'i 7
LEGISLATIVE ASSEMBLY
OF ONTARIO
THIRD SESSION OF THE
TWENTY-SIXTH PARLIAMENT
BILLS
^^-'«.7j
AS INTRODUCED IN THE HOUSE
TOGETHER WITH
REPRINTS AND THIRD READINGS
SESSION
NOVEMBER 22nd to DECEMBER 1 5th, 1961
and
FEBRUARY 20th to APRIL 1 8th, 1962
I' r'-f *.^ ''"f"- ' .;■■" /"A
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INDEX
THIRD SESSION, TWENTY-SIXTH PARLIAMENT
November 22 nd to December 15th, 1961
and
February 20th to April 18th, 1962
PUBLIC BILLS
Bill No.
Accidents, Motor Vehicle — See Motor Vehicle.
Agricultural College — See Ontario.
Agricultural Research Institute of Ontario — Act to establish 50
Agricultural Societies Act — Act to amend 70
Agriculture, Department of, Federated Colleges of the, Act, 1961-62 49
Air Pollution Control Act — Act to amend 31
Alcoholism and Drug Addiction Research Foundation Act, 1949 —
Act to amend 83
Apprenticeship Act — Act to amend (Lapsed) 88
Approval of Impartial Referees and Arbitrators — Act to provide for 72
Assessment Act — Act to amend (Lapsed) 78
— Act to amend 107
B
Bailiffs Act, 1960-61— Act to amend 14
Bees Act — Act to amend 74
Boundaries Act — Act to amend 122
Building Trades Protection Act — Act to repeal 161
Cancer Act — Act to amend 32
Cemeteries Act — Act to amend 130
Certification of Titles Act — Act to amend 121
Child Welfare Act — Act to amend 156
Claims for Damages — See Motor Vehicle Accident.
College of Art Act, 1961-62 166
Commerce and Development — See Economics.
Conservation Authorities Act — Act to amend 7
— Act to amend 148
Consolidated Revenue Fund — See Ontario Loan Act.
Construction Hoists Act, 1960-61 — Act to amend 159
Construction Safety Act, 1961-62 162
Co-operative Loans Act — Act to amend (Lapsed) 44
— Act to amend 75
[3]
C — Continued Bill No.
Coroners Act — Act to amend 15
— Act to amend ' 133
Corporations Act — Act to amend 41
Corporations Information Act — Act to amend 42
Corporations Tax Act — Act to amend 114
Cost of Credit Act, 1961-62 (Lapsed) 174
County Courts Act — Act to amend 61
County Judges Act — Act to amend 62
— Act to amend 103
Crown Attorneys — Act to amend 16
— Act to amend 134
Crown Timber Act — Act to amend 56
D
Damages Arising out of Motor Vehicle Accidents, Claims for —
Act respecting 124
Dead Animal Disposal Act — Act to amend 105
Dentistry Act — Act to amend 29
Department of Agriculture, Federated Colleges of the, Act, 1961-62 49
Department of Economics and Development Act, 1961-62 5
Department of Education Act — Act to amend 33
Department of Labour Act — Act to amend 39
Department of Municipal Affairs Act — Act to amend 79
Devolution of Estates Act — Act to amend 17
Division Courts Act — Act to amend , 18
— Act to amend 63
Drug Addiction, Alcoholism and. Research Foundation Act, 1949
— Act to amend 83
Drugless Practitioners Act — Act to amend 109
E
Economics and Federal and Provincial Relations, the Department of, and
the Department of Commerce and Development — Act to amalgamate 5
Education, Department of, Act — Act to amend 33
Election Act — Act to amend (Lapsed) 37
— Act to amend (Lapsed) 45
— Act to amend (Lapsed) 68
Elderly Persons' Social and Recreational Centres Act, 1961-62 127
Elevators and Lifts Act — Act to amend 160
Embalmers and Funeral Directors Act — Act to amend 173
Energy Act — Act to amend 97
Energy Board, Ontario, Act — Act to amend 96
F
Fair Employment Practices Act— Act to amend (Lapsed) 53
Farm Products Marketing Act — Act to amend (Lapsed) 13
— Act to amend 167
Federal and Provincial Relations Department — See Economics.
F — Continued
Bill No.
Federated Colleges of the Department of Agriculture Act, 1961-62 . 49
Financial Administration Act — Act to amend 115
Fire Marshals Act — Act to amend 19
Fish, Game and. Act, 1961-62 69
Fish Inspection Act — Act to amend 12
Forest Fires Prevention Act — Act to amend 10
Forestry Act — Act to amend 11
Funerals, Prearrangement oi—See Prearrangement.
\ Game and Fish Act, 1961-62 69
Gananoque, Certain Lands in the Town of — Act respecting 55
General Sessions Act — Act to amend 64
H
Health Insurance — Act to provide for (Lapsed) 85
Highway Improvement Act — Act to amend 93
Highway Traffic Act — Act to amend 104
— Act to amend 147
Highway Transport Board Act, Ontario — Act to amend 146
Homes for the Aged Act — Act to amend 128
Horticultural Societies Act — Act to amend 76
Hospital Services Commission Act — Act to amend 51
— Act to amend 110
Hospitals Tax Act — Act to amend 87
Hotel Dieu Hospital, Windsor, Act, 1961-62 157
Hours of Work and Vacations with Pay Act — Act to amend (Lapsed) .... 38
— Act to amend (Lapsed) .... 95
— Act to amend 172
Housing Development Act — Act to amend 131
Human Rights Code, 1961-62, Ontario 54
Hydro — See Power Commission; Ontario Hydro.
Impartial Referees and Arbitrators, Approval of — Act to provide for 72
Income Tax Act, 1961-62 '. 43
— Act to amend 151
Infants Act — Act to amend 136
Insurance Act — Act to amend 144
J
Jails Act — Act to amend 91
Judicature Act — Act to amend 60
— Act to amend 65
Jurors Act — Act to amend 20
Juvenile and Family Courts Act — Act to amend 66
L Bill No.
Labour, Department of, Act — Act to amend 39
Labour Relations Act — Act to amend 168
Lakehead College of Arts, Science and Technology, 1956 — Act to amend. . 58
Land Tax Act, Provincial, 1961-62 149
Land Titles Act — Act to amend 120
Legislative Assembly Act — Act to amend (Lapsed) 4
— Act to amend (Lapsed) 46
Legitimacy Act, 1961-62 21
Liquor Control Act — Act to amend 123
Liquor Licence Act — Act to amend 176
Loan Act, Ontario, 1961-62 150
Loan and Trust Corporations Act — Act to amend 102
Loans Made in Ontario, Full Disclosure of All Terms and Conditions of —
Act to require (Lapsed) 174
Local Improvement Act — Act to amend 90
M
Macdonald Institute — See Ontario Agricultural College.
Magistrates Act — Act to amend 132
Maintenance Orders, Reciprocal Enforcement of, Act — Act to amend. ... 25
Master and Servant Act — Act to amend 22
— Act to amend 135
Mechanics' Lien Act — Act to amend 23
Mental Hospitals Act — Act to amend ; 82
— Act to amend 129
Milk Industry Act— Act to amend 48
Minimum Wage Act — Act to amend (Lapsed) 175
Mining Act — Act to amend 57
Mortgage Brokers Registration Act — Act to amend 119
Mortgages Act — Act to amend 101
Motor Vehicle Accident Claims Act, 1961-62 124
Motor Vehicle Fuel Tax Act — Act to amend 106
Municipal Act — Act to amend 126
— Act to amend 1 70
Municipal Affairs, Department of. Act — Act to amend 79
Municipal Board., Ontario, Act — Act to amend 80
Municipal Employees Retirement System, Ontario — Act to establish 169
Municipal Unconditional Grants Act — Act to amend 92
Municipality of Metropolitan Toronto Act — Act to amend 139
. N
Notaries Act — Act to amend 59
Nurses Act, 1961-62 125
O
Ontario Agricultural College, Ontario Veterinary College and
Macdonald Institute — Act respecting 49
Ontario Energy Board Act — Act to amend 96
Ontario Highway Transport Board Act— Act to amend 146
O — Continued
Bill No.
Ontario Human Rights Code, 1961-62 54
Ontario Hydro — Employees' Union Dispute Act, 1961-62 163
Ontario Loan Act, 1961-62 150
Ontario Municipal Board Act — Act to amend 80
Ontario Municipal Employees Retirement System — Act to establish 169
Ontario Parks Integration Board Act — Act to amend 6
— Act to amend 113
Ontario Water Resources Commission Act — Act to amend 77
Ophthalmic Dispensers Act, 1960-61 — Act to amend 108
Optometry Act, 1961-62 112
P
Parks Assistance Act — Act to amend 8
Parks Integration Board Act, Ontario — Act to amend 6
— Act to amend 113
Pension Benefits Act, 1961-62 (Lapsed) 89, 165
Pharmacy Act — Act to amend Ill
Planning Act — Act to amend 98
Police Act — Act to amend . 24
— Act to amend 73
Power Commission Act — Act to amend 3
— Act to amend 36
Power Commission's Systems Consolidation Act, 1961-62 2
See also Ontario Hydro.
Prearrangement of Funeral Services — Act to regulate 138
Private Investigators Act — Act to amend 118
Private Sanitaria Act — Act to amend 84
Provincial Land Tax Act, 1961-62 149
Provincial Parks Act — Act to amend 9
Public Accountancy Act — Act to amend 171
Public Commercial Vehicles Act — Act to amend 145
Public Health Act — Act to amend 35
Public Hospitals Act — Act to amend 52
Public Lands Act — Act to amend 116
Public Libraries Act — Act to amend 140
Public Parks Act — Act to amend 94
Public Schools Act — Act to amend 142
Public ServiceAct, 1961-62 155
Public Service Superannuation Act — Act to amend 154
R
Reciprocal Enforcement of Maintenance Orders Act — Act to amend 25
Referees and Arbitrators, Approval of Impartial — Act to provide for 72
Registry Act — Act to amend 137
Regulations Act — Act to amend 117
Retail Sales Tax Act, 1960-61 — Act to amend (Lapsed) 47
— Act to amend (Lapsed) 81
— Act to amend 86
Revised Regulations of Ontario, 1960 — Act to confirm 26
Revised Statutes of Ontario, 1960 — Act to confirm 1
8
S Bill No.
Safety of Workmen during Construction etc. — Act to provide for 162
Sanatoria for Consumptives Act — Act to amend . • 30
Schools Administration Act — Act to amend 34
Secondary Schools and Boards of Education Act — Act to amend 141
Separate Schools Act — Act to amend 143
Succession Duty Act — Act to amend 153
Summary Convictions Act — Act to amend 27
Supply Act, 1961-62 177
Surrogate Courts Act — Act to amend 67
T
Teachers' Superannuation Act — Act to amend 164
Tile Drainage Act — Act to amend 152
Training Schools Act— Act to amend 71
Trans-Canada Pipe Lines Limited Provincial Land Tax Act, 1961-62
(Lapsed) 99
Transport Board, Ontario Highway, Act — Act to amend , . 146
Trustee Act — Act to amend 28
V
Variation of Trusts Act — Act to amend 100
Vital Statistics Act — Act to amend 40
— Act to amend 158
W
Water Resources Commission Act, Ontario — Act to amend 77
PRIVATE BILLS
B
Baudette and Rainy River Municipal Bridge — Act respecting Pr34
Belleville, City of— Act respecting Pr3
G
Christ Church, Amherstburg — Act respecting Pr32
Co-operative Credit Society, Ontario — Act respecting Prl2
Cornwall Y.M.-Y.W.C.A.— Act respecting Pr23
E •
Erie Beach, Village of — Act respecting Pr2
Essex County, Town of Leamington and Public Utilities Commission of
the Town of Leamington — Act respecting Pr22
Etobicoke, Township of — Act respecting Pr29
9
G Bill No.
Greater Oshawa Community Chest — Act respecting Prl
H
Halton, County of — Act respecting (Withdrawn) Pr9
Hamilton, City of — Act respecting Pr28
— Act respecting Pr36
Hamilton Civic Hospitals — Act respecting Pr30
Hearst, Town of — Act respecting Pr5
L
Laurentian University of Sudbury — Act respecting Pr35
Leamington — See Essex.
London, City of — Act respecting Pr7
M
Markham, Village of — Act respecting Pr8
Medora and Wood, United Townships of — Act respecting (Withdrawn) . . . Pr20
Metropolitan United Church of Toronto — Act respecting PrlO
Music Teachers — See Ontario. i^ .;:
N
Neelon-Garson — See Sudbury.
Nepean, Township of — Act respecting Prl 3
— Act respecting Prl8
Nepean Township High School Board and The Collegiate Institute
Board of the City of Ottawa — Act respecting. . . Prl5
O
Oakville, Town of — Act respecting Prl6
Ontario Co-operative Credit Society — Act respecting Prl 2
Ontario Registered Music Teachers' Association — Act respecting. Pr24
Orillia, Town of — Act respecting (Not reported) Pr6
Oshawa, Greater, Community Chest — Act respecting Prl
Ottawa, City of — Act respecting Prl 7
Ottawa, City of. Separate School Board — ^Act respecting Pr21
Ottawa Collegiate Institute Board — See Nepean.
0
Queen Elizabeth Hospital for Incurables, Toronto- — Act respecting Pr4
R
Rainy River Municipal Bridge, Baudette and — Act respecting Pr34
Richmond Hill, Town of — Act respecting Pr26
Riverview Health Association — Act respecting Pr37
10
S Bill No.
St. Catharines, City of — Act respecting Prll
Sudbury, City of. High School Board, and The Neelon-Garson and
Falconbridge District High School Board Pr25
Toronto, City of — Act respecting Prl4
Toronto, Township of — Act respecting (Withdrawn) Pr31
U
United Church of Canada — Act respecting Pr33
W
Wicksteed, Township of — Act respecting Pr27
Windsor Board of Education and Windsor Suburban District High
School Board — Act respecting Pr38
Windsor, City of — Act respecting Prl9
Young Men's- Young Women's Christian Association of Cornwall —
Act respecting Pr23
BILL 1
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to confirm the Revised Statutes of Ontario, 1960
Mr. Roberts
TORONTO
PRTNTTKn AKn PiTBT isHFT* pv Franit Fonf; Oitf.kn's Printf.r
Explanatory Note
An Act of this nature is customarily passed following a general revision
of the Statutes.
BILL 1
1961-62
An Act to confirm the
Revised Statutes of Ontario, 1960
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Revised Statutes of Ontario, 1960, as printed by RS^o^iseo.
the Queen's Printer, shall be deemed to have come into force
and to have had effect as law on the 1st day of January, 1961.
2. The enactments mentioned in Schedule A appended to Repeal of
CGFL 8.1X1
the Revised Statutes of Ontario, 1960 shall be deemed to enactments
have been repealed on the 1st day of January, 1961, to the''"" '^™®
extent mentioned in the third column of the Schedule.
3. The Legislature shall not, by reason of the passing of Jj'^dicia^^
this Act, be deemed to have adopted the construction which, tation
by judicial decision or otherwise, may have been placed upon
the language of any Act in the Revised Statutes of Ontario,
1960, or upon similar language.
4. This Act comes into force on the day it receives Royal ^g^^"®"*'®'
Assent.
5. This Act may be cited as The Revised Statutes Confirma- Short title
tion Act, 1961-62.
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BILL 1
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to confirm the Revised Statutes of Ontario, 1960
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 1
1961-62
An Act to confirm the
Revised Statutes of Ontario, 1960
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Revised Statutes of Ontario, 1960, as printed by R.s.o. i960,
the Queen's Printer, shall be deemed to have come into force
and to have had efiFect as law on the 1st day of January, 1961.
2. The enactments mentioned in Schedule A appended to Repeal of
the Revised Statutes of Ontario, 1960 shall be deemed to enac^tments
have been repealed on the 1st day of January, 1961, to the °^"^'"'"®^
extent mentioned in the third column of the Schedule.
3. The Legislature shall not, by reason of the passing of Judicial
this Act, be deemed to have adopted the construction which, tation
by judicial decision or otherwise, may have been placed upon
the language of any Act in the Revised Statutes of Ontario,
1960, or upon similar language.
4. This Act comes into force on the day it receives Royal Commence-
. , ^ ment
Assent.
5. This Act may be cited as The Revised Statutes Confirma- short title
tion Act, 1961-62.
6.
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BILL 2
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to effect the Consolidation of All Works and Systems
of The Hydro-Electric Power Commission of Ontario
Mr. Macaulay
TORONTO
Printed and Piiri,ishf.d ry Frank For,r,. Oiifkn's Printtfr
Explanatory Note
This Bill consolidates the Northern Ontario Properties and the
Southern Ontario System and creates a single unified power system
throughout Ontario.
BILL 2 1961-62
An Act to efifect the Consolidation of All Works
and Systems of The Hydro-Electric Power
Commission of Ontario
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, "Commission" means The Hydro-Electric J^t?J"Pre-
Power Commission of Ontario.
2. All works for the generation, transmission or distribution Northern
ri ••II-' c r\ • Ontario
of power m any of the territorial districts oi Ontario as set Properties
vfistsd in
forth in The Territorial Division Act and all other assets commission
related thereto now held by the Commission in trust for Her ^'^395 ■'■300'
Majesty or in trust for the municipalities comprised in the
Commission's Thunder Bay System, all as described in sec-
tion 65 of The Power Commission Act as the "Northern
Ontario Properties", are hereby vested absolutely in the
Commission.
3. The agreement entered into by His Majesty and the^sj^f^^^^
Commission dated the 30th day of June, 1933, pursuant to
section 43a of The Power Commission Act, is terminated. ^It^' ^^^^'
4. — (1) The amounts heretofore charged and received Am9unts
, 11/^ ■ • c received
under power contracts by the Commission from persons under power
contrELcts
supplied by it with power for the account of Her Majesty allocated
for repayment of indebtedness incurred or assumed by theof'^con-^
Commission with respect to the "Northern Ontario Pro- *^^^"*°"'
perties" in respect of which Her Majesty heretofore had a
beneficial interest shall be transferred and allocated by the
Commission as it, in its discretion, determines for the benefit
of such persons.
(2) The amounts heretofore charged and received from Amounts
r6C6iv6cl
each municipality comprised in the Commission's Thunder from muni-
Bay System for repayment of indebtedness incurred or preserved
assumed by the Commission with respect to the "Northern ^eneflt^^
Ontario Properties" is preserved for the benefit of each such
municipality..
Power 5, All contracts for the supply or purchase of power within
contracts ^^^ territorial districts of Ontario heretofore entered into by
dtetricS^^ the Commission shall be deemed hereafter to have been
entered into on its own behalf.
Commence- g. xhis Act comes into force on the 1st day of January,
ment
1962.
Short title 7. This Act may be cited as The Power Commission's
Systems Consolidation Act, 1961-62.
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nsolidation of All
he Hydro-Electric
I of Ontario
BILL 2
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to effect the Consolidation of All Works and Systems
of The Hydro-Electric Power Commission of Ontario
Mr. Macau lay
TORONTO
Printed and Published by Frank Fogg. Queen's Printer
BILL 2
1961-62
An Act to effect the Consolidation of All Works
and Systems of The Hydro-Electric Power
Commission of Ontario
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, "Commission" means The Hydro-Electric J^t^J'P'"^-
Power Commission of Ontario.
2. All works for the generation, transmission or distribution ontarfJ^'^
of power in any of the territorial districts of Ontario as set Properties
r 1 . T-,7 X-: • • J r^ • • • A 1 11 1 vested in
forth m The Territorial Division Act and all other assets commiasion
related thereto now held by the Commission in trust for Her ^-^g^g^^loQ-
Majesty or in trust for the municipalities comprised in the
Commission's Thunder Bay System, all as described in sec-
tion 65 of The Power Commission Act as the "Northern
Ontario Properties", are hereby vested absolutely in the
Commission.
3. The agreement entered into by His Majesty and the^f^f^f^^
Commission dated the 30th day of June, 1933, pursuant to
.section 43a of The Power Commission Act, is terminated.
R.S.O. 1927.
c. 57
and
received Am9unt3
received
4.— (1) The amounts heretofore charged
under power contracts by the Commission from persons under power
,. , , . . , r , r TT i\/r • ^ contracts
supplied by it with power tor the account oi Her Majesty allocated
for repayment of indebtedness incurred or assumed by the of con-
Commission with respect to the "Northern Ontario Pro- *'^'^^*°'"^
perties" in respect of which Her Majesty heretofore had a
beneficial interest shall be transferred and allocated by the
Commission as it, in its discretion, determines for the benefit
of such persons.
(2) The amounts heretofore charged and received from Amounts
rGCGlVGQ.
each municipality comprised in the Commission's Thunder from muni-
Bay System for repayment of indebtedness incurred or preserved
assumed by the Commission with respect to the "Northern [fgneflf^
Ontario Properties" are preserved for the benefit of each such
municipality.
Power
contracts
in
territorial
diatriots
5. All contracts for the supply or purchase of power within
the territorial districts of Ontario heretofore entered into by
the Commission shall be deemed hereafter to have been
entered into on its own behalf.
ment""*"^^ 6. This Act shall be deemed to have come into force on the
1st day of January, 1962.
Short title 7. This Act may be cited as The Power Commission' s
Systems Consolidation Act, 1961-62.
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BILL 3
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Power Commission Act
Mr. Macaulay
TORONTO
Explanatory Notes
Section 1. "Buildings" is defined for the purposes of the Act,
Sections 2 to 9. These amendments are complementary to Bill 2
which consolidates the Northern Ontario Properties and the Southern
Ontario System.
BILL 3
1961-62
An Act to amend
The Power Commission Act
HER 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 Power Commission Act is amended by c.'foo's.^i?'
adding thereto the following clause: amended
{aa) "buildings" includes all buildings, structures and
works that the Commission deems necessary for the
purposes of this Act.
2. Clause h of section 17 of The Power Commission Act^-^^'l^l^'^
is amended by striking out "rural power districts" in the°i^^^^g^
third and fourth lines and inserting in lieu thereof "the rural
power district", so that the clause shall read as follows:
(6) such sums as are appropriated by the Commission
for sinking fund purposes out of the revenues re-
ceived from the supply of power in the rural power
district.
3. Clause a of section 26 of The Power Commission Act is ^foo.' s.^le!
cl. o,
re-enacted
repealed and the following substituted therefor:
(a) for the purposes of standardizing and making uni-
form the periodicity in alternations of current at
which it supplies power, alter, reconstruct, rebuild,
reassemble, construct, extend, replace or do whatever
else may be necessary in respect of its works, works
held by it under section 86 and, with their consent,
works wherever situate of other persons who are
supplying or purchasing or otherwise delivering or
accepting delivery of power to or from the Com-
mission.
R.S.O. I960.
c 300 s. 55
4. Clause / of subsection 2 of section 55 of The Power snhs. 2,'
Commission Act is amended by striking out "or in respect amended
1951, c. 55;
1952
(2nd Sees.),
c. 3
of the acquisition or construction of works referred to in
section 64 or in section 65" in the third and fourth lines, so
that the clause shall read as follows:
(/) carrying out any of the powers and purposes of the
Commission referred to in sections 24 to 29, 38 and
86, or carrying out any of the powers and purposes
of the Commission referred to in The Niagara
Development Act, 1951 or in The St. Lawrence Develop-
ment Act, 1952 (No. 2) providing in whole or in part
for expenditures of the Commission made or to be
made in connection therewith, reimbursing the Com-
mission for any such expenditures heretofore or
hereafter made, and repaying in whole or in part
any temporary borrowings of the Commission for
any of such purposes.
R.S.O. I960
c. 300,
88. 64 65, repealed.
repealed ^
5. Sections 64 and 65 of The Power Commission Act are
c^'Ioo's^tE' ^* — (^) Subsection 1 of section 72 of The Power Commission
amended ^^^ ^^ amended by striking out "sections 64, 88 and 92" in
the fourth line and inserting in lieu thereof "section 88", so
that the subsection shall read as follows:
Supply of
power
(1) In addition to the powers conferred upon it by this
Act or any other Act to contract with municipal
corporations for the supply by it of power and to
contract with persons pursuant to section 88, the
Commission, subject to the approval of the Lieu-
tenant Governor in Council, may contract with any
other person for the supply of power to such person
upon such terms and conditions as the Commission
deems proper.
c^foo's^ff' (^) Subsection 3 of the said section 72 is repealed and the
sub8. 3. following substituted therefor:
re-enacted °
Application
of net
surplus
(3) Any net surplus made by the Commission in supply-
ing power under subsection 1 shall be applied as the
Commission may determine from time to time for
adjusting and proportioning and making equitable
and stabilizing the rates for power payable to the
Commission.
^■360,1.^72,' ^^) Subsection 4 of the said section 72 is amended by
subs. 4, ' striking out "clauses a, b, c and d of" in the sixth and seventh
amended ,. , .
Imes, so that the subsection shall read as follows:
Determina-
tion of
net surplus
(4) Net surplus referred to in subsection 3 shall be
determined by deducting from the revenue received
from supplying power under subsection 1 all moneys
placed to the credit of the frequency standardization
reserve account pursuant to subsection 2 and an
amount determined by the Commission for costs
and charges as enumerated in section 78.
7. Subsections 2 and 3 of section 86 of The Power Cow- R.s^o. i960,
ww5iO« .4 c/ are repealed and the following substituted therefor isiibss.' 2, '3, '
re-enacted
(2) There shall be one rural power district comprising Ru^ai^
all of the territory of Ontario excepting the areas of district
all municipal corporations and police villages that
have contracted with the Commission for the supply
of power at cost or that hereafter so contract.
(3) The Commission may, on behalf of the corporation g°™e™*°"
as well as on its own behalf,
{a) acquire, construct, extend, reconstruct, hold,
maintain, operate and administer all lands
and works necessary for the transmission to
and the transforming and distributing in the
rural power district of power;
{b) supply power to any customer or at any pre-
mises in the rural power district;
(c) perform, enjoy and enforce all contracts in
which the corporation agrees to supply or sell
power to any customer or at any premises
in the rural power district.
8. Section 92 of The Power Commission Act is repealed. i^s-9- i^^o,
'^ c. 300, 8. 92,
repealed
9. Section 93 of The Power Commission Act is amended by RS.o. i960,
c. 300 s. 93
striking out "except where the contract is with a municipal ainended
corporation for the supply of power from any of the works
mentioned in section 64" in the sixth, seventh and eighth
lines, so that the section shall read as follows:
93. All the provisions of Part II as to the annual pay- Application
ments to be made by the municipal corporations that as to annual
have entered into contracts with the Commission p^^'"®'^ ^
apply to a contract entered into under this Part,
and extend to the works constructed under the
contract for transforming, distributing and supplying
power in a rural power district.
R.S.O. 1960,
c. 300. 8. Ill,
subs. 2,
amended
10. Subsection 2 of section 111 of The Power Commission
Act is amended by striking out "shall" in the ninth line and
inserting in lieu thereof "may", so that the subsection shall
read as follows:
Municipal
commission,
how
composed
in city of
60,000
or over
(2) Notwithstanding An Act respecting the City of
Toronto, being chapter 119 of the Statutes of Ontario,
1911, in a city having a population of 60,000 or over
according to the last enumeration of the assessor,
the corporation of which has entered into a contract
with the Commission under this Act, the commission
to be established for the control and management
of the construction, operation and maintenance of
all works undertaken by the corporation for the dis-
tribution and supply of power may consist of three
members, one of whom shall be the mayor of the
city, one of whom shall be appointed by the muni-
cipal council of the city for two years and until his
successor is appointed, and the third of whom shall
be appointed by the Commission for two years and
until his successor is appointed, and such appointees
are eligible for re-appointment.
Commence-
ment
Short title
11. This Act comes into force on the 1st day of January,
1962.
12. This Act may be cited as The Power Comniission
Amendment Act, 1961-62.
Section 10. Subsection 2 of section HI of the Act provides that a
municipal commission for a city of 60,000 population or over shall be
composed of three members. The subsection is amended to make this
provision permissive only so that the commission may be composed as
provided in The Public Utilities Act.
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BILL 3
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Power Commission Act
Mr. Macaulay
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
7-0/
BILL 3
1961-62
An Act to amend
The Power Commission Act
HER 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 Power Commission Act is amended by ^foo.'a.^i^''
adding thereto the following clause: amended
{aa) "buildings" includes all buildings, structures and
works that the Commission deems necessary for the
purposes of this Act.
2. Clause h of section 17 of The Power Commission -^c^^-Iq^- i960,
is amended by striking out "rural power districts" in theci. 6,
third and fourth lines and inserting in lieu thereof "the rural
power district", so that the clause shall read as follows:
(6) such sums as are appropriated by the Commission
for sinking fund purposes out of the revenues re-
ceived from the supply of power in the rural power
district.
amended
3, Clause a of section 26 of The Power Commission Act is ^'foo,' s.^le,'
cl. o,
re-enacted
repealed and the following substituted therefor:
(a) for the purposes of standardizing and making uni-
form the periodicity in alternations of current at
which it supplies power, alter, reconstruct, rebuild,
reassemble, construct, extend, replace or do whatever
else may be necessary in respect of its works, works
held by it under section 86 and, with their consent,
works wherever situate of other persons who are
supplying or purchasing or otherwise delivering or
accepting delivery of power to or from the Com-
mission.
R.S.O. I960.
4. Clause / of subsection 2 of section 55 of The Power Bubs. 2, '
Commission Act is amended by striking out "or in respect amended
of the acquisition or construction of works referred to in
section 64 or in section 65" in the third and fourth lines, so
that the clause shall read as follows:
(/) carrying out any of the powers and purposes of the
Commission referred to in sections 24 to 29, 38 and
86, or carrying out any of the powers and purposes
1951. c. 55; of the Commission referred to in The Niagara
(2nd Sess.). Development Act, 1951 or in The St. Lawrence Develop-
^' ^ ment Act, 1952 (No. 2) providing in whole or in part
for expenditures of the Commission made or to be
made in connection therewith, reimbursing the Com-
mission for any such expenditures heretofore or
hereafter made, and repaying in whole or in part
any temporary borrowings of the Commission for
any of such purposes.
^•|q^. I960. 5^ Sections 64 and 65 of The Power Commission Act are
^•plaief* repealed.
Jl^o. I960. Q^ — (1) Subsection 1 of section 72 of The Power Commission
liSnded ^^^ ^^ amended by striking out "sections 64, 88 and 92" in
the fourth line and inserting in lieu thereof "section 88", so
that the subsection shall read as follows:
Supply of (1) In addition to the powers conferred upon it by this
power ^ ' , A • 1 • • I
Act or any other Act to contract with municipal
corporations for the supply by it of power and to
contract with persons pursuant to section 88, the
Commission, subject to the approval of the Lieu-
tenant Governor in Council, may contract with any
other person for the supply of power to such person
upon such terms and conditions as the Commission
deems proper.
c^'foo' 6^72* ^^) Subsection 3 of the said section 72 is repealed and the
8ub8. 3, ' following substituted therefor:
re-enacted
af^netf^*^^" (3) Any net surplus made by the Commission in supply-
surplus ing power under subsection 1 shall be applied as the
Commission may determine from time to time for
adjusting and proportioning and making equitable
and stabilizing the rates for power payable to the
Commission.
^loo's^fE' ^"^^ Subsection 4 of the said section 72 is amended by
Bub8^4^j striking out "clauses a, h, c and d of" in the sixth and seventh
lines, so that the subsection shall read as follows:
amended
fionlf^""^' (4) Net surplus referred to in subsection 3 shall be
net surplus determined by deducting from the revenue received
from supplying power under subsection 1 all moneys
placed to the credit of the frequency standardization
reserve account pursuant to subsection 2 and an
amount determined by the Commission for costs
and charges as enumerated in section 78.
7. Subsections 2 and 3 of section 86 of The Power Com- R.s.o. i960,
mission Act are repealed and the following substituted therefor : siibss.' 2,' 3. '
re-enacted
(2) There shall be one rural power district comprising Rural
all of the territory of Ontario excepting the areas of district
all municipal corporations and police villages that
have contracted with the Commission for the supply
of power at cost or that hereafter so contract.
(3) The Commission may, on behalf of the corporation Commission
as well as on its own behalf,
{a) acquire, construct, extend, reconstruct, hold,
maintain, operate and administer all lands
and works necessary for the transmission to
and the transforming and distributing in the
rural power district of power;
{b) supply power to any customer or at any pre-
mises in the rural power district;
(c) perform, enjoy and enforce all contracts in
which the corporation agrees to supply or sell
power to any customer or at any premises
in the rural power district.
8. Section 92 of The Power Commission Act is repealed. R.s.o. i960,
^ c. 300, s. 92,
repealed
9. Section 93 of The Power Commission Act is amended by RS.o. i960,
c. 300 s. 93
striking out "except where the contract is with a municipal amended
corporation for the supply of power from any of the works
mentioned in section 64" in the sixth, seventh and eighth
lines, so that the section shall read as follows:
93. All the provisions of Part II as to the annual pay- Application
ments to be made by the municipal corporations that as to annual
have entered into contracts with the Commission ^^^"^®" ^
apply to a contract entered into under this Part,
and extend to the works constructed under the
contract for transforming, distributing and supplying
p)ower in a rural power district.
^•oa9* ^^,®,*l' 10. Subsection 2 of section 111 of The Power Commission
subs. 2, Act is amended by striking out "shall" in the ninth line and
inserting in lieu thereof "may", so that the subsection shall
read as follows:
amended
Municipal
commission.
how
composed
in city of
60,000
or over
(2) Notwithstanding An Act respecting the City of
Toronto, being chapter 1 19 of the Statutes of Ontario,
1911, in a city having a population of 60,000 or over
according to the last enumeration of the assessor,
the corporation of which has entered into a contract
with the Commission under this Act, the commission
to be established for the control and management
of the construction, operation and maintenance of
all works undertaken by the corporation for the dis-
tribution and supply of power may consist of three
members, one of whom shall be the mayor of the
city, one of whom shall be appointed by the muni-
cipal council of the city for two years and until his
successor is appointed, and the third of whom shall
be appointed by the Commission for two years and
until his successor is appointed, and such appointees
are eligible for re-appointment.
Commence-
ment
11. This Act shall be deemed to have come into force on
the 1st day of January, 1962.
Short title
12. This Act may be cited as The Power Commission
Amendment Act, 1961-62.
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BILL 4
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend
The Legislative Assembly Act
Mr. Bryden
TORONTO
PoiMxim Axrn Pitut tcwpti nv Vt>\\iv Tt'nn.n. Ottt7T7m'c Pdintrd
Explanatory Notes
Section 1. The provision repealed prohibits the issuance of a writ
for a by-election during a session of the Legislature.
Section 2. Alternative methods are provided for appointing a
returning officer for the purpose of a by-election after three months have
expired.
BILL 4 1960-62
An Act to amend
The Legislative Assembly Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 25 of The Legislative Assembly Act is repealed, ^fos,' s.^ls!
repealed
2. Section 28 of The Legislative Assembly Act is repealed ^f^^-^^f^-
and the following substituted therefor: re-enacted
28. — (1) If the seat of a member has been vacant for three ^^^l^'^^^,,
months and no writ has been issued, the Chief exists for
^. . r^rr i 11 • 1 • r 1 • i ^ months
Election Urhcer shall issue the writ forthwith.
(2) When the Chief Election Officer is prevented from when^chief
issuing the writ referred to in subsection 1 because Officer shall
. rr 1 1 • 1 f 1 appoint
no returning omcer has been appointed tor the returning
electoral district concerned, the Chief Election
Officer shall appoint a returning officer immediately,
notwithstanding anything contained in The Election^ ■^■^•^^^^'
Act.
(3) When the Chief Election Officer fails to carry out Enforcement
any duty required by this section, any person who""^
would be qualified to vote at the election concerned
may apply to the Supreme Court for an order
requiring the Chief Election Officer to carry out such
duty, and the decision of the court is final and
enforceable in the same manner as a mandamus.
Commence-
3. This Act comes into force on the day it receives Royal 'i^ent
Assent.
4. This Act may be cited as The Legislative Assembly
Amendment Act, 1961-62.
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BILL 5
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amalgamate the Department of Economics
and Federal and Provincial Relations and the
Department of Commerce and Development
Mr. Macaulay
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
This Bill is self-explanatory.
BILL 5 1961-62
An Act to amalgamate the Department of
Economics and Federal and Provincial
Relations and the Department of
Commerce and Development
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, tatkm"^^"
(a) "Department" means the Department of Economics
and Development;
(b) "Minister" means the Minister of Economics and
Development.
2. The Department of Economics and Federal and Pro- ^Pfl*^®'^*^
vincial Relations and the Department of Commerce and mated
Development shall be amalgamated and shall continue as a
department of the public service under the name of the
Department of Economics and Development.
3. The Minister shall preside over and have charge of the^*^^^*®^
Department. charge
4. The Department shall perform the functions heretofore Functions
performed by the Department of Economics and Federal and
Provincial Relations and by the Department of Commerce
and Development, except such of them as have been or are
hereafter assigned to another department of the public service.
5. Notwithstanding the provisions of any other Act, the Assignment
Lieutenant Governor in Council may assign the administration *^
of any Act to the Minister and the Minister shall be responsible
for the administration of any Act so assigned and may exercise
the powers and shall perform the duties of the minister named
in any Act so assigned.
Reference Q, A reference in any Act to the Minister of Planning and
to Minister -^ . /• /-^ i t-x i
in other Development or the Minister of Commerce and Development,
except where inconsistent with the intent of the Act, shall be
deemed to be a reference to the Minister of Economics and
Development.
Repeal 7, f he following Acts are repealed:
^■93^' ^^^^' 1- ^^^ Department of Economics and Federal and Pro-
vincial Relations Act.
1960-61. 2. The Department of Economics Amendment Act, 1960-
61.
1960-61, 2 Y^^ Department of Commerce and Development Act,
1960-61.
ment"*"^* 8. This Act comes into force on the day it receives Royal
Assent.
Short title 9, This Act may be cited as The Department of Economics
and Development Act, 1961-62.
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BILL 5
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amalgamate the Department of Economics
and Federal and Provincial Relations and the
Department of Commerce and Development
Mr. Macau lay
T O.R O N T O
Printed and Published by Frank Fogg, Queen's Printer
BILL 5 1961-62
An Act to amalgamate the Department of
Economics and Federal and Provincial
Relations and the Department of
Commerce and Development
HER 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) "Department" means the Department of Economics
and Development;
(b) "Minister" means the Minister of Economics and
Development.
2. The Department of Economics and Federal and Pro- D^Pf|*."^«"*«
vincial Relations and the Department of Commerce and^^ated
Development shall be amalgamated and shall continue as a
department of the public service under the name of the
Department of Economics and Development.
3. The Minister shall preside over and have charge of the ^have'^
Department. "^^"^^^
4. The Department shall perform the functions heretofore '^"'^c^io"^
performed by the Department of Economics and Federal and
Provincial Relations and by the Department of Commerce
and Development, except such of them as have been or are
hereafter assigned to another department of the public service.
5. Notwithstanding the provisions of any other Act, the Assignment
Lieutenant Governor in Council may assign the administration
of any Act to the Minister and the Minister shall be responsible
for the administration of any Act so assigned and may exercise
the powers and shall perform the duties of the minister named
in any Act so assigned.
S®Min?8®er ^* ^ reference in any Act to the Minister of Planning and
'a ta^^^ Development or the Minister of Commerce and Development,
except where inconsistent with the intent of the Act, shall be
deemed to be a reference to the Minister of Economics and
Development.
Repeal j ^ 'Yhe following Acts are repealed:
^■93°' ^^^°' !• ^^^ Department of Economics and Federal and Pro-
vincial Relations Act.
1960-61, 2. The Department of Economics Amendment Act, 1960-
61.
c. 18 ' 3. The Department of Commerce and Development Act,
1960-61.
ment"*"^ 8. This Act comes into force on the day it receives Royal
Assent.
Short title 9^ yj^jg ^^^ j^^y \^^ cited as The Department of Economics
and Development Act, 1961-62.
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BILL 6
3rd Session, 26th Legislature,' Ontario
10-11 Elizabeth II, 1961-62
An Act to amend
The Ontario Parks Integration Board Act
Mr. Macaulay
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
Self-explanatory.
BILL 6 1961-62
An Act to amend
The Ontario Parks Integration Board Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 2 of section 1 of The Ontario Parks Integration f/ 277 [ l^f°'
Board Act is amended by striking out "the Minister of|'^|nded
Planning and Development" in the fifth and sixth lines and
inserting in lieu thereof "the Minister of Economics and
Development", so that the subsection shall read as follows:
(2) The Board shall be composed of the chairman of Composition
The Niagara Parks Commission, the chairman of
The Ontario-St. Lawrence Development Commission
or a vice-chairman of that Commission designated
by the Commission, the Treasurer of Ontario, the
Minister of Lands and F'orests, the Minister of
Economics and Development and their successors
in office from time to time.
2. This Act comes into force on the day it receives Royal Commenee-
•^ ment
Assent.
3. This Act may be cited as The Ontario Parks Integration short title
Board Amendment Act, 1961-62.
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BILL 6
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend
The Ontario Parks Integration Board Act
Mr. Mac aula y
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 6 l%l-62
An Act to amend
The Ontario Parks Integration Board Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 2 of section 1 of The Ontario Parks Integration J'fiv; l^f^'
Board Act is amended by striking out "the Minister of|^|^|^^
Planning and Development" in the fifth and sixth lines and
inserting in lieu thereof "the Minister of Economics and
Development", so that the subsection shall read as follows:
(2) The Board shall be composed of the chairman of Composition
The Niagara Parks Commission, the chairman of
The Ontario-St. Lawrence Development Commission
or a vice-chairman of that Commission designated
by the Commission, the Treasurer of Ontario, the
Minister of Lands and Forests, the Minister of
Economics and Development and their successors
in office from time to time.
2. This Act comes into force on the day it receives Royal Commence-
* . ment
Assent.
3. This Act may be cited as The Ontario Parks Integration short title
Board Amendment Act, 1961-62.
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BILL 7
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend
The Conservation Authorities Act
Mr. Macaulay
TORONTO
Explanatory Note
The amendment provides that the Act shall be administered by the
member of the Executive Council designated by the Lieutenant Governor
in Council.
BILL 7
1961-62
An Act to amend
The Conservation Authorities Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Clause g of section 1 of The Conservation Authorities Act^Q^'^^f^^'
is repealed and the following substituted therefor: re-e^nacted
(g) "Minister" means the member of the Executive
Council designated by the Lieutenant Governor in
Council to administer this Act.
2. This Act comes into force on the day it receives Royal ment^^'^"^
Assent.
3. This Act may be cited Jas The Conservation ^2<//jm/ie5 Short title
Amendment Act, 1961-62.
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BILL 7
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend
The Conservation Authorities Act
Mr. Macaulay
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 7 1961-62
An Act to amend
The Conservation Authorities Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Clause g of section 1 of The Conservation Authorities Act^Q2^'Q}\^^'
is repealed and the following substituted therefor: re-enacted
ig) "Minister" means the member of the Executive
Council designated by the Lieutenant Governor in
Council to administer this Act.
2. This Act comes into force on the day it receives Royal ment'"*"^*'
Assent.
3. This Act may be cited as The Conservation A uthorities Short title
Amendment Act, 1961-62.
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BILL 8
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Parks Assistance Act
Mr. Macaulay
TORONTO
Pkintud and Published by Frank Fogg, Queen's Printer
Explanatory Note
The amendment provides that the Act shall be administered by the
member of the Executive Council designated by the Lieutenant Governor
in Council.
BILL 8 1961-62
An Act to amend The Parks Assistance Act
HER 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 Parks Assistance Act is RS-O- i^^o,
repealed and the following substituted therefor: ci. c,
re-enacted
{c) "Minister" means the member of the Executive
Council designated by the Lieutenant Governor in
Council to administer this Act.
2. This Act comes into force on the day it receives Royal ^enY"^"*^^"
Assent.
3. This Act may be cited as The Parks Assistance Amend- ^^on title
ment Act, 1961-62.
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BILL 8
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Parks Assistance Act
Mr. Macaulay
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
u
BILL 8 1961-62
An Act to amend The Parks Assistance Act
HER 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 Parks Assistance Act is R|-0- 1960,
repealed and the following substituted therefor: ci. c, ' ' '
re-enacted
{c) "Minister" means the member of the Executive
Council designated by the Lieutenant Governor in
Council to administer this Act.
2. This Act comes into force on the day it receives Royal ment"*"*'*'
Assent.
3. This Act may be cited as The Parks Assistance Amend- ^^on title
ment Act, 1961-62.
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BILL 9
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Provincial Parks Act
Mr. Spooner
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
Conservation officers are added to the list of officers who have, in a
provincial park, the power and authority of a member of the Ontario
Provincial Police Force.
BILL 9 1961-62
An Act to amend The Provincial Parks Act
HER 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 Provincial Parks Act is amended by ^•3^49^9°'
inserting after "ranger" in the second line "and conservation ^"^®'^«*®*^
officer", so that the section shall read as follows:
9. In a provmcial park, the district forester, superin- Police
1 1-1 If., powers
tendent or other person in charge and every forest
ranger and conservation officer have all the power
and authority of a member of the Ontario Provincial
Police Force.
2. This Act comes into force on the day it receives Royal ment"*'"*^^"
Assent.
3. This Act may be cited as The Provincial Parks Amend- ^'^^^^ title
ment Act, 1961-62.
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BILL 9
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Provincial Parks Act
Mr. Spooner
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 9 1961-62
An Act to amend The Provincial Parks Act
HER 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 Provincial Parks Act is amended by^fj^'^^ll''
inserting after "ranger" in the second line "and conservation a^'^®"^®**
officer", so that the section shall read as follows:
9. In a provincial park, the district forester, superin- Police
tendent or other person in charge and every forest
ranger and conservation officer have all the power
and authority of a member of the Ontario Provincial
Police Force.
2. This Act comes into force on the day it receives Royal ment"*""*"
Assent.
3. This Act may be cited as The Provincial Parks Amend- ^^°^^ title
ment Act, 1961-62.
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BILL 10
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend
The Forest Fires Prevention Act
Mr. Spooner
TORONTO
Printed and Published by Frank Fogg. Queen's Printer
Explanatory Notes
Section 1 — Subsection 1. The amendment extends the group with
which the Minister may make agreements respecting the prevention and
control of forest fires to include Canada, other provinces of Canada,
and Crown agencies.
Subsection 2. The subsection repealed is unnecessary.
10
BILL 10 1961-62
An Act to amend
The Forest Fires Prevention Act
HER 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 14 of The Forest Fires Pre-f-f^l^^^'
vention Act is amended by inserting after "and" in the first 1^1^:^^^^
line "the Crown in right of Canada or any province of Canada,
any agency of any of them", so that the subsection shall read
as follows:
(1) The Minister and the Crown in right of Canada or f-^^^^^'^^^^
any province of Canada, any agency of any of them, ^re pre- ^^^
any municipality, any licensee under The Crown control
Timber Act or any owner or tenant of railway lands
under The Railway Fire Charge Act may enter into R-s.o. i960,
an agreement with respect to the prevention and
control of forest fires.
R.S.O. I960.
(2) Subsection 2 of the said section 14 is repealed. sub8^2^' ^^'
repealed
. 2. This Act comes into force on the day it receives Royal commence-
. ment
Assent.
3. This Act may be cited as The Forest Fires Prevention short title
Amendment Act, 1961-62.
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BILL 10
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend
The Forest Fires Prevention Act
Mr. Spooner
TORONTO
Printed AND Published by Frank Fogg, Queen's Printer
BILL 10 1961-62
An"^Act to amend
The Forest Fires Prevention Act
HER 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 14 of The Forest Fires Pre- ff^-l^f^'^
vention Act is amended by inserting after "and" in the first l^s^^^^^
line "the Crown in right of Canada or any province of Canada,
any agency of any of them", so that the subsection shall read
as follows:
(1) The Minister and the Crown in right of Canada ovf^^^^^^^^
any province of Canada, any agency of any of them,flre pre-
any municipality, any licensee under The Crown control
Timber Act or any owner or tenant of railway lands
under The Railway Fire Charge Act may enter into R-S.o. i960.
. , , . , cc. 83, 343
an agreement with respect to the prevention and
control of forest fires.
R.S.O. I960,
(2) Subsection 2 of the said section 14 is repealed. subs ^2^" ^^'
repealed
'2. This Act comes into force on the day it receives Royal Commence-
. ^ ment
Assent.
3. This Act may be cited as The Forest Fires Prevention short title
Amendment Act, 1961-62.
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BILL 11
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Forestry Act
Mr. Spooner
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The amendment removes a Crown timber licensee from the definition
of "owner".
11
BILL 11 1961-62
An Act to amend The Forestry Act
HER 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 Forestry Act is amended byRS.o. i960,
striking out "and includes the holder of a licence under The ci. c,"
Crown Timber Act" in the second and third lines, so that the
clause shall read as follows:
(c) "owner" means a person having any right, title,
interest or equity in land.
2. This Act comes into force on the day it receives Royal ment"^^"''*"
Assent.
3. This Act may be cited as The Forestry Amendment Act, Short title
1961-62.
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BILL 11
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Forestry Act
Mr, Spooner
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 11
1961-62
An Act to amend The Forestry Act
HER 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 Forestry Act is amended by RS-O. i960,
striking out "and includes the holder of a licence under Thed. c ' ' '
Crown Timber Act" in the second and third lines, so that the
clause shall read as follows:
(c) "owner" means a person having any right, title,
interest or equity in land.
2. This Act comes into force on the day it receives Royal ment^^"*^*'
Assent.
3. This Act may be cited as The Forestry Amendment Act, s^ort title
1961-62.
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BILL 12
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Fish Inspection Act
Mr. Spooner
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1 — Subsection 1. This amendment will authorize the
making of regulations respecting the marketing of uninspected and sub-
standard fish.
Subsection 2. Self-explanatory.
12
BILL 12 1961-62
An Act to amend The Fish Inspection Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Section 13 of The Fish Inspection Act is amended ^"150 ; s.^fs'
by adding thereto the following clause: amended
{aa) prohibiting or regulating the marketing of fish that
are not inspected or that are below any prescribed
grade, quality or standard.
(2) The said section 13 is further amended by adding R-S.o. i960,
thereto the following subsection: amended
(2) Any regulation may be limited as to area, species of 0/'^''°**'°'^
fish, time or otherwise. regulations
2. This Act comes into force on the day it receives Royal Commence-
•^ -^ ment
Assent.
3. This Act may be cited as The Fish Inspection Amend- ^^^^^^^^^^
'ment Act, 1961-62.
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BILL 12
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Fish Inspection Act
Mr. Spooner
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 12 1961-62
An Act to amend The Fish Inspection Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Section 13 of The Fish Inspection Act is amended ^'f so," s.^ia,*
by adding thereto the following clause: amended
{aa) prohibiting or regulating the marketing of fish that
are not inspected or that are below any prescribed
grade, quality or standard.
(2) The said section 13 is further amended by adding RS.o. i960,
thereto the following subsection: amended
(2) Any regulation may be limited as to area, species of 0/'^^'*^***°'^
fish, time or otherwise. regulations
2. This Act comes into force on the day it receives Royal Oommence-
. ■^ ■' ment
Assent.
3. This Act may be cited as The Fish Inspection Amend- ^^°^^ ^^^^^
ment Act, 1961-62.
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BILL 13
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Farm Products Marketing Act
Mr. MacDonald
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
The purpose of this Bill is to restore the principle of producer control
of local boards and marketing agencies by removing the powers of the
Farm Products Marketing Board or the Lieutenant Governor in Council
to intervene in their day-to-day operations as long as they are conforming
with the regulations laid down for their general direction.
Section 1. Self-explanatory.
Section 2— Subsections 1 and 2. These amendments remove the
power of the Lieutenant Governor in Council to establish, amend or
revoke a plan without a plebiscite or its equivalent.
13
BILL 13
1961-62
An Act to amend
The Farm Products Marketing Act
HER 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 Farm Products Marketing Act is repealed Jfs?; l^f!'
and the following substituted therefor:
re-enacted
2. The purpose and intent of this Act is to provide for ^f"^P<^*^®
the control by producers of the marketing within
the Province of their farm products in accordance
with the regulations, including the prohibition of
such marketing in whole or in part.
2. — (1) Subsection 1 of section 6 of The Farm Products ^-f^-l^f^'
Marketing Act is amended by striking out "Notwithstanding |^|^i'^
section 5" in the first line, so that the subsection, exclusive
of the clauses, shall read as follows:
(1) The Lieutenant Governor in Council may make ^J^^^Jn""''^
. regulations, H^,'^,'^'
(2) Clause a of subsection 1 of the said section 6 is amended f'/f^' 1%^
by adding at the end thereof "pursuant to a plebiscite, or^u^s. i, ci. c
• 1 1 1 • • 1 1 1 1 11 -1 amended
Without a plebiscite where the producers have been voluntarily
operating a marketing agency in connection with which the
views of the majority of the producers are made apparent in
a manner equivalent to a plebiscite", so that the clause shall
read as follows:
(a) establishing, amending and revoking plans for control
and regulation of the marketing within Ontario or
any part thereof of any farm product and constituting
local boards to administer such plans pursuant to a
plebiscite, or without a plebiscite where the pro-
ducers have been voluntarily operating a marketing
13
agency in connection with which the views of the
majority of the producers are made apparent in a
manner equivalent to a plebiscite.
c^'137' 8^6^' (^) Clause e of subsection 1 of the said section 6 is amended
subs, i, ci.'c, by inserting after "affairs" in the second line "where the
regulations do not meet the particular circumstances or needs
of a local board", so that the clause shall read as follows:
{e) prescribing by-laws for regulating the government
of local boards and the conduct of their affairs where
the regulations do not meet the particular circum-
stances or needs of a local board, but any local board
may make by-laws not inconsistent with this Act,
the regulations made under this clause or the regu-
lations made under the plan under which the local
board is established as amended from time to time.
c!"i37.' s.^6?' ^^) Clauses/ and g of subsection 1 of the said section 6 are
re-enacted'^' ""^P^^^^^d and the following substituted therefor:
cl. g, '
r6I363jl6d
(/) dissolving a local board where the local board has
become inactive or where it is not feasible to hold a
plebiscite to establish the desires of the producers,
on such terms as he deems proper.
c!!"i3?,' s.^6?' (^) ^^^ ^^^^ section 6 is amended by adding thereto the
amended following subsections:
Regulations
for dis-
solution of
local board
or market-
ing agency
(la) Notwithstanding any other Act, where an existing
plan has been revoked as a result of a plebiscite held
under subsection 3 or 4 of section 5, the Lieutenant
Governor in Council may make regulations providing
for,
(a) the carrying out by the Board or a trustee
of any or all of the powers of a local board or
marketing agency;
{b) the vesting of the assets of a local board or
marketing agency in the Board or a trustee;
(c) the disposing of any or all of the assets of a
local board or marketing agency in such
manner as is prescribed,
and, where any regulation made under this sub-
section is in conflict with any by-law of the local
board or marketing agency, the regulation prevails.
13
Subsection 3. This amendment limits the power of the Lieutenant
Governor in Council to prescribe by-laws for local boards to only those
matters that require special treatment.
Subsection 4. The subject matter of the present clause /, which is
repealed, is dealt with in the new subsection la. The present clause g
limits the power to dissolve a local board to only those cases where the
board has become inactive or it is not feasible to hold a plebiscite. It is
replaced by the proposed clause /.
Subsection 5. The two new subsections replace clause/ of subsection 1
of section 6 of the Act and limit the power to take over or wind up a local
board or marketing agency to only those cases where a plebiscite is held
and the plan rejected and where no new plan is approved or proposed.
Sfxtion 3. The paragraph repealed authorizes the Farm Products
Marketing Board to make regulations requiring its approval for grants
made by local boards.
Section 4 — Subsection 1. Clause a of subsection 5 of section 9 of
the Act is moved to subsection 3 of section 9 where its subject matter is
more appropriate.
Subsection 2. The subsections repealed authorize the Farm Products
Marketing Board to control the fixing of service charges by local boards
and to control the scope of activity and objectives of local boards.
Section 5. This section confirms the Board's right to limit or revoke
the powers of a local board, but removes the Board's power to interfere in
the day-to-day exercise of those powers.
13
(lb) Where an existing plan has been revoked as a result Restriction
of a plebiscite held under subsection 3 or 4 of section 5 uons^vhere
and there is reason to believe that the producers proposed
wish to establish another plan, no assets shall be
disposed of under regulations made under clause c
of subsection la, and any regulations made under
clause a or 6 of subsection la are revoked upon the
approval of another plan by plebiscite of the pro-
ducers.
R.S.O. I960,
3. Paragraph 14 of subsection 1 of section 8 of The Farm^^^^'^^^- ^'
Products Marketine Act is repealed. par. 14'
° repealed
4. — (1) Subsection 3 of section 9 of The Farm Products ^-^O-idGO,
Marketing Act is amended by striking out "and" at the end subs. 3, '
of clause e, by adding "and" at the end of clause / and by
adding thereto the following clause:
(g) any proposed changes in the purposes of the plan
at least ten days before the proposed changes become
effective.
R.S.O. 1960,
(2) Subsections 4 and 5 of the said section 9 are repealed, subss^'4,'5,'
repealed
5. Section 10 of The Farm Products Marketing Act '^^^'f^'l^fo'
amended by striking out clauses a and b and inserting in lieu amended
thereof "limit or remove the powers previously delegated to
or vested in a local board or marketing agency", so that the
section shall read as follows:
10. Where the Board delegates to a local board any of ^^^™**^^^'o"
its powers or vests in a marketing agency powers to^f lo'^-ai
promote, regulate and control the marketing of a
regulated product, the Board may, at any time, limit
or remove the powers previously delegated to or
vested in a local board or marketing agency.
6. This Act comes into force on the day it receives Royal Commence-
. J J ment
Assent.
7. This Act may be cited as The Farm Products Marketing Short title
Amendment Act, 1961-62.
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BILL 14
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Bailiffs Act, 1960-61
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1: This amendment is for the purpose of clarification and
contains no change in principle.
Section 2: — Subsection 1. The amendment removes any possibility
that the creditors referred to include those of the guarantor of a bond.
Subsection 2. The amendment allows the refunding to a guarantor
of a bond that has been realized and paid by the guarantor.
14
BILL 14
1961-62
An Act to amend The Bailiffs Act, 1960-61
HER 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 Bailiffs Act, 1960-61 is repealed and J^|°;^^4.
the following substituted therefor: re-enacted
4. A bailiff may act as a bailiff in a county other than Consent of
the county for which he is appointed if he first fo" bailiff *
obtains the consent of a judge of the county court ° *°
of the county in which he proposes to act.
2.— (1) Subsection 2 of section 13 of The Bailiffs Act,l^f;i\^^
1960-61 is amended by striking out "person bound by thel^l^^^^j
bond" in the seventh line and inserting in lieu thereof "bailiff
bonded", so that the subsection shall read as follows:
(2) The Treasurer may, IvI^ed^ °^
(a) assign any bond forfeited under section 12
and transfer the collateral security, if any;
{b) pay over any money recovered under the
bond; and
(c) pay over any money realized from the sale
of the collateral security,
to any judgment creditor of the bailiff bonded for
claims arising out of the circumstance under which
the bond was forfeited, or to the Accountant of the
Supreme Court in trust for any person who becomes
such judgment creditor.
(2) Subsection 3 of the said section 13 is amended ^Y^^^'i^s,
striking out "the person bound by the bond" in the sixth |^|^i^^ '
line and inserting in lieu thereof "any person who made a
payment under the bond", so that the subsection shall read
as follows:
14
Idem (3) Where a bond has been forfeited or cancelled and
the Treasurer has not received notice in writing of
any claim against the proceeds of the bond or such
part as remains in the hands of the Treasurer within
two years of the forfeiture or cancellation, the
Treasurer may pay the proceeds or part remaining
to any person who made a payment under the bond.
ment"^'^^^" ^* '^^^® ^^^ comes into force on the day it receives Royal
Assent.
Short title 4., This Act may be cited as The Bailiff's Amendment Act,
1961-62.
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BILL 14
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Bailiffs Act, 1960-61
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 14 1961-62
An Act to amend The Bailiffs Act, 1960-61
HER 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 Bailiffs Act, 1960-61 is repealed and ^9|%^^4.
the following substituted therefor: . re-enacted
4. A bailiff may act as a bailiff in a county other than Consent^of
the county for which he is appointed if he first for bailiff
obtains the consent of a judge of the county court
of the county in which he proposes to act.
2.— (1) Subsection 2 of section 13 of The Bailiffs Act,l^f-i^i^^
1960-61 is amended by striking out "person bound by th^^^liJ^^
bond" in the seventh line and inserting in lieu thereof "bailiff
bonded", so that the subsection shall read as follows:
(2) The Treasurer may, l^^^^i^ «f
(a) assign any bond forfeited under section 12
and transfer the collateral security, if any;
{b) pay over any money recovered under the
bond; and
(c) pay over any money realized from the sale
of the collateral security,
to any judgment creditor of the bailiff bonded for
claims arising out of the circumstance under which
the bond was forfeited, or to the Accountant of the
Supreme Court in trust for any person who becomes
such judgment creditor.
(2) Subsection 3 of the said section 13 is amended by^^f^'g^^fg
striking out "the person bound by the bond" in the sixth |^|j^|^j
line and inserting in lieu thereof "any person who made a
payment under the bond", so that the subsection shall read
as follows:
14
Idem
(3) Where a bond has been forfeited or cancelled and
the Treasurer has not received notice in writing of
any claim against the proceeds of the bond or such
part as remains in the hands of the Treasurer within
two years of the forfeiture or cancellation, the
Treasurer may pay the proceeds or part remaining
to any person who made a payment under the bond.
Commence-
ment
3. This Act comes into force on the day it receives Royal
Assent.
Short title
4. This Act may be cited as The Bailiffs Amendment Act,
1961-62.
14
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BILL 15
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Coroners Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The purpose of this Bill is to allow a pathologist an extra fee of $10 in
cases in which he has engaged an assistant.
The present fee is $50, whether or not an assistant has been engaged.
15
BILL 15 1961-62
An Act to amend The Coroners Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Item 1 of Schedule D to The Coroners Act is repealed ^Ig^- ^^^^•
and the following substituted therefor: ftem^i'^'
re-enacted
1. For a post mortem- examination, $50.00, and, where an assistant
has been engaged, an additional $10.00.
2. This Act may be cited as The Coroners Amendment Act, Short title
1961-62.
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BILL 15
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Coroners Act
Mr. Roberts
{Reprinted as amended by the Committee of the Whole House)
TORONTO
Privtkd Avn PiiRT TtjiTFn Rv Fpamtt Fnr.r: Oitrfm'*? Pri\'trr
Explanatory Note
The purpose of this Bill is to allow a pathologist an extra fee of $10 in
cases in which he has engaged an assistant.
The present fee is $50, whether or not an assistant has been engaged.
15
BILL 15 1961-62
An Act to amend The Coroners Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Item 1 of Schedule D to The Coroners Act is repealed ^-l'^- ^^^°*
and the following substituted therefor: Sched. d,
re-enacted
1. For a />o5iworicw examination, $50.00, and, where an assistant
has been engaged, an additional $10.00.
2. This Act comes into force on the day it receives Royal Commence-
Assent. ""^8
3. This Act may be cited as The Coroners A mendment A ct, ^*'°'"* *'*'®
1961-62.
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BILL 15
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Coroners Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
I
BILL 15
1961-62
An Act to amend The Coroners Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
I960.
1. Item 1 of Schedule D to The Coroners Act is repealed ^'Ig^
and the following substituted therefor: sched. d.
item 1,
re-enacted
1 . For a post mortem examination, $50.00, and, where an assistant
has been engaged, an additional $10.00.
2. This Act comes into force on the dav it receives Royal commence-
. ^ ■' ment
Assent.
3. This Act may be cited as The Coroners Amendment Act, s^°r* t^^^^
1961-62.
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BILL 16
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Crown Attorneys Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
This Bill provides up-to-date and appropriate titles for what has
heretofore been known as the Office of Crown Attorney for the City of
Toronto and the County of York.
16
BILL 16 1961-62
An Act to amend The Crown Attorneys Act
HER 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 Crown Attorneys Act is repealed and the^|^o^i|60.
following substituted therefor: re-enacted
3. — (1) The Lieutenant Governor in Council may ap- ^q® onto°and'^
point a Crown Attorney, a Deputy Crown Attorney ^f°York
and such assistant Crown attorneys as he deems
necessary for The Municipality of Metropolitan
Toronto and the County of York who shall be known
respectively as the Crown Attorney, the Deputy
Crown Attorney and the Assistant Crown Attorneys
for Metropolitan Toronto and the County of York.
(2) The Deputy Crown Attorney and the Assistant i<iem
Crown Attorneys for Metropolitan Toronto and the
County of York shall act under the direction of the
Crown Attorney for Metropolitan Toronto and the
County of York and when so acting shall have the
like powers and perform the like duties as the Crown
Attorney for Metropolitan Toronto and the County
of York.
2. This Act comes into force on the day it receives Royal ment^*"^°^
Assent.
3. This Act may be cited as The Crown Attorneys Amend- ^^o^^ title
ment Act, 1961-62.
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BILL 16
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Grown Attorneys Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printf^r
BILL 16 1961-62
An Act to amend The Crown Attorneys Act
HER 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 Crown Attorneys Act is repealed and the^fg^g^l^O'
following substituted therefor: re-en'acte<i
3.— (1) The Lieutenant Governor in Council may ap- ^^^^JXand"
point a Crown Attorney, a Deputy Crown Attorney ^^9^'^*^.^
and such assistant Crown attorneys as he deems
necessary for The Municipality of Metropolitan
Toronto and the County of York who shall be known
respectively as the Crown Attorney, the Deputy
Crown Attorney and the Assistant Crown Attorneys
for Metropolitan Toronto and the County of York.
(2) The Deputy Crown Attorney and the Assistant idem
Crown Attorneys for Metropolitan Toronto and the
County of York shall act under the direction of the
Crown Attorney for Metropolitan Toronto and the
County of York and when so acting shall have the
like powers and perform the like duties as the Crown
Attorney for Metropolitan Toronto and the County
of York.
2. This Act comes into force on the day it receives Royal ^o^^^^e^ce-
Assent.
3. This Act may be cited as The Crown Attorneys Amend- ^^^ori title
ment Act, 1961-62.
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BILL 17
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Devolution of Estates Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
This Bill is complementary to Bill 21, The Legitimacy Act, 1961-62.
It transfers section 6 of The Legitimation Act to The Devolution of Estates
Act as the section deals with devolution of property, not legitimacy.
17
BILL 17
1961-62
An Act to amend
The Devolution of Estates Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1.— (1) Section 27 of The Devolution of Estates Act isR-S^o. i960,
amended by striking out "subsection 1 of section 6 of 7^/?g amended
Legitimation Act" in the first and second lines and inserting
in lieu thereof "subsections 2 and 3", so that subsection 1
of the said section shall read as follows:
(1) Subject to subsections 2 and 3, an illegitimate child inegftimacy
or relative shall not share under any of the provisions
of this Act.
(2) The said section 27 is further amended by adding RS.o. i960,
thereto the following subsections: amended
(2) Where the mother of an illegitimate child dies intestacy of
intestate as respects all or any of her real or personal illegitimate
property and does not leave any legitimate issue ^ ^
surviving her, the illegitimate child, or, if he is dead,
his issue, is entitled to take any interest therein to
which he or such issue would have been entitled if
he had been born legitimate.
(3) Where an illegitimate child dies intestate in respect J Intestacy of
of all or any of his real or personal property, his child
mother, if surviving, is entitled to take any interest
therein to which she would have been entitled if the
child had been born legitimate and she had been the
only surviving parent.
2. Section 30 of The Devolution of Estates Act is amended ^■^;9- ^^^''•
1 -I • <<r> 1 • 1 • « <• . /• c. 106, s. 30,
by strikmg out Subject to subsection 2 of section 6 of TAe amended
Legitimation Act and" in the first and second lines.
3. This Act comes into force on the 1st day of July, 1962. Se^t'"®'^''®'
4. This Act may be cited as The Devolution of Estates ^^°^^ ^^^^^
Amendment Act, 1961-62.
17
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BILL 17
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Devolution of Estates Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 17 1961-62
An Act to amend
The Devolution of Estates Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Section 27 of The Devolution of Estates Act isR.s.o. i960,
amended by striking out "subsection 1 of section 6 of T/te amended '
Legitimation Act'' in the first and second lines and inserting
in lieu thereof "subsections 2 and 3", so that subsection 1
of the said section shall read as follows:
(1) Subject to subsections 2 and 3, an illegitimate child nie|ft*mLy
or relative shall not share under any of the provisions
of this Act.
(2) The said section 27 is further amended by adding R.s.o. i960,
thereto the following subsections: amended '
(2) Where the mother of an illegitimate child dies intestacy of
intestate as respects all or any of her real or personal illegitimate
property and does not leave any legitimate issue °
surviving her, the illegitimate child, or, if he is dead,
his issue, is entitled to take any interest therein to
which he or such issue would have been entitled if
he had been born legitimate.
(3) Where an illegitimate child dies intestate in respect j'j^J^e?^t^y^of
of all or any of his real or personal property, his child
mother, if surviving, is entitled to take any interest
therein to which she would have been entitled if the
child had been born legitimate and she had been the
only surviving parent.
2. Section 30 of The Devolution of Estates Act is amended ^-S^^- i^lg-
by striking out "Subject to subsection 2 of section 6 of TAeainended
Legitimation Act and" in the first and second lines.
3. This Act comes into force on the 1st day of July, 1962. SeSt'^®'^''®"
4. This Act may be cited as The Devolution of Estates ^^^"^^ ^^^^^
Amendment Act, 1961-62.
17
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BILL 18
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Division Courts Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1— Subsection 1. The consolidation order procedures will
only apply where there are more than two unsatisfied judgments instead of
where there are two or more.
Subsection 2. The effect of this amendment is to abolish ex parte
consolidation orders.
Subsection 3. Self-explanatory.
Section 2. Self-explanatory.
18
BILL 18 1961-62
An Act to amend The Division Courts Act
HER 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 156 of The Division CoMr/5 ^s -9 • i960.
A ± • 111 -1 • ii «• • • • . c. HO, s. 156,
Act is amended by strikmg out one division court judgment subs, i,
remains" in the second line and inserting in lieu thereof "two^"^^"^
division court judgments remain", so that the subsection shall
read as follows:
(1) A judgment debtor against whom more than two Application
J. . . ^ . , ° . . ^ , . , , for consoli-
division court judgments remain unsatisfied in whole dation order
or in part may apply to the judge of the court of
the division in which he resides for a consolidation
order.
(2) Subsection 3 of the said section 156 is repealed and the Rso. i960,
following substituted therefor: siibs. 3^'
re-enacted
(3) Upon the application, the judgment debtor shall ^<*®"^
file an affidavit setting forth that the creditors
mentioned in clause a of subsection 2 have been
given, by mail, at least eight days' notice of the
hearing of the application.
{Za) Upon the application, the judge may make a con- Disposition
solidation order or dismiss the application. application
(3) The said section 156 is amended by adding thereto theRS.o. i960,
following subsection: amended
(4a) Where the amounts ordered to be paid under sub- idem
section 4 have been varied because of extenuating
or other special circumstances, such amounts shall
Pnot be less than 10 per cent of the average weekly
income of the judgment debtor.
2.— (1) Section 161 of The Division Courts Act is amended ^fio.'s^.^i^e^i,
by adding thereto the following subsection: amended
18
Notice of
termination
{2a) Where a consolidation order has been terminated
under subsection 2, the clerk of the court shall
notify, by mail, the judgment creditors named in
the order of its termination.
^/lio^s^iei, (2) Subsection 3 of the said section 161 is amended by
amended Striking out "three months" in the third line and inserting
in lieu thereof "one year", so that the subsection shall read
as follows:
stay for
one year
(3) Where a consolidation order has terminated under
subsection 2, no further consolidation order shall be
made in respect of such judgment debtor for a period
of one year from the date of such termination.
3. Subsection 2 of section 163 of The Division Courts Act
R.S.O. I960,
c. no, s. 163, ^
subs. 2. Js amended by striking out "three" in the third line and
'six", so that the subsection shall
amended
inserting in lieu thereof
read as follows:
Distribution
(2) The clerk shall distribute the moneys paid into the
consolidation account on account of the judgments
at least once every six months, and at the time of
distribution shall send to each creditor a distribution
sheet showing the total amount paid and the
distribution thereof.
Short title 4. This Act may be cited as The Division Courts Amendment
Act, 1961-62.
18
Section 3. Self-explanatory.
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BILL 18
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Division Courts Act
Mr. Roberts
{Reprinted as amended by the Committee on Legal Bills)
TORONTO
PDIvrirn i Kir> Ptidt icdi?t\ dv TTdaktit IT/-
Explanatory Notes
Section 1 — Subsection 1. The consolidation order procedures will
only apply where there are more than two unsatisfied judgments instead of
where there are two or more.
Subsection 2. The effect of this amendment is to abolish ex parte
consolidation orders.
Subsection 3. Self-explanatory.
18
BILL 18 1961-62
An Act to amend The Division Courts Act
I T TER MAJESTY, by and witli the advice and consent of
XJL the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Subsection 1 of section 156 of The Division Courts^f^- ^^^^^
Act is amended by striking out "one division court J lodgment ^^^^^J^^
remains" in the second line and inserting in lieu thereof "two
division court judgments remain", so that the subsection shall
read as follows:
(1) A judgment debtor against whom more than twoAppHoaUon
division court judgments remain unsatisfied in whole dation order
or in part may apply to the judge of the court of
the division in which he resides for a consolidation
order.
(2) Subsection 3 of the said section 156 is repealed and theRs.o. i960,
,,,.,.,,. ^ c. 110, s. 156
lollowing substituted therefor: subs. 3,
^^vfc re-enacted
(3) Notice of the time and place of the hearing of the idem
application shall be given by the judgment debtor
to the creditors mentioned in clause a of subsection 2
by registered mail or personal service at least eight
days before the day fixed for the hearing, and, upon
the hearing, the judgment debtor shall file an affidavit
setting forth that such creditors have been given
such notice. ""^PB
{So) Upon the application, the judge may make a con- disposition
solidation order or dismiss the application. application
(3) The said section 156 is amended by adding thereto the Rs.o. i960.
lollOWmg subsection: amended
(4a) Where the amounts ordered to be paid under sub- idem
section 4 have been varied because of extenuating
or other special circumstances, such amounts shall
not be less than 10 per cent of the average weekly
income of the judgment debtor.
18
^'iw's^iei ^' — ^^^ Section 161 of The Division Courts Act is amended
amended by adding thereto the following subsection:
Notice of
termination
(2a) Where a consolidation order has been terminated
under subsection 2, the clerk of the court shall
notify, by mail, the judgment creditors named in
the order of its termination.
^fio,i;^i^6i, (2) Subsection 3 of the said section 161 is amended by
amended striking out "three months" in the third line and inserting
in lieu thereof "one year", so that the subsection shall read
as follows:
stay for
one year
(3) Where a consolidation order has terminated under
subsection 2, no further consolidation order shall be
made in respect of such judgment debtor for a period
of one year from the date of such termination.
^no.'s^.Tes, 3. Subsection 2 of section 163 of The Division Courts Act
amended ^^ amended by striking out "three" in the third line and
inserting in lieu thereof "six", so that the subsection shall
read as follows:
Distribution
(2) The clerk shall distribute the moneys paid into the
consolidation account on account of the judgments
at least once every six months, and at the time of
distribution shall send to each creditor a distribution
sheet showing the total amount paid and the
distribution thereof.
Short title
4. This Act may be cited as The Division Courts Amendment
Act, 1961-62.
18
Section 2. Self-explanatory.
Section 3. Self-explanatory.
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BILL 18
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Division Courts Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1 — Subsection 1. The consolidation order procedures will
only apply where there are more than two unsatisfied judgments instead of
where there are two or more.
Subsection 2. The effect of this amendment is to abolish ex parte
consolidation orders.
Subsection 3. Self-explanatory.
18
BILL 18 1961-62
An Act to amend The Division Courts Act
HER 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 156 of The Division Courts^f^- ^^^^^
Act is amended by striking out "one division court judgment |^|j^^^^
remains" in the second line and inserting in lieu thereof "two
division court judgments remain", so that the subsection shall
read as follows:
(1) A judgment debtor against whom more than two ^PPii^|*Jo°
division court judgments remain unsatisfied in whole dation order
or in part may apply to the judge of the court of
the division in which he resides for a consolidation
order.
(2) Subsection 3 of the said section 156 is repealed and theRs.o. i960,
,,,.,.,,- ^ c. 110, 8. 156,
followmg substituted therefor: subs. 3,
re-enacted
(3) Notice of the time and place of the hearing of the^^o"^
application shall be given by the judgment debtor
to the creditors mentioned in clause a of subsection 2
by registered mail or personal service at least eight
days before the day fixed for the hearing, and, upon
the hearing, the judgment debtor shall file an affidavit
setting forth that such creditors have been given
such notice.
{Za) Upon the application, the judge may make a con- Disposition
solidation order or dismiss the application. application
(3) The said section 156 is amended by adding thereto theRSO. i960.
f ,, . , . J t> (J 110,8. 156,
lOllOWmg subsection: amended
(4a) Where the amounts ordered to be paid under sub- idem
section 4 have been varied because of extenuating
or other special circumstances, such amounts shall
not be less than 10 per cent of the average weekly
income of the judgment debtor.
18
^fio's^iQi 2. — (1) Section 161 of The Division Courts Act is amended
amended 'by adding thereto the following subsection:
termination (2^) Where a consolidation order has been terminated
under subsection 2, the clerk of the court shall
notify, by mail, the judgment creditors named in
the order of its termination.
o.'iio'B.^iii, (2) Subsection 3 of the said section 161 is amended by
amended Striking out "three months" in the third line and inserting
in lieu thereof "one year", so that the subsection shall read
as follows:
one^year (^) Where a consolidation order has terminated under
subsection 2, no further consolidation order shall be
made in respect of such judgment debtor for a period
of one year from the date of such termination.
c.'iio.'s. 163, 3. Subsection 2 of section 163 of The Division Courts Act
amended ^^ amended by striking out "three" in the third line and
inserting in lieu thereof "six", so that the subsection shall
read as follows:
Distribution (2) The clerk shall distribute the moneys paid into the
consolidation account on account of the judgments
at least once every six months, and at the time of
distribution shall send to each creditor a distribution
sheet showing the total amount paid and the
distribution thereof.
ment"^"^^ 4r. This Act comes into force on the day it receives Royal
Assent. "^^H
Short title q^ -pj^jg ^^^ j^^y ^^ j,j|-g^j ^g j-j^^ Division Courts Amendment
Act, 1961-62.
18
Section 2. Self-explanatory.
Section 3. Self-explanatory.
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BILL 18
3kd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Division Courts Act
Mr. Roberts
TORONTO
Printkh ANn PiiRi.tSHKn Rv FuAW 'Fnr.n, Ottitrm'c Pbtmtitd
*
BILL 18
1961-62
An Act to amend The Division Courts Act
HER 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 156 of The Division Courts^-f^-^^^^^
Act is amended by striking out "one division court judgment |^|^j^^^
remains" in the second line and inserting in lieu thereof "two
division court judgments remain", so that the subsection shall
read as follows:
(1) A judgment debtor against whom more than two ^pp^^^^^Jo^
division court judgments remain unsatisfied in whole dation order
or in part may apply to the judge of the court of
the division in which he resides for a consolidation
order.
(2) Subsection 3 of the said section 156 is repealed and theRs.o. i960,
following substituted therefor: siibs. 3,'
re-enacted
(3) Notice of the time and place of the hearing of thei^®'"
application shall be given by the judgment debtor
to the creditors mentioned in clause a of subsection 2
by registered mail or personal service at least eight
days before the day fixed for the hearing, and, upon
the hearing, the judgment debtor shall file an affidavit
setting forth that such creditors have been given
such notice.
i'ia) Upon the application, the judge may make a con- Disposition
solidation order or dismiss the application. application
(3) The said section 156 is amended by adding thereto theRs.o. i960,
lOllOWmg subsection: amended
(4a) Where the amounts ordered to be paid under sub- idem
section 4 have been varied because of extenuating
or other special circumstances, such amounts shall
not be less than 10 per cent of the average weekly
income of the judgment debtor.
R.s.o. 1960, 2. — (1) Section 161 of The Division Courts Act is amended
C. 110, S. 161, , ,. , 1 r 11 • 1
amended by adding thereto the following subsection:
Notice of
termination
(2a) Where a consolidation order has been terminated
under subsection 2, the clerk of the court shall
notify, by mail, the judgment creditors named in
the order of its termination.
^ fio.s^.^i^ei, (2) Subsection 3 of the said section 161 is amended by
amended Striking out "three months" in the third line and inserting
in lieu thereof "one year", so that the subsection shall read
as follows:
one'year (^) Where a consolidation order has terminated under
subsection 2, no further consolidation order shall be
made in respect of such judgment debtor for a period
of one year from the date of such termination.
(^'no,'s;^i^6°3. 3. Subsection 2 of section 163 of The Division Courts Act
amended '^ amended by striking out "three" in the third line and
inserting in lieu thereof "six", so that the subsection shall
read as follows:
Distribution
(2) The clerk shall distribute the moneys paid into the
consolidation account on account of the judgments
at least once every six months, and at the time of
distribution shall send to each creditor a distribution
sheet showing the total amount paid and the
distribution thereof.
menV"^"^^^' ^' ^ his Act conies into force on the day it receives Royal
Assent.
Short title g^ -pj^jg p^^^ ^^y ^^ cited as The Division Courts Amendment
Act, 1961-62.
18
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BILL 19
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Fire Marshals Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg. Queen's Printer
Explanatory Note
The purpose of this Bill is to authorize appropriate steps to be taken
for the efficient functioning of municipal fire departments in the event of
an emergency as defined.
It is similar in principle to legislation passed last session with respect
to police forces (Statutes of Ontario, 1960-61, chapter 77).
BILL 19 1961-62
An Act to amend The Fire Marshals Act
H
"ER 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 Fire Marshals Act is amended by re- R.s.o. i960,
lettering clauses a and h as clauses e and / and by adding amelfded ^'
thereto the following clauses:
(a) "emergency" means,
(i) a real or apprehended war, invasion or in-
surrection proclaimed to exist under the War ^fss* ^^^^'
Measures Act (Canada), or
(ii) a natural emergency declared to exist under
section Za;
(b) "fire department" means a fire department organized
under The Municipal Act and equipped with one or R|0- 1960,
. more motorized fire pumpers;
(c) "Fire Marshal" means the Fire Marshal of Ontario;
(d) "member" means,
(i) a person regularly employed in a fire depart-
ment on a full-time salary basis and assigned
exclusively to fire protection or fire prevention
duties and includes officers and technicians, or
(ii) a person who voluntarily acts as a fire fighter
for a nominal consideration or honorarium, or
(iii) a person who has been appointed as an
auxiliary member of a fire department.
19
2. The Fire Marshals Act is amended by adding thereto
R.S.O. I960,
c. 148,
amended the following section
Declaration
of natural
emergency
Appointment
of auxiliary
Are
fighters
R.S.O. 1960,
0. 249
Duty of
Fire
Marshal
Za. — (1) A minister designated by the Lieutenant
Governor in Council for the purpose may declare a
natural emergency to exist during the time and in
the part of Ontario that he designates.
(2) An authority empowered by The Municipal Act to
appoint members of a fire department may appoint
a number of auxiliary members not exceeding the
number of other members of the fire department.
(3) Where an emergency exists, the Fire Marshal has
general command and control of all fire departments
and the members thereof.
Resignations
R.S.C. 1952.
0. 184
(4) Subject to sections 34 and 35 of the National Defence
Act (Canada), during an emergency no member of a
fire department in the area in which the emergency
exists shall resign without the consent of the Fire
Marshal.
Appoint-
ments, re-
muneration
and m
expenses
(5) The Lieutenant Governor in Council may appoint
such persons as he deems necessary, who shall
function under the direction and control of the Fire
Marshal and shall receive such remuneration and
expenses as are fixed by the Lieutenant Governor in
Council.
Agreements
for addi-
tional Are
services
Short title
(6) The Attorney General may make agreements with
the Crown in right of Canada or in right of any
province or with any state of the United States of
America or any agency of any such province or state
with respect to fire services in any area in which an
emergency exists.
2, This Act may be cited as The Fire Marshals Amendment
Act, 1961-62.
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BILL 19
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Fire Marshals Act
Mr. Roberts
{Reprinted as amended by the Committee of the Whole House)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The purpose of this Bill is to authorize appropriate steps to be taken
for the efficient functioning of municipal fire departments in the event of
an emergency as defined.
It is similar in principle to legislation passed last session with respect
to police forces (Statutes of Ontario, 1960-61, chapter 77).
19
BILL 19 1961-62
An Act to amend The Fire Marshals Act
H
'ER 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 Fire Marshals Act is amended by re- r.s.o. i960,
lettering clauses a and b as clauses e and / and by adding amende^d ^'
thereto the following clauses:
{a) "emergency" means,
(i) a real or apprehended war, invasion or in-
surrection proclaimed to exist under the War^-^-^- ^^^2-
Measures Act (Canada), or
(ii) a natural emergency declared to exist under
section 3a;
(6) "fire department" means a fire department organized
, under The Municipal Act and equipped with one ori^-|-0- 1960,
more motorized fire pumpers;
(c) "Fire Marshal" means the Fire Marshal of Ontario;
{d) "member" means,
(i) a person regularly employed in a fire depart-
ment on a full-time salary basis and assigned
exclusively to fire protection or fire prevention
duties and includes ofBcers and technicians, or
(ii) a person who voluntarily acts as a fire fighter
for a nominal consideration or honorarium, or
(iii) a person who has been appointed as an
auxiliary member of a fire department.
19
^148'^^^^' ^' '^^^ ^^^^ Marshals Act is amended by adding thereto
amended the following section :
Declaration
of natural
emergency
3<2. — (1) A minister designated by the Lieutenant
Governor in Council for the purpose may declare a
natural emergency to exist during the time and in
the part of Ontario that he designates.
Appointment
of auxiliary
Are
fighters
R.S.O. 1960,
c. 249
(2) An authority empowered by The Municipal Act to
appoint members of a fire department may appoint
a number of auxiliary members not exceeding the
number of other members of the fire department.
Duty of
Fire
Marshal
(3) Where an emergency exists, the Fire Marshal has
general command and control of all fire departments
and the members thereof.
Resignations
R.S.C. 1952,
c. 184
(4) Subject to sections 34 and 35 of the National Defence
Act (Canada), during an emergency no member of a
fire department in the area in which the emergency
exists shall resign without the consent of the Fire
Marshal.
Appoint-
ments, re-
muneration
and
expenses
(5) The Lieutenant Governor in Council may appoint
such persons as he deems necessary., who shall
function under the direction and control of the Fire
Marshal and shall receive such remuneration and
expenses as are fixed by the Lieutenant Governor in
Council.
Agreements
for addi-
tional fire
services
(6) The Attorney General may make agreements with
the Crown in right of Canada or in right of any
province or with any state of the United States of
America or any agency of any such province or state
with respect to fire services in any area in which an
emergency exists.
Workmen's
compensa-
tion not
affected
R.S.O. 1960,
0. 437
(7) The reUitionship between a member of a lire depart-
ment and the municipality by which he is employed
continues for the purposes of The Workmen's Com-
pensation Act as if this section had not been passed.
Commence-
ment
3. This Act comes into force on the day it receives Royal
Assent. '^SB
Short title
4. This Act may be cited as The Fire Marshals Amendment
Act, 1961-62.
19
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BILL 19
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Fire Marshals Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 19 1961-62
An Act to amend The Fire Marshals Act
H
'ER 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 Fire Marshals Act is amended by re-R.s.o. i960,
lettering clauses a and h as clauses e and / and by adding amended '
thereto the following clauses:
(a) "emergency" means,
(i) a real or apprehended war, invasion or in-
surrection proclaimed to exist under the War'^-^^-'^^^^'
Measures Act (Canada), or
(ii) a natural emergency declared to exist under
section 3a;
{b) "fire department" means a fire department organized
under The Municipal Act and equipped with one or
more motorized fire pumpers;
(c) "Fire Marshal" means the Fire Marshal of Ontario;
{d) "member" means,
(i) a person regularly employed in a fire depart-
ment on a full-time salary basis and assigned
exclusively to fire protection or fire prevention
duties and includes officers and technicians, or
(ii) a person who voluntarily acts as a fire fighter
for a nominal consideration or honorarium, or
(iii) a person who has been appointed as an
auxiliary member of a fire department.
19
?"i48' ^^^°' ^' ^^^ ^^^^ Marshals Act is amended by adding thereto
amended the following section:
Declaration
of natural
emergency
3a. — (1) A minister designated by the Lieutenant
Governor in Council for the purpose may declare a
natural emergency to exist during the time and in
the part of Ontario that he designates.
Appointment
of auxiliary
fire
fighters
R.S.O. 1960,
c. 249
(2) An authority empowered by The Municipal Act to
appoint members of a fire department may appoint
a number of auxiliary members not exceeding the
number of other members of the fire department.
Duty of
Fire
Marshal
(3) Where an emergency exists, the Fire Marshal has
general command and control of all fire departments
and the members thereof.
Resignations
R.S.C. 1952,
c. 184
(4) Subject to sections 34 and 35 of the National Defence
Act (Canada), during an emergency no member of a
fire department in the area in which the emergency
exists shall resign without the consent of the Fire
Marshal.
Appoint-
ments, re-
muneration
and
expenses
(5) The Lieutenant Governor in Council may appoint
such persons as he deems necessary, who shall
function under the direction and control of the Fire
Marshal and shall receive such remuneration and
expenses as are fixed by the Lieutenant Governor in
Council.
Agreements
for addi-
tional fire
services
Woricmen's
compensa-
tion not
affected
R.S.O. 1960,
c. 437
Commence-
ment
(6) The Attorney General may make agreements with
the Crown in right of Canada or in right of any
province or with any state of the United States of
America or any agency of any such province or state
with respect to fire services in any area in which an
emergency exists.
(7) The relationship between a member of a fire depart-
ment and the municipality by which he is employed
continues for the purposes of The Workmen's Com-
pensation Act as if this section had not been passed.
3. This Act comes into force on the day it receives Royal
Assent.
Short title
4. This Act may be cited as The Fire Marshals Amendment
Act, 1961-62,
19
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BILL 20
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Jurors Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
These amendments increase the maximum number of petit jurors
that may be summoned to serve at a sittings of the Supreme Court.
20
BILL 20 1961-62
An Act to amend The Jurors Act
HER 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 52 of The Jurors Act is amended ^fgg- g^fa,'
by striking out "625" in clause a and inserting in lieu thereof I'^I^J^^
"800", by striking out "270" in clause b and inserting in lieu
thereof "350" and by striking out "180" in clause c and
inserting in lieu thereof "225", so that the subsection shall
read as follows:
(1) Where a judge of the Supreme Court deems it^^°g*^^^g
necessary to have two or more sets of petit jurors 9^ pe^^Jt
iurors
to serve at any sittings of the Supreme Court, he
may direct the sheriff to return such number of petit
jurors as he thinks lit, not exceeding,
(a) in the county of York, 800;
(6) in the county of Wentworth, 350; and
(c) in any other county, 225,
and the judge shall fix and direct the number of sets
and the day for which each set shall be summoned.
2. This Act comes into force on the 1st day of January, Sgnt™^"^^"
1962.
3. This Act may be cited as The Jurors Amendment ^c/, short title
1961-62.
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BILL 20
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Jurors Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 20 1961-62
An Act to amend The Jurors Act
HER 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 52 of The Jurors Act is amended ^fgg- gf fa'
by striking out "625" in clause a and inserting in lieu thereof |^|j^|^^
"800", by striking out "270" in clause b and inserting in lieu
thereof "350" and by striking out "180" in clause c and
inserting in lieu thereof "225", so that the subsection shall
read as follows:
(1) Where a judge of the Supreme Court deems it^wo^or^^
necessary to have two or more sets of petit jurors of petit
to serve at any sittings of the Supreme Court, he
may direct the sheriff to return such number of petit
jurors as he thinks fit, not exceeding,
(fl) in the county of York, 800;
(6) in the county of Wentworth, 350; and
(c) in any other county, 225,
and the judge shall fix and direct the number of sets
and the day for which each set shall be summoned.
2. This Act comes into force on the 1st day of [anuary, SS^l"^®"^®®"
1962. ^*
3. This Act may be cited as The Jurors Amendment -4 c/, Short title
1961-62.
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BILL 21
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
The Legitimacy Act, 1961-62
Mr. Roberts
TORONTO
Printed A>fD Published by Frank Fogg, Queen's Printer
Explanatory Notes
This Model Uniform Act was prepared by and is recommended by the
Conference of Commissioners on Uniformity of Legislation in Canada.
It has been enacted in British Columbia, Alberta and Saskatchewan.
The Act is as simple and easily understandable as is possible for a
subject on which it is advisable to have rules under which results are easily
determined and under which applications to court for determination of
status will be as infrequent as possible.
Section 6 of the present Act is being transferred to The Devolution of
Estates Act (see Bill 17) as being a more appropriate place; the section
deals with devolution of property, not legitimacy.
Section 1. This is the same in principle as sections 1 and 4 of the
present Act which have been law in Ontario since July 1, 1921.
Section 2. This section is new in Ontario. It follows in principle
English legislation of 1950. It provides a rule by which to determine
the status of a child born of a voidale marriage.
Sections 3 and 4. These are extensions of section 5 of the present
Act. They provide rules by which to determine the status of a child
born of a void marriage.
21
BILL 21 1961-62
The Legitimacy Act, 1961-62
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Where before or after the coming into force of subsequent
^ . p marriage
this Act and after the birth of a person his parents have
intermarried or intermarry, he is legitimate from birth for all
purposes of the law of Ontario.
(2) Nothing in subsection 1 affects an interest in property ^'^te^ests
that has vested in a person before the intermarriage of the affected
parents or before the 1st day of July, 1921.
2. Where before or after the coming into force of this Act "^oi^^^bie
1 r 11- I 1 • I • f marriages
a decree oi nullity has been or is granted in respect oi a
voidable marriage, a child who would have been the legitimate
child of the parties to the marriage if it had been dissolved
instead of being annulled continues to be legitimate not-
withstanding the annulment.
3. Where before or after the coming into force of thisY'^^l. „^„
Act a person, special
cases
(a) in respect of whose spouse an order of presumption
of death has been or is made either generally or
inter alia in relation to remarriage; or
(b) whose spouse was a member of the Canadian Forces
in respect of whom ofificial notification that he is
dead or is presumed to be dead has been given under
the laws of Canada,
has entered into or enters into a marriage that would be valid
if the spouse were in fact dead, then, if the person to whom
the order of presumption of death relates or in respect of whom
the official notification was given was alive when the marriage
was entered into, a child of the persons entering into the
marriage is legitimate from birth for all purposes of the law
of Ontario.
21
Void 4, Subiect to section 3, where before or after the coming
marriages, .-,,.. . t • , r
generally into force of this Act a person has been or is born of parents
who entered into a marriage that is void, the person is legiti-
mate from birth for all purposes of the law of Ontario if,
(a) the marriage was registered or recorded in substantial
compliance with the law of the place where it was
entered into; and
(b) either of the parties reasonably believed that the
marriage was valid.
Application 5.. — (1) Sections 2, 3 and 4 apply whether the child of the
persons who entered into the marriage was born before or
after entry into the marriage, but do not apply where the child
was born eleven months after the marriage has been annulled
or declared to be void by a court or other competent authority
under the appropriate governing law.
(2) This Act legitimates a child notwithstanding the death
of the child before the intermarriage of the parents.
6. Nothing in sections 2, 3, 4 or 5 affects an interest in
property that has vested in a person before the coming into
force of this Act or, in the case of a marriage after the birth
of the child, before the intermarriage of the parents.
Application
of Act
Interests
not affected
c.'fio,' ■^^^°' 7. The Legitimation Act is repealed.
repealed
g^ommence- §. jhig Act comes into force on the 1st day of July, 1962.
Short title
9. This Act may be cited as The Legitimacy Act, 1961-62.
21
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BILL 21
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
The Legitimacy Act, 1961-62
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 21 1961-62
The Legitimacy Act, 1961-62
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Where before or after the coming into force of ^"a^ria "e^"*
this Act and after the birth of a person his parents have
intermarried or intermarry, he is legitimate from birth for all
purposes of the law of Ontario.
(2) Nothing in subsection 1 affects an interest in property interests
that has vested in a person before the intermarriage of the affected
parents or before the 1st day of July, 1921.
2. Where before or after the coming into force of this Act Voidable
a decree of nullity has been or is granted in respect of a
voidable marriage, a child who would have been the legitimate
child of the parties to the marriage if it had been dissolved
instead of being annulled continues to be legitimate not-
withstanding the annulment.
3. Where before or after the coming into force of this ^01^5^..^^^^^
Act a person, special
cases
(a) in respect of whose spouse an order of presumption
of death has been or is made either generally or
inter alia in relation to remarriage; or
(6) whose spouse was a member of the Canadian Forces
in respect of whom official notification that he is
dead or is presumed to be dead has been given under
the laws of Canada,
has entered into or enters into a marriage that would be valid
if the spouse were in fact dead, then, if the person to whom
the order of presumption of death relates or in respect of whom
the official notification was given was alive when the marriage
was entered into, a child of the persons entering into the
marriage is legitimate from birth for all purposes of the law
of Ontario.
21
Void
marr
generally
marriages,
Application
of ss. 2-4
Application
of Act
Interests
not affected
R.S.O. 1960,
c. 210.
repealed
Commence-
ment
Short title
4:. Subject to section 3, where before or after the coming
into force of this Act a person has been or is born of parents
who entered into a marriage that is void, the person is legiti-
mate from birth for all purposes of the law of Ontario if,
(a) the marriage was registered or recorded in substantial
compliance with the law of the place where it was
entered into; and
(b) either of the parties reasonably believed that the
marriage was valid.
5. — (1) Sections 2, 3 and 4 apply whether the child of the
persons who entered into the marriage was born before or
after entry into the marriage, but do not apply where the child
was born eleven months after the marriage has been annulled
or declared to be void by a court or other competent authority
under the appropriate governing law.
(2) This Act legitimates a child notwithstanding the death
of the child before the intermarriage of the parents.
6. Nothing in sections 2, 3, 4 or 5 affects an interest in
property that has vested in a person before the coming into
force of this Act or, in the case of a marriage after the birth
of the child, before the intermarriage of the parents.
7. The Legitimation Act is repealed.
8. This Act comes into force on the 1st day of July, 1962.
9. This Act may be cited as The Legitimacy Act, 1961-62.
21
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BILL 22
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Master and Servant Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The purpose of this Bill is to strengthen the Act by providing a more
eflfective means of preventing employers from leaving an area without
first paying off their workmen. This arrest procedure (in addition to the
present summons procedure) is required particularly in areas in which
itinerant labour is used at harvest time on a subcontract basis.
22
BILL 22 1961-62
An Act to amend
The Master and Servant Act
HER 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 Master and Servant Act is amended by^lg^-^^^o,
adding thereto the following subsection: amended
(la) Where the justice of the peace before whom a com-Warr^ant
plaint is laid under this section is satisfied that the
master or employer is about to quit the territorial
jurisdiction of the justice of the peace, the justice
of the peace may issue a warrant (Form 1) for the
arrest of the master or employer.
2, The Master and Servant Act is amended by adding thereto ^fg^- ^^®°'
the following form: amended
FORM 1
The Master and Servant Act
{Section 4 {la) )
Warrant to Arrest
1 ^
To the Peace Officers in the said
Whereas a complaint has been made against
of under The Master and Servant Act; and
whereas I am satisfied that the said is about to
quit my territorial jurisdiction ;
This is therefore to command you, in Her Majesty's name, forthwith
to arrest the said and bring him before
to be dealt with according to law.
Dated at this day of , 19
Province of Ontario
of
Justice of the Peace
22
Short title 3. xhis Act may be cited as The Master and Servant
Amendment Act, 1961-62.
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BILL 22
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Master and Servant Act
Mr, Roberts
{Reprinted as amended by the Committee of the Whole House)
TORONTO
Pkinted and Published by Frank Fogg, Queen's Printer
Explanatory Note
The purpose of this Bill is to strengthen the Act by providing a more
effective means of preventing employers from leaving an area without
first paying off their workmen. This arrest procedure (in addition to the
present summons procedure) is required particularly in areas in which
itinerant labour is used at harvest time on a subcontract basis.
22
BILL 22 1961-62
An Act to amend
The Master and Servant Act
HER 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 Master and Servant Act is amended by ^-fg^- 1*|°'
adding thereto the following subsection : amended
(la) Where the justice of the peace before whom a com-^^rrest
plaint is laid under this section is satisfied that the
master or employer is about to quit the territorial
jurisdiction of the justice of the peace, the justice
of the peace may issue a warrant (Form 1) for the
arrest of the master or employer.
2. The Master and Servant Act is amended by adding thereto ^fao" ^^i^'
the following form : amended
FORM 1
The Master and Servant Act
{Section 4 {la))
Warrant to Arrest
\
To the Peace Officers in the said
Whereas a complaint has been made against
of under The Master and Servant Act; and
whereas I am satisfied that the said is about to
quit my territorial jurisdiction;
This is therefore to command you, in Her Majesty's name, forthwith
to arrest the said and bring him before
to be dealt with according to law.
Dated at , this day of , 19
Province of Ontario
of
Justice of the Peace
22
ment 3. This Act comes into force on the day it receives Royal
Assent. ^^%
Short title 4.^ -pj^jg ^q^ n^^y ^e cited as The Master and Servant
Amendment Act, 1961-62.
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BILL 22
3rd Session,
10-11
26th Legislature, Ontario
Elizabeth II, 1961-62
)
An Act to amend The Master and Servant Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 22 1961-62
An Act to amend
The Master and Servant Act
HER 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 Master and Servant Act is amended by ^-^-O- ^^fo,
adding thereto the following subsection: amended
(la) Where the justice of the peace before whom a com-W^r^t
plaint is laid under this section is satisfied that the
master or employer is about to quit the territorial
jurisdiction of the justice of the peace, the justice
of the peace may issue a warrant (Form 1) for the
arrest of the master or employer.
2. The Master and Servant Act is amended by adding thereto ^•|39* ^^^^
the following form: amended
FORM 1
The Master and Servant Act
{Section 4 (la))
Warrant to Arrest
\
To the Peace Officers in the said
Whereas a complaint has been made against
of under The Master and Servant Act; and
whereas I am satisfied that the said is about to
quit my territorial jurisdiction;
This is therefore to command you, in Her Majesty's name, forthwith
to arrest the said and bring him before
to be dealt with according to law.
Dated at , this day of ,19
Province of Ontario
of
Justice of the Peace
22
Commence- 3, This Act comes into force on the day it receives Royal
Assent.
Short title 4. This Act may be cited as The Master and Servant
Amendment Act, 1961-62.
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BILL 23
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Mechanics' Lien Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The amendment is to expedite the payment of money out of court
and the surrender of bonds where such money has been paid into or bonds
deposited in court under subsection 4 of section 25.
23
BILL 23 1961-62
An Act to amend The Mechanics' Lien Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 25 of The Mechanics Lien Act is amended by Rs.o. i960,
c. 233 8. 25
adding thereto the following subsection: amended
(8) Where money has been paid into court or a bond ^onT^'out^
deposited in court pursuant to an order under sub- of court
section 4, a judge having jurisdiction or, in the
County of York, the master may, upon the consent
of all parties and lien claimants affected, order the
money paid out to the persons entitled thereto or
the delivery up of the bond for cancellation, as the
case may be.
2. This Act comes into force on the day it receives Royal ment"^"''^
Assent.
3. This Act may be cited as The Mechanics' Lien Amend- ^^^^^ title
ment Act, 1961-62.
23
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BILL 23
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Mechanics* Lien Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 23 1961-62
An Act to amend The Mechanics' Lien Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 25 of The Mechanics' Lien Act is amended byR.s.o. i960,
adding thereto the following subsection: amended ^^"
(8) Where money has been paid into court or a bond Payment of
deposited in court pursuant to an order under sub- of court
section 4, a judge having jurisdiction or, in the
County of York, the master may, upon the consent
of all parties and lien claimants affected, order the
money paid out to the persons entitled thereto or
the delivery up of the bond for cancellation, as the
case may be.
2. This Act comes into force on the day it receives Royal commence-
. , •' ment
Assent.
3. This Act may be cited as The Mechanics' Lien Amend-short title
ment Act, 1961-62.
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BILL 24
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
1
n Act to amend The Police Act
i
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
This Bill abolishes the office of Commissioner of Police for Ontario
and divides the powers and duties of that office between a new body to be
known as the Ontario Police Commission and a new officer to be known
as the Commissioner of the Ontario Provincial Police Force.
24
BILL 24 1961-62
An Act to amend The Police Act
HER 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 Police Act is repealed and^|g^- i^^o,
the following substituted therefor: ci- <^. \ '
'^ re-enacted
(c) "Commissioner" means the Commissioner of the
Ontario Provincial Police Force.
2. Sections 4 and 5 of The Police Act are repealed and theRs.o. i960,
following substituted therefor: ss. 4, 5,
re-enacted
4. Where the Ontario Police Commission finds that a Failure to
.... ... • r. 1 • provide
municipality mentioned in section 2 does not main- police
tain a police force and is not provided with police
services pursuant to an agreement under section 52
or 53, the Commission may take such action as it
deems necessary to secure the proper policing of the
. municipality by the Ontario Provincial Police P'orce,
and the cost thereof shall be charged to the muni-
cipality and may be deducted from any grant pay-
able out of provincial funds to the municipality or
may be recovered with costs by action in any court
of competent jurisdiction as a debt due to Her
Majesty.
5. — (1) Where the Ontario Police Commission finds ^ifa^'ce with
that a municipality mentioned in section 2, or any ''^suiationa
other municipality that maintains its own police
force, is not, in the maintenance of such police force,
complying with this Act and the regulations, it may
communicate with the clerk of the municipality
indicating that the provisions of this Act or the
regulations are not being complied with and request-
ing the council of the municipality to take such
steps as are necessary to comply therewith.
24
CommissTon (2) Where the council neglects to comply with a request
made under subsection 1, the Ontario Police Com-
mission may take such action as it deems necessary
to secure the proper policing of the municipality
by the Ontario Provincial Police Force, and the cost
thereof shall be charged to the municipality and may
be deducted from any grant payable out of provin-
cial funds to the municipality or may be recovered
with costs by action in any court of competent
jurisdiction as a debt due to Her Majesty.
?fQ?'Pf2' 3. Subsection 3 of section 37 of The Police Act is amended
subs. 3, by strikmg out the Commissioner provides" in the first line
amended ji_ • • r n • »i-i r- i- n
and by insertmg after services m the first Ime are pro-
vided", so that the subsection shall read as follows:
Municipali-
ties
policed by
agreement
(3) Where police services are provided in a municipality
mentioned in section 2 pursuant to an agreement
under section 53, the municipality shall for the
purposes of this Part be deemed to have a police
force.
R.S.O. I960,
c. 298,
amended
4. The Police Act is amended by adding thereto the follow-
ing Part:
PART III-A
ONTARIO POLICE COMMISSION
Ontario
Police
Commission
Chairman
39a. — (1) There shall be an Ontario Police Commission
composed of three persons who shall be appointed
by the Lieutenant Governor in Council.
(2) The Lieutenant Governor in Council may designate
one of the members of the Commission to be chair-
man.
Vacancies (3) When a vacancy occurs on the Commission from
any cause, the vacanqy may be filled by the Lieu-
tenant Governor in Council.
Quorum
Meetings
(4) Two members of the Commission constitute a
quorum whether or not a vacancy exists in the
membership of the Commission.
(5) The Commission shall in each year hold such meet-
ings as it deems appropriate and the meetings shall
be open to the public unless otherwise directed by the
Commission.
24
(6) It is the function of the Commission to exercise the Function
powers and perform the duties conferred or imposed
upon it by this Act.
(7) The Commission shall, after the close of each calen- Annual
dar year, file with the Attorney General an annual
report upon the affairs of the Commission, and the
Attorney General 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.
5. Section 40 of The Police Act is repealed and the following r.s.o. i960,
substituted therefor: re-enacted '
40. — (1) There shall be a Commissioner of the Ontario Commis-
Provincial Police Force who shall b
the Lieutenant Governor in Council.
Provincial Police Force who shall be appointed by
I
(2) Subject to the direction of the Ontario Police Com- J°tTIJ' ^""^
mission, the Commissioner has the general control
and administration of the Ontario Provincial Police
F'orce and the employees connected therewith.
(3) The Commission, the Commissioner or a deputy i.^^estiga-
commissioner may hold an inquiry into the conduct
of any member of the Ontario Provincial Police
Force or of any employee connected therewith and
upon such inquiry it or he has and may exercise all
the powers and authority that may be conferred upon
a person appointed under The Public Inquiries Act. ^'q^' ■^®^°'
6.--^(l) Subsection 1 of section 48 of The Police Act is R.s.o. i960,
amended by striking out "The Attorney General may require subs, i, '
the Commissioner or any other person to" in the first and^"^®"^®^
second lines and inserting in lieu thereof "The Ontario Police
Commission or any member thereof designated by the chair-
man may", so that the subsection, exclusive of the clauses,
shall read as follows:
(1) The Ontario Police Commission or any member investiga-
thereof designated by the chairman may investigate,
inquire into and report to the Attorney General
upon the conduct of or the performance of duties by
any chief constable, other police officer, constable,
special constable or by-law enforcement officer, the
administration of any police force, the system of
policing any municipality, and the police needs of
any municipality.
24
^■fgs's^ls' (^^ ^^^^ ®^'^ section 48 is amended by adding thereto the
amended following subsection:
Idem
(la) The Ontario Police Commission may investigate,
inquire into and report to the Attorney General upon
any matter relating to the maintenance of law and
order in Ontario.
R.S.O. I960,
o. 298, s. 48,
subs. 2,
amended
(3) Subsection 2 of the said section 48 is amended by
striking out "The person directed to hold such investigation
has" in the first line and inserting in lieu thereof "The Com-
mission or person holding an investigation under this section
has and may exercise", so that the subsection shall read as
follows:
Powers on
investiga-
tion
R.S.O, 1960,
c. 323
(2) The Commission or person holding an investigation
under this section has and may exercise all the powers
and authority that may be conferred upon a person
appointed under The Public Inquiries Act.
7. Subsection 1 of section 50 of The Police Act is amended
R.S.O. I960,
c. 298, s. 50,
subs. 1, \)y inserting after "may" in the sixth line "with the approval
of the Ontario Police Commission", so that the subsection
shall read as follows:
amended
Municipality
may
request
assistance
of provincial
police
(1) A board or council responsible for the policing of a
municipality or part thereof may by resolution
request the Commissioner to furnish the assistance
of the Ontario Provincial Police Force in maintain-
ing law and order or investigating any offence in
the municipality and the Commissioner may with
the approval of the Ontario Police Commission
provide such assistance as he deems necessary.
^■fiS.s.^is: 8.— (1) Subsection 1 of section 53 of The Police Act is
subs. 1, amended by striking out "Commissioner" in the second line
amended . ...
and inserting in lieu thereof "Commission".
c^'298,' s.^is! (2) Subsection 3 of the said section 53 is amended by
subs. 3, striking out "Commissioner" in the fourth line and inserting
amended , , ^ _ , °
in lieu thereof "Commission".
^'298.' s.^53; i-^) Subsection 6 of the said section 53 is amended by
amended Striking out "Commissioner" in the fifth line and inserting in
lieu thereof "Commission".
R.S.O. I960,
c. 298, s. 54,
amended
9. Section 54 of The Police Act is amended by striking out
"Commissioner" in the first and fifth lines respectively and
inserting in lieu thereof "Commission".
24
10. Subsections 2 and 3 of section 58 of The Police Actf-^^-l^fi'
are repealed and the following substituted therefor: subss. 2, 3,
^ ° re-enacted
(2) Where an appointment is made under subsection l,^p°point-^
written notice of the appointment and the circum- "^®'^*
stances that render it expedient shall be forthwith
transmitted to the Ontario Police Commission.
(3) The authority who has appointed a special constable, fr'terrnTna-
or the Ontario Police Commission, may suspend orgg^vi^es
terminate the services of such constable, and written
notice of the suspension or termination shall, if made
by the Commissioner, a judge or magistrate, be
forthwith transmitted to the Commission.
11. This Act comes into force on a day to be named by^g^^.™®""®'
the Lieutenant Governor by his proclamation.
12. This Act may be cited as The Police Amendment Act,^^*^^^ ^^^^^
1961-62.
24
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BILL 24
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Police Act
Mr. Roberts
{Reprinted as amended by the Committee of the Whole House)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
This Bill abolishes the office of Commissioner of Police for Ontario
and divides the powers and duties of that office between a new body to be
known as the Ontario Police Commission and a new officer to be known
as the Commissioner of the Ontario Provincial Police Force.
24
BILL 24
1961-62
An Act to amend The Police Act
HER 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 Police Act is repealed and ^fgg • g^^*^'
the followinsr substituted therefor: f'i- '^^ \ ^
^ re-enacted
(c) "Commissioner" means the Commissioner of the
Ontario Provincial Police Force.
2. Sections 4 and 5 of The Police Act are repealed and theR-s.o. i960.
c 29S
following substituted therefor: ss. 4, 5.
re-enacted
4. Where the Ontario Police Commission finds that a failure to
. . ,. ... • r, , • provide
municipality mentioned in section 2 does not main- police
tain a police force and is not provided with police
services pursuant to an agreement under section 52
or 53, the Commission may take such action as it
deems necessary to secure the proper policing of the
municipality by the Ontario Provincial Police Force,
and the cost thereof shall be charged to the muni-
cipality and may be deducted from an^^ grant pay-
able out of provincial funds to the municipality or
may be recovered with costs by action in any court
of competent jurisdiction as a debt due to Her
Majesty.
5. — (1) Where the Ontario Police Commission finds ^fa^nce with
that a municipality mentioned in section 2, or any ''®^"^^*'*^'^
other municipality that maintains its own police
force, is not, in the maintenance of such police force,
complying with this Act and the regulations, it may
communicate with the clerk of the municipality
indicating that the provisions of this Act or the
regulations are not being complied with and request-
ing the council of the municipality to take such
steps as are necessary to comply therewith.
24
Action by
Commission
(2) Where the council neglects to comply with a request
made under subsection 1, the Ontario Police Com-
mission may take such action as it deems necessary
to secure the proper policing of the municipality
by the Ontario Provincial Police Force, and the cost
thereof shall be charged to the municipality and may
be deducted from any grant payable out of provin-
cial funds to the municipality or may be recovered
with costs by action in any court of competent
jurisdiction as a debt due to Her Majesty.
R.S.O. I960,
c. 298, B. 37,
subs. 3,
amended
3. Subsection 3 of section 37 of The Police Act is amended
by striking out "the Commissioner provides" in the first line
and by inserting after "services" in the first line "are pro-
vided", so that the subsection shall read as follows:
Municipali-
ties
policed by
agreement
(3) Where police services are provided in a municipality
mentioned in section 2 pursuant to an agreement
under section 53, the municipality shall for the
purposes of this Part be deemed to have a police
force.
c!"298,' ^^^^' **• ^^^ Police Act is amended by adding thereto the follow-
amended J^g Part:
PART I II -A
ONTARIO POLICE COMMISSION
Ontario
Police
Commission
Chairman
39a. — (1) There shall be an Ontario Police Commission
composed of three persons who shall be appointed
by the Lieutenant Governor in Council.
(2) The Lieutenant Governor in Council may designate
one of the members of the Commission to be chair-
man.
Vacancies (3) When a vacancy occurs on the Commission from
any cause, the vacancy may be filled by the Lieu-
tenant Governor in Council.
Quorum
Meetings
(4) Two members of the Commission constitute a
quorum whether or not a vacancy exists in the
membership of the Commission.
(5) The Commission shall in each year hold such meet-
ings as it deems appropriate and the meetings shall
be open to the public unless otherwise directed by the
Commission.
24
(6) It is the function of the Commission to exercise the Function
powers and perform the duties conferred or imposed
upon it by this Act.
(7) The Commission shall, after the close of each calen- Annual
dar year, file with the Attorney General an annual
report upon the affairs of the Commission, and the
Attorney General 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.
(8) The moneys required for the purposes of the Com- Expenses,
mission shall be paid out of the Consolidated Revenue
Fund until the 31st day of March, 1962, and there-
after shall be paid out of the moneys appropriated
by the Legislature for the purpose.
5. Section 40 of The Police Act is repealed and the following RS.o. i960.
substituted therefor: re-enacted
40. — (1) There shall be a Commissioner of the Ontario Commis-
Provincial Police Force who shall be appointed by
the Lieutenant Governor in Council.
(2) Subject to the direction of the Ontario Police Com- Powers and
mission, the Commissioner has the general control
and administration of the Ontario Provincial Police
Force and the employees connected therewith.
(3) The Commission, the Commissioner or a deputy i.nvestiga-
commissioner may hold an inquiry into the conduct
of any member of the Ontario Provincial Police
Force or of any employee connected therewith and
upon such inquiry it or he has and may exercise all
the powers and authority that may be conferred upon
^^^ a person appointed under The Public Inquiries Act. ^-323 ' ^^^^'
6. The Police Act is amended by adding thereto the following R.s.o. i960,
section : ain^e^nded
45^. The relationship between a member of a police force Workmen's
11111 1 1. . r , compensa-
and the body that employs hmi contmues for thetionnot
purposes of The Workmen's Compensation Act as if r.s!o^. i960,
this Part had not been passed. ""^8 ^' '*^^
7. — (1) Subsection 1 of section 48 of The Police Act is R.s.o. i960,
amended by striking out "The Attorney General may require subs. ^i.^' ^^'
the Commissioner or any other person to" in the first and ^'^®"'*®^
second lines and inserting in lieu thereof "The Ontario Police
24
Commission or any member thereof designated by the chair-
man may", so that the subsection, exclusive of the clauses,
shall read as follows:
Investiga-
tions
(1) The Ontario Police Commission or any member
thereof designated by the chairman may investigate,
inquire into and report to the Attorney General
upon the conduct of or the performance of duties by
any chief constable, other police officer, constable,
special constable or by-law enforcement officer, the
administration of any police force, the system of
policing any municipality, and the police needs of
any municipality.
^■fg^'s^ls' (^) ^^^ ®^^^ section 48 is amended by adding thereto the
amended following subsection:
Idem
(la) The Ontario Police Commission may investigate,
inquire into and report to the Attorney General upon
any matter relating to the maintenance of law and
order in Ontario.
R.S.O. I960,
c. 298, s. 48,
subs. 2,
amended
(3) Subsection 2 of the said section 48 is amended by
striking out "The person directed to hold such investigation
has" in the first line and inserting in lieu thereof "The Com-
mission or person holding an investigation under this section
has and may exercise", so that the subsection shall read as
follows:
Powers on
investiga-
tion
R.S.O. 1960,
c. 323
(2) The Commission or person holding an investigation
under this section has and may exercise all the powers
and authority that may be conferred upon a person
appointed under The Public Inquiries Act.
c^"298,' s.^5o' ^* Subsection 1 of section 50 of The Police Act is amended
amended ' ^^ inserting after "may" in the sixth line "with the approval
of the Ontario Police Commission", so that the subsection
shall read as follows:
Municipality
may-
request
assistance
of provincial
police
(1) A board or council responsible for the policing of a
municipality or part thereof may by resolution
request the Commissioner to furnish the assistance
of the Ontario Provincial Police Force in maintain-
ing law and order or investigating any oflfence in
the municipality and the Commissioner may with
the approval of the Ontario Police Commission
provide such assistance as he deems necessary.
24
9.— (1) Subsection 1 of section 53 of The Police Act is^fg^- 19|0-
amended by striking out "Commissioner" in the second linesubs. i,
,. .. ,., c iir^ • ■ )» amended
and insertmg m lieu thereor Commission .
(2) Subsection 3 of the said section 53 is amended by^|gO- 19|0-
striking out "Commissioner" in the fourth line and inserting subs. 3,
,. , r itr^ ■ ■ >» amended
in lieu thereof Commission .
(3) Subsection 6 of the said section 53 is amended by^|-0- 19|0'
striking out "Commissioner" in the fifth line and inserting in subs. 6,
,. . f ii^. .. . ,, ° amended
lieu thereof Commission .
10. Section 54 of The Police Act is amended by striking out r.s.o. i960,
"Commissioner" in the first and fifth lines respectively and amende^d
inserting in lieu thereof "Commission".
11. Subsections 2 and 3 of section 58 of The Police Actn.s.o. i960,
are repealed and the following substituted therefor: subss.'2,'3,
re-enacted
(2) Where an appointment is made under subsection 1, Notice of
■ * r 1 • 11' appoint-
written notice of the appointment and the circum-ment
stances that render it expedient shall be forthwith
transmitted to the Ontario Police Commission.
(3) The authority who has appointed a special constable, q" t^rmin*a-
or the Ontario Police Commission, may suspend ortion of
, . p , , , 1 • services
terminate the services or such constable, and written
notice of the suspension or termination shall, if made
by the Commissioner, a judge or magistrate, be
forthwith transmitted to the Commission.
12. This Act comes into force on the day it receives Royal Commenee-
A ^ . ment
Assent.
13. This Act may be cited as The Police Amendment ylc/, Short title
1961-62.
24
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BILL 24
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Police Act
Mr. Roberts
4=
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 24
1961-62
An Act to amend The Police Act
HER 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 Police Act is repealed and^fgg-g^^'''
the following substituted therefor: ci. ^
'' re-enaoted
(c) "Commissioner" means the Commissioner of the
Ontario Provincial Police Force.
2. Sections 4 and 5 of The Police Act are repealed and the R-S.o. i960.
c. 298
following substituted therefor: m. 4. 5,
re-enacted
4. Where the Ontario Police Commission finds that a^*^i"';«*o
. . ,. ... ■ n ^ • provide
municipality mentioned in section 2 does not main- police
tain a police force and is not provided with police
services pursuant to an agreement under section 52
or 53, the Commission may take such action as it
deems necessary to secure the proper policing of the
municipality by the Ontario Provincial Police Force,
and the cost thereof shall be charged to the muni-
cipality and may be deducted from any grant pay-
able out of provincial funds to the municipality or
may be recovered with costs by action in any court
of competent jurisdiction as a debt due to Her
Majesty.
finds ,^°"-''°'"-
plianoe with
— (1) Where the Ontario Police Commission
that a municipality mentioned in section 2, or any '■®s"'**^°'^*
other municipality that maintains its own police
force, is not, in the maintenance of such police force,
complying with this Act and the regulations, it may
communicate with the clerk of the municipality
indicating that the provisions of this Act or the
regulations are not being complied with and request-
ing the council of the municipality to take such
steps as are necessary to comply therewith.
24
Action by
Commission
(2) Where the council neglects to comply with a request
made under subsection 1, the Ontario Police Com-
mission may take such action as it deems necessary
to secure the proper policing of the municipality
by the Ontario Provincial Police Force, and the cost
thereof shall be charged to the municipality and may
be deducted from any grant payable out of provin-
cial funds to the municipality or may be recovered
with costs by action in any court of competent
jurisdiction as a debt due to Her Majesty.
R.S.O. I960,
0. 298, 8. 37,
subs. 3,
amended
3. Subsection 3 of section 37 of The Police Act is amended
by striking out "the Commissioner provides" in the first line
and by inserting after "services" in the first line "are pro-
vided", so that the subsection shall read as follows:
Municipali-
ties
policed by
agreement
(3) Where police services are provided in a municipality'
mentioned in section 2 pursuant to an agreement |
under section 53, the municipality shall for the^
purposes of this Part be deemed to have a police,
force.
R.S.O. I960,
0. 298,
amended i„g Part
4. The Police Act is amended by adding thereto the follow- j
PART III-x\
ONTARIO POLICE COMMISSION
Ontario
Police
Commission
39a. — (1) There shall be an Ontario Police Commission!
composed of three persons who shall be appointed'
by the Lieutenant Governor in Council.
Chairman
(2) The Lieutenant Governor in Council may designate]
one of the members of the Commission to be chair-
man.
Vacancies (3) When a vacancy occurs on the Commission froml
any cause, the vacancy may be filled by the Lieu-i
tenant Governor in Council.
Quorum
(4) Two members of the Commission constitute
quorum whether or not a vacancy exists in the:
membership of the Commission.
Meetings
(5) The Commission shall in each year hold such meet-
ings as it deems appropriate and the meetings shaU|
be open to the public unless otherwise directed by the
Commission.
24
(6) It is the function of the Commission to exercise the Function
powers and perform the duties conferred or imposed
upon it by this Act.
(7) The Commission shall, after the close of each calen- Annual
dar year, file with the Attorney General an annual
report upon the affairs of the Commission, and the
Attorney General 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.
(8) The moneys required for the purposes of the Com- Expenses,
mission shall be paid out of the Consolidated Revenue
Fund until the 31st day of Alarch, 1962, and there-
after shall be paid out of the moneys appropriated
by the Legislature for the purpose.
5. Section 40 of The Police Act is repealed and the following RS.o. i960,
substituted therefor: re-enacted
40. — (1) There shall be a Commissioner of the Ontario ^°'^'^'^-
Provincial Police Force who shall be appointed by
the Lieutenant Governor in Council.
(2) Subject to the direction of the Ontario Police Com- Powers and
mission, the Commissioner has the general control
and administration of the Ontario Provincial Police
Force and the employees connected therewith.
(3) The Commission, the Commissioner or a deputy i.nvestiga-
commissioner may hold an inquiry into the conduct
of any member of the Ontario Provincial Police
F^orce or of any employee connected therewith and
upon such inquiry it or he has and may exercise all
the powers and authority that may be conferred upon
a person appointed under The Public Inquiries Act. ^fgs' ^^^°'
6. The Police Act is amended by adding thereto the following R.s.o. i960.
section : amended
45g. The relationship between a member of a police force workmen's
jii_ii 1 1- •<• . compensa-
and the body that employs him continues for thetionnot
purposes of The Workmen's Compensation Act as if r.s!o^. loeo,
this Part had not been passed. c. 437
7. — (1) Subsection 1 of section 48 of The Police Act is R.s.o. i960,
amended by striking out "The Attorney General may require eubl.^i.^' *^'
the Commissioner or any other person to" in the first and ^'^®'^^®'^
second lines and inserting in lieu thereof "The Ontario Police
24
Commission or any member thereof designated by the chair-
man may", so that the subsection, exclusive of the clauses,
shall read as follows:
Investiga-
tions
(1) The Ontario Police Commission or any member
thereof designated by the chairman may investigate,
inquire into and report to the Attorney General
upon the conduct of or the performance of duties by
any chief constable, other police officer, constable,
special constable or by-law enforcement officer, the
administration of any police force, the system of
policing any municipality, and the police needs of
any municipality.
c^'fgs's^fs' (2) riie said section 48 is amended by adding thereto the
amended following subsection:
Idem
(la) The Ontario Police Commission may investigate,
inquire into and report to the Attorney General upon
any matter relating to the maintenance of law and
order in Ontario.
R.S.O. I960,
c. 298, 8. 48,
subs. 2,
amended
(3) Subsection 2 of the said section 48 is amended by
striking out "The person directed to hold such investigation
has" in the first line and inserting in lieu thereof "The Com-
mission or person holding an investigation under this section
has and may exercise", so that the subsection shall read as
follows:
Powers on
investiga-
tion
R.S.O. 1960,
c. 323
(2) The Commission or person holding an investigation
under this section has and may exercise all the powers
and authority that may be conferred upon a person
appointed under The Public Inquiries Act.
Sfg?,' B.^io; 8* Subsection 1 of section 50 of The Police Act is amended
subs, i, by inserting after "may" in the sixth line "with the approval
of the Ontario Police Commission", so that the subsection
shall read as follows:
amended
Municipality
may
request
assistance
of provincial
police
(1) A board or council responsible for the policing of a
municipality or part thereof may by resolution
request the Commissioner to furnish the assistance
of the Ontario Provincial Police Force in maintain-
ing law and order or investigating any offence in
the municipality and the Commissioner may with
the approval of the Ontario Police Commission
provide such assistance as he deems necessary.
24
9. — (1) Subsection 1 of section 53 of The Police Act is^-fgg-^^l^-
amended by striking out "Commissioner" in the second linesubsi.
,. .. ,., r nr^ ' • )» amended
and msertmg m lieu thereof Commission .
(2) Subsection 3 of the said section 53 is amended by^-lg*^- i^^o-
striking out "Commissioner" in the fourth line and inserting subs. 3,
• I- ^u c ar- • • " => amended
in lieu thereof Commission .
(3) Subsection 6 of the said section 53 is amended by ^^-O- 1960,
. . . . . , . . . . C. 298, S. 53,
striking out "Commissioner" in the fifth line and inserting in subs. 6,
,.^,r,,^ ..,, ° amended
lieu thereof Commission .
10. Section 54 of The Police Act is amended by striking outR.s.o. i960,
"Commissioner" in the first and fifth lines respectively and amended '
inserting in lieu thereof "Commission".
11. Subsections 2 and 3 of section 58 of The Police ^c/Rs.o. i960,
are repealed and the following substituted therefor: subs8.'2,'3. '
re-enacted
(2) Where an appointment is made under subsection 1 Notice of
^ ' . y^ f , . , 1 . 'appoint-
written notice of the appointment and the circum-ment
stances that render it expedient shall be forthwith
transmitted to the Ontario Police Commission.
(3) The authority who has appointed a special constable, f^ termUia-
or the Ontario Police Commission, may suspend ortion of
, . f , , , , . services
terminate the services of such constable, and written
notice of the suspension or termination shall, if made
by the Commissioner, a judge or magistrate, be
forthwith transmitted to the Commission.
12. This Act comes into force on the day it receives Royal Commence-
. ■' ■' ment
Assent.
13. This Act may be cited as The Police Amendment ylc/, Short title
1961-62.
24
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BILL 25
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend
lie Reciprocal Enforcement of Maintenance Orders Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
These amendments will remove the difficulty that now exists in some
cases as to what is and what is not a court of "superior jurisdiction" and
will enable the appropriate court in Ontario to be chosen in each case, thus
facilitating the processing in Ontario of maintenance orders made by
courts in jurisdictions with which Ontario has reciprocal arrangements.
25
BILL 25
1961-62
An Act to amend
The Reciprocal Enforcement of Maintenance
Orders Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 2 of section 2 of The Reciprocal Enforcement R.s.o.idGO.
of Maintenance Orders Act is amended by striking out "if the subs. 2, '
court in the reciprocating state by which the order was made ^"^^^ ®
was a court of superior jurisdiction, be the Supreme Court
and, if that court was not a court of superior jurisdiction" in
the second, third, fourth and fifth lines, so that the subsection
shall read as follows:
(2) The court in Ontario in which an order is to beg^^^M^i^Q
registered shall be such court in Ontario as is deter- be deter-
• 1 1 1 A ^ t mined by
mmed by the Attorney General. Attorney
General
2. Subsection 1 of section 5 of The Reciprocal Enforcement r.s.o. i960
of Maintenance Orders Act is amended by striking out "thesiibs. if' '
Supreme Court if the court in the reciprocating state by which ^'^e^'ifid
the order was made was a court of superior jurisdiction or
to such court as is determined by the Attorney General, if
the court in the reciprocating state by which the order was
made was not a court of superior jurisdiction" in the sixteenth
to twentieth lines and inserting in lieu thereof "such court
in Ontario as is determined by the Attorney General", so
that the subsection shall read as follows:
(1) Where,
(a) a maintenance order has been made by a
court in a reciprocating state and the order
is provisional only and has no effect until
confirmed by a court in Ontario; and
(b) a certified copy of the order, together with
the depositions of witnesses and a statement
Confirmation
of orders
made out-
side Ontario
25
of the grounds on which the order might have
been opposed if the person against whom the
order was made had been a party to the pro-
ceedings, is received by the Attorney General;
and
(c) it appears to the Attorney General that the
person against whom the order was made is
resident in Ontario,
the Attorney General may send the documents to
the proper officer of such court in Ontario as is
determined by the Attorney General, and upon
receipt of the documents the court shall issue a
summons calling upon the person against whom the
order was made to show cause why the order should
not be confirmed, and cause it to be served upon such
person.
ment"^^^*'^" 3. This Act comes into force on the day it receives Royal
Assent.
Short title ^^ 'pj^jg j^^^ j^^y ^^ cited as The Reciprocal Enforcement of
Maintenance Orders Amendment Act, 1961-62.
25
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BILL 25
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend
The Reciprocal Enforcement of Maintenance Orders Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 25 1961-62
An Act to amend
The Reciprocal Enforcement of Maintenance
Orders Act
HER Mi\JESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 2 of section 2 of The Reciprocal Enforcement R.s.o. i960,
of Maintenance Orders Act is amended by striking out "if the subs. 2, ' '
court in the reciprocating state by which the order was made ^'^®'^^®'^
was a court of superior jurisdiction, be the Supreme Court
and, if that court was not a court of superior jurisdiction" in
the second, third, fourth and fifth lines, so that the subsection
shall read as follows:
(2) The court in Ontario in which an order is to be 5°!^'"*.^'^^
• - /-\ - ■ 1 Ontario to
registered shall be such court m Ontario as is deter- be deter-
• 1 1 1 /v /^ 1 mined by
mined by the Attorney General. Attorney
General
2. Subsection 1 of section 5 of The Reciprocal Enforcement r.s.o. i960,
of Maintenance Orders Act is amended by striking out "thesiibs. i.^' '
Supreme Court if the court in the reciprocating state by which ^^e'^^e'^
the order was made was a court of superior jurisdiction or
to such court as is determined by the Attorney General, if
the court in the reciprocating state by which the order was
made was not a court of superior jurisdiction" in the sixteenth
to twentieth lines and inserting in lieu thereof "such court
in Ontario as is determined by the Attorney General", so
that the subsection shall read as follows:
(1) Where, Conflrmatlon
of orders
made out-
(a) a maintenance order has been made by a^' ®
court in a reciprocating state and the order
is provisional only and has no effect until
confirmed by a court in Ontario; and
(6) a certified copy of the order, together with
the depositions of witnesses and a statement
25
of the grounds on which the order might have
been opposed if the person against whom the
order was made had been a party to the pro-
ceedings, is received by the Attorney General ;
and
(c) it appears to the Attorney General that the
person against whom the order was made is
resident in Ontario,
the Attorney General may send the documents to
the proper officer of such court in Ontario as is
determined by the Attorney General, and upon
receipt of the documents the court shall issue a
summons calling upon the person against whom the
order was made to show cause why the order should
not be confirmed, and cause it to be served upon such
person.
ment"^^'^'^^ 3. This Act comes into force on the day it receives Royal
Assent.
Short title ^.^ 'pj^jg ji^^^ j^^y ^^ cited as The Reciprocal Enforcement of
Maintenance Orders Amendment Act, 1961-62.
25
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BILL 26
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to confirm the
Revised Regulations of Ontario, 1960
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
This Bill confirms Revised Regulations of Ontario, 1960. The regula-
tions and amendments made while the Revised Regulations were being
prepared were also revised and republished in a special issue of The
Ontario Gazette. These regulations are confirmed also.
26
BILL 26 1961-62
An Act to confirm the
Revised Regulations of Ontario, 1960
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1.— (1) The Revised Regulations of Ontario, 1960, Sisfanii?med^° '
printed by the Queen's Printer, shall be deemed to be valid
and to have come into force on the 1st day of July, 1961.
(2) The regulations published in a special issue of The^Q^^f^^^^^^
Ontario Gazette, dated the 3rd day of July, 1961, shall he°°^^^^^^
deemed to be valid and to have come into force on the 1st
day of July, 1961.
2. Section 1 shall be deemed not to validate any Regulation Exception
or part thereof that has been made without authority.
3. This Act comes into force on the day it receives Royal me^t^^*^^^"
Assent.
4. This Act may be cited as The Revised Regulations Con- short title
firmation Act, 1961-62.
26
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BILL 26
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961.62
An Act to confirm the
Revised Regulations of Ontario, 1960
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 26
1961-62
An Act to confirm the
Revised Regulations of Ontario, 1960
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1.— (1) The Revised Regulations of Ontario, 1960, as ^^-^Vmid eo ,
printed by the Queen's Printer, shall be deemed to be valid
and to have come into force on the 1st day of July, 1961.
(2) The regulations published in a special issue of ^^^ ^I'Jl^fations
Ontario Gazette, dated the 3rd day of July, 1961, shall be confirmed
deemed to be valid and to have come into force on the 1st
day of July, 1961.
2. Section 1 shall be deemed not to validate any Regulation Exception
or part thereof that has been made without authority.
3. This Act comes into force on the day it receives Royal menif"^"^®*
Assent.
4. This Act may be cited as The Revised Regulations Con- short title
firmation Act, 1961-62.
26
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BILL 27
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Summary Convictions Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printbr
Explanatory Notes
Section 1 — Subsection 1. This amendment extends the period
within which a summons for an offence under The Highway Traffic Act
may be re-served from fifteen to twenty-one days, thus allowing the same
period for re-service as is now allowed for the original service.
Subsection 2. The sending of a summons by prepaid post is proved
by affidavit. Among the things that must be stated in the affidavit are
"the place, date and time of posting". It is difficult to comply with the
time requirement, especially in the court offices of large cities, and in any
event the time requirement serves no useful purpose as parts of days are
not involved. The time requirement is therefore deleted.
27
BILL 27
1961-62
An Act to amend
The Summary Convictions Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1.
(1) Subsection 9 of section 6 of The Summary Convic-f'-^^-^^^^'
tions Act is amended by striking out "fifteen" in the third line subs. 9,
1 • .• • 1- t r n .) 1 1 1 amended
and msertmg m lieu thereof twenty-one , so that the sub-
section shall read as follows:
(9) Where a summons issued under subsection 8 is for a ^Q^fd^f
contravention of any provision of The Highway ^^^^^^^^
Traffic Act, it shall be served within twenty-one days for offence
of the date on which the person is required to appear R.s.o. i960,
by the original summons.
(2) Clause a of subsection 11 of the said section 6 is repealed ^fgy; 1^%^/
and the following substituted therefor: subs, ii,
re-enacted
(a) the place and date of posting.
2. This Act may be cited as The Summary Convictions ^^°^^ ^'^^^
Amendment Act, 1961-62.
27
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BILL 27
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Summary Convictions Act
Mr. Roberts
{Reprinted as amended by the Committee of the Whole House)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1— Subsection 1. This amendment extends the period
within which a summons for an offence under The Highway Traffic Act
may be re-served from fifteen to twenty-one days, thus allowing the same
period for re-service as is now allowed for the original service.
Subsection 2. The sending of a summons by prepaid post is proved
by affidavit. Among the things that must be stated in the affidavit are
"the place, date and time of posting". It is difficult to comply with the
time requirement, especially in the court offices of large cities, and in any
event the time requirement serves no useful purpose as parts of days are
not involved. The time requirement is therefore deleted.
27
BILL 27
1961-62
An Act to amend
The Summary Convictions Act
HER MAJESTY, by and with the advice and consent of
the Legislative i\ssembly of the Province of Ontario,
enacts as follows:
1. — (1) Subsection 9 of section 6 of The Summary Convic-^-^^- ^^'^^^'
lions Act is amended bv striking out "fifteen" in the third line subs. 9, '
J ..... ' r ii M 1 1 > amended
and inserting in lieu thereot twenty-one , so that the sub-
section shall read as follows:
(9)
Where a suninions issued under subsection 8 is for ^^rvid^li
The Hiehwayf^^^^er
° -^ summons
contravention of any provision of
Traffic Act, it shall be served within twenty-one days for oiTentie
of the date on which the person is required to appear R.s.O. i960,
by the original summons.
(2) Clause a of subsection 11 of the said section 6 is repealed ^fg^* 1%^'
and the following substituted therefor: s"i>8- ii.
el. a,
re-enaoted
(a) the place and date of posting.
2. This Act conies into force on the day it receives Royal ^**™"'®"'®'
Assent.
ment
3. This Act may be cited as The Summary Convictions short title
Amendment Act, 1961-62.
27
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BILL 27
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Summary Convictions Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 27 1961-62
An Act to amend
The Summary Convictions Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Subsection 9 of section 6 of The Summary Convic-f'-^^-^^^'
tions Act is amended by striking out "fifteen" in the third line^ubs. 9,
, . . . ,. , , ,, ,, , , , amended
and msertmg m lieu thereof twenty-one , so that the sub-
section shall read as follows:
(9) Where a summons issued under subsection 8 is for a^r^f(,|°of
contravention of any provision of The Highway ^^^^^^^^^
Traffic Act, it shall be served within twenty-one days for offence
f 1 1 1-11 • -1 under
of the date on which the person is required to appear R.s.o. i960,
by the original summons.
(2) Clause a of subsection 11 of the said section 6 is repealed ^fg^; I^q^'
and the following substituted therefor: ^^^^^ ^i-
re-enacted
(a) the place and date of posting.
2. This Act comes into force on the day it receives Royal ment"^"*^*'
Assent.
3. This Act may be cited as The Summary Convictions Short title
Amendment Act, 1961-62.
27
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BILL 28
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Trustee Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
At present, a trustee is not chargeable for breach of trust by reason
only of lending on insufficient security where the amount of the loan does
not exceed 60 per cent of the value of the property. This percentage of
the value of the property is increased to two-thirds of the value.
Subsection 2 provides that a trustee is not chargeable with breach
of trust only by reason of lending on mortgage security insured under the
National Housing Act, 1054 (Canada) even though the amount of the loan
exceeds two-thirds of the value of the property.
28
BILL 28 1961-62
An Act to amend The Trustee Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Section 30 of The Trustee Act is amended by RS-O- 1960.
c 408 8 30
striking out "60 per cent" in the twelfth line and inserting in amended
lieu thereof "two-thirds", so that subsection 1 of the said
section shall read as follows:
(1) A trustee lending money upon the security of any when trustee
property upon which he may lawfully lend is notable for
chargeable with breach of trust by reason only of insufficient
the proportion borne by the amount of the loan ^o^®^""*^
the value of the property at the time when the loan
was made, if it appears to the court that in making
the loan the trustee was acting upon a report as to
the value of the property made by a person whom
the trustee reasonably believed to be a competent
valuator, instructed and employed independently
of any owner of the property, whether such valuator
carried on business in the locality where the property
is situate or elsewhere, and that the amount of the
loan does not exceed two-thirds of the value of the
property as stated in the report and that it was made
under the advice of the valuator expressed in the re-
port.
(2) The said section 30 is further amended by adding ^'l^^^-i^eo,
thereto the following subsection : amended
(2) Notwithstanding subsection 1, a trustee lending ^^^■^•^^•
money on a mortgage security, if the loan is an
insured loan under the National Housing Act, -'^■^^ c^ll (Can )
(Canada), is not chargeable with breach of trust by
reason only that the amount of the loan exceeds two-
thirds of the value of the property mortgaged.
2. This Act may be cited as The Trustee Amendnpent Act,' o''* * * e
1961-62.
28
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BILL 28
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Trustee Act
Mr. Roberts
(Reprinted as amended by the Committee of the Whole House)
TORONTO
Printf.d and Published by Frank Fogg, Queen's Printer
Explanatory Note
At present, a trustee is not chargeable for breach of trust by reason
only of lending on insufficient security where the amount of the loan does
not exceed 60 per cent of the value of the property. This percentage of
the value of the property is increased to two-thirds of the value.
Subsection 2 provides that a trustee is not chargeable with breach
of trust only by reason of lending on mortgage security insured under the
National Housing Act, 1954 (Canada) even though the amount of the loan
exceeds two-thirds of the value of the property.
28
BILL 28 1961-62
An Act to amend The Trustee Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Section 30 of The Trustee Act is amended by r.s.o. i960,
striking out "60 per cent" in the twelfth line and inserting in amended °'
lieu thereof "two-thirds", so that subsection 1 of the said
section shall read as follows:
(1) A trustee lending money upon the security of any when trustee
property upon which he may lawfully lend is not able ^for'^^*
chargeable with breach of trust by reason only of jnguffl&ent
the proportion borne by the amount of the loan to^®^""*^
the value of the property at the time when the loan
was made, if it appears to the court that in making
the loan the trustee was acting upon a report as to
the value of the property made by a person whom
the trustee reasonably believed to be a competent
valuator, instructed and employed independently
of any owner of the property, whether such valuator
carried on business in the locality where the property
is situate or elsewhere, and that the amount of the
loan does not exceed two-thirds of the value of the
property as stated in the report and that it was made
under the adviceof the valuator expressed inthereport.
(2) The said section 30 is further amended by adding r.s.o. i960,
thereto the following subsection : amended '
(2) Notwithstanding subsection 1, a trustee lending oh^n.h.a.
money on a mortgage security, if the loan is an
insured loan under the National Housing Act, iP54 19||-^4. ^
(Canada), is not chargeable with breach of trust by
reason only that the amount of the loan exceeds two-
_ thirds of the value of the property mortgaged.
2. This Act comes into force on the day it receives Royal j^^'j^^'"®'^'^®'
Assent,
3. This Act may be cited as The Trustee Amendment Act,^^^^^ ^^^^^
1961-62.
28
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BILL 28
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Trustee Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 28 1961-62
An Act to amend The Trustee Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Section 30 of The Trustee Act is amended by r.s.o. i960,
striking out "60 per cent" in the twelfth line and inserting in amended
lieu thereof "two-thirds", so that subsection 1 of the said
section shall read as follows:
(1) A trustee lending money upon the security of any when trustee
property upon which he may lawfully lend is not able 'for'^^^"
chargeable with breach of trust by reason only of insufficient
the proportion borne by the amount of the loan to^®^""*^
the value of the property at the time when the loan
was made, if it appears to the court that in making
the loan the trustee was acting upon a report as to
the value of the property made by a person whom
the trustee reasonably believed to be a competent
valuator, instructed and employed independently
of any owner of the property, whether such valuator
carried on business in the locality where the property
is situate or elsewhere, and that the amount of the
loan does not exceed two-thirds of the value of the
property as stated in the report and that it was made
under the advice of thevaluator expressed in the report.
(2) The said section 30 is further amended by adding r.s.o. i960,
thereto the following subsection : amende^d '
(2) Notwithstanding subsection 1, a trustee lending »" n.h.a.
money on a mortgage security, if the loan is an
insured loan under the National Housine Act, 1954^^^^-^f,' ,
/r- IN- 1 II -11 1 f 1 "• 23 (Can.)
(Canada), is not chargeable with breach of trust by
reason only that the amount of the loan exceeds two-
thirds of the value of the property mortgaged.
2. This Act comes into force on the day it receives Royal ^gJJ^"®'^*^®"
Assent.
3. This Act may be cited as The Trustee Amendment Act,^^*^^^ *''''®
1961-62.
28
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BILL 29
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Dentistry Act
Mr. Dymond
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
Two printer's errors are corrected.
29
BILL 29 1961-62
An Act to amend The Dentistry Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 3 of section 22 of The Dentistry Act is amended ^■^.P- ^of^'
by striking out "in" in the first line and inserting in lieu subs.' 3,
thereof "is", so that the subsection shall read as follows:
(3) Where default is made in payment of the annual Default
fee and such default continues for a period of one 'Jf Fee^™^"
month, the licence of a member so in default lapses,
but such licence may be renewed thereafter upon
payment of the fee and an additional sum not
exceeding $10 as is prescribed by by-law of the
Board and such sum is recoverable in the same
manner as the annual fee.
2. Subsection 1 of section 24 of The Dentistry Act is amended R.s.o. i960,
. c 91 8 24
by inserting after "disgraceful" in the sixth and seventh lines subs.' i,'
"or improper", so that the subsection shall read as follows: ^"^®" ®
(1) The Board may suspend or cancel the certificate of f nd^can-""^
licence of a member of the College who has been ceiiation of
, c -1 r • 1 • /-> J certificates
heretotore or is hereaiter convicted in Canada or
elsewhere of an indictable offence if his conviction
remains unreversed, or who has been or is guilty of
any infamous, disgraceful or improper conduct in a
professional respect and such infamous, disgraceful
or improper conduct in a professional respect shall
be deemed to include fraudulent and exorbitant
charging of fees, but this power shall not be exercised
if the conviction is for a political offence committed
out of Her Majesty's dominions, or for an offence
that, though indictable, ought not, either from its
nature or from the circumstances under which it
was committed, to disqualify the person convicted
from practising dentistry.
29
meSi^^'^^^" 3. This Act comes into force on the day it receives Royal
Assent.
Short title 4.. This Act may be cited as The Dentistry Amendment Act,
1961-62.
29
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BILL 29
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Dentistry Act
Mr. Dymond
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 29
1961-62
An Act to amend The Dentistry Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 3 of section 22 of The Dentistry Act is amended ^fi^g-'^ll^'
by striking out "in" in the first Hne and inserting in Heusubs.'s,
thereof "is", so that the subsection shall read as follows:
(3) Where default is made in payment of the annual Default
fee and such default continues for a period of one o'f Fe^^""*'^
month, the licence of a member so in default lapses,
but such licence may be renewed thereafter upon
payment of the fee and an additional sum not
exceeding $10 as is prescribed by by-law of the
Board and such sum is recoverable in the same
manner as the annual fee.
2. Subsection 1 of section 24 of The Dentistry Act is amended R.s.o. i960,
by inserting after "disgraceful" in the sixth and seventh lines siibs.'i,'
"or improper", so that the subsection shall read as follows: *""®°
(1) The Board may suspend or cancel the certificate of fnd^can-°°
licence of a member of the College who has been ceiiation of
. • 1 • /-. 1 certificates
heretofore or is hereafter convicted in Canada or
elsewhere of an indictable offence if his conviction
remains unreversed, or who has been or is guilty of
any infamous, disgraceful or improper conduct in a
professional respect and such infamous, disgraceful
or improper conduct in a professional respect shall
be deemed to include fraudulent and exorbitant
charging of fees, but this power shall not be exercised
if the conviction is for a political offence committed
out of Her Majesty's dominions, or for an offence
that, though indictable, ought not, either from its
nature or from the circumstances under which it
was committed, to disqualify the person convicted
from practising dentistry.
29
ment^^'^°^ 3. This Act comes into force on the day it receives Royal
Assent.
Short title 4, This Act may be cited as The Dentistry Amendment Act,
1961-62.
29
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BILL 30
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Sanatoria for Consumptives Act
Mr. Dymond
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The amendment is designed to clarify the authority of the Department
to maintain and operate clinics and for the professional staffs in the clinics
to perform techniques and procedures associated with the prevention and
treatment of tuberculous disease.
30
BILL 30 1961-62
An Act to amend
The Sanatoria for Consumptives Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 54 of The Sanatoria for Consumptives Act is ^l-O- i^eo,
amended by adding thereto the following subsection: amended
(3) The Lieutenant Governor in Council may make Regulations
regulations authorizing the Minister to establish, estabiTshed^
maintain and operate facilities for the prevention Minister
and treatment of tuberculous disease and governing
their establishment, operation and use.
2. This Act comes into force on the day it receives Royal Commence-
Assent. "^«"*
3. This Act may be cited as The Sanatoria for Consumptives ^^on title
Amendment Act, 1961-62.
30
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BILL 30
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Sanatoria for Consumptives Act
Mr. Dymond
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 30
1961-62
An Act to amend
The Sanatoria for Consumptives Act
HER jVIAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 54 of The Sanatoria for Consumptives Act is^|-^- i9|o,
amended by adding thereto the following subsection: amended
(3) The Lieutenant Governor in Council may make Regulations
regulations authorizing the Minister to establish, established
maintain and operate facilities for the prevention Minister
and treatment of tuberculous disease and governing
their establishment, operation and use.
2. This Act comes into force on the day it receives Royal Commence-
« ^ ment
Assent.
3. This Act may be cited as The Sanatoria for Consumptives Short title
Amendment Act, 1961-62.
30
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BILL 31
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Air Pollution Control Act
Mr. Dymond
TORONTO
Printed A^^D Published by Frank Fogg, Queen's Printer
Explanatory Note
The amendment will provide for the appointment of a committee to
be known as The Air Pollution Advisory Committee. The Committee
will consider and report upon air pollution matters.
31
BILL 31 1961-62
An Act to amend
The Air Pollution Control Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Air Pollution Control Act is amended by adding ^-^g*-^- ^^eo,
thereto the following section: amended
2a. The Lieutenant Governor in Council may make ^o*^J^i[^e
regulations providing for the establishment of a com-
mittee to be known as The Air Pollution Advisory
Committee and prescribing its powers and duties.
2. This Act comes into force on the day it receives Royal me^t"^"'^®'
Assent.
3. This Act may be cited as The Air Pollution Control ^^^^^ ^^^^^
Amendment Act, 1961-62.
31
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BILL 31
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Air Pollution Control Act
Mr. Dymond
{Reprinted as amended by the Committee of the Whole House)
TORONTO
Printed and Publishkd by Frank Fogg, Queen's Printer
Explanatory Note
The amendment will provide for the appointment of a committee to
be known as The Air Pollution Advisory Committee. The Committee
will consider and report upon air pollution matters.
31
BILL 31
1961-62
An Act to amend
The Air Pollution Control Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Air Pollution Control Act is amended by adding ^-^g^- i^^O-
thereto the following section: amended
la. The Lieutenant Governor in Council may make ^^J^j^j^t^^
regulations providing for the establishment of a com-
mittee to be known as The Air Pollution Advisory
Committee.
2. This Act comes into force on the day it receives Royal menV"®"°®'
Assent.
3. This Act may be cited as The Air Pollution Control ^^°^^ ^^^^^
Amendment Act, 1961-62.
31
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BILL 31
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Air Pollution Control Act
Mr. Dymond
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 31 1961-62
An Act to amend
The Air Pollution Control Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Air Pollution Control Act is amended by adding ^S-O. i960,,
thereto the following section: amended
2a. The Lieutenant Governor in Council may make ^q^^J^^^j^ ^.
regulations providing for the establishment of a com-
mittee to be known as The Air Pollution Advisory
Committee.
2. This Act comes into force on the day it receives Royal ment"^"''*'
Assent.
3. This Act may be cited as The Air Pollution Co«/ro/ Short title
Amendment Act, 1961-62.
31
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BILL 32
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Cancer Act
Mr. Dymond
TORONTO
Printed and Published BYi^pRANK Fogg, Queen's Printer
Explanatory Note
The amendments will authorize the Lieutenant Governor in Council
to appoint as a member of The Ontario Cancer Institute a person represent-
ing the Toronto Wellesley Hospital, and, in addition, will authorize the
Lieutenant Governor in Council to appoint three members representing
the University of Toronto instead of two members as at present.
32
BILL 32 1961-62
An Act to amend The Cancer Act
HER 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 17 of The Cancer Act is amended R.s.o. i960,
c 45 s IT
by striking out "twelve" in the first line and inserting in subs.' i.'
lieu thereof "fourteen", by striking out "two" in the first ^"'^'''^®'^
line of clause h and inserting in lieu thereof "three" and by
adding thereto the following clause:
{h) one person representing the Board of Governors of
the Toronto Wellesley Hospital,
so that the subsection shall read as follows:
(1) The Institute shall consist of fourteen persons Members
appointed by the Lieutenant Governor in Council,
namely,
{a) five persons representing the Foundation, one
of whom shall be the chairman of the Founda-
tion;
{b) three persons representing The Governors of
the University of Toronto;
(c) one person representing the Board of Trustees
of the Toronto General Hospital;
{d) one person representing the Board of Trustees
of The Hospital for Sick Children;
(e) one person representing the governing body
of St. Michael's Hospital;
(/) one person representing the Board of
Governors of The Toronto Western Hospital;
32
(g) one person representing the Board of
Governors of the Women's College Hospital;
{h) one person representing the Board of
Governors of the Toronto Wellesley Hospital,
who shall hold office during pleasure.
ment^^"^*^^ 2. This Act comes into force on the day it receives Royal
Assent.
Short title 3^ yj^jg ^^^ ^^y ^g cited as The Cancer Amendment Act,
1961-62.
32
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BILL 32
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Cancer Act
Mr. Dymond
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 32 1961-62
An Act to amend The Cancer Act
HER 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 17 of The Cancer Act is amended r.s.o. i960,
by striking out "twelve" in the first line and inserting in subs.' i.' ^^'
lieu thereof "fourteen", by striking out "two" in the first *™®'''*®'^
line of clause h and inserting in lieu thereof "three" and by
adding thereto the following clause:
{h) one person representing the Board of Governors of
the Toronto Wellesley Hospital,
so that the subsection shall read as follows:
(1) The Institute shall consist of fourteen persons ^®°^^"
appointed by the Lieutenant Governor in Council,
namely,
(a) five persons representing the Foundation, one
of whom shall be the chairman of the Founda-
tion;
(6) three persons representing The Governors of
the University of Toronto;
{c) one person representing the Board of Trustees
of the Toronto General Hospital ;
{d) one person representing the Board of Trustees
of The Hospital for Sick Children ;
(e) one person representing the governing body
of St. Michael's Hospital;
(/) one person representing the Board of
Governors of The Toronto Western Hospital;
32
(g) one person representing the Board of
Governors of the Women's College Hospital;
(h) one person representing the Board of
Governors of the Toronto Wellesley Hospital,
who shall hold office during pleasure.
Sent"*"^ 2. This Act comes into force on the day it receives Royal
Assent.
Short title 3, This Act may be cited as The Cancer Amendment Act,
1961-62.
32
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BILL 33
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend
The Department of Education Act
Mr. Robarts
r O R O N 1' o
I'kintkd and l^unLisHRD BY Frank Fogg, Queen's Printer
Explanatory Note
Sections 1 and 2. The amendments provide for the registration and
inspection of private schools.
33
BILL 33 1961-62
An Act to amend
The Department of Education Act
HER 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 Department of Education Act is amended ^■94^4_'*"i^^'
by adding thereto the following clause: amended
{cc) "private school" means a school at which instruction
is provided at any time between the hours of 9 a.m.
and 4 p.m. on any day other than a school holiday
for five or more pupils of compulsory school age,
whether or not instruction is also provided for
pupils of other ages, in any of the subjects of the
elementary or secondary school courses of study,
except a school operated by the Government of
Ontario or by an elementary or secondary school
board or a board of education.
2. The Department of Education Act is amended by adding R-S-O. i960,
thereto the following section: amended
19. — (1) No private school shall be operated in Ontario ^j?|J8^^^aUon
after the 1st day of September, 1962, unless it is schools
registered in accordance with this section.
(2) Every private school shall be registered with the ^^^etraSon
Department on or before the 1st day of September
in the year 1962 and on or before the 1st day of
September in each year thereafter.
(3) Application for registration shall be in such form Application
and with such particulars as the Minister may
require. Offence to
operate
private
(4) Where a private school is operated in contravention without
of subsection 1, registration
(a) all persons concerned in the management of
such school are severally guilty of an offence
and on summary conviction are liable; or
(b) where the school is operated by a corporation,
the corporation is guilty of an offence and on
summary conviction is liable,
to a fine of not more than $25 for every day such
school is operated in contravention of subsection 1.
Return
(5) The principal, headmaster or person in charge of a
private school shall make a return to the Department
furnishing such statistical information regarding
enrolment, staff, courses of study and other informa-
tion as and when required by the Minister, and any
such person who fails to make such return within
sixty days of the request of the Minister is guilty of
an offence and on summary conviction is liable to a
fine of not more than $100.
Inspection
of school
(6) The Minister may direct one or more school inspec-
tors to inspect a private school, in which case each
such inspector may enter the school at all reasonable
hours and conduct an inspection of the school and
any records or documents relating thereto, and every
person who prevents or obstructs or attempts to
prevent or obstruct any such entry or inspection is
guilty of an offence and on summary conviction is
liable to a fine of not more than $200.
Inspection
on request
Offence for
false
statement
(7) The Minister may, on the request of any person
operating a private school, provide for inspection of
the school in respect of the qualifications of the
teachers and the standard of instruction in the
subjects of grades 11 and 12 of the course or courses
leading to the secondary school graduation diploma
and may determine and levy a fee for this service.
(8) Every person who knowingly makes a false statement
in an application for registration or an information
return under this section is guilty of an offence and
on summary conviction is liable to a fine of not more
than $200.
Selu"^"^*^®" 3. This Act comes into force on the day it receives Royal
Assent.
Short title
4. This Act may be cited as The Department of Education
Amendment Act, 1961-62.
33
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BILL 33
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend
The Department of Education Act
Mr. Robarts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
>l ,11
bfFim«? «t t's
nmy'.ur
BILL 33 1961-62
H
An Act to amend
The Department of Education Act
ER 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 Department of Education Act is amended ^■94^s.^if°'
by adding thereto the following clause: amended
{ca) "private school" means a school at which instruction
is provided at any time between the hours of 9 a.m.
and 4 p.m. on any day other than a school holiday
for five or more pupils of compulsory school age,
whether or not instruction is also provided for
pupils of other ages, in any of the subjects of the
elementary or secondary school courses of study,
except a school operated by the Government of
Ontario or by an elementary or secondary school
board or a board of education.
2. The Department of Education Act is amended by adding RS^O- 1960,
thereto the following section: amended
19.— (1) No private school shall be operated in Ontario ^feK|.f^^^fg'on
after the 1st day of September, 1962, unless it is schools
registered in accordance with this section.
(2) Every private school shall be registered with the reg?stra«on
Department on or before the 1st day of September
in the year 1962 and on or before the 1st day of
September in each year thereafter.
(3) Application for registration shall be in such form Application
and with such particulars as the Minister may
require. Oflfence to
operate
private
(4) Where a private school is operated in contravention without
of subsection 1, registration
33
(a) all persons concerned in the management of
such school are severally guilty of an offence
and on summary conviction are liable; or
(b) where the school is operated by a corporation,
the corporation is guilty of an offence and on
summary conviction is liable,
Return
to a fine of not more than $25 for every day such
school is operated in contravention of subsection 1.
(5) The principal, headmaster or person in charge of a
private school shall make a return to the Department
furnishing such statistical information regarding
enrolment, staff, courses of study and other informa-
tion as and when required by the Minister, and any
such person who fails to make such return within
sixty days of the request of the Minister is guilty of
an offence and on summary conviction is liable to a
fine of not more than $100.
Inspection
of school
(6) The Minister may direct one or more school inspec-
tors to inspect a private school, in which case each
such inspector may enter the school at all reasonable
hours and conduct an inspection of the school and
any records or documents relating thereto, and every
person who prevents or obstructs or attempts to
prevent or obstruct any such entry or inspection is
guilty of an offence and on summary conviction is
liable to a fine of not more than $200.
Inspection
on request
Offence for
false
statement
Commence-
ment
(7) The Minister may, on the request of any person
operating a private school, provide for inspection of
the school in respect of the qualifications of the
teachers and the standard of instruction in the
subjects of grades 11 and 12 of the course or courses
leading to the secondary school graduation diploma
and may determine and levy a fee for this service.
(8) Every person who knowingly makes a false statement
in an application for registration or an information
return under this section is guilty of an offence and
on summary conviction is liable to a fine of not more
than $200.
3. This Act comes into force on the day it receives Royal
Assent.
Short title 4, x^js ^^^ ^^y ^g cited as The Department of Education
Amendment Act, 1961-62.
33
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BILL 34
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Schools Administration Act
Mr. Rob arts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1. At present, the definition of judge is only applicable to
The Secondary Schools and Boards of Education Act. The amendment
extends the definition to all school Acts.
Section 2 — Subsection 1. At present, where a parent or guardian
neglects to cause a child to attend school, the judge may require a bond
conditioned that the parent or guardian shall cause the child to attend
school after the expiration of five days. The amendment will require
attendance as provided by the Act, which is every school day rather than
at the expiration of five days.
Subsection 2. The new subsection creates an offence for children
who are habitual truants, in order to provide a means of bringing such
children and their parents or guardians before a juvenile court judge for
counselling and correction.
34
BILL 34 1961-62
An Act to amend
The Schools Administration Act
HER MxAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1.
Paragraph 5 of subsection 2 of section 1 of The Schools ^■^^- 1^^^'
Administration Act is repealed and the following substituted subs. 2,
I ,- par. 5,
tneretor: re-enacted
5. "county judge" or "judge" means the judge of the
county or district court of the county or district in
which the school board concerned has jurisdiction
and, where the school board has jurisdiction in two
or more counties or districts, means the judge of
the county or district court of the county or district
in which the assessment of real property liable to
rates for the purposes of the school board is the
greatest according to the last revised assessment
rolls.
2.— (1) Subsection 2 of section 15 of The Schools Adminis-f-f^-l^fli
tration Act is amended by striking out "after the expiration |^|^ 2^^
of five days, cause the child to attend school as required" in
the fifth and sixth lines and inserting in lieu thereof "cause
the child to attend school as required by this Part", so that
the subsection shall read as follows:
{2) The judge or magistrate may, instead of i'^posing^^o^^^^^^^^
a fine, require a person convicted of an ofifence under
subsection 1 to give a bond in the penal sum of
SlOO, with one or more sureties to be approved by the
judge or magistrate, conditioned that the person shall
cause the child to attend school as required by this
Part.
(2) The said section 15 is amended by adding thereto the^^-.^g^-
following subsections: amended
34
I960,
S. 15,
habiSiy (5) -^ child of compulsory school age who is habitwally
schoSf ^^°^ absent from school without being legally excused is
guilty of an ofifence and on summary conviction is
liable to the penalties provided for children adjudged
R.s.c. 1952. to be juvenile delinquents under the Juvenile
Delinquents Act (Canada), and the child and his
parent or guardian may be summoned to appear
before a judge of a juvenile and family court, and
the judge has the same powers to deal with such
child and his parent or guardian, including the
imposition and payment of fines, as he has with
respect to a juvenile delinquent and his parent
or guardian under the Juvenile Delinquents Act
(Canada).
under " (6) Proceedings in respect of offences under subsection 5
shall be proceeded with only in accordance with such
subsection.
R.s^o. I960, g^ j,^^ Schools Administration Act is amended by adding
amended thereto the following section:
adminis- 36a. — (1) Where the average daily attendance of pupils
^"^^^^^ in any year is 1,000 or more in the schools operated
by a school board, the board may appoint a business
administrator in the following year.
°"**®^ (2) Where a board has appointed a business adminis-
trator, it shall assign to him the duties of treasurer
and may assign to him the duties of secretary.
(3) Where the board appoints more than one business
administrator, it shall designate one as senior business
administrator and one or more of them as assistant
business administrators.
c.'sei's. 43^ 4. Subsection 1 of section 43 of The Schools Administration
re-enacted Act is repealed and the following substituted therefor:
First . • , , •
meetings (1) Except as otherwise provided in any Act,
{a) where a board is elected or appointed on or
after the 1st day of April in any year, it shall
hold its first meeting at 8 p.m. on the second
Wednesday in January of the following year;
and
{h) where a board is elected or appointed on or
after the 1st day of January and before the
1st day of April in any year, it shall hold its
34
Assistants
Section 3. The new section provides for the appointment of business
administrators by school boards.
Section 4. Subsection 1 of section 43 at present provides for holding
the first meetings of newly elected or appointed school boards at 7 p.m.
on the second Wednesday in January. The subsection, as re-enacted,
changes the hour to 8 p.m. and provides for meetings where a board is
elected or appointed before or after the 1st day of January, and also gives
the inspector authority to provide for a different time and date where
warranted.
34
Section 5. The provisions for an allowance were transferred to The
Schools Administration Act from The Public Schools Act and The Secondary
Schools and Boards of Education Act during the revision of the statutes.
The provision amended should, therefore, refer to section 36 of The Schools
Administration Act instead of The Public Schools Act and The Secondary
Schools and Boards of Education Act. It is amended accordingly.
34
first meeting at 8 p.m. on the second Wednes-
day following the election or appointment of
the board.
(la) Notwithstanding subsection 1, on the petition of ^^^''r^vide
a majority of the trustees of a newly elected or for calling
appointed board, the inspector may provide for meeting
calling the first meeting of the board at some other
time and date.
(lb) A board shall be deemed to be appointed when a when board
majority of the members to be appointed has been appointed
appointed.
5. Clause a of subsection 5 of section 50 of The Schools f^-,?-9- ^^^^•
Administration Act is repealed and the following substituted subs. 5.
therefor : i e-eriaoted
{a) prevents a trustee from receiving or being alloweti
an honorarium or allowance under section 36.
6. This Act comes into force on the day it receives Royal ^^ent"^*"*^*
Assent.
7. This Act may be cited as The Schools Administration ^^'^^-^^^^^^
Amendment Act, 1961-62.
34
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BILL 34
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Schools Administration Act
Mr. Rob arts
(Reprinted as amended by the Committee on Education)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1. At present, the definition of judge is only applicable to
The Secondary Schools and Boards of Education Act. The amendment
extends the definition to all school Acts.
Section 2 — Subsection 1. At present, where a parent or guardian
neglects to cause a child to attend school, the judge may require a bond
conditioned that the parent or guardian shall cause the child to attend
school after the expiration of five days. The amendment will require
attendance as provided by the Act, which is every school day rather than
at the expiration of five days.
Subsection 2. The new subsection creates an offence for children
who are habitual truants, in order to provide a means of bringing such
children and their parents or guardians before a juvenile court judge for
counselling and correction.
34
BILL 34
1961-62
An Act to amend
The Schools Administration Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1.
Paragraph 5 of subsection 2 of section 1 of The Schools ^f^- l^f^-
Administration Act is repealed and the following substituted subs. 2,
. - par, 5,
theretor : re-enacted
5. "county judge" or "judge" means the judge of the
county or district court of the county or district in
which the school board concerned has jurisdiction
and, where the school board has jurisdiction in two
or more counties or districts, means the judge of
the county or district court of the county or district
in which the assessment of real property liable to
rates for the purposes of the school board is the
greatest according to the last revised assessment
rolls.
2. — (1) Subsection 2 of section 15 of The Schools Adminis-f'-f^'l^lQ'
tration Act is amended by striking out "after the expiration |^|j^2^^
of five days, cause the child to attend school as required" in
the fifth and sixth lines and inserting in lieu thereof "cause
the child to attend school as required by this Part", so that
the subsection shall read as follows:
(2) The judge or magistrate may, instead of imposing ^^.^nd^for^^
a fine, require a person convicted of an offence under
subsection 1 to give a bond in the penal sum of
$100, with one or more sureties to be approved by the
judge or magistrate, conditioned that the person shall
cause the child to attend school as required by this
Part.
(2) The said section 15 is amended by adding thereto the ^fg^- 1^^^'
following subsections: amended
34
Children
habitually
absent from
school
R.S.C. 1952.
c. 160
(5) A child of compulsory school age who Is habitually
absent from school without being legally excused is
guilty of an offence and on summary conviction is
liable to the penalties provided for children adjudged
to be juvenile delinquents under the Juvenile
Delinquents Act (Canada), and the child and his
parent or guardian may be summoned to appear
before a judge of a juvenile and family court, and
the judge has the same powers to deal with such
child and his parent or guardian, including the
imposition and payment of fines, as he has with
respect to a juvenile delinquent and his parent
or guardian under the Juvenile Delinquents Act
(Canada).
Proceedings
under
Bubs. 6
(6) Proceedings in respect of offences under subsection 5
shall be proceeded with only in accordance with such
subsection.
^'lei" ^^^°' ^* ^^^ Schools Administration Act is amended by adding
amended thereto the following section:
Business
adminis-
trator
36a. — (1) Where the board determines that at least one
person should be employed full time to carry out
the duties of a secretary or treasurer, it may appoint
a business administrator.
Duties
(2) A board may assign any of the duties of the secretary,
treasurer and supervisor of maintenance of school
buildings to a business administrator.
status
(3) Where a board appoints more than one business
administrator, it may designate two or more with
equal status or may designate one or more as
assistant business administrators. "VB
^•fe^-gflg; 4. Subsection 1 of section 43 of The Schools Administration
re-enacted ^^^ ^^ repealed and the following substituted therefor:
First
meetings
(1) Except as otherwise provided in any Act,
(a) where a board is elected or appointed on or
after the 1st day of April in any year, it shall
hold its first meeting at 8 p.m. on the second
Wednesday in January of the following year;
and
{h) where a board is elected or appointed on or
after the 1st day of January and before the
1st day of April in any year, it shall hold its
34
Section 3. The new section provides for the appointment of business
administrators by school boards.
i
Section 4. Subsection 1 of section 43 at present provides for holding
the first meetings of newly elected or appointed school boards at 7 p.m.
on the second Wednesday in January. The subsection, as re-enacted,
changes the hour to 8 p.m. and provides for meetings where a board is
elected or appointed before or after the 1st day of January, and also gives
the inspector authority to provide for a different time and date where
warranted.
34
Section 5. The provisions for an allowance were transferred to The
Schools Administration Act from The Public Schools Act and The Secondary
Schools and Boards of Education Act during the revision of the statutes.
The provision amended should, therefore, refer to section 36 of The Schools
Administration Act instead of The Public Schools Act and The Secondary
Schools and Boards of Education Act. It is amended accordingly.
34
first meeting at 8 p.m. on the second Wednes-
day following the election or appointment of
the board.
(la) Notwithstanding subsection 1, on the petition of ^|P®°*°^jjjg
a majority of the trustees of a newly elected or for calling
appointed board, the inspector may provide for meeting
calling the first meeting of the board at some other
time and date.
(16) A board shall be deemed to be appointed when a^^^^^o^'"'*
majority of the members to be appointed has been appointed
appointed.
5. Clause a of subsection 5 of section 50 of The Schools ^-^^-i^^^'
c. 361, 8. 50,
Administration Act is repealed and the following substituted subs. 5.
therefor : re-enacted
(a) prevents a trustee from receiving or being allowed
an honorarium or allowance under section 36.
6. This Act comes into force on the day it receives Royal ment^^'^^*
Assent.
7. This Act may be cited as The Schools Administration ^^^^^ ^^^^^
Amendment Act, 1961-62.
34
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BILL 34
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Schools Administration Act
Mr. Rob arts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 34 1961-62
An Act to amend
The Schools Administration Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Paragraph 5 of subsection 2 of section 1 of The Schools ^fo^- If f^'
Administration Act is repealed and the following substituted ^'^5^- 2.
par. o,
tnereior: re-enacted
5. "county judge" or "judge" means the judge of the
county or district court of the county or district in
which the school board concerned has jurisdiction
and, where the school board has jurisdiction in two
or more counties or districts, means the judge of
the county or district court of the county or district
in which the assessment of real property liable to
rates for the purposes of the school board is the
greatest according to the last revised assessment
rolls.
2. — (1) Subsection 2 of section 15 of The Schools Adminis-f'-fQl'l^l^\
tration Act is amended by striking out "after the expiration |^|^|^^j
of five days, cause the child to attend school as required" in
the fifth and sixth lines and inserting in lieu thereof "cause
the child to attend school as required by this Part", so that
the subsection shall read as follows:
(2) The judge or magistrate may, instead of imposing ^^.^^^/^^^j^
a fine, require a person convicted of an offence under
subsection 1 to give a bond in the penal sum of
$100, with one or more sureties to be approved by the
judge or magistrate, conditioned that the person shall
cause the child to attend school as required by this
Part.
(2) The said section 15 is amended by adding thereto the^fg*^|^^g'
following subsections: amended
34
Children
habitually
absent from
Bchool
R.S.C. 1952.
c. 160
(5) A child of compulsory school age who is habitually
absent from school without being legally excused is
guilty of an offence and on summary conviction is
liable to the penalties provided for children adjudged
to be juvenile delinquents under the Juvenile
Delinquents Act (Canada), and the child and his
parent or guardian may be summoned to appear
before a judge of a juvenile and family court, and
the judge has the same powers to deal with such
child and his parent or guardian, including the
imposition and payment of fines, as he has with
respect to a juvenile delinquent and his parent
or guardian under the Juvenile Delinquents Act
(Canada).
Proceedings
under
Bubs. 5
(6) Proceedings in respect of offences under subsection 5
shall be proceeded with only in accordance with such
subsection.
^•|g^- 19^°' 3. The Schools Administration Act is amended by adding
amended thereto the following section:
Business
adminis-
trator
36a. — (1) Where the board determines that at least one
person should be employed full time to carry out
the duties of a secretary or treasurer, it may appoint
a business administrator.
Duties
(2) A board may assign any of the duties of the secretary,
treasurer and supervisor of maintenance of school
buildings to a business administrator.
status
(3) Where a board appoints more than one business
administrator, it may designate two or more with
equal status or may designate one or more as
assistant business administrators.
c!"f6i' 8.^43! 4. Subsection 1 of section 43 of The Schools Administration
re-enacted "^^^ ^^ repealed and the following substituted therefor:
First
meetings
(1) Except as otherwise provided in any Act,
(a) where a board is elected or appointed on or
after the 1st day of April in any year, it shall
hold its first meeting at 8 p.m. on the second
Wednesday in January of the following year;
and
(b) where a board is elected or appointed on or
after the 1st day of January and before the
1st day of April in any year, it shall hold its
34
first meeting at 8 p.m. on the second Wednes-
day following the election or appointment of
the board.
(la) Notwithstanding subsection 1, on the petition of ^|P®^*°^j^jg
a majority of the trustees of a newly elected or for calling
appointed board, the inspector may provide for meeting
calling the first meeting of the board at some other
time and date.
(lb) A board shall be deemed to be appointed when a^^^'^^°^'"^
majority of the members to be appointed has been appointed
appointed.
6. Clause a of subsection 5 of section 50 of The Schools ^f a9- ^^I^-
, C. 361, S. 50,
Administration Act is repealed and the following substituted subs. 5,
,, , ol. a,
tnereior: re-enacted
{a) prevents a trustee from receiving or being allowed
an honorarium or allowance under section 36.
6. This Act comes into force on the day it receives Royal Sent^^°°*'
Assent.
7. This Act may be cited as The Schools Administration ^^°^^ ^^^^^
Amendment Act, 1961-62.
34
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BILL 35
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Public Health Act
Mr. Dymond
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The amendment is designed to clarify the authority of boards of
health to maintain and operate facilities for immunization and other public
health activities of a similar character.
35
BILL 35 1961-62
An Act to amend The Public Health Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 6 of The Public Health Act is amended by adding r.s.o. i960,
thereto the following paragraph : amended
17a. authorizing local boards to establish, maintain and community
°, , ... . f -111 • health
operate such facilities tor community health services services
as are prescribed and governing their establishment,
operation and use.
2. This Act comes into force on the day it receives Royal commence-
•' -^ ment
Assent.
3. This Act may be cited as The Public Health Amendment ^^ort title
Act, 1961-62.
35
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BILL 35
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Public Health Act
Mr. Dymond
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 35 1961-62
An Act to amend The Public Health Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 6 of The Public Health Act is amended by adding r.s.o. 1960^
thereto the following paragraph: Amended '
17a. authorizing local boards to establish, maintain and community
operate such facilities for community health services services
as are prescribed and governing their establishment,
operation and use.
2. This Act comes into force on the day it receives Royal Commence-
. ■' ■' ment
Assent.
3. This Act may be cited as The Public Health A mendment short titi©
Act, 1961-62.
35
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BILL 36
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Power Commission Act
Mr. Macaulay
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
Self-explanatory
36
BILL 36
1961-62
An Act to amend
The Power Commission Act
HER 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 Power Commission -^c/^-Iq^-^^I^-
is amended by striking out "and one of whom shall be a subs, i
member" in the fourth and fifth lines, so that the subsection
shall read as follows:
(1) The Commission shall continue to be a body cor- '-^'^'^'^^'^'"°"
porate, and shall consist of not less than three and
not more than six persons appointed by the Lieu-
tenant Governor in Council, two of whom may be
members of the Executive Council.
2. This Act comes into force on the day it receives Royal ment^^"^^
Assent.
3. This Act may be cited as The Power Commission Amend- ^^^o'"*^ *'*'®
ment Act, 1961-62 (No. 2).
36
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BILL 36
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Power Commission Act
Mr. Macaulay
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 36 1961-62
An Act to amend
The Power Commission Act
HER 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 Power Commission Act^-^-^'l^^^'
is amended by striking out "and one of whom shall be a^"^^- i-
member" in the fourth and fifth lines, so that the subsection
shall read as follows:
(1) The Commission shall continue to be a body cor- Commission
porate, and shall consist of not less than three and
not more than six persons appointed by the Lieu-
tenant Governor in Council, two of whom may be
members of the Executive Council.
2. This Act comes into force on the day it receives Royal Sent"^^"^®'
Assent.
3. This Act may be cited as The Power Commission Amend- ^^°'"* *^*^®
ment Act, 1961-62 {No. 2).
36
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BILL 37
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Election Act
Mr. Bryden
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notk
The purpose of this Bill is to require central party organizations to
file audited statements of their receipts and expenditures on account of
election campaigns with the Chief Election Officer, so that they will be
available for public inspection.
37
BILL 37 1961-62
An Act to amend The Election Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Election Act is amended by addine thereto the Rso. loeo,
c. 1 18
following sections: amended
192a.— (1) A detailed statement of all money or its ^tatemen^
equivalent received as an election contribution, pay-cpntribu-
ment, loan, gift, advance or deposit and exceeding expenses,
in amount or value $50 and a detailed statement of ^ *"
all election expenses incurred by or on behalf of the
central organization of a political interest repre-
sented in the election by more than twenty candi-
dates shall, within six months after the election, be
made out by the treasurer or other officer responsible
for the accounts of such central organization, audited
by a member of The Institute of ('hartered Accoun-
tants of Ontario or The Certified Public Accountants
Association of Ontario and delivered as audited to
the Chief Election Officer.
(2) Every treasurer or other officer who is in default ^If^^^^^j^j^^"*
of delivering an audited statement under subsection 1 delivering
. * . statement
IS liable to a fine not exceedmg vS25 for every day
during which he is in default.
1926. The Chief Election Officer shall preserve all such l^.ff^l^lf^Z''
statements and shall, during the six months following *i^'^g^^g,^^
their delivery to him, permit any voter to inspect
them upon payment of a fee of 25 cents.
2. This Act comes into force on the day it receives Royal ^ent"^"''*
Assent.
3. This Act may be cited as The Election Amendment ^c/, «hort title
1961-62.
37
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BILL 38
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend
The Hours of Work and Vacations with Pay Act
Mr. Gisborn
TORONTO
Printed and Published by Frank Fogo, Queen's Printer
Explanatory Note
The purpose of this Bill is to increase the mandatory vacation vvith
pay period from one week a year to two weeks a year during the first five
years on the job and to three weeks a year thereafter.
38
BILL 38 1961-62
An Act to amend
The Hours of Work and Vacations with Pay Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsections 2, 3 and 4 of section 2 of The Hours o/^fg?: s."2°'
Work and Vacations with Pay Act are repealed and the ^g_g*jf^,?^g^^j'
following substituted therefor:
(2) Every employee in an industrial undertaking is^mfpay »
entitled,
(a) after each year of his employment with any
one employer, during the first five years of
such employment, to a vacation of at least
two weeks with pay;
(b) after each year of his employment with any
one employer, after the first five years of such
employment, to a vacation of at least three
weeks with pay.
(3) The vacation pay shall be the average wage of theCaimiiafy)n
... . 1- I ,. of vacation
employee durmg the year mmiediately precedmg pay
the date upon which the vacation commences for the
[)eriod of the vacation.
(4) The emplover may determine the period when the ^|\°"i ,,
employee may take the vacation provided for in to be tukcn
subsection 1, but the period shall not be later than
ten months after the end of the work year to which
the vacation relates.
(5) Subject to subsection 4, where an employee who is pay^^when
entitled to a vacation of two weeks wishes to take his payable
vacation,
(a) in one period of two weeks, his vacation pay
shall be paid to him in full by his employer
38
during the fourteen days immediately pre-
ceding the commencement of his vacation; or
(b) in two periods of one week each, one-half of
his vacation pay shall be paid to him by his
employer during the fourteen days immediately
preceding the commencement of each of the
two periods.
^^^^ (6) Subject to subsection 4, where an employee who is
entitled to a vacation of three weeks wishes to take
his vacation,
(a) in one period of three weeks, his vacation pay
shall be paid to him by his employer during
the fourteen days immediately preceding the
commencement of his vacation;
(b) in one period of two weeks and one period of
one week,
(i) two-thirds of his vacation pay shall be
paid to him by his employer during
the fourteen days immediately preced-
ing the conmiencement of the period
of two weeks, and
(ii) one-third of his vacation pay shall be
paid to him by his employer during the
fourteen days immediately preceding
the commencement of the period of
one week;
(c) in three periods of one week each, one-third
of his vacation pay shall be paid to him by
his employer during the fourteen days im-
mediately preceding the commencement of
each of the three periods; or
((/) in two periods of more than one week but
less than two weeks each, the sum that bears
the same proportion to his vacation pay as
the number of days comprising the period
bears to twenty-one shall be paid to him by
his employer during the fourteen days im-
mediately preceding the commencement of
the period to which the pay relates.
^^ominencc- 2. This Act comes into force on the day it receives Royal
Assent.
Bhort title 3, This Act may be cited as The Hours of Work and
Vacations with Pay Amendment Act, 1961-62.
38
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BILL 39
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Department of Labour Act
Mr. Warrender
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The purpose of this Bill is to create the Ontario Safety Council.
39
BILL 39
1961-62
An Act to amend
The Department of Labour Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Department of Labour Act is amended by adding ^l^^- ^^^o-
thereto the following section : amended
9a. — (1) There shall be a council to be known as the Ontario
Ontario Safety Council consisting of three or more Council
persons as the Lieutenant Governor in Council deter-
mines.
(2) The Lieutenant Governor in Council shall appoint Appointment
the members of the Ontario Safety Council and shall members
designate one of the members as chairman.
(3) Where a vacancy occurs in the membership of the vacancies
Ontario Safety Council from any cause, it may be
filled by the Lieutenant Governor in Council.
(4) The members of the Ontario Safety Council may be ^®^"'^®''^'
paid remuneration and expenses at such rates as are
determined by the Lieutenant Governor in Council,
and the amounts thereof shall, until the 31st day of
March, 1962, be paid out of the Consolidated
Revenue Fund and thereafter shall be paid out of
the moneys appropriated by the Legislature for the
purpose.
(5) It is the function of the Ontario Safety Council, upon Function
the request of the Minister, to inquire into and advise
him upon any matter respecting the safety of workers,
and, without restricting the generality of the fore-
going, to inquire into and advise him upon any of
the laws respecting the safety of workers with a
view to the improvement, clarification or extension
of the existing laws or the enactment of new laws,
or to inquire into and advise him upon any matter
39
designed to co-ordinate the functions of (all bodies
concerned with the safety of workers.
ment"*"*^* 2. This Act comes into force on the day it receives Royal
Assent.
Short title 3, This Act may be cited as The Department of Labour
Amendment Act, 1961-62.
39
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BILL 39
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Department of Labour Act
Mr. Warrender
{Reprinted as amended by the Committee of the Whole House)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The purpose of this Bill is to create the Labour Safety Council of
Ontario.
39
BILL 39
1961-62
An Act to amend
The Department of Labour Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Department of Labour Act is amended by adding ^fy^' •^^^°'
thereto the following section: amended
9a. — (1) There shall be a council to be known as the Labour
Labour Safety Council of Ontario consisting of three Council of
: ° . Ontario
or more persons as the Lieutenant Governor in
Council determines.
(2) The Lieutenant Governor in Council shall appoint Appointment
the members of the Labour Safety Council of Ontario members
and shall designate one of the members as chairman.
(3) Where a vacancy occurs in the membership of the Vacancies
Labour Safety Council of Ontario from any cause, it
may be filled by the Lieutenant Governor in Council.
(4) The members of the Labour Safety Council of ^e'^^'^era-
Ontario may be paid remuneration and expenses at
such rates as are determined by the Lieutenant
Governor in Council, and the amounts thereof shall,
until the 31st day of March, 1962, be paid out of the
Consolidated Revenue Fund and thereafter shall be
paid out of the moneys appropriated by the Legis-
lature for the purpose.
(5) It is the function of the Labour Safety Council of Function
Ontario, upon the request of the Minister, to inquire
into and advise him upon any matter respecting the
safety of workers, and, without restricting the
generality of the foregoing, to inquire into and
advise him upon any of the laws respecting • the
safety of workers with a view to the improvement,
39
clarification or extension of the existing laws or the
enactment of new laws, or to inquire into and advise
him upon any matter designed to co-ordinate the
functions of all bodies concerned with the safety of
workers.
Commence- 2. This Act comes into force on the day it receives Royal
Assent.
Short title 3. This Act may be cited as The Department of Labour
Amendment Act, 1961-62.
39
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BILL 39
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Department of Labour Act
Mr. Warrender
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 39 1961-62
An Act to amend
The Department of Labour Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Department of Labour Act is amended by adding R-|-p- 1960,
thereto the following section: amended
9a. — (1) There shall be a council to be known as the Labour
Labour Safety Council of Ontario consisting of three Council of
or more persons as the Lieutenant Governor in
Council determines.
(2) The Lieutenant Governor in Council shall appoint Appointment
the members of the Labour Safety Council of Ontario members
and shall designate one of the members as chairman.
(3) Where a vacancy occurs in the membership of the Vacancies
Labour Safety Council of Ontario from any cause, it
may be filled by the Lieutenant Governor in Council.
(4) The members of the Labour Safety Council of ^q^"'^®'"^'
Ontario may be paid remuneration and expenses at
such rates as are determined by the Lieutenant
Governor in Council, and the amounts thereof shall,
until the 31st day of March, 1962, be paid out of the
Consolidated Revenue Fund and thereafter shall be
paid out of the moneys appropriated by the Legis-
lature for the purpose.
(5) It is the function of the Labour Safety Council of Function
Ontario, upon the request of the Minister, to inquire
into and advise him upon any matter respecting the
safety of workers, and, without restricting the
generality of the foregoing, to inquire into and
advise him upon any of the laws respecting the
safety of workers with a view to the improvement,
39
clarification or extension of the existing laws or the
enactment of new laws, or to inquire into and advise
him upon any matter designed to co-ordinate the
functions of all bodies concerned with the safety of
workers.
ment"*'^°^" ^* This Act comes into force on the day it receives Royal
Assent.
Short title 3, This Act may be cited as The Department of Labour
Amendment Act, 1961-62.
39
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BILL 40
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Vital Statistics Act
Mr. Yaremko
T O R O N T O
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
This amendment will bring the definition into line with that of five
other provinces of Canada, thus making the statistics compiled by the
Dominion Bureau of Statistics and the World Health Organization more
valuable for comparative purposes.
40
BILL 40 1961-62
An Act to amend The Vital Statistics Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Clause V of section 1 of The Vital Statistics Act is amended c.'4i9, s. i, '
by striking out "twenty -eighth" in the second line and i insert- amended
ing in lieu thereof "twentieth", so that the clause shall read as
follows:
(v) "still-birth" means the complete expulsion or extrac-
tion from its mother after the twentieth week of
pregnancy of a foetus that did not at any time after
being completely expelled or extracted from the
mother breathe or show any other sign of life.
2. This Act comes into force on the day it receives Royal ment
Assent.
3. This Act may be cited as The Vital Statistics Amendment^^''''^ ""®
Act, 1961-62.
40
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BILL 40
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Vital Statistics Act
Mr. Yaremko
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
I
BILL 40 1961-62
An Act to amend The Vital Statistics Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Clause V of section 1 of The Vital Statistics Act is amended ^fi^' g.^f^'
by striking out "twenty-eighth" in the second line and i^isert- ^ij^^-j^^^^
ing in lieu thereof "twentieth", so that the clause shall read as
follows:
(v) "still-birth" means the complete expulsion or extrac-
tion from its mother after the twentieth week of
pregnancy of a foetus that did not at any time after
being completely expelled or extracted from the
mother breathe or show any other sign of life.
2. This Act comes into force on the day it receives Royal Se^ft"^®"*'®'
Assent.
3. This Act may be cited as The Vital Statistics Amendment ^^°''* *'*^®
Act, 1961-62.
40
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BILL 41
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Corporations Act
Mr. Yaremko
TORONTO
Printkd and Published bv Frank Fogg, Queen's Printer
Explanatory Notes
Section 1. The intent of this section is clarified. No change in
principle.
Section 2. The intent of the provision is clarified.
Section 3. This amendment is designed to make it clear that
"property" includes and always has included all property of the company,
both present and future.
Section 4. This new section is self-explanatory. It will cover the
reverse of the situation now covered in section 323 (3) of the Act.
41
BILL 41
1961-62
An Act to amend The Corporations Act
HER MiKJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 11 of The Corporations Act is repealed and the^f:^- 1??"-
follownig substituted therefor: re-enacted
11. A corporation comes into existence on the date of ^3^/^®"^°®'
the letters patent incorporating it. existence
2. Subsection 7 of section 27 of The Corporations Act is^-^^'^^^^'
amended by striking out "Except as provided in subsections subs.' 7
8 and 9" in the first line and by inserting after "shall" in the
fifth line "except as provided in subsections 8 and 9", so that
the subsection shall read as follows:
(7) Where the preference shares of a class are made ^f^plJ^^*^'*^"^
redeemable by the letters patent or supplementary
letters patent and where at any time some but not
all of such shares are to be redeemed, the shares to
be redeemed shall, except as provided in subsections 8
and 9, be selected by lot in such manner as the
board of directors determines or as nearly as may be
in proportion to the number of shares registered in
the name of each shareholder.
3. Section 58 of The Corporations Act is amended by ^l-*^- 1||0'
adding thereto the following subsection: aineiided
(la) The expression "property of the company" in sub- Jatfon '^^'
section 1 and in every predecessor thereof includes
and has included always both present and future
property of the company.
4. The Corporations Act is amended by adding thereto the^|:0- ^^^^'
following section: ainended
323a.— (1) A corporation incorporated under the laws ofoluarir°^
Ontario may, if authorized by a special resolution, ^^''p^'"**''*"^
41
by the Provincial Secretary and by the laws of any
other jurisdiction in Canada, apply to the proper
officer of that other jurisdiction for an instrument of
continuation continuing the corporation as if it had
been incorporated under the laws of that other
jurisdiction.
Notice
(2) The corporation shall file with the Provincial Sec-
retary a notice of the issue of the instrument of
continuation and on and after the date of the filing
of such instrument this Act ceases to apply to that
corporation.
Application (3) This section applies only to a jurisdiction that has
legislation in force that permits corporations incor-
porated under its laws to apply for an instrument of
continuation under the laws of Ontario.
ment^^'^'^ 5. — (1) This Act, except section 4, comes into force on the
day it receives Royal Assent.
Idem
(2) Section 4 comes into force on a day to be named by the
Lieutenant Governor by his proclamation.
Short title q^ This Act may be cited as The Corporations Amendment
Act, 1961-62.
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BILL 41
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Corporations Act
Mr. Yaremko
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
1
BILL 41 1961-62
An Act to amend The Corporations Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 11 of The Corporations Act is repealed and the^|j|^gi|^°'
following substituted therefor: re-enacted '
11. A corporation comes into existence on the date of ^g^^.'^®'^®®"
the letters patent incorporating it. existence
2. Subsection 7 of section 27 of The Corporations Act is^-|j*^g^||^'
amended by striking out "Except as provided in subsections subs.' 7
8 and 9" in the first line and by inserting after "shall" in the
fifth line "except as provided in subsections 8 and 9", so that
the subsection shall read as follows:
(7) Where the preference shares of a class are made ^f®p|J^^*'°'^
redeemable by the letters patent or supplementary
letters patent and where at any time some but not
all of such shares are to be redeemed, the shares to
be redeemed shall, except as provided in subsections 8
and 9, be selected by lot in such manner as the
board of directors determines or as nearly as may be
in proportion to the number of shares registered in
the name of each shareholder.
3. Section 58 of The Corporations Act is amended by^|£O^i9|0.
adding thereto the following subsection: amended
(la) The expression "property of the company" in sub-tathm™'
section 1 and in every predecessor thereof includes
and has included always both present and future
property of the company.
4. The Corporations Act is amended by adding thereto the^|^0- 1^^^-
following section: ainended
323a.— (1) A corporation incorporated under the laws of ontaSo'^ °^
Ontario may, if authorized by a special resolution, °°'"p°"'*'°°^
41
Notice
by the Provincial Secretary and by the laws of any
other jurisdiction in Canada, apply to the proper
officer of that other jurisdiction for an instrument of
continuation continuing the corporation as if it had
been incorporated under the laws of that other
jurisdiction.
(2) The corporation shall file with the Provincial Sec-
retary a notice of the issue of the instrument of
continuation and on and after the date of the filing
of such instrument this Act ceases to apply to that
corporation.
Application (3) This section applies only to a jurisdiction that has
legislation in force that permits corporations incor-
porated under its laws to apply for an instrument of
continuation under the laws of Ontario.
ment™^'^*^^ 6. — (1) This Act, except section 4, comes into force on the
day it receives Royal Assent.
Idem
(2) Section 4 comes into force on a day to be named by the
Lieutenant Governor by his proclamation.
Short title Q^ ^his Act may be cited as The Corporations Amendment
Act, 1961-62.
41
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BILL 42
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Corporations Information Act
AIr. Yaremko
l- O R O N T O
Printed and Publishi.d by Frank Fogg, Oui:i:n'.s Printkr
Explanatory Notes
Subsection 5a restores a requirement that existed prior to 1953. It
is considered necessary in order that up-to-date information as to directors
of corporations will be on file.
Subsection 5b is new. It is considered necessary in order that up-to-
date information as to changes in the authorized capital structure of
corporations will be on file.
Subsections 5c and 5d are extensions of a principle of the present Act
that applies only to certain types of corporations. As extended, the
principle will apply to all corporations.
42
BILL 42 1961-62
An Act to amend
The Corporations Information Act
HER 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 Corporations Information Act is amended ^S-O. i960,
by adding thereto the following subsections: amended '
(5a) Every corporation to which subsection 1 applies shall P^^^^'^^f ^^
file with the Provincial Secretary a notice of every directors
change in the membership of its board of directors
within fifteen days after the change has taken place,
and the notice shall specify the date upon which
each person became a director or ceased to be a
director, as the case may be.
(56) Where preference shares of a class are redeemed or change in
purchased for cancellation or converted into another capitEd"^^^
class or classes of shares or into securities by a
corporation with share capital to which subsection 1
applies, the corporation shall, within thirty days of
the date on which the redemption, purchase or con-
version is efTected, file with the Provincial Secretary
a notice setting out,
(a) the number of shares of the class redeemed or
purchased for cancellation or converted;
(6) the number and class or classes of shares or
securities into which the shares were con-
verted; and
(c) the date on which the redemption, purchase or
conversion was effected.
(5cJ Every corporation to which subsection 1 applies, uon'in*"*^'
Ontario
(rt) incorporated under the law of Ontario, within
thirty da\'s of the date of its incorporation;
42
(b) which is not required to be licensed under
R.sx). 1960, p^j.^ jX of The Corporations Act, within thirty-
days after it establishes its head or other ofifice
in Ontario or commences to carry on business
or a part thereof in Ontario;
(c) which is required to be licensed under Part IX
of The Corporations Act, subject to that Part
and before it establishes its head or other
ofifice or commences to carry on business or a
part thereof in Ontario,
shall file with the Provincial Secretary a power of
attorney duly executed under the seal of the corpora-
tion appointing a person resident in Ontario, or a
corporation having its head office in Ontario, to be
the attorney and representative in Ontario of the
corporation and the consent of the attorney to act
as such, together with an affidavit or statutory
declaration verifying the execution of the consent.
^'^®'" (5d) The power of attorney mentioned in subsection 5c
shall,
(a) include words expressly authorizing the at-
torney to act as such, and to sue and to be
sued, plead and be impleaded in any court in
Ontario, and generally on behalf of the cor-
poration within Ontario to accept service
of process and to receive all lawful notices
and, for the purposes of the corporation, to
do all acts and to execute all deeds and other
instruments relating to the matters within the
scope of the power of attorney; and
(b) provide that, until due lawful notice of the
appointment of another and subsequent at-
torney has been given to and accepted by the
Provincial Secretary, service of process or of
papers and notices upon the person or cor-
poration mentioned in the original or other
power last filed with the Provincial Secretary
shall be accepted by the corporation as suf-
ficient service.
Commence- 2. This Act conies into force on the 1st day of July, 1962.
Short title 3. 'fhis Act may be cited as The Corporations Information
Amendment Act, 1961-62.
42
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BILL 42
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Corporations Information Aqt
Mr. Yaremko
{Reprinted for consideration by the Committee of the Whole House)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Subsection 5a restores a requirement that existed prior to 1953. It
is considered necessary in order that up-to-date information as to directors
of corporations will be on file.
Subsection 5b is new. It is considered necessary in order that up-to-
date information as to changes in the authorized capital structure of
corporations will be on file.
Subsections 5^ and 5^ are extensions of a principle of the present Act
that applies only to certain types of corporations. As extended, the
principle will apply to all corporations.
42
BILL 42 1961-62
An Act to amend
The Corporations Information Act
HER 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 Corporations Information Act is amended ^^ ;:?;/^^Mj^'"'
by adding thereto the following subsections: amended '
(5a) Every corporation to which subsection 1 applies shall ^^^fj.'^^^^ "'
file with the Provincial Secretary a notice of every directors
change in the membership of its board of directors
within fifteen days after the change has taken place,
and the notice shall specify the date upon which
each person became a director or ceased to be a
director, as the case may be.
(56) Where preference shares of a class are redeemed or change in
, , ,. 11 • 1 • 1 authorized
purchased tor cancellation or converted mto another capital
class or classes of shares or into securities by a
corporation with share capital to which subsection 1
applies, the corporation shall, within thirty days of
the date on which the redemption, purchase or con-
version is effected, file with the IVovincial Secretary
a notice setting out,
(a) the number of shares of the class redeemed or
purchased for cancellation or converted;
{b) the number and class or classes of shares or
securities into which the shares were con-
verted; and
(c) the date on which the redemption, purchase or
conversion was effected.
(5c) Every corporation to which subsection 1 applies and fj^nTn^"*^^'
H^^ Ontario
(a) that is incorj^orated under the law oi Ontario,
within thirty days after the 1st day of July,
42
1962, if its incorporation occurred before tliat
day, or within thirty days after the date of
its incorporation, if its incorporation occurred
on or after that day;
(6) that is not required to be licensed under
R.s^o. I960. Part IX of The Corporations Act and that
has estabUshed its head or other office in
Ontario or has commenced to carry on business
or a part thereof in Ontario before the 1st day
of July, 1962, within thirty days after that
day, or that establishes its head or other
office in Ontario or commences to carry on
business or a part thereof in Ontario on or
after that day, within thirty days after such
establishment or conmiencement; or
(c) that is required to be licensed under Part IX
of The Corporations Act, subject to that Part
and before it establishes its head or other
office or commences to carry on business or a
part thereof in Ontario,
shall file with the Provincial Secretary a power of
attorney duly executed under the seal of the corpora-
tion appointing a person resident in Ontario, or a
corporation having its head office in Ontario, to be
the attorney and representative in Ontario of the
corporation and the consent of the attorney to act
as such, together with an affidavit or statutory
declaration verifying the execution of the consent.
^^^"' (5rf) The power of attorney mentioned in subsection 5c
shall,
(a) include words expressly authorizing the at-
torney to act as such, and to sue and to be
sued, plead and be impleaded in any court in
Ontario, and generally on behalf of the cor-
poration within Ontario to accept service
of process and to receive all lawful notices
and, for the purposes of the corporation, to
do all acts and to execute all deeds and other
instruments relating to the matters within the
scope of the power of attorney; and
{b) provide that, until due lawful notice of the
appointment of another and subsequent at-
torney has been given to and accepted by the
Provincial Secretary, service of process or of
42
papers and notices upon the person or cor-
poration mentioned in the original or other
power last filed with the Provincial Secretary
shall be accepted by the corporation as suf-
ficient service.
12. This Act conies into force on the 1st day of Tuly, 1962. commence-
•' J J > ment
3. This Act may be cited as The Corporations Information ^^^^^ title
Amendment Act, 1961-62.
42
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BILL 42
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Corporations Information Act
Mr. Yaremko
TORONTO
Pkinted and Published by Frank Fogg, Queen's Printer
BILL 42 1961-62
An Act to amend
The Corporations Information Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
li Section 3 of The Corporations Information Act is amended R^-^-o. i9eb,
by adding thereto the following subsections: amended '
(5a) Every corporation to which subsection 1 applies shall P^'^^^^j. ^"
file with the Provincial Secretary a notice of every directors
change in the membership of its board of directors
within fifteen days after the change has taken place,
and the notice shall specify the date upon which
each person became a director or ceased to be a
director, as the case may be.
(56) Where preference shares of a class are redeemed or change in
purchased for cancellation or converted into another capital
class or classes of shares or into securities by a
corporation with share capital to which subsection 1
applies, the corporation shall, within thirty days of
the date on which the redemption, purchase or con-
version is effected, file with the Provincial Secretary
a notice setting out,
(a) the number of shares of the class redeemed or
purchased for cancellation or converted;
{b) the number and class or classes of shares or
securities into which the shares were con-
verted; and
(c) the date on which the redemption, purchase or
conversion was effected.
(5c) Every corporation to which subsection 1 applies and ^on'fn*"**"
Ontario
(a) that is incorporated under the law of Ontario,
within thirty days after the 1st day of July,
42
1962, if its incorporation occurred before that
day, or within thirty days after the date of
its incorporation, if its incorporation occurred
on or after that day;
(b) that is not required to be licensed under
R.sx). 1960, Pai-^ IX of The Corporations Act and that
has estabhshed its head or other office in
Ontario or has commenced to carry on business
or a part thereof in Ontario before the 1st day
of July, 1962, within thirty days after that
day, or that establishes its head or other
oflfice in Ontario or commences to carry on
business or a part thereof in Ontario on or
after that day, within thirty days after such
establishment or commencement; or
(c) that is required to be licensed under Part IX
of The Corporations Act, subject to that Part
and before it establishes its head or other
office or commences to carry on business or a
part thereof in Ontario,
shall file with the Provincial Secretary a power of
attorney duly executed under the seal of the corpora-
tion appointing a person resident in Ontario, or a
corporation having its head office in Ontario, to be
the attorney and representative in Ontario of the
corporation and the consent of the attorney to act
as such, together with an affidavit or statutory
declaration verifying the execution of the consent.
^^^"^ (5rf) The power of attorney mentioned in subsection 5c
shall,
(a) include words expressly authorizing the at-
torney to act as such, and to sue and to be
sued, plead and be impleaded in any court in
Ontario, and generally on behalf of the cor-
poration within Ontario to accept service
of process and to receive all lawful notices
and, for the purposes of the corporation, to
do all acts and to execute all deeds and other
instruments relating to the matters within the
scope of the power of attorney; and
(b) provide that, until due lawful notice of the
appointment of another and subsequent at-
torney has been given to and accepted by the
Provincial Secretary, service of process or of
42
papers and notices upon the person or cor-
poration mentioned in the original or other
power last filed with the Provincial Secretary
shall be accepted by the corporation as suf-
ficient service.
2. This Act comes into force on the 1st day of Tulv. 1962. Commence
-^ -> ■' ' ment
3. This Act may be cited as The Corporations Information ^^ort taie
Amendment Act, 1961-62.
42
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BILL 43
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
The Income Tax Act, 1961-62
Mr. Allan (Haldimand -Norfolk)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
This Bill implements the fiscal arrangements made between Canada
and Ontario with respect to individual income taxes.
The Act imposes a tax calculated as a percentage of the tax otherwise
payable by individuals under the federal Income Tax Act.
The Act also provides for an agreement between Canada and Ontario
whereby Canada, on behalf of Ontario, will collect the taxes imposed by
the Act.
43
BILL 43 1961-62
The Income Tax Act, 1961-62
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
PART I — Interpretation
1.— (1) In this Act, t%T^
tation
1. "agreeing province" means a province that has
entered into a collection agreement with the Govern-
ment of Canada for the collection of tax under its
income tax statute;
2. "amount" means money, rights or things expressed
in terms of the amount of money or the value in
terms of money of the right or thing;
3. "assessment" includes a re-assessment;
4. "business" includes a profession, calling, trade,
manufacture or undertaking of any kind whatsoever
and includes an adventure or concern in the nature
of trade but does not include an office or employ-
ment;
5. "collection agreement" means an agreement entered
into pursuant to subsection 1 of section 46;
6. "corporation" includes an incorporated company
and a "corporation incorporated in Canada" includes
a corporation incorporated in any part of Canada
before or after it became part of Canada;
7. "deputy head" means the Deputy Provincial
Treasurer, or, where a collection agreement is
entered into, means the Deputy Minister of National
Revenue for Taxation ;
43
8. "employed" means performing the duties of an
office or employment;
9. "employee" includes officer;
10. "employer", in relation to an officer, means the
person from whom the officer receives his remunera-
tion;
^'i48>^^^^' 11- "Federal Act" means the Income Tax Act (Canada);
12. "Federal Regulations" means the regulations made
pursuant to the Federal Act;
13. "fiscal period" means a fiscal period determined in
accordance with and for the purposes of the Federal
Act;
14. "income tax statute" means, with reference to an
agreeing province, the law of that province that
imposes a tax similar to the tax imposed under
this Act;
15. "individual" means a person other than a cor-
poration, and includes a trust or estate as defined
in subsection 1 of section 63 of the Federal Act;
16. "loss" means a loss as determined in accordance
with and for the purposes of the Federal Act;
17. "Minister" means the Minister of National Revenue
for Canada, but in any provision of the Federal Act
that is incorporated by reference in this Act, unless
a collection agreement has been entered into, a
reference to the Minister shall be read and construed
for the purposes of this Act as a reference to the
Treasurer ;
18. "permanent establishment" means permanent estab-
lishment as defined in the Federal Regulations;
19. "person", or any word or expression descriptive of a
person, includes any body corporate and politic, and
the heirs, executors, administrators or other legal
representatives of such person, according to the law
of that part of Canada to which the context extends;
20. "prescribed", in the case of a form or the information
to be given on a form, means prescribed by order
of the Treasurer, and, in any other case, means pre-
scribed by regulation;
43
. L
21. "province" does not include the Northwest Ter-
ritories or the Yukon Territory;
22. "Receiver General of Canada" means the Receiver
General of Canada, but in any provision of the
Federal Act that is incorporated by reference in this
Act, unless a collection agreement is entered into,
a reference to the Receiver General of Canada shall
be read and construed for the purposes of this Act
as a reference to the Treasurer;
23. "regulation" means a regulation made under this
Act;
24. "taxable income" means taxable income as deter-
mined in accordance with and for the purposes of
the Federal Act subject to variation on objection
or on appeal, if any, in accordance with the Federal
Act;
25. "taxation year" means a calendar year, and, when
a taxation year is referred to by reference to a
calendar year, the reference is to the taxation year
or years coinciding with, or ending in, that year;
26. "taxpayer" includes any person whether or not liable
to pay tax;
27. "Treasurer" means the Treasurer of Ontario, or,
where a collection agreement is entered into, means,
i. in relation to the remittance of any amount
as or on account of tax payable under this
Act, the Receiver General of Canada, and
ii. in relation to any other matter, the Minister.
1960-61, c. 39, s. 44 (1), amended.
(2) The expression "last day of the taxation year" has the idem
meaning given to it in subsection 2 of section Z3 of the Federal
Act.
(3) The tax payable by a taxpayer under this Act or under idem
Part I of the Federal Act means the tax payable by him as
fixed by assessment or re-assessment subject to variation on
objection or on appeal, if any, in accordance with this Act
or Part I of the Federal Act, as the case may be.
(4) For the purposes of this Act, except where they are idem
at variance with the definitions contained in this section,
the definitions and interpretations contained in or made by
regulation under the Federal Act apply.
43
^'*®'" (5) In any case of doubt, the provisions of this Act shall
be applied and interpreted in a manner consistent with similar
prov'isions of the Federal Act. New.
PART II— INC()^[E Tax
Division A — Liability for Tax
2. An income tax shall be paid as hereinafter required for
each of the 1962 to 1966 taxation years, inclusive, by every
individual,
(a) who was resident in Ontario on the last day of the
taxation year; or
{h) who, not being resident in Ontario on the last day
of the taxation year, had income earned in the
tiixation year in Ontario as defined in clause h of
subsection 4 of section ?>. 1960-61, c. 39, s. 1,
amended.
Division B — Compitation or Tax
INDIVIDIAL INCOME TAX
h\dUiduais *^' — (1) ^ f^e tax payable under this Act for a taxation
\ear by an individual who resided in Ontario on the last
day of the taxation year and had no income earned in the
taxation year outside Ontario is the percentage of the tax
payable under the Federal Act for that year specified in subsec-
tion 3.
Idem (2) The tax payable under this Act for a taxation year by
an individual,
{a) who resided in Ontario on the last day of the taxation
year but had income earned in the taxation year out-
side Ontario; or
(/;) who did not reside in Ontario on the last day of the
taxation year but had income earned in the taxation
year in Ontario,
is the amount that bears the same relation to the percentage
of the tax payable under the Federal Act for that year speci-
fied in subsection 3 that his income earned in the taxation
year in Ontario bears to his income for the year.
Idem (3) F'or the purposes of this section, the percentage of the
tax payable under the Federal Act to be used for computing
the tax payable under this section is,
43
5
(a) 16 per cent in respect of tlie 1962 taxation year;
(b) 17 per cent in respect of the 1963 taxation year;
(c) 18 per cent in respect of tiie 1964 taxation year;
(d) 19 per cent in respect of the 1965 taxation year; and
(e) 20 per cent in respect of the 1966 taxation year.
(4) In this section, interpre-
tation
(a) "tax payable under the l-~ederal Act" means the
amount of tax payable under Part I of the Federal
Act, other than under regulations made pursuant
to section 66 thereof, for the taxation \'ear in respect
of which that expression is being applied, minus
any amount included in computing that amount by
virtue of subsection 3 of section 10 of the Old Age ^ ^^^.^
Security Act (Canada), plus any amount deducted (• 260
in computing that amount by virtue of sections 3^
and 41 of the Federal Act;
(b) "income earned in the taxation \ear in Ontario"
means the income earned in the taxation year in
Ontario as determined in accordance with regulations
made under paragraph a of subsection 3 of section 33
of the Federal Act;
(c) "income earned in the taxation year outside Ontario"
means income for the year minus income earned in the
taxation \ear in Ontario; and
(d) "income for the year" means,
(i) in the case of an individual resident in
Canada during part only of the taxation \ear
in respect of whom section 29 of the lederal
Act applies, his income for the period or
j)eriods in the xear referred to in paragraph a
of that section as determined in accordance
with and for the purposes of the I'ederal Act,
(u) in the case of an individual not resident in
Canada at any time during the taxation year,
his income for the year from all duties per-
formed by him in Canada and all businesses
carried on by him in Canada as determined in
accordance with and for the purposes of the
Federal Act, and
43
(iii) in the case of any other hidividual, his income
for the year as determined in accordance with
and for the purposes of the Federal Act.
1960-61, c. 39, s. 2, amended.
Division C — Special Cases
Rate,
armed
forces
ARMED FORCES
4. — (1) Every individual who is liable to tax in accordance
with regulations made pursuant to section 66 of the Federal
Act shall, in accordance with regulations made by the
Lieutenant Governor in Council, pay a tax for each taxation
month in the five-year period commencing on the 1st day of
January, 1962, if he was resident in Ontario on the first day
of that taxation month.
Idem
(2) The tax payable for a taxation month by an individual
to whom subsection 1 applies shall be computed in accordance
with tables to be prescribed on the basis of the rates set out
in section 3.
oftax^ ^'®" (3) Except as provided in regulations made pursuant to
paya'bie^^ subsection 1, the tax payable by an individual under this
section shall be in lieu of tax otherwise payable under this
Act.
Place of
residence
(4) For the purposes of subsection 1, an individual shall be
deemed to be resident in Ontario on the first day of a taxation
month where, for the purposes of Part XXIII of the Federal
Regulations, he is deemed to be resident in Ontario on that
day.
tatkm"^^" (5) In this section, "taxation month" means a taxation
month as defined for the purposes of Part XXIII of the
Federal Regulations. New.
EXEMPTIONS
Exemptions 5^ j^r^ ^^^ jg payable Under this Act by any person for
a period when that person was exempt from tax by virtue of
subsection 1 of section 62 of the Federal Act, and any defini-
tions or descriptions in the F'ederal Act applying to any such
person apply mutatis mutandis for the purposes of this Act
unless otherwise provided. New.
Division- D — Returns, Assessments, Payment and Appeals
Returns
RETURNS
6. — (1) A return for each taxation year for which a tax is
payable under this Act shall, without notice or demand
43
therefor, be filed with the Treasurer in prescribed form and
containing prescribed information,
(a) in the case of a person who has died without making
the return, by his legal representatives, within six
months from the day of death;
(b) in the case of an estate or trust, within ninety days
from the end of the year;
(c) in the case of any other person, on or before the
30th day of April in the next year, by that person or,
if he is unable for any reason to file the return, by
his guardian, curator, tutor, committee or other legal
representative; or
(d) in a case where no person described by clause a or
c has filed the return, by such person as is required
by notice in writing from the Treasurer to file the
return, within such reasonable time as the notice
specifies.
(2) Whether or not he is liable to pay tax under this Act Return on
for a taxation year and whether or not a return has been*^®*^^"^
filed under subsection 1 or 3, every person shall, on demand
by registered letter from the Treasurer, file, within such
reasonable time as is stipulated in the registered letter, with
the Treasurer in prescribed form and containing prescribed
information a return for the taxation year designated in the
letter.
(3) Every trustee in bankruptcy, assignee, liquidator, Trustees,
curator, receiver, trustee or committee and every agent or® ^'
other person administering, managing, winding up, controlling
or otherwise dealing with the property, business, estate or
income of a person who has not filed a return for a taxation
year as required by this section shall file a return in prescribed
form for that year in respect of that person.
(4) Where a partner or an individual who is a proprietor Death of
of a business died after the close of a fiscal period but before proprietor
the end of the calendar year in which the fiscal period closed,
a separate return for the period after the close of the fiscal
period to the time of death may be filed and, if such a separate
return is filed, the tax payable with respect to the period after
the close of the fiscal period to the time of death shall be paid
as if that tax were tax payable by another person. 1960-61,
c. 39, s. 4, amended.
43
ESTIMATE OF TAX
Estimates
7. Every person required by section 6 to file a return shall
in the return estimate the amount of tax payable. 1960-61,
c. 39, s. 5, amended.
ASSESSMENT
Ssessment ^» — (1) ^^^e Treasurer shall, with all due despatch, examine
each return required to be filed under this Act and assess
the tax for the taxation year and the interest and penalties,
if any, payable.
Idem
(2) After examination of a return, the Treasurer shall send
a notice of assessment to the person by whom the return
was filed.
Idem
Idem
Idem
(3) Liability for tax under this Act is not affected by an
incorrect or incomplete assessment or by the fact that no
assessment has been made.
(4) The Treasurer may at any time assess tax, interest or
penalties under this Act or notify in writing any person by
whom a return for a taxation year has been filed that no tax
is payable for a taxation year, and may,
{a) at any time, if the taxpayer or person filing the
return,
(i) has made any misrepresentation or com-
mitted any fraud in filing the return or in
supplying any information under this Act, or
(ii) has filed with the Treasurer a waiver in
prescribed form within four years from the day
of mailing of a notice of an original assessment
or of a notification that no tax is payable for
a taxation year; and
{b) within four years from the day referred to in sub-
clause ii of clause a in any other case,
re-assess or make additional assessments, or assess tax,
interest or penalties, as the circumstances require.
(5) Where a collection agreement is entered into, not-
withstanding that more than four years have elapsed since
the day referred to in subclause ii of clause a of subsection 4,
the Minister shall re-assess or make additional assessments,
or assess tax, interest or penalties, as the circumstances
require, where the tax payable under Part I of the Federal
Act is re-assessed.
43
(6) Where a taxpayer has filed the return required by idem
section 6 for a taxation year and, within one year from the
day on or before which he was required by section 6 to file
the return for that year, has filed an amended return for
the year claiming a deduction from income under paragraph e
of subsection 1 of section 27 of the Federal Act, in respect
of a business loss sustained in the taxation year immediately
following that year, the Treasurer shall re-assess the tax-
payer's tax for the year.
(7) The Treasurer is not bound by a return or information^**®™
supplied by or on behalf of a taxpayer and, in making an
assessment, may, notwithstanding a return or information so
supplied or if no return has been filed, assess the tax payable
under this Act.
(8) An assessment shall, subject to being varied or vacated ^^^"^
on an objection or appeal under this Act and subject to a
re-assessment, be deemed to be valid and binding notwith-
standing any error, defect or omission therein or in any
proceeding under this Act relating thereto. 1960-61, c. 39,
s. 6, amended.
PAYMENT OF TAX
9.— (1) Every person paying, withholding
(a) salary or wages or other remuneration to an officer
or employee;
{h) a superannuation or pension benefit;
(c) a retiring allowance;
{d) an amount upon or after the death of an officer or
employee, in recognition of his services, to his legal
representative or widow or to any other person what-
soever ;
(e) an amount as a benefit under a supplementary
unemployment benefit plan;
(/) an annuity payment;
{g) fees, commissions or other amounts for services; or
ih) a payment under a deferred profit-sharing plan or a
plan referred to in section 79C of the Federal Act
as a revoked plan,
43
10
at any time in a taxation year shall deduct or withhold therefrom
such amount as is prescribed and shall, at such time as is
prescribed, remit that amount to the Treasurer on account
of the payee's tax for the year under this Act.
Payment of (2) Where amounts have been deducted or withheld under
remainder . ^ ^ . . , . • , , .,..,,
this section from the remuneration received by an individual
in a taxation year, if the total of such amounts is equal to
or greater than three-quarters of the tax payable for the
year, he shall, on or before the 30th day of April in the next
year, pay to the Treasurer the remainder of his tax for the
year as estimated under section 7.
Effect of
deduction
Farmers
and
fishermen
(3) Where an amount has been deducted or withheld under
subsection 1, it shall, for all the purposes of this Act, be
deemed to have been received at that time by the person to
whom the remuneration, benefit, payment, fees, commissions
or other amounts were paid. 1960-61, c. 39, s. 7, amended.
10. — (1) Every individual whose chief source of income is
farming or fishing shall pay to the Treasurer,
(a) on or before the 31st day of December in each taxa-
tion year, two-thirds of the tax as estimated by him
at the rate for the year on his estimated tax payable
under the Federal Act for the year or on his tax
payable under the Federal Act for the immediately
preceding year; and
(b) on or before the 30th day of April in the next year,
the remainder of the tax as estimated under section 7.
Idem, where
collection
agreement
(2) Where a collection agreement is entered into, an
individual to whom subsection 1 applies shall pay an amount
under clause a thereof computed in respect of the same year
as the amount is computed that he is liable to pay under
paragraph a of section 48 of the Federal Act. 1960-61, c. 39,
s. 8, amended.
All others
11. — (1) Every individual, other than one to whom sub-
section 2 of section 9 or section 10 applies, shall pay to the
Treasurer,
(a) on or before the 31st day of March, the 30th day
of June, the 30th day of September and the 31st
day of December, respectively, in each taxation
year, an amount equal to one-quarter of the tax as
estimated by him at the rate for the year on his
estimated tax payable under the Federal Act for
the year or on his tax payable under the Federal
Act for the immediately preceding year; and
43
11
(b) on or before the 30th day of April in the next year,
the remainder of the tax as estimated under section 6.
(2) Where a collection agreement is entered into, an in- idem, where
dividual to whom subsection 1 applies shall pay an amount agreement
under clause a thereof computed in respect of the same year
as the amount is computed that he is liable to pay under
paragraph a of section 49 of the Federal Act.
(3) For the purposes of section 10 and this section, "tax f^t^e^'pre-
payable under the Federal Act" for a taxation year has the
meaning given that expression in clause a of subsection 4 of
section 3, whether such taxation year is before or after the
coming into force of this Act. 1960-61, c. 39, s. 9, amended.
12.— (1) The taxpayer shall, within thirty days from the^fy"®"*
day of mailing of the notice of assessment, pay to the Treasurer remainder
any part of the assessed tax, interest and penalties then
remaining unpaid, whether or not an objection to or appeal
from the assessment is outstanding.
(2) Where, in the opinion of the Treasurer, a taxpayer is^^^^y^^*^
attempting to avoid payment of taxes, the Treasurer may
direct that all taxes, penalties and interest be paid forthwith
upon assessment. 1960-61, c. 39, s. 10, amended.
13. Sections 52 and 53, paragraph e of subsection 13 of ^f'^Pj):^|ii°'^
section 63 and paragraph a of subsection 2 of section 64 P'"o^'i'''°"^
of the Federal Act apply mutatis mutandis in respect of the
payment of tax under this Act for a taxation year by a tax-
payer subject to tax under this Act to whom the said provisions
apply in respect of tax payable under the P>deral Act for the
same taxation year. New.
INTEREST
14r. — (1) Where the amount paid on account of tax pay-^'enerai
able by a taxpayer under this Act for a taxation year before
the expiration of the time allowed for filing the return for
that year is less than the amount of tax payable for the year
under this Act, the person liable to pay the tax shall pay
interest on the difTerence between those two amounts from the
expiration of the time for filing the return to the day of
payment at the rate of 6 per cent per annum.
(2) In addition to the interest payable under subsection 1 » /ng^faiments
where a taxpayer, being required by this Act to pay a part
or instalment of tax, has failed to pay all or any part thereof
as required, he shall, on payment of the amount he failed to
pay, pay interest at 6 per cent per annum from the day on
43
12
or before which he was required to make the payment to the
day of payment or the beginning of the period in respect of
which he becomes liable to pay interest thereon under sub-
section 1, whichever is earlier.
Limitation
(3) For the purposes of subsection 2, where a taxpayer is
required to pay a part or instalment of tax for a taxation
year as estimated by him with reference to a preceding year
or with reference to the taxation year, he shall be deemed
to have been liable to pay a part or instalment computed by
reference to his tax for,
(a) the preceding year; or
(b) the taxation year,
whichever is the lesser.
Instalments,
where
collection
agreement
(4) Notwithstanding subsection 3, where a collection agree-
ment is entered into, for the purposes of subsection 2 the
taxpayer shall be deemed to have been liable to pay a part
or instalment computed by reference to his tax for the same
year as the year by reference to which the part or instalment
that he is deemed by subsection 4 of section 54 of the Federal
Act to be liable to pay was computed.
tion*cer-^ (5) Notwithstanding any other provision in this section,
tiflcates no interest is payable in respect of the amount by which the
tax payable by a person is increased by a payment made by
the Canadian Wheat Board on a participation certificate
previously issued to him until thirty days after the payment
is made.
Where
income
in other
countries
barred from
Canada
(6) Where the income of a taxpayer for a taxation year,
or part thereof, is from sources in another country and the
taxpayer by reason of monetary or exchange restrictions
imposed by. the law of that country is unable to transfer it
to Canada, the Treasurer may, if he is satisfied that payment
as required by this Act of the whole of the additional tax
under this Act for the year reasonably attributable to income
from sources in that country would impose extreme hardship
on the taxpayer, postpone the time for payment of the whole
or a part of that additional tax for a period to be determined
by the Treasurer, but no such postponement may be granted
if any of the income for the year from sources in that country
has been,
(a) transferred to Canada;
43
13
(b) used by the taxpayer for any purpose whatsoever,
other than payment of income tax to the government
of that other country on income from sources therein ;
or
(c) disposed of by him,
and no interest is payable under this section in respect of
that additional tax, or part thereof, during the period of
postponement.
(7) Where a taxpayer is entitled to deduct under section 27 Effect of
-ir-iiA- • 1- 11- f carry back
ot the Federal Act m computmg his taxable mcome for a of loss
taxation year an amount in respect of a loss sustained in
the taxation year immediately following the taxation year
(hereinafter in this subsection referred to as "the loss year"),
for the purpose of computing interest under subsection 1 or
2 on tax or a part or instalment of tax for the taxation year
for any portion of the period in respect of which the interest
is payable on or before the last day of the loss year, the tax
payable for the taxation year shall be deemed to be the
amount that it would have been if the taxpayer were not
entitled to deduct any amount under section 27 of the Federal
Act in respect of that loss. 1960-61, c. 39, s. 13, amended.
PENALTIES
15. — (1) Every person who has failed to make a return as Failure to
and when required by subsection 1 of section 6 is liable to a return
penalty of,
(a) an amount equal to 5 per cent of the lax that was
unpaid when the return was required to be filed,
if the tax payable under this Act that was unpaid
at that time was less than S2,000; and
(b) $100, if at the time the return was required to be
filed tax payable under this Act equal to S2,000 or
more was unpaid.
(2) Every person who has failed to file a return as required ^^^em
by subsection 3 of section 6 is liable to a penalty of SlO for
each day of default but not more than $50 in all.
(3) Every person who has failed to complete the informa-i'''"i"'®.*"
• Mir • , 1 complete
lion on a prescribed lorm as required by or pursuant to information
section 6 is, unless the Treasurer has waived it, liable to a
penalty,
43
14
(a) of 1 per cent of the tax payable under this x\ct but,
whether he is taxable or not, not less than $25 or
more than $100; or
(b) of such lesser amount as the Treasurer has fixed in
respect of the specific failure.
Idem, where
collection
agreement
(4) Where a collection agreement is entered into, the
Minister may refrain from levying or may reduce a penalty
provided in this section, if the person who is liable to such
penalt}' is required to pay a penalty under section 55 of the
Federal Act. 1960-61, c. 39, s. 14, amended.
statements
and
omissions
in returns
16. Ever\' person who, knowingly or under circumstances
amounting to gross negligence in the carrying out of any duty
or obligation imposed by or under this Act, has made, or has
participated in, assented to or acquiesced in the making of,
a statement or omission in a return, certificate, statement or
answer filed or made as required by or under this Act or a
regulation, as a result of which the tax that would have been
payable b>- him for a taxation year if the tax had been assessed
on the basis of the information provided in the return, certi-
ficate, statement or answer is less than the tax payable by
him for the year, is liable to a penalty of 25 per cent of the
amount by which the tax that would so have been payable
is less than the tax payable by him for the year. 1960-61,
c. 39, s. 15 (2).
Refunds
KEFINI) OF OVERPAYMENT
17. — (Ij If the return required to be filed by a taxpayer
for a taxation year has been made within four years from the
end of the year, the Treasurer,
(a) may, upon mailing the notice of assessment for the
>ear, refund, without application therefor, any
overpayment made on account qf the tax; and
(b) shall make such a refund after mailing the notice
of assessment if application therefor has been made
in writing b>' the taxpayer within four years from
the end of the >ear.
Application
to other
taxes
(2) Instead of making a refund that might otherwise be
made under this section, the Treasurer may, where the tax-
pa>'er is liable or about to become liable to make another
payment under this Act, apply the amount of the overpay-
ment to that other liability and notify the taxpayer of that
action. 1960-61, c. 39, s. 16 (1, 2).
43
IS
(3) Where an amount in respect of an overpciyment is interest
refunded or applied under this section on other liability, payments
interest at the rate of 3 per cent per annum shall be paid or
applied thereon for the period commencing with the latest of,
(a) the day when the overpayment arose;
(b) the day on or before which the return in respect
of which the tax was paid was required to be filed ; or
(c) the day when the return was actually filed,
and ending with the day of refunding or application aforesaid,
unless the amount of the interest so calculated is less than $1,
in which event no interest shall be paid or applied under this
subsection.
(4) Where, by a decision of the Treasurer under section idem,
cLi tor court
18 or by a decision of the Supreme Court of Ontario or the judgment
Supreme Court of Canada, it is finally determined that the
tax payable by a taxpayer for a taxation year under this
Act is less than the amount assessed by the assessment under
section 8 to which the objection was made or from which the
appeal was taken and the decision makes it appear that there
has been an overpayment for the taxation year, the interest
payable under subsection 3 on that overpayment shall be
computed at 6 per cent instead of 3 per cent. 1960-61, c. 39,
s. 16 (3, 4), amended.
(5) Where a collection agreement is entered into and, by idem
virtue of a decision referred to in subsection 3 of section
57A of the F'ederal Act, that subsection applies to any over-
payment made under that Act in respect of tax payable by a
taxpayer for a taxation year, subsection 4 of this section
applies to any overpayment made under this Act in respect of
the same year that arose by virtue of the same decision. New.
(6) For the purpose of this section, "overpayment" means interpre-
the aggregate of all amounts paid on account of tax minus all
amounts payable under this Act or an amount so paid where
no amount is so payable. 1960-61, c. 39, s. 16 (5).
(7) Where a taxpayer is entitled to deduct under section ^^^^*^jj°*^j^
27 of the Federal Act in computing his taxable income for a of loss
taxation year an amount in respect of a loss sustained in the
taxation year immediately following the taxation year (here-
inafter in this subsection referred to as "the loss year"), and
the amount of the tax payable for the taxation year is relevant
in determining an overpayment for the purpose of computing
interest under subsection 3 for any portion of a period ending
43
16
on or before the last day of the loss year, the tax payable for
the taxation year shall be deemed to be the amount that it
would have been if the taxpayer were not entitled to deduct
any amount under section 27 of the Federal Act in respect
of that loss. 1960-61, c. 39, s. 16 (6), amended.
Notice of
objection
Service of
notice
Recon-
sideration
OBJECTIONS TO ASSESSMENTS
18. — (1) A taxpayer who objects to an assessment under
this Act may, within ninety days from the day of mailing of
the notice of assessment, serve on the Treasurer a notice of
objection in duplicate in prescribed form setting out the
reasons for the objection and all relevant facts. 1960-61,
c. 39, s. 17 (1).
(2) A notice of objection under this section shall be served
by being sent by registered mail addressed to the deputy
head. 1960-61, c. 39, s. 17 (2), amended.
(3) Upon receipt of the notice of objection, the Treasurer
shall with all due despatch reconsider the assessment and
vacate, confirm or vary the assessment or re-assess and he
shall thereupon notify the taxpayer of his action by registered
mail.
Idem
(4) A re-assessment made by the Treasurer pursuant to
subsection 3 is not invalid by reason only of not having been
made within four years from the day of mailing of a notice of
an original assessment or of a notification described in sub-
section 4 of section 8. 1960-61, c. 39, s. 17 (3, 4).
Right of
appeal of
taxpayer
Division E — Appeals to the Supreme Court of Ontario
19. — (1) A taxpayer who has served a notice of objection to
an assessment under subsection 1 of section 18 may appeal to
the Supreme Court to have the assessment vacated or varied
after either,
(a) the Treasurer has confirmed the assessment or re-
assessed; or
{b) 180 days have elapsed after service of the notice of
objection and the Treasurer has not notified the
taxpayer that he has vacated or confirmed the
assessment or re-assessed,
but no appeal under this section may be instituted after the
expiration of ninety days from the day notice has been mailed
to the taxpayer in accordance with subsection 3 of section 18
that the Treasurer has confirmed the assessment or re-assessed.
1960-61, r. 39, s. 18 (1), amended.
43
17
(2) No appeal from an assessment under this Act lies in where no
respect of the computation of the tax payable under Part I
of the Federal Act. New.
(3) An appeal under this section shall be instituted
serving upon the Treasurer a notice of appeal in duplicate
in the prescribed form and by filing a copy thereof with the
Registrar of the Supreme Court or the local registrar of the
court for the county or district in which the taxpayer appealing
resides.
\yy Notice of
appeal
(4) A notice of appeal shall be served upon the Treasurer ^^^^^^^^^
by being sent by registered mail addressed to the deputy
head. 1960-61, c. 39, s. 18 (2, 3), amended.
(5) The taxpayer appealing shall set out in the "otice ^^^^^^^5^^
of appeal a statement of the allegations of fact, the statutory
provisions and the reasons that he intends to submit in
support of his appeal. 1960-61, c. 39, s. 18 (4).
(6) The taxpayer appealing shall pay to the Registrar of^ppg^"
the Supreme Court or the local registrar of the court, as
the case may be, a fee of v^400, or such lesser amount as the
Treasurer requires, upon the filing of the copy of the notice
of appeal. 1960-61, c. 39, s. 18 (2-5), amended.
20. — (1) The Treasurer shall, within sixty days from the^tepiy
day the notice of appeal is received or within such further
time as a judge of the court may either before or after the
expiration of that time allow, serve on the appellant and
file in the court a reply to the notice of appeal admitting
or denying the facts alleged and containing a statement of
such further allegations of fact and of such statutory pro-
visions and reasons as he intends to rely on. 1960-61, c. 39,
s. 19 (1), amended.
(2) A judge of the court may, in his discretion, strike out striking
a notice of appeal or any part thereof for failure to comply amending
with subsection 5 of section 19 and may permit an amendment appeal
to be made to a notice of appeal or a new notice of appeal to
be substituted for the one struck out.
(3) A judge of the court may, in his discretion,
{a) strike out any part of a reply for failure to comply
with this section or permit the amendment of a
reply ; or
{b) strike out a reply for failure to comply with this
section and order a new reply to be filed within a
time to be fixed by the order.
Idem
43
18
of'appeai ^^^ Where a notice of appeal is struck out for failure to
where comply with subsection 5 of section 19 and a new notice of
struck out appeal is not filed as and when permitted by a judge of the
court, a judge of the court may, in his discretion, dispose of
the appeal by dismissing it.
of'amf^ai ^^^ Where a reply is not filed as required by this section
where reply or is struck out under this section and a new reply is not filed
strucK out * -^
as ordered by a judge of the court within the time ordered,
a judge of the court may dispose of the appeal ex parte or
after a hearing on the basis that the allegations of fact con-
tained in the notice of appeal are true. 1960-61, c. 39, s. 19
(2-5), amended.
Pleading
of other
matters
Disposal
of appeal
de'emed ^^' — ^^^ Upon the filing of the material referred to in
an action sections 19 and 20, the matter shall be deemed to be an action
in the court and, unless the court otherwise orders, ready for
hearing.
(2) Any fact or statutory provision not set out in the notice
of appeal or reply may be pleaded or referred to in such manner
and upon such terms as the court directs.
(3) The court may dispose of the appeal b\'.
(a) dismissing it;
(b) allowing it; or
(c) allowing it and,
(i) vacating the assessment,
(ii) varying the assessment,
(iii) restoring the assessment, or
(iv) referring the assessment back to the Treasurer
for reconsideration and re-assessment.
payment ('^) ^ he court may, in delivering judgment disposing of
an appeal, order payment or repayment of tax, interest,
penalties or costs by the taxpayer or the Treasurer. 1960-61,
c. 39, s. 20.
Proceedings 22. Proceedings under this Division shall be held in
tn camera ^
camera upon request made to the court by the taxpayer.
1960-61, c. 39, s. 21, amended.
s.c.o.
practice
to govern
23. The practice and procedure of tlie Supreme Court,
including the right of appeal and the practice and procedure
43
19
relating to appeals, apply to every matter deemed to be an
action under section 21, and every judgment and order given
or made in every such action ma\' be enforced in the same
manner and by the like process as a judgment or order given
or made in an action commenced in the court. 1960-61, c. 39,
s. 22.
24. An assessment shall not be vacated or varied on irregu-
appeal by reason only of any irregularity, informality, omis-
sion or error on the part of any person in the observation of
any directory provision of this Act or of the Federal Act where
such provision in that Act applies in respect of any action
under this Act. 1960-61, c. 39, s. 23, amended.
FART III — Administration and Enforcement
ADMINISTRATION
25.— (1) The Treasurer shall administer and enforce this Administra-
Act and control and supervise all persons employed to carry
out or enforce this Act and the deputy head may exercise all
the powers and perform the duties of the Treasurer under this
Act. 1960-61, c. 39, s. 24 (1), amended.
(2) The Treasurer may at anv time extend the time for Extensions
making a return under this Act. for returns
(3) The Treasurer may, if he considers it advisable in a^^curit^^
particular case, accept security for payment of taxes by way
of mortgage or other charge of any kind whatsoever on
property of the taxpayer or any other person or by way of
guarantee from other persons. 1960-61, c. 39, s. 24 (2, 3).
(4) Any person employed in connection with the adminis- ^^^^^'^*^^g
tration or enforcement of this Act may, in the course of his
employment,
(a) if he is designated by the Treasurer for the purpose;
or
(b) where a collection agreement is entered into, if he is
a person designated by the Minister under the
Federal Act for the purposes of subsection 5 of
section 116 of that Act,
administer oaths and take and receive affidavits, declarations
and affirmations for the purposes of or incidental to the
administration or enforcement of this Act or the regulations
and every person so designated has for such purposes all the
powers of a commissioner for taking affidavits. New.
43
20
Regulations 26. — (1) The Lieutenant Governor in Council may make
regulations,
(a) prescribing anything that, by this Act, is to be
prescribed or is to be determined or regulated by
regulation ;
(b) providing in any case of doubt the circumstances in
which, and extent to which, the Federal Regulations
apply; and
(c) generally to carry out the purposes of this Act.
1960-61, c. 39, s. 25, amended.
Application
of Federal
Regulations
(2) Except to the extent that they are inconsistent with
any regulations made under subsection 1 or are expressed by
any regulation made under subsection 1 to be inapplicable,
the Federal Regulations made under section 117 of the Federal
Act apply mutatis mutandis for the purposes of this Act with
respect to all matters enumerated in that section.
Publication
of k
regulations
(3) No regulation made under this Act or under the Federal
Act where it is applicable mutatis mutandis has effect for the
purposes of this Act until it has been published in The Ontario
Gazatte or The Canada Gazette, as the case may be, but, when
so published, a regulation is, if it so provides, effective with
reference to a period before it was published. New.
ENFORCEMENT
Taxes, etc
are debts
27. All taxes, interest, penalties, costs and other amounts
payable under this Act are debts due to Her Majesty in
right of Ontario and are recoverable as such in any court of
competent jurisdiction or in any other manner provided by
this Act. 1960-61, c. 39, s. 26.
certiflcat^e 28.— (1) An amount payable under this Act that has not
debtedness been paid or such part of an amount payable under this Act
as has not been paid may be certified by the Treasurer,
(a) where there has been a direction by the Treasurer
under subsection 2 of section 12, forthwith after such
direction; and
{b) otherwise, upon the expiration of thirty days after
the default.
Registration
of *■•
certificate
(2) On production to the Supreme Court, a certificate
made under this section shall be registered in the court and,
when registered, has the same force and effect and all pro-
43
21
ceediiigs may be taken thereon as if the certificate were a
judgment obtained in the court for a debt of the amount
specified in the certificate plus interest to the day of payment
as provided for in this Act.
(3) All reasonable costs and charges attendant upon the ^sts Jlt^/"^
registration of the certificate are recoverable in like manner
as if they had been certified and the certificate had been
registered under this section. New.
29. — (1) Where the Treasurer has knowledge or suspects ^f^^^^^g*^^'^
that a person is or is about to become indebted or liable to owed to^
make any payment to a person liable to make a payment
under this Act, he may, by registered letter or by a letter
served personally, require him to pay the moneys otherwise
payable to that person in whole or in part to the Treasurer
on account of the liability under this Act. 1960-61, c. 39,
s. 27 (1), amended.
(2) The receipt of the Treasurer for moneys paid as re- Effect of
quired under this section is a good and sufificient discharge of
the original liabilitv to the extent of the payment. 1960-61,
c. 39, s. 27 (2).
(3) Where the Treasurer has, under this section, required ^^o^^l'^'^i^s
an employer to pay to the Treasurer on account of an em- requisition
ployee's liability under this Act moneys otherwise payable
by the employer to the employee as remuneration, the require-
ment is applicable to all future payments by the employer to
the employee in respect of remuneration until the liability
under this Act is satisfied and operates to require payments
to the Treasurer out of each payment of remuneration of such
amount as is stipulated by the Treasurer in the registered
letter.
(4) Every person who has discharged any liability to a ^^i^fre^o^^
person liable to make a payment under this Act without comply ,
complying with a requirement under this section is liable to
pay to Her Majesty in right of Ontario an amount equal to
the liability discharged or the amount which he was required
under this section to pay to the Treasurer, whichever is the
lesser.
(5) Where the person who is or is about to become indebted f|rt^\°n ^^
or liable carries on business under a name or style other than ^^"^^
his own name, the registered or other letter under subsection 1
may be addressed to the name or style under which he carries
on business and, in the case of personal service, shall be
deemed to have been validly served if it has been left with an
adult person employed at the place of business of the addressee.
43
22
Service on
partnership
(6) Where the persons who are or are about to become
indebted or liable carry on business in partnership, the
registered or other letter under subsection 1 may be addressed
to the partnership name and, in the case of personal service,
shall be deemed to have been validly served if it has been
served on one of the partners or left with an adult person
employed at the place of business of the partnership. 1960-61,
c. 39, s. 27 (3-6), amended.
Seizure of
goods on
default in
payment
Sale of
goods
seized
30. — (1) Where a person has failed to make a payment as
required by this Act, the Treasurer, on giving ten days'
notice by registered mail addressed to his last known place
of residence, may, whether or not there is an objection to or
appeal in respect of the assessment not disposed of, issue a
certificate of the failure and direct that the goods and chattels
of the person in default that are located in Ontario be seized.
(2) Property seized under this section shall be kept for
ten days at the cost and charges of the owner and, if he does
not pay the amount due together with the costs and charges
within the ten days, the property seized shall be sold by
public auction.
Notice
of sale
(3) Except in the case of perishable goods, notice of the
sale setting forth the time and place thereof, together with a
general description of the property to be sold shall, a reason-
able time before the goods are sold, be published at least
once in one or more newspapers of general local circulation.
^'surpfus (4) Any surplus resulting from the sale after deduction of
the amount owing and all costs and charges shall be paid or
returned to the owner of the property seized.
^om^s'eizure (5) Such goods and chattels of any person in default as
would be exempt from seizure under a writ of execution issued
out of the Supreme Court are exempt from seizure under this
section. New.
demand
for
payment
Seizure of
goods for
failure to
comply
with
demand
31.— (1) Where the Treasurer suspects that a taxpayer
is about to leave Ontario or Canada, he may before the day
otherwise fixed for payment, by notice served personally
or by registered letter addressed to the taxpayer, demand
payment of all taxes, interest and penalties for which the
taxpayer is liable or would be liable if the time for payment
had arrived and the same shall be paid forthwith notwith-
standing any other provision of this Act.
(2) Where a person has failed to pay tax, interest or
penalties demanded under this section as required, the Trea-
surer may direct that the goods and chattels of the taxpayer
43
23
that are located in Ontario be seized and subsections 2 to 5
of section 30 are thereupon applicable mutatis mutandis.
1960-61, c. 39, s. 30, amended.
32. — (1) No action lies against any person for withholding £®^>^^
or deducting any sum of money in compliance or intended barred
compliance with this Act.
(2) Every person whose employer is required to deduct ^p^^yl^g^^
or withhold any amount from his remuneration under section
9 shall, from time to time as prescribed, file a return with
his employer in prescribed form.
(3) Every person failing to file a form as required by sub- f fj®*^* ^^
section 2 is liable to have the deduction or withholding from file return
his salary or wages under section 9 made as though he were
an unmarried person without dependants.
(4) Every person who deducts or withholds any amount Trust
under this Act shall be deemed to hold the amount so deducted
or withheld in trust for Her Majesty in right of Ontario.
1960-61, c. 39, s. 31 (1-4).
(5) All amounts deducted or withheld by a person under P^duotions
this Act shall be kept separate and apart from his own moneys separate
and, where a collection agreement is entered into, such amounts
shall be kept with amounts deducted or withheld by that
person under the Federal Act. New.
(6) Any person who has failed to deduct or withhold ''iny ^tJ^fre^ ^'''^
amount as required by this Act or a regulation is liable to to deduct
pay to Her Majesty in right of Ontario,
(a) if the amount should have been deducted or withheld
under section 9 from an amount that has been paid
to a person resident in Ontario, 10 per cent of the
amount that should have been deducted or with-
held; and
(b) in any other case, the whole amount that should
have been deducted or withheld,
together with interest thereon at the rate of 10 per cent per
annum. 1960-61, c. 39, s. 31 (7).
(7) Every person who has failed to remit or pay an amount Penalty for
deducted or withheld as required by this Act or a regulation to renait
is liable to a penalty of 10 per cent of that amount or $10,
whichever is the greater, in addition to the amount itself,
together with interest on the amount at the rate of 10. per
43
24
cent per annum ; but, where a collection agreement is entered
into, the Minister may refrain from levying or reduce the
penalty if the person who is liable therefor is liable to pay
a penalty under subsection 9 of section 123 of the Federal
Act by reason of a failure to pay an amount described in
paragraph a of that subsection.
Assessment (g) The Treasurer may assess any person for any amount
lor ^Dfiount' lit 11 1 'till
deducted that has been deducted or withheld by that person under
this Act or a regulation or that is payable by that person
under this section and, upon his sending a notice of assess-
ment to that person, Division D of Part II is applicable
mutatis mutandis.
prov'is'ions (^) ^'"'^ provisions of this Act that require a person to
applicable deduct or withhold an amount in respect of taxes from amounts
payable to a taxpayer are applicable to Her Majesty in right
of Ontario. 1960-61, c. 39, s. 31 (8-10), amended.
Agreements
not to
(10) Where this Act requires an amount to be deducted or
deduct void withheld, an agreement by the person on whom that obligation
is imposed not to deduct or withhold is void.
Effect of
receipt
(11) The receipt of the Treasurer for an amount withheld
or deducted by any person as required by or under this Act
is a good and sufificient discharge of the liability of an)'
debtor to his creditor with respect thereto to the extent of
the amount referred to in the receipt. 1960-61, c. 39, s. 31
(11, 12).
GENERAL
be^keptf ''° ^^* — ^^^ Every person carrying on business in Ontario
and every person who is required, by or pursuant to this
Act, to pay or collect taxes or other amounts shall keep
records and books of account (including an annual inventory
kept in prescribed manner) at his place of business or residence
in Ontario or at such other place as is designated by the
Treasurer, in such form and containing such information as
will enable the taxes payable under this Act or the taxes or
other amounts that should have been deducted, withheld or
collected to be determined. 1960-61, c. 39, s. 32 (1), amended.
Idem
(2) Where a person has failed to keep adequate records
and books of account for the purposes of this Act, the
Treasurer may require him to keep such records and books of
account as he specifies and that person shall thereafter keep
records and books of account as so required.
Retention
of records
(3) Every person required by this section to keep records
and books of account shall, until written permission for their
43
25
disposal is obtained from the Treasurer, retain every sucii
record or book of account and every account or voucher
necessary to verify the information in any such record or
book of account. 1960-61, c. 39, s. 32 (2, 3).
34. — (1) Any person thereunto authorized by the Treasurer Rigbt of
for any purpose related to the administration or enforcement
of this Act may, at all reasonable times, enter into any
premises or place where any business is carried on in Ontario
or any property is kept or anything is done in connection with
any business or any books or records are, or should be, kept
pursuant to this Act, and,
(a) audit or examine the books and records and any
account, voucher, letter, telegram or other document
that relates or may relate to the information that is
or should be in the books or records or the amount
of tax payable under this Act;
(b) examine property described by an inventory or any
property, process or matter an examination of which
may, in his opinion, assist him in determining the
accuracy of an inventory or in ascertaining the in-
formation that is or should be in the books or records
or the amount of any tax payable under this Act;
(c) require the owner or manager of the property or
business and any other person on the premises or
place to give him all reasonable assistance with his
audit or examination and to answer all proper
questions relating to the audit or examination either
orally or, if he so requires, in writing, on oath or
by statutory declaration and, for that purpose,
require the owner or manager to attend at the
premises or place with him; and
(d) if, during the course of an audit or examination, it
appears to him that there has been a contravention
of this Act or a regulation, seize and take away any
of the records, books, accounts, vouchers, letters,
telegrams and other documents and retain them
until they are produced in any court proceedings.
(2) The Treasurer may, for any purpose related to the ^^^''^'''''Jon
administration or enforcement of this Act, by registered letter information
or by a demand served personally, require from any person,
(a) any information or additional information, including
a return of income or a supplementary return; or
43
26
(b) production, or production on oath, of any books,
letters, accounts, invoices, statements (financial or
otherwise) or other documents,
within such reasonable time as is stipulated therein,
c. 39, s. 33 (1, 2), amended.
1960-61,
Search
warrants
(3) The Treasurer may, for any purpose related to the
administration or enforcement of this Act, with the approval
of a judge of the Supreme Court, which approval the judge is
hereby empowered to give upon ex parte application, authorize
in writing any officer of the Treasury Department, together
with such peace officers as he calls on to assist him and such
other persons as are named therein, to enter and search, if
necessary by force, any building, receptacle or place in
Ontario for documents, books, records, papers or things that
may afford evidence as to the contravention of any provision
of this Act or a regulation and to seize and take away any
such documents, books, records, papers or things and retain
them until they are produced in any court proceedings.
1960-61, c. 39, s. 33 (4), amended.
Inquiries
(4) The Treasurer may, for any purpose related to the
administration or enforcement of this Act, authorize any
person, whether or not he is an officer of the Treasury Depart-
ment, to make such inquiry as he deems necessary with
reference to anything relating to the administration or enforce-
ment of this Act. 1960-61, c. 39, s. 33 (6), amended.
Certified
copies of
documents
(5) Where any book, record or other document has been
seized, examined or produced under this section, the person
by whom it is seized or examined or to whom it is produced
or any officer of the Treasury Department may make, or cause
to be made, one or more copies thereof and a document pur-
porting to be certified by the Treasurer or a person thereunto
authorized by the Treasurer to be a copy made pursuant to
this section is admissible in evidence and has the same pro-
bative force as the original document would have if it had
been proven in the ordinary way.
Hindering (5) ^^ persou shall hinder or molest or interfere with any
person doing anything that he is authorized by or pursuant
to this section to do or prevent or attempt to prevent any
person doing any such thing and, notwithstanding any other
law to the contrary, every person shall, unless he is unable
to do so, do everything he is required by or pursuant to this
section to do. 1960-61, c. 39, s. 33 (7, 8), amended.
43
27
(7) Every person thereunto authorized by the Treasurer Admrnistra-
^ ',.■'. ^ . s rr • *10" of oaths
may administer or receive an oath, amrmation or statutory
declaration required to be given by or pursuant to this
section. Nemi.
(8) For the purpose of an inquiry authorized under sub-Powers on
section 4, the person authorized to make the inquiry has all
the powers and authority that may be conferred on a com-
missioner appointed under The Public Inquiries Act. 1960-61, ^•32^' ^^^^'
c. 39, s. ZZ (10).
35.— (1) Section 126A of the Federal Act applies wMto/w APPUca^tion
mutandis for the purposes of this Act where, in the same or of Federal
similar circumstances, that section is or would be applicable
for the purposes of the Federal Act.
(2) For the purposes of this section, a reference to the Reference to
Deputy Attorney General of Ontario shall be substituted for
any reference to the Deputy Attorney General of Canada in
section 126A of the Federal Act, but, where a collection
agreement is entered into, section 126A of the Federal, Act
shall be read without such reference being substituted. New.
36. Whether or not he has filed an information return as Filing of
, , , . , , 1 7 r 1 information
required by a regulation made under paragraph a oi sub- on demand
section 1 of section 117 of the Federal Act as it applies by
virtue of subsection 2 of section 26 of this Act, every person
shall, on demand by registered letter from the Treasurer, file
within such reasonable time as is stipulated in the registered
letter with the Treasurer such prescribed information return
as is designated in the letter. 1960-61, c. 39, s. 34, amended.
37. — (1) Every person who fails to comply with a regulation penalty for
made under paragraph d or e of subsection 1 of section 117 of co'mpfy*with
the Federal Act, as it applies by virtue of subsection 2 of sec- regulations
tion 26 of this Act, is liable in respect of each failure to so
comply to a penalty of $10 a day for each day of default
but not more than $2,500 in all.
(2) Every person who fails to comply with a regulation idem
made under section 26 or incorporated by reference by virtue
of subsection 2 thereof is liable to a penalty of $10 a day
for each day of default but not more than $2,500 in all.
1960-61, c. 39, s. 36, amended.
38. A return, certificate or other document made by a signature of
■' corporations
corporation pursuant to this Act or a regulation shall be
signed on its behalf by the president, secretary or treasurer
of the corporation or by any other officer or person thereunto
duly authorized by the board of directors or other governing
body of the corporation. 1960-61, c. 39, s. 37.
43
28
OFFENCES
Offence,
failure to
file return
Offences,
certain
Saving
Offences,
certain
39. — (1) Every person who fails to file a return as and
when required b}- or under this Act or a regulation is guilty
of an offence and, in addition to any penalty otherwise pro-
vided, is liable on summary conviction to a fine of not less
than S25 for each day of default.
(2) Every person who fails to comply with or contravenes
subsection 1 of section 9, subsection 5 of section 32, section 33
or section 34 is guilty of an ofTence and, in addition to any
penalty otherwise provided, is liable on summary conviction
to,
(a) a fine of not less than $200 and not more than
$10,000; or
(b) both the fine described in clause a and imprisonment
for a term of not more than six months. 1960-61,
c. 39, s. 38 (1, 2), amended.
(3) Where a person has been convicted under this section
of failing to comply with a provision of this Act or a regula-
tion, he is not liable to pay a penalty imposed under section 15,
32 or 37 for the same failure unless he was assessed for that
penalty or that penalty was demanded from him before the
information giving rise to the conviction was laid. 1960-61,
c. 39, s. 38 (3).
40. Every person who has,
(a) made, or participated in, assented to or acquiesced
in the making of, false or deceptive statements in a
return, certificate, statement or answer filed or made
as required by or under this Act or a regulation;
{b) to evade payment of a tax imposed by this Act,
destroyed, altered, mutilated, secreted or otherwise
disposed of the records or books of account of a
taxpayer ;
(r) made, or assented to or acquiesced in the making
of, false or deceptive entries, or omitted, or assented
to or acquiesced in the omission, to enter a material
particular in records or books of account of a tax-
payer ;
{d) wilfully, in any manner, evaded or attempted to
evade compliance with this Act or payment of taxes
imposed by this Act; or
43
29
(e) conspired with any person to commit an offence
described by clauses a to d,
is guilty of an offence and, in addition to any penalty other-
wise provided, is liable on summary- conviction to,
(/) a fine of not less than $25 and not more than $10,000
plus, in an appropriate case, an amount not more
than double the amount of the tax that should have
been shown to be payable or that was sought to be
evaded; or
(g) both the fine described in clause /and imprisonment
for a term of not more than two years. 1960-61,
c. 39, s. 39 (1).
41. Where a collection agreement is entered into ^"d dL'cretfoif ^
proceedings under section 131 or 132 of the Federal Act are
taken against any person, the Minister may take or refrain
from taking any action against such person contemplated by
section 39 or 40 of this Act, as the case may be. New.
42. — (1) Every person who, while emploved in the ad- Offence,
• • 11 sGcr©cv
ministration of this Act, has communicated or allowed to be
communicated to a person not legally entitled thereto any
information obtained under this Act or has allowed any such
person to inspect or have access to any written statement
furnished under this Act is guilty of an offence and on sum-
mary conviction is liable to a fine of not more than S200.
1960-61, c. 39, s. 40, amended.
(2) Where a collection agreement is entered into, this where
. , , , * . . ,..,.. section not
section does not apply to the communication ot intormation applicable
between the Minister and the Treasurer. New.
43. Where a corporation is guilty of an offence under this liability of
. ,.,- ,.^ r 1 • 1 corporation
Act, an oiTicer, director or agent oi the corporation who officers
directed, authorized, assented to, acquiesced in, or participated
in, the commission of the offence is a party to and guilty of
the offence and on summar\- conviction is liable to the punish-
ment provided for the offence whether or not the corporation
has been prosecuted or convicted.
44. Notwithstanding any other statute or law in force at No decrease
, , r T • » 1 • .in penalties
the commencement ot this Act, a court has, in any prosecution
or proceeding under this Act, no power to impose less than
the minimum fine or imprisonment fixed by this Act and a
court has no power to suspend sentence. 1960-61, r. 39,
ss. 41, 42.
43
30
PROCEDURE AND EVIDENCE
^f's^S'of 45.— (1) Section 136 of the Federal Act applies mutatis
Federal Act fnufaitdis with respect to procedure and evidence relating to
an information under this Act.
Application
of certain
references
(2) Where a collection agreement is entered into, the
references in section 136 of the Federal Act to the Royal
Canadian Mounted Police and to an officer of the Department
of National Revenue apply under this Act; but, where no
collection agreement is entered into, a reference to the Royal
Canadian Mounted Police in that section shall be construed
as a reference to the Ontario Provincial Police Force and any
reference to an officer of the Department of National Revenue
shall be construed as a reference to an officer of the Treasury
Department. New.
PART IV — Collection of Tax
COLLECTION AGREEMENT
Agreement
authorized
46. — (1) The Treasurer, with the approval of the Lieu-
tenant Governor in Council, may, on behalf of the Government
of Ontario, enter into a collection agreement with the Govern-
ment of Canada pursuant to which the Government of
Canada will collect taxes payable under this Act on behalf
of Ontario and will make payments to Ontario in respect
of the taxes so collected in accordance with such terms and
conditions as the collection agreement prescribes.
Supple-
mental
agreements
authorized
(2) The Treasurer, with the approval of the Lieutenant
Governor in Council, may, on behalf of the Government of
Ontario, enter into an agreement amending the terms and
conditions of a collection agreement entered into pursuant
to subsection 1.
Transfer
of powers
and duties
(3) Where a collection agreement is entered into, the
Minister, on behalf of, or as agent for, the Treasurer, is
hereby authorized to employ all the powers, to perform all
the duties and to exercise any discretion that the Treasurer
or the deputy head has under this Act including the discretion
to refuse to permit the production in judicial or other pro-
ceedings in Ontario of any document that it is not, in the
opinion of the Minister, in the interests of public policy to
produce.
Idem (4) Where a collection agreement is entered into, the
Deputy Minister of National Revenue for Taxation of Canada
may,
43
31
(a) employ all the powers, perform the duties and exer-
cise any discretion that the Minister has under
subsection 3 or otherwise under this Act; and
(6) designate officers of his Department to carry out
such functions, duties and powers as are similar to
those that are exercised by them on his behalf under
the Federal Act. 1960-61, c. 40, s. 1, amended.
PAYMENTS ON ACCOUNT
47. — (1) A collection agreement may provide that, where Application^
any payment is received by the Minister on account of tax by taxpayer
payable by a taxpayer for a taxation year under this Act,
the Federal Act or an income tax statute of another agreeing
province, or under any two or more such Acts or statutes,
the payment so received may be applied by the Minister
towards the tax payable by the taxpayer under any such
Act or statute in such manner as is specified in the agreement,
notwithstanding that the taxpayer directed that the payment
be applied in any other manner or made no direction as to
its application.
(2) Any payment or part thereof applied by the Minister j¥^<'j^[jVi"ther
in accordance with a collection agreement towards the tax
payable by a taxpayer for a taxation year under this Act
relieves the taxpayer of liability to pay such tax to the extent
of the payment or part thereof so applied. New.
DEDUCTIONS AT SOURCE
48. Where a collection agreement is entered into and an where no
amount is remitted to the A4inister under section 9 on account employee
of the tax of an individual who is resident on the last day of
the taxation year in another agreeing province, no action
lies for recovery of such amount by that individual.
49. — (1) Where a collection agreement is entered into, an ^jP^pi^^^^ipJ^
individual resident in Ontario on the last day of the taxation by employee
year is not required to remit any amount on account of tax
payable by him under this Act for the taxation year to the
extent of the amount deducted or withheld on account of his
tax for that year under the income tax statute of another
agreeing province.
(2) Where the total amount deducted or withheld on I'i®"^
account of tax payable under this Act and under the income
tax statute of another agreeing province by an individual
resident in Ontario on the last day of the taxation year to
whom subsection 1 applies exceeds the tax payable by him
43
32
under this Act for that year, section 17 of this Act applies in
respect of such individual as though the excess were an over-
payment under this Act. New.
RECIPROCAL ENFORCEMENT OF JUDGMENTS
ofYudgments 50. — (1) A judgment of a superior court of an agreeing
province under that province's income tax statute, including
any certificate registered in such superior court in a manner
similar to that provided in subsection 2 of section 28, may be
R.s.o. I960, enforced in the manner provided in The Reciprocal Enforce-
ment of Judgments Act.
Idem
idem
(2) For the purposes of subsection 1, where a judgment of
a superior court of an agreeing province is sought to be
registered under The Reciprocal Enforcement of Judgments Act,
such judgment shall be registered, notwithstanding that it is
established that one or more of the provisions of section 3 of
that Act apply.
(3) For the purposes of subsection 1, the Lieutenant
Governor in Council may make regulations to enable the
enforcement of judgments in respect of taxes in agreeing
provinces to be enforced in Ontario. New.
Repeal:
1947, c. 48
1948, c. 45
1949, c. 43
R.S.O. 1950,
c. 175
1951, c. 38
1952. f. 40
1952 (2nd
Sess.), c. 1
1953, c. 20
1960-61,0.39
1980-61, C. 40
PART V — Transitional, etc.
51. The following are repealed:
1. The Income Tax Suspension Act, 1947.
2. The Income Tax Suspension Act, 1948.
3. The Income Tax Suspension Act, 1949.
4. The Income Tax Act.
5. The Income Tax Suspension Act, 1951.
6. The Income Tax Suspension Act, 1952.
7. The Corporations and Income Taxes Suspension Act,
1952.
8. The Corporations and Income Taxes Suspension
Amendment Act, 1953.
9. The Income Tax Act, 1960-61.
10. The Income Tax Agency Agreement Act, 1960-61.
43
33
52. This Act comes into force on the day it receives Roval commence-
A . "^ ■' ment
Assent.
53. This Act may be cited as The Income Tax Act, 1961-62. short title
43
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BILL 43
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
The Income Tax Act, 1961-62
Mr. Allan (Haldimand -Norfolk)
TORONTO
Printed and Published by Frank Fogc, Queen's Printer
f
BILL 43 1961-62
The Income Tax Act, 1961-62
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
PART I — Interpretation
l.~(l) In this Act, .%"*'"^-
tation
1. "agreeing province" means a province that has
entered into a collection agreement with the Govern-
ment of Canada for the collection of tax under its
income tax statute;
2. "amount" means money, rights or things expressed
in terms of the amount of money or the value in
terms of money of the right or thing;
3. "assessment" includes a re -assessment;
4. "business" includes a profession, calling, trade,
manufacture or undertaking of any kind whatsoever
and includes an adventure or concern in the nature
of trade but does not include an office or employ-
ment;
5. "collection agreement" means an agreement entered
into pursuant to subsection 1 of section 46;
6. "corporation" includes an incorporated company
and a "corporation incorporated in Canada" includes
a corporation incorporated in any part of Canada
before or after it became part of Canada;
7. "deputy head" means the Deputy Provincial
Treasurer, or, where a collection agreement is
entered into, means the Deputy Minister of National
Revenue for Taxation ;
43
8. "employed" means performing the duties of an
office or employment;
9. "employee" includes officer;
10. "employer", in relation to an officer, means the
person from whom the officer receives his remunera-
tion;
K.S.C. 1952. 11 "Federal Act" means the Income Tax Act (Canada);
12. "Federal Regulations" means the regulations made
pursuant to the Federal Act;
13. "fiscal period" means a fiscal period determined in
accordance with and for the purposes of the Federal
Act;
14. "income tax statute" means, with reference to an
agreeing province, the law of that province that
imposes a tax similar to the tax imposed under
this Act;
15. "individual" means a person other than a cor-
poration, and includes a trust or estate as defined
in subsection 1 of section 63 of the Federal Act;
16. "loss" means a loss as determined in accordance
with and for the purposes of the Federal Act;
17. "Minister" means the Minister of National Revenue
for Canada, but in any provision of the Federal Act
that is incorporated by reference in this Act, unless
a collection agreement has been entered into, a
reference to the Minister shall be read and construed
for the purposes of this Act as a reference to the
Treasurer;
18. "permanent establishment" means permanent estab-
lishment as defined in the Federal Regulations;
19. "person", or any word or expression descriptive of a
person, includes any body corporate and politic, and
the heirs, executors, administrators or other legal
representatives of such person, according to the law
of that part of Canada to which the context extends;
20. "prescribed", in the case of a form or the information
to be given on a form, means prescribed by order
of the Treasurer, and, in any other case, means pre-
scribed by regulation;
43
21. "province" does not include the Northwest Ter-
ritories or the Yukon Territory;
22. "Receiver General of Canada" means the Receiver
General of Canada, but in any provision of the
Federal Act that is incorporated by reference in this
Act, unless a collection agreement is entered into,
a reference to the Receiver General of Canada shall
be read and construed for the purposes of this Act
as a reference to the Treasurer;
23. "regulation" means a regulation made under this
Act;
24. "taxable income" means taxable income as deter-
mined in accordance with and for the purposes of
the Federal Act subject to variation on objection
or on appeal, if any, in accordance with the Federal
Act;
25. "taxation year" means a calendar year, and, when
a taxation year is referred to by reference to a
calendar year, the reference is to the taxation year
or years coinciding with, or ending in, that year;
26. "taxpayer" includes any person whether or not liable
to pay tax;
27. "Treasurer" means the Treasurer of Ontario, or,
where a collection agreement is entered into, means,
i. in relation to the remittance of any amount
as or on account of tax payable under this
Act, the Receiver General of Canada, and
ii. in relation to any other matter, the Minister.
1960-61, c. 39. s. 44 (1), amended.
(2) The expression "last day of the taxation year" has thei<^era
meaning given to it in subsection 2 of section ^^ of the Federal
Act.
(3) The tax payable by a taxpayer under this Act or under idem
Part I of the Federal Act means the tax payable by him as
fixed by assessment or re-assessment subject to variation on
objection or on appeal, if any, in accordance with this Act
or Part I of the Federal Act, as the case may be.
(4) For the purposes of this Act, except where they are ^ciem
at variance with the definitions contained in this section,
the definitions and interpretations contained in or made by
regulation under the Federal Act apply,
43
Idem
(5) In any case of doubt, the provisions of this Act shall
be appHed and interpreted in a manner consistent with similar
provisions of the Federal Act. New.
PART II— Income Tax
Division A — Liability for Tax
Individuals
2. An income tax shall be paid as hereinafter required for
each of the 1962 to 1966 taxation years, inclusive, by every
individual,
(a) who was resident in Ontario on the last day of the
taxation year; or
(6) who, not being resident in Ontario on the last day
of the taxation year, had income earned in the
taxation year in Ontario as defined in clause h of
subsection 4 of section 3. 1960-61, c. ?>9, s. 1,
amended.
Division B — Computation of Tax
individual income tax
Rate,
individuals
3. — (1) The tax payable under this Act for a taxation
year by an individual who resided in Ontario on the last
day of the taxation year and had no income earned in the
taxation year outside Ontario is the percentage of the tax
payable under the Federal Act for that year specified in subsec-
tion 3.
Idem (2) The tax payable under this Act for a taxation year by
an individual,
(a) who resided in Ontario on the last day of the taxation
year but had income earned in the taxation year out-
side Ontario; or
{b) who did not reside in Ontario on the last day of the
taxation year but had income earned in the taxation
year in Ontario,
is the amount that bears the same relation to the percentage
of the tax payable under the Federal Act for that year speci-
fied in subsection 3 that his income earned in the taxation
year in Ontario bears to his income for the year.
Idem (3) For the purposes of this section, the percentage of the
tax payable under the Federal Act to be used for computing
the tax payable under this section is,
43
(a) 16 per cent in respect of the 1962 taxation year;
(b) 17 per cent in respect of the 1963 taxation year;
(c) 18 per cent in respect of the 1964 taxation year;
(d) 19 per cent in respect of the 1965 taxation year; and
(e) 20 per cent in respect of the 1966 taxation year.
(4) In this section, interpre-
tation
(a) "tax payable under the Federal Act" means the
amount of tax payable under Part I of the Federal
Act, other than under regulations made pursuant
to section 66 thereof, for the taxation year in respect
of which that expression is being applied, minus
any amount included in computing that amount by
virtue of subsection 3 of section 10 of the Old ^geR|^c. 1952,
Security Act (Canada), plus any amount deducted
in computing that amount by virtue of sections 33
and 41 of the Federal Act;
(b) "income earned in the taxation year in Ontario"
means the income earned in the taxation year in
Ontario as determined in accordance with regulations
made under paragraph a of subsection 3 of section 33
of the Federal Act;
(c) "income earned in the taxation year outside Ontario"
means income for the year minus income earned in the
taxation year in Ontario; and
(d) "income for the year" means,
(i) in the case of an individual resident in
Canada during part only of the taxation year
in respect of whom section 29 of the Federal
Act applies, his income for the period or
periods in the year referred to in paragraph a
of that section as determined in accordance
with and for the purposes of the Federal Act,
(ii) in the case of an individual not resident in
Canada at any time during the taxation year,
his income for the year from all duties per-
formed by him in Canada and all businesses
carried on by him in Canada as determined in
accordance with and for the purposes of the
Federal Act, and
43
(iii) in the case of any other individual, his income
for the year as determined in accordance with
and for the purposes of the Federal Act.
1960-61, c. 39, s. 2, amended.
Division C — Special Cases
Rate,
armed
forces
ARMED FORCES
4.— (1) Every individual who is liable to tax in accordance
with regulations made pursuant to section 66 of the Federal
Act shall, in accordance with regulations made by the
Lieutenant Governor in Council, pay a tax for each taxation
month in the five-year period commencing on the 1st day of
January, 1962, if he was resident in Ontario on the first day
of that taxation month.
Idem
(2) The tax payable for a taxation month by an individual
to whom subsection 1 applies shall be computed in accordance
with tables to be prescribed on the basis of the rates set out
in section 3.
of^^ax" ^'®" (3) Except as provided in regulations made pursuant to
payabie^^ subsection 1, the tax payable by an individual under this
section shall be in lieu of tax otherwise payable under this
Act.
Place of
residence
(4) For the purposes of subsection 1, an individual shall be
deemed to be resident in Ontario on the first day of a taxation
month where, for the purposes of Part XXIII of the Federal
Regulations, he is deemed to be resident in Ontario on that
dav.
tatfo'n'^^ (5) In this section, "taxation month" means a taxation
month as defined for the purposes of Part XXIII of the
Federal Regulations. New.
Exemptions
Returns
EXEMPTIONS
5. No tax is payable under this Act by any person for
a period when that person was exempt from tax by virtue of
subsection 1 of section 62 of the Federal Act, and any defini-
tions or descriptions in the Federal Act applying to any such
person apply mutatis mutandis for the purposes of this Act
unless otherwise provided. New.
Division D — Returns, Assessments, Payment and Appeals
RETURNS
6. — (1) A return for each taxation year for which a tax is
payable under this Act shall, without notice or demand
43
therefor, be filed with the Treasurer in prescribed form and
containing prescribed information,
(a) in the case of a person who has died without making
the return, by his legal representatives, within six
months from the day of death;
(b) in the case of an estate or trust, within ninety days
from the end of the year;
(c) in the case of any other person, on or before the
30th day of April in the next year, by that person or,
if he is unable for any reason to file the return, by
his guardian, curator, tutor, committee or other legal
representative; or
(d) in a case where no person described by clause a or
c has filed the return, by such person as is required
by notice in writing from the Treasurer to file the
return, within such reasonable time as the notice
specifies.
(2) Whether or not he is liable to pay tax under this Act Return oa
for a taxation year and whether or not a return has been*^®"^*'^
filed under subsection 1 or 3, every person shall, on demand
by registered letter from the Treasurer, file, within such
reasonable time as is stipulated in the registered letter, with
the Treasurer in prescribed form and containing prescribed
information a return for the taxation year designated in the
letter.
(3) Every trustee in bankruptcy, assignee, liquidator. Trustees.
curator, receiver, trustee or committee and every agent or® °*
other person administering, managing, winding up, controlling
or otherwise dealing with the property, business, estate or
income of a person who has not filed a return for a taxation
year as required by this section shall file a return in prescribed
form for that year in respect of that person.
(4) Where a partner or an individual who is a proprietor Death of
of a business died after the close of a fiscal period but before proprietor
the end of the calendar year in which the fiscal period closed,
a separate return for the period after the close of the fiscal
period to the time of death may be filed and, if such a separate
return is filed, the tax payable with respect to the period after
the close of the fiscal period to the time of death shall be paid
as if that tax were tax payable by another person. 1960-61,
c. 39, s. 4, amended.
43
ESTIMATE OF TAX
Estimates
7. Every person required by section 6 to file a return shall
in the return estimate the amount of tax payable. 1960-61,
c. 39, s. 5, amended.
ASSESSMENT
Rules re
assessment
Idem
8. — (1) The Treasurer shall, with all due despatch, examine
each return required to be filed under this Act and assess
the tax for the taxation year and the interest and penalties,
if any, payable.
(2) After examination of a return, the Treasurer shall send
a notice of assessment to the person by whom the return
was filed.
Idem
Idem
Idem
(3) Liability for tax under this Act is not affected by an
incorrect or incomplete assessment or by the fact that no
assessment has been made.
(4) The Treasurer may at any time assess tax, interest or
penalties under this Act or notify in writing any person by
whom a return for a taxation year has been filed that no tax
is payable for a taxation year, and may,
(a) at any time, if the taxpayer or person filing the
return.
(i) has made any misrepresentation or com-
mitted any fraud in filing the return or in
supplying any information under this Act, or
(ii) has filed with the Treasurer a waiver in
prescribed form within four years from the day
of mailing of a notice of an original assessment
or of a notification that no tax is payable for
a taxation year; and
(b) within four years from the day referred to in sub-
clause ii of clause a in any other case,
re-assess or make additional assessments, or assess
interest or penalties, as the circumstances require.
tax,
(5) Where a collection agreement is entered into, not-
withstanding that more than four years have elapsed since
the day referred to in subclause ii of clause a of subsection 4,
the Minister shall re-assess or make additional assessments,
or assess tax, interest or penalties, as the circumstances
require, where the tax payable under Part I of the Federal
Act is re-assessed.
43
(6) Where a taxpayer has filed the return required by idem
section 6 for a taxation year and, within one year from the
day on or before which he was required by section 6 to file
the return for that year, has filed an amended return for
the year claiming a deduction from income under paragraph e
of subsection 1 of section 27 of the Federal Act, in respect
of a business loss sustained in the taxation year immediately
following that year, the Treasurer shall re-assess the tax-
payer's tax for the year.
(7) The Treasurer is not bound by a return or information i<^6™
supplied by or on behalf of a taxpayer and, in making an
assessment, may, notwithstanding a return or information so
supplied or if no return has been filed, assess the tax payable
under this Act.
(8) An assessment shall, subject to being varied or vacated ^**®"^
on an objection or appeal under this Act and subject to a
re-assessment, be deemed to be valid and binding notwith-
standing any error, defect or omission therein or in any
proceeding under this Act relating thereto. 1960-61, c. 39,
s. 6, amended.
PAYMENT OF TAX
9. — (1) Every person paying, withholding
(a) salary or wages or other remuneration to an officer
or employee;
{h) a superannuation or pension benefit;
(c) a retiring allowance;
{d) an amount upon or after the death of an officer or
employee, in recognition of his services, to his legal
representative or widow or to any other person what-
soever ;
(e) an amount as a benefit under a supplementary
unemployment benefit plan;
(/) an annuity payment;
(g) fees, commissions or other amounts for services; or
{h) a payment under a deferred profit-sharing plan or a
plan referred to in section 79C of the Federal Act
as a revoked plan,
43
10
at any time in a taxation year shall deduct or withhold therefrom
such amount as is prescribed and shall, at such time as is
prescribed, remit that amount to the Treasurer on account
of the payee's tax for the year under this Act.
Payment of (2) Where amounts have been deducted or withheld under
this section from the remuneration received by an individual
in a taxation year, if the total of such amounts is equal to
or greater than three-quarters of the tax payable for the
year, he shall, on or before the 30th day of April in the next
year, pay to the Treasurer the remainder of his tax for the
year as estimated under section 7.
Effect of
deduction
Farmers
and
fishermen
Idem, where
collection
agreement
All others
(3) Where an amount has been deducted or withheld under
subsection 1, it shall, for all the purposes of this Act, be
deemed to have been received at that time by the person to
whom the remuneration, benefit, payment, fees, commissions
or other amounts were paid. 1960-61, c. 39, s. 7, amended.
10. — (1) Every individual whose chief source of income is
farming or fishing shall pay to the Treasurer,
(a) on or before the 31st day of December in each taxa-
tion year, two-thirds of the tax as estimated by him
at the rate for the year on his estimated tax payable
under the Federal Act for the year or on his tax
payable under the Federal Act for the immediately
preceding year; and
{b) on or before the 30th day of April in the next year,
the remainder of the tax as estimated under section 7.
(2) Where a collection agreement is entered into, an
individual to whom subsection 1 applies shall pay an amount
under clause a thereof computed in respect of the same year
as the amount is computed that he is liable to pay under
paragraph a of section 48 of the Federal Act. 1960-61, c. 39,
s. 8, amended.
11. — (1) Every individual, other than one to whom sub-
section 2 of section 9 or section 10 applies, shall pay to the
Treasurer,
(a) on or before the 31st day of March, the 30th day
of June, the 30th day of September and the 31st
day of December, respectively, in each taxation
year, an amount equal to one-quarter of the tax as
estimated by him at the rate for the year on his
estimated tax payable under the Federal Act for
the year or on his tax payable under the Federal
Act for the immediately preceding year; and
43
11
(b) on or before the 30th day of April in the next year,
the remainder of the tax as estimated under section 6.
(2) Where a collection agreement is entered into, an in- idem, where
dividual to whom subsection 1 applies shall pay an amount agreement
under clause a thereof computed in respect of the same year
as the amount is computed that he is liable to pay under
paragraph a of section 49 of the Federal Act.
(3) For the purposes of section 10 and this section, "taxi^terpre-
payable under the Federal Act" for a taxation year has the
meaning given that expression in clause a of subsection 4 of
section 3, whether such taxation year is before or after the
coming into force of this Act. 1960-61, c. 39, s. 9, amended.
12. — (1) The taxpayer shall, within thirty days from the Payment
day of mailing of the notice of assessment, pay to the Treasurer remainder
any part of the assessed tax, interest and penalties then
remaining unpaid, whether or not an objection to or appeal
from the assessment is outstanding.
(2) Where, in the opinion of the Treasurer, a taxpayer is forthwith
attempting to avoid payment of taxes, the Treasurer may
direct that all taxes, penalties and interest be paid forthwith
upon assessment. 1960-61, c. 39, s. 10, amended.
13. Sections 52 and 53, paragraph e of subsection 13 of ^f^Pertain""
section 63 and paragraph a of subsection 2 of section 64 p''"^^^^*o'^s
of the Federal Act apply mutatis mutandis in respect of the
payment of tax under this Act for a taxation year by a tax-
payer subject to tax under this Act to whom the said provisions
apply in respect of tax payable under the Federal Act for the
same taxation year. New.
INTEREST
14. — (1) Where the amount paid on account of tax pay- General
able by a taxpayer under this Act for a taxation year before
the expiration of the time allowed for filing the return for
that year is less than the amount of tax payable for the year
under this Act, the person liable to pay the tax shall pay
interest on the difference between those two amounts from the
expiration of the time for filing the return to the day of
payment at the rate of 6 per cent per annum.
(2) In addition to the interest payable under subsection 1 , in8Uiment"s
where a taxpayer, being required by this Act to pay a part
or instalment of tax, has failed to pay all or any part thereof
as required, he shall, on payment of the amount he failed to
pay, pay interest at 6 per cent per annum from the day on
43
12
or before which he was required to make the payment to the
day of payment or the beginning of the period in respect of
which he becomes liable to pay interest thereon under sub-
section 1, whichever is earher.
Limitation
(3) For the purposes of subsection 2, where a taxpayer is
required to pay a part or instalment of tax for a taxation
year as estimated by him with reference to a preceding year
or with reference to the taxation year, he shall be deemed
to have been liable to pay a part or instalment computed by
reference to his tax for,
(a) the preceding year; or
(b) the taxation year,
whichever is the lesser.
Instalments,
where
collection
agreement
(4) Notwithstanding subsection 3, where a collection agree-
ment is entered into, for the purposes of subsection 2 the
taxpayer shall be deemed to have been liable to pay a part
or instalment computed by reference to his tax for the same
year as the year by reference to which the part or instalment
that he is deemed by subsection 4 of section 54 of the Federal
Act to be liable to pay was computed.
Participa-
tion cer-
tificates
(5) Notwithstanding any other provision in this section,
no interest is payable in respect of the amount by which the
tax payable by a person is increased by a payment made by
the Canadian Wheat Board on a participation certificate
previously issued to him until thirty days after the payment
is made.
Where
income
in other
countries
barred from
Canada
(6) Where the income of a taxpayer for a taxation year,
or part thereof, is from sources in another country and the
taxpayer by reason of monetary or exchange restrictions
imposed by the law of that country is unable to transfer it
to Canada, the Treasurer may, if he is satisfied that payment
as required by this Act of the whole of the additional tax
under this Act for the year reasonably attributable to income
from sources in that country would impose extreme hardship
on the taxpayer, postpone the time for payment of the whole
or a part of that additional tax for a period to be determined
by the Treasurer, but no such postponement may be granted
if any of the income for the year from sources in that country
has been,
(a) transferred to Canada;
43
13
(b) used by the taxpayer for any purpose whatsoever,
other than payment of income tax to the government
of that other country on income from sources therein ;
or
(c) disposed of by him,
and no interest is payable under this section in respect of
that additional tax, or part thereof, during the period of
postponement.
(7) Where a taxpayer is entitled to deduct under section ^T f^^p^^^,^
of the Federal Act in computing his taxable income for a of loss
taxation year an amount in respect of a loss sustained in
the taxation year immediately following the taxation year
(hereinafter in this subsection referred to as "the loss year"),
for the purpose of computing interest under subsection 1 or
2 on tax or a part or instalment of tax for the taxation year
for any portion of the period in respect of which the interest
is payable on or before the last day of the loss year, the tax
payable for the taxation year shall be deemed to be the
amount that it would have been if the taxpayer were not
entitled to deduct any amount under section 27 of the Federal
Act in respect of that loss. 1960-61, c. 39, s. 13, amended.
PENALTIES
15. — (1) Every person who has failed to make a return as Failure to
and when required by subsection 1 of section 6 is liable to a return
penalty of,
(a) an amount equal to 5 per cent of the tax that was
unpaid when the return was required to be filed,
if the tax payable under this Act that was unpaid
at that time was less than $2,000; and
(b) $100, if at the time the return was required to be
filed tax payable under this Act equal to $2,000 or
more was unpaid.
(2) Every person who has failed to file a return as required ^^^^
by subsection 3 of section 6 is liable to a penalty of $10 for
each day of default but not more than $50 in all.
(3) Every person who has failed to complete the informa- Failure to
. • Mir • , , complete
tion on a prescribed form as required by or pursuant to information
section 6 is, unless the Treasurer has waived it, liable to a
penalty,
43
14
(a) of 1 per cent of the tax payable under this Act but,
whether he is taxable or not, not less than $25 or
more than $100; or
(b) of such lesser amount as the Treasurer has fixed in
respect of the specific failure.
Idem, where
collection
agreement
(4) Where a collection agreement is entered into, the
Minister may refrain from levying or may reduce a penalty
provided in this section, if the person who is liable to such
penalty is required to pay a penalty under section 55 of the
Federal Act. 1960-61, c. 39, s. 14, amended.
statements
and
omissions
in returns
16. Every person who, knowingly or under circumstances
amounting to gross negligence in the carrying out of any duty
or obligation imposed by or under this Act, has made, or has
participated in, assented to or acquiesced in the making of,
a statement or omission in a return, certificate, statement or
answer filed or made as required by or under this Act or a
regulation, as a result of which the tax that would have been
payable by him for a taxation year if the tax had been assessed
on the basis of the information provided in the return, certi-
ficate, statement or answer is less than the tax payable by
him for the year, is liable to a penalty of 25 per cent of the
amount by which the tax that would so have been payable
is less than the tax payable by him for the year. 1960-61,
c. 39, s. 15 (2).
REFIND OF OVERPAYMENT
Refunds
17. — (1) If the return required to be filed by a taxpayer
for a taxation year has been made within four years from the
end of the year, the Treasurer,
(a) may, upon mailing the notice of assessment for the
year, refund, without application therefor, any
overpayment made on account of the tax; and
(b) shall make such a refund after mailing the notice
of assessment if application therefor has been made
in writing by the taxpayer within four years from
the end of the year.
Application
to other
taxes
(2) Instead of making a refund that might otherwise be
made under this section, the Treasurer may, where the tax-
payer is liable or about to become liable to make another
payment under this Act, apply the amount of the overpay-
ment to that other liability and notify the taxpayer of that
action. 1960-61, c. 39, s. 16 (1, 2).
43
4
15
(3) Where an amount in respect of an overpayment is interest
refunded or applied under this section on other liabiHty, payments
interest at the rate of 3 per cent per annum shall be paid or
applied thereon for the period commencing with the latest of,
(a) the day when the overpayment arose;
(b) the day on or before which the return in respect
of which the tax was paid was required to be filed; or
(c) the day when the return was actually filed,
and ending with the day of refunding or application aforesaid,
unless the amount of the interest so calculated is less than $1,
in which event no interest shall be paid or applied under this
subsection.
(4) Where, by a decision of the Treasurer under section idem,
3.1 tsi* court
18 or by a decision of the Supreme Court of Ontario or the judgment
Supreme Court of Canada, it is finally determined that the
tax payable by a taxpayer for a taxation year under this
Act is less than the amount assessed by the assessment under
section 8 to which the objection was made or from which the
appeal was taken and the decision makes it appear that there
has been an overpayment for the taxation year, the interest
payable under subsection 3 on that overpayment shall be
computed at 6 per cent instead of 3 per cent. 1960-61, c. 39,
s. 16 (3, 4), amended.
(5) Where a collection agreement is entered into and, by idem
virtue of a decision referred to in subsection 3 of section
57A of the Federal Act, that subsection applies to any over-
payment made under that Act in respect of tax payable by a
taxpayer for a taxation year, subsection 4 of this section
applies to any overpayment made under this Act in respect of
the same year that arose by virtue of the same decision. New.
(6) For the purpose of this section, "overpayment" means interpre-
the aggregate of all amounts paid on account of tax minus all
amounts payable under this Act or an amount so paid where
no amount is so payable. 1960-61, c. 39, s. 16 (5).
(7) Where a taxpayer is entitled to deduct under section ^^^®°*jjO''^,^
27 of the Federal Act in computing his taxable income for a of loss
taxation year an amount in respect of a loss sustained in the
taxation year immediately following the taxation year (here-
inafter in this subsection referred to as "the loss year"), and
the amount of the tax payable for the taxation year is relevant
m determining an overpayment for the purpose of computing
mterest under subsection 3 for any portion of a period ending
43
16
on or before the last day of the loss year, the tax payable for
the taxation year shall be deemed to be the amount that it
would have been if the taxpayer were not entitled to deduct
any amount under section 27 of the Federal Act in respect
of that loss. 1960-61, c. 39, s. 16 (6), amended.
Notice of
objection
Service of
notice
Recon-
sideration
OBJECTIONS TO ASSESSMENTS
18. — (1) A taxpayer who objects to an assessment under
this Act may, within ninety days from the day of mailing of
the notice of assessment, serve on the Treasurer a notice of
objection in duplicate in prescribed form setting out the
reasons for the objection and all relevant facts. 1960-61,
c. 39, s. 17 (1).
(2) A notice of objection under this section shall be served
by being sent by registered mail addressed to the deputy
head. 1960-61, c. 39, s. 17 (2), amended.
(3) Upon receipt of the notice of objection, the Treasurer
shall with all due despatch reconsider the assessment and
vacate, confirm or vary the assessment or re-assess and he
shall thereupon notify the taxpayer of his action by registered
mail.
Idem
(4) A re-assessment made by the Treasurer pursuant to
subsection 3 is not invalid by reason only of not having been
made within four years from the day of mailing of a notice of
an original assessment or of a notification described in sub-
section 4 of section 8. 1960-61, c. 39, s. 17 (3, 4).
Right of
appeal of
taxpayer
Division E — Appeals to the Supreme Court of Ontario
19. — (1) A taxpayer who has served a notice of objection to
an assessment under subsection 1 of section 18 may appeal to
the Supreme Court to have the assessment vacated or varied
after either.
(a) the Treasurer has confirmed the assessment or re-
assessed; or
(b) 180 days have elapsed after service of the notice of
objection and the Treasurer has not notified the
taxpayer that he has vacated or confirmed the
assessment or re-assessed,
but no appeal under this section may be instituted after the
expiration of ninety days from the day notice has been mailed
to the taxpayer in accordance with subsection 3 of section 18
that the Treasurer has confirmed the assessment or re-assessed.
1960-61, c. 39, s. 18 (1), amended.
43
17
(2) No appeal from an assessment under this Act lies in where no
respect of the computation of the tax payable under Part I
of the Federal Act. New.
(3) An appeal under this section shall be instituted by^°jj^^^^^
serving upon the Treasurer a notice of appeal in duplicate
in the prescribed form and by filing a copy thereof with the
Registrar of the Supreme Court or the local registrar of the
court for the county or district in which the taxpayer appealing
resides.
(4) A notice of appeal shall be served upon the Treasurer ^^^j^^J^?.^
by being sent by registered mail addressed to the deputy
head. 1960-61, c. 39, s. 18 (2, 3), amended.
(5) The taxpayer appealing shall set out in the notice 0/*^*®-^^^
of appeal a statement of the allegations of fact, the statutory
provisions and the reasons that he intends to submit in
support of his appeal. 1960-61, c. 39, s. 18 (4).
(6) The taxpayer appealing shall pay to the Registrar of appeal
the Supreme Court or the local registrar of the court, as
the case may be, a fee of $400, or such lesser amount as the
Treasurer requires, upon the filing of the copy of the notice
of appeal. 1960-61, c. 39, s. 18 (2-5), amended.
20. — (1) The Treasurer shall, within sixty days from the Reply
day the notice of appeal is received or within such further
time as a judge of the court may either before or after the
expiration of that time allow, serve on the appellant and
file in the court a reply to the notice of appeal admitting
or denying the facts alleged and containing a statement of
such further allegations of fact and of such statutory pro-
visions and reasons as he intends to rely on. 1960-61, c. 39,
s. 19 (1), amended.
(2) A judge of the court may, in his discretion, strike out striking
a notice of appeal or any part thereof for failure to comply amending
with subsection 5 of section 19 and may permit an amendment appeal
to be made to a notice of appeal or a new notice of appeal to
be substituted for the one struck out.
(3) A judge of the court may, in his discretion,
{a) strike out any part of a reply for failure to comply
with this section or permit the amendment of a
reply; or
(6) strike out a reply for failure to comply with this
section and order a new reply to be filed within a
time to be fixed by the order.
43
Idem
18
Disposal
of appeal
where
notice
struck out
Disposal
of appeal
where reply
struck out
Appeal
deemed
an action
Pleading
of other
matters
Disposal
of appeal
(4) Where a notice of appeal is struck out for failure to
comply with subsection 5 of section 19 and a new notice of
appeal is not filed as and when permitted by a judge of the
court, a judge of the court may, in his discretion, dispose of
the appeal by dismissing it.
(5) Where a reply is not filed as required by this section
or is struck out under this section and a new reply is not filed
as ordered by a judge of the court within the time ordered,
a judge of the court may dispose of the appeal ex parte or
after a hearing on the basis that the allegations of fact con-
tained in the notice of appeal are true. 1960-61, c. 39, s. 19
(2-5), amended.
21. — (1) Upon the filing of the material referred to in
sections 19 and 20, the matter shall be deemed to be an action
in the court and, unless the court otherwise orders, ready for
hearing.
(2) Any fact or statutory provision not set out in the notice
of appeal or reply may be pleaded or referred to in such manner
and upon such terms as the court directs.
(3) The court may dispose of the appeal by.
{a) dismissing it;
(6) allowing it; or
(c) allowing it and,
(i) vacating the assessment,
(ii) varying the assessment,
(iii) restoring the assessment, or
(iv) referring the assessment back to the Treasurer
for reconsideration and re-assessment.
paymentT ^^) The court may, in delivering judgment disposing of
an appeal, order payment or repayment of tax, interest,
penalties or costs by the taxpayer or the Treasurer. 1960-61,
c. 39, s. 20.
Proceedings 22. Proceedings under this Division shall be held in
camera upon request made to the court by the taxpayer.
1960-61, c. 39, s. 21, amended.
pracMce ^^* ^^^ practice and procedure of the Supreme Court,
to govern including the right of appeal and the practice and procedure
43
19
relating to appeals, apply to every matter deemed to be an
action under section 21, and every judgment and order given
or made in every such action may be enforced in the same
manner and by the like process as a judgment or order given
or made in an action commenced in the court. 1960-61, c. 39,
s. 22.
24. An assessment shall not be vacated or varied on irregu-
appeal by reason only of any irregularity, informality, omis-
sion or error on the part of any person in the observation of
any directory provision of this Act or of the Federal Act where
such provision in that Act applies in respect of any action
under this x'\ct. 1960-61, c. 39, s. 23, amended.
PART III — Administration and Enforcement
ADMINISTRATION
25. — (1) The Treasurer shall administer and enforce this Administra-
111 • n 11 tion of Act
Act and control and supervise all persons employed to carry
out or enforce this Act and the deputy head may exercise all
the powers and perform the duties of the Treasurer under this
Act. 1960-61, c. 39, s. 24 (1), amended.
(2) The Treasurer may at any time extend the time for Extensions
I • 1 1 • A of tin^e
makmg a return under this Act. for returns
(3) The Treasurer may, if he considers it advisable in afor^taxes
particular case, accept security for payment of taxes by way
of mortgage or other charge of any kind whatsoever on
property ot the taxpayer or any other person or by way of
guarantee from other persons. 1960-61, c. 39, s. 24 (2, 3).
(4) Any person employed in connection with the adminis- -^^^^^i^tra-^
tration or enforcement of this Act may, in the course of his
employment,
(a) if he is designated by the Treasurer for the purpose;
or
(6) where a collection agreement is entered into, if he is
a person designated by the Minister under the
Federal Act for the purposes of subsection 5 of
section 116 of that Act,
administer oaths and take and receive afifidavits, declarations
and affirmations for the purposes of or incidental to the
administration or enforcement of this Act or the regulations
and every person so designated has for such purposes all the
powers of a commissioner for taking afifidavits. New.
43
20
Regulations 26. — (1) The Lieutenant Governor in Council may make
regulations,
(a) prescribing anything that, by this Act, is to be
prescribed or is to be determined or regulated by
regulation ;
(b) providing in any case of doubt the circumstances in
which, and extent to which, the Federal Regulations
apply; and
(c) generally to carry out the purposes of this Act.
1960-61, c. 39, s. 25, amended.
of^Federai'^ (2) Except to the extent that they are inconsistent with
Regulations ^^^ regulations made under subsection 1 or are expressed by
any regulation made under subsection 1 to be inapplicable,
the Federal Regulations made under section 117 of the Federal
Act apply mutatis mutandis for the purposes of this Act with
respect to all matters enumerated in that section.
Publication
of
regulations
(3) No regulation made under this Act or under the Federal
Act where it is applicable mutatis mutandis has effect for the
purposes of this Act until it has been published in The Ontario
Gazatte or The Canada Gazette, as the case may be, but, when
so published, a regulation is, if it so provides, efTective with
reference to a period before it was published. New.
ENFORCEMENT
Taxes, etc.
are debts
27. All taxes, interest, penalties, costs and other amounts
payable under this Act are debts due to Her Majesty in
right of Ontario and are recoverable as such in any court of
competent jurisdiction or in any other manner provided by
this Act. 1960-61, c. 39, s. 26.
J5?rtiflcate 28.— (1) An amount payable under this Act that has not
debtedness been paid or such part of an amount payable under this Act
as has not been paid may be certified by the Treasurer,
(a) where there has been a direction by the Treasurer
under subsection 2 of section 12, forthwith after such
direction; and
Registration
of
certificate
(b) otherwise, upon the expiration of thirty days after
the default.
(2) On production to the Supreme Court, a certificate
made under this section shall be registered in the court and,
when registered, has the same force and effect and all pro-
43
21
ceedings may be taken thereon as if the certificate were a
judgment obtained in the court for a debt of the amount
specified in the certificate plus interest to the day of payment
as provided for in this Act.
(3) All reasonable costs and charges attendant upon the ^Itg J|tc. '^'^
registration of the certificate are recoverable in like manner
as if they had been certified and the certificate had been
registered under this section. New.
29. — (1) Where the Treasurer has knowledge or suspects ^j?^^^^g*^°"
that a person is or is about to become indebted or liable to owed to
make any payment to a person liable to make a payment
under this Act, he may, by registered letter or by a letter
served personally, require him to pay the moneys otherwise
payable to that person in whole or in part to the Treasurer
on account of the liability under this Act. 1960-61, c. 39,
s. 27 (1), amended.
. receipt
(2) The receipt of the Treasurer for moneys paid as re- ^^ff^^°*^
quired under this section is a good and sufficient discharge of
the original liability to the extent of the payment. 1960-61,
c. 39, s. 27 (2).
(3) Where the Treasurer has, under this section, required ^^^^^^'Jj^^'^^
an employer to pay to the Treasurer on account of an em- requisition
ployee's liability under this Act moneys otherwise payable
by the employer to the employee as remuneration, the require-
ment is applicable to all future payments by the employer to
the employee in respect of remuneration until the liability
under this Act is satisfied and operates to require payments
to the Treasurer out of each payment of remuneration of such
amount as is stipulated by the Treasurer in the registered
letter.
(4) Every person who has discharged any liability to a j^^fu^re'to^"^
person liable to make a payment under this Act without ^^'^P^y
complying with a requirement under this section is liable to
pay to Her Majesty in right of Ontario an amount equal to
the liability discharged or the amount which he was required
under this section to pay to the Treasurer, whichever is the
lesser.
(5) Where the person who is or is about to become indebted f|rt\\°n °"
or liable carries on business under a name or style other than ^'""^^
his own name, the registered or other letter under subsection 1
may be addressed to the name or style under which he carries
on business and, in the case of personal service, shall be
deemed to have been validly served if it has been left with an
adult person employed at the place of business of the addressee.
43
22
Service on
partnership
(6) Where the persons who are or are about to become
indebted or liable carry on business in partnership, the
registered or other letter under subsection 1 may be addressed
to the partnership name and, in the case of personal service,
shall be deemed to have been validly served if it has been
served on one of the partners or left with an adult person
employed at the place of business of the partnership. 1960-61,
c. 39, s. 27 (3-6), amended.
Seizure of
goods on
default in
payment
30.— (1) Where a person has failed to make a payment as
required by this Act, the Treasurer, on giving ten days'
notice by registered mail addressed to his last known place
of residence, may, whether or not there is an objection to or
appeal in respect of the assessment not disposed of, issue a
certificate of the failure and direct that the goods and chattels
of the person in default that are located in Ontario be seized.
Sale of
goods
seized
(2) Property seized under this section shall be kept for
ten days at the cost and charges of the owner and, if he does
not pay the amount due together with the costs and charges
within the ten days, the property seized shall be sold by
public auction.
Notice
of sale
Disposal
of surplus
(3) Except in the case of perishable goods, notice of the
sale setting forth the time and place thereof, together with a
general description of the property to be sold shall, a reason-
able time before the goods are sold, be published at least
once in one or more newspapers of general local circulation.
(4) Any surplus resulting from the sale after deduction of
the amount owing and all costs and charges shall be paid or
returned to the owner of the property seized.
Exemptions
from seizure
(5) Such goods and chattels of any person in default as
would be exempt from seizure under a writ of execution issued
out of the Supreme Court are exempt from seizure under this
section. New.
Demand 31.— (1) Where the Treasurer suspects that a taxpayer
payment jg about to leave Ontario or Canada, he may before the day
otherwise fixed for payment, by notice served personally
or by registered letter addressed to the taxpayer, demand
payment of all taxes, interest and penalties for which the
taxpayer is liable or would be liable if the time for payment
had arrived and the same shall be paid forthwith notwith-
standing any other provision of this Act.
Seizure of
faiiure^to (2) Where a person has failed to pay tax, interest or
with^^^ penalties demanded under this section as required, the Trea-
demand surer may direct that the goods and chattels of the taxpayer
43
23
that are located in Ontario be seized and subsections 2 to 5
of section 30 are thereupon appHcable mutatis mutandis.
1960-61, c. 39, s. 30, amended.
32. — (1) No action lies against any person for withholding ^®^^j^^^^
or deducting any sum of money in compliance or intended barred
compliance with this Act.
(2) Every person whose employer is required to deduct ^p^gylJ^^
or withhold any amount from his remuneration under section
9 shall, from time to time as prescribed, file a return with
his employer in prescribed form.
(3) Every person failing to file a form as required by sub- f jj®^* ^^
section 2 is liable to have the deduction or withholding from flie return
his salary or wages under section 9 made as though he were
an unmarried person without dependants.
(4) Every person who deducts or withholds any amount Trust
under this Act shall be deemed to hold the amount so deducted
or withheld in trust for Her Majesty in right of Ontario.
1960-61, c. 39, s. 31 (1-4).
(5) All amounts deducted or withheld by a person under Deductions
this Act shall be kept separate and apart from his own moneys separate
and, where a collection agreement is entered into, such amounts
shall be kept with amounts deducted or withheld by that
person under the Federal Act. New.
(6) Any person who has failed to deduct or withhold any P^J^^^^ity ^^^
amount as required by this Act or a regulation is liable to to deduct
pay to Her Majesty in right of Ontario,
(a) if the amount should have been deducted or withheld
under section 9 from an amount that has been paid
to a person resident in Ontario, 10 per cent of the
amount that should have been deducted or with-
held; and
{b) in any other case, the whole amount that should
have been deducted or withheld,
together with interest thereon at the rate of 10 per cent per
annum. 1960-61, c. 39, s. 31 (7).
(7) Every person who has failed to remit or pay an amount Penalty for
deducted or withheld as required by this Act or a regulation to remit
is liable to a penalty of 10 per cent of that amount or $10,
whichever is the greater, in addition to the amount itself,
together with interest on the amount at the rate of 10 per
43
24
cent per annum ; but, where a collection agreement is entered
into, the Minister may refrain from levying or reduce the
penalty if the person who is liable therefor is liable to pay
a penalty under subsection 9 of section 123 of the Federal
Act by reason of a failure to pay an amount described in
paragraph a of that subsection.
Assessment
for amount
deducted
(8) The Treasurer may assess any person for any amount
that has been deducted or withheld by that person under
this Act or a regulation or that is payable by that person
under this section and, upon his sending a notice of assess-
ment to that person. Division D of Part II is applicable
mutatis mutandis.
Deduction
provisions
applicable
to Crown
(9) The provisions of this Act that require a person to
deduct or withhold an amount in respect of taxes from amounts
payable to a taxpayer are applicable to Her Majesty in right
of Ontario. 1960-61, c. 39, s. 31 (8-10), amended.
Agreements
not to
deduct void
Eflfect of
receipt
(10) Where this Act requires an amount to be deducted or
withheld, an agreement by the person on whom that obligation
is imposed not to deduct or withhold is void.
(11) The receipt of the Treasurer for an amount withheld
or deducted by any person as required by or under this Act
is a good and sufficient discharge of the liability of any
debtor to his creditor with respect thereto to the extent of
the amount referred to in the receipt. 1960-61, c. 39, s. 31
(11, 12).
GENERAL
Records to
be kept
33. — (1) Every person carrying on business in Ontario
and every person who is required, by or pursuant to this
Act, to pay or collect taxes or other amounts shall keep
records and books of account (including an annual inventory
kept in prescribed manner) at his place of business or residence
in Ontario or at such other place as is designated by the
Treasurer, in such form and containing such information as
will enable the taxes payable under this Act or the taxes or
other amounts that should have been deducted, withheld or
collected to be determined. 1960-61, c. 39, s. 32 (1), amended.
Idem
Retention
of records
(2) Where a person has failed to keep adequate records
and books of account for the purposes of this Act, the
Treasurer may require him to keep such records and books of
account as he specifies and that person shall thereafter keep
records and books of account as so required.
(3) Every person required by this section to keep records
and books of account shall, until written permission for their
43
25
disposal is obtained from the Treasurer, retain every such
record or book of account and every account or voucher
necessary to verify the information in any such record or
book of account. 1960-61, c. 39, s. 32 (2, 3).
34. — (1) Any person thereunto authorized by the Treasurer ^^^^^ °^^
for any purpose related to the administration or enforcement
of this Act may, at all reasonable times, enter into any
premises or place where any business is carried on in Ontario
or any property is kept or anything is done in connection with
any business or any books or records are, or should be, kept
pursuant to this Act, and,
(a) audit or examine the books and records and any
account, voucher, letter, telegram or other document
that relates or may relate to the information that is
or should be in the books or records or the amount
of tax payable under this Act;
(b) examine property described by an inventory or any
property, process or matter an examination of which
may, in his opinion, assist him in determining the
accuracy of an inventory or in ascertaining the in-
formation that is or should be in the books or records
or the amount of any tax payable under this Act;
(c) require the owner or manager of the property or
business and any other person on the premises or
place to give him all reasonable assistance with his
audit or examination and to answer all proper
questions relating to the audit or examination either
orally or, if he so requires, in writing, on oath or
by statutory declaration and, for that purpose,
require the owner or manager to attend at the
premises or place with him; and
(d) if, during the course of an audit or examination, it
appears to him that there has been a contravention
of this Act or a regulation, seize and take away any
of the records, books, accounts, vouchers, letters,
telegrams and other documents and retain them
until they are produced in any court proceedings.
(2) The Treasurer may, for any purpose related to the ^^®^"i«i*^o"
administration or enforcement of this Act, by registered letter information
or by a demand served personally, require from any person,
(a) any information or additional information, including
a return of income or a supplementary return; or
43
26
(b) production, or production on oath, of any books,
letters, accounts, invoices, statements (financial or
otherwise) or other documents,
within such reasonable time as is stipulated therein. 1960-61,
c. 39, s. 33 (1, 2), amended.
Search
warrants
(3) The Treasurer may, for any purpose related to the
administration or enforcement of this Act, with the approval
of a judge of the Supreme Court, which approval the judge is
hereby empowered to give upon ex parte application, authorize
in writing any officer of the Treasury Department, together
with such peace officers as he calls on to assist him and such
other persons as are named therein, to enter and search, if
necessary by force, any building, receptacle or place in
Ontario for documents, books, records, papers or things that
may afford evidence as to the contravention of any provision
of this Act or a regulation and to seize and take away any
such documents, books, records, papers or things and retain
them until they are produced in any court proceedings.
1960-61, c. 39, s. 33 (4), amended.
Inquiries
(4) The Treasurer may, for any purpose related to the
administration or enforcement of this Act, authorize any
person, whether or not he is an officer of the Treasury Depart-
ment, to make such inquiry as he deems necessary with
reference to anything relating to the administration or enforce-
ment of this Act. 1960-61, c. 39, s. 33 (6), amended.
Certified
copies of
documents
(5) Where any book, record or other document has been
seized, examined or produced under this section, the person
by whom it is seized or examined or to whom it is produced
or any officer of the Treasury Department may make, or cause
to be made, one or more copies thereof and a document pur-
porting to be certified by the Treasurer or a person thereunto
authorized by the Treasurer to be a copy made pursuant to
this section is admissible in evidence and has the same pro-
bative force as the original document would have if it had
been proven in the ordinary way.
Hindering (5) jsJq person shall hinder or molest or interfere with any
person doing anything that he is authorized by or pursuant
to this section to do or prevent or attempt to prevent any
person doing any such thing and, notwithstanding any other
law to the contrary, every person shall, unless he is unable
to do so, do everything he is required by or pursuant to this
section to do. 1960-61, c. 39, s. 33 (7, 8), amended.
43
H
27
(7) Every person thereunto authorized by the Treasurer Administra-^
may administer or receive an oath, affirmation or statutory
declaration required to be given by or pursuant to this
section. New.
(8) For the purpose of an inquiry authorized under sub- Powers on
section 4, the person authorized to make the inquiry has all
the powers and authority that may be conferred on a com-
missioner appointed under The Public Inquiries Act. 1960-61, ^■f2^' •^^^°'
c. 39, s. 33 (10).
35.— (1) Section 126A of the Federal Act applies mutatis ^^^^^^^^^^"^
mutandis for the purposes of this Act where, in the same or of Federal
similar circumstances, that section is or would be applicable
for the purposes of the Federal Act.
(2) For the purposes of this section, a reference to the Reference to
Deputy Attorney General of Ontario shall be substituted for
any reference to the Deputy Attorney General of Canada in
section 126A of the Federal Act, but, where a collection
agreement is entered into, section 126A of the Federal Act
shall be read without such reference being substituted. New.
36. Whether or not he has filed an information return as Filing of
, , , . , , 1 7 r i_ information
required by a regulation made under paragraph a oi sub- on demand
section 1 of section 117 of the Federal Act as it applies by
virtue of subsection 2 of section 26 of this Act, every person
shall, on demand b}' registered letter from the Treasurer, file
within such reasonable time as is stipulated in the registered
letter with the Treasurer such prescribed information return
as is designated in the letter. 1960-61, c. 39, s. 34, amended.
37. — ( 1 ) Every person who fails to comply with a regulation ^fiu^g^ J*^'"
made under paragraph rf or e of subsection 1 of section 117 of °o"ipiy, with
u r^ 1 I 1 • 1-1 • f 1 • c regulations
the I'ederal Act, as it applies by virtue of subsection 2 of sec-
tion 26 of this Act, is liable in respect of each failure to so
comply to a penalty of $10 a day for each day of default
but not more than $2,500 in all.
(2) Every person who fails to comply with a regulation idem
made under section 26 or incorporated by reference by virtue
of subsection 2 thereof is liable to a penalty of $10 a day
for each day of default but not more than $2,500 in all.
1960-61, c. 39, s. 36, amended.
38. A return, certificate or other document made by aSi«"**"r?o^
-' corporations
corporation pursuant to this Act or a regulation shall be
signed on its behalf by the president, secretary or treasurer
of the corporation or by any other officer or person thereunto
duly authorized by the board of directors or other governing
body of the corporation. 1960-61, c. 39, s. 37.
43
28
OFFENCES
Offence,
failure to
file return
Offences,
certain
39. — (1) Every person who fails to file a return as and
when required by or under this Act or a regulation is guilty
of an offence and, in addition to any penalty otherwise pro-
vided, is liable on summary conviction to a fine of not less
than $25 for each day of default.
(2) Every person who fails to comply with or contravenes
subsection 1 of section 9, subsection 5 of section 32, section 33
or section 34 is guilty of an offence and, in addition to any
penalty otherwise provided, is liable on summary conviction
to,
(a) a fine of not less than $200 and not more than
$10,000; or
Saving
(b) both the fine described in clause a and imprisonment
for a term of not more than six months. 1960-61,
c. 39, s. 38 (1, 2), amended.
(3) Where a person has been convicted under this section
of failing to comply with a provision of this Act or a regula-
tion, he is not liable to pay a penalty imposed under section 15,
32 or 37 for the same failure unless he was assessed for that
penalty or that penalty was demanded from him before the
information giving rise to the conviction was laid. 1960-61,
c. 39, s. 38 (3).
Offences,
certain
40. Every person who has,
(a) made, or participated in, assented to or acquiesced
in the making of, false or deceptive statements in a
return, certificate, statement or answer filed or made
as required by or under this Act or a regulation ;
(b) to evade payment of a tax imposed by this Act,
destroyed, altered, mutilated, secreted or otherwise
disposed of the records or books of account of a
taxpayer ;
(c) made, or assented to or acquiesced in the making
of, false or deceptive entries, or omitted, or assented
to or acquiesced in the omission, to enter a material
particular in records or books of account of a tax-
payer ;
(d) wilfully, in any manner, evaded or attempted to
evade compliance with this Act or payment of taxes
imposed b^^ this Act; or
43
29
(e) conspired with any person to commit an offence
described by clauses a to d,
is guilty of an offence and, in addition to any penalty other-
wise provided, is liable on summary conviction to,
(/) a fine of not less than $25 and not more than $10,000
plus, in an appropriate case, an amount not more
than double the amount of the tax that should have
been shown to be payable or that was sought to be
evaded; or
(g) both the fine described in clause / and imprisonment
for a term of not more than two years. 1960-61,
c. 39, s. 39 (1).
41. Where a collection agreement is entered into and ^^^^^^^^f^Jf '
proceedings under section 131 or 132 of the Federal Act are
taken against any person, the Minister may take or refrain
from taking any action against such person contemplated by
section 39 or 40 of this Act, as the case may be. New.
42. — (1) Every person who, while employed in the ad- Offence,
ministration of this Act, has communicated or allowed to be
communicated to a person not legally entitled thereto any
information obtained under this Act or has allowed any such
person to inspect or have access to any written statement
furnished under this Act is guilty of an offence and on sum-
mary conviction is liable to a fine of not more than $200.
1960-61, c. 39, s. 40, amended.
(2) Where a collection agreement is entered into, this where
. , , . . ^ . ^ . section not
section does not apply to the communication of information applicable
between the Minister and the Treasurer. New.
43. Where a corporation is guilty of an offence under this Liability of
. ^ „ ..^ *>-'., . , corporation
Act, an omcer, director or agent of the corporation who officers
directed, authorized, assented to, acquiesced in, or participated
in, the commission of the offence is a party to and guilty of
the offence and on summary conviction is liable to the punish-
ment provided for the offence whether or not the corporation
has been prosecuted or convicted.
44. Notwithstanding any other statute or law in force at No decrease
the commencement of this Act, a court has, in any prosecution
or proceeding under this Act, no power to impose less than
the minimum fine or imprisonment fixed by this Act and a
court has no power to suspend sentence. 1960-61, c. 39,
ss. 41, 42.
43
30
PROCEDURE AND EVIDENCE
ofs! 13^6^0? 45. — (1) Section 136 of the Federal Act applies mutatis
Federal Act ^^/^^j^\j with respect to procedure and evidence relating to
an information under this Act.
Application
of certain
references
(2) Where a collection agreement is entered into, the
references in section 136 of the Federal Act to the Royal
Canadian Mounted Police and to an officer of the Department
of National Revenue apply under this Act; but, where no
collection agreement is entered into, a reference to the Royal
Canadian Mounted Police in that section shall be construed
as a reference to the Ontario Provincial Police Force and any
reference to an officer of the Department of National Revenue
shall be construed as a reference to an officer of the Treasury
Department. New.
PART IV — Collection of Tax
COLLECTION AGREEMENT
Agreement
authorized
Supple-
mental
agreements
authorized
46. — (1) The Treasurer, with the approval of the Lieu-
tenant Governor in Council, may, on behalf of the Government
of Ontario, enter into a collection agreement with the Govern-
ment of Canada pursuant to which the Government of
Canada will collect taxes payable under this Act on behalf
of Ontario and will make payments to Ontario in respect
of the taxes so collected in accordance with such terms and
conditions as the collection agreement prescribes.
(2) The Treasurer, with the approval of the Lieutenant
Governor in Council, may, on behalf of the Government of
Ontario, enter into an agreement amending the terms and
conditions of a collection agreement entered into pursuant
to subsection 1.
Transfer
of powers
and duties
(3) Where a collection agreement is entered into, the
Minister, on behalf of, or as agent for, the Treasurer, is
hereby authorized to employ all the powers, to perform all
the duties and to exercise any discretion that the Treasurer
or the deputy head has under this Act including the discretion
to refuse to permit the production in judicial or other pro-
ceedings in Ontario of any document that it is not, in the
opinion of the Minister, in the interests of public policy to
produce.
^^^"^ (4) Where a collection agreement is entered into, the
Deputy Minister of National Revenue for Taxation of Canada
may.
43
31
(a) employ all the powers, perform the duties and exer-
cise any discretion that the Minister has under
subsection 3 or otherwise under this Act; and
(b) designate officers of his Department to carry out
such functions, duties and powers as are similar to
those that are exercised by them on his behalf under
the Federal Act. 1960-61, c. 40, s. 1, amended.
PAYMENTS ON ACCOUNT
47. — (1) A collection agreement may provide that, where ^^PP^^^^°^g
any payment is received by the Minister on account of tax by taxpayer
payable by a taxpayer for a taxation year under this Act,
the Federal Act or an income tax statute of another agreeing
province, or under any two or more such Acts or statutes,
the payment so received may be applied by the Minister
towards the tax payable by the taxpayer under any such
Act or statute in such manner as is specified in the agreement,
notwithstanding that the taxpayer directed that the payment
be applied in any other manner or made no direction as to
its application.
(2) Any payment or part thereof applied by the Minister NOj[j'^rther
in accordance with a collection agreement towards the tax
payable by a taxpayer for a taxation year under this Act
relieves the taxpayer of liability to pay such tax to the extent
of the payment or part thereof so applied. New.
DEDUCTIONS AT S0L:RCE
48. Where a collection agreement is entered into and an where no
amount is remitted to the Minister under section 9 on account employee
of the tax of an individual who is resident on the last day of
the taxation year in another agreeing province, no action
lies for recovery of such amount by that individual.
49. — (1) Where a collection agreement is entered into, an ^jP^'^^^'^^^^Yif
individual resident in Ontario on the last day of the taxation ^y employee
year is not required to remit any amount on account of tax
payable by him under this Act for the taxation year to the
extent of the amount deducted or withheld on account of his
tax for that year under the income tax statute of another
agreeing province.
(2) Where the total amount deducted or withheld on "^^^^
account of tax payable under this Act and under the income
tax statute of another agreeing province by an individual
resident in Ontario on the last day of the taxation year to
whom subsection 1 applies exceeds the tax payable by him
43
32
under this Act for that year, section 17 of this Act applies in
respect of such individual as though the excess were an over-
payment under this x^ct. New.
RECIPROCAL ENFORCEMENT OF JUDGMENTS
onudgments 50. — (1) A judgment of a superior court of an agreeing
province under that province's income tax statute, including
any certificate registered in such superior court in a manner
similar to that provided in subsection 2 of section 28, may be
R.s.o. I960, enforced in the manner provided in The Reciprocal Enforce-
ment of Judgments Act.
Idem
Idem
(2) For the purposes of subsection 1, where a judgment of
a superior court of an agreeing province is sought to be
registered under The Reciprocal Enforcement of Judgments Act,
such judgment shall be registered, notwithstanding that it is
established that one or more of the provisions of section 3 of
that Act apply.
(3) For the purposes of subsection 1, the Lieutenant
Governor in Council may make regulations to enable the
enforcement of judgments in respect of taxes in agreeing
provinces to be enforced in Ontario. New.
Repeal :
1947, c.
48
1948, c.
45
1949, c.
43
R.S.O. 1950,
c. 175
1951, c.
38
1952. c.
40
1952 (2nd
Sess.), c. 1
1953, c.
20
1960-61
, C.39
1960-61
, C.40
PART V — Transitional, etc
51. The following are repealed:
1. The Income Tax Suspension Act, 1947.
2. The Income Tax Suspension Act, 1948.
3. The Income Tax Suspension Act, 1949.
4. The Income Tax Act.
5. The Income Tax Suspension Act, 1951.
6. The Income Tax Suspension Act, 1952.
7. The Corporations and Income Taxes Suspension Act,
1952.
8. The Corporations and Income Taxes Suspension
Amendment Act, 1953.
9. The Income Tax Act, 1960-61.
10. The Income Tax Agency Agreement Act, 1960-61.
43
33
52. This Act comes into force on tiie day it receives Roval Commence-
• , -' ment
Assent.
53. This Act may be cited as The Income Tax Act, 1961-62. short title
43
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BILL 44
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Co-operative Loans Act
Mr. Spence
TORONTO
Printed akd Published by Frank Fogg, Queen's Printer
Explanatory Note
The amendment permits loans to be made to fishermen's co-operatives
in the same way as farmers' co-operatives.
44
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BILL 44 1961-62
An Act to amend
The Co-operative Loans Act
HER 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 Co-operative Loans Act is^'ly^s.^ff^'
repealed and the following substituted therefor: re-enacted
(b) "co-operative association" means a co-operative
corporation to which Part V of The Corporations Act R.s.o. i960,
applies which was incorporated for the purpose of^'
grading, cleaning, packing, storing, drying, processing
or marketing farm products or fish.
2. This Act comes into force on the day it receives Royal commence-
» ^ -^ ■' ment
Assent.
3. This Act may be cited as The Co-operative Loans Amend- short title
ment Act, 1961-62.
44
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BILL 45
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Election Act
Mr. Wintermeyer
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1. This amendment is supplementary to a Bill to amend
The Legislative Assembly Act being introduced at this session.
Section 2. Where an election is required by two members of the
Legislature under an amendment to The Legislative Assembly Act being
introduced at this section and no returning officer has been appointed, the
local sheriff acts as returning officer.
45
BILL 45 1961-62
An Act to amend The Election Act
HER 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 19 of The Election Act is amended ?^?;9- P?2'
by inserting after "Council" in the second line "or any other subs i
person authorized to issue a writ of election", so that the sub-
section, exclusive of the clauses, shall read as follows:
(1) Where an election is to be held, the Lieutenant Nomination
Governor in Council or any other person authorized
to issue a writ of election may appoint a day for the
nomination of candidates, which day shall be.
2. Section 24 of The Election Act is amended b}' adding ^-^^o. i960,
thereto the following subsection: amended
(8) Where a writ of election is issued under subsection 2 where no
of section 28 of The Legislative Assembly Act, if there officer
is no returning officer for the electoral district thenj^gQ j^g^
the writ of election shall be addressed and directed °- ^^^s
to the sheriff of any county in which any portion of
the electoral district is located, and the sheriff shall
thereupon assume all the duties of a returning officer
for the electoral district.
3. This Act comes into force on the day it receives Royal ^^'^j."^®"*'®-
Assent.
4. This Act mav be cited as The Election Amendment ^c^, -^hort title
1961-62.
45
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BILL 46
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Legislative Assembly Act
TORONTO
Prtnted and PuBLisunD BY Frank Fogg, Queen's Printer
Explanatory Note
Where the Chief Election Officer fails to issue a writ of election
within ten days after the time limit, any two members may issue the
writ. This Bill is supplemented by an amendment to The Election Act
being introduced at this session requiring the local sheriff to receive the
writ and act as returning officer where none is appointed.
46
BILL 46 1961-62
An Act to amend
The Legislative Assembly Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 28 of The Legislative Assembly Act is repealed c.los.'s.^ls,'
and the following substituted therefor: re-enacted
28. — (1) Subject to section 25, if the seat of a member where
11 r 1 1 1 -1 vacancy
has been vacant tor three months and no writ has exists for
been issued, the Chief Election Officer shall issue the months
writ within ten days thereafter.
(2) If at the end of the said ten days no writ has beenWhen^two
issued, then any two members may issue a writ may . ^
... ^ , , , . ^^ . issue writ of
under their own hands to the returning omcer in election
accordance with Form 3, and the first writ received
by the returning officer is a valid writ of election.
2. The Legislative Assembly Act is amended by adding ^IjO- 1^*'^,
thereto the following form: amended
FORM 3
{Section 28{2) )
To:
We Command You to cause election to be made of a member {or as
the case may be) to serve in the Legislative Assembly of Ontario, for the
electoral district of in the Province of
Ontario in the place of {stating the cause of
the vacancy) and that you do cause the nomination of candidates at such
election to be held on the day of next and,
if a poll becomes necessary, that the same be held on the day
of next and do cause the name {or names) of
such member or members when so elected whether he is {or they are)
present or absent, to be certified to our Chief Election Officer.
46
2
Witness our hands and seals at the City of Toronto this day
of ,19
Commence-
ment
Endorsement
Short title j^ef,^}^,^^} ^he within Writ on the day of ,19.
Returning Officer
3. This Act comes into force on the day it receives Royal
Assent.
4. This Act may be cited as The Legislative Assembly
Amendment Act, 1961-62.
46
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BILL 47
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend
The Retail Sales Tax Act, 1960-61
Mr. Wintermeyer
TORONTO
Printed and Published by Frank Fogg, Queen's Pkintek
Explanatory Xoti:
The amendment replaces the exemption of 17 cents with an exemption
of $25, except for meals, bottled beer, liquor and tobacco.
47
BILL 47 1961-62
An Act to amend
The Retail Sales Tax Act, 1960-61
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Paragraph 42 of section 5 of The Retail Sales Tax ^c/, R-S.o. i960,
1960-61 is repealed and the following substitnted therefor: par. 42!
re-enacted
42. tangible personal property purchased at a price of
$25 or less, except prepared meals consumed on the
premises where sold at a price of $1.50 or less,
liquor, bottled beer and tobacco and tobacco prod-
ucts.
2. This Act comes into force on the day it receives Royal <^o"^"'>p"'p-
Assent.
3. This Act may be cited as The Retail Sales Tax Amend- ^^^^'^ ^^^^^
ment Act, 1961-62.
47
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BILL 48
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Milk Industry Act
Mr. Stewart
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1 — Subsection 1. The amendment provides authority to
fix price differentials for grades of milk and cream and for milk fat in milk,
anci provides for the payment of fees for the grading and testing of milk
and cream.
Subsection 2. The amendment is for the purpose of clarification.
I
Section 2. The amendment provides for the issuing of an operating
licence to transport milk to a producers' co-operative. I
48
BILL 48 1961-62
An Act to amend The Milk Industry Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Paragraph 16 of section 17 of The Milk I'^dustry^-^Q- ^^^^'
Act is repealed and the following substituted therefor: par. le,
^ ° re-enacted
16. providing for the manner of payment and the pay-
ment of price differentials for any grade of fluid
milk and of milk and cream for manufacture into a
milk product;
16a. providing for the manner of payment and the fixing
of price differentials for milk fat in fluid milk and in
milk for manufacture into a milk product;
166. providing for the fees payable for the selecting,
grading, rejecting, weighing, sampling and testing
of fluid milk and of milk and cream for manufacture
into a milk product.
(2) Paragraph 20 of the said section 17 is repealed and the ^"fsg," a.^i?;
following substituted therefor: re^'naoko
20. providing for the settlement of disputes in connection
with the selecting, grading, rejecting, weighing,
sampling and testintr of fluid milk and of milk and
cream for manufacture into a milk product and the
payment for the fluid milk, milk and cream.
2. Section 18 of The Milk Industry Act is repealed and the^fg^g^^^g;
following substituted therefor: re-enacted
18. — (1) Where one of the objects of a co-operative cor- t^on'ofmifk
poration to which Part V of The Corporations Act^y wo-
... . , • f Ml 1 ducers co-
applies IS to engage m the transportation ot milk and operative
the Board issues a certificate to the Minister of ^'^j^- ^^®^'
48
R.S.O. 1960,
c. 319
Transport that more than three-quarters of the share-
holders or members of the corporation are producers
supplying milk to one or more plants in a munici-
pality, the Minister of Transport shall issue to the
co-operative corporation an operating licence for the
licence year under The Public Commercial Vehicles
Act for the purpose of transporting such milk when
the co-operative corporation complies with that Act,
except section 4 thereof.
R.S.O. I960,
c. 273,
not to apply
(2) The Ontario Highway Transport Board Act does not
apply to a co-operative corporation in respect of
which a certificate is issued under subsection 1.
Expiration
of
certificate
(3) Every certificate heretofore issued by the Board, or
by any predecessor thereof, under the authority of
this section, or any predecessor thereof, expires on
the 1st day of July, 1962.
Commence-
ment
3. This Act comes into force on the day it receives Royal
Assent.
Short title
4. This Act may be cited as The Milk Industry Amendment
Act, 1961-62.
48
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BILL 48
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Milk Industry Act
Mr. Stewart
{Reprinted as amended by the Committee of the Whole House)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1 — Subsection 1. The amendment provides authority to
fix price differentials for grades of milk and cream and for milk fat in milk,
and provides for the payment of fees for the grading and testing of milk
and cream.
Subsection 2. The amendment is for the purpose of clarification.
Section 2. The amendment provides for the revocation of certificates
issued by the Milk Industry Board in place of public commercial vehicle
operating licences and requires all outstanding certificates to be re-issued
within 90 days after the Bill receives Royal Assent.
48
BILL 48 1961-62
An Act to amend The Milk Industry Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Paragraph 16 of section 17 of The Milk Industry f'-^^- ^^^^<
Act is repealed and the following substituted therefor: par. i6,
^ ° re-enacted
16. providing for the manner of payment and the pay-
ment of price differentials for any grade of fluid
milk and of milk and cream for manufacture into a
milk product;
16a. providing for the manner of payment and the fixing
of price differentials for milk fat in fluid milk and in
milk for manufacture into a milk product;
16b. providing for the fees payable for the selecting,
grading, rejecting, weighing, sampling and testing
of fluid milk and of milk and cream for manufacture
into a milk product.
(2) Paragraph 20 of the said section 17 is repealed and the ^fag,' s.^i?!
following substituted therefor: ?e%'nicteci
20. providing for the settlement of disputes in connection
with the selecting, grading, rejecting, weighing,
sampling and testin^r of fluid milk and of milk and
cream for manufacture into a milk product and the
payment for the fluid milk, milk and cream.
2. Section 18 of The Milk Industry Act is repealed and thej^fg^-^^fg;
following substituted therefor: re-enacted
18. — (1) Where one of the objects of a co-operative cor- ^ransporta-
poration to which Part V of The Corporations Act ^y p^o-
i- . , . , • r -11 ducers' co-
applies is to engage m the transportation ot milk operative
and the Board issues a certificate to the Minister of ^fj^- ^^^°'
48
R.S.O. 1960,
c. 319
Revocation
of
certificate
Transport that more than three-quarters of the
shareholders or members of the corporation are pro-
ducers supplying milk to one or more plants in a
municipality, no operating licence under The Public
Commercial Vehicles Act is required by the corpora-
tion for the purpose of transporting such milk.
(2) The Board may, after a hearing, revoke a certificate
issued under subsection 1 and shall give notice of the
revocation to the Minister of Transport.
Expiration
of
certificates
(3) Every certificate heretofore issued by the Board or
by any predecessor thereof, under the authority of
this section or any predecessor thereof, expires
ninety days after this section comes into force.
Sfi^ft'"^'^*^^' ^* This Act comes into force on the day it receives Royal
ment
Assent.
Short title ^^ -pj^jg ^^^ j^^y ^g ^j^gj ^g Yhe Milk Industry Amendment
Act, 1961-62.
48
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BILL 48
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Milk Industry Act
Mr. Stewart
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 48
1961-62
An Act to amend The Milk Industry Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1.— (1) Paragraph 16 of section 17 of The Milk Industry ffg- l^fo,
par. 16,
re-enacted
Act is repealed and the following substituted therefor
16. providing for the manner of payment and the pay-
ment of price differentials for any grade of fluid
milk and of milk and cream for manufacture into a
milk product;
16a. providing for the manner of payment and the fixing
of price differentials for milk fat in fluid milk and in
milk for manufacture into a milk product;
I6b. providing for the fees payable for the selecting,
grading, rejecting, weighing, sampling and testing
of fluid milk and of milk and cream for manufacture
into a milk product.
(2) Paragraph 20 of the said section 17 is repealed and the ^-139; g.^i?;
following substituted therefor:
par. 20,
re-enacted
20. providing for the settlement of disputes in connection
with the selecting, grading, rejecting, weighing,
sampling and testing of fluid milk and of milk and
cream for manufacture into a milk product and the
payment for the fluid milk, milk and cream.
2. Section 18 of The Milk Industry Act is repealed and the J-fg^; ^^^g-
following substituted therefor:
re-enacted
i8. — (1) Where one of the objects of a co-operative cor- ^''^'isporta-
• i'iT-> \ T r 'T-^ ^ tion of milk
poration to which Part V of The Corporations ActWpro-
I- . , . , . r , -11 ducers co-
applies IS to engage in the transportation 01 milk operative
and the Board issues a certificate to the Minister oi^-^f- ^^^°'
48
R.S.O. 1960,
c. 319
Transport that more than three-quarters of the
shareholders or members of the corporation are pro-
ducers supplying milk to one or more plants in a
municipality, no operating licence under The Public
Commercial Vehicles Act is required by the corpora-
tion for the purpose of transporting such milk.
Revocation
of
c:ertiflcate
(2) The Board may, after a hearing, revoke a certificate
issued under subsection 1 and shall give notice of the
revocation to the Minister of Transport.
Expiration
of
oertifloates
(3) Every certificate heretofore issued by the Board or
by any predecessor thereof, under the authority of
this section or any predecessor thereof, expires
ninety days after this section comes into force.
Commence-
ment
3. This Act comes into force on the day it receives Royal
Assent.
Short title
4. This Act may be cited as The Milk Industry Amendment
Act, 1961-62.
48
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BILL 49
3rd Session, 26th Legislatire, Ontario
10-11 Elizabeth II, 1961-62
An Act respecting Ontario Agricultural College,
Ontario Veterinary College and Macdonald Institute
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
This Bill brings the Ontario Agricultural College, Ontario Veterinary
College and Macdonald Institute under one administration and permits
greater co-ordination of their activities.
49
BILL 49 1961-62
An Act respecting Ontario Agricultural College,
Ontario Veterinary College and
Macdonald Institute
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, taS-"^"
(a) "Board" means the Board of Regents of the
Federated Colleges of the Department of Agri-
culture;
(b) "college" means a college or other institution of
learning under the administration of the Federated
Colleges ;
(c) "dean" means the chief executive officer of a college;
(d) "Director of Research" means the administrator of
the Agricultural Research Institute of Ontario;
(e) "faculty" means the faculty of a college;
(/) "Federated Colleges" means the Federated Colleges
of the Department of Agriculture, comprising the
Ontario Agricultural College, the Ontario Veterinary
College, and the Macdonald Institute;
(g) "Macdonald Institute" means the institution of
learning established in conjunction with the Ontario
Agricultural College for courses in household science;
(h) "Minister" means the Minister of Agriculture;
(i) "Ontario Agricultural College" means the institution
of learning known as the "Ontario Agricultural
College and Experimental Farm" established under
The Agricultural College Act; 0/374'
49
R.S.O. 1937,
c. 375
Ontario
Agricultural
College,
Ontario
Veterinary
College,
Macdonald
Institute
Board of
Regents
Composition
of Board
(j) "Ontario Veterinary College" means the institution
of learning known as the "Ontario Veterinary
College" established under The Veterinary College
Act;
{k) "President" means the President of the Federated
Colleges ;
(/) "research" means research carried out and services
provided in respect of agriculture, veterinary medi-
cine and household science.
2. The Ontario Agricultural College, the Ontario X'eterinary
College and Macdonald Institute are continued and federated
and recognized as colleges under the name of the Federated
Colleges of the Department of Agriculture.
3. — (1) There shall be a board to be known as the "Board
of Regents of the Federated Colleges of the Department of
Agriculture" which shall be a body corporate and responsible
to the Minister.
(2) The Board shall consist of twelve members as follows:
1. The President.
2. The Deputy Minister of Agriculture.
3. The Deputy Treasurer of Ontario.
4. The Chief Director of Education.
Chairman,
vice-
chairman
Term of
appoint^
ment
Expiration
of term
5. Eight persons appointed by the Lieutenant Governor
in Council upon the recommendation of the Minister.
(3) The Lieutenant Governor in Council shall appoint from
the persons appointed under paragraph 5 of subsection 2 a
chairman and a vice-chairman of the Board.
(4) An appointment under paragraph 5 of subsection 2 shall
be for a term of not more than three years but any person is
eligible for re-appointment.
(5) When the term of a member of the Board expires, he
continues to be a member until his successor is appointed.
Alternates
(6) The Lieutenant Governor in Council may appoint
persons to act in the place of the Deputy Minister of Agri-
culture, the Deputy Treasurer of Ontario and the Chief
Director of Education.
49
H
(7) The vice-chairman shall, in the absence or disability ^^^^^^1^^°^
of the chairman, possess and exercise the powers and perform
the duties of the chairman.
(8) A majority of the members of the Board constitutes a 'Quorum
quorum.
4. Subject to The University of Toronto Act, 1947, the ^1?^'^"°''
Federated Colleges are affiliated with the University of ^^"^^Q^/^j^^^^y
Toronto for the purpose of enabling students of the F'ederated 1947, c. 112
Colleges to obtain such university degrees and diplomas as
the Univ^ersity of Toronto has authority to confer.
5. Except as to matters by this Act specifically assigned to '-duties of
the President's Council, the government, conduct, manage-
ment and control of the Federated Colleges and of its property,
revenues, expenditures, business and affairs, are vested in the
Board, and the Board has all powers necessary or convenient
to perform its duties and achieve the objects and purposes of
the Federated Colleges, including, without limiting the
generality of the foregoing, power,
(a) to make rules governing its procedures;
(6) to appoint an executive committee and such other
committees as it deems advisable and to delegate
to any such committees any of its powers;
{c) to nominate persons for the office of the President of
the Federated Colleges and for the offices of the deans
of the colleges;
{d) to recommend for appointment, promotion or re-
moval such faculty members and officers as it deems
necessary or advisable for the proper conduct of the
affairs of the Federated Colleges;
(ej to examine the appropriations for buildings and other
facilities and the administration for the Federated
Colleges and to make recommendations for such
expenditures as it deems advisable;
(/) to make recommendations to the Minister for the
establishment and maintenance of such colleges,
faculties, departments, chairs, exhibitions, scholar-
ships and prizes as are suggested by the President's
Council or otherwise;
{g} upon the recommendation of the President, to grant
diplomas and certificates in courses of study, not
leading to a degree;
49
(h) to recommend to the Minister the amounts to be
paid by undergraduate and graduate students of the
Federated Colleges for,
(i) tuition fees,
(ii) library fees, laboratory fees and physical
education fees,
(iii) fees for examinations, degrees and certificates,
(iv) room and board provided by the Federated
Colleges, and
(v) any other fees or emoluments for use of the
facilities that the Board deems advisable;
(i) to perform such other functions as it deems advisable
for the proper administration and advancement of
the Federated Colleges not inconsistent with this
Act or any Act of Ontario.
Expenditure Q^ Except with the approval of the Minister, the Board
shall not incur any liability or make any expenditure that is
not provided for in the income for the Federated Colleges.
Audit of
accounts
7. The accounts of the Board are subject to audit by the
Provincial Auditor.
Annual
report
8. The Board shall submit an annual report on the affairs
of the Federated Colleges to the Minister who shall submit
the report to the Lieutenant Governor in Council and shall
then lay the report before the Assembly if it is in session or,
if not, at the next ensuing session.
other
reports
9. The Board shall submit to the Minister such reports on
the financial affairs and the progress of the work of the
Federated Colleges as the Minister from time to time requires.
Estimate of
expenditures
10. In each year, the Board shall prepare and submit to
the Minister an estimate of all expenditures required during
the next fiscal year.
President
11. — (1) There shall be a President who shall be the chief
executive officer of the Federated Colleges and shall be
appointed by the Lieutenant Governor in Council.
Duties of (2) The President shall generally supervise and direct the
administration of the Federated Colleges and the personnel
thereof.
49
(3) The President is responsible to the Board and shall idem
exercise such powers and perform such duties as are assigned
to him by the Board and is ex officio a member of all com-
mittees established by the Board.
(4) The President shall make recommendations to the idem
Board respecting appointments, promotions and removals of
the personnel of the Federated Colleges.
(5 ) The President shall report to the Board annually on idem
the progress and efficiency of the work of the Federated
Colleges and shall report on any matter referred to him by the
Board or the President's Council for the purpose.
(6) The President may make recommendations to the idem
Board on any matter affecting the operation of the Federated
Colleges.
(7) The President may appoint a dean or a member of one ^j*®^"*^*®
of the faculties to carry out the duties of the President in his President
, absent
absence.
(8) Where the President is absent and a person has not^^®"^
been appointed to act in his absence, the President's Council
shall appoint a dean or a member of one of the faculties to
carry out the duties of the President.
(9) Where the office of President is vacant, the President's J®^f°t''f^y
Council shall appoint a dean or a member of one of the "^^"^^
faculties to carry out the duties of the President until a
President is appointed.
(10) A person appointed under subsection 7, 8 or 9 to p*?^^"^';'^/'^
carry out the duties of the President has and may exercise or tem-
the powers of the President. appomtee
12. — (1) There shall be a President's Council consisting presidents
of the President and the deans of the colleges.
(2) The President is the chairman of the President's Council, chairman
(3) The President's Council shall, Prelid^ent's
Council
{a) make rules governing its procedures;
{b) appoint such committees as are deemed necessary
for the effective operation of the President's Council ;
(c) consider all recommendations and reports of, the
deans' councils;
49
(d) fix and determine the time-tables for the lectures
and other instruction at the Federated Colleges that
affect more than one college;
(e) where it deems it advisable, authorize persons other
than members of the faculties to lecture and teach
in the Federated Colleges;
(/) determine by regulation or otherwise the college or
colleges to which the control of any association or
group within the Federated Colleges belongs;
(g) determine matters concerning integration of research
with the academic work of the F'ederated Colleges;
(h) regulate the conduct and activities of the students
of the Federated Colleges and may suspend or with-
hold diplomas, certificates or academic standing;
(i) approve standards for courses at any college,
authorize the establishment in any college of a course
of study not leading to a degree and provide for
granting of diplomas and certificates upon attain-
ment of the standards.
Dean
13. — (1) There shall be a dean appointed for each college,
who shall be the chief executive officer of the college to which
he is appointed and, subject to the authority of the President,
shall generally supervise and direct the work and the personnel
of the college and shall have such other powers and perform
such other duties as are assigned to him from time to time
by the Board, the President's Council or the President.
Recom-
mendations
(2) The dean shall make recommendations to the President
in respect of appointments, promotions and removals of the
personnel of the college.
Temporary
appoint-
ment
(3) Where a dean is absent from the college, the President
may appoint a member of the faculty of the college to carry
out the duties of the dean during his absence.
Oean'.s
council
14. — (1) At each college there shall be a dean's council
consisting of the dean of the college, who shall act as chairman,
and such members of the faculty of the college as the dean
determines.
Duties of
dean's
council
(2) The dean's council shall,
(a) fix the times and places of its meetings;
49
7
(b) make rules and regulations for the governing of its
procedures;
(c) recommend to the President's Council the courses
of stud\' in the branch of learning for which the
college is responsible;
(d) recommend to the President's ( ouncil the examiners
for the examinations in the college;
(e) conduct and determine the results ot the examina-
tions in the college;
(/) consider and report to the President's Council upon
matters afifecting the general welfare of the college
and of other colleges; and
(^) perform such other duties as are assigned to it from
time to time by the Board or by the President.
15. There shall be a registrar for the hederated Colleges Registrar
who shall act as the registrar for each of the colleges and is
responsible to the President.
16. There shall be a librarian for the T'ederated Colleges Librarian
who shall act as the librarian for each of the colleges and is
responsible to the President.
17.-^(1) There shall be a comptroller for the Federated Comptroller
Colleges who shall act as the comptroller for each of the
colleges and is responsible to the President in resi)ect of the
administration of the Federated Colleges.
(2) The comptroller shall, Duties of
' comptroller
(a) supervise the business affairs of the Tederated
Colleges;
(b) prepare the budget for the I'ederated Colleges,
showing the amounts of revenues and expenditures
for the general administration of the Federated
Colleges and for each of the colleges;
(c) supervise the acquisition of property, equipment or
supplies, the construction of buildings or facilities
and the maintenance of facilities at the Federated
Colleges;
(d) prepare such financial reports and statistical surveys
as are required from time to time by the I'resident or
by the Board ; '
49
8
(e) perform such other duties and functions as are
assigned to him from time to time by the President
or by the Board.
Idem
(3) The comptroller is responsible to the Director of
Research in respect of the administration of the funds for
research carried out at the Federated Colleges.
Property jg. All real and personal property heretofore or hereafter
granted, conveyed, devised or bequeathed for purposes other
than for research to, or to any person in trust for, the Federated
Colleges or any of them, subject to any trust affecting the
same, is vested in the Board.
Regulations X9. The Lieutenant Governor in Council may make regu-
lations fixing the amounts to be paid by undergraduate and
graduate students of the Federated Colleges for,
(a) tuition fees;
(b) library fees, laboratory fees and physical education
fees;
(c) fees for examinations, degrees and certificates;
(d) room and board provided by the Federated Colleges;
and
(e) any other fees or emoluments for use of the facilities
that the Board deems advisable.
Repeal :
R.S.O. 1937,
c. 374
20. The following are repealed:
1. The Agricultural College Act, being chapter 374 of
the Revised Statutes of Ontario, 1937.
1952, c. 2
R.S.O. 1937,
c. 375
2. The Agricultural College Amendment Act, 1952.
3. The Veterinary College Act, being chapter 375 of the
Revised Statutes of Ontario, 1937.
1947, c. 101,
s. 20
Commence-
ment
4. Section 20 of The Statute Law Amendment Act, 1947.
21. This Act comes into force on a day to be named by
the Lieutenant Governor by his proclamation.
Short title 22. This Act may be cited as The Federated Colleges of the
Department of Agriculture Act, 1961-62.
49
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f^ o S'
BILL 49
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act respecting Ontario Agricultural College,
Ontario Veterinary College and Macdonald Institute
Mr. Stewart
(Reprinted as amended by the Committee on Agriculture)
{Corrected Edition)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
This Bill brings the Ontario Agricultural College, Ontario Veterinary
College and Macdonald Institute under one administration and permits
greater co-ordination of their activities.
49
BILL 49 1961-62
An Act respecting Ontario Agricultural College,
Ontario Veterinary College and
Macdonald Institute
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, fatfoT"-
(a) "Board" means the Board of Regents of the
Federated Colleges of the Department of Agri-
culture;
(b) "college" means a college or other institution of
learning under the administration of the Federated
Colleges;
(c) "dean" means the chief executive officer of a college;
(d) "faculty" means the faculty of a college;
(e) "Federated Colleges" means the Federated Colleges
of the Department of Agriculture, comprising the
Ontario Agricultural College, the Ontario Veterinary
College, and the Macdonald Institute;
(/) "Macdonald Institute" means the institution of
learning established in conjunction with the Ontario
Agricultural College for courses in household science;
(g) "Minister" means the Minister of Agriculture;
(h) "Ontario Agricultural College" means the institution
of learning known as the "Ontario Agricultural
College and Experimental Farm" established under
The Agricultural College Act; R-S^o. 1937,
49
(i) "Ontario Veterinary College" means the institution
of learning known as the "Ontario Veterinary
R.s.o. 1937, College" established under The Veterinary College
c. 375 1 ,
Act;
(j) "President" means the President of the Federated
Colleges ;
(k) "research" means research carried out and services
provided in respect of agriculture, veterinary medi-
cine and household science.
Agricultural 2. The Ontario Agricultural College, the Ontario Veterinary
OoIIgctg
Ontario College and Macdonald Institute are continued and federated
coifegef^^ and recognized as colleges under the name of the Federated
Macdonald
Institute
Colleges of the Department of Agriculture.
Board of
Regents
3. — (1) There shall be a board to be known as the "Board
of Regents of the Federated Colleges of the Department of
Agriculture" which shall be a body corporate and responsible
to the Minister.
Composition
of Board
(2) The Board shall consist of not fewer than twelve
members as follows:
Chairman,
vice-
chairman
Term of
appoint-
ment
1. The President.
2. The Deputy Minister of Agriculture.
3. The Deputy Provincial Treasurer.
4. The Chief Director of Education.
5. Such other persons as are appointed by the Lieutenant
Governor in Council upon the recommendation of
the Minister.
(3) The Lieutenant Governor in Council shall appoint from
the persons appointed under paragraph 5 of subsection 2 a
chairman and a vice-chairman of the Board.
(4) An appointment under paragraph 5 of subsection 2 shall
be for a term of not more than three years but any person is
eligible for re-appointment.
Exgration (5) When the term of a member of the Board expires,
continues to be a member until his successor is appointed.
he
Alternates
(6) The Lieutenant Governor in Council may appoint
persons to act in the place of the Deputy Minister of Agri-
culture, the Deputy Treasurer of Ontario and the Chief
Director of Education.
49
(7) The vice-chairman shall, in the absence or disability ^^®^|j^°*^
of the chairman, possess and exercise the powers and perform
the duties of the chairman.
(8) A majority of the members of the Board constitutes a Quorum
quorum.
4. Subject to The University of Toronto Act, 1947, the^|S*^"°''
Federated Colleges are affiliated with the University of yf",^,^®'"^^^^*^.^
Toronto for the purpose of enabling students of the Federated 1947, c. 112
Colleges to obtain such university degrees and diplomas as
the University of Toronto has authority to confer.
5. Except as to matters by this Act specifically assigned tog^ties of
the President's Council, the government, conduct, manage-
ment and control of the Federated Colleges and of its property,
revenues, expenditures, business and alTairs, are vested in the
Board, and the Board has all powers necessary or convenient
to perform its duties and achieve the objects and purposes of
the Federated Colleges, including, without limiting the
generality of the foregoing, power,
{a) to make rules governing its procedures;
{b) to appoint an executive committee and such other
committees as it deems advisable and to delegate
to any such committees any of its powers;
(c) to nominate persons for the office of the President of
the Federated Colleges and for the offices of the deans
of the colleges;
{d) to recommend for appointment, promotion or re-
moval such faculty members and officers as it deems
necessary or advisable for the proper conduct of the
affairs of the Federated Colleges;
(e) to examine the appropriations for buildings and other
facilities and the administration for the Federated
Colleges and to make recommendations for such
expenditures as it deems advisable;
(/) to make recommendations to the Minister for the
establishment and maintenance of such colleges,
faculties, departments, chairs, exhibitions, scholar-
ships and prizes as are suggested by the President's
Council or otherwise;
(g) upon the recommendation of the President, to grant
diplomas and certificates in courses of study not
leading to a degree;
49
(h) to recommend to the Minister the amounts to be
paid by undergraduate and graduate students of the
Federated Colleges for,
(i) tuition fees,
(ii) library fees, laboratory fees and physical
education fees,
(iii) fees for examinations, degrees and certificates,
(iv) room and board provided by the Federated
Colleges, and
(v) any other fees or emoluments for use of the
facilities that the Board deems advisable;
(i) to perform such other functions as it deems advisable
for the proper administration and advancement of
the Federated Colleges not inconsistent with this
Act or any Act of Ontario.
Expenditure g. Except with the approval of the Minister, the Board
shall not incur any liability or make any expenditure that is
not provided for in the income for the Federated Colleges.
Audit of
accounts
7. The accounts of the Board are subject to audit by the
Provincial Auditor.
Annual
report
8. The Board shall submit an annual report on the afifairs
of the Federated Colleges to the Minister who shall submit
the report to the Lieutenant Governor in Council and shall
then lay the report before the Assembly if it is in session or,
if not, at the next ensuing session.
other
reports
9. The Board shall submit to the Minister such reports on
the financial afifairs and the progress of the work of the
Federated Colleges as the Minister from time to time requires.
Estimate pf IQ. In each year, the Board shall prepare and submit to
expenditures -^ r- r- • j j •
the Minister an estimate of all expenditures required during
the next fiscal year.
President n. — (1) There shall be a President who shall be the chief
executive officer of the Federated Colleges and shall be
appointed by the Lieutenant Governor in Council.
Pr^lid^ent ^^^ ^^^ President shall generally supervise and direct the
administration of the Federated Colleges and the personnel
thereof.
49
(3) The President is responsible to the Board and shall idem
exercise sucli powers and perform such duties as are assigned
to him by the Board and is ex officio a member of all com-
mittees established by the Board.
(4) The President shall make recommendations to the idem
Board respecting appointments, promotions and removals of
the personnel of the Federated Colleges.
(5) The President shall report to the Board annually on idem
the progress and efficiency of the work of the Federated
Colleges and shall report on any matter referred to him by the
Board or the President's Council for the purpose.
(6) The President may make recommendations to the i^em
Board on any matter affecting the operation of the Federated
Colleges.
(7) The President may appoint a dean or a member of one ^|^*^^"^*®
of the faculties to carry out the duties of the President in his President
, -^ absent
absence.
(8) Where the President is absent and a person has not^'^®"^
been appointed to act in his absence, the President's Council
shall appoint a dean or a member of one of the faculties to
carry out the duties of the President.
(9) \^'here the office of President is vacant, the President's J®^f°[5^
Council shall appoint a dean or a member of one of the'^®"*
faculties to carry out the duties of the President until a
President is appointed.
(10) A person appointed under subsection 7, 8 or 9 to Pj^^j.^^^^.^^
carry out the duties of the President has and may exercise or tem-
^1 ' r 1 T-» • 1 porary
the powers oi the President. appointee
12. — (1) There shall be a President's Council consisting g^^^^^dent's
of the President and the deans of the colleges.
(2) The President is the chairman of the President's Council, c'hairman
(3i The President's Council shall, Pr«"dln[
(a) make rules governing its procedures;
President's
Council
{h) appoint such committees as are deemed necessary
for the effective operation of the President's Council;
ic) consider all recommendations and reports of the
deans' councils;
49
(d) fix and determine the time-tables for the lectures
and other instruction at the Federated Colleges that
affect more than one college;
(e) where it deems it advisable, authorize persons other
than members of the faculties to lecture and teach
in the Federated Colleges;
(/) determine by regulation or otherwise the college or
colleges to which the control of any association or
group within the Federated Colleges belongs;
(g) determine matters concerning integration of research
with the academic work of the Federated Colleges;
(h) regulate the conduct and activities of the students
of the Federated Colleges and may suspend or with-
hold diplomas, certificates or academic standing;
(i) approve standards for courses at any college,
authorize the establishment in any college of a course
of study not leading to a degree and provide for
granting of diplomas and certificates upon attain-
ment of the standards.
'^^^^ 13. — (1) There shall be a dean appointed for each college,
who shall be the chief executive officer of the college to which
he is appointed and, subject to the authority of the President,
shall generally supervise and direct the work and the personnel
of the college and shall have such other powers and perform
such other duties as are assigned to him from time to time
by the Board, the President's Council or the President.
mend^tions (2) ^^^ dean shall make recommendations to the President
in respect of appointments, promotions and removals of the
personnel of the college.
Temporary
appoint-
ment
Dean's
council
(3) Where a dean is absent from the college, the President
may appoint a member of the faculty of the college to carry
out the duties of the dean during his absence.
14. — (1) At each college there shall be a dean's council
consisting of the dean of the college, who shall act as chairman,
and such members of the faculty of the college as the dean
determines.
Duties of
dean's
council
(2) The dean's council shall,
(a) fix the times and places of its meetings;
49
(b) make rules and regulations for the governing of its
procedures;
(c) recommend to the President's Council the courses
of study in the branch of learning for which the
college is responsible;
(d) recommend to the President's Council the examiners
for the examinations in the college;
(e) conduct and determine the results of the examina-
tions in the college;
(/) consider and report to the President's Council upon
matters affecting the general welfare of the college
and of other colleges; and
(g) perform such other duties as are assigned to it from
time to time by the Board or by the President.
15. There shall be a registrar for the Federated Colleges Registrar
who shall act as the registrar for each of the colleges and is
responsible to the President.
16. There shall be a librarian for the Federated Colleges Librarian
who shall act as the librarian for each of the colleges and is
responsible to the President.
17.— (1) There shall be a comptroller for the Federated ^o"^p*'"°"«'"
Colleges who shall act as the comptroller for each of the
colleges and is responsible to the President in respect of the
administration of the Federated Colleges.
(2) The comptroller shall, ^.""Troii
comptroller
(a) supervise the business affairs of the Federated
Colleges ;
(b) prepare the budget for the Federated Colleges,
showing the amounts of revenues and expenditures
for the general administration of the Federated
Colleges and for each of the colleges;
(c) supervise the acquisition of property, equipment or
supplies, the construction of buildings or facilities
and the maintenance of facilities at the Federated
Colleges;
(d) prepare such financial reports and statistical surveys
as are required from time to time by the President or
by the Board ;
49
8
(e) perform such other duties and functions as are
assigned to him from time to time by the President
or by the Board.
Property jg. All property heretofore or hereafter granted, conveyed,
devised or bequeathed for purposes other than for research to,
or to any person in trust for, the Federated Colleges or any
of them, subject to any trust afiFecting the same, is vested in
the Board.
Regulations jQ, Yhe Lieutenant Governor in Council may make regu-
lations providing for the payment of expenses of the members
of the Board and fixing the amounts to be paid by under-
graduate and graduate students of the Federated Colleges for,
(a) tuition fees;
(b) library fees, laboratory fees and physical education
fees ;
(c) fees for examinations, degrees and certificates ;
(d) room and board provided by the Federated Colleges;
and
(e) any other fees or emoluments for use of the facilities
that the Board deems advisable.
Repeal :
R.S.O. 1937,
c. 374
1952, c. 2
R.S.O. 1937,
c. 375
1947, c. 101,
S. 20
Commence-
ment
20. The following are repealed:
1. The Agricultural College Act, being chapter 374 of
the Revised Statutes of Ontario, 1937.
2. The Agricultural College Amendment Act, 1952.
3. The Veterinary College Act, being chapter 375 of the
Revised Statutes of Ontario, 1937.
4. Section 20 of The Statute Law Amendment Act, 1947.
21. This Act comes into force on a day to be named by
the Lieutenant Governor by his proclamation.
Short title 22. This Act may be cited as The Federated Colleges of the
Department of Agriculture Act, 1961-62.
49
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BILL 49
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act respecting Ontario Agricultural College,
Ontario Veterinary College and Macdonald Institute
Mr. Stewart
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
CPJJJ.'UB
BILL 49 1961-62
An Act respecting Ontario Agricultural College,
Ontario Veterinary College and
Macdonald Institute
HER 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^lto^-
(a) "Board" means the Board of Regents of the
Federated Colleges of the Department of Agri-
culture ;
(b) "college" means a college or other institution of
learning under the administration of the Federated
Colleges;
(c) "dean" means the chief executive officer of a college;
(d) "faculty" means the faculty of a college;
(e) "Federated Colleges" means the Federated Colleges
of the Department of Agriculture, comprising the
Ontario Agricultural College, the Ontario Veterinary
College, and the Macdonald Institute;
(/) "Macdonald Institute" means the institution of
learning established in conjunction with the Ontario
Agricultural College for courses in household science;
(g) "Minister" means the Minister of Agriculture;
(h) "Ontario Agricultural College" means the institution
of learning known as the "Ontario Agricultural
College and Experimental Farm" established under
The Agricultural College Act; ?"374' ^^^'''
49
R.S.O. 1937,
c. 375
(i) "Ontario Veterinary College" means the institution
of learning known as the "Ontario Veterinary
College" established under The Veterinary College
Act;
(j) "President" means the President of the Federated
Colleges ;
(k) "research" means research carried out and services
provided in respect of agriculture, veterinary medi-
cine and household science.
Ontario
Agricultural
College,
Ontario
Veterinary-
College,
Macdonald
Institute
Board of
Regents
2. The Ontario Agricultural College, the Ontario Veterinary
College and Macdonald Institute are continued and federated
and recognized as colleges under the name of the Federated
Colleges of the Department of Agriculture.
3. — (1) There shall be a board to be known as the "Board
of Regents of the Federated Colleges of the Department of
Agriculture" which shall be a body corporate and responsible
to the Minister.
?f°Bo^a°rd*'°'^ (2) The Board shall consist of not fewer than twelve
members as follows:
1. The President.
2. The Deputy Minister of Agriculture.
3. The Deputy Provincial Treasurer.
4. The Chief Director of Education.
5. Such other persons as are appointed by the Lieutenant
Governor in Council upon the recommendation of
the Minister.
Chairman,
vice-
chairman
(3) The Lieutenant Governor in Council shall appoint from
the persons appointed under paragraph 5 of subsection 2 a
chairman and a vice-chairman of the Board.
Term of
appoint-
ment
Expiration
of term
Alternates
(4) An appointment under paragraph 5 of subsection 2 shall
be for a term of not more than three years but any person is
eligible for re-appointment.
(5) When the term of a member of the Board expires, he
continues to be a member until his successor is appointed.
(6) The Lieutenant Governor in Council may appoint
persons to act in the place of the Deputy Minister of Agri-
culture, the Deputy Treasurer of Ontario and the Chief
Director of Education.
49
(7) The vice-chairman shall, in the absence or disability ^*^®^|jj°^
of the chairman, possess and exercise the powers and perform
the duties of the chairman.
(8) A majority of the members of the Board constitutes a Quorum
quorum.
4. Subject to The University of Toronto Act, 1947, the^S*^""''
Federated Colleges are affiliated with the University of y^'^^versUy
Toronto for the purpose of enabling students of the Federated 1947, c. 112
Colleges to obtain such university degrees and diplomas as
the University of Toronto has authority to confer.
5. Except as to matters by this Act specifically assigned tog^t^e^ of
the President's Council, the government, conduct, manage-
ment and control of the Federated Colleges and of its property,
revenues, expenditures, business and affairs, are vested in the
Board, and the Board has all powers necessary or convenient
to perform its duties and achieve the objects and purposes of
the Federated Colleges, including, without limiting the
generality of the foregoing, power,
{a) to make rules governing its procedures;
{b) to appoint an executive committee and such other
committees as it deems advisable and to delegate
to any such committees any of its powers;
(c) to nominate persons for the office of the President of
the Federated Colleges and for the offices of the deans
of the colleges;
{d) to recommend for appointment, promotion or re-
moval such faculty members and officers as it deems
necessary or advisable for the proper conduct of the
affairs of the Federated Colleges;
(e) to examine the appropriations for buildings and other
facilities and the administration for the Federated
Colleges and to make recommendations for such
expenditures as it deems advisable;
(/) to make recommendations to the Minister for the
establishment and maintenance of such colleges,
faculties, departments, chairs, exhibitions, scholar-
ships and prizes as are suggested by the President's
Council or otherwise;
(g) upon the recommendation of the President, to grant
diplomas and certificates in courses of study not
leading to a degree;
49
(h) to recommend to the Minister the amounts to be
paid by undergraduate and graduate students of the
Federated Colleges for,
(i) tuition fees,
(ii) library fees, laboratory fees and physical
education fees,
(iii) fees for examinations, degrees and certificates,
(iv) room and board provided by the Federated
Colleges, and
(v) any other fees or emoluments for use of the
facilities that the Board deems advisable;
(i) to perform such other functions as it deems advisable
for the proper administration and advancement of
the Federated Colleges not inconsistent with this
Act or any Act of Ontario.
Expenditure q^ Except with the approval of the Minister, the Board
shall not incur any liability or make any expenditure that is
not provided for in the income for the Federated Colleges.
Audit of 7, The accounts of the Board are subject to audit by the
accounts t-» • • i a i-
rrovmcial Auditor.
Annual
report
8. The Board shall submit an annual report on the affairs
of the Federated Colleges to the Minister who shall submit
the report to the Lieutenant Governor in Council and shall
then lay the report before the Assembly if it is in session or,
if not, at the next ensuing session.
other
reports
9. The Board shall submit to the Minister such reports on
the financial affairs and the progress of the work of the
Federated Colleges as the Minister from time to time requires.
?xpindi\u?l8 ^^' ^^ ^^^^ Y^^^i the Board shall prepare and submit to
the Minister an estimate of all expenditures required during
the next fiscal year.
President
11. — (1) There shall be a President who shall be the chief
executive officer of the Federated Colleges and shall be
appointed by the Lieutenant Governor in Council.
Duties of
President
(2) The President shall generally supervise and direct the
administration of the Federated Colleges and the personnel
thereof.
49
(3) The President is responsible to the Board and shall idem
exercise such powers and perform such duties as are assigned
to him by the Board and is ex officio a member of all com-
mittees established by the Board.
(4) The President shall make recommendations to the idem
Board respecting appointments, promotions and removals of
the personnel of the Federated Colleges.
(5) The President shall report to the Board annually on idem
the progress and efficiency of the work of the Federated
Colleges and shall report on any matter referred to him by the
Board or the President's Council for the purpose.
(6) The President may make recommendations to the ^^em
Board on any matter affecting the operation of the Federated
Colleges.
(7) The President may appoint a dean or a member of one ^||^|^^^*®
of the faculties to carry out the duties of the President in his President
•' absent
absence.
(8) Where the President is absent and a person has not ^"^
been appointed to act in his absence, the President's Council
shall appoint a dean or a member of one of the faculties to
carry out the duties of the President.
(9) Where the office of President is vacant, the President's J®™?^^^'"^
Council shall appoint a dean or a member of one of the™®'^*
faculties to carry out the duties of the President until a
President is appointed.
(10) A person appointed under subsection 7, 8 or 9 to p°^j,^'"|^°*'
carry out the duties of the President has and may exercise or tem-
.1 r 1 T-. • 1 porary
the powers oi the President. appointee
12. — (1) There shall be a President's Council consisting g^^^^^dent's
of the President and the deans of the colleges.
(2) The President is the chairman of the President's Council, ci^airman
(3) The President's Council shall, Freshen!
(a) make rules governing its procedures;
President's
Council
(6) appoint such committees as are deemed necessary
for the effective operation of the President's Council ;
(c) consider all recommendations and reports of the
deans' councils;
49
{d) fix and determine the time-tables for the lectures
and other instruction at the Federated Colleges that
affect more than one college;
{e) where it deems it advisable, authorize persons other
than members of the faculties to lecture and teach
in the Federated Colleges;
(/) determine by regulation or otherwise the college or
colleges to which the control of any association or
group within the Federated Colleges belongs;
{g) determine matters concerning integration of research
with the academic work of the Federated Colleges;
{h) regulate the conduct and activities of the students
of the Federated Colleges and may suspend or with-
hold diplomas, certificates or academic standing;
{i) approve standards for courses at any college,
authorize the establishment in any college of a course
of study not leading to a degree and provide for
granting of diplomas and certificates upon attain-
ment of the standards.
Dean ^3^ — (^y^ There shall be a dean appointed for each college,
who shall be the chief executive officer of the college to which
he is appointed and, subject to the authority of the President,
shall generally supervise and direct the work and the personnel
of the college and shall have such other powers and perform
such other duties as are assigned to him from time to time
by the Board, the President's Council or the President.
mend^tions (2) ^^^ dean shall make recommendations to the President
in respect of appointments, promotions and removals of the
personnel of the college.
Temporary
appoint-
ment
(3) Where a dean is absent from the college, the President
may appoint a member of the faculty of the college to carry
out the duties of the dean during his absence.
Dean's
council
14. — (1) At each college there shall be a dean's council
consisting of the dean of the college, who shall act as chairman,
and such members of the faculty of the college as the dean
determines.
?ean?8 °^ (2) The dean's council shall,
council
{a) fix the times and places of its meetings;
49
(b) make rules and regulations for the governing of its
procedures;
(c) recommend to the President's Council the courses
of study in the branch of learning for which the
college is responsible;
(d) recommend to the President's Council the examiners
for the examinations in the college;
(e) conduct and determine the results of the examina-
tions in the college;
(/) consider and report to the President's Council upon
matters affecting the general welfare of the college
and of other colleges; and
(g) perform such other duties as are assigned to it from
time to time by the Board or by the President.
15. There shall be a registrar for the Federated Colleges Registrar
who shall act as the registrar for each of the colleges and is
responsible to the President.
16. There shall be a librarian for the Federated Colleges Librarian
who shall act as the librarian for each of the colleges and is
responsible to the President.
17.— (1) There shall be a comptroller for the Federated <^°"^p*'"o"®''
Colleges who shall act as the comptroller for each of the
colleges and is responsible to the President in respect of the
administration of the Federated Colleges.
(2) The comptroller shall, Sm^^t^roUer
(a) supervise the business affairs of the Federated
Colleges;
(6) prepare the budget for the Federated Colleges,
showing the amounts of revenues and expenditures
for the general administration of the Federated
Colleges and for each of the colleges;
(c) supervise the acquisition of property, equipment or «> : ^
supplies, the construction of buildings or facilities
and the maintenance of facilities at the Federated
Colleges ;
(d) prepare such financial reports and statistical surveys
as are required from time to time by the President or
by the Board;
49
8
{e) perform such other duties and functions as are
assigned to him from time to time by the President
or by the Board.
Property jg, ^\\ property heretofore or hereafter granted, conveyed,
devised or bequeathed for purposes other than for research to,
or to any person in trust for, the Federated Colleges or any
of them, subject to any trust affecting the same, is vested in
the Board.
Regulations 19^ ^he Lieutenant Governor in Council may make regu-
lations providing for the payment of expenses of the members
of the Board and fixing the amounts to be paid by under-
graduate and graduate students of the Federated Colleges for,
(a) tuition fees;
{b) library fees, laboratory fees and physical education
fees ;
(c) fees for examinations, degrees and certificates;
{d) room and board provided by the Federated Colleges;
and
(e) any other fees or emoluments for use of the facilities
that the Board deems advisable.
Repeal:
R.S.O. 1937,
c. 374
20. The following are repealed:
1. The Agricultural College Act, being chapter 374 of
the Revised Statutes of Ontario, 1937.
1952, c. 2
2. The Agricultural College Amendment Act, 1952.
R.S.O. 1937,
c. 375
3. The Veterinary College Act, being chapter 375 of the
Revised Statutes of Ontario, 1937.
1947, c. 101.
8. 20
4. Section 20 of The Statute Law Amendment Act, 1947.
Commence-
ment
21. This Act comes into force on a day to be named by
the Lieutenant Governor by his proclamation.
Short title 22. This Act may be cited as The Federated Colleges of the
Department of Agriculture Act, 1961-62.
49
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BILL 50
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to provide for the Establishment of the
Agricultural Research Institute of Ontario
Mr. Stewart
r o R o N r o
f'RiNTi;r) AM) IM lu.isHicD BY Fkan'k FoG(J, Oi!i:i:n's I'kintkk
Explanatory Note
This Bill provides for the establishment of an agricultural research
institute to direct and control programs of research in agriculture,
veterinary medicine and household science and provides a means of co-
ordinating agricultural research projects in Ontario.
50
ii
BILL 50
1961-62
An Act to provide for the Establishment of the
Agricultural Research Institute of Ontario
HER 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) "Director of Research" means the administrator of
the Agricultural Research Institute of Ontario;
(b) "Federated Colleges" means the Federated Colleges
of the Department of Agriculture, comprising the
Ontario Agricultural College, the Ontario Veterinary
College, and the Macdonald Institute;
(c) "Minister" means the Minister of Agriculture;
((I) "research" means research carried out and services
provided in respect of agriculture, veterinary medi-
cine and household science;
(e) "Research Institute" means the Agricultural Re-
search Institute of Ontario.
2. — (1) There shall be a research institute to be known as ^l^^^'J.^^fj^'"*'
the "Agricultural Research Institute of Ontario" which shall institute
, , , , ... 1 ,,• . of Ontario
be a body corporate and responsible to the Mmister.
(2) The Research Institute shall consist of not more than^^^^^^J^^l^
fifteen members appointed by the Lieutenant Governor in institute
Council.
(3) The Lieutenant Governor in Council shall appoint from ^j^g''"'"^'^'
the persons appointed under subsection 2 a chairman and a°^^'''"ia'^
vice-chairman of the Research Institute.
50
Term of
appointment
(4) An appointment under subsection 2 shall be for a term
of not more than three years but any person is eligible for re-
appointment.
Expiration
of term
(5) When the term of a member of the Research Institute
expires, he continues to be a member until his successor is
appointed.
Quorum
Absence of
chairman
(6) A majority of the members of the Research Institute
constitutes a quorum.
(7) The vice-chairman shall, in the absence or disability of
the chairman, possess and exercise the powers and duties of
the chairman.
Remunera-
tion
(8) The members of the Research Institute shall receive
such remuneration and expenses as the Lieutenant Governor
in Council determines.
Duties of
Research
Institute
3. The duties and responsibilities of the Research Institute
are.
(a) to make rules governing its procedures;
(b) to appoint an executive conmiittee and such other
committees as it deems advisable and to delegate to
any such committee any of its duties and responsi-
bilities;
(c) to inquire into programmes of research in respect of
agriculture, veterinary medicine and household
science;
(d) to select and recommend areas oi research for the
betterment of agriculture, veterinary medicine and
household science; and
(e) to stimulate interest in research as a means of
developing in Ontario a high degree of efficiency in
the production and marketing of agricultural prod-
ucts.
Property
4. — (1) All real and personal property heretofore or here-
after granted, conveyed, devised or bequeathed for purposes of
research to, or to any person in trust for, the Federated
Colleges or any of them, subject to any trust affecting the same,
is vested in the Director of Research.
Moneys for
research
(2) The Research Institute may take by gift, grant, dona-
tion or bequest moneys for use in research.
50
(3) Moneys received by the Research Institute under sub- idem
section 2 shall be held in trust b>' the Director of Research
and shall be allocated for programmes of research in accordance
with the terms, if any, of the gift, grant, donation or bequest.
5. Except with the approval of the Minister, the Research ^^■'''^*^"''''"'*
Institute shall not incur any liability or make any expenditure
that is not provided for in the income for the Research
Institute unless provided for by moneys appropriated therefor
by the Legislature or for which funds otherwise have been
furnished therefor.
6. The accounts of the Research Institute are subject to^j^du^or
audit by the Provincial Auditor.
7. The Research Institute shall submit an annual report on Annual
its afTairs to the Minister, who shall submit the report to the
Lieutenant Governor in Council and shall then lay the report
before the Assembly if it is in session or, if not, at the next
ensuing session.
8. The Research Institute shall submit to the MinisterOther
such reports on its financial affairs and the progress of its
work as the Minister from time to time requires.
9. — (1) There shall be a Director of Research appointed by iMrector
the Lieutenant Governor in Council who shall be the ad-
ministrator of the business and affairs of the Research Institute.
(2) The duties and responsibilities of the Director of o,>ector^
Research are,
(a) to co-ordinate ])rogrammes of research of the Re-
search Institute with programmes in comparable
areas of research by other institutions and organiza-
tions;
(b) to select, develop and maintain research progranmies
in accordance with the needs of agriculture, veterin-
ary medicine and household science in Ontario;
(c) to maintain a balance of effort in research among
various areas of research ;
(d) to inquire into the efficiency of programmes of
research undertaken in conjunction with academic
work at other institutions of learning and research in
Ontario;
(e) to establish operational budgets for programmes of
research in agriculture, veterinary medicine -<ind
50
household science at other institutions of learning and
research in Ontario where the facilities and personnel
are available for such programmes; and
(/) to determine matters of integration of research with
the academic work of the Federated Colleges and
other institutions of learning and research that are
administered by the Department of Agriculture.
Idem jQ^ Yj^g Director of Research shall have supervision over
every programme of research for which funds have been
supplied by the Research Institute.
Estimates of H. The Director of Research shall prepare and submit to
the Minister an estimate of all expenditures required during
the next ensuing year.
Comptroller 12.— (1) There shall be a Comptroller for the Research
Institute who is responsible to the Director of Research.
Duties of (2) The Comptroller sliall,
Comptroller
(a) supervise the business affairs of the Research
Institute;
(b) prepare the budget for the Research Institute;
(c) prepare such financial reports and statistical surveys
as are required by the Director of Research or by
the Minister; and
(d) perform such other duties and functions as are
assigned to him from time to time by the Director of
Research or by the Research Institute.
Power to 13. Subject to the approval of the Minister, the Research
acquire , . , , . • • . •
patents, etc. institute ma\- purchase or otherwise acquire any invention
or aiu' interest therein, or any rights in respect thereof, or any
secret or other information as to any invention, and apply
for, purchase or otherwise acquire, any patents, interest in
patents, licences or other rights conferring any exclusive or
non-exclusive or limited right to make, use or sell ain' inven-
tion or inventions and to use, exercise, develop, dispose of,
assign or grant licences in respect of or otherwise turn to
account the property rights or information so acquired, and
possess, exercise and enjoy all the rights, powers and privileges
that the owner of any invention or any rights in respect thereof
or the o\\ ner of a patent or invention or of any rights there-
under may possess, exercise and enjoy.
50
14:. This Act comes into force on a day to be named by Commence-
the Lieutenant Governor by his proclamation. "^^"^
16. This Act may be cited as The Agricultural Research s^ort utie
Institute of Ontario Act, 1961-62.
50
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BILL 50
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to provide for the Establishment of the
Agricultural Research Institute of Ontario
Mr. Stewart
{Reprinted as amended by the Committee on Agriculture)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
vU. .-^Js
li lo!
Explanatory Note
This Bill provides for the establishment of an agricultural research
institute to direct and control programs of research in agriculture,
veterinary medicine and household science and provides a means of co-
ordinating agricultural research projects in Ontario.
50
,«-<! (yy.i !,;•■/■■ 7
BILL 50 1961-62
An Act to provide for the Establishment of the
Agricultural Research Institute of Ontario
HER 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) "Director of Research" means the administrator of
the Agricultural Research Institute of Ontario;
(b) "Federated Colleges" means the Federated Colleges
of the Department of Agriculture, comprising the
Ontario Agricultural College, the Ontario Veterinary
College, and the Macdonald Institute;
(c) "Minister" means the Minister of Agriculture;
(d) "research" means research carried out and services
provided in respect of agriculture, veterinary medi-
cine and household science;
(e) "Research Institute" means the Agricultural Re-
search Institute of Ontario.
2. — (1) There shall be a research institute to be known as ^l^^'^'^'J^^^^^
the "Agricultural Research Institute of Ontario" which shall J^sti^u^e^
be a body corporate and responsible to the Minister.
(2) The Research Institute shall consist of not more than ^jP^Pg^^'*^^"^
fifteen members appointed by the Lieutenant Governor in institute
Council.
(3) The Lieutenant Governor in Council shall appoint from ^i^^l'"'"^"'
the persons appointed under subsection 2 a chairman and a.^^^^^'^^^
vice-chairman of the Research Institute.
50
appointment ('*) ^" appointment under subsection 2 shall be for a term
of not more than three years but any person is eligible for re-
appointment.
of^?erm^°" (5) When the term of a member of the Research Institute
expires, he continues to be a member until his successor is
appointed.
Quorum (5) ^ majority of the members of the Research Institute
constitutes a quorum.
Absence of (7) The vice-chairman shall, in the absence or disability of
the chairman, possess and exercise the powers and duties of
the chairman.
Remunera- (g) The members of the Research Institute shall receive
such remuneration and expenses as the Lieutenant Governor
in Council determines.
Duties of
Research
Institute are,
3. The duties and responsibilities of the Research Institute
(a) to make rules governing its procedures;
Property
(b) to appoint an executive committee and such other
committees as it deems advisable and to delegate to
any such committee any of its duties and responsi-
bilities;
(c) to inquire into programmes of research in respect of
— :^,,u — veterinary medicine and household
agriculture,
science ;
(d) to select and recommend areas of research for the
betterment of agriculture, veterinary medicine and
household science; and
(e) to stimulate interest in research as a means of
developing in Ontario a high degree of efficiency in
the production and marketing of agricultural prod-
ucts.
4. — (1) All property heretofore or hereafter granted, con-
veyed, devised or bequeathed for purposes of research to, or
to any person in trust for, the Federated Colleges or any of
them or any other institutions of the Department of Agri-
culture that are engaged in research, subject to any trust
affecting the same, is vested in the Research Institute.
M^o^neysfor (2) The Research Institute may take by gift, grant, dona-
tion or bequest moneys for use in research.
50
(3) Moneys received by the Research Institute under sub- idem
section 2 shall be held in trust by the Director of Research
and shall be allocated for programmes of research in accordance
with the terms, if any, of the gift, grant, donation or bequest.
5. Except with the approval of the Minister, the Research Expenditure
Institute shall not incur any liability or make any expenditure
that is not provided for in the income for the Research
Institute unless provided for by moneys appropriated therefor
by the Legislature or for which funds otherwise have been
furnished therefor.
6. The accounts of the Research Institute are subject to ^^j'^^^^j^'^^
audit by the Provincial Auditor.
7. The Research Institute shall submit an annual report on Annual
its affairs to the Minister, who shall submit the report to the
Lieutenant Governor in Council and shall then lay the report
before the Assembly if it is in session or, if not, at the next
ensuing session.
8. The Research Institute shall submit to the Minister other ^
such reports on its financial affairs and the progress of its
work as the Minister from time to time requires.
9. — (1) There shall be a Director of Research appointed by^^Research
the Lieutenant Governor in Council who shall be the ad-
ministrator of the business and affairs of the Research Institute.
(2) The duties and responsibilities of the Director of g"j.e®tQ°*^
Research are,
(a) to co-ordinate programmes of research of the Re-
search Institute with programmes in comparable
areas of research by other institutions and organiza-
tions;
(b) to select, develop and maintain research programmes
in accordance with the needs of agriculture, veterin-
ary medicine and household science in Ontario;
(c) to maintain a balance of effort in research among
various areas of research ;
(d) to inquire into the efficiency of programmes of
research undertaken in conjunction with academic
work at other institutions of learning and research in
Ontario;
(e) to establish the operational budgets of the Research
Institute for programmes of research in agriculture,
veterinary medicine and household science at the
50
Federated Colleges or any of them and at any other
institutions of the Department of Agriculture that
are engaged in research and at other institutions in
Ontario where the facilities and personnel are avail-
able for such programmes; and ^|K
(/) to determine matters of integration of research with
the academic work of the Federated Colleges and
other institutions of learning and research that are
administered by the Department of Agriculture.
10. The Director of Research shall have supervision over
every programme of research for which funds have been
supplied by the Research Institute.
wfpendittfres^ H' The Director of Research shall prepare and submit to
the Minister an estimate of all expenditures required during
the next ensuing year.
Idem
Comptroller
Duties of
Comptroller
Power to
acquire
patents, etc
12. — (1) There shall be a Comptroller for the Research
Institute who is responsible to the Director of Research.
(2) The Comptroller shall,
(a) supervise the business affairs of the Research
Institute;
{b) prepare the budget for the Research Institute;
(c) prepare such financial reports and statistical surveys
as are required by the Director of Research or by
the Minister; and
(d) perform such other duties and functions as are
assigned to him from time to time by the Director of
Research or by the Research Institute.
13. Subject to the approval of the Minister, the Research
Institute may purchase or arrange for the use of any invention
or any interest therein, or any rights in respect thereof, or any
secret or other information as to any invention, and apply
for, purchase or otherwise acquire, any patents, interest in
patents, licences or other rights conferring any exclusive or
non-exclusive or limited right to make, use or sell any inven-
tion or inventions and to use, exercise, develop, dispose of,
assign or grant licences in respect of or otherwise turn to
account the property rights or information so acquired, and
possess, exercise and enjoy all the rights, powers and privileges
that the owner of any invention or any rights in respect thereof
or the owner of a patent or invention or of any rights there-
under may possess, exercise and enjoy.
50
14. This Act comes into force on a day to be named bycommence-
the Lieutenant Governor by his proclamation. ^^^^
15. This Act may be cited as The Agricultural i^e^earcA Short title
Institute of Ontario Act, 1961-62.
50
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BILL 50
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to provide for the Establishment of the
Agricultural Research Institute of Ontario
Mr. Stewart
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
G, ,i i t^u. ,
BILL 50 1961-62
An Act to provide for the Establishment of the
Agricultural Research Institute of Ontario
HER 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) "Director of Research" means the administrator of
the Agricultural Research Institute of Ontario;
(b) "Federated Colleges" means the Federated Colleges
of the Department of Agriculture, comprising the
Ontario Agricultural College, the Ontario Veterinary
College, and the Macdonald Institute;
(c) "Minister" means the Minister of Agriculture;
(d) "research" means research carried out and services
provided in respect of agriculture, veterinary medi-
cine and household science;
(e) "Research Institute" means the Agricultural Re-
search Institute of Ontario.
2. — (1) There shall be a research institute to be known as ^|^^*^'J.^j^^^*^
the "Agricultural Research Institute of Ontario" which shall institute
L L 1 , -11 1 1. ,r • • of Ontario
be a body corporate and responsible to the M mister.
(2) The Research Institute shall consist of not more than J^R^earch^
fifteen members appointed by the Lieutenant Governor in institute
Council.
(3) The Lieutenant Governor in Council shall appoint from vice-'^'"*"'
the persons appointed under subsection 2 a chairman and a^^*^'"'"*'^
vice-chairman of the Research Institute.
50
appointment (^) ^^ appointment under subsection 2 shall be for a term
of not more than three years but any person is eligible for re-
appointment.
Expiration
of term
Quorum
(5) When the term of a member of the Research Institute
expires, he continues to be a member until his successor is
appointed.
(6) A majority of the members of the Research Institute
constitutes a quorum.
cha1rman°^ (7) The vice-chairman shall, in the absence or disability of
the chairman, possess and exercise the powers and duties of
the chairman.
Remunera-
tion
(8) The members of the Research Institute shall receive
such remuneration and expenses as the Lieutenant Governor
in Council determines.
Duties of
Research
Institute are.
3. The duties and responsibilities of the Research Institute
(a) to make rules governing its procedures;
(b) to appoint an executive committee and such other
committees as it deems advisable and to delegate to
any such committee any of its duties and responsi-
bilities;
(c) to inquire into programmes of research
agriculture, veterinary medicine an
science ;
in respect of
icine and household
(d) to select and recommend areas of research for the
betterment of agriculture, veterinary medicine and
household science; and
(e) to stimulate interest in research as a means of
developing in Ontario a high degree of efficiency in
the production and marketing of agricultural prod-
ucts.
Property 4.^ — ^j^ ^|j property heretofore or hereafter granted, con-
veyed, devised or bequeathed for purposes of research to, or
to any person in trust for, the Federated Colleges or any of
them or any other institutions of the Department of Agri-
culture that are engaged in research, subject to any trust
afifecting the same, is vested in the Research Institute.
S?sea%h ^"'^ (2) ^^^ Research Institute may take by gift, grant, dona-
tion or bequest moneys for use in research.
50
(3) Moneys received by the Research Institute under sub- idem
section 2 shall be held in trust by the Director of Research
and shall be allocated for programmes of research in accordance
with the terms, if any, of the gift, grant, donation or bequest.
5. Except with the approval of the Minister, the Research ^''p®'^'^'*^''''®
Institute shall not incur any liability or make any expenditure
that is not provided for in the income for the Research
Institute unless provided for by moneys appropriated therefor
by the Legislature or for which funds otherwise have been
furnished therefor.
6. The accounts of the Research Institute are subject to ^^^^'^^j^*^^
audit by the Provincial Auditor.
7. The Research Institute shall submit an annual report on Annual
its affairs to the Minister, who shall submit the report to the
Lieutenant Governor in Council and shall then lay the report
before the Assembly if it is in session or, if not, at the next
ensuing session.
8. The Research Institute shall submit to the Minister othe.'j.g
such reports on its financial affairs and the progress of its
work as the Minister from time to time requires.
9. — (1) There shall be a Director of Research appointed by^^Research
the Lieutenant Governor in Council who shall be the ad-
ministrator of the business and affairs of the Research Institute.
(2) The duties and responsibilities of the Director ofg^^^g^^Q^^
Research are,
(a) to co-ordinate programmes of research of the Re-
search Institute with programmes in comparable
areas of research by other institutions and organiza-
tions;
(b) to select, develop and maintain research programmes
in accordance with the needs of agriculture, veterin-
ary medicine and household science in Ontario;
(c) to maintain a balance of effort in research among
various areas of research ;
(d) to inquire into the efficiency of programmes of
research undertaken in conjunction with academic
work at other institutions of learning and research in
Ontario;
(e) to establish the operational budgets of the Research
Institute for programmes of research in agriculture,
veterinary medicine and household science at the
50
Idem
Federated Colleges or any of them and at any other
institutions of the Department of Agriculture that
are engaged in research and at other institutions in
Ontario where the facilities and personnel are avail-
able for such programmes; and
(/) to determine matters of integration of research with
the academic work of the Federated Colleges and
other institutions of learning and research that are
administered by the Department of Agriculture.
10. The Director of Research shall have supervision over
every programme of research for which funds have been
supplied by the Research Institute.
expendiufres^ H* The Director of Research shall prepare and submit to
the Minister an estimate of all expenditures required during
the next ensuing year.
Comptroller 12.— (1) There shall be a Comptroller for the Research
Institute who is responsible to the Director of Research.
go^^Kier (2) The Comptroller shall,
(a) supervise the business affairs of the Research
Institute;
(b) prepare the budget for the Research Institute;
(c) prepare such financial reports and statistical surveys
as are required by the Director of Research or by
the Minister; and
(d) perform such other duties and functions as are
assigned to him from time to time by the Director of
Research or by the Research Institute.
aSre*° 1^. Subject to the approval of the Minister, the Research
patents, etc. Institute may purchase or arrange for the use of any invention
or any interest therein, or any rights in respect thereof, or any
secret or other information as to any invention, and apply
for, purchase or otherwise acquire, any patents, interest in
patents, licences or other rights conferring any exclusive or
non-exclusive or limited right to make, use or sell any inven-
tion or inventions and to use, exercise, develop, dispose of,
assign or grant licences in respect of or otherwise turn to
account the property rights or information so acquired, and
possess, exercise and enjoy all the rights, powers and privileges
that the owner of any invention or any rights in respect thereof
or the owner of a patent or invention or of any rights there-
under may possess, exercise and enjoy.
50
14. This Act comes into force on a day to be named by Commence-
the Lieutenant Governor by his proclamation. ^^^
15. This Act may be cited as The Agricultural Research Sbort title
Institute of Ontario Act, 1961-62.
50
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BILL 51
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend
The Hospital Services Commission Act
Mr. Dymond
TORONTO
Printed and Publishkd by Frank Fogg, Queen's Printer
Explanatory Note
The purpose of this amendment is to give the Commission the right
to collect the cost of hospitalization from a person whose negligence
injures an uninsured indigent who has been hospitalized as a result of his
injuries.
51
BILL 51 1961-62
An Act to amend
The Hospital Services Commission Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Clause / of subsection 1 of section 15 of 2" he Hospital^'f^'l^y^'
Services Commission Act is repealed and the following sub-i^^Jj^^^^^g^^j- '-
stituted therefor:
(/) subrogating the Commission to any right of recovery
by an insured person or by a hospital indigent
described in the regulations in respect of any injury
or disability and providing the terms and conditions
under which an action to enforce such rights may be
begun, conducted and settled.
2. This Act comes into force on the day it receives Royal ment"^"'^^
Assent.
3. This Act may be cited as The Hospital Services Com- short title
mission Amendment Act, 1961-62.
51
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BILL 51
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend
The Hospital Services Commission Act
Mr. Dymond
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 51
1961-62
An Act to amend
The Hospital Services Commission Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Clause / of subsection 1 of section 15 of The Hospital^/fj^'l^f^^
Services Commission Act is repealed and the following sub- ^g,^^-^^^^^- '•
stituted therefor:
(I) subrogating the Commission to any right of recovery
by an insured person or by a hospital indigent
described in the regulations in respect of any injury
or disability and providing the terms and conditions
under which an action to enforce such rights may be
begun, conducted and settled.
2. This Act comes into force on the day it receives Royal ^g™^™®'^°®'
Assent.
3. This Act may be cited as The Hospital Services Com- Short title
mission Amendment Act, 1961-62.
51
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BILL 52
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Public Hospitals Act
A[k. Dymond
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The purpose of this amendment is to make it clear that no hospital
approved under The Public Hospitals Act shall dispose of any hospital land
without the approval of the Ontario Hospital Services Commission.
No change in principle is involved.
52
BILL 52 1961-62
An Act to amend The Public Hospitals Act
HER 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 4 of The Public Hospitals Act ^^^^'^^'1^%^'
amended by inserting after "No" in the first line "land", so subs. 5,
that the subsection shall read as follows:
(5) No land, building or other premises or place or any Sale. etc..
part thereof acquired or used for the purposes of a approved
hospital shall be sold, leased, mortgaged or otherwise
disposed of without the approval of the Commission.
2. This Act comes into force on the day it receives Royal Commence-
Assent.
3. This Act may be cited as The Public Hospitals Amend- short title
ment Act, 1961-62.
52
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BILL 52
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Public Hospitals Act
KIr. Dymond
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 52
1961-62
An Act to amend The Public Hospitals Act
HER 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 4 of The Public Hospitals Act ^^^f^'\^^'
amended by inserting after "No" in the first line "land" —-"'-" =
that the subsection shall read as follows:
so subs. 5,
amended
(5) No land, building or other premises or place or any^aie^etc,
part thereof acquired or used for the purposes of a approved
hospital shall be sold, leased, mortgaged or otherwise
disposed of without the approval of the Commission.
2. This Act comes into force on the day it receives Royal ment™*"*'^
Assent.
3. This Act may be cited as The Public Hospitals Amend- Short title
ment Act, 1961-62.
52
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BILL 53
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend
The Fair Employment Practices Act
Mr. Davison
TORONTO
Printkd and Published by Frank Fogg, Queen's Printer
Explanatory Note
The purpose of the amendments is to prevent discrimination in
employment because of age, except within the limits set out in the pro-
vision added by subsection 2 of section 1 of the Bill.
53
BILL 53
1961-62
An Act to amend
The Fair Employment Practices Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Section 3 of The Fair Employment Practices Act^;f^[lJ%^'
is amended by inserting after "his" in the fourth line "age", ^'^®'^*^®^
so that subsection 1 of the said section shall read as follows:
(1) No employer or person acting on behalf of an ^^'^p^J'^®''^
employer shall refuse to employ or to continue to discriminate
employ any person or discriminate against any person employment
in regard to employment or any term or condition
of employment because of his age, race, creed, colour,
nationality, ancestry or place of origin.
(2) The said section 3 is further amended by adding RS.o. i960,
thereto the following subsection: amended
(2) Nothing in subsection 1 prevents an employer from Exceptions
refusing to employ or to continue to employ a
person who is physically incapable of performing
the work required, from retiring an employee under
a bona fide retirement scheme or policy or from
varying insurance or pension coverage according to
an employee's age.
2. Section 4 of The Fair Employment Practices Act isRs.o. i960,
amended by inserting after "of" in the third line "age", soainended
that the section shall read as follows:
4. No trade union shall exclude from membership or Membership
, , , ^ , . m trade
expel or suspend any person or member or dis- union
criminate against any person or member because of
age, race, creed, colour, nationality, ancestry or place
of origin.
53
^'i^' ^^5^' ^* Section 5 of The Fair Employment Practices Act is
amended ' amended by inserting after "the" in the fifth line "age", so
that the section shall read as follows:
Employment
applications
and adver-
tisements
not to
discriminate
5. No person shall use or circulate any form of applica-
tion for employment or publish any advertisement
in connection with employment or prospective em-
ployment or make any written or oral inquiry that
expresses either directly or indirectly any limitation,
specification or preference as to the age, race, creed,
colour, nationality, ancestry or place of origin of
any person.
menV"*"^* 4. This Act comes into force on the day it receives Royal
Assent.
Short title
5. This Act may be cited as The Fair Employment Practices
Amendment Act, 1961-62.
53
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BILL 54
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to establish the Ontario Code of Human Rights
and to provide for its Administration
Mr. Warrender
TORONTO
PKjNTt;u AND Published bv Frank Fo(;c;, Quf.kn's Printer
Explanatory Noti:
The purpose of this Bill is to consolidate and revise The Fair
Employment Practices Act, The Female Employees' Fair Remuneration
Act, The Fair Accommodation Practices Act and The Ontario Human
Rights Commission Act.
Arrangement of sections —
PREAMBLE
PART I — Prohibitions - - - ss. 1-5
PART II — Commission - - - ss. 6-11
PART III — Complaints - - - ss. 12, 13
PART IV — Offences - - - - ss. 14-17
PART V - Interpretation - - - s. 18
PART VI - Miscellaneous - - - ss. 19-21
54
BILL 54
1961-62
An Act to establish the Ontario Code
of Human Rights and to provide
for its Administration
WHEREAS recognition of the inherent dignity and the^^^^^^^^
equal and inahenable rights of all members of the human
family is the foundation of freedom, justice and peace in the
world and is in accord with the Universal Declaration of
Human Rights as proclaimed by the United Nations;
And Whereas it is public policy in Ontario that every
person is free and equal in dignity and rights without regard
to race, creed, colour, nationality, ancestry or place of origin;
And Whereas these principles have been confirmed in
Ontario by a number of enactments of this Legislature;
And Whereas it is desirable to enact a measure to codify
and extend such enactments and to simplify their administra-
tion;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
PART I
1. — (1) No person shall publish or display or cause to be piscrimina-
published or displayed or permit to be published or displayed hibited in
any notice, sign, symbol, emblem or other representation signs, etc.
indicating discrimination or an intention to discriminate
against any person or any class of persons for any purpose
because of the race, creed, colour, nationality, ancestry or
place of origin of such person or class of persons.
(2) Nothing in this section shall be deemed to interfere Exception
with the free expression of opinion upon any subject. R.S.O. matters of
1960, c. 131, s. 3, amended. opinion
54
t?on°pro-"^ 2. No person, directly or indirectly, alone or with another,
hibited in by himself or by the interposition of another, shall,
places to J t-
which public
admitted
(a) deny to any person or class of persons the accom-
modation, services or facilities available in any place
to which the public is customarily admitted; or
(6) discriminate against any person or class of persons
with respect to the accommodation, services or
facilities available in any place to which the public
is customarily admitted,
because of the race, creed, colour, nationality, ancestry or
place of origin of such person or class of persons. R.S.O.
1960, c. 131, s. 2; 1960-61, c. 28, s. 1, amended.
t?on°pro-"^ 3. No person, directly or indirectly, alone or with another,
apartment ^^ himself or by the interposition of another, shall,
buildings
(a) deny to any person or class of persons occupancy of
any apartment in any building that contains more
than six self-contained dwelling units; or
(h) discriminate against any person or class of persons
with respect to any term or condition of occupancy
of any apartment in any building that contains more
than six self-contained dwelling units,
because of the race, creed, colour, nationality, ancestry or
place of origin of such person or class of persons. 1960-61,
c. 28, s. 2, amended.
Employers 4. — (1) No employer or person acting on behalf of an
discriminate employer shall refuse to employ or to continue to employ any
employment person or discriminate against any person with regard to
practices employment or any term or condition of employment because
of his race, creed, colour, nationality, ancestry or place of
origin.
Membership (2) No trade union shall exclude from membership or expel
in trsici© - * . • . •
union or suspend any person or member or discriminate against any
person or member because of race, creed, colour, nationality,
ancestry or place of origin. R.S.O. 1960, c. 132, ss. 2, 3.
ai^Ucaffis* (^) ^o person shall use or circulate any form of application
and adver- for employment or publish any advertisement in connection
not to^. ^ with employment or prospective employment or make any
written or oral inquiry that expresses either directly or in-
directly any limitation, specification or preference as to the
race, creed, colour, nationality, ancestry or place of origin of
54
discriminate
any person or that requires an applicant to furnish any in-
formation concerning race, creed, colour, nationality, ancestry
or place of origin. R.S.O. 1960, c. 132, s. 4, amended.
(4) This section does not apply, where ^^^^
not applyj
(a) to a domestic employed in a private home;
{b) to an exclusively religious, philanthropic, educa-
tional, fraternal or social organization that is not
operated for private profit or to any organization
that is operated primarily to foster the welfare of a
religious or ethnic group and that is not operated
for private profit;
(c) to an employer who employs fewer than five em-
ployees. R.S.O. 1960, c. 132, s. 5.
5. — (1) No employer or person acting on behalf of an Equal pay
employer shall discriminate between his male and female work
employees by paying a female employee at a rate of pay less
than the rate of pay paid to a male employee employed by
him for the same work done in the same establishment.
(2) A difference in the rate of pay between a female and a saving
male employee based on any factor other than sex does not
constitute a failure to comply with this section. R.S.O. 1960,
c. 139, s. 2, amended.
PART II
6. — (1) The Ontario Human Rights Commission is con- Commission
,• J ,T continued
tmued. New.
(2) The Commission shall be composed of three or more Composition
members as may be fixed from time to time by the Lieutenant
Governor in Council.
(3) The members of the Commission shall be appointed by Members
the Lieutenant Governor in Council. R.S.O. 1960, c. 270,
s. 2 (2), amended.
(4) The Lieutenant Governor in Council may designate chairman
one of the members as chairman.
(5) The Lieutenant Governor in Council may fill any Vacancies
vacancy in the membership of the Commission.
(6) The Lieutenant Governor in Council may fix the re- Remunera-
muneration of the members of the Commission. R.S.O. 1960,
c. 270, s. 2 (3-5).
54
Responsi-
bility
Function
7. The Commission is responsible to the Minister for the
administration of this Act. New.
8. The Commission has power to administer this Act and,
without limiting the generality of the foregoing, it is the
function of the Commission,
(a) to forward the principle that every person is free
and equal in dignity and rights without regard to
race, creed, colour, nationality, ancestry or place of
origin;
(6) to promote an understanding of, acceptance of and
compliance with this Act;
(c) to develop and conduct educational programmes
designed to eliminate discriminatory practices related
to race, creed, colour, nationality, ancestry or place
of origin. R.S.O. 1960, c. 270, s. 3; 1960-61, c. 63,
s. 3, amended.
staff
9. The Lieutenant Governor in Council may appoint a
secretary and such other officers, clerks and servants of the
Commission as are deemed appropriate. R.S.O. 1960, c. 270,
s. 4.
Cost
10. The cost of the administration of this Act is payable
out of the moneys appropriated therefor by the Legislature.
R.S.O. 1960, c. 270, s. 5.
Regulations H. The Lieutenant Governor in Council may make regu-
lations adding to or extending the functions of the Commission
and respecting any matter necessary or advisable to carry out
effectively the intent and purpose of this Act. R.S.O. 1960,
c. 270, s. 6, amended.
PART III
Complaints
Form of
complaint
12. — (1) The Commission itself or through any person
designated so to do may inquire into the complaint of any
person that he has been discriminated against contrary to this
Act and it shall endeavour to effect a settlement of the matter
complained of.
(2) Every such complaint shall be in writing on the form
prescribed by the Commission and shall be mailed or delivered
to the Commission at its office. R.S.O. 1960, c. 131, s. 4;
c. 132, s. 6; c. 139, s. 3, amended.
54
13.— (1) If the Commission is unable to effect a settlement ?°^^^^ °*'
of the matter complained of, the Minister may on the recom-
mendation of the Commission, appoint a board of inquiry
composed of one or more persons to investigate the matter
and shall forthwith communicate the names of the members
of the board to the parties to the complaint, and thereupon it
shall be presumed conclusively that the board was appointed
in accordance with this Act.
• P o Ajvors
(2) The board has all the powers of a conciliation board r.s.o. i960,
under section 28 of The Labour Relations Act. ^- ^°^
(3) The board shall give the parties full opportunity to Duties
present evidence and to make submissions and, if it finds
that the complaint is supported by the evidence, it shall
recommend to the Commission the course that ought to be
taken with respect to the complaint.
(4) If the board is composed of more than one person, the Majority
recommendations of the majority are the recommendations mendation
of the board. *" p'"""^"
(5) After the board has made its recommendations, the ^jJ^^^^'^j^*^^'^
Commission may direct it to clarify or amplify any of them, mendations
and they shall be deemed not to have been received by the
Commission until they have been so clarified or amplified.
(6) The Minister, on the recommendation of the Commis- Minister's
. . ' order
sion, may issue whatever order he deems necessary to carry
the recommendations of the board into effect, and such order
is final and shall be complied with in accordance with its
terms.
(7) The Lieutenant Governor in Council may determine Remunera-
the rate of remuneration of the chairman and members of
boards of inquiry appointed under this section. R.S.O. 1960,
c. 131, s, 5; c. 132, s. 7; c. 139, s. 4, amended.
PART IV
14. — (1) Every person who contravenes any provision of Offence
this Act or any order made under this Act is guilty of an
offence and on summary conviction is liable,
(a) if an individual, to a fine of not more than $100; or
(6) if a corporation, trade union, employers' organization
or employment agency, to a fine of not more than
$500. R.S.O. 1960, c. 131, s. 6 (1); c. 132, s. 8 (1);
c. 139, s. 5 (1), amended.
54
Disposition
of fines
(2) The fines recovered for offences against this Act shall
be paid to the Treasurer of Ontario and shall form part of
the Consolidated Revenue Fund. R.S.O. 1960, c. 131, s. 6 (2) ;
c. 132, s. 8 (2);c. 139, s. 5 (2).
prosecution 1^« ^o prosecution for an offence under this Act shall be
instituted except with the consent in writing of the Minister.
R.S.O. 1960, c. 131, s. 7; c. 132, s. 10 (1); c. 139, s. 6, amended.
style of
prosecutions
16. A prosecution for an offence under this Act may be
instituted against a trade union or employers' organization
in the name of the union or organization, and any act or thing
done or omitted by an officer, official or agent of a trade union
or employers' organization within the scope of his authority
to act on behalf of the trade union or employers' organization
shall be deemed to be an act or thing done or omitted by the
trade union or employers' organization. R.S.O. 1960, c. 132,
s. 9.
Injunction
proceedings
17. — (1) Where a person has been convicted of a contra-
vention of this Act, the Minister may apply by way of
originating notice to a judge of the Supreme Court for an
order enjoining such person from continuing such contraven-
tion.
Idem
(2) The judge in his discretion may make such order and
the order may be entered and enforced in the same manner
as any other order or judgment of the Supreme Court.
R.S.O. 1960, c. 131, s. 8, amended.
PART V
Interpre-
tation
18. In this Act,
(a) "Commission" means the Ontario Human Rights
Commission; R.S.O. 1960, c. 270, c. 1, cl. (a),
amended.
(b) "employers' organization" means an organization of
employers formed for purposes that include the
regulation of relations between employers and em-
ployees; R.S.O. 1960, c. 132, s. 1, cl. (c).
(c) "employment agency" includes a person who under-
takes with or without compensation to procure em-
ployees for employers and a person who undertakes
with or without compensation to procure employ-
ment for persons; R.S.O. 1960, c. 132, s. 1, cl. (b).
54
{d) "establishment" means a place of business or the
place where an undertaking or a part thereof is carried
on; R.S.O. 1960, c. 139, s. 1, cl. (b).
(e) "Minister" means the Minister of Labour or such
other member of the Executive Council to whom this
Act is assigned by the Lieutenant Governor in
Council; R.S.O. 1960, c. 131, s. 1, cl. (a); c. 132, s. 1,
cl. {d);c. 139, s. 1, cl. (c);c. 270, s. 1, cl. (b) , amended.
(/) "pay" means remuneration in any form ; R.S.O. 1960,
c. 139, s. 1, cl. (d).
ig) "person", in addition to the extended meaning given
it by The Interpretation Act, includes an employment R.s.o. i960,
agency, an employers' organization and a trade
union;
{h) "trade union" means an organization of employees
formed for purposes that include the regulation of
relations between employees and employers. R.S.O.
1960, c. 132, s. 1, els. {e,f).
PART VI
19. The Fair Employment Practices Act, The Female £w- R.s.o.^igeo,
ployees' Fair Remuneration Act, The Fair Accommodation'i'^il^'o]f^'
Practices Act, The Ontario Human Rights Commission Act, l'^^ 28 ^^3
The Fair Accommodation Practices Amendment Act, ] 960-6 1 ^^^^^^^^
and The Ontario Anti-Discrimination Commission Amendment
Act, 1960-61 are repealed.
20. This Act comes into force on a day to be named by commence-
the Lieutenant Governor by his proclamation.
21. This Act may be cited as The Ontario Human Rights short title
Code, 1961-62.
54
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BILL 54
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to establish the Ontario Code of Human Rights
and to provide for its Administration
Mr. Warrender
r o R o N T o
Printed and Published by Frank Fogg, Queen's Printer
f T ■? «,^
. shoC)
BILL 54 1961-62
An Act to establish the Ontario Code
of Human Rights and to provide
for its Administration
WHEREAS recognition of the inherent dignity and the Prea^^^^e
equal and inalienable rights of all members of the human
family is the foundation of freedom, justice and peace in the
world and is in accord with the Universal Declaration of
Human Rights as proclaimed by the United Nations;
And Whereas it is public policy in Ontario that every
person is free and equal in dignity and rights without regard
to race, creed, colour, nationality, ancestry or place of origin;
And Whereas these principles have been confirmed in
Ontario by a number of enactments of this Legislature;
And Whereas it is desirable to enact a measure to codify
and extend such enactments and to simplify their administra-
tion;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
PART I
1. — (1) No person shall publish or display or cause to be piscrimina-
published or displayed or permit to be published or displayed hibited in
any notice, sign, symbol, emblem or other representation signs, etc.
indicating discrimination or an intention to discriminate
against any person or any class of persons for any purpose
because of the race, creed, colour, nationality, ancestry or
place of origin of such person or class of persons.
(2) Nothing in this section shall be deemed to interfere Exception
with the free expression of opinion upon any subject. R.S.O. matters of
I960, c. 131, s. 3, amended. op n on
54
Moifpro-'^^ 2. No person, directly or indirectly, alone or with another,
hibited in by himself or by the interposition of another, shall,
which public
admitted
[a) deny to any person or class of persons the accom-
modation, services or facilities available in any place
to which the public is customarily admitted; or
(b) discriminate against any person or class of persons
with respect to the accommodation, services or
facilities available in any place to which the public
is customarily admitted,
because of the race, creed, colour, nationality, ancestry or
place of origin of such person or class of persons. R.S.O.
1960, c. 131, s. 2; 1960-61, c. 28, s. 1, amended.
Discrimina-
tion pro-
hibited in
apartment
buildings
3. No person, directly or indirectly, alone or with another,
by himself or by the interposition of another, shall,
(a) deny to any person or class of persons occupancy of
any apartment in any building that contains more
than six self-contained dwelling units; or
(b) discriminate against any person or class of persons
with respect to any term or condition of occupancy
of any apartment in any building that contains more
than six self-contained dwelling units,
because of the race, creed, colour, nationality, ancestry or
place of origin of such person or class of persons. 1960-61,
c. 28, s. 2, amended.
not to'^^'^^ 4r. — (1) No employer or person acting on behalf of an
discriminate employer shall refuse to employ or to continue to employ any
employment person or discriminate against any person with regard to
p ac ices employment or any term or condition of employment because
of his race, creed, colour, nationality, ancestry or place of
origin.
intrade'^^'^'^ (2) ^^ trade union shall exclude from membership or expel
union or suspend any person or member or discriminate against any
person or member because of race, creed, colour, nationality,
ancestry or place of origin. R.S.O. 1960, c. 132, ss. 2, 3.
Employment
applications
and adver-
tisements
not to
discriminate
(3) No person shall use or circulate any form of application
for employment or publish any advertisement in connection
with employment or prospective employment or make any
written or oral inquiry that expresses either directly or in-
directly any limitation, specification or preference as to the
race, creed, colour, nationality, ancestry or place of origin of
54
any person or that requires an applicant to furnish any in-
formation concerning race, creed, colour, nationality, ancestry
or place of origin. R.S.O. 1960, c. 132, s. 4, amended.
(4) This section does not apply,
{a) to a domestic employed in a private home;
{b) to an exclusively religious, philanthropic, educa-
tional, fraternal or social organization that is not
operated for private profit or to any organization
that is operated primarily to foster the welfare of a
religious or ethnic group and that is not operated
for private profit;
(c) to an employer who employs fewer than five em-
ployees. R.S.O. 1960, c. 132, s. 5.
Where
section does
not apply
5. — (1) No employer or person acting on behalf of an Equal pay
employer shall discriminate between his male and female work
employees by paying a female employee at a rate of pay less
than the rate of pay paid to a male employee employed by
him for the same work done in the same establishment.
(2) A difference in the rate of pay between a female and a Saving
male employee based on any factor other than sex does not
constitute a failure to comply with this section. R.S.O. 1960,
c. 139, s. 2, amended.
PART II
6. — (1) The Ontario Human Rights Commission is con- commission
. \ ° continued
tinned. New.
(2) The Commission shall be composed of three or more Composition
members as may be fixed from time to time by the Lieutenant
Governor in Council.
(3) The members of the Commission shall be appointed by Members
the Lieutenant Governor in Council. R.S.O. 1960, c. 270,
s. 2 (2), amended.
(4) The Lieutenant Governor in Council may designate Chairman
one of the members as chairman.
(5) The Lieutenant Governor in Council may fill any Vacancies
vacancy in the membership of the Commission,
(6) The Lieutenant Governor in Council may fix the re-Remunera-
muneration of the members of the Commission. R.S.O. 1960,
c. 270, 5. 2 (3-5).
54
Responsi-
bility
7. The Commission is responsible to the Minister for the
administration of this Act. New.
Function
8. The Commission has power to administer this Act and,
without limiting the generality of the foregoing, it is the
function of the Commission, .
{a) to forward the principle that every person is free
and equal in dignity and rights without regard to
race, creed, colour, nationality, ancestry or place of
origin ;
(b) to promote an understanding of, acceptance of and
compliance with this Act;
(c) to develop and conduct educational programmes
designed to eliminate discriminatory practices related
to race, creed, colour, nationality, ancestry or place
of origin. R.S.O. 1960, c. 270, s. 3; 1960-61, c. 63,
s. 3, amended.
staff
9. The Lieutenant Governor in Council may appoint a
secretary and such other officers, clerks and servants of the
Commission as are deemed appropriate. R.S.O. 1960, c. 270,
s. 4.
Cost
10. The cost of the administration of this Act is payable
out of the moneys appropriated therefor by the Legislature.
R.S.O. 1960, c. 270, s. 5.
Regulations 11. The Lieutenant Governor in Council may make regu-
lations adding to or extending the functions of the Commission
and respecting any matter necessary or advisable to carry out
effectively the intent and purpose of this Act. R.S.O. 1960,
c. 270, s. 6, amended.
PART III
Complaints 12.— (1) The Commission itself or through any person
designated so to do may inquire into the complaint of any
person that he has been discriminated against contrary to this
Act and it shall endeavour to effect a settlement of the matter
complained of.
complaint (2) Every such complaint shall be in writing on the form
prescribed by the Commission and shall be mailed or delivered
to the Commission at its office. R.S.O. 1960, c. 131, s. 4;
c. 132, s. 6; c. 139, s. 3, amended.
54
13. — (1) If the Commission is unable to effect a settlement ^^^^j^^ °^
of the matter complained of, the Minister may on the recom-
mendation of the Commission, appoint a board of inquiry
composed of one or more persons to investigate the matter
and shall forthwith communicate the names of the members
of the board to the parties to the complaint, and thereupon it
shall be presumed conclusively that the board was appointed
in accordance with this Act.
(2) The board has all the powers of a conciliation board r.s.o. 1960^
under section 28 of The Labour Relations Act. °- ^^^
(3) The board shall give the parties full opportunity to Duties
present evidence and to make submissions and, if it finds
that the complaint is supported by the evidence, it shall
recommend to the Commission the course that ought to be
taken with respect to the complaint.
(4) If the board is composed of more than one person, the Majority
recommendations of the majority are the recommendations mendation
of the board. *° p'""^*"
(5) After the board has made its recommendations, the ^/^^^^°j^*^°'^
Commission may direct it to clarify or amplify any of them, mendations
and they shall be deemed not to have been received by the
Commission until they have been so clarified or amplified.
(6) The Minister, on the recommendation of the Commis- Mimster'a
sion, may issue whatever order he deems necessary to carry
the recommendations of the board into effect, and such order
is final and shall be complied with in accordance with its
terms.
(7) The Lieutenant Governor in Council may determine Re^iu'^era-
the rate of remuneration of the chairman and members of
boards of inquiry appointed under this section. R.S.O. 1960,
c. 131, s. 5; c. 132, s. 7; c. 139, s. 4, amended.
PART IV
14. — (1) Every person who contravenes any provision of*^^®°°®
this Act or any order made under this Act is guilty of an
offence and on summary conviction is liable,
(a) if an individual, to a fine of not more than $100; or
(6) if a corporation, trade union, employers' organization
or employment agency, to a fine of not more than
$500. R.S.O. 1960, c. 131, s. 6 (1); c. 132, s. 8 (1);
c. 139, s. 5 (1), amended.
54
S'fln^^*^°'^ (2) The fines recovered for ofTences against this Act shall
be paid to the Treasurer of Ontario and shall form part of
the Consolidated Revenue Fund. R.S.O. 1960, c. 131, s. 6 (2);
c. 132, s. 8 (2);c. 139, s. 5 (2).
prosecution ^^* ^o prosecution for an ofifence under this Act shall be
instituted except with the consent in writing of the Minister.
R.S.O. 1960, c. 131, s. 7; c. 132, s. 10 (1); c. 139, s. 6, amended.
style of
prosecutions
16. A prosecution for an offence under this Act may be
instituted against a trade union or employers' organization
in the name of the union or organization, and any act or thing
done or omitted by an officer, official or agent of a trade union
or employers' organization within the scope of his authority
to act on behalf of the trade union or employers' organization
shall be deemed to be an act or thing done or omitted by the
trade union or employers' organization. R.S.O. 1960, c. 132,
s. 9.
Injunction
proceedings
17. — (1) Where a person has been convicted of a contra-
vention of this Act, the Minister may apply by way of
originating notice to a judge of the Supreme Court for an
order enjoining such person from continuing such contraven-
tion.
Idem
(2) The judge in his discretion may make such order and
the order may be entered and enforced in the same manner
as any other order or judgment of the Supreme Court.
R.S.O. 1960, c. 131, s. 8, amended.
PART V
Interpre-
tation
18. In this Act,
(a)
"Commission
Commission ;
amended.
' means the Ontario Human Rights
R.S.O. 1960, c. 270, c. 1, cl. (a),
(b) "employers' organization" means an organization of
employers formed for purposes that include the
regulation of relations between employers and em-
ployees; R.S.O. 1960, c. 132, s. 1, cl. (c).
(c) "employment agency" includes a person who under-
takes with or without compensation to procure em-
ployees for employers and a person who undertakes
with or without compensation to procure employ-
ment for persons; R.S.O. 1960, c. 132, s. 1, cl. (b).
54
(d) "establishment" means a place of business or the
place where an undertaking or a part thereof is carried
on; R.S.O. 1960, c. 139, s. 1, cl. (b).
(e) "Minister" means the Minister of Labour or such
other member of the Executive Council to whom this
Act is assigned by the Lieutenant Governor in
Council; R.S.O. 1960, c. 131, s. 1, cl. (a); c. 132, s. 1,
cl. (d); c. 139, s. 1, cl. (c); c. 270, s. 1, cl. (b), amended.
(J) "pay" means remuneration in any form; R.S.O. 1960,
c. 139, s. 1, cl. (d).
(g) "person", in addition to the extended meaning given
it by The Interpretation Act, includes an employment r.s.o. i960,
agency, an employers' organization and a trade °'
union ;
(Ji) "trade union" means an organization of employees
formed for purposes that include the regulation of
relations between employees and employers. R.S.O.
1960, c. 132, s. l,cls. {ej).
PART VI
19. The Fair Employment Practices Act, The Female £w- R.s.o. i960,
ployees' Fair Remuneration Act, The Fair Accommodation 131,270;
Practices Act, The Ontario Human Rights Commission ^c/, cc.^28^'63,
The Fair Accommodation Practices Amendment Act, 1960-61'^^^^^^^^
and The Ontario Anti-Discrimination Commission Amendment
Act, 1960-61 are repealed.
20. This Act comes into force on a day to be named by commence-
the Lieutenant Governor by his proclamation.
21. This Act may be cited as The Ontario Human Rights short t\t\e
Code, 1961-62.
54
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BILL 55
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act respecting Certain Lands
in the Town of Gananoque
Mr. Spooner
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The lands described in Schedule A were dedicated by the late
Joel Stone in the year 1804 to the public use as a burying ground for the
use of the inhabitants of the Village of Gananoque and its vicinity and
pursuant to a judgment of the Court of Chancery in the year 1871 were
conveyed to the Crown. Pursuant to the judgment, the Corporation of
the Village of Gananoque covenanted to take the supervision of the lands.
The lands are not now used as a burying ground, and there is evidence that
the lands have not been used for such purpose for over 80 years and that
all the bodies were removed therefrom over 80 years ago. Adjacent
owners have encroached on, fenced and used parts of the lands for many
years.
This Bill provides for the granting of letters patent to adjacent owners
who have encroached on the old burying grounds and for the granting
of the remainder of the burying grounds to the Town of Gananoque.
55
BILL 55
1961-62
An Act respecting Certain Lands
in the Town of Gananoque
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The lands composed of parts of lots 1044 to 1048, ^I'Jted in
both inclusive, as shown on the West Part of a plan registered Crown
in the Registry Office for the Registry Division of the County
of Leeds as number 86 and more particularly described in
Schedule A hereto, are hereby vested in Her Majesty the
Queen in right of Ontario in fee simple, free of any right, title,
interest or trust.
2. The Minister of Lands and Forests may direct the issue ^ncroach-
of letters patent granting to any adjacent owner who has
encroached on any part of the lands described in Schedule A
title to the part in fee simple at a fee of $50 and any cost
incurred in connection with the survey or preparation of
description of the part.
3. The Minister of Lands and Forests may direct the issue ^f®j^^^'^^®'^
of letters patent granting the part of the lands described in
Schedule A not granted under section 2 to The Corporation
of the Town of Gananoque.
4. This Act comes into force on the day it receives Royal ment"^^'^'^^
Assent.
5. This Act may be cited as The Gananoque Lands Act,^^^^^ ^^^^^
1961-62.
55
SCHEDULE A
All and Singular that certain parcel or tract of land in the Town
of Gananoque in the County of Leeds, being composed of part of lots
1044 to 1048, both inclusive, as shown on the West Part of a plan registered
in the Registry Office for the Registry Division of the said County of
Leeds as number 86 and which said parcel or tract of land may be more
particularly described as follows:
Commencing at a cross in the rock on the east side of Church Street,
distant southerly along the east side of Church Street aforesaid, 4 chains
and 38 links from the southerly limit of King Street, in the said Town of
Gananoque;
Thence about south 49 degrees east, 3 chains and 1 link to a stone
boundary;
Thence about north 40 degrees and 36 minutes east, 3 chains and
33 links to a stone boundary;
Thence about north 49 degrees west along the northerly limit of said
parcel, 3 chains and 1 link;
Thence southwesterly, 3 chains and 33 links, more or less, to the
place of beginning, containing by admeasurement one (1) acre, more or
less, together with a right-of-way to said lands 20 feet in width from a
point on Church Street nearest to the burial ground, said right-of-way
having a frontage on Church Street of 20 feet, measured northerly along
the east side of Church Street 10 feet and southerly along Church Street
10 feet from the cross in the rock on the east side of Church Street, distant
southerly 4 chains and 38 links from the southerly limit of King Street
and extending back so as to embrace all the land lying between those two
points and said described parcel of land, as such described parcel of land is
delineated and described on the plan attached to the deed from Robert
and Margaret Brough to Her Majesty Queen Victoria, dated the 18th
day of May, 1871, and registered as No. 108, in the Registry Office for the
Registry Division for the County of Leeds.
55
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BILL 55
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act respecting Certain Lands
in the Town of Gananoque
Mr. Spooner
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 55
1961-62
An Act respecting Certain Lands
in the Town of Gananoque
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The lands composed of parts of lots 1044 to 1048, vested in
both inclusive, as shown on the West Part of a plan registered crown
in the Registry Office for the Registry Division of the County
of Leeds as number 86 and more particularly described in
Schedule A hereto, are hereby vested in Her Majesty the
Queen in right of Ontario in fee simple, free of any right, title,
interest or trust.
2. The Minister of Lands and Forests may direct the issue ^'^croach-
, , . ,. -^ , , ments
oi letters patent grantnig to any adjacent owner who has
encroached on any part of the lands described in Schedule A
title to the part in fee simple at a fee of $50 and any cost
incurred in connection with the survey or preparation of
description of the part.
3. The Minister of Lands and Forests may direct the issue ^f^i^^d^^®^
of letters patent granting the part of the lands described in
Schedule A not granted under section 2 to The Corporation
of the Town of Gananoque.
4. This Act comes into force on the day it receives Royal ment^*°°^"
Assent.
5. This Act may be cited as The Gananoque Lands ^c/, ®**°^* "*'®
1961-62.
55
SCHEDULE A
All and Singular that certain parcel or tract of land in the Town
of Gananoque in the County of Leeds, being composed of part of lots
1044 to 1048, both inclusive, as shown on the West Part of a plan registered
in the Registry Office for the Registry Division of the said County of
Leeds as number 86 and which said parcel or tract of land may be more
particularly described as follows:
Commencing at a cross in the rock on the east side of Church Street,
distant southerly along the east side of Church Street aforesaid, 4 chains
and 38 links from the southerly limit of King Street, in the said Town of
Gananoque;
Thence about south 49 degrees east, 3 chains and 1 link to a stone
boundary.
Thence about north 40 degrees and 36 minutes east, 3 chains and
33 links to a stone boundary;
Thence about north 49 degrees west along the northerly limit of said
parcel, 3 chains and 1 link;
Thence southwesterly, 3 chains and 33 links, more or less, to the
place of beginning, containing by admeasurement one ( 1 ) acre, more or
less, together with a right-of-way to said lands 20 feet in width from a
point on Church Street nearest to the burial ground, said right-of-way
having a frontage on Church Street of 20 feet, measured northerly along
the east side of Church Street 10 feet and southerly along Church Street
10 feet from the cross in the rock on the east side of Church Street, distant
southerly 4 chains and 38 links from the southerly limit of King Street
and extending back so as to embrace all the land lying between those two
points and said described parcel of land, as such described parcel of land is
delineated and described on the plan attached to the deed from Robert
and Margaret Brough to Her Majesty Queen Victoria, dated the 18th
day of May, 1871, and registered as No. 108, in the Registry Office for the
Registry Division for the County of Leeds.
55
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BILL 56
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Crown Timber Act
Mr. Spooner
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1. Chips produced as by-products of the manufacture of
lumber are included in the list of products into which timber must be
manufactured in Canada.
Section 2. The provisions placing the responsibility for regeneration
of cut-over areas on the licensee are deleted, and the Minister is authorized
to enter into agreements for this purpose. This amendment is supple-
mentary to the Department's policy of shifting the primary responsibility
for regeneration to the Crown.
56
BILL 56
1961-62
An Act to amend The Crown Timber Act
HER 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 Crown Timber Act is amended by RS-O. i960,
. . -^ c. 83, s. 14,
adding thereto the foUowmg subsection: amended
(la) For the purpose of subsection 1, chips produced as a^jM^^er
by-product of the manufacture of lumber shall bedeejned
. . , . . , to be m
deemed to be manufactured into lumber.
manu-
factured
2. — (1) Clause a of subsection 1 of section 25 of The Crown^-^-^-^^^f^-
Timber Act is amended by striking out "together with a state- ^ubs. i,
ment of the measures to be taken by him from time to time amended
during the term of his licence to promote and maintain the
productivity of the areas cut over in accordance with such
annual plan" in the sixth, seventh, eighth, ninth and tenth
lines, so that the clause shall read as follows:
(a) at least sixty days before cutting operations com-
mence in each year, but not later than the 15th day
of June, an annual plan for the cutting operations
to be conducted by him during the twelve-month
period commencing on the 1st day of April in that
year; and
(2) Subsection 4 of the said section 25 is repealed and the^|gO^i|60,
following substituted therefor: siibs.U,'
re-enacted
(4) The Minister may enter into an agreement with a ^Regeneration
,. , . ■' . . . f . agreements
ucensee lor the promotion and maintenance oi the
productivity of the licensed area.
3. This Act comes into force on the day it receives Royal ^°^^"^®"'^®'
Assent.
4. This Act may be cited as The Crown Timber Amendment short title
Act, 1961-62.
56
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BILL 56
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Crown Timber Act
Mr. Spooner
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 56
1961-62
An Act to amend The Crown Timber Act
HER 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 Crown Timber Act is amended by^-|gO. i960,
adding thereto the following subsection: amended
(la) For the purpose of subsection 1, chips produced as a^jM'TfiJ^er
by-product of the manufacture of lumber shall be deemed
, , , f 1-11 to be manu-
deemed to be manuiactured mto lumber. factored
2. — (1) Clause a of subsection 1 of section 25 of The Crownn.s.o. i960.
Timber Act is amended by striking out "together with a state- siibs.' i" ^'
ment of the measures to be taken by him from time to time amended
during the term of his licence to promote and maintain the
productivity of the areas cut over in accordance with such
annual plan" in the sixth, seventh, eighth, ninth and tenth
lines, so that the clause shall read as follows:
(a) at least sixty days before cutting operations com-
mence in each year, but not later than the 15th day
of June, an annual plan for the cutting operations
to be conducted by him during the twelve-month
period commencing on the 1st day of April in that
year; and
following substituted therefor:
(2) Subsection 4 of the said section 25 is repealed and the R-^.o. i960,
C* Ho, S. ^o,
subs. 4,
re-enacted
(4) The Minister may enter into an agreement with a i^eKeneration
,. ,, . , ? f, agreements
hcensee tor the promotion and mamtenance of the
productivity of the licensed area.
3. This Act comes into force on the day it receives Royal ment"*"*^*'
Assent.
4. This Act may be cited as The Crown Timber Amendment ^'^^^^ *'**®
Act, 1961-62.
56
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BILL 57
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Mining Act
Mr. Wardrope
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
This Bill contains a revision of:
Part IX — Operation of Mines
Part X — Refinery Provisions
Part XI — Offences, Penalties and Prosecutions
The purpose of the revision is to bring these Parts into line with
modern mining practices.
57
BILL 57 1961-62
An Act to amend The Mining Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Parts IX, X and XI of The Mining Act are repealed ^ 14° • i^^O-
and the following substituted therefor: x^k^i^'
(ss. 161-626),
re-enacted ;
T^ TAX (ss. 627-636),
Part IX repealed
OPERATION OF MINES
161. — (1) In this Part, interpre-
tation
(a) "authorized" means properly authorized to perform
any specified duty or to do any specified act;
{b) "chief engineer" means the chief engineer of mines
for Ontario;
(c) "engineer" means an engineer of mines for Ontario
and includes a person designated by the Department
as a "district", "electrical" or "mechanical" engineer
of mines for Ontario;
{d) "manager" means the person responsible for the
control, management and direction of a mine or
a part of a mine or works;
(e) "qualified" means properly qualified to perform any
specified duty or to do any specified act;
(/) "rescue station superintendent" means a person in
charge of a mine rescue station.
(2) Subject to the requirements of this Act and except asResponsi-
otherwise provided in this Act, responsibility for the author- quaUflcationa
ization and decisions as to the qualifications of employees
rests with the employer or his agent. R.S.O. 1960, c. 241,
s. 161.
57
Employ-
ment,
of children
of females
EMPLOYMENT IN AND ABOUT MINES
162. — (1) No male person under the age of sixteen years
shall be employed in or about a mine, and no male person
under the age of eighteen years shall be employed under-
ground in a mine or at the working face of an open-cut work-
ings, pit or quarry.
(2) No female person shall be employed at a mine except
on surface in a technical, clerical or domestic capacity or
such other capacity that requires the exercise of normal
feminine skill or dexterity but does not involve strenuous
physical effort. R.S.O. 1960, c. 241, s. 162.
MINE RESCUE STATIONS
Establish-
ment
163. — (1) Mine rescue stations shall be established, equip-
ped, operated and maintained at such places and in such
manner as the Minister directs.
Mine rescue
officers
(2) The Lieutenant Governor in Council may appoint such
mine rescue officers as he deems advisable.
Duty of (3) The equipment and operation of mine rescue stations
miiiG rGscu©
officers shall be in the charge of mine rescue officers, and it is the
duty of such officers to teach and train mine rescue crews
and supervisors in the use and maintenance of the apparatus
in such manner as the chief engineer directs, to maintain
the apparatus in efficient and workable condition so as to be
available for immediate use, and to perform such other duties
as the chief engineer deems necessary.
(4) The owner, agent or manager of a mine shall cause
such workmen and supervisors to be trained in the use and
maintenance of mine rescue equipment as the district engineer
deems necessary.
Responsi- (5) The mine manager is responsible for the supervision
mine rescue and directipn of mine rescue crews in all mine rescue and
opera ions recovery operations conducted at the mine.
Training of
rescue crews
Cost
(6) The cost of establishing, maintaining and operating
mine rescue stations shall be paid out of the Consolidated
Revenue Fund,
Idem
(7) The Workmen's Compensation Board shall at the end
of each quarter year reimburse the Consolidated Revenue
Fund from moneys assessed and levied by the Board against
employers in the mining industry for the total amount certified
by the Deputy Minister to have been paid out under sub-
section 6.
57
(8) All moneys received from the sale or disposal of any Disposal of
equipment, buildings or machinery forming part of or apper-etc.
taining to mine rescue stations shall be paid to the Workmen's
Compensation Board and shall be placed to the credit of the
class funds of the employers in the mining industry. R.S.O.
1960, c. 241, s. 163.
HOURS OF LABOUR UNDERGROUND
164. — (1) In this section, Interpre-
^ ' tation
(a) "shift" means a body of workmen whose hours for
beginning and terminating work in the mine are the
same or approximately the same;
(6) "workman" means a person employed underground
in a mine who is not the owner or agent or an official
of the mine,
and, where any question or dispute arises as to the meaning
or application of clause h of subsection 2 or as to the meaning
of "shift", "workman", or "underground", the certificate of
the engineer is conclusive.
(2) No workman shall remain or be allowed to remain Hours of
underground in a mine for more than eight hours in any underground
consecutive twenty-four hours, which eight hours shall be
reckoned from the time he arrives at his place of work in
the mine until the time he leaves such place, except that,
(a) a shift or any part of a shift may remain or be allowed
to remain underground in a mine for more than
eight hours in any consecutive twenty-four hours
on one day of a week for the purpose of avoiding
work on Sunday or on a holiday or changing shift;
(6) such limit does not apply to a foreman, pumpman,
cagetender, or any person engaged solely in survey-
ing or measuring, nor does it apply in cases of
emergency where life or property is in imminent
danger, nor does it apply in cases of repair work.
(3) No person shall operate or be permitted to operate. Hours of
either on the surface or underground, a hoist, by means ofoFhoist'^
which persons or material are hoisted, lowered or handled
in a shaft or winze, for more than eight hours in any consecu-
tive twenty-four hours, except,
{a) that, in the event of one of the regular hoistmen being
absent from duty through sickness or otherwise and
57
where no competent substitute is available, the re-
maining hoistman or hoistmen may work extra time
not exceeding four hours each in any consecutive
twenty-four hours for a period not exceeding fourteen
days;
(b) that, in the case where the work at a mine or in a shaft
or winze at a mine is not carried out continuously
on three shifts per day, the hoistman may work such
extra time as is necessary for hoisting or lowering
the workmen employed on the shift at the beginning
and end of each shift;
(c) in the cases provided for in clauses a and b of sub-
section 2.
ofsectk)n°'^ (4) This section applies to all parts of Ontario without
county organization, and applies to the other parts of Ontario
on a day to be named by the Lieutenant Governor by his
proclamation. R.S.O. 1960, c. 241, s. 164.
QUALIFICATIONS OF HOISTMEN
Age limit
of hoistmen
165. — (1) No person under the age of twenty-one years
and no person who has not had adequate experience on a
reversing hoist shall be allowed to have charge of a hoist
at a shaft or winze in which men are handled at a mine.
Idem
(2) No person under the age of eighteen years
allowed to have charge of a hoist at a mine.
shall be
Hoistman
to be
holder of
medical
certificate
(3) No person shall operate or be permitted to operate a
hoist at a shaft or winze in which men are handled at a mine,
or for any other purpose designated by an engineer, unless
the person has been examined by a legally qualified medical
practitioner acceptable to the employer and the medical prac-
titioner has issued to the person on the form prescribed a
hoistman's medical certificate to the effect that to the best
of the practitioner's knowledge the person is not subject to
any infirmity, mental or physical (particularly with regard to
sight, hearing and heart), to such a degree as to interfere with
the efficient discharge of his duties.
Expiry of
certificate
(4) Such certificate lapses and shall be deemed to have
expired at the end of one year from its date.
Filing of
certificate
(5) Such certificate shall be kept on file by the employer
and made available to an engineer at his request.
57
(6) A record of all hoistmen's medical certificates pertaining Posting
to hoistmen operating in any one hoistroom shall be kept certificates
posted therein, showing the names of the hoistmen and the
date of the last certificate issued to each. R.S.O. 1960, c. 241,
s. 165.
(7) This section does not apply to the operation of hoists Automatic
when on automatic control. New. exempted
166. Where a contravention of section 162, 164 or 165 p^^^'^.^^^^'^^^
takes place, the owner or agent of the mine, or both of them, persons
, , , .... , , , employed
may be proceeded agamst, jomtly or separately, and may be contrary
convicted of such offence, but neither the owner nor the
agent shall be so convicted if he proves that the offence was
committed without his knowledge or consent, and that he
had caused notices of the said sections to be posted up, and
to be kept posted up, at some conspicuous place at or near
the entrance to the mining work. R.S.O. 1960, c. 241, s. 166.
MEDICAL EXAMINATIONS
167. — (1) In this section, interpre-
tation
{a) "applicant" means a person who is not the holder
of a certificate in good standing who is seeking em-
ployment in a dust exposure occupation ;
{b) "certificate" means an initial certificate, an extended
certificate, an endorsed certificate, a miner's certifi-
cate or a renewed certificate ;
(c) "dust exposure occupation" means,
(i) employment underground in a mine,
(ii) employment at the surface of a mine, other
than at a pit or quarry, in ore or rock crushing
operations where the ore or rock is not crushed
in water or a chemical solution,
(iii) employment at other locations, as designated
by the chief engineer, at the surface of a mine
or in a pit or quarry;
{d) "endorsed certificate" means an initial certificate or
extended certificate that has been endorsed under
clause b of subsection 7;
(e) "extended certificate" means an initial certificate
that has been extended under clause a of sub-
section 7;
57
R.S.O. 1960,
c. 437
(/) "initial certificate" means a certificate issued to an
applicant under subsection 6;
(g) "medical officer" means a medical officer appointed
under The Workmen' s Compensation Act to carry out
the provisions of this Act with regard to the exami-
nation of employees or applicants for employment;
{h) "miner's certificate" means a certificate issued under
subsection 8;
{i) "renewed certificate" means a miner's certificate
that has been renewed under subsection 9. R.S.O.
1960, c. 241, s. 167 (1), amended.
Employment (2) No person shall be employed in a dust exposure occu-
exposure pation unless he is the holder of a certificate in good standing.
occupation
Term of
certificate
(3) Subject to subsection 4, every certificate remains in
force for not more than twelve months, except that a medical
officer may at any time recall the holder of a certificate for
examination within the scope of the existing certificate and
may extend, endorse, renew or cancel the certificate in accord-
ance with his finding upon the examination.
Expiration
of
certificate
Examination (4) In those parts of Ontario where the examinations under
medical subsections 6 to 9 are conducted by a travelling medical
officer, no certificate shall be deemed to have expired because
of the failure of the medical officer to conduct an examination
prior to the date of expiration of a certificate, and the holder
of a certificate that would otherwise have expired shall present
himself before a medical officer for re-examination at the
first opportunity available after the date upon which his
certificate would have so expired.
(5) Where a certificate of a person employed in the mining
industry has expired because of the failure of its holder to
present himself to a medical officer for examination, a medical
officer may extend, endorse or renew the certificate or issue
a miner's certificate, as the circumstances of the case require,
if he is satisfied that the failure was caused by the inability of
the holder to so present himself because of illness or other
circumstances beyond his control.
E^^^amination (6) Every applicant shall be examined by a medical officer
employment before commencing employment, and, if the medical officer
finds upon examination that the applicant is free from disease
of the respiratory organs and otherwise fit for employment
in a dust exposure occupation, he shall issue to the applicant
an initial certificate.
57
(7) The holder of an initial certificate shall, prior to its initial
. . . certificate
expiration, present himself to a medical officer for re-examina- holder, re-
tion, and, if the medical officer finds upon examination that ^^^"^'"^^ ^^^
the holder is free from disease of the respiratory organs and
otherwise fit for employment in a dust exposure occupation,
he shall,
(a) in the case of a holder who since the issuance of his
initial certificate has completed less than eleven
months employment in a dust exposure occupation,
extend the certificate for such period as he deems
necessary to permit the holder to complete twelve
months employment in a dust exposure occupation,
and he may from time to time extend the certificate
for the same purpose; and
(b) in the case of a holder of an initial certificate who
since the issuance of his initial certificate has com-
pleted eleven months or more employment in a dust
exposure occupation, endorse the certificate.
(8) The holder of an endorsed certificate who since the ^^^^^ P^
endorsation of his initial certificate has completed eleven certificate
months or more employment in a dust exposure occupation
shall, prior to its expiration, present himself to a medical
officer for examination, and, if the medical officer finds upon
examination that the holder is free from tuberculosis of the
respiratory organs, he shall issue him a miner's certificate.
(9) The holder of a miner's certificate shall, prior to itsMmer^s^
expiration, present himself to a medical officer for re-examina- holder, ra-
tion, and, if the medical officer finds upon examination that the
holder is free from tuberculosis of the respiratory organs, he
shall renew the certificate, which may be further renewed
from year to year upon the passing of a similar examination.
(10) The holder of a certificate who for any reason is out ^^^I^^P^^y®**
of employment in a dust exposure occupation may apply to certificate
a medical officer for the extension, endorsement or renewal
of his certificate or for the issuance of a miner's certificate,
as the case may be, and, upon presentation of the holder's
certificate, the medical officer shall conduct the required
examination and effect such extension, endorsement, renewal
or issuance as is warranted by his findings upon the examina-
tion.
(11) Where the holder of an initial or extended certificate f^9^^^l°^^
has been out of employment in the mining industry for a extended
period exceeding one year and during such period has failed,
through neglect on his part, to have his certificate extended
57
8
Holderrof
endorsed or
miner's
certificate
or endorsed, such certificate is void and its holder is ehgible
for re-employment in a dust exposure occupation in the
capacity of an applicant only.
(12) Where the holder of an endorsed certificate or miner's
certificate has been out of employment in the mining industry
for a period exceeding two years and during such period has
failed, through neglect on his part, to obtain a miner's certifi-
cate or to have a miner's certificate renewed, his certificate is
void and the holder thereof is eligible for re-employment in a
dust exposure occupation in the capacity of an applicant only.
wherelun- (13) Where the holder of a certificate has been out of
employment ^'' . .... ^ ., ,.
exceeds employment m the mmmg industry tor a period exceeding
three years, he is eligible for re-employment in a dust ex-
posure occupation in the capacity of an applicant only.
Custody of
certificate
Exemption
Idem
(14) The manager or superintendent of the mine at which
the holder of a certificate is employed may require the certifi-
cate to be delivered to and left in the custody of the manager
or superintendent during the period of the holder's employ-
ment at the mine, but the certificate shall be returned to the
holder upon the termination of his employment at the mine.
(15) The chief engineer may exempt from subsections 2 to
14 any mine or any person employed thereat where, in his
opinion, the mine does not contain silica in quantity likely
to produce silicosis or where for any other reason he is of the
opinion that such subsections should not apply.
(16) Subsections 2 to 14 do not apply to a person usually
employed in a dust exposure occupation for less than fifty
hours in each calendar month.
Regulations (J 7) fhe Lieutenant Governor in Council may make regu-
lations,
(a) prescribing the nature of the examination to be
made by a medical officer under subsections 6 to 11;
(b) prescribing the forms of certificates and extensions,
endorsements and renewals thereof;
(c) generally for the better carrying out of this section.
R.S.O. 1960, c. 241, s. 167 (2-17).
PROTECTION OF UNUSED WORKINGS
Fencing 168.— (1) Where a mine has been abandoned or the work
in it has been discontinued, its owner or lessee or any other
person interested in the mineral of the mine shall cause the
57
top of the shaft and all entrances from the surface, as well as
all other pits and openings dangerous by reason of their depth
or other conditions, to be and to be kept securely fenced or
otherwise protected against inadvertent access to the satis-
faction of the engineer, except where in his opinion the mine
or workings present no greater hazard than the natural topo-
graphic features of the district.
(2) Every such person who, after notice in writing from Failure to
the engineer, fails to comply with his directions as to such after notice
fencing or protection within the time specified in the notice is
guilty of an offence against this Act.
(3) Where the engineer finds that any such fencing or when
^ . . • 1 . 1 • 1 1 111 engineer
protection is required in order to avoid danger to health or may erect
property, he may cause the work to be done and may pay the
costs incurred out of any moneys provided for the purposes
of this Act, and the amount of such costs with interest thereon
is a lien upon the mine or mining work of which notice in
such form as the Minister prescribes may be registered in the
proper registry or land titles office, and no further transfer
or other dealings with the mine or mining work shall take place
until such amount is paid.
(4) The amount of such costs with interest thereon is due Recovery
from the owner or lessee to the Crown and is recoverable of work
at the suit of the engineer in any court of competent juris-
diction.
(5) Notwithstanding subsections 3 and 4, the Minister, ^/|°JJ^rK|
either without payment or on such terms and conditions as liens
he deems proper, may cause a cessation of charge to be regis-
tered in the proper registry or land titles office, and thereupon
the lien registered under subsection 3 is void and of no effect.
R.S.O. 1960, c. 241, s. 168.
PROCEDURE, FATAL ACCIDENTS
169. — (1) Where a fatal accident occurs in or in connection Coroner
with a mine, an inquest shall be held. inquest
(2) The manager or other person in charge of a mine Duty of
wherein or in connection wherewith a fatal accident occurs
shall forthwith notify a coroner having jurisdiction in the
place where the accident occurred.
(3) A coroner who is in any way in the employment of the ^i*^^^''^*^
, f. . ... . of coroner
owner or lessee of a mine wherein or in connection wherewith
a fatal accident occurs is ineligible to act as coroner in con-
nection with such accident.
57
10
Supervising
Coroner
may direct
(4) Where a fatal accident occurs in or in connection with
a mine at a place that is more readily accessible to a coroner
not having jurisdiction in such place than to any eligible
coroner having jurisdiction thereat, the Supervising Coroner
for Ontario may direct such coroner to issue his warrant and
conduct an inquest, and the direction is such coroner's
authority therefor.
Right of
engineer
re inquest
(5) The engineer and any person authorized to act on his
behalf are entitled to be present and to examine or cross-
examine any witness at an inquest held concerning a death
caused by an accident at a mine, and, if the engineer or some-
one on his behalf is not present, the coroner shall, before pro-
ceeding with the evidence, adjourn the inquest and give the
Deputy Minister not less than four days notice of the time
and place at which the evidence is to be taken.
Scene to be
undisturbed
Notice of (6) Where in or about a mine, metallurgical works, quarry,
accidents or sand, clay or gravel pit, an accident occurs that causes
loss of life to a person employed thereat, the owner, agent,
manager or superintendent thereof shall immediately notify
the engineer resident in that part of Ontario in which the
accident occurred and the chief engineer by telephone or
telegraph.
(7) Subject to subsection 8, no person shall, except for the
purpose of saving life or relieving human suffering, interfere
with, destroy, carry away or alter the position of any wreck-
age, article or thing at the scene of or connected with the
accident until the engineer has completed an investigation of
the circumstances surrounding the accident.
fo^aUe^r^""^ (8) Where it is impossible for the engineer to make an
scene immediate investigation of an accident, the chief engineer or
engineer may permit the wreckage, article and things at
the scene of or connected with the accident to be moved
to such extent as is necessary to permit the work of the mine,
metallurgical works, quarry, or sand, clay or gravel pit, to be
proceeded with, if photographs or drawings showing details
of the scene of the accident have been made prior to the
moving. R.S.O. 1960, c. 241, s. 169.
Suspension
of provision
RESPONSIBILITY AS TO PROVISIONS
170.- — (1) Where the owner, agent or manager of a mine,
by an application in writing stating the reasons therefor,
requests the engineer to suspend the requirements of sec-
tions 173 to 594 as to such mine, the chief engineer may in
writing direct that the requirements of any such provision
do not apply to such mine, or may in writing direct that any
57
11
such provision does not apply so long as such limitations and
conditions as he sees fit to impose are observed or complied
with.
(2) The chief engineer may at any time cancel any order Cancellation
made under subsection 1 or make such alterations therein suspension
as he deems proper in view of any change in the conditions
under which the order was made or upon it appearing to
him that such change is advisable for any other reason.
(3) The manager of a mine may make rules not incon- Manager
sistent with any provision of this Part or any special direction rutes™^
made by an engineer as herein provided for the maintenance
of order and discipline and the prevention of accidents in the
mine, and may submit any rule so made to the chief engineer
who shall lay the rules before the Minister for his approval,
and, upon such approval being given, the rules take effect
after they have been posted up in a conspicuous place at
the mine for at least fourteen days, but the Minister may
disallow any of such rules or direct such changes to be made
in them as he deems proper.
(4) Every such rule, after approval and when and so long Offence
as it is posted up and is legible, has the same force and effect
as the provisions of this Act, and any person who contravenes
any such rule is liable to the penalty provided for a breach of
the provisions of this Act.
(5) The owner of a working mine or works shall appoint j^jli^^po^li-^
a manager who is responsible for the control, management carrying
««•• j-a . f Out Fui6S
and direction oi the mine or works.
(6) Except as to any provisions that the chief engineer has idem
directed are not applicable thereto,
(a) the manager of the mine shall take all necessary
and reasonable measures to enforce the provisions of
this Part and to ensure that they are observed by
every employee of the mine, and every foreman, shift
boss, mine captain and department head shall take all
necessary and reasonable measures to enforce the
requirements of all such provisions as are applicable
to the work over which he has supervision and to
ensure that they are observed by the workmen under
his charge and direction;
(b) every workman shall take all necessary and reason-
able measures to carry out his duties in accordance
with such provisions as are applicable to the work in
which he is engaged; and
57
12
(c) every person through whose neglect or wrongful
act a contravention occurs shall be deemed to have
incurred the penalties provided for a breach of the
provisions of this Part.
Idem
(7) The manager of a working property shall appoint one
or more suitable persons who are responsible, during the
manager's absence, for taking all necessary and reasonable
measures to enforce the requirements of subsection 6.
give facmties (^) ^^^ owner or agent shall provide the manager of a
to manager mine or works with the necessary means and shall afford him
to comply r -I- r 1 • • 1 1 • T^
every facility tor complying with this rart.
Liability of
contractore
and sub-
contractors
(9) Where work in or about a mine is let to a contractor
or sub-contractor, he shall comply and enforce compliance
with all the provisions of this Part pertaining to the work
over which he has control and is, in any case of non-compliance
therewith, guilty of an offence and punishable in like manner
as if he were the owner or agent. R.S.O. 1960, c. 241, s. 170.
Require-
ments
REQUIREMENTS
171. Subject to section 170, sections 173 to 594 shall be
observed and carried out at every mine. R.S.O. 1960, c. 241,
s. 171.
Interpre-
tation
172. In sections 173 to 594,
(a) "blasting agent" means a type of explosive of low
sensitivity that cannot, as mixed and packaged for
use, be detonated by a single No. 8 detonator, and,
unless specified, the requirements for explosives do
not apply to a blasting agent;
(b) "charge" means explosives or a blasting agent that
may be exploded by a single detonator or a detonator
and primer;
(c) "drum hoist" means the type of hoist that spools
the rope on the hoist drum ;
(d) "explosives" includes detonators and those powders
that are cap sensitive with a single detonator as
packaged for use, and includes black blasting
powder ;
(e) "fire-resisting", when applied to buildings, structures
or parts thereof, means constructed of steel, masonry,
reinforced concrete or other equivalent material or
any combination of such materials;
57
13
(/) "friction hoist" means the type of hoist where the
rope is driven by the friction between it and the
drum tread and where the rope is not spooled on the
hoist drum but passes over or around it;
(g) "shot" means the sound of a charge or charges being
exploded,
and the decision of an engineer as to whether or not a situation
compHes with a requirement therein in which "suitable",
"adequate", "approved", or any expression of Hke import, is
used and as to the meaning and application of any such ex-
pression is final and conclusive, and a certificate of any such
decision signed by the engineer may be used as evidence in
any court. R.S.O. 1960, c. 241, s. 172, amended.
173. — (1) It is the duty of every manager, superintendent* Duty as to
mine foreman, shift boss, hoistman, deckman, cagetender of require-
or skiptender, and every person in charge of workmen, or"^®"^*^
who handles explosives, or who operates, installs or has to do
with maintenance of any machinery or electrical apparatus
in or about a mine, to know the requirements of this Part
that apply to the work in which he is engaged.
(2) Every person employed as a foreman, meaning thereby ^^^^g^'^g
one who is exclusively engaged in supervising the work of of English
other men, shall be able to give and to receive and understand
orders in the English language.
(3) Every person in charge as a deckman, cagetender, other
skiptender or hoistman shall have a knowledge of the English knowledge
language adequate for enabling him to carry out his duties fanguage
in a thoroughly safe manner. R.S.O, 1960, c. 241, s. 173.
Fire Protection
174. — (1) General procedure to be followed both on surface Procedure
and underground in case of fire underground or in a mine
plant building that may endanger the mine entrance shall
be drawn up, and all persons concerned shall be informed and
kept informed of their duties.
(2) Copies of the procedure or suitable excerpts shall be Posting
kept posted in the shafthouse and other prominent places.
(3) Procedures for fighting fire in surface plant buildings idem
at a mine shall be drawn up and suitable signs pertaining to
and excerpts from the procedures shall be kept posted in
prominent places.
57
14
Tests
(4) Tests of the effectiveness of such procedure shall be
made at least once a year and a report of the effectiveness of
the test shall be made available to the engineer. R.S.O.
1960, c. 241, s. 174.
stench
warning
Idem
175. — (1) Every mine worked from shafts or adits pro-
ducing over 100 tons of ore per day and such other mines as
are designated by the engineer shall be equipped with an
approved apparatus for the introduction into the mine work-
ings of ethyl mercaptan or other warning gas or material
approved by the chief engineer, and such apparatus shall be
available at all times in a suitable location and kept ready
for instant use for the purpose of warning workmen under-
ground of any emergency necessitating a speedy evacuation of
the workings.
(2) A test of the effectiveness of the procedure set out in
subsection 1 of section 174 shall be made at least once a year.
R.S.O. 1960, c. 241, s. 175.
Flammable
refuse
Idem
Idem
Unused
timber
Certificate
as to
flammable
refuse
Storage of
oil and
grease
176. — (1) No flammable refuse shall be allowed to accumu-
late underground but shall be removed from the workings at
least once a week and brought to the surface and there dis-
posed of in a suitable manner.
(2) Flammable refuse shall not be allowed to accumulate
in or about a headframe, shafthouse, portalhouse or any
other plant building.
(3) Suitable metal containers for the temporary disposal
of flammable refuse, such as scrap paper, oily waste, rags
and other similar materials, shall be provided at' all shaft
stations, underground shops, lunch rooms and buildings or
enclosures necessary for the housing of machinery or equip-
ment or stores, and such containers shall be regularly emptied
and the material accumulated brought to the surface and
disposed of in a suitable manner.
(4) All timber not in use in a mine shall as soon as prac-
ticable be taken from the mine and shall not be piled up and
permitted to decay therein.
(5) Every shift boss or mine captain shall certify in writing
to the mine manager at least once a week that there is no
accumulation of flammable refuse underground in the area
under his supervision except as reported by him.
(6) Oil, grease or other flammable material shall not be
stored in a shafthouse or portalhouse, but it is permissible,
if adequate precautions are taken, to have in the shafthouse
or portalhouse, for distribution only, an amount not exceeding
the requirements for one day's operation.
57
15
(7) Volatile, flammable liquids shall not be stored in a volatile,
shafthouse or portalhouse and such material shall be trans- liquids
ported underground only in approved types of metal con-
tainers.
(8) Oil, grease or volatile flammable liquid while under- on and
ground shall be contained in suitable receptacles, and theunder-
amount of oil or grease so kept underground shall not exceed ^'^^"'^
the requirements for seven days and the amount of volatile
flammable liquid kept underground shall not exceed the re-
quirements for the current day's work. R.S.O. 1960, c. 241,
s. 176.
177. No person shall build, set or maintain a fire under- suUding
ground for any purpose unless he has proper authority and prohibited
suitable instructions for so doing, and only after the necessary
fire-fighting equipment has been provided. R.S.O. 1960,
c. 241, s. 177.
178. Where open-flame lights are used at a mine not ^j'^t'^'^^"^®
equipped with a headframe and shafthouse or portalhouse P^'e^^utions
constructed of fire-resisting materials, the interior of the
shafthouse or portalhouse shall be tightly sheeted with metal
or a suitable fire-resisting material to a height of eight feet.
R.S.O. 1960, c. 241, s. 178.
179. All underground shops, lunch rooms and buildings or underground
enclosures necessary for the housing of machinery and equip-
ment and stores and the furnishings of such shall be so located,
constructed and maintained as to reduce the fire hazard to a
minimum. R.S.O. 1960, c. 241, s. 179.
180. — (1) If the engineer is of the opinion that a fire hazard hizard
may be created at a mine by smoking, or by the use of open- ^^^^^
flame lamps, matches, or other means of producing heat or
fire, he may designate the mine or part or parts of the mine as
a fire hazard area.
(2) No person shall smoke or be allowed to smoke, use idem
open-flame lamps, matches or other means of producing heat
or fire in such areas except with the permission in writing of
the engineer and under such conditions as he deems proper.
(3) Such fire hazard areas shall be properly identified by ^'^^'^
suitable warning signs.
(4) The owner or manager shall cause such signs to be in- idem
stalled and maintained as long as the area is so designated.
R.S.O. 1960, c. 241, s. 180.
57
16
When
flammable
gas en-
countered
in mine
181. When a flammable gas in dangerous concentrations
has been found to exist in a mine working, such working or the
parts of such working concerned shall immediately be con-
sidered a fire hazard area, and every precaution shall be
taken while clearing the area or doing any work therein to
prevent ignition of the gas and these precautions shall be
continued as long as the hazard exists. R.S.O. 1960, c. 241,
s. 181.
fqutpraent"^ 182.— (1) Suitable fire-fighting equipment shall be pro-
vided and maintained in or about every headframe, shaft-
house, portalhouse and every other plant building and at every
shaft or winze station underground.
Idem
(2) Suitable fire-fighting equipment shall be provided and
maintained at all underground crushers, pump stations,
tipples and underground electrical installations except where,
in the opinion of the engineer, no fire hazard exists.
Idem (3) A properly authorized person or persons shall make a
monthly inspection of all fire-fighting equipment and shall
make a report in writing to the manager stating that such
examination has been made and certifying as to the conditions
found. R.S.O. 1960, c. 241, s. 182.
oarbfle °^ 183. — (1) Calcium carbide shall be stored on the surface
only in a suitable, dry place, other than the shafthouse or
portalhouse or changehouse, and in its original unopened
container.
of^carbide""^ (2) For the purpose of distributing calcium carbide, ade-
quate provisions for the handling of quantities not in excess
of one day's supply or 100 pounds, whichever is the greater,
shall be made at every mine.
Idem (3) Such distribution shall not take place in a shafthouse,
portalhouse or changehouse unless such structure is fire-
resisting but shall be provided for by the installation of a suit-
able distribution centre not closer than fifty feet to the nearest
point of any part of the headframe, shafthouse or portalhouse.
Handling
of
carbide
(4) Adequate precautions shall always be taken to ensure
that calcium carbide is handled in a safe manner and no
calcium carbide shall be taken underground except in suitable
containers. R.S.O. 1960, c. 241, s. 183.
Fire pro-
tection
where
torches
used
184. Where operations involving the use of acetylene,
kerosene, gasoline or other torches are conducted in a head-
frame, shafthouse, portalhouse or other building in which
a fire may endanger the mine entrance or the underground
57
17
workings of a mine, suitable measures for protection against
fire shall be adopted and rigidly adhered to. R.S.O. 1960,
c. 241, s. 184.
185. — (1) Where cylinders of compressed gas, such as underground
acetylene and oxygen, are transported underground for any taticfn oV
cutting or welding operation, all fittings, such as regulators ga^g'^®^^®'^
and manifolds, shall be disconnected from the cylinders and
the valves shall be protected in a suitable manner.
(2) Any such removable protective device shall be replaced i^em
at any time a cylinder is left unattended or before a cylinder
is moved to a new location.
(3) In all cases where cylinders of compressed gas are Operation
operated from within any cage, skip or other shaft conveyance, andTcutting
or where the cylinders are set up in a location not readily ^^'^^^^^
accessible to the workman operating the nozzle equipment,
a second competent person shall be employed at all times to
attend to the operation of the cylinder-control devices.
(4) In all cases where cylinders of compressed gas are used gj^°g"^P''®^^®^
underground for the purpose of supplying cutting or welding
equipment, special precautions shall be observed to avert the
possibility of damage to or failure of the regulators, manifolds
and hoses used in conjunction with the equipment. R.S.O.
1960, c. 241, s. 185.
186. No device for the generation of gas, such as acetylene Generation
for supplying cutting or welding equipment, shall be used inundergrounli
the underground workings of a mine. R.S.O. 1960, c. 241,^°'"'^'^*^®"
s. 186.
187. — (1) In every mine where a vertical or inclined shaft Escapement
has been sunk or an adit driven and stoping has commenced, ®^^
there shall be provided and maintained, in addition to the
hoisting shaft or the opening through which men are let into
or out of the mine and the ore extracted, a separate escape-
ment exit.
(2) Such exit shall not be less than fifty feet from the main Location
entrance to the mine and any structure covering such exit°*^®^'*
shall be of such material and so constructed to reduce the fire
hazard to a minimum.
(3) If such an escapement exit is not in existence at the when
time that stoping is commenced, work upon it shall be begun '^^^^^^'^^
as soon as stoping is commenced and shall be diligently prose-
cuted until it is completed, and means of escapement, other
57
18
than the main outlet of the mine, shall be provided to and
connected with the lowest level on which stoping operations
are being carried on.
Size of
exit
(4) The escapement exit shall be of sufficient size to afford
an easy passageway and, where necessary, shall be provided
with good and substantial ladders from the deepest workings
to the surface.
Monthly
exit
inspection
(5) The manager shall depute some competent person or
persons to make an inspection of such escapement exit at least
once a month.
Inspection (^) ^ record of such inspection and the conditions found
shall be made in writing by the person making it.
signs'show- (^) Legible signs showing the way to escapement exits
ing exits shall be posted in prominent places underground and all work-
men shall be instructed as to the location of the escapement
exits. R.S.O. 1960, c. 241, s. 187.
Buildings in
proximity
to mine
entrance
188. Unless there is first provided a second means of exit
from the mine workings, no building of other than fire-resisting
construction shall be erected within fifty feet of any closed-in
part of a headframe or portalhouse, except that the building
housing the hoist and power plant equipment may be erected
within this distance so long as such distance is not less than
thirty-five feet. R.S.O. 1960, c. 241, s. 188.
Auxiliary
exits for
plant
buildings
189. — (1) All plant buildings where men are regularly
employed, except those buildings used for explosives, shall
have suitable and adequate auxiliary exits in addition to the
main entrance.
Availability (2) Such auxiliary exits shall be maintained for use in case
of fire. R.S.O. 1960, c. 241, s. 189.
Location
of boilers
and diesel
engines
190. No steam boiler or diesel engine shall be installed in
such a manner that any part thereof is within seventy-five
feet of the centre line of the collar of a shaft or other entrance
to a mine. R.S.O. 1960, c. 241, s. 190.
Location
of internal
combustion
engines
191. No gasoline or other internal combustion engine
using highly volatile liquids or flammable gases shall be in-
stalled within fifty feet of the building housing the hoist nor
within 100 feet of the centre line of the collar of a shaft or
other entrance to a mine. R.S.O. 1960, c. 241, s. 191.
Exhaust of 192. — (1) Where an internal combustion engine is installed
combustion at a mine, provision shall be made for safely conducting
the exhaust of such engine to a point well outside the building.
engines
57
19
(2) The exhaust shall be so arranged as to avert the possi- idem
bihty of fumes re-entering the building or entering the intake
of an air compressor or contaminating the atmosphere of any
adjacent buildings or the mine workings. R.S.O. 1960, c. 241,
s. 192.
193. — (1) Except for the actual fuel tanks of operating storage of
equipment, no storage of gasoline or liquid fuel shall be per- ^^^^
mitted within 100 feet of the collar of a shaft or other entrance
of a mine.
(2) The natural drainage from such a location shall be idem
such that the flow is in a direction opposite to the location of
any such shaft or mine entrance. R.S.O. 1960, c. 241, s. 193.
194. — (1) The fuel tanks of an internal combustion engine Transfer of
installed in a building shall be so arranged that the actual ^^^^
transfer of fuel to the fuel tank takes place at a point outside
the building and the fuel is conducted to the tank in a tightly-
jointed pipe or conduit.
(2) Similar provisions for the escape of displaced air from idem
the fuel tank shall be made whereby the displaced air will be
conducted to a safe point outside the building before being
discharged into the atmosphere.
(3) The transfer of liquid fuels from one container to an- idem
other by the direct application of air under pressure shall not
be permitted, except where properly designed and tested
equipment is used for this purpose. R.S.O. 1960, c. 241, s. 194.
195. — (1) Where practicable, there shall be a sufficient ^ii"® doors
number of fire doors installed underground to cut off the shaft
and the mine openings directly associated with it from the
other workings of the mine.
(2) Fire doors shall be maintained in proper order and kept Properly
clear of all obstructions so as to be readily usable at all times.
R.S.O. 1960, c. 241, s. 195, amended.
196. Where the chief engineer deems it necessary or Refuge
advisable for the protection of workmen employed under-
ground, he may order refuge stations to be provided and
maintained at such places in the mine as he directs, and every
such refuge station shall have water, air and telephone con-
nections to the surface and be separated from the adjoining
workings by closeable openings so arranged and equipped
that gases can be prevented from entering the refuge station.
R.S.O. 1960, c. 241, s. 196.
57
20
betwe^en'°" 197.— (1) Where the chief engineer deems it necessary or
mines advisable for the protection of workmen employed under-
ground, he may recommend in writing to the Minister that a
connection between mines be established at such places as he
deems advisable and he may further recommend that such
connection be so made and equipped as to constitute a refuge
station or refuge stations.
Idem
(2) Upon the approval by the Minister of any such recom-
mendation, a copy thereof, accompanied by a copy of this
section, shall be served personally upon or sent by registered
mail to the owner or the agent and the manager of each of
the mines affected.
Committee
Idem
Idem
(3) Upon the approval of such a recommendation of the
chief engineer, the Minister may in writing signed by him
direct each of the mining companies concerned to appoint a
representative to act in its behalf on a committee under
the chairmanship of a third party, who shall be a mining
engineer recommended by the chief engineer and appointed
to the chairmanship of the committee by the Minister, and the
committee shall determine,
(a) the design, specifications and location of the con-
necting passages, bulkheads or other structures to
be constructed in order to safeguard the present
and future operations of the mines affected;
(b) the work to be done by each of the mines affected
and the proportion in which the cost of the work
and of establishing and maintaining the connection
shall be borne by the owners of the mines affected ;
(c) the time at which the work in compliance herewith
shall be commenced and completed;
(d) the proportion in which the costs and expenses of
the committee shall be borne by the owners of the
mines affected ; and
(e) such other provisions or requirements as in the
premises they deem necessary or advisable.
(4) The committee shall submit a report in writing to the
Minister, and a report of the majority of the committee shall
be deemed to be the finding of the committee.
(5) Upon the approval by the Minister of the report of
the committee, the chief engineer may issue his order for the
establishment and maintenance of such connection and refuge
station or stations (if any are recommended) in accordance
with the terms of the report.
57
21
(6) A copy of the report shall be attached to the order and ^^^^
forms a part thereof.
(7) No such order is subject to appeal upon any ground ^'^®'^
whatsoever and is enforceable in the same manner as any
order of the chief engineer. R.S.O. 1960, c. 241, s. 197.
Aid to Injured
198. — (1) At every mine, there shall be maintained a stretchers
sufficient number of properly-constructed stretchers for the
proper handling and transporting of persons who are injured
in the discharge of their duties about the mine.
(2) There shall be provided and maintained at every mine First aid
f, r • ■ t t r- -ii- supplies
tor the treatment ot any person mjured such nrst aid supplies
as are required by the regulations under The W^or^mew'5 R-s.o. i960,
Compensation Act. R.S.O. 1960, c. 241, s. 198. °'
Handling Water
199. Every working mine shall be provided with suitable Removal of
ws.tGr irom
and efficient machinery and appliances for keeping the mine mine
free from water, the accumulation or flowing of which might ^"'^ ^
endanger the lives of workmen in the mine or in any adjoining
mine. R.S.O. 1960, c. 241, s. 199.
200. Where there is or may be an accumulation of water, Pi'lpauti^^^
any working approaching the same shall have bore holes of water
kept in advance, and such additional precautionary measures
shall be taken as are deemed necessary to obviate the danger
of a sudden breaking-through of the water. R.S.O. 1960,
c. 241, s. 200.
201. A bulkhead or other suitable stop shall be placed in Pu^|j|J^^«i
every working shaft to prevent that part of the hoisting
conveyance carrying men from being inadvertently lowered
into water in the sump of the shaft. R.S.O. 1960, c. 241, s. 201.
202. — (1) For the purposes of this section, interpre-
(a) "bulkhead" means any structure built for the pur-
pose of impounding water or confining air under
pressure in a drift, crosscut or any other mine open-
ing and constructed in such a manner as to com-
pletely close off such drift, crosscut or other mine
opening;
(b) "dam" means a structure built for the purpose of
impounding water in a drift, crosscut or other mine
opening and built in such a manner as to permit an
unobstructed overflow of the water.
57
22
bufkhead°^ (2) The location of every underground bulkhead and dam
and dam within the meaning of this section shall be clearly shown on
the mine plans.
(3) No dam behind which more than twenty-five tons of
water may be impounded shall be constructed underground
without the written permission of the chief engineer and
then only when constructed in accordance with plans and
specifications that have been approved by him.
Permission
necessary,
for dam
for bulkhead (4) No bulkhead shall be constructed underground without
the written permission of the chief engineer and then only
when constructed in accordance with plans and specifications
that have been approved by him.
of'b^^kh'^d ^^^ ^" ^^^ completion of the installation of a bulkhead, the
manager shall immediately notify the chief engineer that it
has been completed. R.S.O. 1960, c. 241, s. 202.
Ventilation
Ventilation 203. — (1) The ventilation in every mine shall be such that
the air in all of its workings, which are in use or are to be used
by workmen or others, shall be free from dangerous amounts
of noxious impurities and shall contain sufficient oxygen to
obviate danger to the health of anyone employed in the mine.
Mechanical
ventilation
(2) In mine workings where such conditions cannot be ob-
tained by natural ventilation, approved means for mechancial
ventilation shall be provided and kept in operation until the
workings have been abandoned or until satisfactory natural
ventilation has been brought about therein.
Idem
(3) All structures containing fans used in connection with
the underground ventilation of a mine shall be of such con-
struction as to reduce the fire hazard to a minimum. R.S.O.
1960, c. 241, s. 203.
Unused
workings to
be tested
for gas
204. Underground workings that have been in disuse for
some time and that are not in the main ventilation circuit
shall be examined before being again used in order to ascertain
whether dangerous gases have accumulated there or whether
an oxygen deficiency exists, and only such workmen as are
necessary to make the examination shall be allowed to proceed
to such places until the places are safe to work or travel in.
R.S.O. 1960, c. 241, s. 204.
205. — (1) No internal combustion engine shall be installed
Internal
combustion
engine or Operated in a shaft or adit, or in any working in connec-
underground . ^ . . , ^ ,. , .. .°.. r
tion With a shaft or adit, unless permission m writing irom
the chief engineer is first obtained.
57
23
(2) No internal combustion engine shall be installed or idem
operated in any clay, sand or gravel pit or in any quarry or
other open pit working designated by an engineer as unsafe
for this purpose. R.S.O. 1960, c. 241, s. 205.
Sanitation
206. The manager of a mine shall provide or cause to be sanitary
... ,- 1-11 1 1- conveniences
provided on the surface and m the underground workmgs
sufficient and suitable sanitary conveniences in accordance
with the following requirements:
1. Where men are employed underground, one sanitary
convenience shall be provided for every twenty-five
persons or portion thereof on any shift.
2. Where men are employed on surface, one sanitary
convenience and one urinal shall be provided for
every twenty-five persons or portion thereof on any
shift.
3. Where women are employed, separate toilets with
entirely separate entrances from those furnished the
men shall be provided.
4. One toilet shall be provided for every fifteen women
or portion thereof on any shift.
5. Such rooms shall be clearly marked as to the sex for
which they are provided. R.S.O. 1960, c. 241, s. 206.
207. — (1) Sanitary conveniences underground shall be, idem
(a) conveniently placed, having regard to the number of
men employed on the different levels;
(b) placed in a well-ventilated part of the mine;
(c) kept clean and sanitary; and
(d) suitably disposed of regularly.
(2) Sanitary conveniences, urinals and toilets on surface idem
shall be kept clean and sanitary. R.S.O. 1960, c. 241, s. 207.
208. Any person depositing faeces in any place under- idem
ground, other than in the sanitary conveniences provided, is
guilty of an offence against this Act. R.S.O. 1960, c. 241,
s. 208.
209. A supply of wholesome drinking water shall be pro- Drinking
vided both on surface and underground at points reasonably
accessible to the working places. R.S.O. 1960, c. 241, s. 209.
57
24
Dressing
room
210. — (1) If men are employed underground or in hot or
dusty occupations on surface at a mine or works, suitable
and sufficient accommodation, including supplies of clean,
cold and warm water for washing, shall be provided above-
ground near the principal entrance of the mine or works for
enabling the persons employed to conveniently dry and change
their clothes.
Location
of
dressing
room
(2) Such accommodation, unless of fire-resisting construc-
tion, shall not be nearer than fifty feet to a shafthouse or
portalhouse and it shall not be located in a hoistroom or
boilerhouse except where a separate, properly-constructed
room is provided. R.S.O. 1960, c. 241, s. 210.
Precaution
to be
taken
Marking of
explosives
Fume classi-
fication of
explosives
Preparation
of blasting
agent
Defective
explosives
to be
reported
Storage of
explosives
and
blasting
agents
Care and Use of Explosives and Blasting Agents
211. Every possible precaution shall be taken in the
handling and transportation of explosives and blasting agents.
R.S.O. 1960, c. 241, s. 211, amended.
212. No explosive shall be used at a mine unless there
are plainly printed or marked on every original package con-
taining such explosive the name and place of business of the
manufacturer, the strength of the explosive and the date of
its manufacture. R.S.O. 1960, c. 241, s. 212.
213.— (1) Only explosives in Fume Class I as established
by the Explosives Division of the Department of Mines and
Technical Surveys of Canada or explosives and blasting
agents as permitted by the chief engineer shall be used under-
ground.
(2) The preparation of a blasting agent on a mining pro-
perty, except when prepared by a properly-authorized manu-
facturer of explosives or blasting agents, shall be done only
with the permission of the chief engineer in writing. R.S.O.
1960, c. 241, s. 213, amended.
214. Every case of supposedly defective fuse, detonator or
blasting cap, or explosive, shall be reported to an engineer
with the name and address of the manufacturer and accom-
panied, if available, by the packing slip from the original
container of such fuse, detonator or blasting cap, or explosive,
along with all other pertinent information available. R.S.O.
1960, c. 241, s. 214.
215. — (1) Except as otherwise provided, all explosives and
blasting agents and all detonators or blasting caps shall be
stored on surface in special suitable buildings, such as maga-
zines, thaw houses, detonator or blasting cap storage buildings,
or cap and fuse houses. R.S.O. 1960, c. 241, s. 215 (1),
amended.
57
25
(2) Every such building shall be under the direction of the storage
manager or a person authorized by him. authorized
person
(3) No such building shall be erected or maintained at Permission,
^ . .... . . r . necessary
a mme except with the written permission oi an engineer, nor before
until the site of the building and the style of structure have
been approved by him. R.S.O. 1960, c. 241, s. 215 (2, 3).
(4) Such written permission shall state the maximum *os^ate
quantity and kind of explosive or blasting agent that may
be stored in the building. R.S.O. 1960, c. 241, s. 215 (4),
amended.
(5) The permission shall be posted in the building. posting
(6) Where possible, every such building shall be located ^abie'of
in accordance with the British Table of Distances in respect Distances
of its distance from the mine or works or any other buildings
or any public highway or public railway.
(7) Where conditions are such that it is impossible to locate ^^^"^
such buildings in accordance with the British Table of Dis-
tances, the mine manager and an engineer shall jointly choose
the most suitable location. R.S.O. 1960, c. 241, s. 215 (5-7).
(8) Storages for blasting agents may contain three times f^^^^jll^jj^g
the quantity of blasting agent as compared to explosives as^sents
set by the British Table of Distances.
(9) Where explosives and blasting agents are stored to- idem
gether, the lesser limit of storage shall apply. New.
(10) Every such building shall be cpnstructed of such ma- ^^*®n^'^
terials as to ensure as far as possible against accident from building
any cause. R.S.O. 1960, c. 241, s. 215 (8).
(11) The requirements in reference to the care and use ofmlnts'^to
explosives and blasting agents shall be kept posted up inside "^^ posted
every such building.
(12) Every such building shall be kept securely locked ati^cked"^^
all times that the attendant is not present and it shall be ^'^'^ ^'^'^^
clearly indicated by one or more easily- visible signs that
explosives or blasting agents are stored therein. R.S.O. 1960,
c. 241, s. 215 (9, 10), amended.
(13) Such sign or signs shall be posted beside the road of^signs
approaches to the building at least eight feet above the ground
and twenty-five feet distant from the entrance. R.S.O.
I960, c. 241, s. 215 (11).
57
26
storages
to be
clean, etc.
216. All explosive, blasting agent, detonator or fuse storages
at or in a mine shall be kept clean, dry and free from grit
at all times. R.S.O. 1960, c. 241, s. 216, amended.
Floors
and
shelves
217. Floors and shelves of magazines and thaw houses
shall be treated with a suitable neutralizing agent, whenever
necessary, to remove any traces of explosive substances.
R.S.O. 1960, c. 241, s. 217.
What 218. — (1) When supplies of explosives or blasting agents
to be are removed from a magazine, those that have been longest
in the magazine shall be used first, provided they are not
defective.
used first
(2) In all cases where explosives or blasting agents have
Defective
explosives
and blasting become defective, they shall be suitably and safely disposed of.
^^^'^ ^ R.S.O. 1960, c. 241, s. 218, amended.
(3) An engineer may, if he deems it necessary to protect
Disposal
of defective
explosives life or property, arrange for the disposal of defective or
agents abandoned explosives or blasting agents, and the amount of
costs so incurred shall be due to the Crown from the owner
and recoverable in any court of competent jurisdiction. New.
Opening
cases
219. Only implements of wood or fibre shall be used in
opening cases that contain explosives. R.S.O. 1960, c. 241,
s. 219.
expfoSve°s^ 220. — (1) Explosives or blasting agents, including caps,
and blasting fuse and igniter cord, shall not be stored underground in
underground excess of the necessary underground supply for forty-eight
hours.
storage
capacity
(2) In no case shall an amount exceeding 300 pounds of
explosive or 900 pounds of blasting agent be stored in any
one place underground without the written permission of an
engineer.
perrnission ^^-^ With the written permission of an engineer and subject
for increased to such Conditions as he prescribes, other underground
capacity , . , . i- i i . • in
explosive storages may be established, but in no case shall
more than 1,000 pounds of explosive or 3,000 pounds of
blasting agent be stored in any one storage place.
^^^"^ (4) Where explosives and blasting agents are stored
together, the lesser limit of storage shall apply.
Suitable
storage
(5) Explosives or blasting agents stored underground shall
be kept in suitable containers or storage places in suitable
locations.
57
27
(6) In no case shall explosives or blasting agents be stored 1^^^®^^^^^?^^
in places where there is a possibility of a train or car colliding etc.
with the containers of the explosives or blasting agents.
(7) Where explosives or blasting agents in excess of what idem
may be stored in approved underground storages are re-
quired for such operations as longhole blasts, etc., only such
quantities as can be loaded in a twenty-four hour period shall
be kept underground at any time for such blast.
(8) Any explosives or blasting agents not loaded at the idem
end of a shift shall be stored in accordance with this section
or be adequately guarded. R.S.O. 1960, c. 241, s. 220, amended.
221, No explosive or blasting agent shall be stored within ^^^^^^^t^io"^
200 feet of a shaft station or transformer station underground.
R.S.O. 1960, c. 241, s. 221, amended.
222.— (1) Detonators or blasting caps or igniter cord shall detonators
not be stored in the same receptacle or storage building as
other explosives or blasting agents.
(2) Detonators or blasting caps or capped fuses or igniter ^eparate^^
cord, while stored in underground workings, shall be kept in
separate, suitable, closed containers or storage places.
(3) Such containers or storage places shall not be located ®"^
within twenty-five feet of any other explosives or blasting
agents. R.S.O. 1960, c. 241, s. 222, amended.
223. — (1) No fiame-type light shall be taken within twenty- Op^i^gflame
five feet of any building or place on surface in which explosives
or blasting agents are stored.
(2) No flame-type light shall be taken within ten feet of^^em
any place underground where explosives or blasting agents
are stored unless a suitable, safe arrangement for the placing
of such light is provided.
(3) No person shall smoke in any place or building where Smoking
explosives or blasting agents are stored or while handling
explosives or blasting agents. R.S.O, 1960, c. 241, s. 223,
amended.
224. — (1) A properly authorized person or persons shall o? storage"
make a thorough weekly inspection of all explosives orP^*°®^
blasting agents, explosives or blasting agents magazines,
thaw houses, detonator or blasting cap storage buildings,
cap and fuse houses, and all storage boxes or places in or about
the mine used for the purpose of storing explosives or blasting
57
28
agents or detonators or blasting caps and shall make a report
in writing to the manager stating that such inspection has been
made and certifying as to the conditions found.
condiMons^ (2) The manager shall take immediate steps to correct
rectified any unsuitable conditions found and to properly dispose of
any deteriorated explosives or blasting agents.
Careless
acts
(3) The manager shall make a prompt investigation when
an act of careless placing or handling of explosives or blasting
agents is discovered by or reported to him.
Report of
carelessness
to engineer
(4) Any employee who commits a careless act with an
explosive or blasting agent or where explosives or blasting
agents are stored, or who, having discovered such an act to
have been committed, omits or neglects to report immediately
such act to an officer in charge of the mine, is guilty of an
offence against this Act, and the officer in charge of the mine
shall immediately report such offence to the engineer or to the
Crown attorney of the county or district in which the mine is
situate. R.S.O. 1960, c. 241, s. 224, amended.
Disposal of
explosives at
shut-down
mine
225. When a mine is closed down, all explosives or blasting
agents, fuse, detonators and blasting caps shall be disposed of
and no explosive or blasting agent shall be stored at any such
closed-down mine without the written permission of the chief
engineer. R.S.O. 1960, c. 241, s. 225, amended.
Written
permission
226. No person shall take away from a mine any explosive
or blasting agent, fuse or detonator or blasting cap without
the written permission of the manager or of such person as is
authorized by the manager to give such permission. R.S.O.
1960, c. 241, s. 226, amended.
Thaw
houses
227. — (1) No building for thawing explosives shall be
maintained in connection with a mine except with the written
permission of an engineer.
^f^bufidtng (^) ^^^ building shall be above ground, and the site of the
building and the style of the structure and equipment shall
be subject to the approval of an engineer.
Quantity
stored
(3) The quantity of explosive kept in a thaw house at
any time shall not exceed the requirements of the mine for
a period of twenty-four hours plus the amount that may be
necessary to maintain that supply, but an engineer may give
permission in writing to store a quantity not in excess of the
permitted capacity of the building if, in his opinion, the
heating equipment is such that the temperature can be con-
trolled within approved safe limits.
57
29
(4) A reliable recording thermometer shall be kept in theThermo-
room in which explosives are thawed and the record thereof thaw
kept, but, where the amount of explosives in such thawing ^'^"'^^
room does not exceed 200 pounds at any one time, an engineer
may give permission in writing to use a maximum and mini-
mum registering thermometer on condition that a daily record
of high and low temperatures be made and kept on file for at
least one year.
(5) All such records shall be made available to an engineer, idem
R.S.O. 1960, c. 241, s. 227.
228. In no case shall explosives be thawed near an open fire Prohibition
or steam boiler or by direct contact with steam or hot water.
R.S.O. 1960, c. 241, s. 228, amended.
Transpor-
229. — (1) This section applies only on mining Properties t^tioj^. of ^
and only on surface. and blasting
•' agents on
surface
(2) Every motor vehicle used for carrying explosives or idem
blasting agents shall be maintained in sound mechanical
condition in all respects.
(3) Every such motor vehicle shall be conspicuously marked idem
by suitable signs or red flags easily visible from front and
rear.
(4) The metal parts of every such vehicle that may come idem
in contact with containers of explosives or blasting agents shall
be suitably covered with wood, tarpaulin or other suitable
material.
(5) No other goods or materials shall be carried in or on idem
any vehicle in which explosives or blasting agents are being
carried.
(6) Every motor vehicle transporting more than 150^^®"^
pounds of explosives or blasting agents shall be equipped with
a fire extinguisher in working order, of adequate size and
capable of dealing with a gasoline or oil fire.
(7) No motor vehicle shall be loaded with more than 80 1'*®'"
per cent of its carrying capacity when carrying explosives or
more than 100 per cent of its carrying capacity when carrying
blasting agents.
(8) Explosives or blasting agents carried on vehicles shall be idem
so secured or fastened as to prevent any part of the load
from becoming dislodged.
57
30
Idem
(9) Detonators shall not be carried in the same vehicle as
other explosives or blasting agents except in a suitable con-
tainer in a separated compartment, and in such case the
number shall not exceed 1,000 detonators.
Idem
(10) A vehicle carrying explosives or blasting agents shall
not be left unattended.
Idem
Idem
(11) Only those persons necessary for the handling of
explosives or blasting agents shall travel on a vehicle that is
carrying explosives or blasting agents.
(12) There shall be no smoking by persons on a vehicle
that is transporting explosives or blasting agents. R.S.O.
1960, c. 241, s. 229, amended.
utton^of" ^^^- — (^) When the day's supply of explosives or blasting
explosives agents is being transported in a shaft conveyance, the person
agents in in charge of such operation shall give or cause to be given
notice of the same to the deckman and hoistman.
shaft
Authori-
zation to
handle
(2) No person shall,
(a) place in;
(6) have while in; or
(c) take out of.
the shaft conveyance any explosives or blasting agents except
under the immediate supervision of a person authorized for
the purpose by the manager, superintendent, foreman or shift
boss.
materikun (^) ^° Other material shall be transported with explosives
conveyance or blasting agents in a shaft conveyance. R.S.O. 1960, c. 241,
s. 230, amended.
Transfer of
explosives
or blasting
agents from
storage
places
Transfer
without
undue
delay
231. — (1) The transfer of explosives or blasting agents
from the magazine or other surface storage place shall be so
arranged that no undue delay shall occur between the time
the explosives or blasting agents leave the surface storage place
and the time they are properly stored in designated storage
places in the mine or distributed to points of use in the mine.
(2) Explosives or blasting agents shall not be left at a level
station or near the shaft collar or other entrance to the mine
but shall be transferred from a designated storage place to
other designated storage places or points of use without undue
delay. R.S.O. 1960, c. 241, s. 231, amended.
57
31
232. — (1) Primers shall be made up as near to their point Transpor-
of use as is practicable in the interests of safety and only in detonators
sufficient numbers for the immediate work in hand.
(2) Detonators or blasting caps, capped fuses, made-up suitable
primers, igniter cord or other explosives or blasting agents
shall not be transported in a conveyance either on surface or
underground unless placed in separate, suitable, closed
containers.
(3) A workman may carry capped fuses with other ex- Kept
plosives or blasting agents from the nearest storage places to from other
a point of use without placing them in a container, if they are or^bfasting
kept separate from the other explosives or blasting agents. agents
(4) In no case shall made-up primers be transported or Made-up
TDrimsrs
carried unless placed in separate, suitable, closed containers.
R.S.O. 1960, c. 241, s. 232, amended.
233. — (1) Where explosives or blasting agents are trans- Transpor-
ported in mine workings by means of mechanical haulage, underground
including trackless equipment, the speed of the vehicle shall
not exceed 4 miles an hour and definite arrangements for the
right of way of the vehicle carrying explosives or blasting
agents shall be made before the vehicle is moved.
(2) Where mechanical track haulage is used, the locomotive idem
shall be maintained on the forward end of the train carrying
explosives or blasting agents unless some person walks in
advance of the train to effectively guard it.
(3) In track haulage, the car or cars carrying explosives or idem
blasting agents shall be separated from the locomotive by an
empty car or spacer of equivalent length, but in no case shall
explosives or blasting agents be carried on the locomotive.
(4) Where a trolley locomotive is used for the haulage of loconiotive
explosives or blasting agents in a mine, the car or cars carrying ^^"^^^®
explosives or blasting agents shall be protected from trolley-
wire contact and other existing hazards.
(5) Where trackless equipment is used for the transporta- Trackless
. ' . 11- 1 11 • equipment
tion oi explosives or blasting agents underground, the require- used
ments of section 229 apply. R.S.O. 1960, c. 241, s. 233,
amended.
234. Where parties working contiguous or adjacent claims Blasting on
or mines disagree as to the time of setting off blasts, either cfaims
party may appeal to an engineer, who shall decide upon the
time at which blasting operations thereon may be performed,
57
32
and his decision is final and conclusive and shall be observed
by them in future blasting operations. R.S.O. 1960, c. 241,
s. 234.
not'to^be^^ 235. No explosive shall be removed from its original paper
fr^^'ol-fginai ^^"^^^"^^ ^^ cartridge. R.S.O. 1960, c. 241, s. 235.
container
r^ast^heaps ^'^^' ^^ explosive shall be used to blast or break up ore,
salamander or other material where by reason of its heated
condition there is any danger or risk of premature explosion
of the charge. R.S.O. 1960, c. 241, s. 236.
Size of
drill holes
237. All drill holes shall be of sufficient size to admit of
the free insertion to the bottom of the hole of a cartridge of
explosive. R.S.O. 1960, c. 241, s. 237, amended.
BteeiToof'^ 238. In charging holes for blasting, no iron or steel tool
or rod shall be used, and no iron or steel tool shall be used in
any hole containing explosives. R.S.O. 1960, c. 241, s. 238.
befOTe'^"'^^ 239. — (1) Before drilling is commenced in a working place,
drilling ^}jg exposed face shall be washed with water and carefully
examined for misfires and cut-off holes, giving special attention
to old bottoms.
Bootleg
holes
(2) No drilling shall be done within six inches of any hole
that has been charged and blasted or any remnant of such
hole.
Hole
containing
explosives
(3) No drilling shall be done within five feet of any hole
containing explosives. R.S.O. 1960, c. 241, s. 239.
Precautions
when
loading
(4) Drilling or undercutting and charging operations under-
ground shall not be carried on simultaneously on the same face
above or below each other or within twenty -five feet horizontal
distance. New.
Due.warning 240. — (1) Every workman shall, before blasting, give or
cause to be given due warning in every direction by shouting
"Fire" and shall satisfy himself that all persons have left the
working place or the vicinity except those required to assist
him in blasting and guarding.
In pits
and
quarries
(2) In open pits or quarries where the extent of the opera-
tion or the exposure of persons renders the warning required
under subsection 1 ineffective, due warning shall be given of a
primary blast by siren or its equivalent in an approved
manner, in addition to guarding as required by section 241.
R.S.O. 1960, c. 241, s. 240.
57
33
241. — (1) Every workman shall, before blasting, cause all ^'^^^^|,'^|
entrances or approaches to the place or places where the where
blasting is to be done, or where the safety of persons may be is done
endangered by the blasting, to be effectively guarded so as
to prevent inadvertent access to such place or places while
the charges are being blasted.
(2) Subject to permission having been obtained, when ouarding
required, from the appropriate authority, where it is necessary
to stop traffic on a public road during a blasting operation, an
adequate number of fiagmen equipped with suitable red flags
shall be posted and signs, such as "DANGER", "BLASTING"
or "STOP FOR FLAGMAN", shall be posted along the road
at suitable locations to warn traffic approaching the flagman
guarding the area.
(3) Posting of signs shall not be deemed to be adequate signs not
protection to warn of blasting operations. R.S.O. 1960,
c. 241, s. 241.
242. Where possible, no connection between mine workings ^'"^^^^^[js
shall be made until a thorough examination of the working to niine
towards which the active heading is advancing has been made
and has shown that the work can be proceeded with in a safe
manner, and such point of connection shall be guarded as an
entry when blasting within twice the length of the longest drill
steel used or a minimum of fifteen feet of breaking through.
R.S.O. 1960, c. 241, s. 242.
243. Except where fired electrically, no fuse shorter than Length of
three feet shall be used in any blasting operation, nor shall any
fuse be lighted at a point closer than three feet from the
capped end. R.S.O. 1960, c. 241, s. 243.
244. — (1) Where safety fuse has been used in connection ^^tejij^^^^^j.^^
with a blast and where two or more shots are fired, no blaster to scene of
or other person shall leave or be permitted to leave his place of
refuge from the blast and return to the scene of the blast
within the number of minutes that are equal to twice the
number of feet in the longest fuse used in the blasting opera-
tion.
(2) Such time shall be calculated from the time when the ^'^®'^
last shot is heard.
(3) Where the firing has been done by means of electric Firing done
delay-action detonators and any shot has been heard, no
blaster or other person shall leave or be permitted to leave his
place of refuge and return to the scene of any blast within ten
minutes of the time at which the blasting circuit is closed.
57
34
Misfire or
missed hole
(4) In the case of a supposed misfire or missed hole in a
blasting operation, no blaster or other person shall leave or be
permitted to leave his place of refuge and return to the scene
of the blast within thirty minutes of the time he has reached
his place of refuge after the lighting of the fuse or fuses or the
closing of the blasting circuit.
Idem (5) Except when no shot is heard and a faulty circuit is
indicated, the circuit may be repaired immediately after the
blaster has assured himself that the blasting switch is locked
in the open position and the lead wires are short-circuited.
R.S.O. 1960, c. 241, s. 244.
2qu°i?ed°'^ 245. No hole shall be charged with explosives or blasting
agents unless a properly-prepared detonating agent is placed
in the charge and shall be fired in its proper sequence in the
firing of the round. R.S.O. 1960, c. 241, s. 245, amended.
Firing
required
246. — (1) All holes that are charged with explosives or
blasting agents in one loading operation shall be fired in one
blasting operation.
Idem
(2) Any hole that has been charged with explosives or blast-
ing agents, or any explosive charge that has been set, shall not
be left unfired but shall be fired at the time for blasting
required by the approved practice of -the mine. R.S.O. 1960,
c. 241, s. 246, amended.
Safety fuse 247. Where safety fuse is used in a blasting operation,
(a) suitably capped fuses shall be supplied to the work-
men in standard, uniform and safe lengths for the
operation at hand;
{b) the uncapped ends of all fuses for use in a mine shall
be suitably identified. R.S.O. 1960, c. 241, s. 247.
Lighting
fuses
248. — (1) In every case where more than one charge is
to be fired, each fuse connected to a charge of explosives or
blasting agents shall be lighted with a suitably-timed spitting
device. R.S.O. 1960, c. 241, s. 248 (1), amended.
Number of
men, lights
(2) Where more than one charge is to be fired, no workman
shall be permitted to conduct any blasting operation unless he
is accompanied by one or more other workmen.
Idem
(3) Each workman shall carry a light unless the blasting
operation is conducted on surface in daylight or under arti-
ficial light. R.S.O. 1960, c. 241, s. 248 (2, 3).
57
35
249. Before returning to the scene of a blasting operation, ventilation
every workman shall assure himself that sufficient air has been places after
introduced into the working place to drive out or dilute to a ^^ ^^^
safe degree the gases produced in the blasting operation.
R.S.O. 1960, c. 241, s. 249.
250. — (1) Where blasting is done in a raise or stope, proper Protection
precautions shall be taken to prevent closing of the means of to working
entrance to the working place or interference with the effective ^ ^"^^
circulation of air following the blast by the broken material
produced by the blast.
(2) In the case of a single-compartment raise or box-hole idem
where material from the blast may block the means of en-
trance, proper precautions shall be taken to ensure the adequate
ventilation of the working place before workmen enter it.
R.S.O. 1960, c. 241, s. 250.
251. — (1) When a workman fires any charges, he shall, ^^P^'-ggg'^^
where possible, count the number of shots. J^oies
(2) If a shot is missing, he shall report it to the mine captain idem
or shift boss.
(3) If a missed hole has not been fired at the end of a shift, idem
that fact, together with the location of the hole, shall be
reported by the mine captain or shift boss to the mine captain
or shift boss in charge of the next relay of workmen going into
that working place before work is commenced by them.
R.S.O. 1960, c. 241, s. 251 (1-3).
(4) Any charge of explosives that has missed fire shall not tl^'^e^ blasted
be withdrawn but shall be blasted at a proper time and
without undue delay. R.S.O. 1960, c. 241, s. 251 (4), amended.
(5) Any charge of blasting agent that has missed fire may idem
be washed out of the hole. New.
(6) No development heading shall be abandoned or work E'camination
1 ... • . 'It "111 1 r* ' ^ miss©ci or
therein discontinued until the material broken at the firing cut-off hole
of the last round has been cleared from the face and the whole
face of the heading examined for explosives or blasting agents
in missed or cut-off holes. R.S.O. 1960, c. 241, s. 251 (5),
amended.
252. — (1) After the first ten feet of advance has been made where
in a shaft or winze and until such time as the permanent blasting
timbers and ladders have reached the level upon which blasting '^®^"''^®
57
36
is being done, all blasting in the shaft, winze, station or other
workings being driven therefrom shall be done by means of an
electric current.
In raises
over 50°
(2) In any raise, inclined at over 50 degrees from the
horizontal, after twenty-five feet of advance has been made,
or in any raise where free escape is not ensured at all times, all
blasting shall be done by means of an electric current. R.S.O.
1960, c. 241, s. 252.
current' t b ^^^" Where blasting is done by electricity, a workman shall
disconnected not enter or allow other persons to enter the place where the
blasting charges have been fired until he has disconnected and short-
circuited the firing cables or wires from the blasting machine
or portable direct -current battery or has assured himself that
the switch of the approved blasting switch is open, the firing
cables or wires short-circuited and the blasting box locked.
R.S.O. 1960, c. 241, s. 253.
flnng^device 254. Unless permission in writing is first obtained from the
chief engineer, with approval of the proposed arrangements
necessary for special cases,
(a) where electricity from lighting or power cables is used
for firing charges, a fixed device of a design certified
by the electrical engineer as meeting the require-
ments of section 546 shall be used ;
(b) one such device shall be maintained for each indi-
vidual working place in which firing is done by means
of electricity from lighting or power cables. R.S.O.
1960, c. 241, s. 254.
Blasting by
direct-
current or
blasting
machine
255. Where the source of current is a portable direct-
current battery or a blasting machine, the firing cables or
wires shall not be connected to the source of current until
immediately before they are required for firing the charges
and shall be disconnected immediately after the connection
has been made or the machine operated for firing the charges.
R.S.O. 1960, c. 241, s. 255.
L^eadwires 256.— (1) The firing cables leading to the face shall be
circuited short-circuited while the leads from the blasting caps are
being connected to each other and to the firing cables.
Idem
(2) The short-circuit shall not be removed until the men
have retreated from the face and it shall be so located that a
premature explosion would be harmless to the men opening
the short-circuit.
57
37
(3) The short-circuit shall be replaced immediately after idem
the cables have been disconnected from the blasting machine
or the blasting switch has been opened. R.S.O. 1960, c. 241,
s. 256.
257. — (1) The firing cables or wires used for firing charges Firing cables
at one working place shall not be used for firing charges in
another working place until all proper precautions have been
taken to ensure that such firing cables or wires have no
connection with the leads from the first working place.
(2) When firing cables or wires are used in the vicinity of ?''u*'stng ^"^^
power and lighting cables, the blaster shall take proper pre- ^""^^ cables
cautions to prevent the firing cables or wires from coming in
contact with the lighting or power cables. R.S.O. 1960,
c. 241, s. 257.
Protection in Working Places, Shafts,
Winzes, Raises, etc.
258. Neither on surface nor underground shall workmen ^^^^^^^^^^
be employed in a location where men are working overhead overhead
, ^ , ^ . , , ° - operations
unless such measures tor protection are taken as the nature oi
the work permits. R.S.O. 1960, c. 241, s. 258.
259. A protective hat, manufactured for such service, ^^^*®'^*^'^®
shall be worn by every person employed,
(a) underground in a mine;
{h) in a location in a pit or quarry designated by an
engineer. R.S.O. 1960, c. 241, s. 259.
260. The top of every shaft shall be securely fenced or ^jf'f';^'^^ °l
protected by a gate or guard rail, and every pit or opening other
dangerous by reason of its depth shall be securely fenced or
otherwise protected. R.S.O. 1960, c. 241, s. 260.
261. — (1) At all shaft and winze openings on the surface Qate at
and on every level, unless securely closed off, the hoisting entrances
compartments shall be protected by a substantial gate, which
shall be kept closed except when the hoisting conveyance is
being loaded or unloaded at such level.
(2) The clearance beneath any such gate shall be kept to a idem
minimum.
(3) Where haulage tracks lead up to a hoisting compart- ^f®^^^^''^'"^
ment on surface or underground, the gate on such compart-
ment shall be reinforced in such a manner that it is sufficiently
strong to withstand any impact imparted thereto by collision
therewith of any motor, train or car operated on such tracks.
R.S.O. 1960, c. 241, s. 261.
57
38
w^nze^"^*^ 262. — (1) Every shaft and winze shall be securely cased,
timbering lined or timbered, and during sinking operations the casing,
lining or timbering shall be maintained within a safe distance
of the bottom.
Idem
(2) In no instance shall such distance exceed fifty feet.
strength of
guides, etc.
(3) The guides, guide attachments and shaft casing, lining
or timbering shall be of sufficient strength and shall be suit-
ably designed, installed and maintained so that the safety
catches referred to in section 339 may grip the guides properly
at any point in the shaft. R.S.O. 1960, c. 241, s. 262.
Protection
at shaft
stations
263. There shall be provided a safe passageway and stand-
ing room for workmen outside the shaft at all workings
opening into the shaft, and the manway shall in all cases be
directly connected with such openings. R.S.O. 1960, c. 241,
s. 263.
Protection
in sinking
operations
264. During shaft-sinking operations, no work shall be
done in any place in a shaft or winze while men are working in
another part of the shaft or winze below such place unless the
men working in the lower position are protected from the
danger of falling material by a securely-constructed covering
extending over a sufficient portion of the shaft to afford
complete protection. R.S.O. 1960, c. 241, s. 264.
Open hooks
not to
be used
265. Open hooks shall not be used in conjunction with the
suspension of any shaft staging. R.S.O. 1960, c. 241, s. 265.
Lining
compart-
ments at
levels
266. — (1) Except during sinking operations, if material is
handled in a shaft or winze compartment, there shall be
maintained around that compartment, except on the side on
which material is to be loaded or unloaded, a substantial par-
tition at the collar and at all levels.
i^em (2) Such partition shall extend above the collar and all
levels a distance not less than the height of the hoisting con-
veyance plus six feet and it shall extend below the collar and
all levels at least six feet and it shall conform to the size of
the conveyance allowing for necessary clearances. R.S.O.
1960, c. 241, s. 266.
Counter-
weight
compart-
ment
267. Wherever a counterweight is used in a shaft or winze,
it shall be safely enclosed, unless it travels on guides. R.S.O.
1960, c. 241, s. 267.
on°shaft°'' 268.— (1) No person shall do any work or conduct any
inspection examination in a compartment of a shaft or winze or in that
part of the headframe used in conjunction therewith while
57
39
hoisting operations, other than those necessary for doing such
work or conducting such examination, are in progress in such
compartment.
(2) No person shall do any work or conduct any examina- idem
tion in a shaft or winze or in that part of a headframe used in
conjunction therewith unless he is adequately protected from
accidental contact with any moving hoisting conveyance or
the danger of falling objects accidentally dislodged. R.S.O.
1960, c. 241, s. 268.
269. Where the enclosing rocks are not safe, every adit, Timbering
tunnel, stope or other working in which work is being carried workings
on or through which persons pass shall be securely cased, lined
or timbered, or otherwise made secure. R.S.O. 1960, c. 241,
s. 269.
270. Where a bucket is used in a shaft or winze for other use of
, • , • shaft
than smkmg purposes, buckets
(a) a set of doors as required by subsection 3 of section
311 shall be required at the collar and every point of
service of the shaft or winze;
(b) a suitable landing device shall be used at every
working level when the bucket is being loaded or
unloaded at that level ;
(c) simultaneous operations shall not be carried on at
more than one level until the style of structure and
method of operation of any such device installed at
intermediate levels have been submitted to and have
received the approval of an engineer. R.S.O. 1960,
c. 241, s. 270.
271. — (1) Except where approved raising equipment is used, inclined
all raises inclined at over 50 degrees that are to be driven ^^'^es
more than sixty feet slope distance shall be divided into at
least two compartments, one of which shall be maintained as
a ladderway and shall be equipped with suitable ladders.
R.S.O. 1960, c. 241, s. 271 (1), amended.
(2) The timbering shall be maintained within a safe distance idem
of the face and in no event shall the distance between the face
and the top of the timbering exceed twenty-five feet. R.S.O.
1960, c. 241, s. 271 (2).
272. — (1) Whenever, at any time, chutes are pulled where Precautions
persons are working or may enter at the time of pulling, the broken
pulling area shall be marked by signs or the persons working
57
40
in the vicinity shall be notified and, as pulling proceeds, proper
precautions shall be taken to ascertain that the broken ma-
terial is settling freely.
Idem (2) When there is any indication of a hang-up, the location
shall be adequately protected by suitable signs or barricades.
R.S.O. 1960, c. 241, s. 272.
Access to 273. Unless the entrance to a stope is capable of being
used as such at all times, a second means of entrance shall be
provided and maintained. R.S.O. 1960, c. 241, s. 273.
Guarding 274. The top of every mill hole, manway or other opening
manways,' shall be kept covered or otherwise adequately protected.
R.S.O. 1960, c. 241, s. 274.
etc.
Guarding
open
workings
275. Wherever men are working below a level in a place
the top of which is open to the level in close proximity to a
haulageway or travelway, some person shall effectively guard
the opening unless it is securely covered over or otherwise
closed off from the haulageway or travelway. R.S.O. 1960,
c. 241, s. 275.
Guarding 276. The tops of all raises or other openings to a level
tops of raises ,,,,, , .^ , %. ° ,,
shall be kept securely covered, fenced oir or protected by
suitable barricades to prevent inadvertent access thereto.
R.S.O. 1960, c. 241, s. 276.
Care of
utility-
hoists
277. Utility hoists and attached equipment used for the
raising and lowering of material shall be maintained in a safe
working condition. R.S.O. 1960, c. 241, s. 277.
Scaling bars 278. The owner or manager shall provide and maintain
^^ an adequate supply of properly-dressed scaling bars and gads
and other equipment necessary for scaling. R.S.O. 1960,
c. 241, s. 278.
to^be^used ^'^^- ^^^ owner or manager shall, when necessary, provide
life lines for the workmen, and it is the duty of the workmen
to wear such life lines at all times, when by so doing the
interests of safety will be advanced. R.S.O. 1960, c. 241,
s. 279.
water'su 1 ^^^' — ^^-^ Every place in a mine, where drilling, blasting or
to lay dust other operations produce dust in dangerous quantities, shall
be adequately supplied at all times with clean water under
pressure or other approved appliance for laying, removing
or controlling dust.
^PPJ"°^«d (2) A development heading, such as a drift, cross-cut, raise
blast or sub-drift, shall be furnished with an approved water blast
57
41
which shall discharge within an effective distance of the face
being advanced and shall be applied so as to wet the area for at
least fifteen minutes after blasting, and, if such area is not
thoroughly wetted prior to the entry of any person, it shall be
wetted down as soon as possible.
(3) Every multiple compartment raise, or sub-drift from Auxiliary
, ' . / . , . ^ r r -1 If ^i'" supply
such raise being driven over twenty-nve teet in length irom
through -ventilation, or stopes with one entry, shall be provided
with a separate air pipe independent of the air supply to any
machine or drills used therein, and such air supply shall be con-
trolled outside or at the beginning of the heading and the air
shall be turned on by the blaster after he has detonated any
blast in the heading. R.S.O. 1960, c. 241, s. 280, amended.
281. The times for blasting shall be so fixed that the work- ^j^® ^[^r
men shall be exposed as little as practicable to dust and smoke.
R.S.O. 1960, c. 241, s. 281.
282.— (1) Where there is non-continuous shift operation written
rQCorcl
in mine areas, the on-coming shift shall be warned of any ab-
normal condition affecting the safety of operations.
(2) Such warning shall consist of a written record over the ^^^"^
signature of a responsible person on the off-going shift and
shall be read and countersigned by the corresponding re-
sponsible person on the on-coming shift before workmen are
permitted to resume operations in the areas indicated in such
record. R.S.O. 1960, c. 241, s. 282.
283. At every mine where persons are employed under- Rf ®9}^''°i
ground, a suitable system shall be established and maintained systems
to check in persons who have gone underground and check out
persons who have returned to surface, and it is the duty
of such persons to check in and check out in accordance with
such system. R.S.O. 1960, c. 241, s. 283.
284. Where repair work is in progress in a manway or signs
conditions arise that may endanger travel through the man- repair wo"^
way, it shall be closed off or adequate signs designating its
unfitness for travel purposes shall be posted at all entrances
to it. R.S.O. 1960, c. 241, s. 284.
285.— (1) Diamond-drill holes shall be plotted on aliaX^^es'
working plans of levels.
(2) When an active mine heading is advancing toward a Guarded
,.,,.,,,, , ,, , ° . f . while
diamond-drill hole, the collar or the nearest points ot inter- blasting
section of the hole or both shall be securely closed off or
guarded at all times that blasting is being done within fifteen
feet of any possible intersection of the hole.
57
42
Marked
(3) The collar and any points of intersection of every dia-
mond-drill hole shall be plainly marked at the time that
drilling is discontinued or an intersection made.
Idem,
with letter
"H"
(4) Such markings shall consist of a single capital letter
"H" in yellow paint measuring twelve inches by twelve inches,
which shall be placed within four feet of the collar or inter-
section. R.S.O. 1960, c. 241, s. 285.
Tailings
used
for fill
286. Where tailings are used for filling worked -out areas
underground, the moisture contained in the tailings and the
liquid draining ofif therefrom shall not have a higher cyanide
content than .005% expressed as cyanide of potassium.
R.S.O. 1960, c. 241, s. 286.
Examination
of mine
workings
Examination of Mine Workings
and Shaft Inspection
287. The owner or manager of a mine or some authorized
person or persons shall examine daily all parts where drilling
and blasting are being carried on, shall examine at least once
a week the other parts in which operations are being carried
on, such as shafts, winzes, levels, stopes, drifts, cross-cuts and
raises, in order to ascertain that they are in a safe working
condition and shall inspect and scale or cause to be inspected
and scaled the roofs and walls of all stopes or other working
places as often as the nature of the ground and of the work
performed necessitates. R.S.O. 1960, c. 241, s. 287.
Shaft
inspection
288. — (1) The owner or manager of a mine where a hoist
is in use shall depute some competent person or persons whose
duty it is to make an inspection of the shaft at least once each
week, and in addition a thorough examination shall be made
at least once each month of the guides, timber, walls and
hoisting compartments generally of the shaft, and a record of
such inspection and examination shall be made in the Shaft
Inspection Record Book by the person making the examina-
tion.
Shaft
Inspection
Record
Book
(2) Such owner or manager shall keep or cause to be kept
at the mine a book for each shaft termed the Shaft Inspection
Record Book in which shall be recorded a report of every such
examination, as is referred to in this section, signed by the
persons making the examination.
Entries
to be
initialled
(3) Such entries of examinations shall be read and initialled
every week by the person in charge of the maintenance of the
shaft.
57
43
(4) A notation shall be made of any dangerous condition Dangerous
',,, . , .. . , . ^ conditions
reported and the action taken regardnig it over the signature noted
of the person in charge of the maintenance of the shaft.
(5) The Shaft Inspection Record Book shall be made avail- f^^e^ginler
able to an engineer at all times. R.S.O. 1960, c. 241, s. 288.
Ladderways and Ladders
289. — (1) A suitable footway or ladderway shall be pro- l^f ghaftl^^'^
vided in every shaft and winze. and winzes
(2) In shafts and winzes, no ladder, except an auxiliary Not_in
ladder used in sinking operations, shall be installed in a position
vertical position.
(3) During sinking operations, if a ladder is not maintained operitfons
to the bottom, an auxiliary ladder that will reach from the
permanent ladders to the bottom shall be provided in such
convenient position that it may be promptly lowered to any
point at which men are working.
(4) Wherever, about shafts and winzes and headframes used ^eadframes
in conjunction therewith, it is necessary for persons to ex-
amine or inspect appliances installed therein, suitable ladder-
ways or stairways and platforms shall be maintained to permit
such work to be carried out in a safe manner. R.S.O. 1960,
c. 241, s. 289.
290. The footway or ladderway in a shaft or winze shall between^
be separated from the compartment or division of the shaft or ^d^h^gting
winze in which material, conveyance or counterweight is ^^t^^*"*'
hoisted by a suitable and tightly-closed partition in the loca-
tion required by section 266, and similarly in the remaining
shaft sections, or by metal of suitable weight and mesh. R.S.O.
1960, c. 241, s. 290.
291. — (1) In a shaft or winze inclined at over 70 degrees Ladderway
from the horizontal or in a headframe used in conjunction over 70°'
with the shaft or winze, substantial platforms shall be built
at intervals not exceeding twenty-one feet in the ladderway
and shall be covered, except for an opening large enough to
permit the passage of a man's body, and the ladders shall be
so placed as to cover this opening in the platform.
(2) In a shaft or winze inclined at less than 70 degrees from under 70°
the horizontal or in a headframe used in conjunction with
the shaft or winze, the ladders may be continuous, but sub-
stantial platforms shall be built at intervals not exceeding
twenty-one feet in the ladderway and shall be covered, except
57
44
for an opening large enough to permit the passage of a man's
body. R.S.O. 1960, c. 241, s. 291.
When
stairway
permissible
292. — (1) Stairways may be used in a shaft or winze
inclined at less than 50 degrees from the horizontal.
Hand-rail
(2) All Stairways in shafts and winzes shall be equipped
with a suitably-placed hand-rail. R.S.O. 1960, c. 241, s. 292.
Ladder\yays. 293. — (1) All ladderways in raises, stopes and other man-
workings ways shall be installed and maintained in a workmanlike
manner to reduce to a minimum the hazard of a man falling
therefrom. R.S.O. 1960, c. 241, s. 293 (1).
Landing
platforms
(2) In manways inclined at 70 degrees and over, landing
platforms shall be installed at intervals not exceeding twenty-
one feet in the ladderway and the ladders shall be off-set at
the platforms.
Idem
(3) In manways inclined at under 70 degrees and over 50
degrees, landing platforms shall be installed at intervals not
exceeding twenty-one feet in the ladderway and the ladders
may be continuous.
Idem
(4) In manways inclined at 50 degrees and under, the ladders
may be continuous and no platforms are required except at
points of off -set. R.S.O. 1960, c. 241, s. 293 (2), amended.
i^dd^ere^^ ^^^- ^^^e rope or strands of wire rope shall not be used or
be allowed to be used for climbing purposes if they are frayed
or have projecting broken wires. R.S.O. 1960, c. 241, s. 294.
foMadTers ^^^- Every ladder shall project at least three feet above
its platform, except where strong hand-rails are provided.
R.S.O. 1960, c. 241, s. 295.
Ladders
Distance,
between
rungs
296. — (1) Every ladder shall be of strong construction,
shall be securely placed and shall be maintained in good
repair.
(2) The distance between centres of rungs of ladders shall
not be greater than twelve inches nor less than ten inches, and
the spacing of rungs shall not vary more than one-half inch
in any ladderway.
from wall (3) In order to give a proper foothold, the rungs shall in no
case be closer than four inches from the wall of a shaft, winze
or raise or any timber underneath the ladder. R.S.O. 1960,
c. 241, s. 296.
57
45
Haulage
297. — (1) Every locomotive, engine, trolley or motor warning
vehicle used above or below ground shall be equipped with a
suitable audible signal that shall be maintained in proper
working condition.
(2) Except when used in adequately lighted buildings or^®^^^^^^*
areas, every locomotive, engine, trolley or motor vehicle used taii-Ught
above or below ground shall be equipped with a headlight or
headlights that shall be maintained in proper working con-
dition, and motor vehicles used for trackless haulage shall be
equipped with a suitable tail-light or tail-lights that shall be
maintained in proper working condition.
(3) Every self-propelled unit of trackless haulage equip- ^}|^^*^ *°
ment used below ground shall be equipped with suitable lights width
n 11 • 1 .. .^ r 11 -11 of vehicle
or reilectors that show m the direction oi travel the width
of the vehicle. R.S.O. 1960, c. 241, s. 297.
298. Control levers of storage battery and trolley loco- {^°^*J°*
motives shall be so arranged that the lever cannot accidentally
be removed when the power is on. R.S.O. 1960, c. 241, s. 298.
299. — (1) The audible signal on a locomotive, engine, ^^[^|^|j^^
trolley or motor vehicle when used underground or in an *» be used
enclosed building shall be sounded when the vehicle starts to
move and at such other times as warning of danger is required.
(2) In mechanical haulage underground, a suitable tail- J^ ^trafns*^
light shall be used in conjunction with made-up trains.
(3) The locomotive operating platform shall be provided protect °
with a suitable seat and an adequate guard for the protection motorman
of the motorman. R.S.O. 1960, c. 241, s. 299.
300. — (1) In mechanical haulage in any level, drift or ^ehicies'^'^
tunnel in or about a mine, no unauthorized person shall ride prohibited
on any vehicle.
(2) Special trips for persons only shall be made on approved ^^
vehicles. R.S.O. 1960, c. 241, s. 300.
301. — (1) On every level on which mechanical track J^^^glf^fy
haulage is employed, a clearance of at least eighteen inches ^*^*^°'^^
shall be maintained between the sides of the level and the cars
or locomotive, or there shall be a clearance of twenty-four
inches on one side, or safety stations shall be cut every 100 feet.
(2) Such safety stations shall be plainly marked. « marking
57
46
Clearance
for
trackless
haulage
(3) On every level on which mechanical trackless haulage
equipment is employed, a minimum total clearance of five feet
shall be maintained between the sides of the haulageway or
workings and the mechanical equipment.
Idem,
plus
pedestrian
travel
(4) On every level regularly used both for pedestrian traffic
and trackless haulage where there is a total minimum clear-
ance of less than seven feet, safety stations shall be cut at
intervals not exceeding 100 feet and they shall be plainly
marked.
ciear^dr^^^ (5) All regular travelways shall be maintained clear of
obstructions debris or obstructions that are likely to interfere with safe
travel. R.S.O. 1960, c. 241, s. 301.
locomotive** ^^^- ^° haulage locomotive or trackless haulage equip-
or^p^kiess ment shall be left unattended unless the controls have been
placed in the neutral position and the brakes have been set.
R.S.O. 1960, c. 241, s. 302.
Hoisting by
automatic
control
Shaft Hoisting Practice
303. — (1) The hoisting of men or material in mine shafts
by automatic control is subject to the approval of the chief
engineer.
Idem
(2) Where a hoist is being operated by automatic control
and no other means of hoisting men is provided, there shall
be available a man qualified to operate the hoist manually
when men are underground. R.S.O. 1960, c. 241, s. 303,
amended.
Raising and
lowering
material
304. — (1) Where steel, timber or other material is being
raised or lowered in a shaft conveyance, it shall be loaded
in such a manner as to prevent it from shifting its position,
and, if necessary, it shall be secured to the conveyance.
Long
material
properly
secured
(2) When such material projects above the sides of the
conveyance, it shall be securely fastened to the conveyance
or lashed to the hoisting rope in such a manner as not to
damage the rope. R.S.O. 1960, c. 241, s. 304.
Compart-
ment to be
lined where
crosshead
not used
305. Where a crosshead is not used in a vertical shaft or
winze, the compartment in which the bucket works shall be
closely lined with sized lumber. R.S.O. 1960, c. 241, s. 305.
Level of
load in
bucket
or skip
306. In the course of sinking a shaft or winze, the bucket
or skip shall be filled only in such a manner that no piece of
loose rock projects above the level of the brim. R.S.O. 1960,
c. 241, s. 306.
57
47
307. In shaft-sinking operations, where the hoisting speed foisting
exceeds 1,000 feet per minute, men shall ride in the bucket buckets
above the bottom crosshead stop. R.S.O. 1960, c. 241, s. 307.
308. — (1) During sinking operations in a shaft or winze. Lowering
the bucket or skip used for returning men to the working place blast
following a blasting operation shall not be lowered on the
initial trip beyond the point where, owing to the blast, it may
be unsafe to go without a careful examination, and in no case
shall the point be less than fifty feet above the blasting set or
bulkhead.
(2) The bucket or skip shall be lowered from such point ^^®"^
only on signal from the men accompanying it and at such
speed as to be fully under control, by signal, of such men.
(3) Only sufficient men shall be carried on such a trip as are idem
required to properly conduct a careful examination of the
shaft or winze. R.S.O. 1960, c. 241, s. 308.
309. In the course of sinking a shaft or winze, the bucket ^ucket^or^
or skip shall not be lowered directly to the bottom but shall be lowered
be held at least fifteen feet above and shall remain there until to face
a separate signal to lower it has been given by a properly
authorized person. R.S.O. 1960, c. 241, s. 309.
310. No bucket shall be allowed to leave the top or bottom j^g"g^g®ad*ied
of a shaft or winze until the workman in charge of it has
steadied it or caused it to be steadied. R.S.O. 1960, c. 241,
s. 310.
311. — (1) In the course of sinking a shaft or winze. Protection
adequate provision shall be made and maintained to ensure dumping
the impossibility of the bucket or skip being dumped while
the dumping doors are open or other means applied to prevent
spillage from falling into the shaft or winze.
(2) The design of a device for this purpose shall be sub- ^^b^"^
mitted for the approval of the mechanical engineer before ^pp''^'*^®^
such device is installed.
(3) A door or doors to cover the sinking compartments ^yg^*°
shall be maintained at the collar or other point of service of *^i"^i'^s com-
, , . ,.,.,... ^ partment
every snait or winze while sinking is in progress.
(4) Such door or doors shall be kept closed at all times that ^^en foacfing
tools or material are being loaded into or unloaded from the bucket
bucket or skip at the collar or other point of service of every
shaft or winze, except when the bucket or skip is unloaded by
dumping arrangements as provided for in subsections 1 and 2.
57
48
when me^n*^ (^) ^^^ door or doors shall be closed when men are loaded
loaded or unloaded, except where a safety crosshead fills the compart-
ment at the collar or other point of service. R.S.O. 1960,
c. 241, s. 311.
Cage for
handling
men
312. Except during sinking operations, whenever a mine
shaft or winze exceeds 300 feet in vertical depth, a suitable
cage or skip constructed as required by sections 338 and 339
shall be provided for lowering or raising men in the shaft or
winze. R.S.O. 1960, c. 241, s. 312.
Cage doors
to be closed
Idem
313. — (1) No person shall travel or be permitted to travel
in a cage at any time, except during shaft inspection, unless
the doors of the cage are securely closed.
(2) The cage doors shall not be opened until a full stop has
been made at the point or station signalled for, except during
trips of inspection, but, in the case of an inadvertent stop at a
point in the shaft or winze, other than a station, the cage doors
may be opened and the men may leave the cage on instructions
to do so by a properly authorized person. R.S.O. 1960, c. 241,
s. 313.
Operation
of chairs
314. — (1) Where chairs are used for the purpose of landing
a shaft conveyance at a point in a shaft or winze, except
when hoisting in balance from that point, the chairs shall not
be put into operation unless the proper chairing signal has
been given to the hoistman.
i<^em (2) Chairs shall not be used when men are handled.
1960, c. 241, s. 314.
R.S.O.
Hoisting
men and
material
simul-
taneously
315. — (1) No person shall travel or be permitted to travel
in a bucket, cage or skip operated by a hoist that is being
simultaneously used for the hoisting of mineral or material,
except as provided for in clause c of section 316. R.S.O.
1960, c. 241, s. 315 (1).
in approved ('^^ "^"^ person shall be hoisted or lowered, or permit himself
conveyances to be hoisted or lowered, in a shaft or other underground
opening except in an approved raise climber, or a scaling
platform, or in an approved hoisting conveyance as provided
for in section 316, but this prohibition does not apply where
men are raised or lowered by hand by suitable means as in
construction, maintenance or repair work. R.S.O. 1960,
c. 241, s. 315 (2), amended.
Sreo'lisnot 316. No person shall be lowered or hoisted or allow him-
hois^ed ®^^^ ^° ^^ lowered or hoisted in a shaft, winze or other under-
ground opening.
57
49
(a) in a bucket or skip, except that men employed in
shaft sinking may ascend and descend to and from
the sinking deck or other place of safety and the men
employed in shaft inspection and maintenance may
be hoisted and lowered in the shaft by means of
such conveyance;
(b) in a cage or skip that does not meet the requirements
of sections 339 and 341, except as provided for in
clause a of this section or section 340;
(c) in a cage, skip or bucket that is loaded with powder,
steel, timber or other material or equipment, except
when the presence of such person is necessary for
the purpose of handling such material;
(d) in a cage, skip or bucket carrying powder, steel,
equipment or material, unless the same is adequately
secured, but nothing in this clause prohibits men
from carrying personal hand tools or equipment ap-
proved by the district engineer in a conveyance if
such tools or equipment are properly protected with
guards and the conveyance is not overcrowded;
(e) except during shaft-sinking operations or shaft in-
spection and maintenance operations, in any shaft
conveyance, unless the shaft conveyance is in charge
of a person properly authorized to act as cagetender
or skiptender. R.S.O. 1960, c. 241, s. 316.
317. Except in the course of sinking a shaft, no person use of
shall enter or be allowed to enter a shaft conveyance, or work if°drunf "^^
upon or under a shaft conveyance, when the corresponding "'^°^"*°^®^
drum of the hoist is unclutched, unless the conveyance is first
secured in position by chairing or blocking. R.S.O. 1960,
c. 241, s. 317.
318. — (1) In this section,
{a) "authorized maximum load of men" means the total
weight of men permitted by the district engineer to
ride at any time in the shaft conveyance;
(b) "maximum allowable weight" means the maximum
weight permitted by this Act to be attached to the
rope in service or the maximum weight attached to
the rope that the hoist is capable of handling, which-
ever is the lesser.
Interpre-
tation
57
50
Weight
specified by
manu-
facturer
(2) The weight that a hoist is capable of handling shall be
that set out in the manufacturer's specifications or approved
by an independent competent mine hoist design engineer.
Certificate
re maximum
loads
(3) In case a hoisting rope is used for the raising and
lowering of both men and materials, the weight attached to
the rope in the former case, when the bucket, cage or skip is
bearing its authorized maximum load of men, shall not exceed
85 per cent of the maximum allowable weight when the rope
is in use for other purposes, and the owner or manager shall
obtain from the district engineer resident in the district a
certificate in writing setting out the maximum loads of both
men and materials that may be carried in the shaft convey-
ance before men are so carried. R.S.O. 1960, c. 241, s. 318
(1-3).
Friction
hoists
(4) For friction hoists, the conveyance man-load shall be
determined as follows: 0.85 (maximum material load plus
the weight of the conveyance) minus the weight of the con-
veyance. New.
When
certificate
issued
(5) The district engineer may issue the certificate referred
to in subsection 3 if he is satisfied that the hoisting installation
and signalling equipment meet the requirements of this Act.
R.S.O. 1960, c. 241, s. 318 (4).
re^frict*iorf ^^^ ^ Certificate stating the maximum allowable suspended
hoists load and the maximum allowable unbalanced load rating shall
be obtained from the manufacturer for friction hoists.
(7) The maximum material-load allowed on the conveyance
Determina-
tion of
maxinium of a friction hoist shall be determined from the lesser of the
material ^ ,, . i i •
load tollowing calculations:
1. Maximum allowable suspended load on the hoist,
less the weight of the hoisting ropes, less the weight
of tail ropes, less the weight of the conveyances and
the attachments.
2. The breaking strength of the rope, divided by the
required factor of safety, minus the maximum
weight of rope suspended in one compartment,
minus the weight of the conveyance and attachments
in that compartment; and, where multiple ropes are
used, the lowest breaking strength of any rope shall
be used for all ropes in load calculations.
3. The unbalanced load on the hoist as rated by the
manufacturer, which shall not be exceeded.
57
51
4. The maximum allowable load on any conveyance,
which shall not be greater than that for which the
conveyance was rated by the manufacturer. New.
Conveyance Notices and Discipline
319. — (1) A notice showing clearly the number of persons Notice to
allowed to ride on and the weight of materials allowed to be
loaded on the conveyance, as referred to in subsection 3 of
section 318, shall be posted and maintained at the collar of
the shaft or winze.
(2) The person authorized to give signals is responsible for ^j^?^p*^^^^"
observance of such notice. R.S.O. 1960, c. 241, s. 319.
320. — (1) When persons are being hoisted or lowered in a 9?®?^ A^^*^*^-
, . , 1 , 1 • discipline
cage or skip, no person, other than the cagetender or skip-
tender, shall have a burning open-flame lamp of any kind,
except that, for shaft inspection or similar purposes, a sufficient
number of lighted lamps shall be permitted.
(2) At all times that men are being hoisted or lowered in ^^ntained
a cage or skip, there shall be maintained a proper discipline
of persons riding on that cage or skip.
(3) No person shall offer obstruction to the enforcement of of notice
the requirements of loading of conveyances under subsection 1
of section 319 or this section. R.S.O. 1960, c. 241, s. 320.
Signals
321. Every working shaft shall be provided with a suitable |j.|^^^
means of communicating by distinct and definite signals to
the hoist room from the bottom of the shaft, from every
working level, from the collar and from every landing deck.
R.S.O. 1960, c. 241, s. 321.
322. A separate, audible signal system shall be installed fil^a^^for
for the control of each hoisting conveyance operated from a®|°^j^°^'
single hoist, and there shall be a sufficient difference in the
signals to the hoistman that they are easily distinguishable.
R.S.O. 1960, c. 241, s. 322.
323. Where an electrical signal system is installed, the Return
hoistman shall return the signal to the person giving the
signal when men are about to be hoisted or lowered. R.S.O.
1960, c. 241, s. 323.
324. No device for signalling to or communicating with ^^®?i|g
the hoistman shall be installed or operated in or on any shaft permission
conveyance without the written permission of the chief
engineer. R.S.O. 1960, c. 241, s. 324.
57
52
sy^tem^^^ 325. No cage call system communicating with the hoist-
room shall be installed or used at a shaft or winze. R.S.O.
1960, c. 241, s. 325.
si^nais*^ 326.— (1) The following code of signals shall be used at
every mine and a copy of such code shall be printed and kept
posted in every hoist room and at every level or other recog-
nized landing place in every working shaft or winze:
1 bell Stop immediately — if in motion (Executive
Signal).
1 bell Hoist (Executive Signal).
2 bells. . . .Lower (Executive Signal).
3 bells Men travelling in hoisting conveyance (Cau-
tionary Signal). This signal shall be given by
the conveyance tender at all levels before any
person, including the conveyance tender, is
permitted to enter or leave the conveyance.
Where a stop exceeds one minute, the 3-bell
signal shall precede the next destination signal.
Where a return-bell signal system is installed,
the hoistman shall return the 3-bell signal
before any person is permitted to enter or
leave the conveyance.
[ 4 bells .... Blasting Signal. The hoistman shall answer by
raising the bucket, cage or skip a few feet and
letting it back slowly. Following a 4-bell sig-
nal, only a 1-beIl signal shall be required to
signal for hoisting men away from a blast and
the hoistman shall remain at the controls until
the act of hoisting has been completed.
5 bells. . . .Release Signal. The hoistman may act at his
own discretion to perform any movement, or
series of movements, involving the conveyance
or conveyances designated by the destination
signals referred to in section 327. Where a
return-signal system is installed, the hoistman
shall return the signals and may then act at
his own discretion. On the completion of
the necessary movements, he shall not move
the hoist again until he has received a new
signal.
9 bells. . . .Danger Signal (Special Cautionary). To be
given only in case of fire or other danger. The
signal for the level at which the danger exists
should be given following the giving of the
danger signal.
57
53
(2) The following method and order shall be observed in Method and
... , ^ order of
giving Signals: signals
1. Strokes on the bell shall be made at regular intervals.
2. Signals shall be given in the following order: 1st,
Cautionary Signals; 2nd, Destination Signals; 3rd,
Executive Signals. R.S.O. 1960, c. 241, s. 326.
327. — (1) At every mine, other signals, termed destination Special
signals, in conjunction with the code referred to in subsection 1 ^^^^^ ^
of section 326 shall be used to designate all regular stopping
points.
(2) Special signals shall be used to designate all special signals for
hoisting movements.
(3) All such signals shall be easily distinguishable from the standard
foregoing code and shall not interfere with it in any way and ^gSai code
shall follow the Department's standard mine signal code, and
any deviation therefrom shall be approved by the chief
engineer.
(4) Such destination signals and other special signals ap- Destination
proved for use at every mine and an adequate description of^^^"^^^
their application to the movements required shall be posted
at every hoist, at the top of the shaft or winze and at every
working level of the shaft or winze. R.S.O. 1960, c. 241, s. 327.
328.— (1) The hoistman shall not move the hoisting con- Hoistman
veyance within a period of ten seconds after receiving a signal Love'con-
designating a movement at any time that men are carried, veyance
(2) In case he is unable to act within one minute of the time if unable
he has received any complete signal, he shall not move the wit^in^one
hoisting conveyance until he has again received another com-"^^^"*®
plete signal. R.S.O. 1960, c. 241, s. 328.
329. — (1) After a hoistman has received a 3-bell signal, he 3-beii signal
shall remain at the hoist controls until he has received the
signal designating the movement required and has completed
that movement.
(2) After he has commenced the movement, he shall com- idem
plete it without interruption, unless he receives a stop signal
or in case of great emergency. R.S.O. 1960, c. 241, s. 329.
330. The hoistman shall remain at the hoist controls at Hoistman
1, , • , , . . . . , , . . to remain
all times the hoist is in motion, except when the hoist is oper-at controls
ating under automatic control. R.S.O. 1960, c. 241, s. 330.
57
54
Notice re
talking to
hoistman
331. Except in case of emergency, no one shall speak to
the hoistman while the hoist is in motion, and a sign to this
effect plainly visible to anyone approaching the hoist controls
shall be kept posted at all times. R.S.O. 1960, c. 241, s. 331.
Signal
required
332. Under no circumstances shall the hoisting conveyance
be moved by the hoistman until he has received a proper signal,
except that, in the event of an inadvertent stop at some point
in the shaft or winze, other than at a station from which a
signal may be given, the hoistman may move the conveyance
when he has assured himself that the hoist controls are in
proper working order and when hoisting or lowering men he
has received instructions from a properly authorized person.
R.S.O. 1960, c. 241, s. 332.
authorized ^'^'^' — (■^) ^^ person, unless duly authorized, shall give
person to ^ any signal for moving or stopping the bucket, cage or skip.
^^®"^ (2) No unauthorized person shall give any signal, other
than the danger signal, or in any way whatsoever interfere
with the signalling arrangements. R.S.O. 1960, c. 241, s. 333.
Only author- (3) No person, unless duly authorized, shall operate any
ized person ^.' ^ •; ' r,..
may operate equipment lor controlling the movement of the hoist or
interfere with such equipment in any way. R.S.O. 1960,
c. 241, s. 334.
communica- ^^^- Except during shaft-sinking operations, a system shall
^^°^ be installed in all active shafts to provide voice communication
between the collar and regular landing places. New.
conveyance ^^^' ^^ signal shall be given unless the bucket, cage or
skip is at the level from which the signal is to be given. R.S.O,
1960, c. 241, s. 335.
When
crosshead
required
Sinking Equipment
336. — (1) After a depth of 300 feet below the sheave has
been attained in the sinking of a vertical shaft or winze, a
suitable bucket and crosshead, as referred to in subsection 2
and in section 337, shall be used.
Suspension, (2) When a closed type of crosshead is not used, the bucket
shaped shall be barrel-shaped and shall be suspended by the upper
bucket ^.^ j^ g Q j^^Q^ ^ 241, s. 336.
Safety
appliance on
crosshead
337. — (1) All sinking crossheads shall be provided with a
safety appliance of a design approved by the mechanical
engineer for attaching the bucket to the crosshead, so con-
structed that the crosshead cannot stick in the hoisting
compartment without also stopping the bucket. R.S.O. 1960,
c. 241, s. 337 (1).
57
55
(2) All crossheads shall be of a design approved by the Approval
mechanical engineer. R.S.O. 1960, c. 241, s. 337 (2), amended.
Shaft Conveyances, Construction and Operation
338. — (1) No cage or skip shall be used for the raising or Protection
lowering of persons unless it is so constructed as to prevent in shaft
any part of the body of a person riding therein from a^^. *^<^"^®y^'^^®s
cidentally coming into contact with the timbering or sides of
the shaft or winze.
(2) Permission shall be obtained from the chief engineer Permission
u r 1 • • J r I • • • • u r^ necessary
before a skip is used tor lowering or raising men in a shaft or to handle
, 1 • • 1 • • > • • , men in skip
Winze, except during sinking, inspection or maintenance oper-
ations. R.S.O. 1960, c. 241, s. 338.
339. All cages or skips for lowering or raising men shall c^onstruotion
comply with the following : and skips,
etc.
1. The hood shall be made of steel plate not less than
three-sixteenths of an inch in thickness or of a ma-
terial of equivalent strength.
2. The cage shall be provided with sheet -iron or steel
side casing not less than one -eighth of an inch in
thickness or of a material of equivalent strength,
and the casing shall extend to a height not less than
five feet above the fioor of the cage.
3. The cage shall be equipped with doors made of
suitable material that extend to a height not less
than five feet above the floor.
4. The doors shall be so arranged that it is impossible
for the doors to open outward from the cage.
5. Doors shall be fitted with a suitable latch and shall
have a minimum clearance at the bottom.
6. The safety catches and mechanism shall be of suffi-
cient strength to hold the shaft conveyance with its
maximum load at any point in the shaft and shall
be of a type the design and performance of which are
approved by the chief engineer.
7. Such approval shall not be considered until the safety
catches and mechanism are found to function satis-
factorily under load conditions during such number of
tests as are required by the chief engineer, each test
to consist of suddenly releasing the shaft conveyance
57
56
in a suitable manner under maximum loading con-
ditions for persons so that the safety catches will
have the opportunity to grip the guides when the
conveyance is descending at maximum speed.
8. A report of such tests and drawings of the safety
catches and mechanism shall be sent in duplicate to
the chief engineer, who may require such further
information or tests as he deems necessary.
9, Before a shaft conveyance equipped with an approved
type of safety catches and mechanism is first used for
the purpose of lowering or hoisting men, the safety
catches and mechanism shall be found to function
efficiently according to the requirements of the
mechanical engineer during a test under the same
conditions as set out in paragraph 6, and a permit for
the use of the conveyance for hoisting and lowering
men shall be obtained from the district engineer.
R.S.O. 1960, c. 241, s. 339, pars. 1-9.
10. A notation of such test shall be entered in the
Hoisting Machinery Record Book and two copies
of the report shall be sent to the mechanical engineer.
R.S.O. 1960, c. 241, s. 339, par. 10, amended.
11. A shaft conveyance previously permitted for use by
the district engineer for the purpose of lowering or
hoisting men on which alterations or repairs to the
safety catch mechanism necessary to rectify any
distortion of the mechanism from its proven satis-
factory position are made shall not be put to such
use until the safety catch and mechanism have been
found to function efficiently according to the require-
ments of the mechanical engineer during a test made
under the same conditions as set out in paragraph 6
and the district engineer has again issued permission
for the use of the conveyance for such purpose.
R.S.O. 1960, c. 241, s. 339, par. 11.
12. A notation of such test shall be entered in the
Hoisting Machinery Record Book and two copies
of the report shall be sent to the mechanical engineer.
R.S.O. 1960, c. 241, s. 339, par. 12, amended.
13. A certificate of load capacity of the conveyance and
attachments, which shall include the weight of the
tail rope, if any, or other suspended load, shall be
obtained from the manufacturer and made available
to the mechanical engineer.
57
57
14. Devices for attaching the conveyance to the rope
shall have a factor of safety of not less than 10.
15. The bales and suspension gear of all shaft con-
veyances shall be cleaned and thoroughly inspected
at least once in every twelve months and a record
of such inspection shall be made in the Hoisting
Machinery Record Book. New.
340. The chief engineer may give permission in writing Hoisting
for hoisting men without safety catches if he is satisfied that^Vety"
the equipment and conditions are such that maximum safety °^*^^®^
is provided. R.S.O. 1960, c. 241, s. 340.
341. The cage shall not have chairs attached to it that operating
• ch.3,irs bv
are operated by a lever or a cham through or from the floor lever
of the cage. R.S.O. 1960, c. 241, s. 341.
342. When chairs are used for the purpose of landing aAutoniatic
shaft conveyance at any point in a shaft or winze, other than of chairs
at the lowest point of travel for a skip, they shall be so ar-
ranged that they automatically fall clear and remain clear of
the hoisting compartment when the cage or other conveyance
is lifted off. R.S.O. 1960, c. 241, s. 342.
343. The bucket and any device such as the bale, safety Bales, safety
latctlGS 6tC
latch or other attachment to the bucket shall be of a design
approved by the chief engineer. R.S.O. 1960, c. 241, s. 343.
Hoisting Procedure
344. — (1) If at the commencement of a shift there has been Hoisting
a stoppage of hoisting in a shaft for a period exceeding two stoppages
hours duration, no regular hoisting shall be done until the
shaft conveyance has made one complete trip through the
working part of the shaft or, where shaft repairs have been
made, a return trip of the shaft conveyance has been made
through and below the affected part of the shaft. R.S.O.
1960, c. 241, s. 344 (1), amended.
(2) The hoistman shall record all such stoppages and trips Record of
in the Hoistman's Log Book. R.S.O. 1960, c. 241, s. 344 (2)/*°^^^^®^
345. Where a hoist is equipped with an auxiliary overwind ^yg^'^fnd
device for preventing men from being hoisted to the dumping
position in skips or in skips of skip-cage assemblies as re-
quired in section 590, the hoistman shall place the device in
operation or assure himself that it is in operation at all times
that men are handled. R.S.O. 1960, c. 241, s. 345.
57
58
Obstructions
346. Where obstructions such as those referred to in section
558 may exist, the hoistman shall not hoist or lower the shaft
conveyance without proper authority. R.S.O. 1960, c. 241,
s. 346.
Testing
overwind
devices
347. All overwind and underwind devices shall be tested
at least once during every twenty-four hours and a record of
the test shall be posted immediately in the Hoistman's Log
Book. R.S.O. 1960, c. 241, s. 347.
Brakes to
be tested
Drum
not to be
unclutched
348. — (1) The operator of a hoist shall, after going on shift
and before a conveyance is raised or lowered, assure himself
that the brake or brakes are in proper condition to hold the
loads suspended on the corresponding drum or drums by
testing the brakes of the drums against the normal starting
power of the engine or, in the case of an electric hoist, against
the normal starting current.
(2) The operator of a hoist shall not unclutch a drum of the
hoist until the test mentioned in subsection 1 has been made.
R.S.O. 1960, c. 241, s. 348.
Friction
clutches
349. — (1) Where a hoist is fitted with a friction clutch, the
operator shall, after going on shift and before a conveyance
is raised or lowered, test the holding power of the clutch,
the brake of the corresponding drum being kept on and the
brake of the other drum being kept off.
Idem
(2) In the case of a steam or air hoist, the test mentioned in
subsection 1 shall be made against the normal starting power
of the engine and, in the case of an electric hoist, against the
normal starting current. R.S.O. 1960, c. 241, s. 349.
Shin drum® 350. When the drum of a hoist is unclutched, the brake
unclutched Qf ^j^g drum shall be used only for the purpose of maintaining
the drum in a stationary position, and no lowering shall be
done from an unclutched drum. R.S.O. 1960, c. 241, s. 350.
When clutch
to be kept in
351. When men are in a hoisting conveyance, the corre-
sponding drum of the hoist shall be kept clutched in. R.S.O.
1960, c. 241, s. 351.
Hoistman' s Log Book
Lol^B^ok^ 352.— (1) At every shaft or winze hoist, there shall be
kept a Hoistman's Log Book in which the following shall be
recorded :
1. A report of the working condition of the hoist,
including the brakes, clutches, interlocking devices
between the brake and clutch, depth indicators and
57
m
59
all other devices and fittings pertaining to the safe
operation of the hoist.
2. A report of the working condition of the signalling
apparatus and a notation of any signals received by
the hoistman, the accuracy of which he has ques-
tioned.
3. Any special instructions received involving the safety
of persons, such entry to be signed by the hoistman
and by the person issuing the instructions.
4. A report of the tests of the overwind and underwind
devices.
5. Where the required tests of the overwind and under-
wind devices are conducted by a hoistman operating
on another shift, the hoistman assuming duty shall
note over his signature that he has examined the
entry in the log book of the hoistman who performed
the tests.
6. A report of all abnormal circumstances in connection
with the operation of the hoist or attachments
thereto and such abnormal conditions as have come
to the hoistman's knowledge in connection with the
hoisting operations in the shaft or winze.
7. A report of all trial trips referred to in sections 344
and 382.
(2) A notification to the hoistman on a succeeding period ^'^^"^
of duty of any special circumstances or matter affecting the
continued operation of the hoist or the safety of persons in
the shaft or winze shall be made in the Hoistman's Log Book.
(3) All such entries shall be countersigned by the hoistman idem
assuming duty for the succeeding period.
(4) Such entries as are required by this section shall be idem
made and signed by every hoistman for his period of duty on
a shaft or winze hoist and the time and duration of his period
of duty shall also be noted, and such entries as have been
made during the preceding twenty-four hours shall be read
and signed each day by the master mechanic or other author-
ized person. R.S.O. 1960, c. 241, s. 352.
Hoist Brakes
353. — (1) Every device used for hoisting from mine work- ]^^^^j®|^
ings shall be equipped with a brake or brakes that may be
applied directly to each drum so as to readily stop and hold the
drum when it is carrying its maximum load.
57
60
to^tesP^ (2) The brakes shall be so arranged that they can be tested
separately separately and, whether the hoist is at work or at rest, can
be easily and safely manipulated by the hoistman when at
the levers controlling the hoist.
Not
operated
by foot
(3) No hoist used for raising or lowering persons or for
shaft sinking shall be equipped with a brake or brakes operated
by means of a hoistman's foot, unless such brake is an auxiliary
electrical device.
tf^e^^^^^^ (4) The adjustments of the brake or brakes and brake
maintained mechanism shall be maintained in such condition that the
brake lever or any other part of the brake mechanism will
not come to the limit of travel before the normal power of
the brake or brakes is applied. R.S.O. 1960, c. 241, s. 353
(1-4).
(5) All brake engines shall be so equipped that, in the
event of inadvertent or accidental loss of pressure in the brake
system, the brakes may be applied. R.S.O. 1960, c. 241,
s. 353 (5), amended.
frlcXAon^^ (6) The brakes for a friction hoist shall be designed, ad-
hoists justed and maintained to safely stop and hold the conveyance
under all conditions of loading, direction of travel and speed.
New.
Loss of
brake
pressure
Brakes ^7^ ^^ ^jj ^jj^gg ^^^t men are in or on a shaft hoisting con-
veyance, the hoist shall be equipped with more than one brake,
each capable of stopping and holding the drum or drums in
use, except that, in shaft inspection, maintenance or sinking
operations, men may be in or on a shaft hoisting conveyance
attached to the fixed or clutched -in drum when changing
balance.
Automatic (8) At least One of the brakes required shall be arranged
operation ^ ' . . . ^ . r 1 r
for automatic application upon operation of any of the safety
devices for brake application. R.S.O. 1960, c. 241, s. 353
(6, 7).
Mto^g"^ °^ (^) ^"^ ^ brake system where weights are used to furnish
weights auxiliary pressure on loss of air, the weights shall be tested at
least once every twenty-four hours to ensure their freedom of
movement. New.
f^Pf.l®iiLo^ (10) In the case of single drum air or steam driven hoists,
cLli or SuQaIXI ^ • • 1 r
automatic valves to control engine compression, arranged tor
operation by the safety devices, may serve as a brake.
Idem
(11) The arrangements mentioned in subsection 10 are sub-
ject to the approval of the mechanical engineer. R.S.O. 1960,
c. 241, s. 353 (8, 9).
57
61
Hoist Clutches
354. The device for operating the clutch of the drum ciutch-
shall be provided with adequate means to prevent the in- arrangement
advertent withdrawal or insertion of the clutch. R.S.O.
1960, c. 241, s. 354.
355. The brake and clutch operating gear shall be so interlocking
installed that it will not be possible to unclutch a drum unless dutch
the brake or brakes on the drum are applied, nor shall it be
possible to release the brake or brakes until the clutch of the
drum is engaged. R.S.O. 1960, c. 241, s. 355.
Hoist Drums
356. Such bolts and other fittings of the drums, brakes and frum'parts ^
clutches as might be a danger in the event of their becoming
loosened shall be rendered secure by means of suitable locking
devices other than spring lockwashers. R.S.O. 1960, c. 241,
s. 356.
357. On the drum of every hoist used for lowering or supping
raising persons, there shall be flanges and also, if the drum is on drum
conical, such other appliances as are sufficient to prevent
the rope or cable from slipping off. R.S.O. 1960, c. 241, s. 357.
358. — (1) In all hoist installations, the dimensions of the Suitability
drum or drums shall be suitable for the kind, diameter and drum for
length of the rope in service. ^^"^^
(2) The diameters of the hoist drums shall be large enough f^resses^
to prevent the occurrence of unduly large bending stresses in in rope
the rope.
(3) Where multiple-layer winding is used, proper arrange- rtope risers
ments shall be made and maintained to permit the rope to rise
evenly from one layer to another and to wind properly with-
out cutting down through any lower layer. R.S.O. 1960,
c. 241, s. 358.
359. — (1) On and after Tune 15, 1948, in all installations Drurn hmst
e , -11 1 • I ,-n • f • • installation
ot newly-acquired drum hoists and modincations of existing
hoists designed to increase the load ratings of the hoist,
(a) all hoist drums over sixty inches in diameter shall
have grooving properly machined to fit the rope used,
except that, in the case of shaft sinking, preliminary
development operations and operations of a tem-
porary nature, hoists with plain drums may be used;
57
62
(b) the drums shall have sufficient rope-carrying ca-
pacity to permit hoisting from the lowest regular
hoisting point to the highest point of travel in the
shaft without the necessity of winding more than
three layers of rope on the drum;
(c) the diameter of a hoist drum shall not be less than
80 times the diameter of the hoisting rope in use
when the diameter of the rope is greater than one
inch and shall not be less than 60 times the di-
ameter of the rope in use when the diameter of the
rope is not greater than one inch, except that, in the
case of shaft-sinking and preliminary development
operations,
(i) a hoist may be used having a drum whose
diameter is not less than 60 times the di-
ameter of the hoisting rope in use when the
diameter of the rope is greater than one inch,
and
(ii) a hoist may be used having a drum whose
diameter is not less than 48 times the diameter
of the hoisting rope in use when the diameter
of the rope is not greater than one inch; and
{d) the hoist and the head sheaves shall be so located in
relation to one another as to permit the proper
winding of the rope on the hoist drum. R.S.O. 1960,
c. 241, s. 359, amended.
Change of (2) In any change of location of a hoist installed prior to
the commg mto force of this section, the requirements oi
clause b of subsection 1 apply.
Friction (s) In friction hoist installations,
hoist ^ '
installations
(a) the drum diameter shall not be less than 80 times
the diameter of the rope;
(6) the hoist drive, control and brakes shall be so
designed and maintained that slippage of the rope
on the drum will not occur under normal operating
conditions; and
(c) the rope treads shall be inspected regularly and
maintained in good condition. New.
Sheaves
sheaves ^^^" — ^-^^ Head sheaves shall be of such diameter as is
suited to the rope in use and shall be machined properly to
fit the rope.
57
63
(2) The diameter of a head sheave shall be determined by Diameter
clause c of subsection 1 of section 359 as required for the hoist
drum. R.S.O. 1960, c. 241, s. 384.
(3) The deflection sheaves shall be inspected weekly and^laves^"^
the results recorded in the Hoisting Machinery Record Book.
New.
Overwinding, etc. — Air and Steam Hoists
361. In the case of steam or air hoists, where the depth of ^j^^j ''J^^^gj..
the shaft is greater than 300 feet or the hoisting speed iSp^^^Q^j^j^
greater than 350 feet per minute, or in the case of a hoist for air or
SL6cLm hoistis
designated by a mechanical engineer, there shall be provided
suitable overwind and underwind protection for the hoisting
conveyance, except that, in shaft-sinking, inspection and
maintenance operations, the underwind protection may be
dispensed with. R.S.O. 1960, c. 241, s. 360.
362. At all air or steam hoists, there shall be installed Gauge
...... f , ... , . required
withm plam view of the operator a gauge to mdicate the air
or steam pressure. R.S.O. 1960, c. 241, s. 361.
Indicators
363. — (1) Every hoist shall, in addition to any marks on indi9ator
the rope or drum, be provided with a reliable depth indicator
that will clearly and accurately show to the operator,
(a) the position of the bucket, cage or skip;
{b) at what positions in the shaft a change of gradient
necessitates a reduction in speed; and
(c) the overwind or underwind position of the shaft
conveyance or counterbalance. R.S.O. 1960, c. 241,
s. 362 (1), amended.
(2) Hoist depth indicators shall be driven by a reliable Operation
means. R.S.O. 1960, c. 241, s. 362 (2). of indicator
(3) Means shall be provided on a friction hoist to adjust Means to
, _: , . . ' ... 11- 1 adjust
the depth indicators and protective devices on the hoist to the indicator on
position of the conveyance in the shaft. New. hoist
Special Testing
364. — (1) The specifications of the hoist and equipment speciflca-
and the general arrangement of the headframe shall be ap- required
proved by the chief engineer. New.
57
64
Tests (2) Before a new hoisting installation is put in service,
tests shall be conducted to prove its compliance with this
Act. R.S.O. 1960, c. 241, s. 363 (1), amended.
^aiiabie^^* (3) A record of such tests and the results obtained shall
be kept on file and made available to an engineer. R.S.O.
1960, c. 241, s. 363 (2).
specmi ^ (4) If the mechanical engineer deems it necessary, he may,
mechanical after consultation with the manager, conduct or require to be
conducted specific tests of the efficiency of all brakes, clutches,
overwind devices or other hoist controls. R.S.O. 1960,
c. 241, s. 364.
Tapered Guides, etc.
protection ^^^- ^^ ^ friction hoist installation, tapered guides or other
approved devices shall be installed above and below the limits
of regular travel of the conveyance, arranged so as to brake
and stop an overwound or underwound conveyance in the
event of failure of other devices. New.
Examination
Examination 355 fhe owner or manager of a mine where a hoist is in
of hoistmg , ,, , 1 ,
equipment use shall depute some competent person or persons whose duty
it is to examine at least once in each week,
(a) sheave wheels;
{h) attachments of the hoisting ropes to the drums and
to the counterweights, buckets, cages or skips;
(c) brakes;
{d) interlocks;
(e) depth indicators;
(/) buckets;
(g) counterweights;
{h) cages;
{i) skips;
(j) external parts of the hoist;
{k) mechanical hoisting signalling equipment, if any;
57
.65
(/) shaft dumping and loading arrangements;
(m) sinking doors and blasting sets, and any attachments
thereto; and
(«) attachments to any cage, skip or bucket for any
underslung regularly-used equipment,
and to record the report of such examination in a book called
the Hoisting Machinery Record Book. R.S.O. 1960, c. 241,
s. 365.
Hoist Loading
367. — (1) No drum hoist shall be used that is not accom- Permissible
. , , ' .^ f , f . hoist loading
panied by a certihcate from the manufacturer or an m-
dependent competent hoist design engineer giving the maxi-
mum permissible rope pull for each drum and the maximum
permissible suspended load of the hoist, and the hoist shall
not be loaded beyond the maximum loads so specified. R.S.O.
1960, c. 241, s. 366 (1), amended.
(2) No alterations designed to increase the hoisting capacity Approval
shall be made to a hoist unless approval is given by its manu- increased
facturer or an independent competent hoist design engineer. ''^^^^ ^
R.S.O. 1960, c. 241, s. 366 (2).
Hoisting Ropes
368.— (1) The connection between the hoisting rope and ^op® ,.
Ill 1 • 11 1 1 • , ,1 connection
the bucket, cage, skip, counter-balance or other device shall
be of such nature that the risk of accidental disconnection is
reduced to a minimum.
(2) No open-hook device shall be used for such purpose. No open
R.S.O. 1960, c. 241, s. 367 (1, 2). ^°°'''
(3) Such device shall be of a design approved by the chief Approved
engineer. R.S.O. 1960, c. 241, s. 367 (3), amended.
(4) The drum end of the rope shall be fastened to the spider Fastened
the drum or around the drum
R.S.O. 1960, c. 241, s. 367 (4).
of the drum or around the drum shaft in some suitable manner. ° ^^^
369. In no case shall a rope that has been spliced be used splicing
for hoisting purposes. R.S.O. 1960, c. 241, s. 368. prohibited
370. — (1) No hoist shall be operated with less than three Length of
turns of rope on the drum when the bucket, cage or skip is at required
the lowest point in the shaft from which hoisting is effected, drum"^*^
R.S.O. 1960, c. 241, s. 369 (1).
57
66
Three^ayers (2) No hoist acquired after the 15th day of June, 1948,
drum and no hoist existing on that date and modified after that
date so as to increase its load rating, and no hoist that has
its location changed, shall be operated with more than three
complete layers of rope on the drum when the conveyance
is at the highest point of travel in the shaft. R.S.O. 1960,
c. 241, s. 369 (2), amended.
certificate ^^^- — ^^^ ^^ hoisting rope shall be used that has not been
tested by the Ontario Government Cable Testing Laboratory
and for which a certificate of the test is not in the possession
of the user. R.S.O. 1960, c. 241, s. 370 (1).
Number of
test
specimens
required
(2) In friction hoist installations, where multiple ropes are
used and when manufactured have been laid up continuously,
a specimen shall be submitted for test, cut from the portion
between each pair of ropes,
(a) in the case of four ropes, two specimens shall be
required ;
{b) in the case of three ropes, two specimens shall be
required. New.
f^^turer's (^) ^^ hoisting rope or tail rope shall be used that is not
certificate accompanied by a certificate from the manufacturer giving
the following information:
1. Name and address of manufacturer.
2. Manufacturer's rope number.
3. Date of manufacture.
4. Diameter of rope in inches.
5. Weight per foot in pounds.
6. Number of strands.
7. Class of core.
8. Percentage of weight of lubricant in core.
9. Trade name of interior rope lubricant.
10. Number of wires in strand.
11. Grade of steel.
12. Diameter of wires in decimals of an inch.
57
67
13. Breaking stress of steel of which the wire is made in
pounds per square inch.
14. Standard torsion test of wires.
15. Actual breaking load of rope, as provided by the
certificate referred to in subsection 1.
16. Length of rope. R.S.O. 1960, c. 241, s. 370 (2),
amended.
(4) When any rope is put on in a shaft compartment or^^opedata
hoisting way, the data mentioned in subsection 3 shall be in Rope
entered in a book called the Rope Record Book, together with
the additional following information:
1. Name of person from whom purchased.
2. Date of purchase.
3. Date put on in present location.
4. Identification number of rope.
5. Name of shaft or winze and compartment in which
rope is used.
6. Weight of shaft conveyance.
7. Weight of material carried.
8. Maximum length of rope in service below sheave.
9. Maximum weight of rope in service below sheave.
10. Static factors of safety at conveyance connection
and at head sheave with rope fully let out.
11. Date put on and removed from previous locations,
if any.
(5) Duplicate copies of such entries shall be forwarded to Jjf°^^|'*|.°"
the chief engineer at the time the rope is put on in any location, to chief
° r- I- y engineer
(6) The owner or manager shall keep or cause to be kept gook ^®°°''*^
at the mine a book called the Rope Record Book, in which
shall be recorded, in addition to the information referred to
in subsections 3 and 4, the following information:
1. A history of the hoisting rope, outlining the date on
which the rope was first put on.
57
68
2. Dates of shortening,
3. Dates and results of breaking tests.
4. Date and reason for taking ofif, for each occasion the
rope is put into and taken out of service. R.S.O.
1960, c. 241, s. 370 (3-5).
gopeRe^cord (7) The Rope Record Book shall be available to the
to engineer engineer.
Notification
of rope
discarded
(8) When a hoisting rope or tail rope is taken out of service
from a shaft compartment, notice to that effect shall be for-
warded to the chief engineer, giving the date, the reasons for
discarding or discontinuing the use of the rope, disposition
of the rope, and such other information as he requires. R.S.O.
1960, c. 241, s. 370 (6, 7), amended.
Tea\i\^ei°to ^^^' — ^^^ ^° hoisting rope or tail rope that has previously
use old been in use in a place beyond the control of the owner shall
rope , ^ • 1 1 .......
be put on anew, except with the permission in writing oi the
chief engineer. R.S.O. 1960, c. 241, s. 371 (1), amended.
?e1-refi1«io^n'^ ^^^ Request for permission to use such rope shall be accom-
panied by certification that the rope has been properly ex-
amined and that no apparent defects have been found.
Test pieces (3) Ywo standard test pieces, one from each end of the rope,
shall also be sent to the Ontario Government Cable Testing
Laboratory for test. R.S.O. 1960, c. 241, s. 371 (2, 3).
Precautions,
used ropes
373. No hoisting rope or tail rope that has been removed
from service at a shaft or winze compartment shall be put
on anew for the purpose of raising or lowering men unless
proper measures have been taken for the maintenance of the
rope and the owner or manager is satisfied that the rope is in
safe working condition. R.S.O. 1960, c. 241, s. 372, amended.
Rope
removal
374. When a shaft compartment has been abandoned for
hoisting purposes, the hoisting rope shall immediately be
removed from the shaft. R.S.O. 1960, c. 241, s. 373.
Rope not
to be
reversed
375. No hoisting rope shall be reversed until application
has been made in writing to the chief engineer, standard
test pieces from each end of the rope have been submitted for
test, and approval for the reversal has been received from the
chief engineer. R.S.O. 1960, c. 241, s. 374.
57
69
376. — (1) For the purpose of this section, the factor of J^^j?^°'"q°/
safety of a hoisting rope or tail rope in a shaft or winze means hoisting
the number of times the breaking strength of the rope is greater
than the total weight supported by the rope at a definite
place in the rope.
(2) The breaking strength of the hoisting rope means the Breaking
breaking strength of the rope as shown in the test certificate hoi^ti^ng '
issued by the Ontario Government Cable Testing Laboratory ^°^®
before the rope is installed, as required by subsection 1 of
section 371. R.S.O. 1960, c. 241, s. 375 (1, 2), amended.
(3) The breaking strength of the tail rope shall be that as tan rope
certified by the manufacturer. New.
(4) Every hoisting rope, when newly installed on a newly- ^<*®'^
acquired drum hoist or on an existing drum hoist modified to
increase the hoist load ratings or on a drum hoist that
has had its location changed, shall have a factor of safety
of not less than 8.5 at the end of the rope where it is attached
to the shaft or winze conveyance and where the total weight
consists of the combined weight of the conveyance plus the
weight of the material hoisted. R.S.O. 1960, c. 241, s. 375 (3),
amended.
(5) In addition, the hoisting rope shall have a factor of^*^®"^
safety of not less than 5 at the point where the rope leaves the
head sheave and, the rope being fully let out, the total weight
consists of the combined weight of the conveyance plus the
weight of the material hoisted plus the weight of that part
of the rope that extends from the head sheave to the con-
veyance.
(6) Every hoisting rope when newly installed on hoists ^*^®"^
that were the property of a mine on the 15th day of June, 1948,
shall have a factor of safety of not less than 6 for shafts and
winzes less than 2,000 feet in depth and not less than 5 for
shafts and winzes over 2,000 feet in depth at the point where
the rope leaves the head sheave and, the rope being fully let
out, the total weight consists of the combined weight of the
conveyance plus the weight of the material hoisted plus the
weight of that portion of the rope that extends from the head
sheave to the conveyance. R.S.O. 1960, c. 241, s. 375 (4, 5).
(7) When the rope is installed on a friction hoist, the Factor of
factor of safety shall not be less than that as determined from friction
the following formula: F. of S. = 9.5 - .00075 d, where d*""^^'
is the maximum length of rope suspended below the head
sheave in feet.
57
70
Idem
Idem
Idem
(8) For friction hoists, the factor of safety shall not be less
than 5.5 for any depth of shaft when the rope is installed.
(9) The factor of safety for a given friction hoist installation
is the lowest actual breaking strength, as determined by the
Ontario Government Cable Testing Laboratory for the ropes,
times the number of ropes, divided by the sum weight of the
conveyance and attachments, the maximum conveyance
load carried and the maximum weight of rope suspended in
one compartment of the shaft.
(10) The factor of safety of the tail rope shall not be less
than 7 when installed. New.
Rope
discarded
377. No hoisting rope shall be used in a shaft or winze
where in any part of the rope,
(a) the existing strength has decreased to less than
90 per cent of the original strength of the rope;
{b) the extension of a test piece has decreased to less
than 60 per cent of its original extension when tested
to destruction;
(c) the number of broken wires in any section of the rope
equalling the length of one lay of the rope exceeds six;
{d) marked corrosion occurs;
{e) the rate of stretch in a friction hoisting rope begins
to show a rapid increase over the normal stretch
noted during its service. R.S.O. 1960, c. 241, s. 376,
amended.
Rope
dressing
Idem
378. — (1) The rope dressing used on a drum hoisting rope
or tail rope shall be suited to the operating conditions of the
rope, and the dressing shall be applied at least once in every
month and as often as is necessary to maintain the coating
on the rope in good condition. R.S.O. 1960, c. 241, s. 377 (1),
amended.
(2) Every time the rope is dressed, a report of the treatment
shall be recorded in the Hoisting Machinery Record Book
and signed by the person who performed the work. R.S.O.
1960, c. 241, s. 377 (2).
Testing of
hoisting
rope
Rope Testing
379. — (1) At least once in every six months, the hoisting
rope of a drum hoist shall have a portion not less than eight
feet in length cut off the lower end from a position above the
clamps or other attachment. R.S.O. 1960, c. 241, s. 378 (1),
amended.
57
71
(2) The length so cut shall have the ends adequately Ends
fastened with binding wire before the cut is made to prevent bound
the disturbance of the strands and shall be sent to the Ontario
Government Cable Testing Laboratory for a breaking test.
R.S.O. 1960, c. 241, s. 378 (2).
(3) In friction hoist installations, specimens shall be sub- Tests
mitted for test and examination during the life of the rope if for friction
and when available and as close to six-month intervals as °^^ ropes
practicable. New.
(4) The certificate of the test shall be kept on file and a Recording
summary thereof recorded in the Rope Record Book. R.S.O.
1960, c. 241, s. 378 (3).
380. — (1) The chief engineer may require that test speci- Special
mens shall be cut from any rope discarded for use in mine of used
hoisting at points specified by him and sent to the Ontario ropes"^
Government Cable Testing Laboratory for special testing and
investigation if he is of the opinion that such testing and
investigation are in the interest of better mine hoisting practice.
(2) No charge shall be made for such special testing and ^^ t^eatmg
investigation. R.S.O. 1960, c. 241, s. 379.
Clearance for Tail Ropes
381. Water and muck spillage in the shaft sump shall be Tail ropes
kept at such a level that the tail ropes shall have a clear
passage at all times. New.
Rope Attachments
382. — (1) A hoisting rope when newly put on, and after Examination
any subsequent cutting thereof, shall have the connecting ments
attachments between the bucket, cage, skip or counterweight
and the connection between the drum and the rope carefully
examined by some competent and reliable person or persons
authorized by the owner, manager or department head, and
shall not be used for ordinary transport of persons in a shaft
or winze until two complete trips up and down the working
parts of the shaft or winze have been made, the bucket, cage,
skip or counterweight bearing its authorized load.
(2) The hoistman shall make a record of such two complete Record to
^ • • 1 TT • . T T-> . '^ be kept
trips in the Hoistman s Log Book.
(3) The results of the examination of the connecting ^g®^^J,*^r^°jj
attachments between the bucket, cage, skip or counterweight
and hoist drum and the rope shall be recorded in the Hoisting
Machinery Record Book and signed by the person making
the examination. R.S.O. 1960, c. 241, s. 380.
57
72
ancf'^^"^ 383. — (1) Every six months, the connection between the
examination rope and the bucket, cage, skip or counterweight shall be
connections thoroughly cleaned and examined. R.S.O. 1960, c. 241,
s. 381 (1), amended.
'^^^^ (2) At such time, the connection between the rope and the
drum shall be thoroughly cleaned and examined. R.S.O.
1960, c. 241, s. 381 (2).
weigM^'^' ^^^' ^^^ ^°P^ irom the counterweight shall be attached
to the drum of the hoist and not to the shaft conveyance in
drum hoist installations. R.S.O. 1960, c. 241, s. 382, amended.
Examination of Ropes and Safety Appliances
of^n)pes*and" 385. — (1) The owner or manager shall depute a competent
appUances Person or persons who shall examine,
(a) at least once in each day, the exterior of the hoisting
rope and tail rope to detect the presence of kinks or
other visible damage and to note the appearance of
the rope dressing;
(6) at least once in each month, the structure of that
portion of the hoisting rope that is not on the hoist
drum when the conveyance is at its lowest stopping
point, and the tail rope, with a view to ascertaining
the deterioration thereof, and for the purpose of this
examination the rope shall be cleaned at points
selected by such person or persons, who shall note
any reduction in the diameter or circumference of
and the proportion of wear in the rope, and the
starting point of the examination shall be changed
slightly from month to month in order to obtain
more complete information, but any portion showing
appreciable reduction in diameter or circumference
or appreciable wear shall be checked when the rope
is again examined;
(c) the portion of the rope that normally remains on
the drum of a drum hoist when the conveyance is
at its lowest stopping point, and shall lubricate such
portion, and, if, during the examination of the rope,
significant deterioration is found in the portion on
the drum or at the cross-over points, the rope shall be
shortened sufficiently to eliminate any crushed
portion or to change the position of the cross-over
points if either or both are necessary;
{d) at least once in each day, the safety catches, if any,
of the conveyance, to be sure they are clean, sharp
and in proper adjustment and working condition;
57
73
(e) at least once in every three months, the safety catches
of the cage or other shaft conveyance so equipped by
testing the same, such test to consist of releasing
the empty conveyance suddenly in some suitable
manner from rest so that the safety catches have
the opportunity to grip the guides, and, in case the
safety catches do not act satisfactorily, the cage or
other shaft conveyance shall not be used further for
raising or lowering men until the safety catches have
been repaired and have been proved to act satis-
factorily, as referred to in paragraph 1 1 of section 339.
R.S.O. 1960, c. 241, s. 383 (1), amended.
(2) In friction hoist installations, the stretch of the hoist- fe'^recorded
ing rope or ropes shall be measured and recorded in the
Friction Hoist Machinery Record Book.
(3) In friction hoist installations, measurement of rope diameters
diameters and the location and number of broken wires shall be ^^^ i'f^'^K'^
wires to be
recorded monthly in the Friction Hoist Machinery Record recorded
Book. New.
(4) If the mechanical engineer deems it necessary, he may, ^lineer*^^^
after consultation with the manager, conduct or cause to be may conduct
conducted specific tests of the safety catches with which a
conveyance is equipped.
(5) If on examination there is discovered any weakness Defects to
D0 r6ixi6ciidci
or defect whereby the safety of persons may be endangered, at once
the weakness or defect shall be immediately reported to the
owner or manager or person in charge and, until the weak-
ness or defect is remedied, the hoisting plant shall not be used.
R.S.O. 1960, c. 241, s. 383 (2, 3).
(6) It is the duty of the person referred to in subsection 1 l^l^minatfon^
to record the reports of all examinations therein referred to and ^^^ reports
also to record all reports referred to in subsection 5 in a book
called the Hoisting Machinery Record Book or the Friction
Hoist Machinery Record Book, whichever is applicable.
R.S.O. 1960, c. 241, s. 383 (4), amended.
Hoisting Machinery Record Books
386. — (1) The owner or manager shall keep or cause to beo"repor?8
kept at the mine the Hoisting Machinery Record Books re-
ferred to in section 366, in which shall be entered a report
of every examination or report referred to in sections 339
and 366, subsection 2 of section 378, subsection 3 of section
382 and sections 383 and 385, and a notation of any failure of,
accident to, correction or repairs to the hoist, the hoisting rope,
57
74
the shaft conveyance or any other part of the hoisting, dump-
ing or loading equipment, signed by the person making the
examination or report.
be^sig1fed° ^^^ Such entries shall be read and signed each day, week or
month, as is required by this Act, by the person in charge of
such equipment or accessories thereto.
What to
be entered
(3) A notation shall be made in the Hoisting Machinery
Record Books of the action taken regarding the report of any
failure of, accident to, corrections or repairs to the hoist, the
hoisting rope, the shaft conveyance or any other part of the
hoisting, dumping or loading equipment, over the signature of
the person in charge of such equipment or accessories thereto.
fva'iSbie ^^ (4) The Hoisting Machinery Record Books shall be made
available to the engineer at all times. R.S.O. 1960, c. 241,
s. 385, amended.
Raise Climbers
Brakes
387. — (1) Raise climbers shall be fitted with more than one
means of braking, each capable of stopping the climber and
holding it in place.
Maintenance (2) Raise climbers shall be maintained in safe operating
condition.
Testing of
brakes
(3) The operator of a raise climber shall ensure at the
beginning of his shift that the brakes are in safe working
condition.
Load
capacity
(4) The rated load capacity of the equipment as certified by
the manufacturer shall not be exceeded.
Log book
(5) Where raise climbers are used pursuant to section 271
or subsection 2 of section 315, an approved log book shall be
maintained.
Record
kept
(6) A record of inspections, maintenance and repairs shall
be maintained in the log book.
tJengSer (7) The log book shall be available to the engineer at all
times. New.
Folding
gates
Elevators
388. — (1) Every entrance to a hoistway shall be provided
with a substantial door or doors or gate or gates at least five
feet six inches in height.
57
75
(2) AH folding gates over three feet wide shall have top, id5m"
bottom and centre braces.
oSt*«"<» .^.
(3) Every gate or door opening to an elevator hoistway interlocks
shall be so controlled by an interlocking device that the ele-
vator cannot be moved unless the door or gate is properly
closed and that the door or gate cannot be opened unless the
elevator car is in the proper position at the floor or landing
place. R.S.O. 1960, c. 241, s. 386.
389. Every hoistway landing place shall be adequately Lighting
lighted. R.S.O. 1960, c. 241, s. 387.
390. When a hoistway is not enclosed in walls, access to Guarding
the hoistway by means of an adjacent stairway shall be pre- °^^ ^^^
vented by means of a partition to a height of at least six feet.
R.S.O. 1960, c. 241, s. 388.
391. All guide rails for cars and counterweights shall be Guide
of substantial construction and shall be securely fastened to
the sides of the hoistway, and the bottom ends shall rest on a
secure foundation and shall be firmly fixed in that position.
R.S.O. 1960, c. 241, s. 389.
392. At every elevator, other than an approved auto- clearance
matically-controlled passenger elevator, a clear space of not
less than three feet shall be provided between the bottom of
the hoistway and the lowest point of the car when the car
is at its lowest landing, and between the top of the car and
the sheave when the car is at its top landing, and also between
the top of the counterweight and the sheave when the car is
at its lowest landing. R.S.O. 1960, c. 241, s. 390.
393. Every elevator shall be provided with automatic Automatic
devices at the top and bottom of the travel of a car in thede^v^c^s
hoistway, so arranged that the car will be stopped before it
has travelled two feet above the top landing, or two feet below
the bottom landing, and all drum hoists shall, in addition, be
fitted with automatic stop motions to prevent overwinding.
R.S.O. 1960, c. 241, s. 391.
394. All counterweights shall have their sections strongly Protecting
bolted together, shall be so placed that they cannot fall weights
on any part of the elevator or machinery and shall be sus-
pended in guides in such a manner that they will run freely
without danger of being detached. R.S.O. 1960, c. 241, s. 392.
395. Every elevator on which any person travels shall be protection
provided with side casing and shall have a door or doors ex-^"^ ® ®^* °^
tending at least five feet above the bottom of the elevator, and
the top shall be covered with suitable protective roofing.
R.S.O. 1960, c. 241, s. 393.
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76
Safety
catches
396. — (1) Every elevator on which any person travels
shall be provided with efficient safety catches capable of
holding the elevator and its maximum load in any position
in the hoistway.
Idem
(2) When the safety catches are operated through shafts,
all the levers and safety catches shall be keyed to the shafts.
R.S.O. 1960, c. 241, s. 394.
dev'ices"^ 397. For every elevator on which any person travels,
other than an elevator equipped with approved controls for
automatic operation, there shall be provided at every fioor or
landing place suitable devices to signal to the elevator car
operator. R.S.O. 1960, c. 241, s. 395.
of elevators ^^^' — ^^^ '^^^ ropes, safety devices, safety catches, sig-
nalling devices, doors, interlocks and other electrical and
mechanical equipment necessary to the safe operation of
elevators shall be inspected at least once each month.
a^^?ab?e (^) ^^^ records of such inspection shall be made available
to the engineer. R.S.O. 1960, c. 241, s. 396.
Posting 399, xhe manufacturer's rated capacity for the elevator
capacity of . ^
elevator shall be posted in the elevator. R.S.O. 1960, c. 241, s. 397.
^perafore^**^'^ 400. No person under the age of eighteen years shall be
allowed to operate an elevator, other than an automatically-
controlled elevator. R.S.O. 1960, c. 241, s. 398, amended.
Interpre-
tation
Warning
devices
Travelling Cranes
401. — (1) In this section and in sections 530 and 531,
"crane" means a crane that travels on fixed tracks and is
operated from a cab mounted on the crane. New.
(2) Every crane shall be equipped with a whistle, bell,
gong or horn that shall be sounded at such times as are neces-
sary to give warning of the approach of the crane to places
where men are working or are liable to pass. R.S.O. 1960,
c. 241, s. 399 (1), amended.
to^prevent (^) Every crane shall be equipped with suitable devices
overwind ^-q prevent overwinding. R.S.O. 1960, c. 241, s. 399 (2).
examination ('^) ^^^ owner or manager shall depute some qualified
of cranes person or persons to examine daily such parts of the crane or
apparatus pertaining thereto upon the proper working of
which the safety of persons depends. R.S.O. 1960, c. 241,
s. 400 (1).
57
77
(5) A record of the examination and other regular main- Record
tenance examinations shall be kept, signed by the person mak-
ing the examination, and such record shall be available to the
engineer at all times. R.S.O. 1960, c. 241, s. 400 (2), amended.
(6) No person, other than the operator, shall be permitted proWbited
to ride on a crane or any part thereof or on any material
carried by the crane, except for inspection, supervision,
maintenance and repair, or the instruction of a new operator.
R.S.O. 1960, c. 241, s. 401.
(7) No person under the age of eighteen years shall be Age, crane
allowed to operate a power-driven crane controlled from a
cab. R.S.O. 1960, c. 241, s. 402, amended.
Protection from Machinery
402. Every fly-wheel, geared-wheel, bull-wheel, pulley orriy-wheei,
belt, and every opening through which any wheel or belt wheel, etc.
operates, shall be enclosed with a substantial railing or casing,
unless situated in such a manner or location as to prevent a
person from coming into accidental contact therewith. R.S.O.
1960, c. 241, s. 403.
403. Every key, bolt, set -screw, and every part of a wheel pj-olections
or other revolving machinery that projects unevenly from to be
the surface, shall be covered, unless situated in such a manner
or location as to prevent a person from coming into accidental
contact therewith. R.S.O. 1960, c. 241, s. 404.
404. — (1) Every stationary power-driven grinding wheel ^J^^^^"^^ ^^
shall be provided with a suitable hooded guard. R.S.O. guarded
1960, c. 241, s. 405 (1), amended.
(2) Such guard shall be adjusted close to the wheel and ^^^'^
extended forward, over the top of the wheel, to a point at
least 30 degrees beyond a vertical line drawn through the
centre of the wheel. R.S.O. 1960, c. 241, s. 405 (2).
405. Persons engaged in dangerous proximity to moving wearing
machinery shall not wear or be allowed to wear loose outer clothing
clothing. R.S.O. 1960, c. 241, s. 406.
406. Every runway or staging more than five feet from Runway to
the floor and used for oiling or other purposes shall be provided railing
with a hand-raihng. R.S.O. 1960, c. 241, s. 407.
407. Every entrance to an elevator, hatchway or well- ^f °*ft°ance
hole shall be provided with a suitable trap-door, guard-rail
or automatically-closing gate. R.S.O. 1960, c. 241, s. 408.
57
78
weighifs^ 408. Every counterweight shall be so situated or guarded
that injury to a person would not be probable should it
become detached from its fastenings. R.S.O. 1960, c. 241,
s. 409.
Track 409. — (1) Every switch in a track, either above or below
ground, on which cars are moved by mechanical power shall
have the frog and guard rail entrances provided with a guard
block if its construction is not such that the hazard of a man's
foot being caught in it is reduced to a minimum. R.S.O. 1960,
c. 241, s. 410 (1), amended.
of tracks^'^^^ (2) All tracks shall be maintained in good working con-
dition. R.S.O. 1960, c. 241, s. 410 (2).
Conveyors, 410. — (1) No person shall ride on a conveyor or belt, other
than an escalator or man-lift approved by the chief engineer.
R.S.O. 1960, c. 241, s. 411 (1).
Idem (2) The following apply to installations of conveyor belts
that exceed 100 feet in length:
1. There shall be an approved means for stopping the
conveyor belt, available to any person along its
course, by a device that is not capable of restarting
the conveyor belt.
2. There shall be a suitable means of locking or tagging
the control switch, or both, to prevent the conveyor
belt from starting, and any control switch that is
locked shall not be a push-button switch.
3. Where practicable, there shall be suitable warning
before starting a conveyor belt to warn persons along
its course.
4. Where conveyorways are used as regular travelways,
suitable means shall be provided to protect persons
from material that may fall from the belt.
5. All inclined conveyorways shall be equipped with a
suitable walkway or travelway to allow access for
maintenance purposes. R.S.O. 1960, c. 241, s. 411 (2),
amended.
Clay, Sand and Gravel Pits, and Quarries
y^^^J^^^^'^e 411. — (1) In workings of clay, sand and gravel or other
forbidden /- ' ,. , , • , i i i r
types of unconsolidated material, the method oi removing
material by undermining shall not be used.
57
79
(2) No working place shall have a vertical height of more idem
than ten feet, unless the material is at a suitable angle to
ensure safety.
(3) Where the thickness of the material exceeds ten feet^^®"^
in vertical depth, the work shall be done in terraces or at a
suitable angle to ensure safety. R.S.O. 1960, c. 241, s. 412
(1-3).
(4) Where mechanical equipment is used in loading un- Me9hamoai
consolidated material, unless the material is at a suitable
angle of repose, no working place shall have a vertical height
of more than five feet above the top of the boom or the bottom
of the bucket raised to its highest operating position. R.S.O.
1960, c. 241, s. 412 (4), amended.
412. Unless permission in writing is first obtained from^®i|^*
the chief engineer, all open-cut (cast) operations (workings)
over sixty-five feet in depth shall be worked in benches not
more than sixty -five feet high, and due precautions shall be
taken to maintain the walls, benches and broken material in
a safe working condition, and no working face shall be ad-
vanced by undercutting, except where a tunnelling method
is used. k.S.O. 1960, c. 241, s. 413 (1), amended.
413. Every pit or quarry dangerous by reason of its depth p^g^^^^
shall be securely fenced or otherwise protected against <i^^^"®^
inadvertent access. R.S.O. 1960, c. 241, s. 414, amended.
414. — (1) In all open-pit workings, all unconsolidated overbunfen
materials, such as clay, earth, sand, gravel and loose rock
lying within six feet of the rim of the pit or quarry, shall be
removed. R.S.O. 1960, c. 241, s. 415 (1), amended.
(2) Beyond this strip, all overburden shall be sloped to an idem
angle less than its natural angle of repose. R.S.O. 1960,
c. 241, s. 415 (2).
415. When dumping material from a vehicle to a stock- ^^^^^^^^^"^
pile, due precautions shall be taken to keep the vehicle at<^""^pi'^8
a safe distance from the edge. New.
416. — (1) Unless the adjoining owners agree to dispense Party walls
^1 • 1 • It 1 1 1 of pits and
therewith, in sand, clay or gravel or other natural uncon- quarries
solidated material, excavation operations shall not be carried
on within a distance from the property boundary of half the
height of the total pit face, and material that sloughs from
within this distance shall not be removed in order to permit
the formation of a natural slope.
57
80
ilstricMon'^ (2) Unless the adjoining owners agree to dispense there-
with, no quarrying shall be carried on in a rock quarry within
a distance of fifteen feet of the property boundary. R.S.O.
1960, c. 241, s. 416 (1, 2), amended.
Idem (3) Where there is overburden, the natural slope of the
overburden shall be allowed for beyond this distance from the
property boundary as required under section 414. R.S.O.
1960, c. 241, s. 416 (3).
?f'wS''^"°'' 417. — (1) No person shall be permitted to work near the
pit or quarry wall until the wall has been examined by the
foreman in charge of the crew. R.S.O. 1960, c. 241, s. 417 (1),
amended.
Idem (2) If the wall is found unsafe, the foreman shall have all
hazards removed before permitting any other work. R.S.O.
1960, c. 241, s. 417 (2).
of^(f n-ick" 418. Derrick guy wires shall be regularly inspected and
guy wires maintained. R.S.O. 1960, c. 241, s. 418.
Life lines
419. — (1) It is the duty of each man engaged in work on
the wall of the pit or quarry, at such operations as barring
loose material, scaling and cleaning, to continually wear a
life line. R.S.O. 1960, c. 241, s. 419 (1), amended.
Snubbing,
etc.
(2) The life line shall be securely snubbed above the work-
ing place and shall be under the supervision of a snubtender,
or the line may be held taut by one or more fellow-workmen.
R.S.O. 1960, c. 241, s. 419 (2).
Hoisting
of men
prohibited
420. No person shall be hoisted or allow himself to be
hoisted or lowered by means of a hoist or derrick at a pit
or quarry unless permission is first obtained in writing from
the chief engineer. R.S.O. 1960, c. 241, s. 420.
Signalman
to clear
area
421. Where a load is being hoisted or lowered by means
of a hoist or derrick at a pit or quarry, the signalman shall
notify all persons in the vicinity to retire to a place of safety
until the load has cleared the danger zone. R.S.O. 1960, c. 241,
s. 421.
Derail at
top of
incline
422. — (1) An effective block, automatic derail or safety
switch shall be provided at the top of each inclined place to
prevent cars accidentally running down.
Exception (2) Such installation, however, is not required where the
skip or car remains on the hoisting cable. R.S.O. 1960, c. 241,
s. 422.
57
81
423. At all rock quarries, a record of each primary blast, Record of
signed by the person in charge of the blast, shall be kept and blasts
the following information recorded:
1. Date, time and location of the blast.
2. Burden, spacing, depth and number of holes blasted.
3. Weight of explosive, footage of top stemming and
firing delays used in respect of each hole.
4. Weight of explosives used per estimated ton broken.
R.S.O. 1960, c. 241, s. 423.
424. Unless the movement of the hoisting conveyance is^fg^ais^^
visible to the hoistman at all times, a suitable signal system
shall be installed and maintained, and suitable signals,
approved by an engineer, shall be used. R.S.O. 1960, c. 241,
s. 424.
425. — (1) At every pit or quarry, there shall be provided and ways^ ^"'^
maintained in good condition a suitable travelling way leading
from the working level of the pit or quarry to the surface.
R.S.O. 1960, c. 241, s. 425 (1), amended.
(2) Where the travelling way is inclined at more than ^^^^
30 degrees and less than 50 degrees to the horizontal, stairways
or ladders shall be provided.
(3) All stairways shall be equipped with substantial and ^^®"^
suitably-placed hand-rails.
(4) Where the travelling way is inclined at more than idem
50 degrees to the horizontal, ladders shall be used.
(5) Substantial platforms shall be built at intervals not idem
exceeding twenty-one feet in the ladderway and at all places
where the ladders are off-set. R.S.O. 1960, c. 241, s. 425
(2-5).
(6) Except for approved access ladders to equipment, no^<^®°^
ladder shall be installed at an inclination of more than 70
degrees to the horizontal. R.S.O. 1960, c. 241, s. 425 (6),
amended.
426. Adequate lighting, safe footing and sufficient room Safe working
shall be provided for all workmen who are required to work about
near or about machinery. R.S.O. 1960, c. 241, s. 426. machinery
57
82
Antidotes
and washes
Crushing Plants, Mills and Metallurgical Works
427. — (1) At every mine or works where poisonous or
dangerous compounds, solutions or gases are used or produced,
there shall be kept in a conspicuous place, as near the com-
pounds, solutions or gases as is practicable, a sufficient supply
of satisfactory antidotes and washes for treating injuries
received from such compounds, solutions or gases.
Idem
(2) Such antidotes and washes shall be properly labelled
and explicit directions for their use affixed to the boxes con-
taining them. R.S.O. 1960, c. 241, s. 427.
produ^uon ^^^' ^^^ provision shall be made at all plants, where
poisons ^^*'^^' ^^^^^ o^ poisonous compounds are produced, transferred,
used or stored, to reduce to a minimum the hazard of handling
or storing such materials. R.S.O. 1960, c. 241, s. 430, amended.
Removal
of dust
429. In every mill or plant where, by reason of dry crush-
ing or otherwise, there is in the air of the building dust in
quantity to be injurious to health, suitable apparatus shall be
installed for its removal. R.S.O. 1960, c. 241, s. 428.
Poisonous
vapours
430. — (1) In every mill or plant where poisonous vapours or
gases exist or may be formed, suitable means shall be adopted
to provide such ventilation as will prevent the formation of
dangerous concentrations of the same. R.S.O. 1960, c. 241,
s. 429.
wh®e°n^*'°" (2) No person shall enter or be permitted to enter a tank
entering until due precautions have been taken to ensure that the
atmosphere is safe. New.
Transfer of
liquids by-
compressed
air
431. The transfer of liquids from one location or container
to another location or container by the application of air
under pressure shall not be permitted, except where properly-
designed and tested equipment is used for this purpose.
R.S.O. 1960, c. 241, s. 431.
Life lines,
for work
in bins
432. — (1) No person shall enter or be allowed to enter a
storage bin from which material is drawn off at the bottom
while material is stored therein, unless a second person is in
constant attendance and suitable precautions are taken
against the danger of caving material.
to be
provided
and worn
(2) The owner or manager shall, when necessary, provide
life lines for the workmen, and it is the duty of the workmen to
continually wear such life lines when, by so doing, the interests
of safety are advanced. R.S.O. 1960, c. 241, s. 432.
57
83
433. Where in the opinion of the enginner the use of ^j^^|.Qj.j^g
working platforms in or at bins is advisable, they shall be
provided, used and maintained in a safe working condition,
R.S.O. 1960, c. 241, s. 433.
434. — (1) Guard-rails shall be placed at the approach to Quard-^aiis
tracks on surface, where mechanical haulage is used and where approaches
the view of the tracks is obstructed in one or both directions.
(2) Where restricted clearances make the use of guard-rails when
. '.,., .. c . , . impractical
impractical in the opinion of an engineer, he may permit
such guard-rails to be omitted but shall require that there be
installed at the track approaches a suitable type of warning
signal that will automatically give adequate, audible and
visible warning at all times of the approach of the conveyance,
or that a switchman shall walk ahead of the leading con-
veyance on the track when the conveyance is in dangerous
proximity to the area requiring guarding and stand guard at
such approaches. R.S.O. 1960, c. 241, s. 434.
435. — (1) Workmen employed at metallurgical works shall protectioif
be supplied with suitable shields and appliances to protect burning
them as far as possible against being burned with molten
metal or other material.
(2) It is the duty of all workmen to use such shields and use
appliances. R.S.O. 1960, c. 241, s. 435.
436. Before any person or persons are allowed to work on inspection
stock piles of ore, limestone, coke or other material, the stock
piles shall be inspected by some authorized person whose duty
it is to see that they are in a safe working condition. R.S.O.
1960, c. 241, s. 436.
437. Each scale car shall be provided with an audible Scale cars
warning alarm that shall be sounded by the operator each
time a car is started, or each car shall be equipped with an
automatic mechanical warning alarm that will sound when
the car is moved. R.S.O. 1960, c. 241, s. 437.
438. — (1) Every ladle or slag pot shall be examined before Examination
molten material is placed therein. etc.
(2) Every efTort shall be made to prevent molten material ^^^^
from coming into accidental contact with cold, damp or rusty
surfaces where such contact may cause an explosion. R.S.O.
1960, c. 241, s. 438.
439. — (1) When molten material is transported by me- Fining of
chanical means in ladles or slag pots and the safety of persons
57
84
may be endangered from splashing, every effort shall be made
to ensure that the ladles or slag pots are not filled above a
point four inches below the top of the vessel.
Idem (2) If this limit is exceeded, the ladle or slag pot shall not
be moved until the foreman or other responsible person has
warned the workmen required to handle the ladle or slag pot
of this condition and has warned all persons in the vicinity.
R.S.O. 1960, c. 241, s. 439.
Side
clearance,
haulage
440. Where mechanical haulage is used on surface and the
clearance between the sides of conveyances on parallel tracks
or between the sides of conveyances and the side of a building
or other structure is less than eighteen inches, the location
shall be plainly marked showing the danger. R.S.O. 1960,
c. 241, s. 440.
Overhead
clearance
441. At the approach to an overhead bridge, pipe line or
a similar structure on a standard -gauge railway track and
the clearance is less than six feet between the top of a railway
car and the underside of the structure, a "low bridge" warning
device shall be installed. R.S.O. 1960, c. 241, s. 441.
Life lines 442. Life lines and belts in good order shall be provided
and kept in a secure and readily accessible place for im-
mediate use in case it becomes necessary to rescue a workman
from the top rigging, and also for use by a workman whose
duties require him to work in an atmosphere that is liable
to become dangerous by reason of the presence of noxious
gases. R.S.O. 1960, c. 241, s. 442.
Ventilation
Blast furnaces
443. At all furnaces of the hand-filled type, the room at the
furnace top, where workmen are engaged, shall be adequately
ventilated. R.S.O. 1960, c. 241, s. 443, amended.
Protecting
workmen
Protection
from bustle
pipes
444. Whenever it becomes necessary for a workman to
go above the casting floor, he shall notify the foreman or other
responsible person, who shall see that there is always a work-
man in attendance whose duty it is to remain outside the
gaseous area and act as a watcher and give the alarm to the
casthouse or stockhouse and render every possible assistance
in case of gassing or other danger. R.S.O. 1960, c. 241, s. 444.
445. — (1) All bustle pipes shall be provided with safe
working platforms equipped with hand-rails at least three feet
six inches in height and, wherever practicable, the platform
shall not rest directly on the bustle pipe, but shall be supported
on angle bars, so that the floor plate will not become suffi-
ciently hot to cause burns to a workman falling on it.
57
85
(2) Access to the platform shall be by a stairway provided ^^^^
with hand-rails. R.S.O. 1960, c. 241, s. 445.
446. A suitable line of communication by telephone, gong. Line of ,
or other mechanical means, shall be maintained between the cation
furnace top, and all other dangerous places, to the casthouse,
skip operator's room or other place where workmen are
continuously on duty. R.S.O. 1960, c. 241, s. 446, amended.
447. A suitable ladderway or stairway shall be provided f*^*^i^|Jgi..
from the foundation to the top of the furnace. R.S.O. 1960, ^^ys
c. 241, s. 447.
448. Unless an approved type of elevator is provided as a stairways
means of travel to the furnace top, stairways shall be installed
at an angle not greater than 50 degrees from the horizontal
and shall be provided with landings or turnouts at intervals
of not more than twenty-five feet, measured on the slope, so
that it will not be possible for a workman to fall from the top
to the foundation below. R.S.O. 1960, c. 241, s. 448.
449. — (1) Every foreman shall personally supervise or supervision
appoint a competent person to supervise any work around the hazardous
furnace involving unusual accident hazard, such as work in^°
gas mains or cleaners, tearing out linings, work in the cast-
house, about the stoves when blowing in or blowing out, and
any work about the bells or stock line. R.S.O. 1960, c. 241,
s. 449 (1), amended.
(2) He shall also, when the furnace is known to be hanging idem
and liable to slip, see that no workman is allowed on top for
any purpose. R.S.O. 1960, c. 241, s. 449 (2).
450. When ore becomes frozen or jammed in the furnace Protection
hopper or bell and workmen are required to bar the ore into
the furnace, a suitable guard-rail shall be provided to prevent
workmen slipping on to the bell. R.S.O. 1960, c. 241, s. 450.
451. — (1) There shall be maintained in readily accessible Apparatus
places at all metallurgical plants, where the atmosphere may
contain dangerous concentrations of poisonous gases or
vapours, detection equipment, breathing apparatus and port-
able resuscitating apparatus of approved type, with an
adequate supply of material for the proper operation of the
apparatus. R.S.O. 1960, c. 241, s. 451 (1), amended.
(2) There shall also be on duty in each working shift one ?'^*g^°®^gj
or more persons appointed by the superintendent and trained
in the use of breathing and resuscitating apparatus. R.S.O.
1960, c. 241,8.451(2).
57
86
steam
boilers
Steam, Compressed Air
452. — (1) Every steam boiler used for generating steam
in or about a mine, whether separate or one of a range,
(a) shall have attached to it a proper safety-valve, and
also a proper steam-gauge and water-gauge, to show
respectively the pressure of steam and the height
of water in each boiler; and
(b) shall be inspected by an Ontario Government boiler
inspector or by an inspector of a boiler insurance
company at least once in every twelve months, and
a certified copy of the report of the inspection shall
be forwarded to the chief engineer.
Dosted°^*^ (2) The certificate of inspection shall be kept posted in the
boiler room at all times. R.S.O. 1960, c. 241, s. 452.
Maintenance 453^ Every such boiler, safety-valve, steam-gauge and
water-gauge shall be maintained in proper working condition.
R.S.O. 1960, c. 241, s. 453.
Air receivers
and com-
pressors
Certificate
posted
454. — (1) Every air receiver installed at the surface of a
mine and those installed with an air compressor underground
shall be inspected by an Ontario Government boiler inspector
or by an inspector of a boiler insurance company at least once
in every twelve months, and a certified copy of the report
of the inspection shall be forwarded to the chief engineer.
(2) The certificate of inspection shall be kept posted in
the compressor room at all times.
Examination (3) All intercoolers, aftercoolers, inlet and discharge valves
and mam- ^ . . . in, • i
tenance on Stationary compressors in operation shall be examined at
least once in every twelve months and shall be cleaned when
necessary.
Tempera- (4) A temperature-indicating device shall be installed on
ing device the high pressure discharge of each compressor.
Idem
Idem
Exception
(5) The normal operating temperature shall be indicated
by a red mark on the scale.
(6) The temperature shall be recorded at least once a shift.
(7) Subsections 3 to 6 do not apply to portable compressors,
compressors discharging to atmosphere, stationary com-
pressors of less than 300 c.f.m. capacity, banks of compressors
with a total capacity of less than 300 c.f.m. discharging to a
common receiver, or compressors where the cylinders are not
lubricated with oil.
57
87
(8) The air receivers mentioned in subsection 1 shall be Examination
examined at least once in every twelve months and shall be receivers
cleaned when necessary.
(9) A book shall be kept in which shall be recorded the date |^®°^^^g|^[Qjjg
of every examination and cleaning under subsections 3 and 8
and a note shall be made as to the condition of the appliance
examined or cleaned. R.S.O. 1960, c. 241, s. 454.
Provisions Governing the Use of Electricity
455. In this section and in sections 456 to 594, tatkm"^*"
1. "accessible", as applied to equipment, means per-
mitting close approach because not guarded by locked
doors, elevation or other effective means;
2. "armoured cable" means a cable provided with an
outer covering, fabricated from a metal other than
lead, which forms an integral part of the assembly of
the cable and is designed primarily to afford mechani-
cal protection;
3. "authorized person" means,
(a) a qualified person who, because of his duties
or occupation, is delegated to approach or
handle electrical equipment,
(b) any other person who, having been warned of
the hazards involved, has been instructed or
authorized to approach or handle electrical
equipment by some person having authority
to give the instructions or authorization;
4. "branch circuit" means the part of a circuit that
extends beyond the final over-current devices on
the circuit;
5. "circuit" means a path through which electric
current can flow ;
6. "circuit-breaker" means an electro-mechanical de-
vice designed to open, under both overload and short-
circuit conditions, a current-carrying circuit without
injury to the device;
7. "conductor" means a body so constructed from con-
ducting material that it may be used as a carrier of
electric current;
57
88
8. "contactor" means a device, operated other than
by hand, for repeatedly establishing and interrupting
an electric power circuit;
9. "disconnecting means" means a device, group of
devices or other means whereby the conductors of a
circuit can be disconnected from their source of
supply;
10. "electrical equipment" means any apparatus, appli-
ance, device, instrument, fitting, fixture, machinery,
material or thing used in or for, or capable of being
used in or for, the generation, transformation, trans-
mission, distribution, supply or utilization of electric
power or energy, and, without restricting the gener-
ality of the foregoing, includes any assemblage or
combination of materials or things which is used,
or is capable of being used or adapted, to serve or
perform any particular purpose or function when
connected to an electrical installation, notwith-
standing that any such materials or things may be
mechanical, metallic or non-electric in origin;
11. "feeder" means a conductor, or group of conductors,
which transmits electrical energy from a service
supply, transformer, switchboard, distribution centre,
generator or other source of supply to branch circuit
overcurrent devices;
12. "ground" means a connection to earth obtained by
a ground electrode;
13. "ground electrode" means a buried metallic water-
piping system or metal object or device buried in
or driven into the ground so as to make intimate
contact therewith and to which a grounding conduc-
tor is electrically and mechanically connected;
14. "grounded" means connected effectively with the
general mass of the earth through a grounding system
having a current-carrying capacity sufficient at all
times, under the most severe conditions that are
liable to arise in practice, to prevent a current in
the grounding conductor from causing a harmful
voltage to exist,
(a) between the grounded conductors and neigh-
bouring exposed conducting surfaces that are
in good contact with the earth, or
(b) between the grounded conductors and neigh-
bouring surfaces of the earth itself;
57
89
15. "grounding conductor" means a path of suitable
metal specially arranged as a means whereby
electrical equipment is electrically connected to a
ground electrode;
16. "grounding system" means all conductors, clamps,
ground clips, ground plates or pipes and ground
electrodes by means of which the electrical instal-
lation is grounded;
17. "guarded" means covered, shielded, fenced, en-
closed or otherwise protected by means of suitable
covers, or casings, barriers, rails or screens, mats or
platforms, to remove the likelihood of dangerous
contact or approach by persons or objects;
18. "isolating means" means a device, group of devices
or other means intended for isolating an electric
circuit from its source of power and intended to
be operated only after the circuit has been opened
by some other means;
19. "mobile", as applied to electrical equipment, means
the equipment is specifically designed not to be used
in a fixed position;
20. "overcurrent device" means any device capable of
automatically opening an electrical circuit both
under pre-determined overload and short-circuit
conditions either by fusing of metal or by electro-
mechanical means;
21. "overload device" means a device affording protec-
tion from excess current but not necessarily short-
circuit protection, and capable of automatically
opening an electric circuit either by the fusing of
metal or by electro-mechanical means;
22. "qualified person" means a person familiar with the
construction and operation of electrical equipment
and the hazards involved;
23. "switch" means a device for making, breaking or
changing connections in a circuit, and
(a) "general use switch" means a switch that is
intended for use in general distribution and
branch circuits, is rated in amperes and is
capable of interrupting its rated current at
rated voltage, and
57
90
(b) "motor circuit switch" means a switch, rated
in horsepower, capable of interrupting the
maximum operating overload current of a
motor of the same horsepower at the rated
voltage ;
24. "switchboard" means a panel or assembly of panels
on which are mounted any combination of switching,
measuring, control and protective devices, buses and
connections, designed with a view to successfully
carrying and rupturing the maximum fault current
encountered when controlling incoming and out-
going feeders;
25. "utilization equipment" means equipment, devices
and connected wiring that utilize electrical energy
for mechanical, chemical, lighting, testing or similar
purposes and are not a part of the supply equipment,
supply lines or communication lines;
26. "visible break", where applied to a disconnecting
means, means a switch or device wherein the separa-
tion between all members of the movable and the
fixed current-carrying parts may be readily deter-
mined by visual inspection ;
27. "voltage" or "volts" means the highest effective
difference of potential between the conductors of
the circuit concerned;
28. "voltage to ground" means,
(a) in grounded circuits, the highest effective dif-
ference of potential between any wire of the
circuit and ground,
(b) in ungrounded circuits, the highest effective
difference of potential existing in the circuit;
29. "wire gauge" means the standard known as A.W.G.
(American Wire Gauge) or B. & S. (Brown and
Sharpe) wire gauge. R.S.O. 1960, c. 241, s. 455,
amended.
GENERAL
Disconnec- 455. In case of the abandonment of a mine, the owner,
tion when .,111 1 •
mine manager or supermtendent shall cause such station or stations
supplying power to and being the property of the mine to be
disconnected from the power source and within fourteen days
57
91
shall notify the chief engineer in writing that the discon-
nection has been made. R.S.O. 1960, c. 241, s. 517.
457. Electrical equipment shall be designed, installed and ^^^^''^^
maintained in compliance with the requirements of this Act.
R.S.O. 1960, c. 241, s. 461, amended.
458. The current edition of the Canadian Electrical Code, A;^'^®?*®^
Part I, shall be accepted as good practice in the installation
of electrical equipment except where it may conflict with the
sections herein set forth. R.S.O. 1960, c. 241, s. 457, amended.
459. All electrical equipment shall be of such construction Hazard
and so installed and maintained as to reduce life and fire
hazard as far as practicable. R.S.O. 1960, c. 241, s. 458.
460. All electrical equipment shall be suitably identified Jj^^^ti^^ca-
where necessary for safety. R.S.O. 1960, c. 241, s. 459. equipment
461. Electrical equipment shall show a plate bearing theNamepiate
maker's name and all other ratings, such as horsepower,
voltage or current, necessary to prove its suitability. R.S.O.
1960, c. 241, s. 460, amended.
462. — (1) Where electrical apparatus is used at a mine, it Competent
shall be in charge of an authorized person who shall be quali- charge '"
fied by experience to handle such apparatus.
(2) Every person operating or having charge of electrical idem
apparatus shall have been instructed in his duty and shall be
competent to perform the work that he is set to do.
(3) Repairs, extensions and changes to existing electrical idem
installations shall be made only by qualified persons. R.S.O.
1960, c. 241, s. 456.
463. Temporary wiring and equipment that is not in Temporary
compliance with this Act may be used in an emergency, but ^"^*^^^^*'^'^"^
only when under competent supervision or protected by suit-
able barriers or warning signs while it or neighbouring wiring
is alive and accessible to unauthorized persons, and such
temporary installations are permissible only for the period of
the emergency. R.S.O. 1960, c. 241, s. 464.
464. — (1) Defective equipment shall be put in good order Defective
... ^ , ° equipment
or permanently disconnected.
(2) Defective wiring shall be repaired or removed. R.S.O. wiring*'^®
1960, c. 241, s. 462.
57
92
ilve'^^ °^ ^^^- — ^^^ ^° repairs or alterations shall be carried out
equipment on any live equipment exceeding 300 volts to ground, except
where complete disconnection of the equipment is not prac-
ticable.
i^em (2) If the adjustment or repairs must be made while the
equipment is alive, all necessary precautions shall be taken to
ensure that the work may be done safely.
Idem (3) In places where explosive or highly-flammable materials
or gases are present, repair or alteration shall not be made on
any live equipment. R.S.O. 1960, c. 241, s. 466.
Locking or 466.— (1) All switches controlling apparatus shall be
switches locked or plainly tagged in the open position to prevent the
inadvertent closing thereof while work is being done on the
apparatus.
Idem (2) Notices placed on electrical equipment shall be of non-
conducting materials. R.S.O. 1960, c. 241, s. 463.
fxtfnguishing ^^^ • — ^^^ Where installed electrical apparatus presents a fire
appliances hazard, each room or space shall be provided with an adequate
approved fire-extinguishing appliance, conveniently located
and conspicuously marked. R.S.O. 1960, c. 241, s. 465 (1).
Idem (2) Any fire-extinguishing appliance that has not been
approved for use on live parts shall not be placed in a room
containing electrical apparatus or exposed lines unless a sign
is mounted at the appliance warning against its use on
electrical fires. R.S.O, 1960, c. 241, s. 465 (2), amended.
GROUNDING
from*''*^°'^ 468. Grounding conductors shall have adequate protection
mechanical where exposed to mechanical injury. R.S.O. 1960, c. 241,
""'"'^ s. 471.
Circuits to
be grounded
Idem
Idem
469. — (l),One conductor of all circuits not over 150 volts
shall be grounded if exposed to leakage from higher voltage
circuits either through overhead construction or through
transformers having a primary voltage exceeding 750 volts,
except where such circuits form part of a control circuit or
signalling system the grounding of which would affect the
reliability of service.
(2) Three -wire single-phase circuits not exceeding 300 volts
between outer conductors shall have the neutral grounded.
(3) One conductor of the secondary circuits of all instru-
ment transformers shall be grounded unless the circuits are
57
93
installed and guarded as required for the high-voltage circuits
of the transformers. R.S.O. 1960, c. 241, s. 472.
470. — (1) For grounding A.C. circuits, the grounding con- Size of
ductors shall have adequate current-carrying capacity and grounding
shall be not less than No. 8, A.W.G. R.S.O. 1960, c. 241,'°'''^''°*°'"
s, 473 (1), amended.
(2) The grounding conductor for secondary circuits of^^®"^
instrument transformers shall not be smaller than the con-
ductors of the secondary circuit. R.S.O. 1960, c. 241, s. 473
(2).
471. — (1) The exposed non-current-carrying metal parts ^^^i^^p"^®"^*
of all electrical equipment shall be grounded when practicable, grounded
(a) for all equipment over 150 volts; and
(6) for all equipment under 150 volts where the exposed
non-current-carrying metal parts are within reach
of exposed grounded surfaces, such as metal frames
of other machines, plumbing fixtures, conducting
floors or walls.
(2) Grounded surfaces within five feet horizontally of the i<iem
parts considered or within eight feet vertically of the floor
shall be considered within reach. R.S.O. 1960, c. 241, s. 474.
472. — (1) The minimum size of grounding conductor f or Iq^jp^gj^,.
raceways and fixed equipment shall be not less than that s''o""^i'^K
•111 1 c ••!• 1-1 conductor
provided by a copper conductor of a size indicated in the
following table:
MINIMUM SIZE OF GROUNDING CONDUCTOR FOR
RACEWAYS AND EQUIPMENT
Rating or Setting of
Size
of Ground
ing Conductor
Automatic Overcurrent
Device in Circuit
Electrical
Ahead of Equipment,
Copper
Alum.
Conduit
Metallic
Conduit, etc., Not
Wire
Wire
or Pipe
Tubing
Exceeding — Amperes
AWG
AWG
Inch
Inch
20
16*
14*
y2
Vl
30
14
12
y2
H
40
12
10
M
H
60
10
8
H
^
100
8
6
M
H
200
6
4
¥2
1
400
4
2
%
IK
600
2
0
%
IJi
800
0
GO
1
2
1000
00
000
1
2
1200
000
0000
1
2
•Permissible only when part of an approved cable assembly.
57
94
Idem
(2) Where the grounding conductor is run outside the cable
armour or conduit enclosing the associated circuit conductors,
the minimum size of such a grounding conductor shall be No.
8, A.W.G. R.S.O. 1960, c. 241, s. 475, amended.
grounding 473. Flexible cord used to supply portable equipment
size for having a rating of fifteen amperes or less at voltages not
equipment exceeding 250 volts shall have included in the cord assembly
a grounding conductor whose size shall be,
(a) not smaller than No. 16, A.W.G. if uninsulated, or
No. 18, A.W.G. if insulated; and
(6) at least the same size as the current-carrying con-
ductors, except that, in cords of No. 12, A.W.G. and
larger, it may be two A.W.G. sizes smaller than the
other conductors. R.S.O. 1960, c. 241, s. 476,
amended.
Means of
attachment
to circuits
and
equipment
474. The grounding conductor, bond or bonding jumper
shall be attached to circuits, conduits, cabinets, equipment
and the like, which are to be grounded, by means of suitable
lugs, pressure connectors, clamps or other approved means.
R.S.O. 1960, c. 241, s. 477, amended.
Material 475. The grounding conductor shall be of copper or other
grounding metal that will not corrode excessively under the existing
conductors ^.o^ditiong R g Q. 1960, c. 241, s. 478, amended.
Piping
system
used as
ground
476. — (1) Ground connections to metallic water or air
systems shall be made beyond any point liable to discon-
nection.
Idem (2) Main water or air lines shall be substantially bonded
together for this purpose, but shall, unless connected to a
buried piping system of considerable extent that will provide
a low-resistance ground, be connected to an artificial ground
electrode. R.S.O. 1960, c. 241, s. 479, amended.
Means of 477. The grounding conductor shall be connected to the
to ground grounding electrode by means of substantial ground clamp or
electrode ^^^^^ equivalent means. R.S.O. 1960, c. 241, s. 480 (1).
^lecU'odL ^^^- — (^) Artificial ground electrodes shall consist of driven
pipes, rods, buried plates or other devices acceptable for the
purpose.
Idem
(2) Electrodes of iron or steel pipe shall be not less than
3^-inch internal diameter and shall be galvanized.
57
95
(3) Rod electrodes shall be not less than ^-inch in diameter idem
if of iron or steel or 3^-inch in diameter if of non-ferrous metal.
R.S.O. 1960, c. 241, s. 481, amended.
479. The grounding system shall be connected to the body ^j.®|||*^J?^|^
of the earth, on the surface, through the lowest resistance
earth-contact possible. R.S.O. 1960, c. 241, s. 482.
480. The earth-contact of the main grounding system and J^®^^^**'^^®
supplementary earth -contacts shall be provided with means to
facilitate measurement of earth-contact resistances. R.S.O.
1960, c. 241, s. 483.
WIRING METHODS
481. Conductors shall be suitable for the location, use and jQ^^®^jj^^j.g
voltage of the circuit and shall have sufficient current-carrying
capacity for the current they are required to carry. R.S.O.
1960, c. 241, s. 467 (1).
482. Portable conductors supplying mobile equipment Portable
operating at more than 300 volts shall conform with the Conductors
f ollowi ng speci fications :
1. The cable shall have a voltage rating not less than
50 per cent higher than the normal operating voltage
of the circuit.
2. Cable of standard rating for the normal operating
voltage may be used where the cable is supplied
through a circuit-breaker from a circuit where the
neutral point is grounded in such a manner as to,
(a) limit fault current; and
{b) limit the possible rise of fault potential on any
connected equipment to a maximum of 100
volts,
and where ground fault protection is provided.
3. All conductors including grounding conductors shall
be contained in one flexible, jacketed cable assembly.
4. Where the cable contains both the power circuit
and its remote control circuit, each circuit conductor
shall be insulated, as required by paragraphs 1 and 2,
for the highest potential employed in the cable,
except that, where sheathing, as in paragraph 10,
is provided, the control conductors need only be
insulated for their normal operating voltage. ,
57
96
5. The minimum size of the power conductors shall be
No. 12, A.W.G.
6. The cable shall contain as many grounding con-
ductors as power conductors and the grounding
conductors shall be located in the outer interstices
between the power conductors.
7. Remote control conductors contained in the cable
need not be considered power conductors in deter-
mining the number of grounding conductors.
8. The grounding conductors contained in the cable
shall be uninsulated and shall have a total conduc-
tance of not less than 60 per cent of the largest power
conductor.
9. The minimum size of each grounding conductor
shall be not less than No. 12, A.W.G.
10. Cables on circuits operating over 750 volts shall have
a grounded sheathing, consisting of tinned copper
wire mesh, or the equivalent, around each power con-
ductor, and this sheathing shall be, throughout the
length of the cable, in contact with the interstitial
grounding conductors.
11. Where connectors are used to attach cables to mobile
equipment, the cable shall be secured in such a
manner as to prevent mechanical damage.
12. Portable cable used to supply equipment in under-
ground workings shall have an outer jacket of a
material that will not support combustion and shall
be continuously identified as having such a jacket.
R.S.O. 1960, c. 241, s. 470, amended.
Guarding of 483. All exposed current-carrying parts of electrical equip-
ive par 8 j^g^^-^ such as bus-bars, conductors and terminals, operating
at over 150 volts, shall be,
(a) armoured;
(b) enclosed in a suitable raceway; or
(c) isolated by elevation or guarded. New.
A.c. circuits 434, All conductors of an A.C. circuit shall be contained
in raceways r-. y^ / x 7 j
in the same raceway. R.S.O. 1960, c. 241, s. 467 (3), amended.
57
97
485. Where conductors of different systems are installed ^^0^5^^^°^^''^^
in the same raceway or armouring, each conductor shall be systems
1 1 r 11-1 • r . 1 -1 1"^ raceways
msulated tor the highest potential employed or, in the case or
of a raceway, separated by a suitable barrier. New.
486. Conductors of different systems shall not be installed Jf°differS
in the same box, cabinet or auxiliary gutter unless effectively 1^^^®^^^,^^
separated by barriers. R.S.O. 1960, c. 241, s. 491, amended.
487. Identifying barriers shall be provided between circuits ^^^"^'"^
where more than one set of disconnecting switches are installed
adjacent to each other. R.S.O. 1960, c. 241, s. 494, amended.
488. Metal-covered, insulated conductors in conduit, [^°^p®°*^g^'^tug
where joined to transformers, motors, switchgear and other
apparatus, shall have their metal coverings secured to such
apparatus by clamps, locknuts or other devices to protect the
insulated conductors from mechanical injury. R.S.O. 1960,
c. 241, s. 469.
PROTECTION AND CONTROL
489. — (1) The type and rating of protective and control ^g^fjfg*,^/^
devices shall be suitable for their use. New. protective
and control
devices
(2) All protective and control devices installed outdoors i^^®"^
shall be of a design suitable for their location. R.S.O. 1960,
c. 241, s. 502, amended.
490.— (1) Each ungrounded conductor shall be protected JeTces"'"®''*'
by an overcurrent device at the point where it receives its''®'!"''"®^
supply of current and at each point where the size of the
conductor is decreased, except that such protection may be
omitted,
{a) where the branch circuit is not more than twenty -five
feet in length;
{h) where the protection for a larger conductor ade-
quately protects a smaller; and
(c) where the opening of the circuit may cause special
hazard by the interruption of service or removal of
protection. R.S.O. 1960, c. 241, s. 495 (1, 4),
amended.
(2) Such conductors shall also be protected against over- idem
current, and the rating or setting of the protective device
shall not exceed the allowable current-carrying capacity of
57
98
the circuit conductors except in the case of branch motor
circuits where the rating or setting of the device may be in-
creased sufficiently to take care of motor-starting currents.
Idem (3) Unless the opening of the device disconnects all circuit
conductors at the same time, no manually-operated or auto-
matically-operated disconnecting device shall be placed in a
neutral or grounded conductor. R.S.O. 1960, c. 241, s. 495
(2, 3).
Enclosure
of over-
current
devices
491. Overcurrent devices shall be enclosed in cut-out boxes
or cabinets unless they form a part of an approved assembly
that affords equivalent protection or unless mounted on
switchboards, panel-boards, or controllers located in rooms
or enclosures free from easily ignitable material and dampness,
and accessible only to authorized persons. R.S.O. 1960,
c. 241, s. 497, amended.
General 492. — (1) Suitable control devices shall be inserted in all
feeders and branch circuits. R.S.O. 1960, c. 241, s. 484 (1).
Idem (2) All control devices shall be readily and safely accessible
to authorized persons and shall be so located, labelled or
marked as to afford means of identifying circuits or equip-
ment supplied through them and shall indicate whether they
are open or closed. R.S.O. 1960, c. 241, s. 503 (1), amended.
Rating of 493. — (1) Control devices shall have ratings suitable for
devices the connected load of the circuits they control and, with the
exception of isolating switches, shall be capable of interrupting
such loads. R.S.O. 1960, c. 241, s. 486 (1), amended.
(2) Control devices shall be grouped where practicable.
Grouping
devi°cer°^ R.S.O. 1960, c. 241, s. 484 (3), amended.
Location of (3) All control devices shall be so arranged that the operat-
devices ing mechanisms are readily accessible to the operator, R.S.O.
1960, c. 241, s. 524.
Enclosure
of control
devices
494. — (1) Control devices, unless they are located or
guarded so as to render them inaccessible to unauthorized
persons and to prevent fire hazards, shall have all current-
carrying parts in enclosures of metal or other fire-resisting
material. R.S.O. 1960, c. 241, s. 490, amended.
Idem (2) Manually-operable control devices shall be so con-
structed that they may be switched to the "off" position
without exposing live parts.
57
99
(3) Manually-operable control devices shall clearly indicate idem
the "on" and "off" positions. R.S.O. 1960, c. 241, s. 487 (1),
amended.
495. Control devices shall, if practicable, be so connected ^jP""®°**°'^
that the blades or moving contacts will be dead when the control
Q6V1CGS
device is in the open position. R.S.O. 1960, c. 241, s. 485.
496. Control devices used in combination with overcurrent ^g°^j*^°^
devices or overload devices for the control of circuits or ahead of
ovGFCiirrGrit
apparatus shall be connected so that the overcurrent or devices
overload devices will be dead when the control device is in the
open position. R.S.O. 1960, c. 241, s. 489, amended.
497. — (1) Disconnecting means of the visible-break type^^*|^^^®
shall be installed on all circuits operating at over 300 volts requirement
to ground and shall be as near as practicable to the point of
supply. R.S.O. 1960, c. 241, s. 493 (2), amended.
(2) Unless a control device on circuits over 300 volts makes idem
a visible break, there shall be installed between the control
device and its point of supply a suitable disconnecting switch.
R.S.O. 1960, c. 241, s. 493 (1).
498. — (1) On each ungrounded utilization system over 300^^°^^"^
volts, at least one suitable device shall be installed and main- detector
, , , r . ,. . , r 1 requirement
tamed tor the purpose oi mdicatmg ground faults.
(2) Such device shall be provided with, iabth
(a) short-circuit protection; and
(b) disconnecting means.
(3) If the short-circuit device does not provide for visible- ^<i^^
break isolation, additional visible-break isolating means shall
be provided.
(4) When a ground fault is indicated, it shall be located and ^'^®'^
removed as soon as practicable. R.S.O. 1960, c. 241, s. 500,
amended.
499. Adequate illumination shall be provided to allow for ^^/"'^^"^"on
proper operation of electrical equipment. R.S.O. 1960, c. 241, equipment
c. 521, amended.
500. Where electrical equipment requires an attendant, j^j^^'jsency^
there shall be provided a separate emergency source of illumi-of .
,• f -11 1 1 equipment
nation trom an mdependent generator, storage battery or other
suitable source. R.S.O. 1960, c. 241, s. 522, amended.
57
100
INSTALLATION OF EQUIPMENT
^ace^"^ ^^^' Adequate clear working space with secure footing shall
be provided about all electrical equipment. R.S.O. 1960,
c. 241, s. 507, amended.
Transformers
General 502. Transformers shall be of a type and design suitable
for the location in which they are to be installed. R.S.O.
1960, c. 241, s. 531 (1).
required^*® 503, Each transformer shall be provided with a nameplate
for bearing the following markings:
tPQiiisi orm6i*s
1. Maker's name.
2. Rating in kva.
3. Rated full load temperature rise.
4. Primary and secondary voltage ratings.
5. Frequency in cycles per second.
6. Liquid capacity, if of the liquid-filled type.
7. Type of liquid to be used, if it is to be filled with an
approved liquid that will not burn in air. R.S.O.
1960, c. 241, s. 531 (2, 3), amended.
and^guard- ^^^- Transformers having a voltage rating in excess of
ing of 750 volts and all transformers having exposed terminals,
transformers . . . i i • •
mcludmg their conductors and control and protective devices,
shall be accessible only to authorized persons and, unless
isolated by elevation, they shall be surrounded by an en-
closure that, if of metal, shall be grounded, and suitable
warning signs indicating the highest potential employed
shall be conspicuously posted. R.S.O. 1960, c. 241, s. 532,
amended.
Special 505. — (1) Dry-core type transformers with Class A insula-
tion, if installed within a building not of fire-resisting construc-
tion, shall be in a fire-resisting enclosure.
Idem (2) Transformers containing an approved liquid that will
not burn in air and transformers of the dry-core type with
Class B or Class C insulation may be installed within or
attached to the wall of a building not of fire-resisting con-
struction, if they are surrounded by a suitable enclosure to
prevent mechanical injury and access by unauthorized persons.
R.S.O. 1960, c. 241, s. 533.
57
101
506. — (1) Oil-filled transformers installed outdoors shall oi^i^^|.^®^gj.g
be located not less than fifty feet distant from the shafthouse
or any combustible building attached thereto, and means
shall be provided to contain escaping oil or to direct the flow
away from such buildings.
(2) Oil-filled transformers shall not be mounted on or idem
above combustible roofs and, if attached to the exterior of a
building other than a transformer-house, shall be placed only
against non-combustible walls and away from all openings.
R.S.O. 1960, c. 241, s. 534 (1, 2).
(3) Transformer buildings containing oil-filled transform- 1<*^"^
ers, if not entirely of fire-resisting construction, shall be
located at least fifty feet distant from any other combustible
building. R.S.O. 1960, c. 241, s. 535, amended.
(4) Oil-filled transformers, if within a building other than^^®"^
a transformer-house, shall be in a vault. R.S.O. 1960, c. 241,
s. 534 (3), amended.
(5) Transformers having their cores immersed in a liquid i^®"^
that will not burn in air may be installed without a vault if,
(a) the transformer is protected from mechanical damage
either by location or guarding;
{h) a pressure relief vent is provided where the rating
exceeds 25 kva at 25 cycles or 373^ kva at 60 cycles;
and
(c) a means of absorbing gases generated by arcing inside
the case, or a pressure relief vent connected to out-
doors, is provided where the transformer is installed
in a poorly-ventilated section. New.
507. — (1) When primaries are above 750 volts, secondary instrument
circuits of current and potential transformers, unless other-
wise adequately protected from injury or contact with persons,
shall be in permanently-grounded conduit or armour. R.S.O.
1960, c. 241, s. 539, amended.
(2) Secondary circuits of current transformers shall be idem
provided with means for short-circuiting them that can be
readily connected while the primary is energized and that
are so arranged as to permit the removal of any instrument or
other device from the circuits without opening the circuits.
R.S.O. 1960, c. 241, s. 538.
508. Each transformer or each bank of transformers operat- overcurrent
1 II 1 • r. o /-i <n^ry protection
mg as a unit shall have overcurrent protection. R.S.O. 1960, for
rtA* r T7 J 7 transformers
c. 241, s. 537, amended.
57
102
^r°Jt*ctio^'^*^ ^^^" — ^^^ Control and protective devices, complying with
requirements one of the following, shall be installed for all power and
distribution transformers:
1. Circuit-breakers of adequate interrupting capacity
and rating.
2. Fuses of adequate rating and interrupting capacity
preceded by suitable group -operated visible-break
load-interrupting devices capable of making and
interrupting their full load rating and that may be
closed with safety to the operator with a fault on the
system.
3. Fuses of adequate rating and interrupting capacity
preceded by a group-operated visible-break air-break
switch capable of interrupting the magnetizing
current of the transformer installation and that
may be closed with safety to the operator with a
fault on the system and so interlocked with the
transformer secondary load interrupters as to prevent
its operation under load.
Idem (2) Where the transformer rating does not exceed 100 kva
per phase and the potential between phases does not exceed
7,200 volts, a single -pole disconnecting fuse of adequate
interrupting capacity may be used on the primary. R.S.O.
1960, c. 241, s. 536, amended.
Switchboards and Switchgear
General 510. Panels of switchboards shall be of incombustible
material and shall be substantially supported on a metal
framework. R.S.O. 1960s c. 241, s. 523.
Illumination 511. Adequate illumination shall be provided for reading
switchboards instruments and other operations. R.S.O. 1960, c. 241, s. 526.
8wi°tch°ear^ 512. Switchgear, if not of the dead-front or enclosed type,
and live parts on the rear of dead-front switchboards shall be
inaccessible to unauthorized persons. R.S.O. 1960, c. 241,
s. 528, amended.
Clearance 513. — (1) There shall be a space of not less than three feet
switchboard between equipment on the back of a fixed switchboard and
the nearest adjacent wall when such equipment is less than
seven feet from the floor.
i^l^ess^ ss (^) Ready means for ingress and egress to the space behind
the switchboard shall be provided.
57
103
(3) Doors or gates of suitable material may be provided Doors, etc.
at such points for guarding-purposes but they shall be capable
of being readily opened from the inside without the use of a
key or tool.
(4) The space behind the switchboard shall be kept clear f^^^e
of foreign material and shall not be used for storage purposes, '^^p* ^^^^^
R.S.O. 1960, c. 241, s. 525, amended.
Transmission Lines
514. All electrical supply lines and equipment shall be of^®'^^^^^
suitable design and construction for the service and the con-
ditions under which they are to be operated, and all lines shall
be so installed and maintained as to reduce the life hazard
as far as practicable. R.S.O. 1960, c. 241, s. 540.
515. Conductors and other current-carrying parts of supply ^^°J^*io"
lines shall be so arranged as to provide adequate clearance guarding
from the ground or other space generally accessible or shall be
provided with guards so as to isolate them effectively from
accidental contact of person. R.S.O. 1960, c. 241, s. 541.
516. Where conductors over 300 volts are attached to any ^"t^^^J^^^
building for entrance, they shall be isolated by elevation or
guarded. R.S.O. 1960, c. 241, s. 542, amended.
517. — (1) Supply lines carried over railways operated by^^l^'"^"^®
steam, electric or other motive power and on which standard railways
equipment, such as freight cars, is used shall have the style
of construction and the clearances overhead as called for in the
regulations of the Board of Transport Commissioners for
Canada.
(2) Supply lines crossing over railways on which standard ^^®"^
equipment is not used and lines crossing over roadways shall
have ample clearance for the operating conditions and shall
be substantially supported. R.S.O. 1960, c. 241, s. 543.
Storage batteries
518. Storage batteries shall be kept in inaccessible battery ^f°^|^^j.°"
rooms or enclosures used for no other purpose where, batteries
(a) the aggregate capacity at the eight-hour discharge
rate exceeds five kilowatt hours; and
(b) the batteries are in unsealed jars or tanks. R.S.O.
1960, c. 241, s. 570, amended.
57
104
Ventilation
of
battery
519. — (1) Storage battery rooms shall be thoroughly ven-
tilated.
Idem (2) Adequate means shall be provided for sufficient diffusion
and ventilation of the gases from the battery to prevent the
accumulation of an explosive mixture. R.S.O. 1960, c. 241,
s. 571, amended.
Lightning Arresters
Indoor 520. Where lightning arresters are installed in a building,
of lightning they shall be located well away from all equipment, other
than that which they protect, and from passageways and
combustible parts of buildings. R.S.O. 1960, c. 241, s. 556,
amended.
521. Lightning arresters installed for the protection of
Location
of lightning
arresters utilization equipment.
(a) may be installed either inside or outside the building
or enclosure containing the equipment to be pro-
tected; and
{b) shall be isolated by elevation or guarded.
1960, c. 241, s. 558, amended.
R.S.O.
Grounding 522. — (1) All non-current-carrying parts of lightning arres-
ters shall be grounded, unless effectively isolated by elevation
or guarded as required for live parts of the voltage of the
circuit to which the arrester is connected. R.S.O. 1960, c. 241,
s. 557.
Idem (2) Grounding conductors for lightning arresters on power
transmission systems shall be run as directly as possible
and be of low resistance and ample capacity. R.S.O. 1960,
c. 241, s. 560.
Idem
(3) In no case shall such grounding conductors be less
than No. 6 copper wire, nor shall such grounding conductors
pass through metal conduits unless electrically connected to
both ends of the conduits. R.S.O. 1960, c. 241, s. 561.
Control
required
Motors
523. — (1) All motors shall be provided with proper starting
equipment rated in horsepower and, for all motors up to
50 horsepower, except as provided for below, the motor and
its starting equipment shall be controlled by a motor-circuit
switch that will disconnect all ungrounded conductors of the
circuit, leaving the motor and entire starting equipment dead.
57
105
(2) An isolating switch or a general-use switch treated as an idem
isolating switch may be used for motors of more than 50 horse-
power. R.S.O. 1960, c. 241, s. 508.
524. — (1) For all motors up to 750 volts, the motor-circuit ^^*J,^^j.q1
switch shall have a horsepower rating not less than that of the
motor it controls.
(2) Where a general-use switch or an isolating switch is^*^®'"
used for motors of more than 50 horsepower, it shall have a
rating not less than 115 per cent of the current rating of the
motor as shown on the nameplate and a minimum rating of
200 amperes. R.S.O. 1960, c. 241, s. 509.
525. In all cases, the motor -circuit switch, general -use ^^^|>^^^®'
switch or isolating switch shall be of the visible-break type, requirement
R.S.O. 1960, c. 241, s. 510.
526. One motor-circuit switch may serve a group of motors ||^8j®j^^^^
if the motors drive several parts of a single machine or ap- l^e means
'^ ° for a group
paratus. R.S.O. 1960, c. 241, s. 511. ofmotors
527. Manually-operated motor starters of the compensator ^*^^j^®i"^
type, having both a starting and running position, shall be so different
designed that they cannot remain in the starting position, running
R.S.O. 1960, c. 241, s. 513. ^°''*'°''
528. Motors shall be disconnected from the source of supply yo^fage
in case of low voltage by one of the following means unless it ^gq^fred*"^
is evident that no hazard will be incurred through the lack of
such disconnection:
1. Where automatic re -starting is liable to create a
hazard, the motor control device shall provide low-
voltage protection.
2. Where it is necessary or desirable that a motor stop
on failure or reduction of voltage and automatically
re -start on return of voltage, the motor control
device shall provide low-voltage release. R.S.O.
1960, c. 241, s. 514, amended.
529. Each motor shall be suitably protected against con- Overload^
tinuous overload. R.S.O. 1960, c. 241, s. 515, amended. required
CRANES
530. — (1) Crane collector wires shall be isolated by eleva- Guarding
tion and, where necessary, guarded. New. fsoiation
57
106
Sg means*" (2) Suitable means that will disconnect, under load, all
ungrounded conductors of the circuit supplying a crane, as
defined in subsection 1 of section 401, shall be,
(a) provided within sight of the main contact conductors
or within sight of the equipment if there are no main
contact conductors; and
(b) accessible and operable from the ground or the floor
over which the equipment operates. R.S.O. 1960,
c. 241, s. 568, amended.
Switch
required
in cab
531. A circuit-breaker or switch, capable of interrupting
the circuit under heavy loads, shall be used unless the current
collector can be safely removed, under heavy loads, from the
crane collector wires. R.S.O. 1960, c. 241, s. 569, amended.
TROLLEY WIRES
^ndlso^ation ^^^' Trolley lines shall be isolated by elevation and, where
necessary, guarded. R.S.O. 1960, c. 241, s. 573, amended.
Require-
ments for
trolley lines
underground
533. In underground workings, trolley lines shall,
(a) be isolated by an elevation of not less than six feet;
(b) operate at a potential not exceeding 300 volts to
ground ;
(c) be effectively guarded. R.S.O. 1960, c. 241, s. 574,
amended.
LIGHTING
Maximum
operating
voltage
534. The operating voltage of a lighting circuit shall not
exceed 300 volts and the voltage to ground of a conductor
shall not exceed 150 volts, but this section does not appy in
the case of electric locomotives and cranes using direct current.
R.S.O. 1960, c. 241, s. 564.
i^entmcation ^^^* ^^^ neutral conductor on lighting circuits shall be
identified by a white braid covering or other equivalent means.
R.S.O. 1960, c. 241, s. 565.
hand^iamps ^^^- Portable lamps shall have their sockets enclosed in
suitably-insulated handles through which the conductors
shall be carried and shall have a protective cage that encloses
the lamp. R.S.O. 1960, c. 241, s. 563 (1), amended.
57
107
WIRING IN EXPLOSIVES STORAGES
537. All electrical wiring in explosives or blasting agents General
magazines, thaw houses, detonator or blasting cap storage
buildings, or cap and fuse houses, shall be installed in rigid
conduit with screwed water-tight joints or shall be armoured,
moisture-proof cable. R.S.O. 1960, c. 241, s. 544, amended.
538. All conduit, armour, fittings and fixtures shall be Grounding
permanently grounded. R.S.O. 1960, s. 241, s. 545.
539. The switches and fuses for lighting, heating or tele- J;f°°^^^°j.^j
phone circuits for explosives or blasting agents magazines, ^^^^
thaw houses, detonator or blasting cap storage buildings and
cap and fuse houses shall be in a fire-resisting cabinet located
outside the compartment in which explosives, blasting agents,
fuses or detonators, or blasting caps, are stored. R.S.O.
1960, c. 241, s. 546, amended.
540. Lighting fixtures shall be of an approved dust-tight Type of
type. R.S.O. 1960, c. 241, s. 548. fixture!
required
541. Lighting circuits shall be fused at not more than Fusing of
10 amperes. R.S.O. 1960, c. 241, s. 547. [Jfrcurtf
protection
542. Circuits supplying power to explosives or blasting Lightning
agents storage shall be protected against lightning surges. ^^'^ ^^ ^""^
New.
543. Where explosives or blasting agents magazines or cap Type of
and fuse houses are heated electrically, a closed, liquid system required
shall be used. R.S.O. 1960, c. 241, s. 549, amended.
544. The electric heater shall be installed outside the com- Location
partment in which the explosives or blasting agents are stored,
and the heater and radiators shall be grounded. R.S.O.
1960, c. 241, s. 550, amended.
545, Heater circuits shall be fused at not more than Fusing of
125 per cent of normal current. R.S.O. 1960, c. 241, s. 551. circuits
ELECTRIC BLASTING DEVICES
546. The firing device used for firing charges with elec- Construction
tricity from lighting or power cables shall be so arranged that,
(a) the switch mechanism will automatically return by
gravity to the open position;
57
108
(b) the live side of such device is installed in a fixed
locked box and shall be accessible only to the author-
ized blaster;
(c) provision is made that the leads to the face are
short-circuited when the contacts of the electric
blasting device are in the open position;
(d) the box in which the electric blasting device and the
short-circuiting device are mounted is provided with
a lock and the door is so arranged that it cannot be
closed or locked unless the contacts of the electric
blasting device are open and the short-circuiting
device is in place;
(e) where electricity from 550-volt circuits is used for
blasting, the device shall be electro-magnetically
operated, except as provided in section 254. R.S.O,
1960, c. 241, s. 553.
Precautions
re instal-
lation of
blasting
cables
547. When blasting cables or wires are installed in the
vicinity of power or lighting cables, proper precautions shall
be taken to prevent the blasting cables or wires coming in
contact with the lighting or power cables. R.S.O. 1960, c. 241 ,
s. 554.
Circuits
not to be
grounded
548. Circuits having a grounded conductor shall not be
used for blasting. R.S.O. 1960, c. 241, s. 555.
ELECTRIC HOISTS
General
Braking
549. Sections 550 to 575 apply to all electric hoists regard-
less of the method of operation. New.
550. — (1) For each electric hoist, protective devices shall
be provided, which, in conjunction with the mechanical
braking system, shall be capable of bringing a conveyance or
counterbalance safely to rest under all conditions of authorized
loading, direction of travel and speed without assistance from
the drive.
Idem
(2) Where supplementary electrical braking is employed,
at least the same degree of safety shall be supplied. R.S.O.
1960, c. 241, s. 575, part, amended.
Safety-
requirement
551. Except where otherwise specified, current-carrying
parts of any safety device shall be so designed, installed and
maintained that the failure of any such part will initiate emer-
gency braking action to bring the hoist safely to rest. R.S.O.
1960, c. 241, s. 575, part, amended.
57
109
552. Devices shall be installed in each hoisting compart- ^^g^^j^J^'^j,*^^
ment that, in the event of an overwound conveyance or overwind
II 1 11 1 11- II . protection
counterbalance, shall be operated directly by the conveyance
or counterbalance to initiate an emergency stop and bring
the conveyance or counterbalance to rest safely before it or its
rope attachments reach any obstruction to its free passage.
R.S.O. 1960, c. 241, s. 575, part, amended.
553. Devices shall be installed for each hoisting compart- R.^^IJ^j,^'^
ment that, in the event of an underwound conveyance or required
counterbalance, shall initiate an emergency stop and bring
the conveyance or counterbalance to rest safely before it or
its rope attachments reach any obstruction to its free passage,
except that, in the case of shaft sinking, inspection and
maintenance, the protection for an underwound conveyance
or counterbalance may be dispensed with. R.S.O. 1960,
c. 241, s. 575, part, amended.
554. Devices, driven from the operating drum or drums, ^^^rwind
shall be installed, where the hoist operates at a rope speed of underwind
r . 1-1 r requirements
750 teet per mmute or greater, that, m the event oi an over- for Wgh-
j I J .11 ., I speed hoists
wound or underwound conveyance or counterbalance, will
initiate an emergency stop and bring the conveyance or coun-
terbalance to rest safely before it or its rope attachments meet
any obstruction to its free passage, except that, in the case of
shaft sinking, inspection and maintenance, the protection for
an underwound conveyance or counterbalance may be dis-
pensed with. R.S.O. 1960, c. 241, s. 575, part, amended.
555. Each electric hoist shall have installed a device that^^®''^^®®^
will initiate an emergency stop and bring the conveyance or
counterbalance to rest safely should the rope speed exceed the
authorized maximum by a predetermined amount. R.S.O.
1960, c. 241, s. 575, part, amended.
556. Devices, driven from the operating drum or drums. Enforced
shall be installed where the hoist operates at a rope speed of
750 feet per minute or greater, that will enforce any neces-
sary reduction in speed as the conveyance approaches the
end of travel. R.S.O. 1960, c. 241, s. 575, part, amended.
557. No person shall alter the adjustment of any protective Adjustment^
device without proper authority. R.S.O. 1960, c. 241, s. 575, devices
part, amended.
558. — (l)JWhere ore or waste dumps, loading boxes or ^w^flf ®f ^^g®
spill-doors are installed in a shaft or winze at points other than
the upper and lower limits of normal travel of a conveyance
57
no
and where any part of such dump box or door interferes with
the free passage of a conveyance, there shall be installed,
(a) travel-limiting devices;
(b) travel-limiting devices as required by section 554,
where required;
(c) enforced slow-down devices as required by section
556, where applicable;
(d) positive locking devices for maintaining such ob-
structions out of the operating position in the shaft
or winze.
Idem
(2) The manager, or his agent, of a mine employing such
an intermediate obstruction shall provide a procedure to be
followed to ensure the safe operation of the installation.
Idem
(3) Before such an installation is made, plans and procedure
shall be submitted to the chief engineer for approval. R.S.O.
1960, c. 241, s. 575, part, amended.
requfred°'^ 559. Emergency braking action shall be initiated to bring
e?ectricai ^ Conveyance or counterbalance to rest safely before it or its
system rope attachments reach any obstruction to its free passage
in the event of,
Backout
Idem
{a) the failure of the power supply to the hoist electric
system ;
{b) an overload on the hoist-drive motors of a magnitude
and duration exceeding what would be considered
an operating overload ; or
(c) a short-circuit on the hoist electric system. R.S.O.
1960, c. 241, s. 576, amended.
560. — (1) Every electric hoist shall have installed a device
to enable a conveyance or counterbalance to be removed
from an overwound or underwound position.
(2) Every such device shall be manually operable only.
R.S.O. 1960, c. 241, s. 577, amended.
Emergency
switch
561. A manually-operable switch shall be installed for each
electric hoist within reach of the manual controls that will,
when operated, initiate emergency braking action to bring the
conveyance or counterbalance safely to rest. R.S.O. 1960,
c. 241, s. 579, amended.
57
Ill
562. An underwind by-pass switch may be installed, where underwind
necessary, that will allow the conveyance to be lowered switch*
through the underwind position if it is held in the closed
position by the hoistman and will return automatically to
the open position when not so held. R.S.O. 1960, c. 241,
s. 578.
563. Each electric hoist shall have installed, within plain Load meter
view of the manual controls, a meter that will indicate, at ^11'^®**"^'^®
times, the hoist motor load. R.S.O. 1960, c. 241, s. 580,
amended.
564. — (1) Where men are transported in skips or the skips Man-safety
of skip-cage assemblies, there shall be installed a device that
will prevent the conveyance, carrying the men, from entering
the dumping position.
(2) Except in shaft sinking, such device shall be so installed ^^f>^
that, when it is put into operation, a distinctive signal will
be given, automatically, to men about to enter the conveyance.
(3) Such device is not required on electric hoists where idem
men are hoisted for shaft inspection or maintenance operations
only.
(4) Such device shall be put into operation, either manually idem
or automatically, when men are transported.
(5) In those cases where the device is automatically put^dem
into operation by the hoistman's return of the 3-bell signal,
the circuit shall be so arranged that the failure of the relay
coils will not render the device inoperative. R.S.O. 1960,
c. 241, s. 581, amended.
565. Each electric hoist shall have installed a device Approach
whereby the hoistman is warned, audibly, that a conveyance signal
or counterbalance is about to enter the region where a reduc-
tion in speed is necessary for safe manual braking. R.S.O.
1960, c. 241, s. 582 (1), amended.
566. Sections 567 to 575 apply to all electric hoists that may Autoi^atic
be operated automatically. New.
567. — (1) Every electric hoist shall have installed, only in Selection of
the same location as the manual controls, a device for the automatic
change-over from manual to automatic control. control
(2) Such device shall be operated by authorized personneH'^®"^
only. New.
57
112
Level or
cage control
568. Where an electric hoist is designed to be operated from
control stations on the levels or from a control station on the
conveyance, any device used to effect the changeover of
control shall be operable only at the level at which a convey-
ance is stopped. New.
Operation
of level-
installed
controls
569. — (1) Devices installed on the levels for the purpose of
selecting the conveyance destination and for initiating hoist
motion shall be operable only when the conveyance is stopped
at that level, except where the installation has been approved
for call operation.
Idem
(2) There shall be a minimum delay of five seconds between
the operation of the level control device used to initiate hoist
motion and the actual motion when men are being handled.
i^iem (3) The level control device used to initiate hoist motion
shall be so located that it may be operated by someone in the
conveyance stopped at that level.
i*^®"^ (4) Devices installed on the levels for the purpose of
initiating hoist motion shall, except for jogging, be operable
only when the shaft gate at the level at which the conveyance
is stopped is in the closed position. New.
Operation
of cage-
installed
control
570. — (1) Devices installed in a conveyance for the purpose
of controlling hoist motion shall, except for jogging, be oper-
able only when the cage door is in the closed position.
'^^^^ (2) Where devices are installed in a conveyance for the
purpose of controlling hoist motion, one of the devices shall
be capable of initiating emergency braking action to bring the
conveyance safely to rest. New.
Friction
hoists
571.
New.
Sections 572 to 575 apply to all electric friction hoists.
Jammed
conveyance
device
572. Each electric friction hoist shall have installed a device
that will initiate emergency braking action to bring the drum
to rest in the event of the occurrence of slip between the
hoisting rope or ropes and the hoist drum, such as might occur
with a conveyance or counterbalance jammed in the shaft or
caught at the end of travel. New.
Synchro-
nizing
device
573. Where creep or slip may alter the effective position of
safety devices, a means of synchronizing the safety devices
with the position of the conveyance in the shaft shall be
provided. New.
57
113
574. If the electrical engineer deems it necessary, he may, Special
after consultation with the manager, conduct or require to be ^
conducted specific tests of the efficiency of all electric over-
wind and underwind devices, signalling and warning devices
and hoisting controls and equipment. R.S.O, 1960, c. 241,
s. 583.
575. — (1) The owner or manager of a mine where an electric Electrical
hoist is in use shall depute some competent person or persons Equipment
whose duty it is to examine at least once in each week the
hoist motor and control apparatus, electric safety devices and
hoisting signalling equipment.
(2) The report of such examination shall be recorded as idem
provided in subsection 3.
(3) The owner or manager shall keep or cause to be kept idem
at the mine for each hoist a book called the Electrical Hoisting
Equipment Record Book in which shall be recorded a report
of every such examination and a notation of any failure or
accident to such equipment and the action taken regarding
it, signed by the person making the examination.
(4) Such entries of the weekly examination shall be read idem
and signed every week by the person in charge of such equip-
ment or accessories thereto.
(5) A notation of the action taken regarding the report idem
of any failure or accident to any part of the electrical equip-
ment used in connection with the hoist or the signalling
equipment shall be made over the signature of the person in
charge of such equipment or accessories thereto.
(6) The Electrical Hoisting Equipment Record Book shall ^**®"^
be made available to the engineer at all times. R.S.O. 1960,
c. 241, s. 584.
UNDERGROUND INSTALLATIONS
576. The provisions of this Part that apply to surface General
installations apply equally to underground installations,
except sections 577 to 594, which apply only to underground
installations. R.S.O. 1960, c. 241, s. 585.
577. — (1) Where electrical energy is taken underground, Control of
..,,,, 1 rr underground
provision shall be made so that the current may be cut oft on feeders
the surface. R.S.O. 1960, c. 241, s. 588 (1).
(2) The control device shall be accessible to authorized ^*^®'"
persons only. R.S.O. 1960, c. 241, s. 588 (2), amended.
57
114
Wiring
methods
578. — (1) Conductors for all circuits not over 150 volts
to ground shall either be installed in standard conduits,
armoured or have non-flammable jackets and be adequately
supported. R.S.O. 1960, c. 241, s. 502 (1), amended.
Idem
(2) All fixed conductors transmitting power underground
at over 150 volts to ground shall be armoured or enclosed in
standard conduit and substantially supported. R.S.O. 1960,
c. 241, s. 502 (2).
Idem
(3) Open-type wiring shall not be used except in cases
of extreme emergency. R.S.O. 1960, c. 241, s. 502 (3),
amended.
Cable test
required
579. All new cables purchased for the transmission of
power underground at a potential in excess of 750 volts shall
be accompanied by the manufacturer's certified report of
insulation tests, a copy of which shall be filed with the chief
engineer. R.S.O. 1960, c. 241, s. 595.
Cable
rating
580, — (1) All cables transmitting power underground at a
potential exceeding 750 volts shall have a voltage rating of
50 per cent higher than the normal operating voltage. R.S.O.
1960, c. 241, s. 596 (1).
Idem
(2) Cable of standard rating for the normal operating
voltage may be used where the cable is supplied through a
circuit-breaker from a circuit where the neutral point is
grounded in such a manner as to,
(a) limit fault current; and
(6) limit the possible rise of fault potential on any
connected equipment to a maximum of 100 volts,
and where ground fault protection is provided. R.S.O. 1960,
c. 241, s. 596 (2), amended.
Requirements ^81. The armouring or casings of all cables shall be bonded
together so as to be electrically continuous and shall be con-
nected at some point or points to a satisfactory ground on
surface. R.S.O. 1960, c. 241, s. 593.
Adequate
grounding
for
equipment
582. Where the armouring or casings of cables do not
provide an adequate grounding system for underground elec-
trical equipment, a copper or other non-corrosive grounding
conductor of adequate size shall be run from such equipment
to a satisfactory ground on surface. R.S.O. 1960, c. 241,
s. 594.
57
115
583. Suitable terminating facilities shall be provided to Terminating
protect cables from harm due to moisture or mechanical
damage. R.S.O. 1960, c. 241, s. 597, amended.
584. Junction boxes on a cable transmitting power at a j^ Oj^°^f^*>j^ °^
potential exceeding 300 volts shall not be located in a shaft boxes
or winze or attached to any timbers at a shaft or winze station
or headframe. R.S.O. 1960, c. 241, s. 600.
585. Splices shall not be made in shaft or winze conductors Approval
Ol &0IIC6S
unless approved by the electrical engineer. R.S.O. 1960,
c. 241, s. 601, amended.
586. Adequate precautions shall be taken to prevent signal ^g°*ai°and °^
and telephone cables coming into contact with other electric *^®jP^°"®
systems. R.S.O. 1960, c. 241, s. 598, amended.
587. The operating voltage on signal systems shall not^f^^'^",^
exceed 150 volts to ground. R.S.O. 1960, c. 241, s. 589. tf^^]^
588. — (1) One conductor of the two-wire signal circuit ^''^unding
shall be grounded where the power supply is obtained from a system
transformer having a primary voltage in excess of 750 volts.
(2) The signal system may be operated with both con- idem
ductors ungrounded when the supply is from a transformer
having a primary voltage in excess of 750 volts, if an insulating
transformer having a 1-to-l ratio is installed between the
supply and the signal system. R.S.O. 1960, c. 241, s. 590.
589. Where an electrical hoisting-signal system is installed ^|^^^**®
at a shaft or winze, there shall be a suitable, separate, audible f"'' ®^°^
' . . conveyance
Signal system for the control of each hoistmg conveyance
operated from a single hoist and there shall be a sufficient
difference in the sounds of the signals to the hoistman that
they are easily distinguishable and it shall be so arranged
that the hoistman can return the signal to the person giving
the signal. R.S.O. 1960, c. 241, s. 591.
590. The type and location of transformers installed under- Jj^^^^
ground are subject to the approval of the electrical engineer, type and
r, c- i~x ^^^^ r. . ^ ^^^ location
R.S.O. 1960, c. 241, s. 602.
591. — (1) All transformers over 2 kva, unless insulated formers and
with non-flammable dielectric liquids or Class B or Class C rooms"'^'"®'^
insulation, when installed underground, shall be effectively
isolated from the mine workings by enclosure in rooms con-
structed of fire-resisting materials throughout and a door sill
of not less than six inches in height shall be provided.
57
116
^<*®"^ (2) No material or equipment of any kind, including air
lines, air ducts, water and steam lines, shall pass through or
terminate within the room, other than that essential to the
transformer installation for its proper operation and safety.
(3) The covers of the ventilation openings shall be held
open by thermal fuse links and shall close by gravity, and the
door shall be constructed for steel or other suitable material.
(4) No transformer station shall be located within 200 feet
of an explosives or blasting agents storage. R.S.O. 1960,
c. 241, s. 603.
prevention ^^^- — (^) ^^^ supports for elcctric motors, transformers,
underground control and protective equipment and other electric apparatus
and the compartments in which they are installed shall be of
such material and constructed in such a manner as to reduce
the fire hazard to a minimum. R.S.O. 1960, c. 241, s. 586 (1),
ametided.
Idem
Idem
Electric
heaters
^^^^ (2) No flammable material shall be stored or placed in the
same compartment with any such equipment or apparatus.
R.S.O. 1960, c. 241, s. 586 (2).
593. Where lamps or heating units are used underground,
they shall be so installed and protected as to prevent the
heat generated from becoming a fire hazard. R.S.O. 1960,
c. 241, s. 604, amended.
Fire- 594. — (1) Approved fire -extinguishing devices for use on
devices electrical fires shall be provided and maintained in condition
for immediate use.
Idem
(2) They shall be conveniently mounted at or in every
place containing electrical apparatus having flammable insu-
lation or parts that, once ignited, may support combustion.
R.S.O. 1960, c. 241, s. 587.
GENERAL
Wilful
damage to
property
Persons
under the
influence
of or
carrying
liquor
595. No person shall wilfully damage or, without proper
authority, remove or render useless any fencing, casing, lining,
guide, means of signalling, signal, cover, chain, flange, horn,
brake, indicator, ladder, platform, steam gauge, water gauge,
safety valve, electrical equipment, fire-fighting equipment,
first-aid equipment or other appliance or thing provided in a
mine in compliance with this Act. R.S.O. 1960, c. 241, s. 605.
596. No person under the influence of or carrying intoxi-
cating liquor shall enter a mine or be in the proximity of a
working place on the surface or near machinery in motion.
R.S.O. 1960, c. 241, s. 606.
57
117
597, Abstracts of the provisions of this Act, authorized ^''^^''^''t^
by the chief engineer, shall be posted up in suitable places posted
at the mine or works where they can be conveniently read,
and the owner or agent of the mine shall maintain such ab-
stracts duly posted, and the removal or destruction of any of
them is an offence against this Act. R.S.O. 1960, c. 241, s. 607.
598. The Minister may prescribe the charge to be made charges
for any record or log book required under this Part. R.S.O.
1960, c. 241, s. 608.
TESTING LABORATORIES
599. The Minister may, out of the moneys that are appro- Testing
priated for the purpose, establish, maintain and operate one ^ ° ^ °
or more laboratories for the purpose of testing or examining
hoisting ropes or other appliances used in or about a mine and,
by regulations made by the Lieutenant Governor in Council,
may provide for,
(a) the management and operation of such laboratory
or laboratories;
(b) the charges to be paid for services performed in such
laboratory or laboratories;
(c) such other purposes as the Lieutenant Governor in
Council deems proper. R.S.O. 1960, c. 241, s. 609.
PARTY WALLS
600. — (1) Subject to section 197 and except by agreement Boundary
Ot)6r3iLlOI!lS
under subsection 3, no mining operations shall be carried on
within a distance from the property boundary of a mine or
mining property of twice the width or thickness of the orebody
at the boundary, measured parallel to the boundary from
foot wall to hanging wall and normal to the dip, and in no
event shall mining operations be carried on within a distance
of twenty feet from the boundary measured from the perpen-
dicular to the boundary,
(a) except that, for the purposes of preliminary investi-
gation, development headings may be advanced to
twenty feet from the boundary; and
(6) except that exploratory diamond drilling may be
done.
(2) Subsection 1 does not apply to operations at sand,^°'Jj^,^j.jQjj
gravel or clay pits or open-cast rock quarries.
57
118
by^djohiing (^) Adjoining owners may, by agreement in writing signed
owners by them, carry on mining operations within the distances
from the property boundary mentioned in subsection 1.
Certified
copies to
Minister
(4) Two certified copies of every such agreement shall be
sent to the Minister and shall take effect upon written acknowl-
edgement of receipt of the agreement by the Minister. R.S.O.
1960, c. 241, s. 610.
Disagree-
ment on
boundary
operations
601. — (1) Where adjoining owners are unable to agree to
carry on mining operations within the distances from the
property boundary mentioned in subsection 1, application
may be made to the Minister by either owner requesting the
appointment of a committee to investigate in what manner
and within what distances from the boundary mining opera-
tions may be carried on.
Appoint-
ment of
committee
(2) Upon receipt of an application under subsection 1, the
Minister may appoint a committee of three disinterested
persons, one of whom shall be designated chairman, who are
competent to investigate mining conditions at the boundary.
Duty of
committee
(3) The committee so appointed shall hear representations
from the adjoining owners and conduct such investigation of
mining conditions on the adjoining mining properties as may
be necessary at a time or times named by the Minister.
Report of
committee
(4) Upon completion of their investigation, the committee
shall forthwith submit a report in writing to the Minister with
recommendations concerning terms and conditions of mining
operations at the boundary.
Order of
Minister
(5) Upon receipt of the report of the committee, the
Minister may issue an order establishing the terms and con-
ditions to be observed in mining operations at the boundary
and shall fix the costs of the committee to the adjoining
owners. R.S.O. 1960, c. 241, s. 611.
Suspected
breach or
trespass of
party wall
602. — (1) Where the owner of a mine or mining property
has reason to believe that a breach has been made in or a
trespass has been committed with respect to the party wall
between his mine or mining property and an adjoining mine
or mining property, application may be made to the Minister
by the owner for the appointment of a committee to examine
the party wall and enter the adjoining mines or mining prop-
erties with an assistant or assistants and use where necessary
the workings and appliances thereof.
Appoint-
ment of
committee
(2) Upon receipt of an application under subsection 1, the
Minister may appoint a committee of three disinterested
persons, one of whom shall be designated chairman, who are
57
119
competent to conduct such examination of the party wall as
may be necessary.
(3) The committee so appointed shall conduct such exami-Dutyof
^. i- , It 1 • committee
nation oi the party wall as may be necessary at a time or
times named by the Minister.
(4) Upon completion of the examination, the committee Report of
,,,,,., , . r • n y ■ • • committee
shall forthwith submit a report of its hndings in writing to
the Minister.
(5) Upon receipt of the report of the committee, the Costs
Minister shall fix the costs of the committee to one or both
owners.
(6) Where a breach has been made in a party wall of a mine Breach of
by the owner of an adjoining mine, or by his employees or
agents, without the permission in writing of the owner of the
first-mentioned mine or without authority under this Act, the
Minister may make an order directing the offending owner
to close the breach permanently or to carry out such measures
as the Minister deems necessary to prevent water from flowing
into the mine of the owner complaining of the breach.
(7) Where work has been discontinued in the mine of the^^^ii^ter
offending owner or where expedient for any other reason, the authorize
Minister may authorize the owner complaining of the breach,
his employees or agents, to enter the mine and works of the
offending owner to erect bulkheads and carry out such meas-
ures as the Minister deems necessary to protect from damage
the mine of the owner complaining of the breach and his
employees and agents from danger from accumulations of
water in the mine of the offending owner. R.S.O. 1960, c. 241,
s. 612.
603. For good cause shown and upon such terms as seem Minister
just, the Minister may vary or rescind an order made under rescind order
section 601 or 602. R.S.O. 1960, c. 241, s. 613.
BRINE WELLS
604. — (1) In this section, interpre-
tation
(a) "brine well" means a hole or opening in the ground
for use in brining;
(6) "brining" means the extraction of salt in solution by
any method.
57
120
Permit to
bore or
drill a
brine well
(2) No person shall drill or bore a brine well except under
the authority of a permit in writing issued by the Minister
upon application therefor in the prescribed form.
Permits
not issued
(3) A permit shall not be issued,
(a) to authorize a person to drill or bore a brine well on
property in which he does not own, hold or lease, or
is not otherwise entitled to, the mining rights; or
(b) where the proposed brine well is nearer the boundary
of such property than 500 feet.
Location of
brine well
(4) The chief engineer may reduce or extend the distance
referred to in clause b of subsection 3 where in his opinion it
is advisable to do so and shall notify the applicant of any such
reduction or extension within thirty days from the date upon
which the application for the permit is filed.
Condition
of permit
(5) A permit is subject to the condition that the brine well
in respect of which it is issued is bored or drilled in the location
described in the permit.
Time for
issuance
of permit
(6) A permit shall be issued or refused within thirty days
from the date on which the application therefor is filed, except
that, where notice has been given by the chief engineer under
subsection 4, the permit shall be issued upon the receipt by
the Minister of the applicant's consent thereto.
Log of
drilling
operations
(7) Where a person drills or bores a brine well, he shall
forward a log of the drilling or boring in the prescribed form
in duplicate to the chief engineer within thirty days of the
completion of the drilling or boring operations, and, upon his
request in writing, the log shall be confidential for a period of
six months.
oTwater"'^ (8) A person boring or drilling a brine well shall take such
horizons reasonable measures as are necessary to control the infiltration
of water from one horizon to any other horizon that may be
penetrated during the drilling or boring operations.
of de^posit^ (^) ^1^ brine wells shall be cased and equipped so as to
reasonably ensure against the uncontrolled fiow of oil, natural
gas, brine or water.
standard
of casing
and equip-
ment
(10) Casing and equipment shall be in good condition and
of a thickness and strength adequate to withstand any fluid
pressure to which they might normally be subjected.
57
121
(11) Where practicable, all brine wells shall be plugged Pi^g«i^Sg°f
by the person operating them, before being abandoned, in a^eiis
manner that will,
(a) reasonably ensure that salt horizons and potential
oil or natural gas producing horizons are protected;
and
(b) retain water and brine in their original formations.
(12) Before commencing to plug a brine well, the person ^^.^^0^^*^°^
proposing to carry out the plugging operations shall report plugging
the particulars thereof to the chief engineer in the prescribed
form.
(13) Where a person plugs a brine well, he shall forward piug^g'ing^
a record of the plugging in the prescribed form in duplicate op®'^^*i°'^^
to the chief engineer within thirty days of the completion of
the plugging operations. R.S.O. 1960, c. 241, s. 614.
NOTICE OF NON-FATAL ACCIDENTS
605. Where, in or about a mine, metallurgical works, ^°-^Q®nt^
quarry, or a sand, clay or gravel pit, an accident occurs that
causes fracture or dislocation of any bones of the body, or
any other injury that in the opinion of the attending physician
may result in the injured person being incapacitated for work
for at least five days, to a person employed therein, the
owner, agent, manager or superintendent shall within three
days of the accident send notice in writing to the engineer
resident in that part of Ontario in which the mine, works,
quarry or pit is situate on the form prescribed for such purpose.
R.S.O. 1960, c. 241, s. 615.
NOTICE OF SPECIAL OCCURRENCES
606. — (1) Where in or about a mine, ^^®"^
(a) an accident involving the hoist, sheaves, hoisting
rope, shaft or winze conveyance, or shaft or winze
timbering;
(b) an explosion or fire involving an air compressor, air
receiver or compressed air line;
(c) an inrush of water from old workings or otherwise;
(d) a failure of an underground dam or bulkhead, as
defined by subsection 1 of section 202;
57
122
(e) an outbreak of fire below ground or an outbreak of
fire above ground if it endangers any structure of
the mine plant;
(/) a premature or unexpected explosion or ignition of
explosives or blasting agents;
(g) an asphyxiation effecting a partial or total loss of
physical control;
(A) a flammable gas in the mine workings; or
(i) an unexpected and non-controlled extensive sub-
sidence or caving of mine workings,
occurs, whether or not loss of life or personal injury is caused
thereby, the owner, agent, manager or superintendent of the
mine shall, within the twenty-four hours next after the occur-
rence, send notice in writing in duplicate to the district engi-
neer resident in that part of Ontario in which the mine is
situate and shall furnish, upon request, such particulars in
respect thereof as the engineer requires.
Notice of
occurrence
of fire and
need of
rescue
equipment
(2) Where in or about a mine an outbreak of fire occurs
that endangers the health or safety of one or more persons
and the services of the mine rescue stations are required, the
owner, agent, manager or superintendent shall immediately
notify the rescue station superintendent and the district
engineer resident in that part of Ontario in which the mine
is situate.
Rockburst (3) Where a rockburst occurs, whether or not loss of life
or personal injury is caused thereby, and its location is
determined as being within the workings of a mine, the
owner, agent, manager or superintendent of the mine shall,
within the twenty -four hours next after the location of the
burst has been determined, send notice in writing to the
district engineer resident in that part of Ontario in which
the mine is situate and shall furnish, upon request, such par-
ticulars with respect thereto as the engineer requires.
Record of
rockbursts
(4) A record of the occurrence of all rockbursts at a mine
shall be kept, showing, as far as possible, the time, location,
extent of the burst, any injury to persons and any other
information pertaining to the burst, and such record shall be
available to the engineer at all times. R.S.O. 1960, c. 241,
s. 616.
57
123
OTHER NOTICES AND INFORMATION
607. — (1) The owner or agent shall give or cause the written
.,,**. **. . . notico by
manager or superintendent oi a mine to give written notice owner or
to the chief engineer and to the district engineer resident in^^®'^
that part of Ontario in which the mine is situate,
(a) of the intended installation of a mine hoisting plant,
power plant or treatment plant under the jurisdiction
of the Department and the name and address of
the person in charge of the operation at least fourteen
days prior to the commencement of work on such
installation, and the notice shall also give the lot,
concession and township or claim numbers on which
operations are to commence and the specifications
and layout of the plant;
(b) of the connection or reconnection of any mining
electrical equipment with a source of electrical
energy controlled by any other person at least
fourteen days prior to the connection or reconnection ;
(c) of the commencement or resumption, after an inter-
ruption of one month or more, of mining operations
within fourteen days after the commencement or
resumption; and
(d) of the closing down of the mine and that,
(i) the requirements of subsection 1 of section 168
as to the fencing of the top of the shaft,
entrances from the surface, pits and openings,
(ii) the requirements of section 225 as to the
disposal of explosives and blasting agents,
(iii) the requirements of section 374 as to the
abandonment of a shaft compartment for
hoisting purposes and as to the removal and
disposition of hoisting ropes,
(iv) the requirements of section 456 as to the
disconnection of the supply station from the
power source and notification of same to the
chief engineer, and
(v) the requirements of subsections 7 and 8 of
section 609 as to the filing of plans and
sections,
have been complied with within fourteen days of
the closing down.
57
124
Information
for engineer
(2) The owner, manager or superintendent of a mine shall
furnish to the engineer resident in that part of Ontario in
which the mine is situate all information that the engineer
requires for the purposes of his returns. R.S.O. 1960, c. 241,
s. 617.
STATISTICAL RETURNS
returns^^^ 608. — (1) For the purpose of their tabulation under the
instructions of the Minister, the owner or agent of every
mine, quarry or other works to which this Act applies shall,
on or before the 31st day of March in every year, send to the
Department on the forms supplied a correct return for the
year that ended on the 31st day of December next preceding,
showing the number of persons ordinarily employed below
and above ground respectively, the total amount of wages
paid during the year, the quantity in standard weight of the
minerals dressed and of the undressed mineral that has
been sold, treated or used during such year, and the value
or estimated value thereof, and such other particulars as the
Minister by regulation prescribes.
quarter]^ °^ (2) The owner or agent of every metalliferous mine shall,
returns if required, make a similar return for the month or quarter
at the end of each month or quarter of the calendar year.
Offence
(3) Every owner or agent of a mine, quarry or other works
who fails to comply with this section, or makes a return
that is to his knowledge false in any particular, is guilty of
an offence against this Act. R.S.O. 1960, c. 241, s. 618.
MINE PLANS
Plans to
be kept
609. — (1) At every mine, the owner or manager shall
cause the following plans on a scale acceptable to the chief
engineer to be kept up to a date not more than six months
last past:
1. A surface plan showing the boundaries of the prop-
erty, all lakes, streams, roads, railways, electric
power transmission lines, main pipe lines, buildings,
shaft openings, adits, open surface workings, dia-
mond-drill holes, outcroppings of rock, and dumps
and tailing-disposal sites.
2. Underground plans of each level and section showing
all underground workings, including shafts and
tunnels, diamond-drill holes, dams and bulkheads,
and each level plan shall be shown on a separate
drawing.
57
125
3. Vertical mine sections at suitable intervals and at
suitable azimuths, showing all shafts, tunnels, drifts,
stopes and other mine workings in relation to the
surface, including the location of the top of the bed-
rock, surface of the overburden and the bottom and
surface of any known watercourse or body of water,
and each section shall be shown on a separate
drawing.
4. Adequate ventilation plans, showing the direction
and volume of the main air currents, the location of
permanent fans, ventilation doors and stoppings, and
connections with adjacent mines.
(2) The owner or manager of every mine in which electricity idem
is used underground shall keep or cause to be kept up to a
date not more than six months last past an adequate plan or
diagram showing on a suitable scale the following information:
1. The position of all fixed electrical apparatus in the
mine.
2. The routes of all fixed power feeders and fixed
branch feeders properly noted and referenced.
3. The rating of all electrical feeder control apparatus
and equipment.
(3) Such plans or diagrams shall be available to the engineer idem
at all times and copies of the plans or diagrams shall be
furnished him upon request.
(4) On any examination or inspection of a mine, the owner, Marking
, 1 11 T -1 1 1 subsequent
manager or supermtendent shall, it required, produce to the progress
engineer or other person authorized by the Minister or the'*'^^^'^
Deputy Minister all plans and sections of the workings re-
ferred to in subsections 1, 2 and 3.
(5) The owner, manager or superintendent shall, if required ^'^^^
by the engineer or other person authorized by the Minister
or Deputy Minister, cause to be marked on such plans and
sections the progress of the mine up to the time of the exami-
nation or inspection, and shall furnish him with a copy or
tracing thereof.
(6) Certified copies of the plans required by paragraph 2 of wm-king
subsection 1 and mine sections showing all shafts as required ^'a^IJ*'
by paragraph 3 of subsection 1 shall be made and filed in the
Department on or before the 31st day of March in each year,
showing the workings of the mine up to and including the
31st day of December next preceding.
57
126
Plans to
be filed
before
abandon-
ment
(7) Before a mine or a part of a mine is abandoned, closed
down or otherwise rendered inaccessible, all underground
plans and sections referred to in paragraphs 2 and 3 of sub-
section 1 shall be brought up to date and a certified copy filed
in the Department.
Idem
(8) Before work at a mine ceases, the surface plan referred
to in paragraph 1 of subsection 1 showing all openings to
underground workings shall be brought up to date and a
certified copy filed in the Department.
Responsi-
bility of
owner
(9) The owner of every mine, quarry or other works to
which this section applies is responsible for compliance with
the provisions thereof, and every owner or other person who
fails to comply with any of the provisions of this section,
or who produces to an engineer or other authorized person,
or files or causes to be produced or filed, a plan that to his
knowledge is false in any particular is guilty of an offence
against this Act.
Plans to be
treated as
confidential
(10) Every such plan shall be treated as confidential infor-
mation for the use of the officers of the Department and shall
not be exhibited, nor shall any information contained therein
be imparted to any person except with the written permission
of the owner or agent of the mine. R.S.O. 1960, c. 241, s. 619.
Powers of
engineer
POWERS AND DUTIES OF ENGINEERS
610. — (1) It is the duty of the engineer and he has power,
(a) to make such examination and inquiry as he deems
necessary to ascertain whether this Act is complied
with, and to give notice to the owner or agent in
writing of any particulars in which he considers the
mine or any part thereof, or any matter, thing or
practice, to be dangerous or defective or contrary to
this Act, and to require the same to be remedied
within the time named in the notice;
(b) to enter, inspect and examine any mine or any part
thereof at any reasonable time by day or night,
but so as not to unnecessarily impede or obstruct
the working of the mine ;
(c) to order the immediate cessation of work in and
the departure of all persons from any mine or part
thereof that he considers unsafe, or to allow persons
to continue to work therein on such precautions
being taken as he deems necessary ; and
57
127
(d) to exercise such other powers as he deems necessary
for ensuring the health and safety of miners and all
other persons employed in or about mines, smelters,
and metallurgical and mining works.
(2) It is the duty of the engineer to make a report of every Reports of
examination and inquiry made in the course of his duty during
the year to the Minister, the Deputy Minister or the chief
engineer, as required by the circumstances, immediately upon
the completion of the examination or inquiry. R.S.O. 1960,
c. 241, s. 620.
611. — (1) The Minister may direct an engineer to make^P^°^^^
a special report with respect to any accident in or about a
mine that has caused the loss of life or injury to any person,
or with respect to any condition in or about a mine.
(2) In conducting the inquiry, the engineer has power to Engineer
compel the attendance of witnesses and the production of evidence
books, documents and things, and to take evidence upon oath.
R.S.O. 1960, c. 241, s. 621.
612. — (1) Non-compliance with a written order of the ^*''^®'^^®
engineer issued in accordance with section 610 shall be deemed
an ofifence against this Part.
(2) Failure to give written notice of the completion of any idem
work in accordance with a written order of the engineer
issued under section 610 shall be deemed an offence against
this Part. R.S.O. 1960, c. 241, s. 622.
Part X
REFINERY PROVISIONS
613. In this Part, "refinery" means apparatus or equip- J^*j®'"P'"®-
ment that may be used for the refining, retorting, smelting,
assaying or treating by any other method of any ore, mineral
or substance for the purpose of recovering or determining the
quantity of gold, platinum, silver or any other precious metal
therefrom or therein. R.S.O. 1960, c. 241, s. 623.
614. No person shall own, operate, use or have a refinery Refinery
in his possession, under his control or upon any property of
which he is the owner, licensee, lessee or tenant unless a
refinery licence has been granted in respect of such refinery,
except that no refinery licence shall be required in respect of a
refinery for which a certificate of exemption has been issued.
R.S.O. 1960, c. 241, s. 624.
57
128
i^^^fsTer^L 615.-(1) The Minister may,
to refinery
licences ^^^ issue and renew refinery licences and certificates of
exemption ;
(b) refuse to issue or renew a refinery licence or certificate
of exemption, or suspend, cancel or revoke a refinery
licence or certificate of exemption for any reason that
he deems sufficient in the public interest;
(c) prescribe the forms of refinery licences, certificates
of exemption, applications therefor and renewals
thereof; and
(d) prescribe the fee payable upon the issue and renewal
of refinery licences and certificates of exemption.
Term^of (2) Every refinery licence and certificate of exemption
certificate expires on the 31st day of March next following the issue
exemp on ^j^gj-g^f ^^^^^ every renewal of a refinery licence or certificate
of exemption expires on the 31st day of March next following
the expiration of the refinery licence or certificate of exemption
or the last renewal thereof. R.S.O. 1960, c. 241, s. 625.
Certificate
of exemption
Use of
refinery
Offence
616. — (1) A certificate of exemption may be issued in
respect of a refinery where the Minister is satisfied that the
refinery is not maintained or used for the refining, retorting,
smelting, assaying or treating of any ore, mineral or substance
for the purpose of recovering or determining the quantity of
gold, platinum, silver or any other precious metal therefrom or
therein or is used only for educational purposes.
(2) No person who owns or has in his possession, under
his control or upon any property of which he is the owner,
licensee, lessee or tenant a refinery in respect of which a certifi-
cate of exemption has been issued shall permit the refinery
to be operated or used nor shall he or any other person operate
or use the refinery for the refining, retorting, smelting, assay-
ing or treating of any ore, mineral or substance for the purpose
of recovering or determining the quantity of gold, platinum,
silver or any other precious metal therefrom or therein. R.S.O.
1960, c. 241, s. 626.
617. Every person who contravenes any of the provisions
of this Part is guilty of an offence and is liable to a fine of not
less than $10 and not more than $500 or to imprisonment for
a term of not more than one year, or to both fine and imprison-
ment. R.S.O. 1960, c. 241, s. 627.
^^pp^cation 618. This Part applies notwithstanding that the owner
or operator of a refinery is the holder of a licence issued under
any Act. R.S.O. 1960, c. 241, s. 628.
57
129
619. The Minister may appoint any person to conduct an Commission
inquiry into any charge or complaint that a person has contra- ° ^ ^"^ ^
vened any of the provisions of this Part, or into any matter
or thing connected with or arising out of the operation of this
Part, and such person has the same power to enforce the
attendance of witnesses and to compel them to give evi-
dence and produce documents and things as is vested in any
court in civil cases. R.S.O. 1960, c. 241, s. 629.
Part XI
OFFENCES, PENALTIES AND PROSECUTIONS
620. — (1) Every person who. Offences
(a) prospects, occupies or works any Crown lands or
mining rights for minerals otherwise than in accord-
ance with this Act;
(b) performs or causes to be performed on any Crown
lands, or on any lands where the mining rights are
in the Crown, any boring by diamond or other core
drill for the purpose of locating valuable mineral in
place, except where such Crown lands or mining
rights have been staked out and recorded as a mining
claim in accordance with this Act;
(c) wilfully defaces, alters, removes or disturbs any post,
stake, picket, boundary line, figure, writing or other
mark lawfully placed, standing or made under this
Act;
(d) wilfully pulls down, injures or defaces any rules or
notices posted up by the owner or agent of a mine;
(e) wilfully obstructs the Commissioner or any officer
appointed under this Act in the execution of his duty;
(/) being the owner or agent of a mine, refuses or neglects
to furnish to the Commissioner or to any person
appointed by him or to any officer appointed under
this Act the means necessary for making an entry,
inspection, examination or inquiry in relation to a
mine under this Act, other than Part IX;
(g) unlawfully marks or stakes out in whole or in part a
mining claim, a placer mining claim, or an area for
a boring permit;
57
130
(h) wilfully acts in contravention of this Act, other than
Part IX or Part X, in any particular not hereinbefore
set forth ;
(i) wilfully contravenes any provision of this Act or any
regulation for the contravention of which no other
penalty is provided;
(j) wilfully makes any material change in the wording
or numbering of a miner's licence after its issue; or
(k) attempts to do any of the acts mentioned in the
foregoing clauses,
is guilty of an offence against this Act and is liable to a fine of
not more than $20 for every day upon which the offence
occurs or continues.
False
statements
(2) Every person who knowingly makes a false statement
in an application, certificate, report, statement or other docu-
ment filed or made as required by or under this Act or the
regulations is guilty of an ofTence and is liable to a fine of $500
or to imprisonment for a term of not more than six months,
or to both. R.S.O. 1960, c. 241, s. 630.
Smelters 621. — (1) No person shall construct or cause to be con-
structed a plant for the smelting, roasting, refining or other
treatment of ores or minerals that may result in the escape
or release into the open air of sulphur, arsenic or other fumes
in quantities that may injure trees or other vegetation unless
and until the site of the plant has been approved by the
Lieutenant Governor in Council.
Offence
(2) Every person who constructs or causes to be constructed
a plant for the smelting, roasting, refining or other treatment
of ores or minerals, without the approval of the Lieutenant
Governor in Council, and sulphur, arsenic or other fumes
escape or are released therefrom into the open air and injure
trees or other vegetation is guilty of an offence and is liable
to a fine of not more than $1,000 for every day upon which
such fumes escape or are released therefrom into the open air.
R.S.O. 1960, c. 241, s. 631.
Disobeying
order or
award of
Commis-
sioner
622. Every person who wilfully neglects or refuses to obey
any order or award of the Commissioner, except for the pay-
ment of money, is, in addition to any other liability, liable to
a fine of not more than $250 and, upon conviction thereof, is
liable to imprisonment for a term of not more than six months
unless the fine and costs are sooner paid. R.S.O. 1960, c. 241,
s. 632.
57
131
623. — (1) No person who, Use of word
^ ^ ^ "Bureau"
prohibited
(a) carries on the business of mining or dealing in mines,
mining claims, mining lands, or mining rights, or the
shares, stocks, or bonds of a mining company; or
(b) acts as broker or agent in or for the disposal of
mines, mining claims, mining lands, or mining rights,
or of any such shares, stocks or bonds; or
(c) offers or undertakes to examine or report on a mine,
mining claim, mining land or mining rights,
shall use the word "Bureau" as the name or title or part of
the name or title under which he acts or carries on business.
(2) Every person who contravenes any of the provisions of o^®"°®
this section is guilty of an offence and is liable to a fine of not
more than $20 for every day upon which the offence occurs
or continues. R.S.O. 1960, c. 241, s. 633.
624. — (1) An owner, agent or other person who contra- Penalty
venes any provision of Part IX is guilty of an offence and is against
liable to a fine of not more than $1,000.
(2) Where the Deputy Minister or an engineer has given Additional
■' ^- ^ ^ , penalty for
written notice to an owner or agent or a person engaged or continuing
employed in or about a mine that an offence has been com-*' ^^'^^
mitted against Part IX, such owner or agent or other person
is liable to a further fine of not more than $100 for every day
upon which the offence continues after such notice.
(3) An owner, agent or other person is, upon conviction, imprison-
«•«« •• jt f men I;
hable to imprisonment for a term of not more than three
months unless the fine and costs are sooner paid,
(4) Where the offence is one that might have endangered Ji^n^of"'
the safety of those employed in or about the mine or caused agfinit'^
serious personal injury or a dangerous accident, and was com-?^^*j.i^^j^
mitted wilfully by the personal act, default or negligence of cases
the accused, every person who is guilty of an offence against
Part IX is, in addition to or in substitution for any fine that
may be imposed, liable to imprisonment with or without hard
labour for a term of not more than three months. R.S.O. 1960,
c. 241, s. 634.
625. — (1) No prosecution shall be instituted for an offence ^"^tituting
tV T-ir T-. ^r t • t • prosecutions
against rart IX or Part X or any regulation made in pursuance 'or offences
thereof except,
(a) by an engineer;
57
132
(b) bydirectionof the county or district Crown attorney;
or
(c) by the leave in writing of the Attorney General,
or for an offence against any other provision of this Act or
of any regulation made in pursuance thereof except,
(d) by or by leave of the Commissioner or a recorder;
(e) by direction of the county or district Crown attorney ;
or
(/) by leave of the Attorney General.
When person (2) No person not being the actual offender is liable in
offender not respect of such offence, if he proves that he did not participate
® in the contravention of the provision for a breach of which
he is charged and that he was not to blame for the breach
and that according to his position and authority he took all
reasonable means in his power to prevent the breach and to
secure compliance with the provisions of Part IX or Part X.
Onus of (3) The burden of proving that the provisions of sections
173 to 594 have been suspended is upon the person charged
with a contravention thereof and any such suspension may be
proved by the evidence or certificate of an engineer. R.S.O.
1960, c. 241, s. 635.
Procedure on 626. Except as to offences against section 14, every prose-
prosecutions . r ^ rr '^r^i rlj.
cution for an offence agamst or for the recovery of a penalty
imposed by or under the authority of this Act shall take place
before a magistrate or two justices of the peace having juris-
diction in the county or district in which the offence was com-
mitted or before the Commissioner, and, save as herein other-
R.s.o. I960, wise provided, The Summary Convictions Act applies to every
such prosecution. R.S.O. 1960, c. 241, s. 636.
R.S.O. I960, 2. Subsection 7 of section 654 of The Mining Act is amended
0.241,8.654, . ii M • 1 , • 1 1- 1 • • • 1-
subs. 7, by strikmg out use m the third Ime and msertmg m lieu
amended
thereof "user", so that the subsection shall read as follows:
i^ase^tV^ (7) The patent or lease of such mines, minerals and
^ubiic\r V 1 mining rights shall contain a proviso protecting the
road for public travel and preventing any user of the
granted rights that would interfere with public
travel unless a road in lieu thereof has been provided
and accepted by the municipal corporation having
control of the road.
Short title 3, This Act may be cited as The Mining Amendment Act,
1961-62.
57
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BILL 57
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Mining Act
Mr. Wardrope
{Reprinted as amended by the Committee on Mining)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
This Bill contains a revision of:
Part IX — Operation of Mines
Part X — Refinery Provisions
Part XI — Offences, Penalties and Prosecutions
The purpose of the revision is to bring these Parts into line with
modern mining practices.
57
BILL 57 1961-62
An Act to amend The Mining Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Parts IX, X and XI of The Mining Act are repealed ^140- i960,
and the following substituted therefor: pts. ix.
(BS. 161-626),
re-enacted ;
13. T.^ TV (ss. 627-636),
Part IX repealed
OPERATION OF MINES
161. — (1) In this Part, interpre-
tation
(a) "authorized" means properly authorized to perform
any specified duty or to do any specified act;
{b) "engineer" means a member of the Association of
Professional Engineers of the Province of Ontario
who is designated by the Department as the "chief"
or as a "district", "electrical" or "mechanical"
engineer of mines for Ontario; "^P8
(c) "manager" means the person responsible for the
control, management and direction of a mine or
a part of a mine or works;
{d) "qualified" means properly qualified to perform any
specified duty or to do any specified act;
{e) "rescue station superintendent" means a person in
charge of a mine rescue station.
(2) Subject to the requirements of this Act and except asResponsi-
otherwise provided in this Act, responsibility for the author- quaifflcatlona
ization and decisions as to the qualifications of employees
rests with the employer or his agent. R.S.O. 1960, c. 241,
s. 161.
57
Employ-
ment,
of children
EMPLOYMENT IN AND ABOUT MINES
162. — (1) No male person under the age of sixteen years
shall be employed in or about a mine, and no male person
under the age of eighteen years shall be employed under-
ground in a mine or at the working face of an open-cut work-
ings, pit or quarry.
of females
(2) No female person shall be employed at a mine except
on surface in a technical, clerical or domestic capacity or
such other capacity that requires the exercise of normal
feminine skill or dexterity but does not involve strenuous
physical effort. R.S.O. 1960, c. 241, s. 162.
MINE RESCUE STATIONS
me*nt^'*^^* 163. — (1) Mine rescue stations shall be established, equip-
ped, operated and maintained at such places and in such
manner as the Minister directs.
Mine rescue
ofiBcers
(2) The Lieutenant Governor in Council may appoint such
mine rescue ofificers as he deems advisable.
Duty of
mine rescue
o£Qcers
(3) The equipment and operation of mine rescue stations
shall be in the charge of mine rescue olificers, and it is the
duty of such officers to teach and train mine rescue crews
and supervisors in the use and maintenance of the apparatus
in such manner as the chief engineer directs, to maintain
the apparatus in efficient and workable condition so as to be
available for immediate use, and to perform such other duties
as the chief engineer deems necessary.
Training'of (4) The owner, agent or manager of a mine shall cause
rescue crews , , i • i • t • i j
such workmen and supervisors to be trained in the use and
maintenance of mine rescue equipment as the district engineer
deems necessary.
Responsi- (5) The mine manager is responsible for the supervision
mine rescue and direction of mine rescue crews in all mine rescue and
opera ions j-gcovery Operations conducted at the mine.
Cost
(6) The cost of establishing, maintaining and operating
mine rescue stations shall be paid out of the Consolidated
Revenue Fund.
Idem
(7) The Workmen's Compensation Board shall at the end
of each quarter year reimburse the Consolidated Revenue
Fund from moneys assessed and levied by the Board against
employers in the mining industry for the total amount certified
by the Deputy Minister to have been paid out under sub-
section 6.
57
(8) All moneys received from the sale or disposal of any Disposal of
, ., ,. , . f . , , equipment,
equipment, buildings or machinery forming part of or apper- etc
taining to mine rescue stations shall be paid to the Workmen's
Compensation Board and shall be placed to the credit of the
class funds of the employers in the mining industry. R.S.O.
1960, c. 241, s. 163.
HOURS OF LABOUR UNDERGROUND
164.— (1) In this section, Interpre-
^ ' tation
(a) "shift" means a body of workmen whose hours for
beginning and terminating work in the mine are the
same or approximately the same;
(b) "workman" means a person employed underground
in a mine who is not the owner or agent or an official
of the mine,
and, where any question or dispute arises as to the meaning
or application of clause b of subsection 2 or as to the meaning
of "shift", "workman", or "underground", the certificate of
the engineer is conclusive.
(2) No workman shall remain or be allowed to remain Hours of
underground in a mine for more than eight hours in any underground
consecutive twenty-four hours, which eight hours shall be
reckoned from the time he arrives at his place of work in
the mine until the time he leaves such place, except that,
(a) a shift or any part of a shift may remain or be allowed
to remain underground in a mine for more than
eight hours in any consecutive twenty-four hours
on one day of a week for the purpose of avoiding
work on Sunday or on a holiday or changing shift;
(b) such limit does not apply to a foreman, pumpman,
cage tender, or any person engaged solely in survey-
ing or measuring, nor does it apply in cases of
emergency where life or property is in imminent
danger, nor does it apply in cases of repair work.
(3) No person shall operate or be permitted to operate. Hours of
either on the surface or underground, a hoist, by means of of hoist
which persons or material are hoisted, lowered or handled
in a shaft or winze, for more than eight hours in any consecu-
tive twenty-four hours, except,
(a) that, in the event of one of the regular hoistmen being
absent from duty through sickness or otherwise and
57
where no competent substitute is available, the re-
maining hoistman or hoistmen may work extra time
not exceeding four hours each in any consecutive
twenty-four hours for a period not exceeding fourteen
days;
(b) that, in the case where the work at a mine or in a shaft
or winze at a mine is not carried out continuously
on three shifts per day, the hoistman may work such
extra time as is necessary for hoisting or lowering
the workmen employed on the shift at the beginning
and end of each shift;
(c) in the cases provided for in clauses a and b of sub-
section 2.
^fsection°" ^'^^ This section applies to all parts of Ontario without
county organization, and applies to the other parts of Ontario
on a day to be named by the Lieutenant Governor by his
proclamation. R.S.O. 1960, c. 241, s. 164.
QUALIFICATIONS OF HOISTMEN
Age limit
of hoistmen
165. — (1) No person under the age of twenty-one years
and no person who has not had adequate experience on a
reversing hoist shall be allowed to have charge of a hoist
at a shaft or winze in which men are handled at a mine.
Idem
(2) No person under the age of eighteen years shall be
allowed to have charge of a hoist at a mine.
Hoistman
to be
holder of
medical
certificate
(3) No person shall operate or be permitted to operate a
hoist at a shaft or winze in which men are handled at a mine,
or for any other purpose designated by an engineer, unless
the person has been examined by a legally qualified medical
practitioner acceptable to the employer and the medical prac-
titioner has issued to the person on the form prescribed a
hoistman's medical certificate to the effect that to the best
of the practitioner's knowledge the person is not subject to
any infirmity, mental or physical (particularly with regard to
sight, hearing and heart), to such a degree as to interfere with
the efhcient discharge of his duties.
Expiry of
certificate
(4) Such certificate lapses and shall be deemed to have
expired at the end of one year from its date.
Filing of
certificate
(5) Such certificate shall be kept on file by the employer
and made available to an engineer at his request.
57
(6) A record of all hoistmen's medical certificates pertaining: Posting
. . . . r o j.QQQj-(i of
to hoistmen operating in any one hoistroom shall be kept certificates
posted therein, showing the names of the hoistmen and the
date of the last certificate issued to each. R.S.O. 1960, c. 241,
s. 165.
(7) This section does not apply to the operation of hoists Automatic
when on automatic control. New. exempted
166. Where a contravention of section 162, 164 or 165 ^^°°e®'^^'^^^
takes place, the owner or agent of the mine, or both of them.P®''^?^^ .
, . . .... ' , , employed
may be proceeded agamst, jomtiy or separately, and may be contrary
convicted of such offence, but neither the owner nor the
agent shall be so convicted if he proves that the ofifence was
committed without his knowledge or consent, and that he
had caused notices of the said sections to be posted up, and
to be kept posted up, at some conspicuous place at or near
the entrance to the mining work. R.S.O. 1960, c. 241, s. 166.
MEDICAL EXAMINATIONS
167. — (1) In this section, interpre-
tation
(a) "applicant" means a person who is not the holder
of a certificate in good standing who is seeking em-
ployment in a dust exposure occupation;
(b) "certificate" means an initial certificate, an extended
certificate, an endorsed certificate, a miner's certifi-
cate or a renewed certificate;
(c) "dust exposure occupation" means,
(i) employment underground in a mine,
(ii) employment at the surface of a mine, other
than at a pit or quarry, in ore or rock crushing
operations where the ore or rock is not crushed
in water or a chemical solution,
(iii) employment at other locations, as designated
by the chief engineer, at the surface of a mine
or in a pit or quarry;
(d) "endorsed certificate" means an initial certificate or
extended certificate that has been endorsed under
clause b of subsection 7;
(e) "extended certificate" means an initial certificate
that has been extended under clause a of sub-
section 7;
57
(/) "initial certificate" means a certificate issued to an
applicant under subsection 6;
R.S.O. I960,
C. 437
(g) "medical officer" means a medical officer appointed
under The Workmen' s Compensation Act to carry out
the provisions of this Act with regard to the exami-
nation of employees or applicants for employment;
(h) "miner's certificate" means a certificate issued under
subsection 8;
(i) "renewed certificate" means a miner's certificate
that has been renewed under subsection 9. R.S.O.
1960, c. 241, s. 167 (1), amended.
Employment (2) No person shall be employed in a dust exposure occu-
exposure pation unless he is the holder of a certificate in good standing.
occupation
Term of
certificate
(3) Subject to subsection 4, every certificate remains in
force for not more than twelve months, except that a medical
officer may at any time recall the holder of a certificate for
examination within the scope of the existing certificate and
may extend, endorse, renew or cancel the certificate in accord-
ance with his finding upon the examination.
Examination (4) In those parts of Ontario where the examinations under
by travelling ^ ' . , <-. , i , ,,• i- i
medical subsections 6 to 9 are conducted by a travelling medical
officer, no certificate shall be deemed to have expired because
of the failure of the medical officer to conduct an examination
prior to the date of expiration of a certificate, and the holder
of a certificate that would otherwise have expired shall present
himself before a medical officer for re-examination at the
first opportunity available after the date upon which his
certificate would have so expired.
Expiration
of
certificate
(5) Where a certificate of a person employed in the mining
industry has expired because of the failure of its holder to
present himself to a medical officer for examination, a medical
officer may extend, endorse or renew the certificate or issue
a miner's certificate, as the circumstances of the case require,
if he is satisfied that the failure was caused by the inability of
the holder to so present himself because of illness or other
circumstances beyond his control.
b^for'^"^*^"'^ (6) Every applicant shall be examined by a medical officer
employment before commencing employment, and, if the medical officer
finds upon examination that the applicant is free from disease
of the respiratory organs and otherwise fit for employment
in a dust exposure occupation, he shall issue to the applicant
an initial certificate.
57
(7) The holder of an initial certificate shall, prior to its initial
• • • c©rtific3.t6
expiration, present himself to a medical officer for re-examina- holder, re-
tion, and, if the medical officer finds upon examination ^h^t®^^'^^"^*^'*"
the holder is free from disease of the respiratory organs and
otherwise fit for employment in a dust exposure occupation,
he shall,
(a) in the case of a holder who since the issuance of his
initial certificate has completed less than eleven
months employment in a dust exposure occupation,
extend the certificate for such period as he deems
necessary to permit the holder to complete twelve
months employment in a dust exposure occupation,
and he may from time to time extend the certificate
for the same purpose; and
(b) in the case of a holder of an initial certificate who
since the issuance of his initial certificate has com-
pleted eleven months or more employment in a dust
exposure occupation, endorse the certificate.
(8) The holder of an endorsed certificate who since the issue of
endorsation of his initial certificate has completed eleven certificate
months or more employment in a dust exposure occupation
shall, prior to its expiration, present himself to a medical
officer for examination, and, if the medical officer finds upon
examination that the holder is free from tuberculosis of the
respiratory organs, he shall issue him a miner's certificate.
(9) The holder of a miner's certificate shall, prior to its Miner's
expiration, present himself to a medical officer for re-examina- holder, re-
tion, and, if the medical officer finds upon examination that the
holder is free from tuberculosis of the respiratory organs, he
shall renew the certificate, which may be further renewed
from year to year upon the passing of a similar examination.
(10) The holder of a certificate who for any reason is out ^Jl^^j.^^^^®^
of employment in a dust exposure occupation may apply to certificate
a medical officer for the extension, endorsement or renewal
of his certificate or for the issuance of a miner's certificate,
as the case may be, and, upon presentation of the holder's
certificate, the medical officer shall conduct the required
examination and effect such extension, endorsement, renewal
or issuance as is warranted by his findings upon the examina-
tion.
(11) Where the holder of an initial or extended certificate /j^P^'j^f^^f
has been out of employment in the mining industry for a extended
period exceeding one year and during such period has failed,
through neglect on his part, to have his certificate extended
57
8
or endorsed, such certificate is void and its holder is eUgible
for re-employment in a dust exposure occupation in the
capacity of an applicant only.
endorsed^or (^-^^ Where the holder of an endorsed certificate or miner's
miner's certificate has been out of employment in the mining industry
for a period exceeding two years and during such period has
failed, through neglect on his part, to obtain a miner's certifi-
cate or to have a miner's certificate renewed, his certificate is
void and the holder thereof is eligible for re-employment in a
dust exposure occupation in the capacity of an applicant only.
en?phfyment (^^) Where the holder of a certificate has been out of
exceeds ^^^ employment in the mining industry for a period exceeding
three years, he is eligible for re-employment in a dust ex-
posure occupation in the capacity of an applicant only.
^"tm'^^t"^ (14) The manager or superintendent of the mine at which
the holder of a certificate is employed may require the certifi-
cate to be delivered to and left in the custody of the manager
or superintendent during the period of the holder's employ-
ment at the mine, but the certificate shall be returned to the
holder upon the termination of his employment at the mine.
Exemption
Idem
(15) The chief engineer may exempt from subsections 2 to
14 any mine or any person employed thereat where, in his
opinion, the mine does not contain silica in quantity likely
to produce silicosis or where for any other reason he is of the
opinion that such subsections should not apply.
(16) Subsections 2 to 14 do not apply to a person usually
employed in a dust exposure occupation for less than fifty
hours in each calendar month.
Regulations (^jy) 'pj^g Lieutenant Governor in Council may make regu-
lations,
(a) prescribing the nature of the examination to be
made by a medical officer under subsections 6 to 11;
(b) prescribing the forms of certificates and extensions,
endorsements and renewals thereof;
(c) generally for the better carrying out of this section.
R.S.O. 1960, c. 241, s. 167 (2-17).
Fencing
PROTECTION OF UNUSED WORKINGS
168. — (1) Where a mine has been abandoned or the work
in it has been discontinued, its owner or lessee or any other
person interested in the mineral of the mine shall cause the
57
top of the shaft and all entrances from the surface, as well as
all other pits and openings dangerous by reason of their depth
or other conditions, to be and to be kept securely fenced or
otherwise protected against inadvertent access to the satis-
faction of the engineer, except where in his opinion the mine
or workings present no greater hazard than the natural topo-
graphic features of the district.
(2) Every such person who, after notice in writing from Failure to
the engineer, fails to comply with his directions as to such after notk
fencing or protection within the time specified in the notice is
guilty of an offence against this Act.
(3) Where the engineer finds that any such fencing or when
protection is required in order to avoid danger to health or may erect
property, he may cause the work to be done and may pay the
costs incurred out of any moneys provided for the purposes
of this Act, and the amount of such costs with interest thereon
is a lien upon the mine or mining work of which notice in
such form as the Minister prescribes may be registered in the
proper registry or land titles office, and no further transfer
or other dealings with the mine or mining work shall take place
until such amount is paid.
(4) The amount of such costs with interest thereon is due Recovery
from the owner or lessee to the Crown and is recoverable of work
at the suit of the engineer in any court of competent juris-
diction.
(5) Notwithstanding subsections 3 and 4, the Minister, ^^^^^^rKe
.,., ... ' of fencing
either without payment or on such terms and conditions as liens
he deems proper, may cause a cessation of charge to be regis-
tered in the proper registry or land titles office, and thereupon
the lien registered under subsection 3 is void and of no effect.
R.S.O. 1960, c. 241, s. 168.
PROCEDURE, FATAL ACCIDENTS
169. — (1) Where a fatal accident occurs in or in connection Coroner
with a mine, an inquest shall be held. inquest
(2) The manager or other person in charge of a mine Duty of
I . . . 1-1 ri-, manager
wnerem or in connection wherewith a tatal accident occurs
shall forthwith notify a coroner having jurisdiction in the
place where the accident occurred.
(3) A coroner who is in any way in the employment of the ^i^^^'^i'^'^y
. . . ^ •' of coroner
owner or lessee of a mine wherein or in connection wherewith
a fatal accident occurs is ineligible to act as coroner in con-
nection with such accident.
57
10
Supervising
Coroner
may direct
(4) Where a fatal accident occurs in or in connection with
a mine at a place that is more readily accessible to a coroner
not having jurisdiction in such place than to any eligible
coroner having jurisdiction thereat, the Supervising Coroner
for Ontario may direct such coroner to issue his warrant and
conduct an inquest, and the direction is such coroner's
authority therefor.
Right of
engineer
re inquest
(5) The engineer and any person authorized to act on his
behalf are entitled to be present and to examine or cross-
examine any witness at an inquest held concerning a death
caused by an accident at a mine, and, if the engineer or some-
one on his behalf is not present, the coroner shall, before pro-
ceeding with the evidence, adjourn the inquest and give the
Deputy Minister not less than four days notice of the time
and place at which the evidence is to be taken.
Notice of
fatal
accidents
Scene to be
undisturbed
(6) Where in or about a mine, metallurgical works, quarry,
or sand, clay or gravel pit, an accident occurs that causes
loss of life to a person employed thereat, the owner, agent,
manager or superintendent thereof shall immediately notify
the engineer resident in that part of Ontario in which the
accident occurred and the chief engineer by telephone or
telegraph.
(7) Subject to subsection 8, no person shall, except for the
purpose of saving life or relieving human suffering, interfere
with, destroy, carry away or alter the position of any wreck-
age, article or thing at the scene of or connected with the
accident until the engineer has completed an investigation of
the circumstances surrounding the accident.
Permission
to alter
scene
(8) Where it is impossible for the engineer to make an
immediate investigation of an accident, the chief engineer or
engineer may permit the wreckage, article and things at
the scene of or connected with the accident to be moved
to such extent as is necessary to permit the work of the mine,
metallurgical works, quarry, or sand, clay or gravel pit, to be
proceeded with, if photographs or drawings showing details
of the scene of the accident have been made prior to the
moving. R.S.O. 1960, c. 241, s. 169.
Suspension
of provision
RESPONSIBILITY AS TO PROVISIONS
170. — (1) Where the owner, agent or manager of a mine,
by an application in writing stating the reasons therefor,
requests the engineer to suspend the requirements of sec-
tions 173 to 594 as to such mine, the chief engineer may in
writing direct that the requirements of any such provision
do not apply to such mine, or may in writing direct that any
57
11
such provision does not apply so long as such limitations and
conditions as he sees fit to impose are observed or complied
with.
(2) The chief engineer may at any time cancel any order Cancellation
made under subsection 1 or make such alterations therein suspension
as he deems proper in view of any change in the conditions
under which the order was made or upon it appearing to
him that such change is advisable for any other reason.
(3) The manager of a mine may make rules not incon- Manager
sistent with any provision of this Part or any special direction nates "^^
made by an engineer as herein provided for the maintenance
of order and discipline and the prevention of accidents in the
mine, and may submit any rule so made to the chief engineer
who shall lay the rules before the Minister for his approval,
and, upon such approval being given, the rules take effect
after they have been posted up in a conspicuous place at
the mine for at least fourteen days, but the Minister may
disallow any of such rules or direct such changes to be made
in them as he deems proper.
(4) Every such rule, after approval and when and so long Offence
as it is posted up and is legible, has the same force and effect
as the provisions of this Act, and any person who contravenes
any such rule is liable to the penalty provided for a breach of
the provisions of this Act. ,
(5) The owner of a working mine or works shall appoint ^j^?p°^|'^q
a manager who is responsible for the control, management carrying
and direction of the mine or works.
(6) Except as to any provisions that the chief engineer has idem
directed are not applicable thereto,
(a) the manager of the mine shall take all necessary
and reasonable measures to enforce the provisions of
this Part and to ensure that they are observed by
every employee of the mine, and every foreman, shift
boss, mine captain and department head shall take all
necessary and reasonable measures to enforce the
requirements of all such provisions as are applicable
to the work over which he has supervision and to
ensure that they are observed by the workmen under
his charge and direction ;
(b) every workman shall take all necessary and reason-
able measures to carry out his duties in accordance
with such provisions as are applicable to the work in
which he is engaged; and
57
12
(c) every person through whose neglect or wrongful
act a contravention occurs shall be deemed to have
incurred the penalties provided for a breach of the
provisions of this Part.
Idem
(7) The manager of a working property shall appoint one
or more suitable persons who are responsible, during the
manager's absence, for taking all necessary and reasonable
measures to enforce the requirements of subsection 6.
^iv'^facmties (^) ^^^ owner or agent shall provide the manager of a
to manager mine or works with the necessary means and shall afford him
to comply r •!• r 1 • • 1 1 • T-»
every laciiity tor complymg with this rart.
ty
contractors
and sub-
contractors
(9) Where work in or about a mine is let to a contractor
or sub-contractor, he shall comply and enforce compliance
with all the provisions of this Part pertaining to the work
over which he has control and is, in any case of non-compliance
therewith, guilty of an offence and punishable in like manner
as if he were the owner or agent. R.S.O. 1960, c. 241, s. 170.
Require-
ments
REQUIREMENTS
171. Subject to section 170, sections 173 to 594 shall be
observed and carried out at every mine. R.S.O. 1960, c. 241,
s. 171.
Interpre-
tation
172. In sections 173 to 594,
(a) "blasting agent" means a type of explosive of low
sensitivity that cannot, as mixed and packaged for
use, be detonated by a single No. 8 detonator, and,
unless specified, the requirements for explosives do
not apply to a blasting agent;
(b) "charge" means explosives or a blasting agent that
may be exploded by a single detonator or a detonator
and primer;
(c) "drum hoist" means the type of hoist that spools
the rope on the hoist drum ;
(d) "explosives" includes detonators and those powders
that are cap sensitive with a single detonator as
packaged for use, and includes black blasting
powder ;
(e) "fire-resisting", when applied to buildings, structures
or parts thereof, means constructed of steel, masonry,
reinforced concrete or other equivalent material or
any combination of such materials;
57
13
(/) "friction hoist" means the type of hoist where the
rope is driven by the friction between it and the
drum tread and where the rope is not spooled on the
hoist drum but passes over or around it;
(g) "shot" means the sound of a charge or charges being
exploded,
and the decision of an engineer as to whether or not a situation
complies with a requirement therein in which "suitable",
"adequate", "approved", or any expression of like import, is
used and as to the meaning and application of any such ex-
pression is final and conclusive, and a certificate of any such
decision signed by the engineer may be used as evidence in
any court. R.S.O. 1960, c. 241, s. 172, amended.
173. — (1) It is the duty of every manager, superintendent. Duty as to
mine foreman, shift boss, hoistman, deckman, cagetender ofrequire-
or skiptender, and every person in charge of workmen, or'"®'^*^
who handles explosives, or who operates, installs or has to do
with maintenance of any machinery or electrical apparatus
in or about a mine, to know the requirements of this Part
that apply to the work in which he is engaged.
(2) Every person employed as a foreman, meaning thereby ^o^®™^"'
one who is exclusively engaged in supervising the work of of English
other men, shall be able to give and to receive and understand
orders in the English language.
(3) Every person in charge as a deckman, cagetender, other
skiptender or hoistman shall have a knowledge of the English knowledge
language adequate for enabling him to carry out his duties fanguage
in a thoroughly safe manner. R.S.O. 1960, c. 241, s. 173.
Fire Protection
174. — (1) General procedure to be followed both on surface procedure
and underground in case of fire underground or in a mine
plant building that may endanger the mine entrance shall
be drawn up, and all persons concerned shall be informed and
kept informed of their duties.
(2) Copies of the procedure or suitable excerpts shall be Posting
kept posted in the shafthouse and other prominent places.
(3) Procedures for fighting fire in surface plant buildings idem
at a mine shall be drawn up and suitable signs pertaining to
and excerpts from the procedures shall be kept posted in
prominent places.
57
14
Tests
(4) Tests of the effectiveness of such procedure shall be
made at least once a year and a report of the effectiveness of
the test shall be made available to the engineer. R.S.O.
1960, c. 241, s. 174.
stench
warning
Idem
175. — (1) Every mine worked from shafts or adits pro-
ducing over 100 tons of ore per day and such other mines as
are designated by the engineer shall be equipped with an
approved apparatus for the introduction into the mine work-
ings of ethyl mercaptan or other warning gas or material
approved by the chief engineer, and such apparatus shall be
available at all times in a suitable location and kept ready
for instant use for the purpose of warning workmen under-
ground of any emergency necessitating a speedy evacuation of
the workings.
(2) A test of the effectiveness of the procedure set out in
subsection 1 of section 174 shall be made at least once a year.
R.S.O. 1960, c. 241, s. 175.
Flammable
refuse
Idem
Idem
Unused
timber
Certificate
as to
flammable
refuse
Storage of
oil and
grease
176. — (1) No flammable refuse shall be allowed to accumu-
late underground but shall be removed from the workings at
least once a week and brought to the surface and there dis-
posed of in a suitable manner.
(2) Flammable refuse shall not be allowed to accumulate
in or about a headframe, shafthouse, portalhouse or any
other plant building.
(3) Suitable metal containers for the temporary disposal
of flammable refuse, such as scrap paper, oily waste, rags
and other similar materials, shall be provided at all shaft
stations, underground shops, lunch rooms and buildings or
enclosures necessary for the housing of machinery or equip-
ment or stores, and such containers shall be regularly emptied
and the material accumulated brought to the surface and
disposed of in a suitable manner.
(4) All timber not in use in a mine shall as soon as prac-
ticable be taken from the mine and shall not be piled up and
permitted to decay therein.
(5) Every shift boss or mine captain shall certify in writing
to the mine manager at least once a week that there is no
accumulation of flammable refuse underground in the area
under his supervision except as reported by him.
(6) Oil, grease or other flammable material shall not be
stored in a shafthouse or portalhouse, but it is permissible,
if adequate precautions are taken, to have in the shafthouse
or portalhouse, for distribution only, an amount not exceeding
the requirements for one day's operation.
57
15
(7) Volatile, flammable liquids shall not be stored in a volatile,
shafthouse or portalhouse and such material shall be trans- liquids
ported underground only in approved types of metal con-
tainers.
(8) Oil, grease or volatile flammable liquid while under- on and
ground shall be contained in suitable receptacles, and theunder-
amount of oil or grease so kept underground shall not exceed ^''^"'^
the requirements for seven days and the amount of volatile
flammable liquid kept underground shall not exceed the re-
quirements for the current day's work. R.S.O. 1960, c. 241,
s. 176.
177. No person shall build, set or maintain a fire under- Building
ground for any purpose unless he has proper authority and prohibited
suitable instructions for so doing, and only after the necessary
fire-fighting equipment has been provided. R.S.O. 1960,
c. 241, s. 177.
178. Where open-flame lights are used at a mine not [fjlf^'^"''^"^®
equipped with a headframe and shafthouse or portalhouse P'"®°*'^*io^3
constructed of fire-resisting materials, the interior of the
shafthouse or portalhouse shall be tightly sheeted with metal
or a suitable fire-resisting material to a height of eight feet.
R.S.O. 1960, c. 241, s. 178.
179. All underground shops, lunch rooms and buildings or Underground
enclosures necessary for the housing of machinery and equip-
ment and stores and the furnishings of such shall be so located,
constructed and maintained as to reduce the fire hazard to a
minimum. R.S.O. 1960, c. 241, s. 179.
180. — (1) If the engineer is of the opinion that a fire hazard hazard
may be created at a mine by smoking, or by the use of open- ^^eas
flame lamps, matches, or other means of producing heat or
fire, he may designate the mine or part or parts of the mine as
a fire hazard area.
(2) No person shall smoke or be allowed to smoke, use idem
open-flame lamps, matches or other means of producing heat
or fire in such areas except with the permission in writing of
the engineer and under such conditions as he deems proper.
(3) Such fire hazard areas shall be properly identified byi^em
suitable warning signs.
(4) The owner or manager shall cause such signs to be in- idem
stalled and maintained as long as the area is so designated.
R.S.O. 1960, c. 241, s. 180.
57
16
When
flammable
gas en-
countered
in mine
181. When a flammable gas in dangerous concentrations
has been found to exist in a mine working, such working or the
parts of such working concerned shall immediately be con-
sidered a fire hazard area, and every precaution shall be
taken while clearing the area or doing any work therein to
prevent ignition of the gas and these precautions shall be
continued as long as the hazard exists. R.S.O. 1960, c. 241,
s. 181.
fqutpmen?^ 182.— (1) Suitable fire-fighting equipment shall be pro-
vided and maintained in or about every headframe, shaft-
house, portalhouse and every other plant building and at every
shaft or winze station underground.
Idem
(2) Suitable fire-fighting equipment shall be provided and
maintained at all underground crushers, pump stations,
tipples and underground electrical installations except where,
in the opinion of the engineer, no fire hazard exists.
Idem (3) A properly authorized person or persons shall make a
monthly inspection of all fire-fighting equipment and shall
make a report in writing to the manager stating that such
examination has been made and certifying as to the conditions
found. R.S.O. 1960, c. 241, s. 182.
oa?bfdl °^ ^^•^- — (1) Calcium carbide shall be stored on the surface
only in a suitable, dry place, other than the shafthouse or
portalhouse or changehouse, and in its original unopened
container.
?/carbid*i°" (^) ^^^ ^^^ purpose of distributing calcium carbide, ade-
quate provisions for the handling of quantities not in excess
of one day's supply or 100 pounds, whichever is the greater,
shall be made at every mine.
Idem (3) Such distribution shall not take place in a shafthouse,
portalhouse or changehouse unless such structure is fire-
resisting but shall be provided for by the installation of a suit-
able distribution centre not closer than fifty feet to the nearest
point of any part of the headframe, shafthouse or portalhouse.
Handling
of
carbide
(4) Adequate precautions shall always be taken to ensure
that calcium carbide is handled in a safe manner and no
calcium carbide shall be taken underground except in suitable
containers. R.S.O. 1960, c. 241, s. 183.
Fire pro-
tection
where
torches
used
184. Where operations involving the use of acetylene,
kerosene, gasoline or other torches are conducted in a head-
frame, shafthouse, portalhouse or other building in which
a fire may endanger the mine entrance or the underground
57
17
workings of a mine, suitable measures for protection against
fire shall be adopted and rigidly adhered to. R.S.O. 1960,
c. 241, s. 184.
185. — (1) Where cylinders of compressed gas, such as underground
acetylene and oxygen, are transported underground for any tati(fn "of
cutting or welding operation, all fittings, such as regulators ga^s'^®^^^*^
and manifolds, shall be disconnected from the cylinders and
the valves shall be protected in a suitable manner.
(2) Any such removable protective device shall be replaced ^'^®'^
at any time a cylinder is left unattended or before a cylinder
is moved to a new location.
(3) In all cases where cylinders of compressed gas are operation
operated from within any cage, skip or other shaft conveyance, andTcutting
or where the cylinders are set up in a location not readily *°'^°^®^
accessible to the workman operating the nozzle equipment,
a second competent person shall be employed at all times to
attend to the operation of the cylinder-control devices.
(4) In all cases where cylinders of compressed gas are used ^^"g'^^'"®^^®*^
underground for the purpose of supplying cutting or welding
equipment, special precautions shall be observed to avert the
possibility of damage to or failure of the regulators, manifolds
and hoses used in conjunction with the equipment. R.S.O.
1960, c. 241, s. 185.
186. No device for the generation of gas, such as acetylene Generation
for supplying cutting or welding equipment, shall be used in underground
the underground workings of a mine. R.S.O. 1960, c. 241, f^''^''^'^®"
s. 186.
187. — (1) In every mine where a vertical or inclined shaft Escapement
has been sunk or an adit driven and stoping has commenced,
there shall be provided and maintained, in addition to the
hoisting shaft or the opening through which men are let into
or out of the mine and the ore extracted, a separate escape-
ment exit.
(2) Such exit shall not be less than fifty feet from the main Location
entrance to the mine and any structure covering such exit^*^®^**
shall be of such material and so constructed to reduce the fire
hazard to a minimum.
(3) If such an escapement exit is not in existence at the when
time that stoping is commenced, work upon it shall be begun "®*'®^*'"y
as soon as stoping is commenced and shall be diligently prose-
cuted until it is completed, and means of escapement, other
57
18
than the main outlet of the mine, shall be provided to and
connected with the lowest level on which stoping operations
are being carried on.
Size of
exit
(4) The escapement exit shall be of sufficient size to afford
an easy passageway and, where necessary, shall be provided
with good and substantial ladders from the deepest workings
to the surface.
Monthly-
exit
inspection
(5) The manager shall depute some competent person or
persons to make an inspection of such escapement exit at least
once a month.
Record of
inspection
(6) A record of such inspection and the conditions found
shall be made in writing by the person making it.
Legible
signs show-
ing exits
(7) Legible signs showing the way to escapement exits
shall be posted in prominent places underground and all work-
men shall be instructed as to the location of the escapement
exits. R.S.O. 1960, c. 241, s. 187.
Buildings in
proximity
to mine
entrance
188. Unless there is first provided a second means of exit
from the mine workings, no building of other than fire-resisting
construction shall be erected within fifty feet of any closed-in
part of a headframe or portalhouse, except that the building
housing the hoist and power plant equipment may be erected
within this distance so long as such distance is not less than
thirty-five feet. R.S.O. 1960, c. 241, s. 188.
Auxiliary
exits for
plant
buildings
189. — ^(1) All plant buildings where men are regularly
employed, except those buildings used for explosives, shall
have suitable and adequate auxiliary exits in addition to the
main entrance.
Availability (2) Such auxiliary exits shall be maintained for use in case
of fire. R.S.O. 1960, c. 241, s. 189.
Location
of boilers
and diesel
engines
190. No steam boiler or diesel engine shall be installed in
such a manner that any part thereof is within seventy-five
feet of the centre line of the collar of a shaft or other entrance
to a mine. R.S.O. 1960, c. 241, s. 190.
Location
of internal
combustion
engines
191. No gasoline or other internal combustion engine
using highly volatile liquids or flammable gases shall be in-
stalled within fifty feet of the building housing the hoist nor
within 100 feet of the centre line of the collar of a shaft or
other entrance to a mine. R.S.O. 1960, c. 241, s. 191.
Exhaust of
internal
combustion
engines
192. — (1) Where an internal combustion engine is installed
at a mine, provision shall be made for safely conducting
the exhaust of such engine to a point well outside the building.
57
19
(2) The exhaust shall be so arranged as to avert the possi- idem
bility of fumes re-entering the building or entering the intake
of an air compressor or contaminating the atmosphere of any
adjacent buildings or the mine workings. R.S.O. 1960, c. 241,
s. 192.
193. — (1) Except for the actual fuel tanks of operating storage of
equipment, no storage of gasoline or liquid fuel shall be per-
mitted within 100 feet of the collar of a shaft or other entrance
of a mine.
(2) The natural drainage from such a location shall be idem
such that the flow is in a direction opposite to the location of
any such shaft or mine entrance. R.S.O. 1960, c. 241, s. 193.
194. — (1) The fuel tanks of an internal combustion engine Transfer of
installed in a building shall be so arranged that the actual
transfer of fuel to the fuel tank takes place at a point outside
the building and the fuel is conducted to the tank in a tightly-
jointed pipe or conduit.
(2) Similar provisions for the escape of displaced air from idem
the fuel tank shall be made whereby the displaced air will be
conducted to a safe point outside the building before being
discharged into the atmosphere.
(3) The transfer of liquid fuels from one container to an- idem
other by the direct application of air under pressure shall not
be permitted, except where properly designed and tested
equipment is used for this purpose. R.S.O. 1960, c. 241, s. 194.
195. — (1) Where practicable, there shall be a sufificient f*'"® ^o^'"''
number of fire doors installed underground to cut off the shaft
and the mine openings directly associated with it from the
other workings of the mine.
(2) Fire doors shall be maintained in proper order and kept Properly
I f 11 1 • 1 1-111 11 • mamtained
clear of all obstructions so as to be readily usable at all times.
R.S.O. 1960, c. 241, s. 195, amended.
196. Where the chief engineer deems it necessary or Refuge
SI'S, tl OTIS
advisable for the protection of workmen employed under-
ground, he may order refuge stations to be provided and
maintained at such places in the mine as he directs, and every
such refuge station shall have water, air and telephone con-
nections to the surface and be separated from the adjoining
workings by closeable openings so arranged and equipped
that gases can be prevented from entering the refuge station.
R.S.O. 1960, c. 241, s. 196.
57
20
b^twe^en'^" ^^^- — ^^^ Where the chief engineer deems it necessary or
mines advisable for the protection of workmen employed under-
ground, he may recommend in writing to the Minister that a
connection between mines be established at such places as he
deems advisable and he may further recommend that such
connection be so made and equipped as to constitute a refuge
station or refuge stations.
Idem
(2) Upon the approval by the Minister of any such recom-
mendation, a copy thereof, accompanied by a copy of this
section, shall be served personally upon or sent by registered
mail to the owner or the agent and the manager of each of
the mines affected.
Committee
Idem
Idem
(3) Upon the approval of such a recommendation of the
chief engineer, the Minister may in writing signed by him
direct each of the mining companies concerned to appoint a
representative to act in its behalf on a committee under
the chairmanship of a third party, who shall be a mining
engineer recommended by the chief engineer and appointed
to the chairmanship of the committee by the Minister, and the
committee shall determine,
(a) the design, specifications and location of the con-
necting passages, bulkheads or other structures to
be constructed in order to safeguard the present
and future operations of the mines affected;
(b) the work to be done by each of the mines affected
and the proportion in which the cost of the work
and of establishing and maintaining the connection
shall be borne by the owners of the mines affected;
(c) the time at which the work in compliance herewith
shall be commenced and completed;
(d) the proportion in which the costs and expenses of
the committee shall be borne by the owners of the
mines affected; and
(e) such other provisions or requirements as in the
premises they deem necessary or advisable.
(4) The committee shall submit a report in writing to the
Minister, and a report of the majority of the committee shall
be deemed to be the finding of the committee.
(5) Upon the approval by the Minister of the report of
the committee, the chief engineer may issue his order for the
establishment and maintenance of such connection and refuge
station or stations (if any are recommended) in accordance
with the terms of the report.
57
21
(6) A copy of the report shall be attached to the order and i^®"^
forms a part thereof.
(7) No such order is subject to appeal upon any ground ^^^^
whatsoever and is enforceable in the same manner as any
order of the chief engineer. R.S.O. 1960, c. 241, s. 197.
Aid to Injured
198. — (1) At every mine, there shall be maintained a stretchers
sufficient number of properly-constructed stretchers for the
proper handling and transporting of persons who are injured
in the discharge of their duties about the mine.
(2) There shall be provided and maintained at every mine First aid
for the treatment of any person injured such first aid supplies
as are required by the regulations under The Workmen's ^"I^O- i^^o.
Compensation Act. R.S.O. 1960, c. 241, s. 198. "'
Handling Water
199. Every working mine shall be provided with suitable R^emovai of
AvSitsi* from
and efficient machinery and appliances for keeping the mine mine
free from water, the accumulation or flowing of which might ^""^ "^^^
endanger the lives of workmen in the mine or in any adjoining
mine. R.S.O. 1960, c. 241, s. 199.
200. Where there is or may be an accumulation of water, P^^lpau^ti^^^
any working approaching the same shall have bore holes of water
kept in advance, and such additional precautionary measures
shall be taken as are deemed necessary to obviate the danger
of a sudden breaking-through of the water. R.S.O. 1960,
c. 241, s. 200.
201. A bulkhead or other suitable stop shall be placed in P"^Jj|Jf^**
every working shaft to prevent that part of the hoisting
conveyance carrying men from being inadvertently lowered
into water in the sump of the shaft. R.S.O. 1960, c. 241, s. 201.
202. — (1) For the purposes of this section.
Interpre-
tation
(a) "bulkhead" means any structure built for the pur-
pose of impounding water or confining air under
pressure in a drift, crosscut or any other mine open-
ing and constructed in such a manner as to com-
pletely close off such drift, crosscut or other mine
opening;
(b) "dam" means a structure built for the purpose of
impounding water in a drift, crosscut or other mine
opening and built in such a manner as to permit an
unobstructed overflow of the water.
57
22
bufkhead"*^ (2) The location of every underground bulkhead and dam
and dam within the meaning of this section shall be clearly shown on
the mine plans.
Permission (3) No dam behind which more than twenty-five tons of
necessary, ^ •' . i i i n , i , i
for dam water may be impounded shall be constructed underground
without the written permission of the chief engineer and
then only when constructed in accordance with plans and
specifications that have been approved by him.
for bulkhead (4) No bulkhead shall be constructed underground without
the written permission of the chief engineer and then only
when constructed in accordance with plans and specifications
that have been approved by him.
of°b^?k1i^°d ^^^ ^" ^^^ completion of the installation of a bulkhead, the
manager shall immediately notify the chief engineer that it
has been completed. R.S.O. 1960, c. 241, s. 202.
Ventilation
Ventilation 203. — (1) The ventilation in every mine shall be such that
the air in all of its workings, which are in use or are to be used
by workmen or others, shall be free from dangerous amounts
of noxious impurities and shall contain sufficient oxygen to
obviate danger to the health of anyone employed in the mine.
Mechanical
ventilation
(2) In mine workings where such conditions cannot be ob-
tained by natural ventilation, approved means for mechancial
ventilation shall be provided and kept in operation until the
workings have been abandoned or until satisfactory natural
ventilation has been brought about therein.
Idem
(3) All Structures containing fans used in connection with
the underground ventilation of a mine shall be of such con-
struction as to reduce the fire hazard to a minimum. R.S.O.
1960, c. 241, s. 203.
Unused
workings to
be tested
for gas
204. Underground workings that have been in disuse for
some time and that are not in the main ventilation circuit
shall be examined before being again used in order to ascertain
whether dangerous gases have accumulated there or whether
an oxygen deficiency exists, and only such workmen as are
necessary to make the examination shall be allowed to proceed
to such places until the places are safe to work or travel in.
R.S.O. 1960, c. 241, s. 204.
205. — (1) No internal combustion engine shall be installed
Internal
combustion
engine or operated in a shaft or adit, or in any working in connec-
underground . *^ . , , . ,. ,' . . . ° . . .
tion With a shaft or adit, unless permission in writing irom
the chief engineer is first obtained.
57
23
(2) No internal combustion engine shall be installed or idem
operated in any clay, sand or gravel pit or in any quarry or
other open pit working designated by an engineer as unsafe
for this purpose. R.S.O. 1960, c. 241, s. 205.
Sanitation
206. The manager of a mine shall provide or cause to be Sanitary
.,, If 1-11 1 1- conveniences
provided on the suriace and m the underground workmgs
sufficient and suitable sanitary conveniences in accordance
with the following requirements:
1. Where men are employed underground, one sanitary
convenience shall be provided for every twenty-five
persons or portion thereof on any shift.
2. Where men are employed on surface, one sanitary
convenience and one urinal shall be provided for
every twenty-five persons or portion thereof on any
shift.
3. Where women are employed, separate toilets with
entirely separate entrances from those furnished the
men shall be provided.
4. One toilet shall be provided for every fifteen women
or portion thereof on any shift.
5. Such rooms shall be clearly marked as to the sex for
which they are provided. R.S.O. 1960, c. 241, s. 206.
207. — (1) Sanitary conveniences underground shall be, 'i^^om
(a) conveniently placed, having regard to the number of
men employed on the difi^erent levels;
(6) placed in a well-ventilated part of the mine;
(c) kept clean and sanitary ; and
{d) suitably disposed of regularly.
(2) Sanitary conveniences, urinals and toilets on surface idem
shall be kept clean and sanitary. R.S.O. 1960, c. 241, s. 207.
208. Any person depositing faeces in any place under- idem
ground, other than in the sanitary conveniences provided, is
guilty of an off^ence against this Act. R.S.O. 1960, c. 241,
s. 208.
209. A supply of wholesome drinking water shall be P^o- ^^[^Jj*'»«
vided both on surface and underground at points reasonably
accessible to the working places. R.S.O. 1960, c. 241, s. 209.
57
24
Dressing
room
Location
of
dressing
room
210. — (1) If men are employed underground or in hot or
dusty occupations on surface at a mine or works, suitable
and sufficient accommodation, including supplies of clean,
cold and warm water for washing, shall be provided above-
ground near the principal entrance of the mine or works for
enabling the persons employed to conveniently dry and change
their clothes.
(2) Such accommodation, unless of fire-resisting construc-
tion, shall not be nearer than fifty feet to a shafthouse or
portalhouse and it shall not be located in a hoistroom or
boilerhouse except where a separate, properly-constructed
room is provided. R.S.O. 1960, c. 241, s. 210.
Precaution
to be
taken
Marking of
explosives
Fume classi-
fication of
explosives
Preparation
of blasting
agent
Defective
explosives
toibe
reported
Storage of
explosives
and ■ !«
blasting
agents
Care and Use of Explosives and Blasting Agents
211. Every possible precaution shall be taken in the
handling and transportation of explosives and blasting agents.
R.S.O. 1960, c. 241, s. 211, amended.
212. No explosive shall be used at a mine unless there
are plainly printed or marked on every original package con-
taining such explosive the name and place of business of the
manufacturer, the strength of the explosive and the date of
its manufacture. R.S.O. 1960, c. 241, s. 212.
213. — (1) Only explosives in Fume Class I as established
by the Explosives Division of the Department of Mines and
Technical Surveys of Canada or explosives and blasting
agents as permitted by the chief engineer shall be used under-
ground.
(2) The preparation of a blasting agent on a mining pro-
perty, except when prepared by a properly-authorized manu-
facturer of explosives or blasting agents, shall be done only
with the permission of the chief engineer in writing. R.S.O.
1960, c. 241, s. 213, amended.
214. Every case of supposedly defective fuse, detonator or
blasting cap, or explosive, shall be reported to an engineer
with the name and address of the manufacturer and accom-
panied, if available, by the packing slip from the original
container of such fuse, detonator or blasting cap, or explosive,
along with all other pertinent information available. R.S.O.
1960, c. 241, s. 214.
215. — (1) Except as otherwise provided, all explosives and
blasting agents and all detonators or blasting caps shall be
stored on surface in special suitable buildings, such as maga-
zines, thaw houses, detonator or blasting cap storage buildings,
or cap and fuse houses. R.S.O. 1960, c. 241, s. 215 (1),
amended.
57
25
(2) Every such building shall be under the direction of the storage
manager or a person authorized by him. authorized
person
(3) No such building shall be erected or maintained at Permission,
. . , , . . . p . necessary
a mme except with the written permission oi an engineer, nor before
until the site of the building and the style of structure have
been approved by him. R.S.O. 1960, c. 241, s. 215 (2, 3).
(4) Such written permission shall state the maximum *'^|^^|?
quantity and kind of explosive or blasting agent that may
be stored in the building. R.S.O. 1960, c. 241, s. 215 (4),
amended.
(5) The permission shall be posted in the building. posting
(6) Where possible, every such building shall be located Tabil^of
in accordance with the British Table of Distances in respect i^istances
of its distance from the mine or works or any other buildings
or any public highway or public railway.
(7) Where conditions are such that it is impossible to locate ^^^"^
such buildings in accordance with the British Table of Dis-
tances, the mine manager and an engineer shall jointly choose
the most suitable location. R.S.O. 1960, c. 241, s. 215 (5-7).
(8) Storages for blasting agents may contain three times fQ°b1lllting
the quantity of blasting agent as compared to explosives as'^sents
set by the British Table of Distances.
(9) Where explosives and blasting agents are stored to- idem
gether, the lesser limit of storage shall apply. New.
(10) Every such building shall be constructed of such ma-^|^enai8
terials as to ensure as far as possible against accident from building
any cause. R.S.O. 1960, c. 241, s. 215 (8).
(11) The requirements in reference to the care and use of ments'^to
explosives and blasting agents shall be kept posted up inside ^^ posted
every such building.
(12) Every such building shall be kept securely locked atKed"^
all times that the attendant is not present and it shall be*"*^^'^'^^
clearly indicated by one or more easily-visible signs that
explosives or blasting agents are stored therein. R.S.O. 1960,
c. 241, s. 215 (9, 10), amended.
(13j Such sign or signs shall be posted beside the road of^Iignf
approaches to the building at least eight feet above the ground
and twenty-five feet distant from the entrance. R.S.O.
1960, c. 241, s. 215 (11).
57
26
storages
to be
clean, etc.
216. All explosive, blasting agent, detonator or fuse storages
at or in a mine shall be kept clean, dry and free from grit
at all times. R.S.O. 1960, c. 241, s. 216, amended.
Floors
and
shelves
217. Floors and shelves of magazines and thaw houses
shall be treated with a suitable neutralizing agent, whenever
necessary, to remove any traces of explosive substances.
R.S.O. 1960, c. 241, s. 217.
What 218. — (1) When supplies of explosives or blasting agents
to be are removed from a magazine, those that have been longest
in the magazine shall be used first, provided they are not
defective.
(2) In all cases where explosives or blasting agents have
Defective
explosives
and blasting become defective, they shall be suitably and safely disposed of.
*^^" ^ R.S.O. 1960, c. 241, s. 218, amended.
Disposal
of defective
explosives
and blasting
agents
(3) An engineer may, if he deems it necessary to protect
life or property, arrange for the disposal of defective or
abandoned explosives or blasting agents, and the amount of
costs so incurred shall be due to the Crown from the owner
and recoverable in any court of competent jurisdiction. New.
Opening
cases
219. Only implements of wood or fibre shall be used in
opening cases that contain explosives. R.S.O. 1960, c. 241,
s. 219.
expiofives^ 220. — (1) Explosives or blasting agents, including caps,
and blasting fuse and igniter cord, shall not be stored underground in
underground excess of the necessary underground supply for forty-eight
hours.
storage
capacity
(2) In no case shall an amount exceeding 300 pounds of
explosive or 900 pounds of blasting agent be stored in any
one place underground without the written permission of an
engineer.
permission ^^^ With the written permission of an engineer and subject
for increased to such conditions as he prescribes, other underground
capacity . i i- , i i • in
explosive storages may be established, but in no case snail
more than 1,000 pounds of explosive or 3,000 pounds of
blasting agent be stored in any one storage place.
Idem
(4) Where explosives and blasting agents
together, the lesser limit of storage shall apply.
are stored
Suitable
storage
(5) Explosives or blasting agents stored underground shall
be kept in suitable containers or storage places in suitable
locations.
57
27
(6) In no case shall explosives or blasting agents be stored Protection
. , , , . ^ ., ... ^ ° ** ,,. .. from trains,
in places where there is a possibility oi a train or car colliding etc.
with the containers of the explosives or blasting agents.
(7) Where explosives or blasting agents in excess of what idem
may be stored in approved underground storages are re-
quired for such operations as longhole blasts, etc., only such
quantities as can be loaded in a twenty-four hour period shall
be kept underground at any time for such blast.
(8) Any explosives or blasting agents not loaded at the idem
end of a shift shall be stored in accordance with this section
or be adequately guarded. R.S.O. 1960, c. 241 , s. 220, amended.
221. No explosive or blasting agent shall be stored within Location
200 feet of a shaft station or transformer station underground.
R.S.O. 1960, c. 241, s. 221, amended.
222. — (1) Detonators or blasting caps or igniter cord shall fetonato*rs
not be stored in the same receptacle or storage building as
other explosives or blasting agents.
(2) Detonators or blasting caps or capped fuses or igniter Separate
cord, while stored in underground workings, shall be kept in
separate, suitable, closed containers or storage places.
(3) Such containers or storage places shall not be located ^*^®'^
within twenty-five feet of any other explosives or blasting
agents. R.S.O. 1960, c. 241, s. 222, amended.
223. — (1) No flame-type light shall be taken within twenty- ppef^-flame
five feet of any building or place on surface in which explosives
or blasting agents are stored.
(2) No flame-type light shall be taken within ten feet ofi<iem
any place underground where explosives or blasting agents
are stored unless a suitable, safe arrangement for the placing
of such light is provided.
(3) No person shall smoke in any place or building where Smoking
explosives or blasting agents are stored or while handling
explosives or blasting agents. R.S.O. 1960, c. 241, s. 223,
amended.
224. — (1) A properly authorized person or persons shall o? storage"
make a thorough weekly inspection of all explosives or^'^^®^
blasting agents, explosives or blasting agents magazines,
thaw houses, detonator or blasting cap storage buildings,
cap and fuse houses, and all storage boxes or places in or about
the mine used for the purpose of storing explosives or blasting
57
28
agents or detonators or blasting caps and shall make a report
in writing to the manager stating that such inspection has been
made and certifying as to the conditions found.
cindit*ions^ (2) The manager shall take immediate steps to correct
rectified any unsuitable conditions found and to properly dispose of
any deteriorated explosives or blasting agents.
Careless
acts
(3) The manager shall make a prompt investigation when
an act of careless placing or handling of explosives or blasting
agents is discovered by or reported to him.
Report of
carelessness
to engineer
(4) Any employee who commits a careless act with an
explosive or blasting agent or where explosives or blasting
agents are stored, or who, having discovered such an act to
have been committed, omits or neglects to report immediately
such act to an officer in charge of the mine, is guilty of an
oflfence against this Act, and the officer in charge of the mine
shall immediately report such offence to the engineer or to the
Crown attorney of the county or district in which the mine is
situate. R.S.O. 1960, c. 241, s. 224, amended.
Disposal of
explosives at
shut-down
mine
225. When a mine is closed down, all explosives or blasting
agents, fuse, detonators and blasting caps shall be disposed of
and no explosive or blasting agent shall be stored at any such
closed-down mine without the written permission of the chief
engineer. R.S.O. 1960, c. 241, s. 225, amended.
Written
permission
226. No person shall take away from a mine any explosive
or blasting agent, fuse or detonator or blasting cap without
the written permission of the manager or of such person as is
authorized by the manager to give such permission. R.S.O.
1960, c. 241, s. 226, amended.
Thaw
houses
227. — ^(1) No building for thawing explosives shall be
maintained in connection with a mine except with the written
permission of an engineer.
of'buiidtng ^^^ ^^^ building shall be above ground, and the site of the
building and the style of the structure and equipment shall
be subject to the approval of an engineer.
Quantity-
stored
(3) The quantity of explosive kept in a thaw house at
any time shall not exceed the requirements of the mine for
a period of twenty-four hours plus the amount that may be
necessary to maintain that supply, but an engineer may give
permission in writing to store a quantity not in excess of the
permitted capacity of the building if, in his opinion, the
heating equipment is such that the temperature can be con-
trolled within approved safe limits.
57
29
(4) A reliable recording thermometer shall be kept in theThermo-
room in which explosives are thawed and the record thereof thaw
kept, but, where the amount of explosives in such thawing °"^®
room does not exceed 200 pounds at any one time, an engineer
may give permission in writing to use a maximum and mini-
mum registering thermometer on condition that a daily record
of high and low temperatures be made and kept on file for at
least one year.
(5) All such records shall be made available to an engineer, idem
R.S.O. 1960, c. 241, s. 227.
228. In no case shall explosives be thawed near an open fire Prohibition
or steam boiler or by direct contact with steam or hot water.
R.S.O. 1960, c. 241, s. 228, amended.
Transpor-
229. — (1) This section applies only on mining properties *|*jj°o'^j°^g
and only on surface. and blasting
agents on
surface
(2) Every motor vehicle used for carrying explosives or idem
blasting agents shall be maintained in sound mechanical
condition in all respects.
(3) Every such motor vehicle shall be conspicuously marked ^^^"^
by suitable signs or red flags easily visible from front and
rear.
(4) The metal parts of every such vehicle that may come idem
in contact with containers of explosives or blasting agents shall
be suitably covered with wood, tarpaulin or other suitable
material.
(5) No other goods or materials shall be carried in or on idem
any vehicle in which explosives or blasting agents are being
carried.
(6) Every motor vehicle transporting more than 150^^®"^
pounds of explosives or blasting agents shall be equipped with
a fire extinguisher in working order, of adequate size and
capable of dealing with a gasoline or oil fire.
(7) No motor vehicle shall be loaded with more than 80 ^^^m
per cent of its carrying capacity when carrying explosives or
more than 100 per cent of its carrying capacity when carrying
blasting agents.
(8) Explosives or blasting agents carried on vehicles shall be idem
so secured or fastened as to prevent any part of the load
from becoming dislodged.
57
30
Idem
(9) Detonators shall not be carried in the same vehicle as
other explosives or blasting agents except in a suitable con-
tainer in a separated compartment, and in such case the
number shall not exceed 1,000 detonators.
Idem
(10) A vehicle carrying explosives or blasting agents shall
not be left unattended.
Idem
(11) Only those persons necessary for the handling of
explosives or blasting agents shall travel on a vehicle that is
carrying explosives or blasting agents.
Idem
(12) There shall be no smoking by persons on a vehicle
that is transporting explosives or blasting agents. R.S.O.
1960, c. 241, s. 229, amended.
ui^tfon^of' ^^^- — (^) When the day's supply of explosives or blasting
explosives agents is being transported in a shaft conveyance, the person
agents in in charge of such operation shall give or cause to be given
notice of the same to the deckman and hoistman.
Authori-
zation to
handle
(2) No person shall,
(a) place in;
{b) have while in; or
(c) take out of,
the shaft conveyance any explosives or blasting agents except
under the immediate supervision of a person authorized for
the purpose by the manager, superintendent, foreman or shift
boss.
material'^in ^^^ ^^ Other material shall be transported with explosives
conveyance or blasting agents in a shaft conveyance. R.S.O. 1960, c. 241,
s. 230, amended.
Transfer of
explosives
or blasting
agents from
storage
places
231. — (1) The transfer of explosives or blasting agents
from the magazine or other surface storage place shall be so
arranged that no undue delay shall occur between the time
the explosives or blasting agents leave the surface storage place
and the time they are properly stored in designated storage
places in the mine or distributed to points of use in the mine.
Transfer
without
undue
delay
(2) Explosives or blasting agents shall not be left at a level
station or near the shaft collar or other entrance to the mine
but shall be transferred from a designated storage place to
other designated storage places or points of use without undue
delay. R.S.O. 1960, c. 241, s. 231, amended.
57
31
232. — (1) Primers shall be made up as near to their point Transpor-
of use as is practicable in the interests of safety and only in detonators
sufficient numbers for the immediate work in hand.
(2) Detonators or blasting caps, capped fuses, made-up suitable
primers, igniter cord or other explosives or blasting agents
shall not be transported in a conveyance either on surface or
underground unless placed in separate, suitable, closed
containers.
(3) A workman may carry capped fuses with other ex- Kept
plosives or blasting agents from the nearest storage places to from other
a point of use without placing them in a container, if they are or^bfasting
kept separate from the other explosives or blasting agents. agents
(4) In no case shall made-up primers be transported or Made-up
• 1 1 1 1 • -11 1 1 • primers
carried unless placed in separate, suitable, closed containers.
R.S.O. 1960, c. 241, s. 232, amended.
233. — (1) Where explosives or blasting agents are trans- Transpor-
ported in mine workings by means of mechanical haulage, underground
including trackless equipment, the speed of the vehicle shall
not exceed 4 miles an hour and definite arrangements for the
right of way of the vehicle carrying explosives or blasting
agents shall be made before the vehicle is moved.
(2) Where mechanical track haulage is used, the locomotive idem
shall be maintained on the forward end of the train carrying
explosives or blasting agents unless some person walks in
advance of the train to effectively guard it.
(3) In track haulage, the car or cars carrying explosives or idem
blasting agents shall be separated from the locomotive by an
empty car or spacer of equivalent length, but in no case shall
explosives or blasting agents be carried on the locomotive.
(4) Where a trolley locomotive is used for the haulage of locomotive
explosives or blasting agents in a mine, the car or cars carrying ^^a^iage
explosives or blasting agents shall be protected from trolley-
wire contact and other existing hazards.
(5) Where trackless equipment is used for the transporta- Trackless
tion of explosives or blasting agents underground, the require- used
ments of section 229 apply. R.S.O. 1960, c. 241, s. 233,
amended.
234. Where parties working contiguous or adjacent claims Blasting on
or mines disagree as to the time of setting off blasts, either claims
party may appeal to an engineer, who shall decide upon the
time at which blasting operations thereon may be perfprmed,
57
32
and his decision is final and conclusive and shall be observed
by them in future blasting operations. R.S.O. 1960, c. 241,
s. 234.
not'to^be^^ 235. No explosive shall be removed from its original paper
fr^7riginai container or cartridge. R.S.O. 1960, c. 241, s. 235.
container
ix)'astTeaps ^36. No explosive shall be used to blast or break up ore,
salamander or other material where by reason of its heated
condition there is any danger or risk of premature explosion
of the charge. R.S.O. 1960, c. 241, s. 236.
Size of
drill holes
237. All drill holes shall be of sufficient size to admit of
the free insertion to the bottom of the hole of a cartridge of
explosive. R.S.O. 1960, c. 241, s. 237, amended.
eteei'^toof'^ 238. In charging holes for blasting, no iron or steel tool
or rod shall be used, and no iron or steel tool shall be used in
any hole containing explosives. R.S.O. 1960, c. 241, s. 238.
befor^e^"'^^ 239. — (1) Before drilling is commenced in a working place,
drilling the exposed face shall be washed with water and carefully
examined for misfires and cut-off holes, giving special attention
to old bottoms.
Bootleg
holes
(2) No drilling shall be done within six inches of any hole
that has been charged and blasted or any remnant of such
hole. R.S.O. 1960, c. 241, s. 239 (1, 2).
Hole
containing
explosives,
etc.
(3) No drilling shall be done within five feet of any hole
containing explosives or blasting agents. R.S.O. 1960, c. 241,
s. 239 (3), amended.
Precautions
when
loading
(4) Drilling or undercutting and charging operations under-
ground shall not be carried on simultaneously on the same face
above or below each other or within twenty-five feet horizontal
distance. New.
Due warning
required
240. — (1) Every workman shall, before blasting, give or
cause to be given due warning in every direction by shouting
"Fire" and shall satisfy himself that all persons have left the
working place or the vicinity except those required to assist
him in blasting and guarding.
In pits
and
quarries
(2) In open pits or quarries where the extent of the opera-
tion or the exposure of persons renders the warning required
under subsection 1 ineffective, due warning shall be given of a
primary blast by siren or its equivalent in an approved
manner, in addition to guarding as required by section 241.
R.S.O. 1960, c. 241, s. 240.
57
33
241. — (1) Every workman shall, before blasting, cause all ^j^^^^^|,'^|
entrances or approaches to the place or places where the where
blasting is to be done, or where the safety of persons may be is done
endangered by the blasting, to be effectively guarded so as
to prevent inadvertent access to such place or places while
the charges are being blasted.
(2) Subject to permission having been obtained, when Guarding
required, from the appropriate authority, where it is necessary
to stop tralific on a public road during a blasting operation, an
adequate number of flagmen equipped with suitable red flags
shall be posted and signs, such as "DANGER", "BLASTING"
or "STOP FOR FLAGMAN", shall be posted along the road
at suitable locations to warn traffic approaching the flagman
guarding the area.
(3) Posting of signs shall not be deemed to be adequate signs not
protection to warn of blasting operations. R.S.O. 1960, ^ ^^"^ *
c. 241, s. 241.
242. Where possible, no connection between mine workings ^"jP^igs
shall be made until a thorough examination of the working *« mine
towards which the active heading is advancing has been made
and has shown that the work can be proceeded with in a safe
manner, and such point of connection shall be guarded as an
entry when blasting within twice the length of the longest drill
steel used or a minimum of fifteen feet of breaking through.
R.S.O. 1960, c. 241, s. 242.
243. Except where fired electrically, no fuse shorter thani^ength of
three feet shall be used in any blasting operation, nor shall any
fuse be lighted at a point closer than three feet from the
capped end. R.S.O. 1960, c. 241, s. 243.
244. — (1) Where safety fuse has been used in connection J.'^tervai
• 1 1 1 1 1 r~ 1 before return
With a blast and where two or more shots are fired, no blaster to scene of
or other person shall leave or be permitted to leave his place of
refuge from the blast and return to the scene of the blast
within the number of minutes that are equal to twice the
number of feet in the longest fuse used in the blasting opera-
tion.
(2) Such time shall be calculated from the time when the'^^®'"
last shot is heard.
(3) Where the firing has been done by means of electric Firing done
GlGCtriC8.ll V
delay-action detonators and any shot has been heard, no
blaster or other person shall leave or be permitted to leave his
place of refuge and return to the scene of any blast within ten
minutes of the time at which the blasting circuit is closed.
57
34
Idem
(4) Except when no shot is heard and a faulty circuit is
indicated, the circuit may be repaired immediately after the
blaster has assured himself that the blasting switch is locked
in the open position and the lead wires are short-circuited.
Misfire or
missed hole
(5) In the case of a supposed misfire or missed hole in a
blasting operation, no blaster or other person shall leave or be
permitted to leave his place of refuge and return to the scene
of the blast within thirty minutes of the time he has reached
his place of refuge after the lighting of the fuse or fuses or the
closing of the blasting circuit. R.S.O. 1960, c. 241, s. 244.
Detonator
required
245. No hole shall be charged with explosives or blasting
agents unless a properly-prepared detonating agent is placed
in the charge and shall be fired in its proper sequence in the
firing of the round. R.S.O. 1960, c. 241, s. 245, amended.
Firing
required
246. — (1) All holes that are charged with explosives or
blasting agents in one loading operation shall be fired in one
blasting operation.
Idem
(2) Any hole that has been charged with explosives or blast-
ing agents, or any explosive charge that has been set, shall not
be left unfired but shall be fired at the time for blasting
required by the approved practice of the mine. R.S.O. 1960,
c. 241, s. 246, amended.
Safety fuse
247. Where safety fuse is used in a blasting operation,
{a) suitably capped fuses shall be supplied to the work-
men in standard, uniform and safe lengths for the
operation at hand;
{h) the uncapped ends of all fuses for use in a mine shall
be suitably identified. R.S.O. 1960, c. 241, s. 247.
Lighting
fuses
248. — (1) In every case where more than one charge is
to be fired, each fuse connected to a charge of explosives or
blasting agents shall be lighted with a suitably-timed spitting
device. R.S.O. 1960, c. 241, s. 248 (1), amended.
men'^fghts (^) Where more than one charge is to be fired, no workman
shall be permitted to conduct any blasting operation unless he
is accompanied by one or more other workmen.
Idem
(3) Each workman shall carry a light unless the blasting
operation is conducted on surface in daylight or under arti-
ficial light. R.S.O. 1960, c. 241, s. 248 (2, 3).
57
35
249. Before returning to the scene of a blasting operation, ventilation
every workman shall assure himself that sufficient air has been places after
introduced into the working place to drive out or dilute to a ^^ '"^
safe degree the gases produced in the blasting operation.
R.S.O. 1960, c. 241, s. 249.
250. — (1) Where blasting is done in a raise or stope, proper Protection
precautions shall be taken to prevent closing of the means of to working
entrance to the working place or interference with the effective ^ ^^^
circulation of air following the blast by the broken material
produced by the blast.
(2) In the case of a single-compartment raise or box-hole idem
where material from the blast may block the means of en-
trance, proper precautions shall be taken to ensure the adequate
ventilation of the working place before workmen enter it.
R.S.O. 1960, c. 241, s. 250.
251. — (1) When a workman fires any charges, he shall, ^®P^°ggg^K
where possible, count the number of shots. ^oies
(2) If a shot is missing, he shall report it to the mine captain idem
or shift boss.
(3) If a missed hole has not been fired at the end of a shift, idem
that fact, together with the location of the hole, shall be
reported by the mine captain or shift boss to the mine captain
or shift boss in charge of the next relay of workmen going into
that working place before work is commenced by them.
R.S.O. 1960, c. 241, s. 251 (1-3).
(4) Any charge of explosives that has missed fire shall not pissed hole
be withdrawn but shall be blasted at a proper time and
without undue delay. R.S.O. 1960, c. 241, s. 251 (4), amended.
(5) Any charge of blasting agent that has missed fire may idem
be washed out of the hole. New.
(6) No development heading shall be abandoned or work ^^^^Tiination
, . . . ., -til , . of missed or
therein discontinued until the material broken at the firing cut-off hole
of the last round has been cleared from the face and the whole
face of the heading examined for explosives or blasting agents
in missed or cut-off holes. R.S.O. 1960, c. 241, s. 251 (5),
amended.
252. — (1) After the first ten feet of advance has been made Where
, , . 1 -I 1 • 1 electric
m a shaft or winze and until such time as the permanent blasting
timbers and ladders have reached the level upon which blasting ''®''"""®
57
36
is being done, all blasting in the shaft, winze, station or other
workings being driven therefrom shall be done by means of an
electric current.
In raises
over 50°
(2) In any raise, inclined at over 50 degrees from the
horizontal, after twenty-five feet of advance has been made,
or in any raise where free escape is not ensured at all times, all
blasting shall be done by means of an electric current. R.S.O.
1960, c. 241, s. 252.
mirrent°to be ^^^" ^^ere blasting is done by electricity, a workman shall
disconnected not enter or allow other persons to enter the place where the
blasting charges have been fired until he has disconnected and short-
circuited the firing cables or wires from the blasting machine
or portable direct-current battery or has assured himself that
the switch of the approved blasting switch is open, the firing
cables or wires short-circuited and the blasting box locked.
R.S.O. 1960, c. 241, s. 253.
flring°device 254. Unless permission in writing is first obtained from the
chief engineer, with approval of the proposed arrangements
necessary for special cases,
(a) where electricity from lighting or power cables is used
for firing charges, a fixed device of a design certified
by the electrical engineer as meeting the require-
ments of section 546 shall be used ;
(b) one such device shall be maintained for each indi-
vidual working place in which firing is done by means
of electricity from lighting or power cables. R.S.O.
1960, c. 241, s. 254.
Blasting by
direct-
current or
blasting
machine
255. Where the source of current is a portable direct-
current battery or a blasting machine, the firing cables or
wires shall not be connected to the source of current until
immediately before they are required for firing the charges
and shall be disconnected immediately after the connection
has been made or the machine operated for firing the charges.
R.S.O. 1960, c. 241, s. 255.
Lead wires
short-
circuited
256. — (1) The firing cables leading to the face shall be
short-circuited while the leads from the blasting caps are
being connected to each other and to the firing cables.
Idem
(2) The short-circuit shall not be removed until the men
have retreated from the face and it shall be so located that a
premature explosion would be harmless to the men opening
the short-circuit.
57
37
(3) The short-circuit shall be replaced immediately after idem
the cables have been disconnected from the blasting machine
or the blasting switch has been opened. R.S.O. 1960, c. 241,
s. 256.
257. — (1) The firing cables or wires used for firing charges Firing cables
at one working place shall not be used for firing charges in
another working place until all proper precautions have been
taken to ensure that such firing cables or wires have no
connection with the leads from the first working place.
(2) When firing cables or wires are used in the vicinity of i^'" u°^ng ""^^
power and lighting cables, the blaster shall take proper pre- *i"ng cables
cautions to prevent the firing cables or wires from coming in
contact with the lighting or power cables. R.S.O. 1960,
c. 241, s. 257.
Protection in Working Places, Shafts,
Winzes, Raises, etc.
258. Neither on surface nor underground shall workmen ^^•^®°*^i°'^
be employed in a location where men are working overhead overhead
, , , . , , . operations
unless such measures tor protection are taken as the nature of
the work permits. R.S.O. 1960, c. 241, s. 258.
259. A protective hat, manufactured for such service, p^^*®^'^'^®
shall be worn by every person employed,
(a) underground in a mine;
{b) in a location in a pit or quarry designated by an
engineer. R.S.O. 1960, c. 241, s. 259.
260. The top of every shaft shall be securely fenced or ^jfl?^"^ °^
protected by a gate or guard rail, and every pit or opening other
dangerous by reason of its depth shall be securely fenced or^^®'^"^^
otherwise protected. R.S.O. 1960, c. 241, s. 260.
261. — (1) At all shaft and winze openings on the surface Qate at
and on every level, unless securely closed off, the hoisting entrances
compartments shall be protected by a substantial gate, which
shall be kept closed except when the hoisting conveyance is
being loaded or unloaded at such level.
(2) The clearance beneath any such gate shall be kept to a idem
minimum.
(3) Where haulage tracks lead up to a hoisting compart- ^j.®^^^o''°^"«
ment on surface or underground, the gate on such compart-
ment shall be reinforced in such a manner that it is sufficiently
strong to withstand any impact imparted thereto by collision
therewith of any motor, train or car operated on such tracks.
R.S.O. 1960, c. 241, s. 261.
57
38
Shaft and
winze
timbering
Idem
Strength of
guides, etc.
262. — (1) Every shaft and winze shall be securely cased,
lined or timbered, and during sinking operations the casing,
lining or timbering shall be maintained within a safe distance
of the bottom.
(2) In no instance shall such distance exceed fifty feet.
(3) The guides, guide attachments and shaft casing, lining
or timbering shall be of sufficient strength and shall be suit-
ably designed, installed and maintained so that the safety
catches referred to in section 339 may grip the guides properly
at any point in the shaft. R.S.O. 1960, c. 241, s. 262.
Protection
at shaft
stations
263. There shall be provided a safe passageway and stand-
ing room for workmen outside the shaft at all workings
opening into the shaft, and the manway shall in all cases be
directly connected with such openings. R.S.O. 1960, c. 241,
s. 263.
Protection
in sinking
operations
264. During shaft-sinking operations, no work shall be
done in any place in a shaft or winze while men are working in
another part of the shaft or winze below such place unless the
men working in the lower position are protected from the
danger of falling material by a securely-constructed covering
extending over a sufficient portion of the shaft to afford
complete protection. R.S.O. 1960, c. 241, s. 264.
Open hooks
not to
be used
265. Open hooks shall not be used in conjunction with the
suspension of any shaft staging. R.S.O. 1960, c. 241, s. 265.
Lining
compart-
ments at
levels
266. — (1) Except during sinking operations, if material is
handled in a shaft or winze compartment, there shall be
maintained around that compartment, except on the side on
which material is to be loaded or unloaded, a substantial par-
tition at the collar and at all levels.
^'^^^ (2) Such partition shall extend above the collar and all
levels a distance not less than the height of the hoisting con-
veyance plus six feet and it shall extend below the collar and
all levels at least six feet and it shall conform to the size of
the conveyance allowing for necessary clearances. R.S.O.
1960, c. 241, s. 266.
Counter-
weight
compart-
ment
267. Wherever a counterweight is used in a shaft or winze,
it shall be safely enclosed, unless it travels on guides. R.S.O.
1960, c. 241, s. 267.
Protection
on shaft
inspection
268.— (1) No person shall do any work or conduct any
examination in a compartment of a shaft or winze or in that
part of the headframe used in conjunction therewith while
57
39
hoisting operations, other than those necessary for doing such
work or conducting such examination, are in progress in such
compartment.
(2) No person shall do any work or conduct any examina- idem
tion in a shaft or winze or in that part of a headframe used in
conjunction therewith unless he is adequately protected from
accidental contact with any moving hoisting conveyance or
the danger of falling objects accidentally dislodged. R.S.O.
1960, c. 241, s. 268.
269. Where the enclosing rocks are not safe, every aditt^^J^^^^^^e
tunnel, stope or other working in which work is being carried workings
on or through which persons pass shall be securely cased, lined
or timbered, or otherwise made secure. R.S.O. 1960, c. 241,
s. 269.
270. Where a bucket is used in a shaft or winze for other Use of
, • 1 • shaft
than smkmg purposes, buckets
(a) a set of doors as required by subsection 3 of section
311 shall be required at the collar and every point of
service of the shaft or winze ;
(b) a suitable landing device shall be used at every
working level when the bucket is being loaded or
unloaded at that level;
(c) simultaneous operations shall not be carried on at
more than one level until the style of structure and
method of operation of any such device installed at
intermediate levels have been submitted to and have
received the approval of an engineer. R.S.O. 1960,
c. 241, s. 270.
271. — (1) Except where approved raising equipment is used* fncuSld"
all raises inclined at over 50 degrees that are to be driven ""^^^^^
more than sixty feet slope distance shall be divided into at
least two compartments, one of which shall be maintained as
a ladderway and shall be equipped with suitable ladders.
R.S.O. 1960, c. 241, s. 271 (1), amended.
(2) The timbering shall be maintained within a safe distance idem
of the face and in no event shall the distance between the face
and the top of the timbering exceed twenty-five feet. R.S.O.
1960, c. 241, s. 271 (2).
272. — (1) Whenever, at any time, chutes are pulled where Precautions
persons are working or may enter at the time of pulling, the broken
pulling area shall be marked by signs or the persons working
57
40
in the vicinity shall be notified and, as pulling proceeds, proper
precautions shall be taken to ascertain that the broken ma-
terial is settling freely.
^dem (2) When there is any indication of a hang-up, the location
shall be adequately protected by suitable signs or barricades.
R.S.O. 1960, c. 241, s. 272.
Access to 273. Unless the entrance to a stope is capable of being
used as such at all times, a second means of entrance shall be
provided and maintained. R.S.O. 1960, c. 241, s. 273.
miif^h^f s ^^'^' ^^^^ ^'^P ^^ every mill hole, manway or other opening
manways,' shall be kept covered or otherwise adequately protected.
**''■ R.S.O. 1960, c. 241, s. 274.
Guarding
open
■workings
275. Wherever men are working below a level in a place
the top of which is open to the level in close proximity to a
haulageway or travelway, some person shall effectively guard
the opening unless it is securely covered over or otherwise
closed off from the haulageway or travelway. R.S.O. 1960,
c. 241, s. 275.
Guarding 276. The tops of all raises or other openings to a level
tops of raises ^ ,rr
shall be kept securely covered, fenced off or protected by
suitable barricades to prevent inadvertent access thereto.
R.S.O. 1960, c. 241, s. 276.
Care of
utility
hoists
277. Utility hoists and attached equipment used for the
raising and lowering of material shall be maintained in a safe
working condition. R.S.O. 1960, c. 241, s. 277.
Scaling bars
and gads
278. The owner or manager shall provide and maintain
an adequate supply of properly-dressed scaling bars and gads
and other equipment necessary for scaling. R.S.O. 1960,
c. 241, s. 278.
Life lines
to be used
279. The owner or manager shall, when necessary, provide
life lines for the workmen, and it is the duty of the workmen
to wear such life lines at all times, when by so doing the
interests of safety will be advanced. R.S.O. 1960, c. 241,
s. 279.
water sup 1 - ^^^- — ^^) Every place in a mine, where drilling, blasting or
to lay dust other operations produce dust in dangerous quantities, shall
be adequately supplied at all times with clean water under
pressure or other approved appliance for laying, removing
or controlling dust.
water*^^^ (2) A development heading, such as a drift, cross-cut, raise
blast or sub-drift, shall be furnished with an approved water blast
57
41
which shall discharge within an effective distance of the face
being advanced and shall be applied so as to wet the area for at
least fifteen minutes after blasting, and, if such area is not
thoroughly wetted prior to the entry of any person, it shall be
wetted down as soon as possible.
(3) Every multiple compartment raise, or sub-drift from Auxiliary
1 • L • 1 • re • 1 1 r '^^^ supply
such raise benig driven over twenty-nve leet in length from
through-ventilation, or stopes with one entry, shall be provided
with a separate air pipe independent of the air supply to any
machine or drills used therein, and such air supply shall be con-
trolled outside or at the beginning of the heading and the air
shall be turned on by the blaster after he has detonated any
blast in the heading. R.S.O. 1960, c. 241, s. 280, amended.
281. The times for blasting shall be so fixed that the work- ^j^^.j^^""
men shall be exposed as little as practicable to dust and smoke.
R.S.O. 1960, c. 241, s. 281.
operation written
'^ record
282. — (1) Where there is non-continuous shift
in mine areas, the on-coming shift shall be warned of any ab-
normal condition affecting the safety of operations.
(2) Such warning shall consist of a written record over the ^"^^^
signature of a responsible person on the off-going shift and
shall be read and countersigned by the corresponding re-
sponsible person on the on-coming shift before workmen are
permitted to resume operations in the areas indicated in such
record. R.S.O. 1960, c. 241, s. 282.
283. At every mine where persons are employed under- ^j^®*ji^'^"i
ground, a suitable system shall be established and maintained systems
to check in persons who have gone underground and check out
persons who have returned to surface, and it is the duty
of such persons to check in and check out in accordance with
such system. R.S.O. 1960, c. 241, s. 283.
284. Where repair work is in progress in a manway or signs
conditions arise that may endanger travel through the man- repair work
way, it shall be closed off or adequate signs designating its
unfitness for travel purposes shall be posted at all entrances
to it. R.S.O. 1960, c. 241, s. 284.
285.— (1) Diamond -drill holes shall be plotted on all ^riuTJies'
working plans of levels.
(2) When an active mine heading is advancing toward a Guarded
,.,,.,,,, , ,, , . ° . . while
diamond-drill hole, the collar or the nearest points or inter- blasting
section of the hole or both shall be securely closed off or
guarded at all times that blasting is being done within fifteen
feet of any possible intersection of the hole.
57
42
Marked
(3) The collar and any points of intersection of every dia-
mond-drill hole shall be plainly marked at the time that
drilling is discontinued or an intersection made.
\dt™ietter ('^) Such markings shall consist of a single capital letter
"H" "H" in yellow paint measuring twelve inches by twelve inches,
which shall be placed within four feet of the collar or inter-
section. R.S.O. 1960, c. 241, s. 285.
Tailings
used
for fill
286. Where tailings are used for filling worked -out areas
underground, the moisture contained in the tailings and the
liquid draining off therefrom shall not have a higher cyanide
content than .005% expressed as cyanide of potassium.
R.S.O. 1960, c. 241, s. 286.
Examination
of mine
workings
Examination of Mine Workings
and Shaft Inspection
287. The owner or manager of a mine or some authorized
person or persons shall examine daily all parts where drilling
and blasting are being carried on, shall examine at least once
a week the other parts in which operations are being carried
on, such as shafts, winzes, levels, stopes, drifts, cross-cuts and
raises, in order to ascertain that they are in a safe working
condition and shall inspect and scale or cause to be inspected
and scaled the roofs and walls of all stopes or other working
places as often as the nature of the ground and of the work
performed necessitates. R.S.O. 1960, c. 241, s. 287.
Shaft
inspection
288. — (1) The owner or manager of a mine where a hoist
is in use shall depute some competent person or persons whose
duty it is to make an inspection of the shaft at least once each
week, and in addition a thorough examination shall be made
at least once each month of the guides, timber, walls and
hoisting compartments generally of the shaft, and a record of
such inspection and examination shall be made in the Shaft
Inspection Record Book by the person making the examina-
tion.
Shaft
Inspection
Record
Book
(2) Such owner or manager shall keep or cause to be kept
at the mine a book for each shaft termed the Shaft Inspection
Record Book in which shall be recorded a report of every such
examination, as is referred to in this section, signed by the
persons making the examination.
Entries
to be
initialled
(3) Such entries of examinations shall be read and initialled
every week by the person in charge of the maintenance of the
shaft.
57
43
(4) A notation shall be made of any dangerous condition Dangerous
reported and the action taken regarding it over the signature noted
of the person in charge of the maintenance of the shaft.
(5) The Shaft Inspection Record Book shall be made avai
able to an engineer at all times. R.S.O. 1960, c. 241, s. 288.
engineer
Ladderways and Ladders
289. — (1) A suitable footway or ladderway shall be pro- i^^sh Tt^^^^
vided in every shaft and winze. and winzes
(2) In shafts and winzes, no ladder, except an auxiliary ^^t*^,
ladder used in sinking operations, shall be installed in a position
vertical position.
(3) During sinking operations, if a ladder is not maintained opera^fons
to the bottom, an auxiliary ladder that will reach from the
permanent ladders to the bottom shall be provided in such
convenient position that it may be promptly lowered to any
point at which men are working.
(4) Wherever, about shafts and winzes and headframes used Headframes
in conjunction therewith, it is necessary for persons to ex-
amine or inspect appliances installed therein, suitable ladder-
ways or stairways and platforms shall be maintained to permit
such work to be carried out in a safe manner. R.S.O. 1960,
c. 241, s. 289.
290. The footway or ladderway in a shaft or winze shall bltween^
be separated from the compartment or division of the shaft or^^'^^^^yng
winze in which material, conveyance or counterweight is ^™^|''"*'
hoisted by a suitable and tightly-closed partition in the loca-
tion required by section 266, and similarly in the remaining
shaft sections, or by metal of suitable weight and mesh. R.S.O.
1960, c. 241, s. 290.
291. — (1) In a shaft or winze inclined at over 70 degrees Ladderway
from the horizontal or in a headframe used in conjunction over 70°'
with the shaft or winze, substantial platforms shall be built
at intervals not exceeding twenty-one feet in the ladderway
and shall be covered, except for an opening large enough to
permit the passage of a man's body, and the ladders shall be
so placed as to cover this opening in the platform.
(2) In a shaft or winze inclined at less than 70 degrees from under 70°
the horizontal or in a headframe used in conjunction with
the shaft or winze, the ladders may be continuous, but sub-
stantial platforms shall be built at intervals not exceeding
twenty-one feet in the ladderway and shall be covered,, except
57
44
for an opening large enough to permit the passage of a man's
body. R.S.O. 1960, c. 241, s. 291.
When 292. — (1) Stairways may be used in a shaft or winze
permissible inclined at less than 50 degrees from the horizontal.
Hand-rail
(2) All stairways in shafts and winzes shall be equipped
with a suitably-placed hand-rail. R.S.O. 1960, c. 241, s. 292.
Ladderways, 293. — (1) All ladderways in raises, stopes and other man-
workings ways shall be installed and maintained in a workmanlike
manner to reduce to a minimum the hazard of a man falling
therefrom. R.S.O. 1960, c. 241, s. 293 (1).
platforms ^^^ ^" manways inclined at 70 degrees and over, landing
platforms shall be installed at intervals not exceeding twenty-
one feet in the ladderway and the ladders shall be off-set at
the platforms.
Idem (3) In manways inclined at under 70 degrees and over 50
degrees, landing platforms shall be installed at intervals not
exceeding twenty-one feet in the ladderway and the ladders
may be continuous.
Idem
(4) In manways inclined at 50 degrees and under, the ladders
may be continuous and no platforms are required except at
points of off -set. R.S.O. 1960, c. 241, s. 293 (2), amended.
iTdd^ere ^^ 294. Wire rope or strands of wire rope shall not be used or
be allowed to be used for climbing purposes if they are frayed
or have projecting broken wires. R.S.O. 1960, c. 241, s. 294.
foMadTers ^^^- Every ladder shall project at least three feet above
its platform, except where strong hand-rails are provided.
R.S.O. 1960, c. 241, s. 295.
Ladders
296. — (1) Every ladder shall be of strong construction,
shall be securely placed and shall be maintained in good
repair.
Distance,
between
rungs
(2) The distance between centres of rungs of ladders shall
not be greater than twelve inches nor less than ten inches, and
the spacing of rungs shall not vary more than one-half inch
in any ladderway.
from wall (3) In Order to give a proper foothold, the rungs shall in no
case be closer than four inches from the wall of a shaft, winze
or raise or any timber underneath the ladder. R.S.O. 1960,
c. 241, s. 296.
57
45
Haulage
297. — (1) Every locomotive, engine, trolley or motor warning
vehicle used above or below ground shall be equipped with a
suitable audible signal that shall be maintained in proper
working condition.
(2) Except when used in adequately lighted buildings or^^^^^'^sht
areas, every locomotive, engine, trolley or motor vehicle used taii-Ught
above or below ground shall be equipped with a headlight or
headlights that shall be maintained in proper working con-
dition, and motor vehicles used for trackless haulage shall be
equipped with a suitable tail-light or tail-lights that shall be
maintained in proper working condition.
(3) Every self-propelled unit of trackless haulage equip- ^jjg^*^ *o
ment used below ground shall be equipped with suitable lights width
or reflectors that show in the direction of travel the width
of the vehicle. R.S.O. 1960, c. 241, s. 297.
298. Control levers of storage battery and trolley loco- ,^^^troi
motives shall be so arranged that the lever cannot accidentally
be removed when the power is on. R.S.O. 1960, c. 241, s. 298.
299. — (1) The audible signal on a locomotive, engine, ^^^[ni^K^^,
trolley or motor vehicle when used underground or in an to be used
enclosed building shall be sounded when the vehicle starts to
move and at such other times as warning of danger is required.
(2) In mechanical haulage underground, a suitable tail- ^^trafns* ^
light shall be used in conjunction with made-up trains.
(3) The locomotive operating platform shall be provided protect*^
with a suitable seat and an adequate guard for the protection motorman
of the motorman. R.S.O. 1960, c. 241, s. 299.
300. — (1) In mechanical haulage in any level, drift or^'^J'^.^on
... . ,. 11- vehicles
tunnel m or about a mme, no unauthorized person shall ride P'ohibited
on any vehicle.
(2) Special trips for persons only shall be made on approved ^^®"^
vehicles. R.S.O. 1960, c. 241, s. 300.
301. — (1) On every level on which mechanical track ^nd^safe'ty
haulage is employed, a clearance of at least eighteen inches ^t^t'ons
shall be maintained between the sides of the level and the cars
or locomotive, or there shall be a clearance of twenty-four
inches on one side, or safety stations shall be cut every 100 feet.
(2) Such safety stations shall be plainly marked. marking
57
46
Clearance
for
trackless
haulage
(3) On every level on which mechanical trackless haulage
equipment is employed, a minimum total clearance of five feet
shall be maintained between the sides of the haulageway or
workings and the mechanical equipment.
Idem,
plus
pedestrian
travel
(4) On every level regularly used both for pedestrian traffic
and trackless haulage where there is a total minimum clear-
ance of less than seven feet, safety stations shall be cut at
intervals not exceeding 100 feet and they shall be plainly
marked.
Trave^ways (5) ^11 regular travelways shall be maintained clear of
obstructions debris or obstructions that are likely to interfere with safe
travel. R.S.O. 1960, c. 241, s. 301.
U'^attended 392. No haulage locomotive or trackless haulage equip-
or trackless ment shall be left unattended unless the controls have been
placed in the neutral position and the brakes have been set.
R.S.O. 1960, c. 241, s. 302.
Shaft Hoisting Practice
a^'tomafic'^ 303. — (1) The hoisting of men or material in mine shafts
control \yy automatic control is subject to the approval of the chief
engineer.
Idem
(2) Where a hoist is being operated by automatic control
and no other means of hoisting men is provided, there shall
be available a man qualified to operate the hoist manually
when men are underground. R.S.O. 1960, c. 241, s. 303,
amended.
Swerm ^^'^ 304.— (1) Where steel, timber or other material is being
material raised or lowered in a shaft conveyance, it shall be loaded
in such a manner as to prevent it from shifting its position,
and, if necessary, it shall be secured to the conveyance.
Long
material
properly
secured
(2) When such material projects above the sides of the
conveyance, it shall be securely fastened to the conveyance
or lashed to the hoisting rope in such a manner as not to
damage the rope. R.S.O. 1960, c. 241, s. 304.
menifto^be ^^^- Where a crosshead is not used in a vertical shaft or
lined where winze, the compartment in which the bucket works shall be
CI*OSSll63.Ci
not used closely lined with sized lumber. R.S.O. 1960, c. 241, s. 305.
Level of
load in
bucket
or skip
306. In the course of sinking a shaft or winze, the bucket
or skip shall be filled only in such a manner that no piece of
loose rock projects above the level of the brim. R.S.O. 1960,
c. 241, s. 306.
57
47
307. In shaft-sinking operations, where the hoisting speed ^gjf^/n ^
exceeds 1,000 feet per minute, men shall ride in the bucket buckets
above the bottom crosshead stop. R.S.O. 1960, c. 241, s. 307.
308. — (1) During sinking operations in a shaft or winze. Lowering
the bucket or skip used for returning men to the working place blast
following a blasting operation shall not be lowered on the
initial trip beyond the point where, owing to the blast, it may
be unsafe to go without a careful examination, and in no case
shall the point be less than fifty feet above the blasting set or
bulkhead.
(2) The bucket or skip shall be lowered from such point ^*^®"^
only on signal from the men accompanying it and at such
speed as to be fully under control, by signal, of such men,
(3) Only sufficient men shall be carried on such a trip as are idem
required to properly conduct a careful examination of the
shaft or winze. R.S.O. 1960, c. 241, s. 308.
309. In the course of sinking a shaft or winze, the bucket ^"^cket^or^
or skip shall not be lowered directly to the bottom but shall be lowered
be held at least fifteen feet above and shall remain there until to face
a separate signal to lower it has been given by a properly
authorized person. R.S.O. 1960, c. 241, s. 309.
310. No bucket shall be allowed to leave the top or bottom be"s^ead*ied
of a shaft or winze until the workman in charge of it has
steadied it or caused it to be steadied. R.S.O. 1960, c. 241,
s. 310.
311. — (1) In the course of sinking a shaft or winze. Protection
. . . . from
adequate provision shall be made and maintained to ensure dumping
the impossibility of the bucket or skip being dumped while
the dumping doors are open or other means applied to prevent
spillage from falling into the shaft or winze.
(2) The design of a device for this purpose shall be sub-J^®^'^'^
mitted for the approval of the mechanical engineer before ^pp''^^®'^
such device is installed.
(3) A door or doors to cover the sinking compartments ^°er *°
shall be maintained at the collar or other point of service of ^^"'^^'^s ^°^-
every shaft or winze while sinking is in progress.
(4) Such door or doors shall be kept closed at all times that^^°^ ijading
tools or material are being loaded into or unloaded from the ''"<^'^®*^
bucket or skip at the collar or other point of service of every
shaft or winze, except when the bucket or skip is unloaded by
dumping arrangements as provided for in subsections 1 and 2.
57
48
Door closed (5) fhe door or doors shall be closed when men are loaded
when men , , , , r 1 1 /-n 1
loaded or unloaded, except where a saiety crosshead nils the compart-
ment at the collar or other point of service. R.S.O. 1960,
c. 241, s. 311.
Cage for
handling
men
312. Except during sinking operations, whenever a mine
shaft or winze exceeds 300 feet in vertical depth, a suitable
cage or skip constructed as required by sections 338 and 339
shall be provided for lowering or raising men in the shaft or
winze. R.S.O. 1960. c. 241, s. 312.
Cage doors
to be closed
Idem
313. — (1) No person shall travel or be permitted to travel
in a cage at any time, except during shaft inspection, unless
the doors of the cage are securely closed.
(2) The cage doors shall not be opened until a full stop has
been made at the point or station signalled for, except during
trips of inspection, but, in the case of an inadvertent stop at a
point in the shaft or winze, other than a station, the cage doors
may be opened and the men may leave the cage on instructions
to do so by a properly authorized person. R.S.O. 1960, c. 241,
s. 313.
Operation
of chairs
314. — (1) Where chairs are used for the purpose of landing
a shaft conveyance at a point in a shaft or winze, except
when hoisting in balance from that point, the chairs shall not
be put into operation unless the proper chairing signal has
been given to the hoistman.
Idem (2) Chairs shall not be used when men are handled.
1960, c. 241, s. 314.
R.S.O.
Hoisting
men and
material
simul-
taneously
315. — (1) No person shall travel or be permitted to travel
in a bucket, cage or skip operated by a hoist that is being
simultaneously used for the hoisting of mineral or material,
except as provided for in clause c of section 316. R.S.O.
1960, c. 241, s. 315 (1).
in approved (^) ^^ person shall be hoisted or lowered, or permit himself
conveyances to be hoisted or lowered, in a shaft or other underground
opening except in an approved raise climber, or a scaling
platform, or in an approved hoisting conveyance as provided
for in section 316, but this prohibition does not apply where
men are raised or lowered by hand by suitable means as in
construction, maintenance or repair work. R.S.O. 1960,
c. 241, s. 315 (2), amended.
pereo'ns not ^l^. No person shall be lowered or hoisted or allow him-
hoisted ^^^^ ^^ ^^ lowered or hoisted in a shaft, winze or other under-
ground opening.
57
49
(a) in a bucket or skip, except that men employed in
shaft sinking may ascend and descend to and from
the sinking deck or other place of safety and the men
employed in shaft inspection and maintenance may
be hoisted and lowered in the shaft by means of
such conveyance;
(b) in a cage or skip that does not meet the requirements
of sections 339 and 341, except as provided for in
clause a of this section or section 340;
(c) in a cage, skip or bucket that is loaded with powder,
steel, timber or other material or equipment, except
when the presence of such person is necessary for
the purpose of handling such material;
(d) in a cage, skip or bucket carrying powder, steel,
equipment or material, unless the same is adequately
secured, but nothing in this clause prohibits men
from carrying personal hand tools or equipment ap-
proved by the district engineer in a conveyance if
such tools or equipment are properly protected with
guards and the conveyance is not overcrowded;
(e) except during shaft-sinking operations or shaft in-
spection and maintenance operations, in any shaft
conveyance, unless the shaft conveyance is in charge
of a person properly authorized to act as cagetender
or skiptender. R.S.O. 1960, c. 241, s. 316.
317. Except in the course of sinking a shaft, no person Use of
shall enter or be allowed to enter a shaft conveyance, or work if drurrf"'^^
upon or under a shaft conveyance, when the corresponding ""^''"*^'*^®'^
drum of the hoist is unclutched, unless the conveyance is first
secured in position by chairing or blocking. R.S.O. 1960,
c. 241, s. 317.
318. — (1) In this section, Interpre-
^ ^ ' tation
(a) "authorized maximum load of men" means the total
weight of men permitted by the district engineer to
ride at any time in the shaft conveyance;
(b) "maximum allowable weight" means the maximum
weight permitted by this Act to be attached to the
rope in service or the maximum weight attached to
the rope that the hoist is capable of handling, which-
ever is the lesser.
57
50
Weighty by ^^^ ^^^ weight that a hoist is capable of handling shall be
manu- that Set out in the manufacturer's specifications or approved
IcLC t U TQT - 'il "l"1* "
by an independent competent mme hoist design engineer.
Certificate
re maximum
loads
(3) In case a hoisting rope is used for the raising and
lowering of both men and materials, the weight attached to
the rope in the former case, when the bucket, cage or skip is
bearing its authorized maximum load of men, shall not exceed
85 per cent of the maximum allowable weight when the rope
is in use for other purposes, and the owner or manager shall
obtain from the district engineer resident in the district a
certificate in writing setting out the maximum loads of both
men and materials that may be carried in the shaft convey-
ance before men are so carried. R.S.O. 1960, c. 241, s. 318
(1-3).
Friction
hoists
(4) For friction hoists, the conveyance man-load shall be
determined as follows: 0.85 (maximum material load plus
the weight of the conveyance) minus the weight of the con-
veyance. New.
certificate (^) ^^^ district engineer may issue the certificate referred
issued to in subsection 3 if he is satisfied that the hoisting installation
and signalling equipment meet the requirements of this Act.
R.S.O. 1960, c. 241, s. 318 (4).
re^moiorf (^^ ^ Certificate stating the maximum allowable suspended
hoists load and the maximum allowable unbalanced load rating shall
be obtained from the manufacturer for friction hoists.
Determina-
tion of
maximum
material
load
(7) The maximum material-load allowed on the conveyance
of a friction hoist shall be determined from the lesser of the
following calculations:
1. Maximum allowable suspended load on the hoist,
less the weight of the hoisting ropes, less the weight
of tail ropes, less the weight of the conveyances and
the attachments.
2. The breaking strength of the rope, divided by the
required factor of safety, minus the maximum
weight of rope suspended in one compartment,
minus the weight of the conveyance and attachments
in that compartment; and, where multiple ropes are
used, the lowest breaking strength of any rope shall
be used for all ropes in load calculations.
3. The unbalanced load on the hoist as rated by the
manufacturer, which shall not be exceeded.
57
51
4. The maximum allowable load on any conveyance,
which shall not be greater than that for which the
conveyance was rated by the manufacturer. New.
Conveyance Notices and Discipline
319. — (1) A notice showing clearly the number of persons Notice^to
allowed to ride on and the weight of materials allowed to be
loaded on the conveyance, as referred to in subsection 3 of
section 318, shall be posted and maintained at the collar of
the shaft or winze.
(2) The person authorized to give signals is responsible for ^^^^^.p^"^'"
observance of such notice. R.S.O. 1960, c. 241, s. 319.
320. — (1) When persons are being hoisted or lowered in aOp®")-'^'^*^^'
, . Ill 1 • discipline
cage or skip, no person, other than the cagetender or skip-
tender, shall have a burning open-flame lamp of any kind,
except that, for shaft inspection or similar purposes, a sufficient
number of lighted lamps shall be permitted.
(2) At all times that men are being hoisted or lowered in^^^^tained
a cage or skip, there shall be maintained a proper discipline
of persons riding on that cage or skip.
(3) No person shall offer obstruction to the enforcement of of notice
the requirements of loading of conveyances under subsection 1
of section 319 or this section. R.S.O. 1960, c. 241, s. 320.
Signals
321. Every working shaft shall be provided with a suitable l^l^^^i^
means of communicating by distinct and definite signals to
the hoist room from the bottom of the shaft, from every
working level, from the collar and from every landing deck.
R.S.O. 1960, c. 241, s. 321.
322. A separate, audible signal system shall be installed ^I'^^^^f^j.
for the control of each hoisting conveyance operated from a®^^^^^^"
single hoist, and there shall be a sufficient difference in the
signals to the hoistman that they are easily distinguishable.
R.S.O. 1960, c. 241, s. 322.
3)22). Where an electrical signal system is installed, the Return
hoistman shall return the signal to the person giving the
signal when men are about to be hoisted or lowered. R.S.O.
1960, c. 241, s. 323.
324. No device for signalling to or communicating with Special
the hoistman shall be installed or operated in or on any shaft permission
•1 1 • •• rii-r for
conveyance without the written permission ot the chiei
engineer. R.S.O. 1960, c. 241, s. 324.
57
52
Cage call 325. No Cage call system communicating with the hoist-
room shall be installed or used at a shaft or winze. R.S.O.
1960, c. 241, s. 325.
Code^of 326. — (1) The following code of signals shall be used at
every mine and a copy of such code shall be printed and kept
posted in every hoist room and at every level or other recog-
nized landing place in every working shaft or winze:
1 bell Stop immediately — if in motion (Executive
Signal).
1 bell Hoist (Executive Signal).
2 bells. . . .Lower (Executive Signal).
3 bells Men travelling in hoisting conveyance (Cau-
tionary Signal). This signal shall be given by
the conveyance tender at all levels before any
person, including the conveyance tender, is
permitted to enter or leave the conveyance.
Where a stop exceeds one minute, the 3-bell
signal shall precede the next destination signal.
Where a return-bell signal system is installed,
the hoistman shall return the 3-bell signal
before any person is permitted to enter or
leave the conveyance.
4 bells. . . . Blasting Signal. The hoistman shall answer by
raising the bucket, cage or skip a few feet and
letting it back slowly. Following a 4-bell sig-
nal, only a 1-bell signal shall be required to
signal for hoisting men away from a blast and
the hoistman shall remain at the controls until
the act of hoisting has been completed.
5 bells .... Release Signal. The hoistman may act at his
own discretion to perform any movement, or
series of movements, involving the conveyance
or conveyances designated by the destination
signals referred to in section 327. Where a
return-signal system is installed, the hoistman
shall return the signals and may then act at
his own discretion. On the completion of
the necessary movements, he shall not move
the hoist again until he has received a new
signal.
9 bells. . . .Danger Signal (Special Cautionary). To be
given only in case of fire or other danger. The
signal for the level at which the danger exists
should be given following the giving of the
danger signal.
57
1
53
(2) The following method and order shall be observed in Method and
... , ° order of
giving Signals: signals
1. Strokes on the bell shall be made at regular intervals.
2. Signals shall be given in the following order: 1st,
Cautionary Signals; 2nd, Destination Signals; 3rd,
Executive Signals. R.S.O. 1960, c. 241, s. 326.
327. — (1) At every mine, other signals, termed destination special
signals, in conjunction with the code referred to in subsection 1 ^^^^^ ^
of section 326 shall be used to designate all regular stopping
points.
(2) Special signals shall be used to designate all special signals for
. . ^ ^ ° ^ movements
hoisting movements.
(3) All such signals shall be easily distinguishable from the standard
foregoing code and shall not interfere with it in any way and ^gnli code
shall follow the Department's standard mine signal code, and
any deviation therefrom shall be approved by the chief
engineer.
(4) Such destination signals and other special signals ap- Destination
proved for use at every mine and an adequate description of^^^"^^^
their application to the movements required shall be posted
at every hoist, at the top of the shaft or winze and at every
working level of the shaft or winze. R.S.O. 1960, c. 241, s. 327.
328. — (1) The hoistman shall not move the hoisting con-Hoistman
veyance within a period of ten seconds after receiving a signal move'con-
designating a movement at any time that men are carried, veyance
(2) In case he is unable to act within one minute of the time if unable
he has received any complete signal, he shall not move the ^th^i*i7one
hoisting conveyance until he has again received another com-"^^"^"*®
plete signal. R.S.O. 1960, c. 241, s. 328.
329. — (1) After a hoistman has received a 3-bell signal, he 3-beii signal
shall remain at the hoist controls until he has received the
signal designating the movement required and has completed
that movement.
(2) After he has commenced the movement, he shall com- idem
plete it without interruption, unless he receives a stop signal
or in case of great emergency. R.S.O. 1960, c. 241, s. 329.
330. The hoistman shall remain at the hoist controls at Hoistman
all times the hoist is in motion, except when the hoist is oper- at controls
ating under automatic control. R.S.O. 1960, c. 241, s. 330.
57
54
Notice re
talking to
hoistman
Signal
required
331. Except in case of emergency, no one shall speak to
the hoistman while the hoist is in motion, and a sign to this
effect plainly visible to anyone approaching the hoist controls
shall be kept posted at all times. R.S.O. 1960, c. 241, s. 331.
332. Under no circumstances shall the hoisting conveyance
be moved by the hoistman until he has received a proper signal,
except that, in the event of an inadvertent stop at some point
in the shaft or winze, other than at a station from which a
signal may be given, the hoistman may move the conveyance
when he has assured himself that the hoist controls are in
proper working order and when hoisting or lowering men he
has received instructions from a properly authorized person.
R.S.O. 1960, c. 241, s. 332.
authorized ^^^- — ^^^ "^^ person, unless duly authorized, shall give
person to any signal for moving or stopping the bucket, cage or skip.
Idem (2) No unauthorized person shall give any signal, other
than the danger signal, or in any way whatsoever interfere
with the signalling arrangements. R.S.O. 1960, c. 241, s. S33.
Only author- (3) No person, unless duly authorized, shall operate any
may operate equipment for controlling the movement of the hoist or
interfere with such equipment in any way. R.S.O. 1960,
c. 241, s. 334.
?o°mmunica- ^^4. Except during shaft-sinking operations, a system shall
tion be installed in all active shafts to provide voice communication
between the collar and regular landing places. New.
Position of
conveyance
335. No signal shall be given unless the bucket, cage or
skip is at the level from which the signal is to be given. R.S.O.
1960, c. 241, s. 335.
Sinking Equipment
^^sshead 336.— (1) After a depth of 300 feet below the sheave has
required been attained in the sinking of a vertical shaft or winze, a
suitable bucket and crosshead, as referred to in subsection 2
and in section 337, shall be used.
susp^ension. (2) When a closed type of crosshead is not used, the bucket
shaped shall be barrel-shaped and shall be suspended by the upper
^"'^^* rim. R.S.O. 1960, c. 241, s. 336.
fppliance on ^^^' — (1) ^'^ sinking crossheads shall be provided with a
crosshead safety appliance of a design approved by the mechanical
engineer for attaching the bucket to the crosshead, so con-
structed that the crosshead cannot stick in the hoisting
compartment without also stopping the bucket. R.S.O. 1960,
c. 241, s. 337 (1).
57
55
(2) All crossheads shall be of a design approved by the Approval
mechanical engineer. R.S.O. 1960, c. 241, s. 337 (2), amended.
Shaft Conveyances, Construction and Operation
338. — (1) No cage or skip shall be used for the raising or Protection
lowering of persons unless it is so constructed as to prevent in shaft
- , , , r • I • ,1 • r conveyances
any part oi the body oi a person ridnig therein trom ac-
cidentally coming into contact with the timbering or sides of
the shaft or winze.
(2) Permission shall be obtained from the chief engineer Permission
If 1-- iri • •• • ir necessary
before a skip is used tor lowering or raising men in a shaft or to handle
,. -i. • • •, men in skip
Winze, except during sinking, inspection or maintenance oper-
ations. R.S.O. 1960, c. 241, s. 338.
339. All cages or skips for lowering or raising men shall ^jP^|*^^°*^°"
comply with the following: and skips,
1. The hood shall be made of steel plate not less than
three-sixteenths of an inch in thickness or of a ma-
terial of equivalent strength.
2. The cage shall be provided with sheet-iron or steel
side casing not less than one -eighth of an inch in
thickness or of a material of equivalent strength,
and the casing shall extend to a height not less than
five feet above the floor of the cage.
3. The cage shall be equipped with doors made of
suitable material that extend to a height not less
than five feet above the floor.
4. The doors shall be so arranged that it is impossible
for the doors to open outward from the cage.
5. Doors shall be fitted with a suitable latch and shall
have a minimum clearance at the bottom.
6. The safety catches and mechanism shall be of suffi-
cient strength to hold the shaft conveyance with its
maximum load at any point in the shaft and shall
be of a type the design and performance of which are
approved by the chief engineer.
7. Such approval shall not be considered until the safety
catches and mechanism are found to function satis-
factorily under load conditions during such number of
tests as are required by the chief engineer, each test
to consist of suddenly releasing the shaft conveyance
57
56
in a suitable manner under maximum loading con-
ditions for persons so that the safety catches will
have the opportunity to grip the guides when the
conveyance is descending at maximum speed.
8. A report of such tests and drawings of the safety
catches and mechanism shall be sent in duplicate to
the chief engineer, who may require such further
information or tests as he deems necessary.
9. Before a shaft conveyance equipped with an approved
type of safety catches and mechanism is first used for
the purpose of lowering or hoisting men, the safety
catches and mechanism shall be found to function
efficiently according to the requirements of the
mechanical engineer during a test under the same
conditions as set out in paragraph 6, and a permit for
the use of the conveyance for hoisting and lowering
men shall be obtained from the district engineer.
R.S.O. 1960, c. 241, s. 339, pars. 1-9.
10. A notation of such test shall be entered in the
Hoisting Machinery Record Book and two copies
of the report shall be sent to the mechanical engineer.
R.S.O. 1960, c. 241, s. 339, par. 10, amended.
11. A shaft conveyance previously permitted for use by
the district engineer for the purpose of lowering or
hoisting men on which alterations or repairs to the
safety catch mechanism necessary to rectify any
distortion of the mechanism from its proven satis-
factory position are made shall not be put to such
use until the safety catch and mechanism have been
found to function efficiently according to the require-
ments of the mechanical engineer during a test made
under the same conditions as set out in paragraph 6
and the district engineer has again issued permission
for the use of the conveyance for such purpose.
R.S.O. 1960, c. 241, s. 339, par. 11.
12. A notation of such test shall be entered in the
Hoisting Machinery Record Book and two copies
of the report shall be sent to the mechanical engineer.
R.S.O. 1960, c. 241, s. 339, par. 12, amended.
13. A certificate of load capacity of the conveyance and
attachments, which shall include the weight of the
tail rope, if any, or other suspended load, shall be
obtained from the manufacturer and made available
to the mechanical engineer.
57
57
14. Devices for attaching the conveyance to the rope
shall have a factor of safety of not less than 10.
15. The bales and suspension gear of all shaft con-
veyances shall be cleaned and thoroughly inspected
at least once in every twelve months and a record
of such inspection shall be made in the Hoisting
Machinery Record Book. New.
340. The chief engineer may give permission in writing Hoisting
for hoisting men without safety catches if he is satisfied that^Vety"
the equipment and conditions are such that maximum saf ety ^^**^^®^
is provided. R.S.O. 1960, c. 241, s. 340.
341. The cage shall not have chairs attached to it that operating
are operated by a lever or a chain through or from the floor fever^ ^
of the cage. R.S.O. 1960, c. 241, s. 341.
342. When chairs are used for the purpose of landing aAutoniatio
shaft conveyance at any point in a shaft or winze, other than of chairs
at the lowest point of travel for a skip, they shall be so ar-
ranged that they automatically fall clear and remain clear of
the hoisting compartment when the cage or other conveyance
is lifted off. R.S.O. 1960, c. 241, s. 342.
343. The bucket and any device such as the bale, safety Bales, safety
13.1/01168 ©tc
latch or other attachment to the bucket shall be of a design
approved by the chief engineer. R.S.O. 1960, c. 241, s. 343.
Hoisting Procedure
344. — (1) If at the commencement of a shift there has been Hoisting
a stoppage of hoisting in a shaft for a period exceeding two stoppages
hours duration, no regular hoisting shall be done until the
shaft conveyance has made one complete trip through the
working part of the shaft or, where shaft repairs have been
made, a return trip of the shaft conveyance has been made
through and below the affected part of the shaft. R.S.O.
1960, c. 241, s. 344 (1), amended.
(2) The hoistman shall record all such stoppages and trips Record of
in the Hoistman's Log Book. R.S.O. 1960, c. 241, s. 344 (2)/*°^^^^^^
345. Where a hoist is equipped with an auxiliary overwind Auxiliary
device for preventing men from being hoisted to the dumping
position in skips or in skips of skip-cage assemblies as re-
quired in section 590, the hoistman shall place the device in
operation or assure himself that it is in operation at all times
that men are handled. R.S.O. 1960, c. 241, s. 345,
57
58
Obstructions 345 Where obstructions such as those referred to in section
558 may exist, the hoistman shall not hoist or lower the shaft
conveyance without proper authority. R.S.O. 1960, c. 241,
s. 346.
Testing
overwind
devices
347. All overwind and underwind devices shall be tested
at least once during every twenty-four hours and a record of
the test shall be posted immediately in the Hoistman's Log
Book. R.S.O. 1960, c. 241, s. 347.
Brakes to
be tested
348. — (1) The operator of a hoist shall, after going on shift
and before a conveyance is raised or lowered, assure himself
that the brake or brakes are in proper condition to hold the
loads suspended on the corresponding drum or drums by
testing the brakes of the drums against the normal starting
power of the engine or, in the case of an electric hoist, against
the normal starting current.
Drum
not to be
unclutched
(2) The operator of a hoist shall not unclutch a drum of the
hoist until the test mentioned in subsection 1 has been made.
R.S.O. 1960, c. 241, s. 348.
Friction
clutches
349. — (1) Where a hoist is fitted with a friction clutch, the
operator shall, after going on shift and before a conveyance
is raised or lowered, test the holding power of the clutch,
the brake of the corresponding drum being kept on and the
brake of the other drum being kept ofT.
Idem
Use of brake
•when drum
unclutched
(2) In the case of a steam or air hoist, the test mentioned in
subsection 1 shall be made against the normal starting power
of the engine and, in the case of an electric hoist, against the
normal starting current. R.S.O. 1960, c. 241, s. 349.
350. When the drum of a hoist is unclutched, the brake
of the drum shall be used only for the purpose of maintaining
the drum in a stationary position, and no lowering shall be
done from an unclutched drum. R.S.O. 1960, c. 241, s. 350.
to*be"kepM^ 351. When men are in a hoisting conveyance, the corre-
sponding drum of the hoist shall be kept clutched in. R.S.O.
1960, c. 241, s. 351.
Hoistman's
Log Book
Hoistman's Log Booh
352. — (1) At every shaft or winze hoist, there shall be
kept a Hoistman's Log Book in which the following shall be
recorded :
1. A report of the working condition of the hoist,
including the brakes, clutches, interlocking devices
between the brake and clutch, depth indicators and
57
59
all other devices and fittings pertaining to the safe
operation of the hoist.
2. A report of the working condition of the signalling
apparatus and a notation of any signals received by
the hoistman, the accuracy of which he has ques-
tioned.
3. Any special instructions received involving the safety
of persons, such entry to be signed by the hoistman
and by the person issuing the instructions.
4. A report of the tests of the overwind and underwind
devices.
5. Where the required tests of the overwind and under-
wind devices are conducted by a hoistman operating
on another shift, the hoistman assuming duty shall
note over his signature that he has examined the
entry in the log book of the hoistman who performed
the tests.
6. A report of all abnormal circumstances in connection
with the operation of the hoist or attachments
thereto and such abnormal conditions as have come
to the hoistman's knowledge in connection with the
hoisting operations in the shaft or winze.
7. A report of all trial trips referred to in sections 344
and 382.
(2) A notification to the hoistman on a succeeding period idem
of duty of any special circumstances or matter affecting the
continued operation of the hoist or the safety of persons in
the shaft or winze shall be made in the Hoistman's Log Book.
(3) All such entries shall be countersigned by the hoistman idem
assuming duty for the succeeding period.
(4) Such entries as are required by this section shall be idem
made and signed by every hoistman for his period of duty on
a shaft or winze hoist and the time and duration of his period
of duty shall also be noted, and such entries as have been
made during the preceding twenty-four hours shall be read
and signed each day by the master mechanic or other author-
ized person. R.S.O. 1960, c. 241, s. 352.
Hoist Brakes
353. — (1) Every device used for hoisting from mine work- ]?'"^^.®«^
ings shall be equipped with a brake or brakes that may be
applied directly to each drum so as to readily stop and hold the
drum when it is carrying its maximum load.
57
60
Arranged (2) The brakes shall be so arranged that they can be tested
separately separately and, whether the hoist is at work or at rest, can
be easily and safely manipulated by the hoistman when at
the levers controlling the hoist.
Not
operated
by foot
(3) No hoist used for raising or lowering persons or for
shaft sinking shall be equipped with a brake or brakes operated
by means of a hoistman's foot, unless such brake is an auxiliary
electrical device.
Adjustments
to be
maintained
Loss of
brake
pressure
(4) The adjustments of the brake or brakes and brake
mechanism shall be maintained in such condition that the
brake lever or any other part of the brake mechanism will
not come to the limit of travel before the normal power of
the brake or brakes is applied. R.S.O. 1960, c. 241, s. 353
(1-4).
(5) All brake engines shall be so equipped that, in the
event of inadvertent or accidental loss of pressure in the brake
system, the brakes may be applied. R.S.O. 1960, c. 241,
s. 353 (5), amended.
moHon""^ (6) The brakes for a friction hoist shall be designed, ad-
hoists justed and maintained to safely stop and hold the conveyance
under all conditions of loading, direction of travel and speed.
New.
Brakes
(7) At all times that men are in or on a shaft hoisting con-
veyance, the hoist shall be equipped with more than one brake,
each capable of stopping and holding the drum or drums in
use, except that, in shaft inspection, maintenance or sinking
operations, men may be in or on a shaft hoisting conveyance
attached to the fixed or clutched-in drum when changing
balance.
Automatic (g) At least one of the brakes required shall be arranged
operation "- ' . ... ^. . rir
for automatic application upon operation of any of the safety
R.S.O. 1960. c. 241, s. 353
devices for brake application.
(6, 7).
famlfg"^ °f (9) In a brake system where weights are used to furnish
weights auxiliary pressure on loss of air, the weights shall be tested at
least once every twenty-four hours to ensure their freedom of
movement. New.
air^ or^ s1;eam ^^^^ ^" ^^^ ^^^^ °^ single drum air or steam driven hoists,
automatic valves to control engine compression, arranged for
operation by the safety devices, may serve as a brake.
Idem
(11) The arrangements mentioned in subsection 10 are sub-
ject to the approval of the mechanical engineer. R.S.O. 1960,
c. 241, s. 353 (8, 9).
57
61
Hoist Clutches
354. The device for operating the clutch of the <i''um ciutch-
shall be provided with adequate means to prevent the in- arrangement
advertent withdrawal or insertion of the clutch. R.S.O.
1960, c. 241, s. 354.
355. The brake and clutch operating gear shall be so interlocking
installed that it will not be possible to unclutch a drum unless dutch
the brake or brakes on the drum are applied, nor shall it be
possible to release the brake or brakes until the clutch of the
drum is engaged. R.S.O. 1960, c. 241, s. 355.
Hoist Drums
356. Such bolts and other fittings of the drums, brakes and frum^parts
clutches as might be a danger in the event of their becoming
loosened shall be rendered secure by means of suitable locking
devices other than spring lockwashers. R.S.O. 1960, c. 241,
s. 356.
357. On the drum of every hoist used for lowering or supping
raising persons, there shall be flanges and also, if the drum is on drum
conical, such other appliances as are sufficient to prevent
the rope or cable from slipping off. R.S.O. 1960, c. 241, s. 357.
358. — (1) In all hoist installations, the dimensions of the Suitability
drum or drums shall be suitable for the kind, diameter and drum for
length of the rope in service. ^°^^
(2) The diameters of the hoist drums shall be large enough ^^e4es^
to prevent the occurrence of unduly large bending stresses in in rope
the rope.
(3) Where multiple-layer winding is used, proper arrange- Rope risers
ments shall be made and maintained to permit the rope to rise
evenly from one layer to another and to wind properly with-
out cutting down through anv lower layer. R.S.O. 1960,
c. 241, s. 358.
359. — (1) On and after Tune 15, 1948, in all installations Drum hoist
, 1 • 1 , 1 • , ^•r • r • • installation
oi newly-acquired drum hoists and modincations of existing
hoists designed to increase the load ratings of the hoist,
(a) all hoist drums over sixty inches in diameter shall
have grooving properly machined to fit the rope used,
except that, in the case of shaft sinking, preliminary
development operations and operations of a tem-
porary nature, hoists with plain drums may be used;
57
62
(b) the drums shall have sufficient rope-carrying ca-
pacity to permit hoisting from the lowest regular
hoisting point to the highest point of travel in the
shaft without the necessity of winding more than
three layers of rope on the drum;
(c) the diameter of a hoist drum .shall not be less than
80 times the diameter of the hoisting rope in use
when the diameter of the rope is greater than one
inch and shall not be less than 60 times the di-
ameter of the rope in use when the diameter of the
rope is not greater than one inch, except that, in the
case of shaft-sinking and preliminary development
operations,
(i) a hoist may be used having a drum whose
diameter is not less than 60 times the di-
ameter of the hoisting rope in use when the
diameter of the rope is greater than one inch,
and
(ii) a hoist may be used having a drum whose
diameter is not less than 48 times the diameter
of the hoisting rope in use when the diameter
of the rope is not greater than one inch; and
{d) the hoist and the head sheaves shall be so located in
relation to one another as to permit the proper
winding of the rope on the hoist drum. R.S.O. 1960,
c. 241, s. 359, amended.
location °^ (2) In any change of location of a hoist installed prior to
the coming into force of this section, the requirements of
clause b of subsection 1 apply.
(3) In friction hoist installations,
(a) the drum diameter shall not be less than 80 times
the diameter of the rope;
(b) the hoist drive, control and brakes shall be so
designed and maintained that slippage of the rope
on the drum will not occur under normal operating
conditions; and
(c) the rope treads shall be inspected regularly and
maintained in good condition. New.
Friction
hoist
installations
Head
sheaves
Sheaves
360. — (1) Head sheaves shall be of such diameter as is
suited to the rope in use and shall be machined properly to
fit the rope.
57
63
(2) The diameter of a head sheave shall be determined by Diameter
clause c of subsection 1 of section 359 as required for the hoist
drum. R.S.O. 1960, c. 241, s. 384.
(3) The deflection sheaves shall be inspected weekly and sheaves°"^
the results recorded in the Hoisting Machinery Record Book.
New.
Overwinding, etc. — Air and Steam Hoists
361. In the case of steam or air hoists, where the depth oi^nd^^ridtr-
the shaft is greater than 300 feet or the hoisting speed is p^^ot^e^tion
greater than 350 feet per minute, or in the case of a hoist for air or
designated by a mechanical engineer, there shall be provided
suitable overwind and underwind protection for the hoisting
conveyance, except that, in shaft-sinking, inspection and
maintenance operations, the underwind protection may be
dispensed with. R.S.O. 1960, c. 241, s. 360.
362. At all air or steam hoists, there shall be installed ^^"j^f^^^
within plain view of the operator a gauge to indicate the air
or steam pressure. R.S.O. 1960, c. 241, s. 361.
Indicators
363. — (1) Every hoist shall, in addition to any marks on indicator
the rope or drum, be provided with a reliable depth indicator
that will clearly and accurately show to the operator,
{a) the position of the bucket, cage or skip;
{b) at what positions in the shaft a change of gradient
necessitates a reduction in speed; and
(c) the overwind or underwind position of the shaft
conveyance or counterbalance. R.S.O. 1960, c. 241,
s. 362 (1), amended.
(2) Hoist depth indicators shall be driven by a reliable operation
means. R.S.O. 1960, c. 241, s. 362 (2). of indicator
(3) Means shall be provided on a friction hoist to adjust Means to
the depth indicators and protective devices on the hoist to the indicator on
position of the conveyance in the shaft. New. hoist^"^
Special Testing
364. — (1) The specifications of the hoist and equipment specifica-
and the general arrangement of the headframe shall be ap- required
proved by the chief engineer. New.
57
64
Tests (2) Before a new hoisting installation is put in service,
tests shall be conducted to prove its compliance with this
Act. R.S.O. 1960, c. 241, s. 363 (1), amended.
Record kept (3) A record of such tests and the results obtained shall
be kept on file and made available to an engineer. R.S.O.
1960, c. 241, s. 363 (2).
Special
testing by
mechanical
engineer
(4) If the mechanical engineer deems it necessary, he may,
after consultation with the manager, conduct or require to be
conducted specific tests of the efficiency of all brakes, clutches,
overwind devices or other hoist controls. R.S.O. 1960,
c. 241, s. 364.
Tapered Guides, etc.
protection ^^^- ^^ ^ friction hoist installation, tapered guides or other
approved devices shall be installed above and below the limits
of regular travel of the conveyance, arranged so as to brake
and stop an overwound or underwound conveyance in the
event of failure of other devices. New.
Examination
^^hoi'sting^'^ ^^^* ^^^ owner or manager of a mine where a hoist is in
equipment use shall depute some competent person or pensons whose duty
required .. ^. , ^ . ^ , ^
it is to examine at least once in each week,
(a) sheave wheels;
(b) attachments of the hoisting ropes to the drums and
to the counterweights, buckets, cages or skips;
(c) brakes;
(d) interlocks;
(e) depth indicators;
(/) buckets;
(g) counterweights;
{h) cages;
(i) skips;
(j) external parts of the hoist;
(k) mechanical hoisting signalling equipment, if any;
57
65
(/) shaft dumping and loading arrangements;
(m) sinking doors and blasting sets, and any attachments
thereto; and
(w) attachments to any cage, skip or bucket for any
underslung regularly-used equipment,
and to record the report of such examination in a book called
the Hoisting Machinery Record Book. R.S.O. 1960, c. 241,
s. 365.
Hoist Loading
367. — (1) No drum hoist shall be used that is not accom-Pe.rmissibie
. , , TCI r • hoist loading
panied by a certmcate irom the manufacturer or an m-
dependent competent hoist design engineer giving the maxi-
mum permissible rope pull for each drum and the maximum
permissible suspended load of the hoist, and the hoist shall
not be loaded beyond the maximum loads so specified. R.S.O.
1960, c. 241, s. 366 (1), amended.
(2) No alterations designed to increase the hoisting capacity Approval
shall be made to a hoist unless approval is given by its manu- increased
facturer or an independent competent hoist design engineer. °^^^^^ ^
R.S.O. 1960, c. 241, s. 366 (2).
Hoisting Ropes
368. — (1) The connection between the hoisting rope and^°P® ^.
, , ' . » 1- connection
the bucket, cage, skip, counter-balance or other device shall
be of such nature that the risk of accidental disconnection is
reduced to a minimum.
(2) No open-hook device shall be used for such purpose. No open
R.S.O. 1960, c. 241, s. 367 (1, 2). ^''''^^
(3) Such device shall be of a design approved by the chief ^^pp^oj^^^jj^
engineer. R.S.O. 1960, c. 241, s. 367 (3), amended.
(4) The drum end of the rope shall be fastened to the spider Fastened
of the drum or around the drum shaft in some suitable manner.
R.S.O. 1960, c. 241, s. 367 (4).
369. In no case shall a rope that has been spliced be used Splicing
for hoisting purposes. R.S.O. 1960, c. 241, s. 368. prohibited
370. — (1) No hoist shall be operated with less than three Length of
turns of rope on the drum when the bucket, cage or skip is at required
the lowest point in the shaft from which hoisting is effected. d?um*^*^
R.S.O. 1960, c. 241, s. 369 (1).
57
66
Three^ayers (2) No hoist acquired after the 15th day of June, 1948,
drum and no hoist existing on that date and modified after that
date so as to increase its load rating, and no hoist that has
its location changed, shall be operated with more than three
complete layers of rope on the drum when the conveyance
is at the highest point of travel in the shaft. R.S.O. 1960,
c. 241, s. 369 (2), amended.
Jertiflcate ^^-^^ — ^^^ ^° hoisting rope shall be used that has not been
tested by the Ontario Government Cable Testing Laboratory
and for which a certificate of the test is not in the possession
of the user. R.S.O. 1960, c. 241, s. 370 (1).
Number of
test
specimens
required
(2) In friction hoist installations, where multiple ropes are
used and when manufactured have been laid up continuously,
a specimen shall be submitted for test, cut from the portion
between each pair of ropes,
(a) in the case of four ropes, two specimens shall be
required ;
(6) in the case of three ropes, two specimens shall be
required. New.
fec^turer's (^) -^o hoisting rope or tail rope shall be used that is not
certificate accompanied by a certificate from the manufacturer giving
the following information:
1. Name and address of manufacturer.
2. Manufacturer's rope number.
3. Date of manufacture.
4. Diameter of rope in inches.
5. Weight per foot in pounds.
6. Number of strands.
7. Class of core.
8. Percentage of weight of lubricant in core.
9. Trade name of interior rope lubricant.
10. Number of wires in strand.
11. Grade of steel.
12. Diameter of wires in decimals of an inch.
57
67
13. Breaking stress of steel of which the wire is made in
pounds per square inch.
14. Standard torsion test of wires.
15. Actual breaking load of rope, as provided by the
certificate referred to in subsection 1.
16. Length of rope. R.S.O. 1960, c. 241, s 370 (2),
amended.
(4) When any rope is put on in a shaft compartment or^^opedata
hoisting way, the data mentioned in subsection 3 shall be in Rope
entered in a book called the Rope Record Book, together with
the additional following information:
1. Name of person from whom purchased.
2. Date of purchase.
3. Date put on in present location.
4. Identification number of rope.
5. Name of shaft or winze and compartment in which
rope is used.
6. Weight of shaft conveyance.
7. Weight of material carried.
8. Maximum length of rope in service below sheave.
9. Maximum weight of rope in service below sheave.
10. Static factors of safety at conveyance connection
and at head sheave with rope fully let out.
11. Date put on and removed from previous locations,
if any.
(5) Duplicate copies of such entries shall be forwarded to J^*"°^'^|^[*'"
the chief engineer at the time the rope is put on in any location, to chief
° r I- ./ engineer
(6) The owner or manager shall keep or cause to be kept g^^^ ■^®'^*^^'^
at the mine a book called the Rope Record Book, in which
shall be recorded, in addition to the information referred to
in subsections 3 and 4, the following information:
1. A history of the hoisting rope, outlining the date on
which the rope was first put on.
57
68
2. Dates of shortening.
3. Dates and results of breaking tests.
4. Date and reason for taking off, for each occasion the
rope is put into and taken out of service. R.S.O.
1960, c. 241, s. 370 (3-5).
Rope Record (7) jhe Rope Record Book shall be available to the
Book open ^ y ^
to engineer engineer.
Notification
of rope
discarded
(8) When a hoisting rope or tail rope is taken out of service
from a shaft compartment, notice to that effect shall be for-
warded to the chief engineer, giving the date, the reasons for
discarding or discontinuing the use of the rope, disposition
of the rope, and such other information as he requires. R.S.O.
1960, c. 241, s. 370 (6, 7), amended.
reauire^di'^to ^^^" — ^^^ ^^ hoisting rope or tail rope that has previously
use old been in use in a place beyond the control of the owner shall
rope , ^ -11 .......
be put on anew, except with the permission in writing or the
chief engineer. R.S.O. 1960, c. 241, s. 371 (1), amended.
^eTmission"^ ^^^ Request for permission to use such rope shall be accom-
panied by certification that the rope has been properly ex-
amined and that no apparent defects have been found.
Test pieces (3) fwo standard test pieces, one from each end of the rope,
shall also be sent to the Ontario Government Cable Testing
Laboratory for test. R.S.O. 1960, c. 241, s. 371 (2, 3).
used%"opes^' ^^^' ^^ hoisting rope or tail rope that has been removed
from service at a shaft or winze compartment shall be put
on anew for the purpose of raising or lowering men unless
proper measures have been taken for the maintenance of the
rope and the owner or manager is satisfied that the rope is in
safe working condition. R.S.O. 1960, c. 241, s. 372, amended.
Rope
removal
374. When a shaft compartment has been abandoned for
hoisting purposes, the hoisting rope shall immediately be
removed from the shaft. R.S.O. 1960, c. 241, s. 373.
Rope not
to be
reversed
375. No hoisting rope shall be reversed until application
has been made in writing to the chief engineer, standard
test pieces from each end of the rope have been submitted for
test, and approval for the reversal has been received from the
chief engineer. R.S.O. 1960, c. 241, s. 374.
57
69
376. — (1) For the purpose of this section, the factor oij^f^^^^^^
safety of a hoisting rope or tail rope in a shaft or winze means hoisting
the number of times the breaking strength of the rope is greater
than the total weight supported by the rope at a definite
place in the rope.
(2) The breaking strength of the hoisting rope means the Breaking
breaking strength of the rope as shown in the test certificate hoiBtfng '
issued by the Ontario Government Cable Testing Laboratory "^^^^
before the rope is installed, as required by subsection 1 of
section 371. R.S.O. 1960, c. 241, s. 375 (1, 2), amended.
(3) The breaking strength of the tail rope shall be that as tail rope
certified by the manufacturer. New.
(4) Every hoisting rope, when newly installed on a newly- ^^^"^
acquired drum hoist or on an existing drum hoist modified to
increase the hoist load ratings or on a drum hoist that
has had its location changed, shall have a factor of safety
of not less than 8.5 at the end of the rope where it is attached
to the shaft or winze conveyance and where the total weight
consists of the combined weight of the conveyance plus the
weight of the material hoisted. R.S.O. 1960, c. 241, s. 375 (3),
amended.
(5) In addition, the hoisting rope shall have a factor of^^^^"*
safety of not less than 5 at the point where the rope leaves the
head sheave and, the rope being fully let out, the total weight
consists of the combined weight of the conveyance plus the
weight of the material hoisted plus the weight of that part
of the rope that extends from the head sheave to the con-
veyance.
(6) Every hoisting rope when newly installed on hoists '^^^'^
that were the property of a mine on the 15th day of June, 1948,
shall have a factor of safety of not less than 6 for shafts and
winzes less than 2,000 feet in depth and not less than 5 for
shafts and winzes over 2,000 feet in depth at the point where
the rope leaves the head sheave and, the rope being fully let
out, the total weight consists of the combined weight of the
conveyance plus the weight of the material hoisted plus the
weight of that portion of the rope that extends from the head
sheave to the conveyance. R.S.O. 1960, c. 241, s. 375 (4, 5).
(7) When the rope is installed on a friction hoist, the Factor of
safety for
factor of safety shall not be less than that as determined from friction
the following formula: F. of S. = 9.5 - .00075 d, where d^"*'^*
is the maximum length of rope suspended below the head
sheave in feet.
57
70
Idem
Idem
Idem
(8) For friction hoists, the factor of safety shall not be less
than 5.5 for any depth of shaft when the rope is installed.
(9) The factor of safety for a given friction hoist installation
is the lowest actual breaking strength, as determined by the
Ontario Government Cable Testing Laboratory for the ropes,
times the number of ropes, divided by the sum weight of the
conveyance and attachments, the maximum conveyance
load carried and the maximum weight of rope suspended in
one compartment of the shaft.
(10) The factor of safety of the tail rope shall not be less
than 7 when installed. New.
Rope
discarded
377. No hoisting rope shall be used in a shaft or winze
where in any part of the rope,
(a) the existing strength has decreased to less than
90 per cent of the original strength of the rope;
{h) the extension of a test piece has decreased to less
than 60 per cent of its original extension when tested
to destruction;
(c) the number of broken wires in any section of the rope
equalling the length of one lay of the rope exceeds six;
{d) marked corrosion occurs;
(e) the rate of stretch in a friction hoisting rope begins
to show a rapid increase over the normal stretch
noted during its service. R.S.O. 1960, c. 241, s. 376,
amended.
Rope
dressing
Idem
378. — (1) The rope dressing used on a drum hoisting rope
shall be suited to the operating conditions of the rope, and
the dressing shall be applied at least once in every month
and as often as is necessary to maintain the coating on the
rope in good condition. R.S.O. 1960, c. 241, s. 377 (1),
amended.
(2) Every time the rope is dressed, a report of the treatment
shall be recorded in the Hoisting Machinery Record Book
and signed by the person who performed the work. R.S.O.
1960, c. 241, s. 377 (2).
Testing of
hoisting
rope
Rope Testing
379. — (1) At least once in every six months, the hoisting
rope of a drum hoist shall have a portion not less than eight
feet in length cut off the lower end from a position above the
clamps or other attachment. R.S.O. 1960, c. 241, s. 378 (1),
amended.
57
71
(2) The length so cut shall have the ends adequately Ends
fastened with binding wire before the cut is made to prevent bound
the disturbance of the strands and shall be sent to the Ontario
Government Cable Testing Laboratory for a breaking test.
R.S.O. 1960, c. 241, s. 378 (2).
(3) In friction hoist installations, specimens shall be sub- Tests
•If 1 • • 1 • 1 IT r 1 required
mitted tor test and exammation durmg the hie ot the rope it for friction
and when available and as close to six-month intervals as
practicable. New.
(4) The certificate of the test shall be kept on file and a^j.ecording
summary thereof recorded in the Rope Record Book. R.S.O.
1960, c. 241, s. 378 (3).
380. — (1) The chief engineer may require that test speci- special
mens shall be cut from any rope discarded for use in mine of used
hoisting at points specified by him and sent to the Ontario ropes
Government Cable Testing Laboratory for special testing and
investigation if he is of the opinion that such testing and
investigation are in the interest of better mine hoisting practice.
(2) No charge shall be made for such special testing and f^^ t^estmg
investigation. R.S.O. 1960, c. 241, s. 379.
Clearance for Tail Ropes
381. Water and muck spillage in the shaft sump shall be Tail ropes
kept at such a level that the tail ropes shall have a clear
passage at all times. Ne^v.
Rope Attachments
382. — (1) A hoisting rope when newly put on, and after Examination
any subsequent cutting thereof, shall have the connecting ments
attachments between the bucket, cage, skip or counterweight
and the connection between the drum and the rope carefully
examined by some competent and reliable person or persons
authorized by the owner, manager or department head, and
shall not be used for ordinary transport of persons in a shaft
or winze until two complete trips up and down the working
parts of the shaft or winze have been made, the bucket, cage,
skip or counterweight bearing its authorized load.
(2) The hoistman shall make a record of such two complete ?®??'''l*°
trips in the Hoistman's Log Book.
(3) The results of the examination of the connecting ^g^recwded
attachments between the bucket, cage, skip or counterweight
and hoist drum and the rope shall be recorded in the Hoisting
Machinery Record Book and signed by the person making
the examination. R.S.O. 1960, c. 241, s. 380.
57
72
and^"'"^ 383. — (1) Every six months, the connection between the
examination rope and the bucket, cage, skip or counterweight shall be
connections thoroughly cleaned and examined. R.S.O. 1960, c. 241,
s. 381 (1), amended.
^^^^ (2) At such time, the connection between the rope and the
drum shall be thoroughly cleaned and examined. R.S.O.
1960, c. 241, s. 381 (2).
weigh\*^' '^^^- ^^^ ""^P^ from the counterweight shall be attached
to the drum of the hoist and not to the shaft conveyance in
drum hoist installations. R.S.O. 1960, c. 241, s. 382, amended.
Examination of Ropes and Safety Appliances
of^r^o'pes^and" "^85. — (1) The Owner or manager shall depute a competent
appliances persoii or persons who shall examine,
(a) at least once in each day, the exterior of the hoisting
rope and tail rope to detect the presence of kinks or
other visible damage and to note the appearance of
the rope dressing;
{b) at least once in each month, the structure of that
portion of the hoisting rope that is not on the hoist
drum when the conveyance is at its lowest stopping
point, and the tail rope, with a view to ascertaining
the deterioration thereof, and for the purpose of this
examination the rope shall be cleaned at points
selected by such person or persons, who shall note
any reduction in the diameter or circumference of
and the proportion of wear in the rope, and the
starting point of the examination shall be changed
slightly from month to month in order to obtain
more complete information, but any portion showing
appreciable reduction in diameter or circumference
or appreciable wear shall be checked when the rope
is again examined;
(c) the portion of the rope that normally remains on
the drum of a drum hoist when the conveyance is
at its lowest stopping point, and shall lubricate such
portion, and, if, during the examination of the rope,
significant deterioration is found in the portion on
the drum or at the cross-over points, the rope shall be
shortened sufficiently to eUminate any crushed
portion or to change the position of the cross-over
points if either or both are necessary;
{d) at least once in each day, the safety catches, if any,
of the conveyance, to be sure they are clean, sharp
and in proper adjustment and working condition;
57
73
(e) at least once in every three months, the safety catches
of the cage or other shaft conveyance so equipped by
testing the same, such test to consist of releasing
the empty conveyance suddenly in some suitable
manner from rest so that the safety catches have
the opportunity to grip the guides, and, in case the
safety catches do not act satisfactorily, the cage or
other shaft conveyance shall not be used further for
raising or lowering men until the safety catches have
been repaired and have been proved to act satis-
factorily, as referred to in paragraph 1 1 of section 339.
R.S.O. 1960, c. 241, s. 383 (1), amended.
(2) In friction hoist installations, the stretch of the hoist- ^*''®*°Jj.ded
ing rope or ropes shall be measured and recorded in the
Friction Hoist Machinery Record Book.
(3) In friction hoist installations, measurement of rope ^j^meters
diameters and the location and number of broken wires shall be ^^^^^^^^^^^
recorded monthly in the Friction Hoist Machinery Record recorded
Book. New.
(4) If the mechanical engineer deems it necessary, he may, ^®°neer°^'
after consultation with the manager, conduct or cause to be may conduct
conducted specific tests of the safety catches with which a
conveyance is equipped.
(5) If on examination there is discovered any weakness Defects to
or defect whereby the safety of persons may be endangered, at once
the weakness or defect shall be immediately reported to the
owner or manager or person in charge and, until the weak-
ness or defect is remedied, the hoisting plant shall not be used.
R.S.O. 1960, c. 241, s. 383 (2, 3).
(6) It is the duty of the person referred to in subsection 1 |^l°mink'tfon
to record the reports of all examinations therein referred to and ^"^^ reports
also to record all reports referred to in subsection 5 in a book
called the Hoisting Machinery Record Book or the Friction
Hoist Machinery Record Book, whichever is applicable.
R.S.O. 1960, c. 241, s. 383 (4), amended.
Hoisting Machinery Record Books
386. — (1) The owner or manager shall keep or cause to beo/^reports
kept at the mine the Hoisting Machinery Record Books re-
ferred to in section 366, in which shall be entered a report
of every examination or report referred to in sections 339
and 366, subsection 2 of section 378, subsection 3 of section
382 and sections 383 and 385, and a notation of any failure of,
accident to, correction or repairs to the hoist, the hoisting rope,
57
74
the shaft conveyance or any other part of the hoisting, dump-
ing or loading equipment, signed by the person making the
examination or report.
be^sig1fed° ^^^ Such entries shall be read and signed each day, week or
month, as is required by this Act, by the person in charge of
such equipment or accessories thereto.
What to
be entered
(3) A notation shall be made in the Hoisting Machinery
Record Books of the action taken regarding the report of any
failure of, accident to, corrections or repairs to the hoist, the
hoisting rope, the shaft conveyance or any other part of the
hoisting, dumping or loading equipment, over the signature of
the person in charge of such equipment or accessories thereto.
Books to be
available
(4) The Hoisting Machinery Record Books shall be made
available to the engineer at all times. R.S.O. 1960, c. 241,
s. 385, amended.
Raise Climbers
Brakes
387. — (1) Raise climbers shall be fitted with more than one
means of braking, each capable of stopping the climber and
holding it in place.
Maintenance (2) Raise climbers shall be maintained in safe operating
condition.
Testing of
brakes
(3) The operator of a raise climber shall ensure at the
beginning of his shift that the brakes are in safe working
condition.
Load
capacity
(4) The rated load capacity of the equipment as certified by
the manufacturer shall not be exceeded.
Log book
(5) Where raise climbers are used pursuant to section 271
or subsection 2 of section 315, an approved log book shall be
maintained.
Record
kept
(6) A record of inspections, maintenance and repairs shall
be maintained in the log book.
tJengSr 0) The log book shall be available to the engineer at all
times. New.
Folding
gates
Elevators
388. — (1) Every entrance to a hoistway shall be provided
with a substantial door or doors or gate or gates at least five
feet six inches in height.
57
75
(2) All folding gates over three feet wide shall have top, idem
bottom and centre braces.
(3) Every gate or door opening to an elevator hoistway interlocks
shall be so controlled by an interlocking device that the ele-
vator cannot be moved unless the door or gate is properly
closed and that the door or gate cannot be opened unless the
elevator car is in the proper position at the floor or landing
place. R.S.O. 1960, c. 241, s. 386.
389. Every hoistway landing place shall be adequately Lighting
lighted. R.S.O. 1960, c. 241, s. 387.
390. When a hoistway is not enclosed in walls, access to Guarding
the hoistway by means of an adjacent stairway shall be pre-
vented by means of a partition to a height of at least six feet.
R.S.O. 1960, c. 241, s. 388.
391. All guide rails for cars and counterweights shall be Guide
. . rails
of substantial construction and shall be securely fastened to
the sides of the hoistway, and the bottom ends shall rest on a
secure foundation and shall be firmly fixed in that position.
R.S.O. 1960, c. 241, s. 389.
392. At every elevator, other than an approved auto- clearance
matically-con trolled passenger elevator, a clear space of not
less than three feet shall be provided between the bottom of
the hoistway and the lowest point of the car when the car
is at its lowest landing, and between the top of the car and
the sheave when the car is at its top landing, and also between
the top of the counterweight and the sheave when the car is
at its lowest landing. R.S.O. 1960, c. 241, s. 390.
393. Every elevator shall be provided with automatic Automatic
devices at the top and bottom of the travel of a car in the devices
hoistway, so arranged that the car will be stopped before it
has travelled two feet above the top landing, or two feet below
the bottom landing, and all drum hoists shall, in addition, be
fitted with automatic stop motions to prevent overwinding.
R.S.O. 1960, c. 241, s. 391.
394. All counterweights shall have their sections strongly Protecting
bolted together, shall be so placed that they cannot fall weights
on any part of the elevator or machinery and shall be sus-
pended in guides in such a manner that they will run freely
without danger of being detached. R.S.O. 1960, c. 241 , s. 392.
395. Every elevator on which any person travels shall be protection
provided with side casing and shall have a door or doors ex- °^ ® ®^^ °^
tending at least five feet above the bottom of the elevator, and
the top shall be covered with suitable protective roofing.
R.S.O. 1960, c. 241, s. 393.
57
76
Safety
catches
396. — (1) Every elevator on which any person travels
shall be provided with efficient safety catches capable of
holding the elevator and its maximum load in any position
in the hoistway.
Idem (2) When the safety catches are operated through shafts,
all the levers and safety catches shall be keyed to the shafts.
R.S.O. 1960, c. 241, s. 394.
Signalling
devices
397. For every elevator on which any person travels,
other than an elevator equipped with approved controls for
automatic operation, there shall be provided at every floor or
landing place suitable devices to signal to the elevator car
operator. R.S.O. 1960, c. 241, s. 395.
ofe?evat°ors ^^^' — (1) The ropes, Safety devices, safety catches, sig-
nalling devices, doors, interlocks and other electrical and
mechanical equipment necessary to the safe operation of
elevators shall be inspected at least once each month.
a^aUabfe (^) ^he records of such inspection shall be made available
to the engineer. R.S.O. 1960, c. 241, s. 396.
ca°pac?fy of ^^^' ^^^ manufacturer's rated capacity for the elevator
elevator shall be posted in the elevator. R.S.O. 1960, c. 241, s. 397.
^perafore^*°^ ^^^- ^^ person under the age of eighteen years shall be
allowed to operate an elevator, other than an automatically-
controlled elevator. R.S.O. 1960, c. 241, s. 398, amended.
Interpre-
tation
Travelling Cranes
401. — (1) In this section and in sections 530 and 531,
"crane" means a crane that travels on fixed tracks and is
operated from a cab mounted on the crane. New.
Warning
devices
(2) Every crane shall be equipped with a whistle, bell,
gong or horn that shall be sounded at such times as are neces-
sary to give warning of the approach of the crane to places
where men are working or are liable to pass. R.S.O. 1960,
c. 241, s. 399 (1), amended.
to^prevent (3) Every crane shall be equipped with suitable devices
overwind ^^ prevent overwinding. R.S.O. 1960, c. 241, s. 399 (2).
Daily
examination
of cranes
(4) The owner or manager shall depute some qualified
person or persons to examine daily such parts of the crane or
apparatus pertaining thereto upon the proper working of
which the safety of persons depends. R.S.O. 1960, c. 241,
s. 400 (1).
57
77
(5) A record of the examination and other regular main- Record
tenance examinations shall be kept, signed by the person mak-
ing the examination, and such record shall be available to the
engineer at all times. R.S.O. 1960, c. 241, s. 400 (2), amended.
(6) No person, other than the operator, shall be permitted ^^Qj^i'^i^Q^
to ride on a crane or any part thereof or on any material
carried by the crane, except for inspection, supervision,
maintenance and repair, or the instruction of a new operator.
R.S.O. 1960, c. 241, s. 401.
(7) No person under the age of eighteen years shall be Age, crane
allowed to operate a power-driven crane controlled from a
cab. R.S.O. 1960, c. 241, s. 402, amended.
Protection from Machinery
402. Every fly-wheel, geared-wheel, bull-wheel, pulley orFiy-wheei.
belt, and every opening through which any wheel or belt w^^eei. etc.
operates, shall be enclosed with a substantial railing or casing,
unless situated in such a manner or location as to prevent a
person from coming into accidental contact therewith. R.S.O.
1960, c. 241, s. 403.
403. Every key, bolt, set-screw, and every part of a wheel U'^^jen^^^
or other revolving machinery that projects* unevenly from to be
the surface, shall be covered, unless situated in such a manner
or location as to prevent a person from coming into accidental
contact therewith. R.S.O. 1960, c. 241, s. 404.
404. — (1) Every stationary power-driven grinding wheel ^J^^"g<^^"s^j^g
shall be provided with a suitable hooded guard. R.S.O. guarded
1960, c. 241, s. 405 (1), amended.
(2) Such guard shall be adjusted close to the wheel and ^^^'^
extended forward, over the top of the wheel, to a point at
least 30 degrees beyond a vertical line drawn through the
centre of the wheel. R.S.O. 1960, c. 241, s. 405 (2).
405. Persons engaged in dangerous proximity to moving Wearing
machinery shall not wear or be allowed to wear loose outer clothing
clothing. R.S.O. 1960, c. 241, s. 406.
406. Every runway or staging more than five feet from Runway to
the floor and used for oiling or other purposes shall be provided railing
with a hand-railing. R.S.O. 1960, c. 241, s. 407.
407. Every entrance to an elevator, hatchway or well- ^f ^^jf^^^^tince
hole shall be provided with a suitable trap-door, guard-rail
or automatically-closing gate. R.S.O. 1960, c. 241 , s. 408.
57
78
Counter-
weights
408. Every counterweight shall be so situated or guarded
that injury to a person would not be probable should it
become detached from its fastenings. R.S.O. 1960, c. 241,
s. 409.
Track
condition
409.— (1) Every switch in a track, either above or below
ground, on which cars are moved by mechanical power shall
have the frog and guard rail entrances provided with a guard
block if its construction is not such that the hazard of a man's
foot being caught in it is reduced to a minimum. R.S.O. 1960,
c. 241, s. 410 (1), amended.
of track^^"^^ (2) All tracks shall be maintained in good working con-
dition. R.S.O. 1960, c. 241, s. 410 (2).
Conveyors, 410. — (1) No person shall ride on a conveyor or belt, other
than an escalator or man-lift approved by the chief engineer.
R.S.O. 1960, c. 241, s. 411 (1).
Idem (2) The following apply to installations of conveyor belts
that exceed 100 feet in length:
1. There shall be an approved means for stopping the
conveyor belt, available to any person along its
course, by a device that is not capable of restarting
the conveyor belt.
2. There shall be a suitable means of locking or tagging
the control switch, or both, to prevent the conveyor
belt from starting, and any control switch that is
locked shall not be a push-button switch.
3. Where practicable, there shall be suitable warning
before starting a conveyor belt to warn persons along
its course.
Idem
4. Where conveyorways are used as regular travelways,
suitable means shall be provided to protect persons
from material that may fall from the belt. R.S.O.
1960, c. 241, s. 411 (2), amended.
(3) AH inclined conveyorways shall be equipped with a
suitable walkway or travelway to allow access for maintenance
purposes. New.
Undermining
forbidden
Clay, Sand and Gravel Pits, and Quarries
411. — (1) In workings of clay, sand and gravel or other
types of unconsolidated material, the method of removing
material by undermining shall not be used.
57
79
(2) No working place shall have a vertical height of more idem
than ten feet, unless the material is at a suitable angle to
ensure safety.
(3) Where the thickness of the material exceeds ten feet^*^®"^
in vertical depth, the work shall be done in terraces or at a
suitable angle to ensure safety. R.S.O. 1960, c. 241, s. 412
fl-3).
(4) Where mechanical equipment is used in loading un- Mechanical
consolidated material, unless the material is at a suitable
angle of repose, no working place shall have a vertical height
of more than five feet above the top of the boom or the bottom
of the bucket raised to its highest operating position. R.S.O.
1960, c. 241, s. 412 (4), amended.
412. Unless permission in writing is first obtained fi*om^^®*|^^
the chief engineer, all open -cut (cast) operations (workings)
over sixty-five feet in depth shall be worked in benches not
more than sixty-five feet high, and due precautions shall be
taken to maintain the walls, benches and broken material in
a safe working condition, and no working face shall be ad-
vanced by undercutting, except where a tunnelling method
is used. R.S.O. 1960, c. 241, s. 413 (1), amended.
413. Every pit or quarry dangerous by reason of its depth p®tg^^"§
shall be securely fenced or otherwise protected against ^"^''"^^
inadvertent access. R.S.O. 1960, c. 241, s. 414, amended.
414. — (1) In all open-pit workings, all unconsolidated o^er^tfJr<fen
materials, such as clay, earth, sand, gravel and loose rock
lying within six feet of the rim of the pit or quarry, shall be
removed. R.S.O. 1960, c. 241, s. 415 (1), amended.
(2) Beyond this strip, all overburden shall be sloped to an idem
angle less than its natural angle of repose. R.S.O. 1960,
c. 241, s. 415 (2).
415. When dumping material from a vehicle to a stock- Precautions
pile, due precautions shall be taken to keep the vehicle at dumping
a safe distance from the edge. New.
416. — (1) Unless the adjoining owners agree to dispense Party waiia
therewith, in sand, clay or gravel or other natural uncon- quarrfes"
solidated material, excavation operations shall not be carried
on within a distance from the property boundary of half the
height of the total pit face, and material that sloughs from
within this distance shall not be removed.
57
80
i^stActi^on" (^^ Unless the adjoining owners agree to dispense there-
with, no quarrying shall be carried on in a rock quarry within
a distance of fifteen feet of the property boundary. R.S.O,
1960, c. 241, s. 416 (1, 2), amended.
Idem (3) Where there is overburden, the natural slope of the
overburden shall be allowed for beyond this distance from the
property boundary as required under section 414. R.S.O.
1960, c. 241, s. 416 (3).
Jf^ammation 41 y, — (J) No person shall be permitted to work near the
pit or quarry wall until the wall has been examined by the
foreman in charge of the crew. R.S.O. 1960, c. 241, s. 417 (1),
amended.
Idem (2) If the wall is found unsafe, the foreman shall have all
hazards removed before permitting any other work. R.S.O.
1960, c. 241, s. 417 (2).
Inspection
of derrick
guy wires mamtamed
418. Derrick guy wires shall be regularly inspected and
R.S.O. 1960, c. 241, s. 418.
Life lines
419. — (1) It is the duty of each man engaged in work on
the wall of the pit or quarry, at such operations as barring
loose material, scaling and cleaning, to continually wear a
life line. R.S.O. 1960, c. 241, s. 419 (1), amended.
Snubbing,
etc.
(2) The life line shall be securely snubbed above the work-
ing place and shall be under the supervision of a snubtender,
or the line may be held taut by one or more fellow-workmen.
R.S.O. 1960, c. 241, s. 419 (2).
Hoisting
of men
prohibited
420. No person shall be hoisted or allow himself to be
hoisted or lowered by means of a hoist or derrick at a pit
or quarry unless permission is first obtained in writing from
the chief engineer. R.S.O. 1960, c. 241, s. 420.
Signalman
to clear
area
421. Where a load is being hoisted or lowered by means
of a hoist or derrick at a pit or quarry, the signalman shall
notify all persons in the vicinity to retire to a place of safety
until the load has cleared the danger zone. R.S.O. 1960, c. 241,
s. 421.
t^cTof ^* ^^^' — (^) -^"^ effective block, automatic derail or safety
incline switch shall be provided at the top of each inclined place to
Exception
prevent cars accidentally running down.
(2) Such installation, however, is not required where the
skip or car remains on the hoisting cable. R.S.O. 1960, c. 241,
s. 422.
57
81
423. At all rock quarries, a record of each primary blast, Record of
signed by the person in charge of the blast, shall be kept and blasts
the following information recorded:
1. Date, time and location of the blast.
2. Burden, spacing, depth and number of holes blasted.
3. Weight of explosive, footage of top stemming and
firing delays used in respect of each hole.
4. Weight of explosives used per estimated ton broken.
R.S.O. 1960, c. 241, s. 423.
424. Unless the movement of the hoisting conveyance is^^^^Ys"^
visible to the hoistman at all times, a suitable signal system
shall be installed and maintained, and suitable signals,
approved by an engineer, shall be used. R.S.O. 1960, c. 241,
s. 424.
425. — (1) At every pit or quarry, there shall be provided and ways^ "^^
maintained in good condition a suitable travelling way leading
from the working level of the pit or quarry to the surface.
R.S.O. 1960, c. 241, s. 425 (1), amended.
(2) Where the travelling way is inclined at more than i^®"^
30 degrees and less than 50 degrees to the horizontal, stairways
or ladders shall be provided.
(3) All stairways shall be equipped with substantial and ^^^"^
suitably-placed hand-rails.
(4) Where the travelling way is inclined at more than idem
50 degrees to the horizontal, ladders shall be used.
(5) Substantial platforms shall be built at intervals not idem
exceeding twenty-one feet in the ladderway and at all places
where the ladders are ofif-set. R.S.O. 1960, c. 241, s. 425
(2-5).
(6) Except for approved access ladders to equipment, no^^em
ladder shall be installed at an inclination of more than 70
degrees to the horizontal. R.S.O. 1960, c. 241, s. 425 (6),
amended.
426. Adequate lighting, safe footing and sufficient room Safe working
shall be provided for all workmen who are required to work about
near or about machinery. R.S.O. 1960, c. 241, s. 426. machinery
57
82
Antidotes
and washes
Crushing Plants, Mills and Metallurgical Works
427. — (1) At every mine or works where poisonous or
dangerous compounds, solutions or gases are used or produced,
there shall be kept in a conspicuous place, as near the com-
pounds, solutions or gases as is practicable, a sufficient supply
of satisfactory antidotes and washes for treating injuries
received from such compounds, solutions or gases.
Idem
(2) Such antidotes and washes shall be properly labelled
and explicit directions for their use affixed to the boxes con-
taining them. R.S.O. 1960, c. 241, s. 427.
production ^^^- ^^^ provision shall be made at all plants, where
etc., of acicis, acids or poisonous compounds are produced, transferred,
Doisons
used or stored, to reduce to a minimum the hazard of handling
or storing such materials. R.S.O. 1960, c. 241, s. 430, amended.
Removal
of dust
429. In every mill or plant where, by reason of dry crush-
ing or otherwise, there is in the air of the building dust in
quantity to be injurious to health, suitable apparatus shall be
installed for its removal. R.S.O. 1960, c. 241, s. 428.
Poisonous
vapours
430. — (1) In every mill or plant where poisonous vapours or
gases exist or may be formed, suitable means shall be adopted
to provide such ventilation as will prevent the formation of
dangerous concentrations of the same. R.S.O. 1960, c. 241,
s. 429.
whe^n "*^°" (2) No person shall enter or be permitted to enter a tank
entering until due precautions have been taken to ensure that the
atmosphere is safe. New.
Transfer of
liquids by
compressed
air
431. The transfer of liquids from one location or container
to another location or container by the application of air
under pressure shall not be permitted, except where properly-
designed and tested equipment is used for this purpose.
R.S.O. 1960, c. 241, s. 431.
Life lines,
for work
in bins
432. — (1) No person shall enter or be allowed to enter a
storage bin from which material is drawn off at the bottom
while material is stored therein, unless a second person is in
constant attendance and suitable precautions are taken
against the danger of caving material.
provided ^^^ The owner or manager shall, when necessary, provide
and worn life lines for the workmen, and it is the duty of the workmen to
continually wear such life lines when, by so doing, the interests
of safety are advanced. R.S.O. 1960, c. 241, s. 432.
57
83
433. Where in the opinion of the enginner the use of ^'j'^^^^^j.^^g
working platforms in or at bins is advisable, they shall be
provided, used and maintained in a safe working condition.
R.S.O. 1960, c. 241, s. 433.
434. — (1) Guard-rails shall be placed at the approach to Qua'''*")!^^*''^
tracks on surface, where mechanical haulage is used and where approaches
the view of the tracks is obstructed in one or both directions.
(2) Where restricted clearances make the use of guard-rails When
imor&ct i<*3.1
impractical in the opinion of an engineer, he may permit
such guard-rails to be omitted but shall require that there be
installed at the track approaches a suitable type of warning
signal that will automatically give adequate, audible and
visible warning at all times of the approach of the conveyance,
or that a switchman shall walk ahead of the leading con-
veyance on the track when the conveyance is in dangerous
proximity to the area requiring guarding and stand guard at
such approaches. R.S.O. 1960, c. 241, s. 434.
435. — (1) Workmen employed at metallurgical works shall protection"
be supplied with suitable shields and appliances to protect burning
them as far as possible against being burned with molten
metal or other material.
(2) It is the duty of all workmen to use such shields and Use
appliances. R.S.O. 1960, c. 241, s. 435.
436. Before any person or persons are allowed to work on inspection
stock piles of ore, limestone, coke or other material, the stock ° ^ o° p ®
piles shall be inspected by some authorized person whose duty
it is to see that they are in a safe working condition. R.S.O.
1960, c. 241, s. 436.
437. Each scale car shall be provided with an audible Scale cars
warning alarm that shall be sounded by the operator each
time a car is started, or each car shall be equipped with an
automatic mechanical warning alarm that will sound when
the car is moved. R.S.O. 1960, c. 241, s. 437.
438. — (1) Every ladle or slag pot shall be examined before Examination
molten material is placed therein. etc"'''''^'^^'
(2) Every effort shall be made to prevent molten material ^^^"^
from coming into accidental contact with cold, damp or rusty
surfaces where such contact may cause an explosion. R.S.O.
1960, c. 241, s. 438.
439. — (1) When molten material is transported by me- Filling of
chanical means in ladles or slag pots and the safety of persons "'''"''' ®^'°*
57
84
may be endangered from splashing, every effort shall be made
to ensure that the ladles or slag pots are not filled above a
point four inches below the top of the vessel.
Idem (2) If this limit is exceeded, the ladle or slag pot shall not
be moved until the foreman or other responsible person has
warned the workmen required to handle the ladle or slag pot
of this condition and has warned all persons in the vicinity,
R.S.O. 1960, c. 241, s. 439.
Side
clearance,
haulage
Overhead
clearance
440. Where mechanical haulage is used on surface and the
clearance between the sides of conveyances on parallel tracks
or between the sides of conveyances and the side of a building
or other structure is less than eighteen inches, the location
shall be plainly marked showing the danger. R.S.O. 1960,
c. 241, s. 440.
441. At the approach to an overhead bridge, pipe line or
a similar structure on a standard -gauge railway track and
the clearance is less than six feet between the top of a railway
car and the underside of the structure, a "low bridge" warning
device shall be installed. R.S.O. 1960, c. 241, s. 441.
Life lines 442. Life lines and belts in good order shall be provided
and kept in a secure and readily accessible place for im-
mediate use in case it becomes necessary to rescue a workman
from the top rigging, and also for use by a workman whose
duties require him to work in an atmosphere that is liable
to become dangerous by reason of the presence of noxious
gases. R.S.O. 1960, c. 241, s. 442.
Ventilation
Blast furnaces
443. At all furnaces of the hand-filled type, the room at the
furnace top, where workmen are engaged, shall be adequately
ventilated. R.S.O. 1960, c. 241, s. 443, amended.
Protecting
workmen
Protection
from bustle
pipes
444. Whenever it becomes necessary for a workman to
go above the casting floor, he shall notify the foreman or other
responsible person, who shall see that there is always a work-
man in attendance whose duty it is to remain outside the
gaseous area and act as a watcher and give the alarm to the
casthouse or stockhouse and render every possible assistance
in case of gassing or other danger. R.S.O. 1960, c. 241, s. 444.
445. — (1) All bustle pipes shall be provided with safe
working platforms equipped with hand-rails at least three feet
six inches in height and, wherever practicable, the platform
shall not rest directly on the bustle pipe, but shall be supported
on angle bars, so that the floor plate will not become suffi-
ciently hot to cause burns to a workman falling on it.
57
85
(2) Access to the platform shall be by a stairway provided ^^^^
with hand-rails. R.S.O. 1960, c. 241, s. 445.
446. A suitable line of communication by telephone, gong, Line of
1-1 • • 1 L ° communi-
or other mechanical means, shall be mamtamed between the cation
furnace top, and all other dangerous places, to the casthouse,
skip operator's room or other place where workmen are
continuously on duty. R.S.O. 1960, c. 241, s. 446, amended.
447. A suitable ladderway or stairway shall be provided f^d^iadder-
from the foundation to the top of the furnace. R.S.O. 1960, ^^i^s
c. 241, s. 447.
448. Unless an approved type of elevator is provided as a ^M"""^.^ ^^
means of travel to the furnace top, stairways shall be installed
at an angle not greater than 50 degrees from the horizontal
and shall be provided with landings or turnouts at intervals
of not more than twenty-five feet, measured on the slope, so
that it will not be possible for a workman to fall from the top
to the foundation below. R.S.O. 1960, c. 241, s. 448.
449. — (1) Every foreman shall personally supervise or Supervision
appoint a competent person to supervise any work around the hazardous
furnace involving unusual accident hazard, such as work in
gas mains or cleaners, tearing out linings, work in the cast-
house, about the stoves, when blowing in or blowing out, and
any work about the bells or stock line. R.S.O. 1960, c. 241,
s. 449 (1), amended.
(2) He shall also, when the furnace is known to be hanging idem
and liable to slip, see that no workman is allowed on top for
any purpose. R.S.O. 1960, c. 241, s. 449 (2).
450. When ore becomes frozen or jammed in the furnace Protection
L I II 1 1 -111 • around bell
hopper or bell and workmen are required to bar the ore into
the furnace, a suitable guard-rail shall be provided to prevent
workmen slipping on to the bell. R.S.O. 1960, c. 241, s. 450.
451. — (1) There shall be maintained in readily accessible 1^®^°^!^.^^
places at all metallurgical plants, where the atmosphere may
contain dangerous concentrations of poisonous gases or
vapours, detection equipment, breathing apparatus and port-
able resuscitating apparatus of approved type, with an
adequate supply of material for the proper operation of the
apparatus. R.S.O. 1960, c. 241, s. 451 (1), amended.
(2) There shall also be on duty in each working shift one ^^^^'^^^^j
or more persons appointed by the superintendent and trained
in the use of breathing and resuscitating apparatus. R.S.O.
1960,c. 241,s.451(2).
57
86
steam
boilers
Steam, Compressed Air
452, — (1) Every steam boiler used for generating steam
in or about a mine, whether separate or one of a range,
(a) shall have attached to it a proper safety-valve, and
also a proper steam-gauge and water-gauge, to show
respectively the pressure of steam and the height
of water in each boiler; and
{b) shall be inspected by an Ontario Government boiler
inspector or by an inspector of a boiler insurance
company at least once in every twelve months, and
a certified copy of the report of the inspection shall
be forwarded to the chief engineer.
DOBted°^** (2) The certificate of inspection shall be kept posted in the
boiler room at all times. R.S.O. 1960, c. 241, s. 452.
Maintenance 453, Every such boiler, safety-valve, steam-gauge and
water-gauge shall be maintained in proper working condition.
R.S.O. 1960, c. 241, s. 453.
Airreceivers 454. — (1) Every air receiver installed at the surface of a
pressors mine and those installed with an air compressor underground
shall be inspected by an Ontario Government boiler inspector
or by an inspector of a boiler insurance company at least once
in every twelve months, and a certified copy of the report
of the inspection shall be forwarded to the chief engineer.
Certificate (2) The Certificate of inspection shall be kept posted in
the compressor room at all times.
Examination (3) All intercoolers, aftercoolers, inlet and discharge valves
and main- ^ ' . ' . • , n i • i
tenance OH Stationary compressors in operation shall be exammed at
least once in every twelve months and shall be cleaned when
necessary.
Tempera- (4) A temperature-indicating device shall be installed on
ture-mdicat- , , . , i- i r i
ing device the high pressure discharge of each compressor.
Idem
Idem
Exception
(5) The normal operating temperature shall be indicated
by a red mark on the scale.
(6) The temperature shall be recorded at least once a shift.
(7) Subsections 3 to 6 do not apply to portable compressors,
compressors discharging to atmosphere, stationary com-
pressors of less than 300 c.f.m. capacity, banks of compressors
with a total capacity of less than 300 c.f.m. discharging to a
common receiver, or compressors where the cylinders are not
lubricated with oil.
57
87
(8) The air receivers mentioned in subsection 1 sliall be Examination
examined at least once in every twelve months and shall be receivers
cleaned when necessary.
(9) A book shall be kept in which shall be recorded the date^^^^j^^^g^f^j^g
of every examination and cleaning under subsections 3 and 8
and a note shall be made as to the condition of the appliance
examined or cleaned. R.S.O. 1960, c. 241, s. 454.
Provisions Governing the Use of Electricity
455. In this section and in sections 456 to 594, laUon^^'
1. "accessible", as applied to equipment, means per-
mitting close approach because not guarded by locked
doors, elevation or other effective means;
2. "armoured cable" means a cable provided with an
outer covering, fabricated from a metal other than
lead, which forms an integral part of the assembly of
the cable and is designed primarily to afford mechani-
cal protection;
3. "authorized person" means,
(a) SL qualified person who, because of his duties
or occupation, is delegated to approach or
handle electrical equipment,
(b) any other person who, having been warned of
the hazards involved, has been instructed or
authorized to approach or handle electrical
equipment by some person having authority
to give the instructions or authorization;
4. "branch circuit" means the part of a circuit that
extends beyond the final over-current devices on
the circuit;
5. "circuit" means a path through which electric
current can flow;
6. "circuit-breaker" means an electro-mechanical de-
vice designed to open, under both overload and short-
circuit conditions, a current-carrying circuit without
injury to the device;
7. "conductor" means a body so constructed from con-
ducting material that it may be used as a carrier of
electric current;
57
8. "contactor" means a device, operated other than
by hand, for repeatedly estabHshing and interrupting
an electric power circuit;
9. "disconnecting means" means a device, group of
devices or other means whereby the conductors of a
circuit can be disconnected from their source of
supply;
10. "electrical equipment" means any apparatus, appli-
ance, device, instrument, fitting, fixture, machinery,
material or thing used in or for, or capable of being
used in or for, the generation, transformation, trans-
mission, distribution, supply or utilization of electric
power or energy, and, without restricting the gener-
ality of the foregoing, includes any assemblage or
combination of materials or things which is used,
or is capable of being used or adapted, to serve or
perform any particular purpose or function when
connected to an electrical installation, notwith-
standing that any such materials or things may be
mechanical, metallic or non-electric in origin;
11. "feeder" means a conductor, or group of conductors,
which transmits electrical energy from a service
supply, transformer, switchboard, distribution centre,
generator or other source of supply to branch circuit
overcurrent devices;
12. "ground" means a connection to earth obtained by
a ground electrode;
13. "ground electrode" means a buried metallic water-
piping system or metal object or device buried in
or driven into the ground so as to make intimate
contact therewith and to which a grounding conduc-
tor is electrically and mechanically connected;
14. "grounded" means connected effectively with the
general mass of the earth through a grounding system
having a current-carrying capacity sufficient at all
times, under the most severe conditions that are
liable to arise in practice, to prevent a current in
the grounding conductor from causing a harmful
voltage to exist,
(a) between the grounded conductors and neigh-
bouring exposed conducting surfaces that are
in good contact with the earth, or
(b) between the grounded conductors and neigh-
bouring surfaces of the earth itself;
57
89
15. "grounding conductor" means a path of suitable
metal specially arranged as a means whereby
electrical equipment is electrically connected to a
ground electrode;
16. "grounding system" means all conductors, clamps,
ground clips, ground plates or pipes and ground
electrodes by means of which the electrical instal-
lation is grounded;
17. "guarded" means covered, shielded, fenced, en-
closed or otherwise protected by means of suitable
covers, or casings, barriers, rails or screens, mats or
plattorms, to remove the likelihood of dangerous
contact or approach by persons or objects;
18. "isolating means" means a device, group of devices
or other means intended for isolating an electric
circuit from its source of power and intended to
be operated only after the circuit has been opened
by some other means;
19. "mobile", as applied to electrical equipment, means
the equipment is specifically designed not to be used
in a fixed position;
20. "overcurrent device" means any device capable of
automatically opening an electrical circuit both
under pre-determined overload and short-circuit
conditions either by fusing of metal or by electro-
mechanical means;
21. "overload device" means a device affording protec-
tion from excess current but not necessarily short-
circuit protection, and capable of automatically
opening an electric circuit either by the fusing of
metal or by electro-mechanical means;
22. "qualified person" means a person familiar with the
construction and operation of electrical equipment
and the hazards involved;
23. "switch" means a device for making, breaking or
changing connections in a circuit, and
(a) "general use switch" means a switch that is
intended for use in general distribution and
branch circuits, is rated in amperes and is
capable of interrupting its rated current at
rated voltage, and
57
90
(b) "motor circuit switch" means a switch, rated
in horsepower, capable of interrupting the
maximum operating overload current of a
motor of the same horsepower at the rated
voltage;
24. "switchboard" means a panel or assembly of panels
on which are mounted any combination of switching,
measuring, control and protective devices, buses and
connections, designed with a view to successfully
carrying and rupturing the maximum fault current
encountered when controlling incoming and out-
going feeders;
25. "utilization equipment" means equipment, devices
and connected wiring that utilize electrical energy
for mechanical, chemical, lighting, testing or similar
purposes and are not a part of the supply equipment,
supply lines or communication lines;
26. "visible break", where applied to a disconnecting
means, means a switch or device wherein the separa-
tion between all members of the movable and the
fixed current-carrying parts may be readily deter-
mined by visual inspection;
27. "voltage" or "volts" means the highest effective
difference of potential between the conductors of
the circuit concerned;
28. "voltage to ground" means,
(a) in grounded circuits, the highest effective dif-
ference of potential between any wire of the
circuit and ground,
(b) in ungrounded circuits, the highest effective
difference of potential existing in the circuit;
29. "wire gauge" means the standard known as A.W.G.
(American Wire Gauge) or B. & S. (Brown and
Sharpe) wire gauge. R.S.O. 1960, c. 241, s. 455,
amended.
GENERAL
Disconnec- 455. In case of the abandonment of a mine, the owner,
tion when • , , 1, 1 •
mine manager or supermtendent shall cause such station or stations
supplying power to and being the property of the mine to be
disconnected from the power source and within fourteen days
57
91
shall notify the chief engineer in writing that the discon-
nection has been made. R.S.O. 1960, c. 241, s. 517.
457. Electrical equipment shall be designed, installed and ^'®"®''a^
maintained in compliance with the requirements of this Act.
R.S.O. 1960. c. 241, s. 461, amended.
458. The current edition of the Canadian Electrical Code, -^'^'^^pted
Part 1, shall be accepted as good practice in the installation^
of electrical equipment except where it may conflict with the
sections herein set forth. R.S.O. 1960, c. 241, s. 457, amended.
459. All electrical equipment shall be of such construction Hazard
and so installed and maintained as to reduce life and fire
hazard as far as practicable. R.S.O. 1960, c. 241, s. 458.
460. All electrical equipment shall be suitably identified ^5*^®^^"^^^^-
where necessary for safety. R.S.O. 1960, c. 241, s. 459. equipment
461. Electrical equipment shall show a plate bearing theNamepiate
maker's name and all other ratings, such as horsepower,
voltage or current, necessary to prove its suitability. R.S.O.
1960, c. 241, s. 460, amended.
462. — (1) Where electrical apparatus is used at a mine, it Competent
shall be in charge of an authorized person who shall be quali- charge '
fied by experience to handle such apparatus.
(2) Every person operating or having charge of electrical idem
apparatus shall have been instructed in his duty and shall be
competent to perform the work that he is set to do.
(3) Repairs, extensions and changes to existing electrical idem
installations shall be made only by qualified persons. R.S.O.
1960, c. 241, s. 456.
463. Temporary wiring and equipment that is not in Temporary
compliance with this Act may be used in an emergency, but ^'^^*^"^*'°"^
only when under competent supervision or protected by suit-
able barriers or warning signs while it or neighbouring wiring
is alive and accessible to unauthorized persons, and such
temporary installations are permissible only for the period of
the emergency. R.S.O. 1960, c. 241, s. 464.
464. — (1) Defective equipment shall be put in good order Defective
, ,. 1 equipment
or permanently disconnected.
(2) Defective wiring shall be repaired or removed. R.S.O. wiring"""®
1960, c. 241 , s. 462.
57
92
Work on
live
equipment
Idem
Idem
465. — (1) No repairs or alterations shall be carried out
on any live equipment exceeding 300 volts to ground, except
where complete disconnection of the equipment is not prac-
ticable.
(2) If the adjustment or repairs must be made while the
equipment is alive, all necessary precautions shall be taken to
ensure that the work may be done safely.
(3) In places where explosive or highly-flammable materials
or gases are present, repair or alteration shall not be made on
any live equipment. R.S.O. 1960, c. 241, s. 466.
Looking or
tagging
switches
Idem
466. — (1) All switches controlling apparatus shall be
locked or plainly tagged in the open position to prevent the
inadvertent closing thereof while work is being done on the
apparatus.
(2) Notices placed on electrical equipment shall be of non-
conducting materials. R.S.O. 1960, c. 241, s. 463.
extfiiguishing ^^'^ • — (^) Where installed electrical apparatus presents a fire
appliances hazard, each room or space shall be provided with an adequate
approved fire-extinguishing appliance, conveniently located
and conspicuously marked. R.S.O. 1960, c. 241, s. 465 (1).
Idem (2) Any fire-extinguishing appliance that has not been
approved for use on live parts shall not be placed in a room
containing electrical apparatus or exposed lines unless a sign
is mounted at the appliance warning against its use on
electrical fires. R.S.O. 1960, c. 241, s. 465 (2), amended.
GROUNDING
Protection
from
468. Grounding conductors shall have adequate protection
mechanical where exposed to mechanical injury. R.S.O. 1960, c. 241,
injury .^^
s. 471.
Circuits to
be grounded
Idem
Idem
469. — (1) One conductor of all circuits not over 150 volts
shall be grounded if exposed to leakage from higher voltage
circuits either through overhead construction or through
transformers having a primary voltage exceeding 750 volts,
except where such circuits form part of a control circuit or
signalling system the grounding of which would affect the
reliability of service.
(2) Three-wire single-phase circuits not exceeding 300 volts
between outer conductors shall have the neutral grounded.
(3) One conductor of the secondary circuits of all instru-
ment transformers shall be grounded unless the circuits are
57
93
installed and guarded as required for the high-voltage circuits
of the transformers. R.S.O. 1960, c. 241, s. 472.
470.— (1) For grounding A.C. circuits, the grounding con- size of
ductors shall have adequate current-carrying capacity and grounding
shall be not less than No. 8, A.W.G. R.S.O. 1960, c. 241, "''''''''''*'*"
s. 473 (1), amended.
(2) The grounding conductor for secondary circuits of^^®"^
instrument transformers shall not be smaller than the con-
ductors of the secondary circuit. R.S.O. 1960, c. 241, s. 473
(2).
471. — (1) The exposed non-current-carrying metal parts Equipnnent
of all electrical equipment shall be grounded when practicable, grounded
(a) for all equipment over 150 volts; and
{b) for all equipment under 150 volts where the exposed
non-current-carrying metal parts are within reach
of exposed grounded surfaces, such as metal frames
of other machines, plumbing fixtures, conducting
floors or walls.
(2) Grounded surfaces within five feet horizontally of the ^^®"^
parts considered or within eight feet vertically of the floor
shall be considered within reach. R.S.O. 1960, c. 241, s. 474.
472. — (1) The minimum size of grounding conductor for^^^s.'^f .
1 /- 1 • 1111 1 I 1 equipment
raceways and nxed equipment shall be not less than that grounding
. , , , , p .... 1-1 conductor
provided by a copper conductor ot a size indicated in the
following table:
MINIMUM SIZE OF GROUNDING CONDUCTOR FOR
RACEWAYS AND EQUIPMENT
Rating or Setting of
Size
of Grounding Conductor
Automatic Overcurrent
Device in Circuit
Electrical
Ahead of Equipment,
Copper
Alum.
Conduit
Metallic
Conduit, etc., Not
Wire
Wire
or Pipe
Tubing
Exceed i ng — Am per es
AWG
AWG
Inch
Inch
20
16*
14*
M
^
30
14
12
H
K
40
12
10
^
'A
60
10
8
M
H
100
8
6
¥2
H
200
6
4
K
1
400
4
2
%
IK
600
2
0
H
IH
800
0
00
1
2
1000
00
000
1
2
1200
000
0000
1
2
*Permissible only when part of an approved cable assembly.
57
94
Idem
(2) Where the grounding conductor is run outside the cable
armour or conduit enclosing the associated circuit conductors,
the minimum size of such a grounding conductor shall be No.
8, A.W.G. R.S.O. 1960, c. 241, s. 475, amended.
Grounding 473, Flexible cord used to supply portable equipment
conductor , * c r c i i
size fori I* havmg a ratmg 01 hiteen amperes or less at voltages not
equipment exceeding 250 volts shall have included in the cord assembly
a grounding conductor whose size shall be,
(a) not smaller than No. 16, A.W.G. if uninsulated, or
No. 18, A.W.G. if insulated; and
{b) at least the same size as the current-carrying con-
ductors, except that, in cords of No. 12, A.W.G. and
larger, it may be two A.W.G. sizes smaller than the
other conductors. R.S.O. 1960, c. 241, s. 476,
amended.
Means of
attachment
to circuits
and
equipment
474. The grounding conductor, bond or bonding jumper
shall be attached to circuits, conduits, cabinets, equipment
and the like, which are to be grounded, by means of suitable
lugs, pressure connectors, clamps or other approved means.
R.S.O. 1960, c. 241, s. 477, amended.
Material 475. The grounding conductor shall be of copper or other
grounding metal that will not corrode excessively under the existing
conditions. R.S.O. 1960, c. 241, s. 478, amended.
Piping
system
used as
ground
476. — (1) Ground connections to metallic water or air
systems shall be made beyond any point liable to discon-
nection.
Idem (2) Main water or air lines shall be substantially bonded
together for this purpose, but shall, unless connected to a
buried piping system of considerable extent that will provide
a low-resistance ground, be connected to an artificial ground
electrode. R.S.O. 1960, c. 241, s. 479, amended.
Means of 477. The grounding conductor shall be connected to the
to ground grounding electrode by means of substantial ground clamp or
other equivalent means. R.S.O. 1960, c. 241, s. 480 (1).
electrode
Artificial
electrodes
478. — (1) Artificial ground electrodes shall consist of driven
pipes, rods, buried plates or other devices acceptable for the
purpose.
Idem
(2) Electrodes of iron or steel pipe shall be not less than
%-inch internal diameter and shall be galvanized.
57
95
(3) Rod electrodes shall be not less than ^-inch in diameter idem
if of iron or steel or j/^-inch in diameter if of non-ferrous metal.
R.S.O. 1960, c. 241, s. 481, amended.
479. The grounding system shall be connected to the body ^®sp*^^'?'=® ^
1 1 r 1111 • ^ 6l©CtrOu©3
of the earth, on the surface, through the lowest resistance
earth-contact possible. R.S.O. 1960, c. 241, s. 482.
480. The earth -contact of the main grounding system and ^||||,^^'^j^® j^.
supplementary earth -contacts shall be provided with means to
facilitate measurement of earth -contact resistances. R.S.O.
1960, c. 241, s. 483.
WIRING METHODS
481. Conductors shall be suitable for the location, use and jQ^^®yp°Qj.g
voltage of the circuit and shall have sufficient current-carrying
capacity for the current they are required to carry. R.S.O.
1960, c. 241, s. 467 (1).
482. Portable conductors supplying mobile equipment Portable
operating at more than 300 volts shall conform with the comfuctors
following specifications:
1. The cable shall have a voltage rating not less than
50 per cent higher than the normal operating voltage
of the circuit.
2. Cable of standard rating for the normal operating
voltage may be used where the cable is supplied
through a circuit-breaker from a circuit where the
neutral point is grounded in such a manner as to,
(a) limit fault current; and
{b) limit the possible rise of fault potential on any
connected equipment to a maximum of 100
volts,
and where ground fault protection is provided.
3. All conductors including grounding conductors shall
be contained in one flexible, jacketed cable assembly.
4. Where the cable contains both the power circuit
and its remote control circuit, each circuit conductor
shall be insulated, as required by paragraphs 1 and 2,
for the highest potential employed in the cable,
except that, where sheathing, as in paragraph 10,
is provided, the control conductors need only be
insulated for their normal operating voltage.
57
96
5. The minimum size of the power conductors shall be
No. 12, A.W.G.
6. The cable shall contain as many grounding con-
ductors as power conductors and the grounding
conductors shall be located in the outer interstices
between the power conductors.
7. Remote control conductors contained in the cable
need not be considered power conductors in deter-
mining the number of grounding conductors.
8. The grounding conductors contained in the cable
shall be uninsulated and shall have a total conduc-
tance of not less than 60 per cent of the largest power
conductor.
9. The minimum size of each grounding conductor
shall be not less than No. 12, A.W.G.
10. Cables on circuits operating over 750 volts shall have
a grounded sheathing, consisting of tinned copper
wire mesh, or the equivalent, around each power con-
ductor, and this sheathing shall be, throughout the
length of the cable, in contact with the interstitial
grounding conductors.
1 1 . Where connectors are used to attach cables to mobile
equipment, the cable shall be secured in such a
manner as to prevent mechanical damage.
12. Portable cable used to supply equipment in under-
ground workings shall have an outer jacket of a
material that will not support combustion and shall
be continuously identified as having such a jacket.
R.S.O. 1960, c. 241, s. 470, amended.
Guarding of 483. All exposed current-carrying parts of electrical equip-
ment, such as bus-bars, conductors and terminals, operating
at over 150 volts, shall be,
{a) armoured;
{b) enclosed in a suitable raceway; or
(c) isolated by elevation or guarded. Neiv.
4?acewa"y8^ ^^4- ^^^ conductors of an A.C. circuit shall be contained
in the same raceway. R.S.O. 1960, c. 241, s. 467 (3), amended.
57
97
485. Where conductors of different systems are installed ^f°^.*^'^^'J[^^
in the same raceway or armouring, each conductor shall be?J'stems
1 1 /• 11-1 -1 1 1 -1 1*^ raceways
msulated tor the highest potential employed or, in the case or
e 11 -111- AT armouring
oi a raceway, separated by a suitable barrier. iSew.
486. Conductors of different systems shall not be installed of°differen?
in the same box, cabinet or auxiliary gutter unless effectively |^^*®^^j.gg
separated by barriers. R.S.O. 1960, c. 241, s. 491, amended.
487. Identifying barriers shall be provided between circuits ^^^"^'"^
where more than one set of disconnecting switches are installed
adjacent to each other. R.S.O. 1960, c. 241, s. 494, amended.
488. Metal-covered and insulated conductors in conduit, t^^^ppark^t us
where joined to transformers, motors, switchgear and other
apparatus, shall have their metal coverings secured to such
apparatus by clamps, locknuts or other devices to protect the
insulated conductors from mechanical injury. R.S.O. 1960,
c. 241, s. 469.
PROTECTION AND CONTROL
489. — (1) The type and rating of protective and control j^^Pfg^jJf^
devices shall be suitable for their use. New. and^controi
devices
(2) All protective and control devices installed outdoors i'^®™
shall be of a design suitable for their location. R.S.O. 1960,
c. 241, s. 502, amended.
490.— (1) Each ungrounded conductor shall be protected d^vS'"''®''*
by an overcurrent device at the point where it receives its^®**"'*"®^
supply of current and at each point where the size of the
conductor is decreased, except that such protection may be
omitted,
(a) where the branch circuit is not more than twenty-five
feet in length;
{b) where the protection for a larger conductor ade-
quately protects a smaller; and
(c) where the opening of the circuit may cause special
hazard by the interruption of service or removal of
protection. R.S.O. 1960, c. 241, s. 495 (1, 4),
amended.
(2) The rating or setting of the protective device shall not idem
exceed the allowable current-carrying capacity of the circuit
conductors except in the case of branch motor circuits where
57
98
the rating or setting of the device may be increased sufficiently
to take care of motor-starting currents. R.S.O. 1960, c. 241,
s. 495 (2), amended.
Idem
(3) Unless the opening of the device disconnects all circuit
conductors at the same time, no manually-operated or auto-
matically-operated disconnecting device shall be placed in a
neutral or grounded conductor. R.S.O. 1960, c. 241, s. 495 (3).
Enclosure
of over-
current
devices
491. Overcurrent devices shall be enclosed in cut-out boxes
or cabinets unless they form a part of an approved assembly
that affords equivalent protection or unless mounted on
switchboards, panel-boards, or controllers located in rooms
or enclosures free from easily ignitable material and dampness,
and accessible only to authorized persons. R.S.O. 1960,
c. 241, s. 497, amended.
General
492. — (1) Suitable control devices shall be inserted in all
feeders and branch circuits. R.S.O. 1960, c. 241, s. 484 (1).
Idem (2) All control devices shall be readily and safely accessible
to authorized persons and shall be so located, labelled or
marked as to afford means of identifying circuits or equip-
ment supplied through them and shall indicate whether they
are open or closed. R.S.O. 1960, c. 241, s. 503 (1), amended.
Rating of 493.— (1) Control devices shall have ratings suitable for
devices the connected load of the circuits they control and, with the
exception of isolating switches, shall be capable of interrupting
such loads. R.S.O. 1960, c. 241, s. 486 (1), amended.
of^contr^i (^) Control devices shall be grouped where practicable.
devices'"'' R.S.O. 1960, c. 241, s. 484 (3), amended.
Location of (3) All coutrol devices shall be so arranged that the operat-
control . .
devices ing mcchanisms are readily accessible to the operator. R.S.O.
1960, c. 241, s. 524.
Enclosure
of control
devices
494, — (1) Control devices, unless they are located or
guarded so as to render them inaccessible to unauthorized
persons and to prevent fire hazards, shall have all current-
carrying parts in enclosures of metal or other fire-resisting
material. R.S.O. 1960, c. 241, s. 490, amended.
Idem (2) Manually-operable control devices shall be so con-
structed that they may be switched to the "off" position
without exposing live parts.
57
99
(3) Manually-operable control devices shall clearly indicate idem
the "on" and "off" positions. R.S.O. 1960, c. 241, s. 487 (1),
amended.
495. Control devices shall, if practicable, be so connected ^jP'^"®°*'°'^
that the blades or moving contacts will be dead when the control
Q6V1CGS
device is in the open position. R.S.O. 1960, c. 241, s. 485.
496. Control devices used in combination with overcurrent 9°'^*'""^
devices
devices or overload devices for the control of circuits or ahead of
, ,, , , , , overcurrent
apparatus shall be connected so that the overcurrent or devices
overload devices will be dead when the control device is in the
open position. R.S.O. 1960, c. 241, s. 489, amended.
497. — (1) Disconnecting means of the visible-break type 7^^^*^'®
shall be installed on all circuits operating at over 300 volts requirement
to ground and shall be as near as practicable to the point of
supply. R.S.O. 1960, c. 241, s. 493 (2), amended.
(2) Unless a control device on circuits over 300 volts makes Wem
a visible break, there shall be installed between the control
device and its point of supply a suitable disconnecting switch.
R.S.O. 1960, c. 241, s. 493 (1).
498. — (1) On each ungrounded utilization system over 300 ^^'^^'^^
volts, at least one suitable device shall be installed and main- detector
tained for the purpose of indicating ground faults.
(2) Such device shall be provided with, idem
(a) short-circuit protection; and
(b) disconnecting means.
(3) If the short-circuit device does not provide for visible- ^'^^'^
break isolation, additional visible-break isolating means shall
be provided.
(4) When a ground fault is indicated, it shall be located and ^'^^^
removed as soon as practicable. R.S.O. 1960, c. 241, s. 500,
amended.
499. Adequate illumination shall be provided to allow for ^^^J^'^'i^ation
proper operation of electrical equipment. R.S.O. 1960, c. 241, equipment
c. 521, amended.
500. Where electrical equipment requires an attendant, ^.'"^r.eency
.1 u II u -11 ^ ' "1 .'illumination
tnere snail be provided a separate emergency source of illumi-of
nation from an independent generator, storage battery or other ^^""^"^^"
suitable source. R.S.O. 1960, c. 241, s. 522, amended.
57
100
Working
space
INSTALLATION OF EQUIPMENT
501. Adequate clear working space with secure footing shall
be provided about all electrical equipment. R.S.O. 1960,
c. 241, s. 507, amended.
Transformers
General 502, Transformers shall be of a type and design suitable
for the location in which they are to be installed. R.S.O.
1960, c. 241, s. 531 (1).
Namepiate 503. Each transformer shall be provided with a nameplate
required , . , r n • i •
for bearmg the followmg markmgs:
transformers ° a a
1. Maker's name.
2. Rating in kva.
3. Rated full load temperature rise.
4. Primary and secondary voltage ratings.
5. Frequency in cycles per second.
6. Liquid capacity, if of the liquid-filled type.
7. Type of liquid to be used, if it is to be filled with an
approved liquid that will not burn in air. R.S.O.
1960, c. 241, s. 531 (2, 3), amended.
Isolation
and guard-
ing of
transformers
Special
transformers
Idem
504. Transformers having a voltage rating in excess of
750 volts and all transformers having exposed terminals,
including their conductors and control and protective devices,
shall be accessible only to authorized persons and, unless
isolated by elevation, they shall be surrounded by an en-
closure that, if of metal, shall be grounded, and suitable
warning signs indicating the highest potential employed
shall be conspicuously posted. R.S.O. 1960, c. 241, s. 532,
amended.
505. — (1) Dry-core type transformers with Class A insula-
tion, if installed within a building not of fire-resisting construc-
tion, shall be in a fire-resisting enclosure.
(2) Transformers containing an approved liquid that will
not burn in air and transformers of the dry-core type with
Class B or Class C insulation may be installed within or
attached to the wall of a building not of fire -resisting con-
struction, if they are surrounded by a suitable enclosure to
prevent mechanical injury and access by unauthorized persons.
R.S.O. 1960, c. 241, s. 533.
57
101
506. — (1) Oil-filled transformers installed outdoors shall J;.^j^^f^-j5i'|^g
be located not less than fifty feet distant from the shafthouse
or any combustible building attached thereto, and means
shall be provided to contain escaping oil or to direct the flow
away from such buildings.
(2) Oil-filled transformers shall not be mounted on or idem
above combustible roofs and, if attached to the exterior of a
building other than a transformer-house, shall be placed only
against non-combustible walls and away from all openings.
R.S.O. 1960, c. 241, s. 534 (1, 2).
(3) Transformer buildings containing oil-filled transform- 1**®"^
ers, if not entirely of fire-resisting construction, shall be
located at least fifty feet distant from any other combustible
building. R.S.O. 1960, c. 241, s. 535, amended.
(4) Oil-filled transformers, if within a building other than'**®"^
a transformer-house, shall be in a vault. R.S.O. 1960, c. 241,
s. 534 (3), amended.
(5) Transformers having their cores immersed in a liquid^**®™
that will not burn in air may be installed without a vault if,
(a) the transformer is protected from mechanical damage
either by location or guarding;
{b) a pressure relief vent is provided where the rating
exceeds 25 kva at 25 cycles or 373^ kva at 60 cycles;
and
(c) a means of absorbing gases generated by arcing inside
the case, or a pressure relief vent connected to out-
doors, is provided where the transformer is installed
in a poorly-ventilated section. New.
507. — (1) When primaries are above 750 volts, secondary instrument
circuits of current and potential transformers, unless other-
wise adequately protected from injury or contact with persons,
shall be in permanently-grounded conduit or armour. R.S.O.
1960, c. 241, s. 539, amended.
(2) Secondary circuits of current transformers shall be idem
provided with means for short-circuiting them that can be
readily connected while the primary is energized and that
are so arranged as to permit the removal of any instrument or
other device from the circuits without opening the circuits.
R.S.O. 1960, c. 241, s. 538.
508. Each transformer or each bank of transformers operat- Overcurrent
ing as a unit shall have overcurrent protection. R.S.O. 1960, for ®
C. 241, s. 537, amended. transformers
57
102
Control and 509. — (1) Control and protective devices, complying with
requirements one of the following, shall be installed for all power and
distribution transformers:
1. Circuit-breakers of adequate interrupting capacity
and rating.
2. Fuses of adequate rating and interrupting capacity
preceded by suitable group -operated visible-break
load-interrupting devices capable of making and
interrupting their full load rating and that may be
closed with safety to the operator with a fault on the
system.
3. Fuses of adequate rating and interrupting capacity
preceded by a group-operated visible-break air-break
switch capable of interrupting the magnetizing
current of the transformer installation and that
may be closed with safety to the operator with a
fault on the system and so interlocked with the
transformer secondary load interrupters as to prevent
its operation under load.
Idem (2) Where the transformer rating does not exceed 100 kva
per phase and the potential between phases does not exceed
7,200 volts, a single -pole disconnecting fuse of adequate
interrupting capacity may be used on the primary. R.S.O.
1960, c. 241, s. 536, amended.
Switchboards and Switchgear
General 510. Panels of switchboards shall be of incombustible
mat;erial and shall be substantially supported on a metal
framework. R.S.O. 1960, c. 241, s. 523.
iHumination 511, Adequate illumination shall be provided for reading
Bwitchboards instruments and other operations. R.S.O. 1960, c. 241, s. 526.
Bwftchgear*^ 512. Switchgear, if not of the dead-front or enclosed type,
and live parts on the rear of dead -front switchboards shall be
inaccessible to unauthorized persons. R.S.O. 1960, c. 241,
s. 528, amended.
bacifof*'® 513. — (1) There shall be a space of not less than three feet
Bwitchboard between equipment on the back of a fixed switchboard and
the nearest adjacent wall when such equipment is less than
seven feet from the floor.
and^egrees ^^^ Ready means for ingress and egress to the space behind
the switchboard shall be provided.
57
103
(3) Doors or gates of suitable material may be provided Doors, etc.
at such points for guarding-purposes but they shall be capable
of being readily opened from the inside without the use of a
key or tool.
(4) The space behind the switchboard shall be kept clear f^%°®
of foreign material and shall not be used for storage purposes. ^®p* ^'®^'"
R.S.O. 1960, c. 241, s. 525, amended.
Transmission Lines
514. All electrical supply lines and equipment shall be of^®"®'"^^
suitable design and construction for the service and the con-
ditions under which they are to be operated, and all lines shall
be so installed and maintained as to reduce the life hazard
as far as practicable. R.S.O. 1960, c. 241, s. 540.
515. Conductors and other current-carrying parts of supply ^^oj**^^'^
lines shall be so arranged as to provide adequate clearance guarding
from the ground or other space generally accessible or shall be
provided with guards so as to isolate them effectively from
accidental contact of person. R.S.O. 1960, c. 241, s. 541.
516. Where conductors over 300 volts are attached to any ^"*^*jj^^^
building for entrance, they shall be isolated by elevation or
guarded. R.S.O. 1960, c. 241, s. 542, amended.
517. — (1) Supply lines carried over railways operated by^^^^rance
steam, electric or other motive power and on which standard railways
equipment, such as freight cars, is used shall have the style
of construction and the clearances overhead as called for in the
regulations of the Board of Transport Commissioners for
Canada.
(2) Supply lines crossing over railways on which standard ^^^"^
equipment is not used and lines crossing over roadways shall
have ample clearance for the operating conditions and shall
be substantially supported. R.S.O. 1960, c. 241, s. 543.
Storage batteries
518. Storage batteries shall be kept in inaccessible battery ^o^|^^io"g
rooms or enclosures used for no other purpose where, batteries
(a) the aggregate capacity at the eight-hour discharge
rate exceeds five kilowatt hours; and
(6) the batteries are in unsealed jars or tanks. R.S.O.
1960, c. 241, s. 570, amended.
57
104
Ventilation
of
battery
519.-
tilated.
(1) Storage battery rooms shall be thoroughly ven-
idem (2) Adequate means shall be provided for sufficient diffusion
and ventilation of the gases from the battery to prevent the
accumulation of an explosive mixture. R.S.O. 1960, c. 241,
s. 571, amended.
Lightning A rr esters
Indoor 520. Where lightning arresters are installed in a building,
of lightning they shall be located well away from all equipment, other
than that which they protect, and from passageways and
combustible parts of buildings.
amended.
R.S.O. 1960, c. 241, s. 556,
Location 521. Lightning arresters installed for the protection of
arresters utilization equipment,
(a) may be installed either inside or outside the building
or enclosure containing the equipment to be pro-
tected; and
{b) shall be isolated by elevation or guarded.
1960, c. 241, s. 558, amended.
R.S.O.
Grounding
Idem
522. — (1) All non -current-carrying parts of lightning arres-
ters shall be grounded, unless effectively isolated by elevation
or guarded as required for live parts of the voltage of the
circuit to which the arrester is connected. R.S.O. 1960, c. 241,
s. 557.
(2) Grounding conductors for lightning arresters on power
transmission systems shall be run as directly as possible
and be of low resistance and ample capacity. R.S.O. 1960,
c. 241, s. 560.
Idem
(3) In no case shall such grounding conductors be less
than No. 6 copper wire, nor shall such grounding conductors
pass through metal conduits unless electrically connected to
both ends of the conduits. R.S.O. 1960, c. 241, s. 561.
Control
required
Motors
523. — (1) All motors shall be provided with proper starting
equipment rated in horsepower and, for all motors up to
50 horsepower, except as provided for below, the motor and
its starting equipment shall be controlled by a motor-circuit
switch that will disconnect all ungrounded conductors of the
circuit, leaving the motor and entire starting equipment dead.
57
105
(2) An isolating switch or a general-use switch treated as an idem
isolating switch may be used for motors of more than 50 horse-
power. R.S.O. 1960, c. 241, s. 508.
524. — (1) For all motors up to 750 volts, the motor-circuit ^^*|,^^j.^j
switch shall have a horsepower rating not less than that of the
motor it controls.
(2) Where a general-use switch or an isolating switch is^^^e"^
used for motors of more than 50 horsepower, it shall have a
rating not less than 115 per cent of the current rating of the
motor as shown on the nameplate and a minimum rating of
200 amperes. R.S.O. 1960, c. 241, s. 509.
525. In all cases, the motor-circuit switch, general-use ^^|^^®"
switch or isolating switch shall be of the visible-break type, requirement
R.S.O. 1960, c. 241, s. 510.
526. One motor-circuit switch may serve a group of motors 11^8^®^^^^^
if the motors drive several parts of a single machine or ap-i.ng means
r) o /^ in^r, r, . . r -n for a group
paratus. R.S.O. 1960, c. 241, s. 511. ofmotors
527. Manually -operated motor starters of the compensator ^*^^j^®"
type, having both a starting and running position, shall be so different
designed that they cannot remain in the starting position, running
R.S.O. 1960, c. 241, s. 513. p°'"*°''
528. Motors shall be disconnected from the source of supply y^^fage
in case of low voltage by one of the following means unless it p''°*|°*^°'^
is evident that no hazard will be incurred through the lack of
such disconnection:
1. Where automatic re -starting is liable to create a
hazard, the motor control device shall provide low-
voltage protection.
2. Where it is necessary or desirable that a motor stop
on failure or reduction of voltage and automatically
re-start on return of voltage, the motor control
device shall provide low-voltage release. R.S.O.
1960, c. 241, s. 514, amended.
529. Each motor shall be suitably protected against con-Oj:^erioad^
tinuous overload. R.S.O. 1960, c. 241, s. 515, amended. required
CRANES
530. — (1) Crane collector wires shall be isolated by eleva- Guarding
tion and, where necessary, guarded. New. fsofation
57
106
Disconnect- (2) Suitable means that will disconnect, under load, all
ing means ^ ^ . , , . . '
ungrounded conductors or the circuit supplying a crane, as
defined in subsection 1 of section 401, shall be,
(a) provided within sight of the main contact conductors
or within sight of the equipment if there are no main
contact conductors; and
Switch
required
in cab
(b) accessible and operable from the ground or the floor
over which the equipment operates. R.S.O. 1960,
c. 241, s. 568, amended.
531. A circuit-breaker or switch, capable of interrupting
the circuit under heavy loads, shall be used unless the current
collector can be safely removed, under heavy loads, from the
crane collector wires. R.S.O. 1960, c. 241, s. 569, amended.
Guarding
and isolation
Require-
ments for
trolley lines
underground
TROLLEY WIRES
532. Trolley lines shall be isolated by elevation and, where
necessary, guarded. R.S.O. 1960, c. 241, s. 573, amended.
533. In underground workings, trolley lines shall,
(a) be isolated by an elevation of not less than six feet;
(b) operate at a potential not exceeding 300 volts to
ground ;
(c) be efifectively guarded. R.S.O. 1960, c. 241, s. 574,
amended.
LIGHTING
Maximum
operating
voltage
534. The operating voltage of a lighting circuit shall not
exceed 300 volts and the voltage to ground of a conductor
shall not exceed 150 volts, but this section does not appy in
the case of electric locomotives and cranes using direct current.
R.S.O. 1960, c. 241, s. 564.
i^entmcation ^^^- ^^^ neutral conductor on lighting circuits shall be
identified by a white braid covering or other equivalent means.
R.S.O. 1960, c. 241, s. 565.
Portable
hand lamps
536. Portable lamps shall have their sockets enclosed in
suitably-insulated handles through which the conductors
shall be carried and shall have a protective cage that encloses
the lamp. R.S.O. 1960, c. 241, s. 563 (1), amended.
57
107
WIRING IN EXPLOSIVES AND BLASTING AGENTS STORAGES
537. All electrical wiring in explosives or blasting agents General
magazines, thaw houses, detonator or blasting cap storage
buildings, or cap and fuse houses, shall be installed in rigid
conduit with screwed water-tight joints or shall be armoured,
moisture-proof cable. R.S.O. 1960, c. 241, s. 544, amended.
538. All conduit, armour, fittings and fixtures shall be Grounding
permanently grounded. R.S.O. 1960, s. 241, s. 545.
539. The switches and fuses for lighting, heating or tele- Q°^o^Troi
phone circuits for explosives or blasting agents magazines, ^^^. . .
thaw houses, detonator or blasting cap storage buildings and
cap and fuse houses shall be in a fire-resisting cabinet located
outside the compartment in which explosives, blasting agents,
fuses or detonators, or blasting caps, are stored. R.S.O.
1960, c. 241, s. 546, amended.
540. Lighting fixtures shall be of an approved dust-tight Type of
type. R.S.O. 1960, c. 241, s. 548. flituref
required
541. Lighting circuits shall be fused at not more than Fusing of
10 amperes. R.S.O. 1960, c. 241, s. 547. cfrcuuf
542. Circuits supplying power to explosives or blasting Lightning
,,,,',, . ^ .. . . ° protection
agents storage shall be protected agamst lightnmg surges.
New.
543. Where explosives or blasting agents magazines or cap Type of
and fuse houses are heated electrically, a closed, liquid system required
shall be used. R.S.O. 1960, c. 241, s. 549, amended.
544. The electric heater shall be installed outside the com- Location
partment in which the explosives or blasting agents are stored,
and the heater and radiators shall be grounded. R.S.O.
1960, c. 241, s. 550, amended.
545. Heater circuits shall be fused at not more than ^^^^^^ °^
125 per cent of normal current. R.S.O. 1960, c. 241, s. 551. circuits
ELECTRIC BLASTING DEVICES
546. The firing device used for firing charges with elec- Construction
tricity from lighting or power cables shall be so arranged that,
{a) the switch mechanism will automatically return by
gravity to the open position ;
57
108
(b) the live side of such device is installed in a fixed
locked box and shall be accessible only to the author-
ized blaster;
(c) provision is made that the leads to the face are
short-circuited when the contacts of the electric
blasting device are in the open position;
(d) the box in which the electric blasting device and the
short-circuiting device are mounted is provided with
a lock and the door is so arranged that it cannot be
closed or locked unless the contacts of the electric
blasting device are open and the short-circuiting
device is in place;
(e) where electricity from 550-volt circuits is used for
blasting, the device shall be electro-magnetically
operated, except as provided in section 254. R.S.O.
1960, c. 241, s. 553.
Precautions
re instal-
lation of
blasting
cables
547. When blasting cables or wires are installed in the
vicinity of power or lighting cables, proper precautions shall
be taken to prevent the blasting cables or wires coming in
contact with the lighting or power cables. R.S.O. 1960, c. 241,
s. 554.
not°to*be ^^^- Circuits having a grounded conductor shall not bf
grounded yged for blasting. R.S.O. 1960, c. 241, s. 555.
ELECTRIC HOISTS
General 549 Sections 550 to 575 apply to all electric hoists regard-
less of the method of operation. New.
Braking ^^q — ^j^ p^^. ^^^^j^ electric hoist, protective devices shall
be provided, which, in conjunction with the mechanical
braking system, shall be capable of bringing a conveyance or
counterbalance safely to rest under all conditions of authorized
loading, direction of travel and speed without assistance from
the drive.
Idem
Safety
requirement
(2) Where supplementary electrical braking is employed,
at least the same degree of safety shall be supplied. R.S.O.
1960, c. 241, s. 575, part, amended.
551. Except where otherwise specified, current-carrying
parts of any safety device shall be so designed, installed and
maintained that the failure of any such part will initiate emer-
gency braking action to bring the hoist safely to rest. R.S.O.
1960, c. 241, s. 575, part, amended.
57
109
552. Devices shall be installed in each hoisting compart- ^^^^^ ^^"^it^^
ment that, in the event of an overwound conveyance or overwind
counterbalance, shall be operated directly by the conveyance
or counterbalance to initiate an emergency stop and bring
the conveyance or counterbalance to rest safely before it or its
rope attachments reach any obstruction to its free passage.
R.S.O. 1960, c. 241, s. 575, part, amended.
553. Devices shall be installed for each hoisting compart- ^rot^ctl^n^
ment that, in the event of an underwound conveyance or required
counterbalance, shall initiate an emergency stop and bring
the conveyance or counterbalance to rest safely before it or
its rope attachments reach any obstruction to its free passage,
except that, in the case of shaft sinking, inspection and
maintenance, the protection for an underwound conveyance
or counterbalance may be dispensed with. R.S.O. 1960,
c. 241, s. 575, part, amended.
554. Devices, driven from the operating drum or drums, o^^rwind
shall be installed, where the hoist operates at a rope speed of underwind
750 feet per minute or greater, that, in the event of an over- for high-
j J , .11 .11 speed hoists
wound or underwound conveyance or counterbalance, will
initiate an emergency stop and bring the conveyance or coun-
terbalance to rest safely before it or its rope attachments meet
any obstruction to its free passage, except that, in the case of
shaft sinking, inspection and maintenance, the protection for
an underwound conveyance or counterbalance may be dis-
pensed with. R.S.O. 1960, c. 241, s. 575, part, amended.
555. Each electric hoist shall have installed a device that*-*^®''^^®®^
will initiate an emergency stop and bring the conveyance or
counterbalance to rest safely should the rope speed exceed the
authorized maximum by a predetermined amount. R.S.O.
1960, c. 241, s. 575, part, amended.
556. Devices, driven from the operating drum or drums. Enforced
shall be installed where the hoist operates at a rope speed of
750 feet per minute or greater, that will enforce any neces-
sary reduction in speed as the conveyance approaches the
end of travel. R.S.O. 1960, c. 241, s. 575, part, amended.
557. No person shall alter the adjustment of any protective Adjustment
< • • of Drotoctiv©
device without proper authority. R.S.O. 1960, c. 241, s. 575, devices
part, amended.
558. — (1) Where ore or waste dumps, loading boxes or intermediate
• 11 , . ,1 1 • If . -1 1 obstructions
spiU-doors are installed in a shaft or winze at points other than
the upper and lower limits of normal travel of a conveyance
57
110
and where any part of such dump box or door interferes with
the free passage of a conveyance, there shall be installed,
(a) travel-limiting devices;
(b) travel -limiting devices as required by section 554,
where required;
(c) enforced slow-down devices as required by section
556, where applicable;
(d) positive locking devices for maintaining such ob-
structions out of the operating position in the shaft
or winze.
Idem
(2) The manager, or his agent, of a mine employing such
an intermediate obstruction shall provide a procedure to be
followed to ensure the safe operation of the installation.
Idem
(3) Before such an installation is made, plans and procedure
shall be submitted to the chief engineer for approval. R.S.O,
1960, c. 241, s. 575, part, amended.
requfred*^'^ 559. Emergency braking action shall be initiated to bring
electrical ^ conveyance or counterbalance to rest safely before it or its
system rope attachments reach any obstruction to its free passage
in the event of,
(a) the failure of the power supply to the hoist electric
system ;
(b) an overload on the hoist-drive motors of a magnitude
and duration exceeding what would be considered
an operating overload ; or
(c) a short-circuit on the hoist electric system. R.S.O.
1960, c. 241, s. 576, amended.
Backout
Idem
560. — (1) Every electric hoist shall have installed a device
to enable a conveyance or counterbalance to be removed
from an overwound or underwound position.
(2) Every such device shall be manually operable only.
R.S.O. 1960, c. 241, s. 577, amended.
Emergency
switch
561. A manually-operable switch shall be installed for each
electric hoist within reach of the manual controls that will,
when operated, initiate emergency braking action to bring the
conveyance or counterbalance safely to rest. R.S.O. 1960,
c. 241, s. 579, amended.
57
Ill
562. An underwind by-pass switch may be installed, where underwind
necessary, that will allow the conveyance to be lowered switch
through the underwind position if it is held in the closed
position by the hoistman and will return automatically to
the open position when not so held. R.S.O. 1960, c. 241,
s. 578.
563. Each electric hoist shall have installed, within plain Load meter
view of the manual controls, a meter that will indicate, at all ^^
times, the hoist motor load. R.S.O. 1960, c. 241, s. 580,
amended.
564. — (1) Where men are transported in skips or the skips Man-safety
... ^ ^ ... , 1111- iiTi- 1 requirements
oi skip-cage assemblies, there shall be installed a device that
will prevent the conveyance, carrying the men, from entering
the dumping position.
(2) Except in shaft sinking, such device shall be so installed ^'^^^
that, when it is put into operation, a distinctive signal will
be given, automatically, to men about to enter the conveyance.
(3) Such device is not required on electric hoists where idem
men are hoisted for shaft inspection or maintenance operations
only.
(4) Such device shall be put into operation, either manually idem
or automatically, when men are transported.
(5) In those cases where the device is automatically put idem
into operation by the hoistman 's return of the 3 -bell signal,
the circuit shall be so arranged that the failure of the relay
coils will not render the device inoperative. R.S.O. 1960,
c. 241, s. 581, amended.
565. Each electric hoist shall have installed a device Approach
whereby the hoistman is warned, audibly, that a conveyance signal
or counterbalance is about to enter the region where a reduc-
tion in speed is necessary for safe manual braking. R.S.O.
1960, c. 241, s. 582 (1), amended.
566. Sections 567 to 575 apply to all electric hoists that may Automatic
be operated automatically. New.
567. — (1) Every electric hoist shall have installed, only in Selection of
the same location as the manual controls, a device for the ^1;onfatic
change-over from manual to automatic control. control
(2) Such device shall be operated by authorized personnel i^*®"^
only. New.
57
112
Level or
cage control
568. Where an electric hoist is designed to be operated from
control stations on the levels or from a control station on the
conveyance, any device used to effect the changeover of
control shall be operable only at the level at which a convey-
ance is stopped. New.
Operation
of level-
installed
controls
569. — (1) Devices installed on the levels for the purpose of
selecting the conveyance destination and for initiating hoist
motion shall be operable only when the conveyance is stopped
at that level, except where the installation has been approved
for call operation.
Idem (2) There shall be a minimum delay of five seconds between
the operation of the level control device used to initiate hoist
motion and the actual motion when men are being handled.
Idem (3) The level control device used to initiate hoist motion
shall be so located that it may be operated by someone in the
conveyance stopped at that level.
Idem (4) Devices installed on the levels for the purpose of
initiating hoist motion shall, except for jogging, be operable
only when the shaft gate at the level at which the conveyance
is stopped is in the closed position. New.
o/'cage-^" 570.— (1) Devices installed in a conveyance for the purpose
installed of controlling hoist motion shall, except for jogging, be oper-
able only when the cage door is in the closed position.
Idem
(2) Where devices are installed in a conveyance for the
purpose of controlling hoist motion, one of the devices shall
be capable of initiating emergency braking action to bring the
conveyance safely to rest. New.
Friction
hoists
571. Sections 572 to 575 apply to all electric friction hoists.
New.
Jammed
conveyance
device
572. Each electric friction hoist shall have installed a device
that will initiate emergency braking action to bring the drum
to rest in the event of the occurrence of slip between the
hoisting rope or ropes and the hoist drum, such as might occur
with a conveyance or counterbalance jammed in the shaft or
caught at the end of travel. New.
Synchro-
nizing
device
573. Where creep or slip may alter the effective position of
safety devices, a means of synchronizing the safety devices
with the position of the conveyance in the shaft shall be
provided. New.
57
113
574. If the electrical engineer deems it necessary, he may, Spe9iai
after consultation with the manager, conduct or require to be
conducted specific tests of the efficiency of all electric over-
wind and underwind devices, signalling and warning devices
and hoisting controls and equipment. R.S.O. 1960, c. 241,
s. 583.
575.— (1) The owner or manager of a mine where an electric Electrical
, . . . '^ , ,, , Hoisting
hoist IS in use shall depute some competent person or persons Equipment
whose duty it is to examine at least once in each week the
hoist motor and control apparatus, electric safety devices and
hoisting signalling equipment.
(2) The report of such examination shall be recorded as idem
provided in subsection 3.
(3) The owner or manager shall keep or cause to be kept idem
at the mine for each hoist a book called the Electrical Hoisting
Equipment Record Book in which shall be recorded a report
of every such examination and a notation of any failure or
accident to such equipment and the action taken regarding
it, signed by the person making the examination,
(4) Such entries of the weekly examination shall be read idem
and signed every week by the person in charge of such equip-
ment or accessories thereto.
(5) A notation of the action taken regarding the report idem
of any failure or accident to any part of the electrical equip-
ment used in connection with the hoist or the signalling
equipment shall be made over the signature of the person in
charge of such equipment or accessories thereto.
(6) The Electrical Hoisting Equipment Record Book shall ^*^®"^
be made available to the engineer at all times. R.S.O. 1960,
c. 241, s. 584.
UNDERGROUND INSTALLATIONS
576. The provisions of this Part that apply to surface General
installations apply equally to underground installations,
except sections 577 to 594, which apply only to underground
installations. R.S.O. 1960, c. 241, s. 585.
577. — (1) Where electrical energy is taken underground, Jo^t^^ijjf^^
provision shall be made so that the current may be cut off on feeders
the surface. R.S.O. 1960, c. 241, s. 588 (1).
(2) The control device shall be accessible to authorized ^'^^"^
persons only. R.S.O. 1960, c. 241, s. 588 (2), amended.
57
114
Wiring
methods
578. — (1) Conductors for all circuits not over 150 volts
to ground shall either be installed in standard conduits,
armoured or have non-flammable jackets and be adequately
supported. R.S.O. 1960, c. 241, s. 592 (1), amended.
Idem
Idem
(2) All fixed conductors transmitting power underground
at over 150 volts to ground shall be armoured or enclosed in
standard conduit and substantially supported. R.S.O. 1960,
c. 241, s. 592 (2).
(3) Open-type wiring shall not be used except in cases
of extreme emergency. R.S.O. 1960, c. 241, s. 592 (3),
amended.
Cable test
required
579. All new cables purchased for the transmission of
power underground at a potential in excess of 750 volts shall
be accompanied by the manufacturer's certified report of
insulation tests, a copy of which shall be filed with the chief
engineer. R.S.O. 1960, c. 241, s. 595.
Gable
rating
580. — (1) All cables transmitting power underground at a
potential exceeding 750 volts shall have a voltage rating of
50 per cent higher than the normal operating voltage. R.S.O.
1960, c. 241, s. 596 (1).
Idem
(2) Cable of standard rating for the normal operating
voltage may be used where the cable is supplied through a
circuit-breaker from a circuit where the neutral point is
grounded in such a manner as to.
(a) limit fault current; and
(Jb) limit the possible rise of fault potential on any
connected equipment to a maximum of 100 volts.
and where ground fault protection is provided,
c. 241, s. 596 (2), amended.
R.S.O. 1960,
Requirements ^^^- ^he armouring or casings of all cables shall be bonded
together so as to be electrically continuous and shall be con-
nected at some point or points to a satisfactory ground on
surface. R.S.O. 1960, c. 241, s. 593.
Adequate
grounding
for
equipment
582. Where the armouring or casings of cables do not
provide an adequate grounding system for underground elec-
trical equipment, a copper or other non-corrosive grounding
conductor of adequate size shall be run from such equipment
to a satisfactory ground on surface. R.S.O. 1960, c. 241,
s. 594.
57
115
583. Suitable terminatine facilities shall be provided to Terminating
protect cables from harm due to moisture or mechanical
damage. R.S.O. 1960, c. 241, s. 597, amended.
584. Tunction boxes on a cable transmitting power at a ?;',o<=^"pj^ °^
potential exceeding 300 volts shall not be located in a shaft boxes
or winze or attached to any timbers at a shaft or winze station
or headframe. R.S.O. 1960, c. 241, s. 600.
585. Splices shall not be made in shaft or winze conductors Appro vaj
unless approved by the electrical engineer. R.S.O. 1960,
c. 241, s. 601, amended.
586. Adequate precautions shall be taken to prevent signal |j^°*ai°and ^^
and telephone cables coming into contact with other electric ^^^jP^^*^®
systems. R.S.O. 1960, c. 241, s. 598, amended.
587. The operating voltage on signal systems shall not^fta^^^o?
exceed 150 volts to ground. R.S.O. 1960, c. 241, s. 589.
signal
system
588.— (1) One conductor of the two-wire signal circuit g.^Oj^'J^di^g
shall be grounded where the power supply is obtained from a system
transformer having a primary voltage in excess of 750 volts.
(2) The signal system may be operated with both con- idem
ductors ungrounded when the supply is from a transformer
having a primary voltage in excess of 750 volts, if an insulating
transformer having a 1-to-l ratio is installed between the
supply and the signal system. R.S.O. 1960, c. 241, s. 590.
589. Where an electrical hoisting-signal system is installed ^gna^^^®
at a shaft or winze, there shall be a suitable, separate, audible ^^^^1^^^^^^
signal system for the control of each hoisting conveyance
operated from a single hoist and there shall be a sufficient
difi^erence in the sounds of the signals to the hoistman that
they are easily distinguishable and it shall be so arranged
that the hoistman can return the signal to the person giving
the signal. R.S.O. 1960, c. 241, s. 591.
590. The type and location of transformers installed under- fg^tners
ground are subject to the approval of the electrical engineer, type and
R.S.O. 1960, c. 241, s. 602. ''''^'""
591. — (1) All transformers over 2 kva, unless insulated ^rniers and
with non-flammable dielectric liquids or Class B or Class C rooms"'^"^®'^
insulation, when installed underground, shall be efi'ectively
isolated from the mine workings by enclosure in rooms con-
structed of fire-resisting materials throughout and a door sill
of not less than six inches in height shall be provided.
57
116
I'iem (2) No material or equipment of any kind, including air
lines, air ducts, water and steam lines, shall pass through or
terminate within the room, other than that essential to the
transformer installation for its proper operation and safety.
(3) The covers of the ventilation openings shall be held
open by thermal fuse links and shall close by gravity, and the
door shall be constructed of steel or other suitable material.
(4) No transformer station shall be located within 200 feet
of an explosives or blasting agents storage. R.S.O. 1960,
c. 241, s. 603.
prevention ^^^- — (^) ^^^ supports for elcctric motors, transformers,
underground control and protective equipment and other electric apparatus
and the compartments in which they are installed shall be of
such material and constructed in such a manner as to reduce
the fire hazard to a minimum. R.S.O. 1960, c 241, s. 586 (1),
amended.
Idem
Idem
Electric
heaters
^'^^"^ (2) No flammable material shall be stored or placed in the
same compartment with any such equipment or apparatus.
R.S.O. 1960, c. 241, s. 586 (2).
593. Where lamps or heating units are used underground,
they shall be so installed and protected as to prevent the
heat generated from becoming a fiire hazard. R.S.O. 1960,
c. 241, s. 604, amended.
Fif?" . ^. 594. — (1) Approved fire -extinguishing devices for use on
extmguishing , , . , / , it i -i i i • • , • i- •
devices electncal nres shall be provided and mamtamed ni condition
for immediate use.
Idem
(2) They shall be conveniently mounted at or in every
place containing electrical apparatus having flammable insu-
lation or parts that, once ignited, may support combustion.
R.S.O. 1960, c. 241, s. 587.
GENERAL
Wilful
damage ti
property
595. No person shall wilfully damage or, without proper
authority, remove or render useless any fencing, casing, lining,
guide, means of signalling, signal, cover, chain, flange, horn,
brake, indicator, ladder, platform, steam gauge, water gauge,
safety valve, electrical equipment, fire-fighting equipment,
first-aid equipment or other appliance or thing provided in a
mine in compliance with this Act. R.S.O. 1960, c. 241, s. 605.
unde"rThe ^^^- ^° person under the influence of or carrying intoxi-
''f or^"*^^^ eating liquor shall enter a mine or be in the proximity of a
carrying Working place on the surface or near machinery in motion.
''''"°' R.S.O. 1960, c. 241, s. 606.
57
117
597. Abstracts of the provisions of this Act, authorized ^'^^*'"^''*^
by the chief engineer, shall be posted up in suitable places posted
at the mine or works where they can be conveniently read,
and the owner or agent of the mine shall maintain such ab-
stracts duly posted, and the removal or destruction of any of
them is an offence against this Act. R.S.O. 1960, c. 241, s. 607.
598. The Minister may prescribe the charge to be made charges
for any record or log book required under this Part. R.S.O.
1960, c. 241, s. 608.
TESTING LABORATORIES
599. The Minister may, out of the moneys that are appro- Testing
priated for the purpose, establish, maintain and operate one
or more laboratories for the purpose of testing or examining
hoisting ropes or other appliances used in or about a mine and,
by regulations made by the Lieutenant Governor in Council,
may provide for,
(a) the management and operation of such laboratory
or laboratories;
(b) the charges to be paid for services performed in such
laboratory or laboratories;
(c) such other purposes as the Lieutenant Governor in
Council deems proper. R.S.O. 1960, c. 241, s. 609.
PARTY WALLS
600. — (1) Subject to section 197 and except by agreement Boundary
under subsection 3, no mining operations shall be carried on
within a distance from the property boundary of a mine or
mining property of twice the width or thickness of the orebody
at the boundary, measured parallel to the boundary from
foot wall to hanging wall and normal to the dip, and in no
event shall mining operations be carried on within a distance
of twenty feet from the boundary measured from the perpen-
dicular to the boundary,
(a) except that, for the purposes of preliminary investi-
gation, development headings may be advanced to
twenty feet from the boundary; and
(b) except that exploratory diamond drilling may be
done.
(2) Subsection 1 does not apply to operations at sand,^°J}jQ^jjjjjj
gravel or clay pits or open-cast rock quarries.
57
118
Agreement (3) Adjoining owners may, by agreement in writing signed
owners by them, carry on mining operations within the distances
from the property boundary mentioned in subsection 1.
Certified
copies to
Minister
(4) Two certified copies of every such agreement shall be
sent to the Minister and shall take effect upon written acknowl-
edgement of receipt of the agreement by the Minister. R.S.O.
1960, c. 241, s. 610.
Disagree-
ment on
boundary-
operations
601. — (1) Where adjoining owners are unable to agree to
carry on mining operations within the distances from the
property boundary mentioned in subsection 1, application
may be made to the Minister by either owner requesting the
appointment of a committee to investigate in what manner
and within what distances from the boundary mining opera-
tions may be carried on.
Appoint-
ment of
committee
(2) Upon receipt of an application under subsection 1, the
Minister may appoint a committee of three disinterested
persons, one of whom shall be designated chairman, who are
competent to investigate mining conditions at the boundary.
Duty of
committee
(3) The committee so appointed shall hear representations
from the adjoining owners and conduct such investigation of
mining conditions on the adjoining mining properties as may
be necessary at a time or times named by the Minister.
Report of
committee
(4) Upon completion of their investigation, the committee
shall forthwith submit a report in writing to the Minister with
recommendations concerning terms and conditions of mining
operations at the boundary.
Order of
Minister
Suspected
breach or
trespass of
party wall
(5) Upon receipt of the report of the committee, the
Minister may issue an order establishing the terms and con-
ditions to be observed in mining operations at the boundary
and shall fix the costs of the committee to the adjoining
owners. R.S.O. 1960, c. 241, s. 611.
602. — (1) Where the owner of a mine or mining property
has reason to believe that a breach has been made in or a
trespass has been committed with respect to the party wall
between his mine or mining property and an adjoining mine
or mining property, application may be made to the Minister
by the owner for the appointment of a committee to examine
the party wall and enter the adjoining mines or mining prop-
erties with an assistant or assistants and use where necessary
the workings and appliances thereof.
Appoint-
ment of
committee
(2) Upon receipt of an application under subsection 1, the
Minister may appoint a committee of three disinterested
persons, one of whom shall be designated chairman, who are
57
119
competent to conduct such examination of the party wall as
may be necessary.
(3) The committee so appointed shall conduct such exami- D^J^of ^^
nation of the party wall as may be necessary at a time or
times named by the Minister.
(4) Upon completion of the examination, the committee Re^^t^oJ^
shall forthwith submit a report of its findings in writing to
the Minister.
(5) Upon receipt of the report of the committee, the^^osts
Minister shall fix the costs of the committee to one or both
owners.
(6) Where a breach has been made in a party wall of a mine part^^aii
by the owner of an adjoining mine, or by his employees or
agents, without the permission in writing of the owner of the
first-mentioned mine or without authority under this Act, the
Minister may make an order directing the offending owner
to close the breach permanently or to carry out such measures
as the Minister deems necessary to prevent water from flowing
into the mine of the owner complaining of the breach.
(7) Where work has been discontinued in the mine of the^^^^*®^
offending owner or where expedient for any other reason, the ^ut^orize
Minister may authorize the owner complaining of the breach,
his employees or agents, to enter the mine and works of the
offending owner to erect bulkheads and carry out such meas-
ures as the Minister deems necessary to protect from damage
the mine of the owner complaining of the breach and his
employees and agents from danger from accumulations of
water in the mine of the offending owner. R.S.O. 1960, c. 241,
s. 612.
603. For good cause shown and upon such terms as seem Minister
, - - .° . .^, , , . may vary or
just, the Mmister may vary or rescmd an order made under rescind order
section 601 or 602. R.S.O. 1960, c. 241, s. 613.
BRINE WELLS
604. — (1) In this section, interpre-
(a) "brine well" means a hole or opening in the ground
for use in brining;
(b) "brining" means the extraction of salt in solution by
any method.
57
120
Permit to (2) No persoii shall drill or bore a brine well except under
drill a the authority of a permit in writing issued by the Minister
brine well t-- ir • i -iir
upon application thereior in the prescribed lorm.
Permits
not issued
(3) A permit shall not be issued,
(a) to authorize a person to drill or bore a brine well on
property in which he does not own, hold or lease, or
is not otherwise entitled to, the mining rights; or
(b) where the proposed brine well is nearer the boundary
of such property than 500 feet.
Location of
brine well
(4) The chief engineer may reduce or extend the distance
referred to in clause b of subsection 3 where in his opinion it
is advisable to do so and shall notify the applicant of any such
reduction or extension within thirty days from the date upon
which the application for the permit is filed.
Conditi9n (5) A permit is subject to the condition that the brine well
in respect of which it is issued is bored or drilled in the location
described in the permit.
Time for
issuance
of permit
(6) A permit shall be issued or refused within thirty days
from the date on which the application therefor is filed, except
that, where notice has been given by the chief engineer under
subsection 4, the permit shall be issued upon the receipt by
the Minister of the applicant's consent thereto.
Log of
drilling
operations
(7) Where a person drills or bores a brine well, he shall
forward a log of the drilling or boring in the prescribed form
in duplicate to the chief engineer within thirty days of the
completion of the drilling or boring operations, and, upon his
request in writing, the log shall be confidential for a period of
six months.
o7water°'^ (8) A person boring or drilling a brine well shall take such
horizons reasonable measures as are necessary to control the infiltration
of water from one horizon to any other horizon that may be
penetrated during the drilling or boring operations.
of depos?ts (9) All brine wells shall be cased and equipped so as to
reasonably ensure against the uncontrolled flow of oil, natural
gas, brine or water.
standard
of casing ^
and equip-
ment
(10) Casing and equipment shall be in good condition and
of a thickness and strength adequate to withstand any fluid
pressure to which they might normally be subjected.
57
121
(11) Where practicable, all brine wells shall be plugged P^^l^^^g^*"
by the person operating them, before being abandoned, in aweiis
manner that will,
(a) reasonably ensure that salt horizons and potential
oil or natural gas producing horizons are protected;
and
(b) retain water and brine in their original formations.
(12) Before commencing to plug a brine well, the Person ?j.®P^rg*gO*"
proposing to carry out the plugging operations shall report plugging
the particulars thereof to the chief engineer in the prescribed
form.
(13) Where a person plugs a brine well, he shall forward ^j^g^g^^^g^
a record of the plugging in the prescribed form in duplicate °p®'"^*^°'^^
to the chief engineer within thirty days of the completion of
the plugging operations. R.S.O. 1960, c. 241, s. 614.
NOTICE OF NON-FATAL ACCIDENTS
605. Where, in or about a mine, metallurgical works, ^°i^g®jjt^
quarry, or a sand, clay or gravel pit, an accident occurs that
causes fracture or dislocation of any bones of the body, or
any other injury that in the opinion of the attending physician
may result in the injured person being incapacitated for work
for at least five days, to a person employed therein, the
owner, agent, manager or superintendent shall within three
days of the accident send notice in writing to the engineer
resident in that part of Ontario in which the mine, works,
quarry or pit is situate on the form prescribed for such purpose.
R.S.O. 1960, c. 241, s. 615.
NOTICE OF SPECIAL OCCURRENCES
606. — (1) Where in or about a mine, ''^®™
(a) an accident involving the hoist, sheaves, hoisting
rope, shaft or winze conveyance, or shaft or winze
timbering;
(b) an explosion or fire involving an air compressor, air
receiver or compressed air line;
(c) an inrush of water from old workings or otherwise;
(d) a failure of an underground dam or bulkhead, as
defined by subsection 1 of section 202;
57
122
(e) an outbreak of fire below ground or an outbreak of
fire above ground if it endangers any structure of
the mine plant;
(/) a premature or unexpected explosion or ignition of
explosives or blasting agents;
(g) an asphyxiation effecting a partial or total loss of
physical control;
(h) a flammable gas in the mine workings; or
(i) an unexpected and non-controlled extensive sub-
sidence or caving of mine workings,
occurs, whether or not loss of life or personal injury is caused
thereby, the owner, agent, manager or superintendent of the
mine shall, within the twenty-four hours next after the occur-
rence, send notice in writing in duplicate to the district engi-
neer resident in that part of Ontario in which the mine is
situate and shall furnish, upon request, such particulars in
respect thereof as the engineer requires.
Notice of
occurrence
of fire and
need of
rescue
equipment
(2) Where in or about a mine an outbreak of fire occurs
that endangers the health or safety of one or more persons
and the services of the mine rescue stations are required, the
owner, agent, manager or superintendent shall immediately
notify the rescue station superintendent and the district
engineer resident in that part of Ontario in which the mine
is situate.
Rockburst (3) Where a rockburst occurs, whether or not loss of life
or personal injury is caused thereby, and its location is
determined as being within the workings of a mine, the
owner, agent, manager or superintendent of the mine shall,
within the twenty-four hours next after the location of the
burst has been determined, send notice in writing to the
district engineer resident in that part of Ontario in which
the mine is situate and shall furnish, upon request, such par-
ticulars with respect thereto as the engineer requires.
Record of
rockbursts
(4) A record of the occurrence of all rockbursts at a mine
shall be kept, showing, as far as possible, the time, location,
extent of the burst, any injury to persons and any other
information pertaining to the burst, and such record shall be
available to the engineer at all times. R.S.O. 1960, c. 241,
s. 616.
57
123
OTHER NOTICES AND INFORMATION
607.— (1) The owner or agent shall give or cause the written
manager or superintendent of a mine to give written notice owner or
to the chief engineer and to the district engineer resident in^^®"^*
that part of Ontario in which the mine is situate,
(a) of the intended installation of a mine hoisting plant,
power plant or treatment plant under the jurisdiction
of the Department and the name and address of
the person in charge of the operation at least fourteen
days prior to the commencement of work on such
installation, and the notice shall also give the lot,
concession and township or claim numbers on which
operations are to commence and the specifications
and layout of the plant;
(b) of the connection or reconnection of any mining
electrical equipment with a source of electrical
energy controlled by any other person at least
fourteen days prior to the connection or reconnection ;
(c) of the commencement or resumption, after an inter-
ruption of one month or more, of mining operations
within fourteen days after the commencement or
resumption; and
(d) of the closing down of the mine and that,
(i) the requirements of subsection 1 of section 168
as to the fencing of the top of the shaft,
entrances from the surface, pits and openings,
(ii) the requirements of section 225 as to the
disposal of explosives and blasting agents,
(iii) the requirements of section 374 as to the
abandonment of a shaft compartment for
hoisting purposes and as to the removal and
disposition of hoisting ropes,
(iv) the requirements of section 456 as to the
disconnection of the supply station from the
power source and notification of same to the
chief engineer, and
(v) the requirements of subsections 7 and 8 of
section 609 as to the filing of plans and
sections,
have been complied with within fourteen days of
the closing down.
57
124
Information
for engineer
(2) The owner, manager or superintendent of a mine shall
furnish to the engineer resident in that part of Ontario in
which the mine is situate all information that the engineer
requires for the purposes of his returns. R.S.O. 1960, c. 241,
s. 617.
STATISTICAL RETURNS
Statistical 608.— (1) For the purpose of their tabulation under the
returns . . ^ ^ ^ , . V • • . r
instructions ot the Minister, the owner or agent oi every
mine, quarry or other works to which this Act applies shall,
on or before the 31st day of March in every year, send to the
Department on the forms supplied a correct return for the
year that ended on the 31st day of December next preceding,
showing the number of persons ordinarily employed below
and above ground respectively, the total amount of wages
paid during the year, the quantity in standard weight of the
minerals dressed and of the undressed mineral that has
been sold, treated or used during such year, and the value
or estimated value thereof, and such other particulars as the
Minister by regulation prescribes.
quarterly "'^ (2) The owiier or agent of every metalliferous mine shall,
returns if required, make a similar return for the month or quarter
at the end of each month or quarter of the calendar year.
Offence
(3) Every owner or agent of a mine, quarry or other works
who fails to comply with this section, or makes a return
that is to his knowledge false in any particular, is guilty of
an ofifence against this Act. R.S.O. 1960, c. 241, s. 618.
MINE PLANS
Plans to
be kept
609. — (1) At every mine, the owner or manager shall
cause the following plans on a scale acceptable to the chief
engineer to be kept up to a date not more than six months
last past:
1. A sui-face plan showing the boundaries of the prop-
erty, all lakes, streams, roads, railways, electric
power transmission lines, main pipe lines, buildings,
shaft openings, adits, open surface workings, dia-
mond-drill holes, outcroppings of rock, and dumps
and tailing-disposal sites.
2. Underground plans of each level and section showing
all underground workings, including shafts and
tunnels, diamond-drill holes, dams and bulkheads,
and each level plan shall be shown on a separate
drawing.
57
125
3. Vertical mine sections at suitable intervals and at
suitable azimuths, showing all shafts, tunnels, drifts,
stopes and other mine workings in relation to the
surface, including the location of the top of the bed-
rock, surface of the overburden and the bottom and
surface of any known watercourse or body of water,
and each section shall be shown on a separate
drawing.
4. Adequate ventilation plans, showing the direction
and volume of the main air currents, the location of
permanent fans, ventilation doors and stoppings, and
connections with adjacent mines.
(2) The owner or manager of every mine in which electricity idem
is used underground shall keep or cause to be kept up to a
date not more than six months last past an adequate plan or
diagram showing on a suitable scale the following information:
1. The position of all fixed electrical apparatus in the
mine.
2. The routes of all fixed power feeders and fixed
branch feeders properly noted and referenced.
3. The rating of all electrical feeder control apparatus
and equipment.
(3) Such plans or diagrams shall be available to the engineer idem
at all times and copies of the plans or diagrams shall be
furnished him upon request.
(4) On any examination or inspection of a mine, the owner. Marking
• 1 1 11 -f -1 1 1 subsequent
manager or supermtendent shall, it required, produce to the progress
engineer or other person authorized by the Minister or the^"^^"
Deputy Minister all plans and sections of the workings re-
ferred to in subsections 1, 2 and 3.
(5) The owner, manager or superintendent shall, if required ^^^^
by the engineer or other person authorized by the Minister
or Deputy Minister, cause to be marked on such plans and
sections the progress of the mine up to the time of the exami-
nation or inspection, and shall furnish him with a copy or
tracing thereof.
(6) Certified copies of the plans required by paragraph 2 of w<frking
subsection 1 and mine sections showing all shafts as required ^J'ffili"
by paragraph 3 of subsection 1 shall be made and filed in the
Department on or before the 31st day of March in each year,
showing the workings of the mine up to and including the
31st day of December next preceding.
57
126
Plans to
be filed
before
abandon-
ment
(7) Before a mine or a part of a mine is abandoned, closed
down or otherwise rendered inaccessible, all underground
plans and sections referred to in paragraphs 2 and 3 of sub-
section 1 shall be brought up to date and a certified copy filed
in the Department.
Idem
(8) Before work at a mine ceases, the surface plan referred
to in paragraph 1 of subsection 1 showing all openings to
underground workings shall be brought up to date and a
certified copy filed in the Department.
Responsi-
bilitytof
owner
(9) The owner of every mine, quarry or other works to
which this section applies is responsible for compliance with
the provisions thereof, and every owner or other person who
fails to comply with any of the provisions of this section,
or who produces to an engineer or other authorized person,
or files or causes to be produced or filed, a plan that to his
knowledge is false in any particular is guilty of an offence
against this Act.
Plans to be
treated as
confidential
(10) Every such plan shall be treated as confidential infor-
mation for the use of the officers of the Department and shall
not be exhibited, nor shall any information contained therein
be imparted to any person except with the written permission
of the owner or agent of the mine. R.S.O. 1960, c. 241, s. 619.
Powers of
engineer
POWERS AND DUTIES OF ENGINEERS
610. — (1) It is the duty of the engineer and he has power,
(a) to make such examination and inquiry as he deems
necessary to ascertain whether this Act is complied
with, and to give notice to the owner or agent in
writing of any particulars in which he considers the
mine or any part thereof, or any matter, thing or
practice, to be dangerous or defective or contrary to
this Act, and to require the same to be remedied
within the time named in the notice;
(b) to enter, inspect and examine any mine or any part
thereof at any reasonable time by day or night,
but so as not to unnecessarily impede or obstruct
the working of the mine;
(c) to order the immediate cessation of work in and
the departure of all persons from any mine or part
thereof that he considers unsafe, or to allow persons
to continue to work therein on such precautions
being taken as he deems necessary; and
57
127
(d) to exercise such other powers as he deems necessary
for ensuring the health and safety of miners and all
other persons employed in or about mines, smelters,
and metallurgical and mining works.
(2) It is the duty of the engineer to make a report of every Reports of
^ \ . ... 1-1 fi-1 1- engineer
exammation and mquiry made m the course oi his duty durmg
the year to the Minister, the Deputy Minister or the chief
engineer, as required by the circumstances, immediately upon
the completion of the examination or inquiry. R.S.O. 1960,
c. 241, s. 620.
611. — (1) The Minister may direct an engineer to make ^p®°^^^
a special report with respect to any accident in or about a
mine that has caused the loss of life or injury to any person,
or with respect to any condition in or about a mine.
(2) In conducting the inquiry, the engineer has power to Engineer
compel the attendance of witnesses and the production of evidence
books, documents and things, and to take evidence upon oath.
R.S.O. 1960, c. 241, s. 621.
612. — (1) Non-compliance with a written order of the^^®"^®
engineer issued in accordance with section 610 shall be deemed
an offence against this Part.
(2) Failure to give written notice of the completion of any idem
work in accordance with a written order of the engineer
issued under section 610 shall be deemed an offence against
this Part. R.S.O. 1960, c. 241, s. 622.
Part X
REFINERY PROVISIONS
613. In this Part, "refinery" means apparatus or equip- J^*j®''p''«-
ment that may be used for the refining, retorting, smelting,
assaying or treating by any other method of any ore, mineral
or substance for the purpose of recovering or determining the
quantity of gold, platinum, silver or any other precious metal
therefrom or therein. R.S.O. 1960, c. 241, s. 623.
614. No person shall own, operate, use or have a refinery Refinery
, . ^ . , , • , "V licence
m nis possession, under his control or upon any property of
which he is the owner, licensee, lessee or tenant unless a
refinery licence has been granted in respect of such refinery,
except that no refinery licence shall be required in respect of a
refinery for which a certificate of exemption has been issued.
R.S.O. 1960, c. 241, s. 624.
57
128
Powers of
Minister as
to refinery
licences
615. — (1) The Minister may,
(a) issue and renew refinery licences and certificates of
exemption;
(b) refuse to issue or renew a refinery licence or certificate
of exemption, or suspend, cancel or revoke a refinery
licence or certificate of exemption for any reason that
he deems sufficient in the public interest ;
(c) prescribe the forms of refinery licences, certificates
of exemption, applications therefor and renewals
thereof; and
(d) prescribe the fee payable upon the issue and renewal
of refinery licences and certificates of exemption.
Term of (2) Every refinery licence and certificate of exemption
certificate expires on the 31st day of March next following the issue
o exemp on ^j^gj-gQf ^j^^j every renewal of a refinery licence or certificate
of exemption expires on the 31st day of March next following
the expiration of the refinery licence or certificate of exemption
or the last renewal thereof. R.S.O. 1960, c. 241, s. 625.
Use of
refinery
of^xeirfpfion ^^^- — (^) ^ Certificate of exemption may be issued in
respect of a refinery where the Minister is satisfied that the
refinery is not maintained or used for the refining, retorting,
smelting, assaying or treating of any ore, mineral or substance
for the purpose of recovering or determining the quantity of
gold, platinum, silver or any other precious metal therefrom or
therein or is used only for educational purposes.
(2) No person who owns or has in his possession, under
his control or upon any property of which he is the owner,
licensee, lessee or tenant a refinery in respect of which a certifi-
cate of exemption has been issued shall permit the refinery
to be operated or used nor shall he or any other person operate
or use the refinery for the refining, retorting, smelting, assay-
ing or treating of any ore, mineral or substance for the purpose
of recovering or determining the quantity of gold, platinum,
silver or any other precious metal therefrom or therein. R.S.O.
1960, c. 241, s. 626.
617. Every person who contravenes any of the provisions
of this Part is guilty of an offence and is liable to a fine of not
less than $10 and not more than $500 or to imprisonment for
a term of not more than one year, or to both fine and imprison-
ment. R.S.O. 1960, c. 241, s. 627.
Application 618, This Part applies notwithstanding that the owner
or operator of a refinery is the holder of a licence issued under
any Act. R.S.O. 1960, c. 241, s. 628.
57
Offence
129
619. The Minister may appoint any person to conduct an commission
inquiry into any charge or complaint that a person has contra- ° ^"^"^""^
vened any of the provisions of this Part, or into any matter
or thing connected with or arising out of the operation of this
Part, and such person has the same power to enforce the
attendance of witnesses and to compel them to give evi-
dence and produce documents and things as is vested in any
court in civil cases. R.S.O. 1960, c. 241, s. 629.
Part XI
OFFENCES, PENALTIES AND PROSECUTIONS
620. — (1) Every person who, Offence
(a) prospects, occupies or works any Crown lands or
mining rights for minerals otherwise than in accord-
ance with this Act;
(b) performs or causes to be performed on any Crown
lands, or on any lands where the mining rights are
in the Crown, any boring by diamond or other core
drill for the purpose of locating valuable mineral in
place, except where such Crown lands or mining
rights have been staked out and recorded as a mining
I
claim in accordance with this Act;
(c) wilfully defaces, alters, removes or disturbs any post,
stake, picket, boundary line, figure, writing or other
mark lawfully placed, standing or made under this
Act;
(d) wilfully pulls down, injures or defaces any rules or
notices posted up by the owner or agent of a mine;
(e) wilfully obstructs the Commissioner or any ofificer
appointed under this Act in the execution of his duty;
(/) being the owner or agent of a mine, refuses or neglects
to furnish to the Commissioner or to any person
appointed by him or to any officer appointed under
this Act the means necessary for making an entry,
inspection, examination or inquiry in relation to a
mine under this Act, other than Part IX;
(g) unlawfully marks or stakes out in whole or in part a
mining claim, a placer mining claim, or an area for
a boring permit;
57
130
(h) wilfully acts in contravention of this Act, other than
Part IX or Part X, in any particular not hereinbefore
set forth ;
(i) wilfully contravenes any provision of this Act or any
regulation for the contravention of which no other
penalty is provided ;
(j) wilfully makes any material change in the wording
or numbering of a miner's licence after its issue; or
(k) attempts to do any of the acts mentioned in the
foregoing clauses,
is guilty of an offence against this Act and is liable to a fine of
not more than $20 for every day upon which the offence
occurs or continues.
False
statements
(2) Every person who knowingly makes a false statement
in an application, certificate, report, statement or other docu-
ment filed or made as required by or under this Act or the
regulations is guilty of an offence and is liable to a fine of $500
or to imprisonment for a term of not more than six months,
or to both. R.S.O. 1960, c. 241, s. 630.
Smelters 621. — (1) No person shall construct or cause to be con-
structed a plant for the smelting, roasting, refining or other
treatment of ores or minerals that may result in the escape
or release into the open air of sulphur, arsenic or other fumes
in quantities that may injure trees or other vegetation unless
and until the site of the plant has been approved by the
Lieutenant Governor in Council.
Offence
(2) Every person who constructs or causes to be constructed
a plant for the smelting, roasting, refining or other treatment
of ores or minerals, without the approval of the Lieutenant
Governor in Council, and sulphur, arsenic or other fumes
escape or are released therefrom into the open air and injure
trees or other vegetation is guilty of an offence and is liable
to a fine of not more than $1,000 for every day upon which
such fumes escape or are released therefrom into the open air.
R.S.O. 1960, c. 241, s. 631.
Disobeying
order or
award of
Commis-
sioner
622. Every person who wilfully neglects or refuses to obey
any order or award of the Commissioner, except for the pay-
ment of money, is, in addition to any other liability, liable to
a fine of not more than $250 and, upon conviction thereof, is
liable to imprisonment for a term of not more than six months
unless the fine and costs are sooner paid. R.S.O. 1960, c. 241,
s. 632.
57
131
623. — (1) No person who, use of word
^ ' t' "Bureau"
prohibited
(c) carries on the business of mining or dealing in mines,
mining claims, mining lands, or mining rights, or the
shares, stocks, or bonds of a mining company; or
{h) acts as broker or agent in or for the disposal of
mines, mining claims, mining lands, or mining rights,
or of any such shares, stocks or bonds; or
(c) offers or undertakes to examine or report on a mine,
mining claim, mining land or mining rights,
shall use the word "Bureau" as the name or title or part of
the name or title under which he acts or carries on business.
(2) Every person who contravenes any of the provisions of o^ence
this section is guilty of an offence and is liable to a fine of not
more than $20 for every day upon which the offence occurs
or continues. R.S.O. 1960, c. 241, s. 633.
624. — (1) An owner, agent or other person who contra- PenaUy^^^
venes any provision of Part IX is guilty of an offence and is against
liable to a fine of not more than $1,000.
(2) Where the Deputy Minister or an engineer has given A^djUonai^
written notice to an owner or agent or a person engaged or continuing
employed in or about a mine that an offence has been com-
mitted against Part IX, such owner or agent or other person
is liable to a further fine of not more than $100 for every day
upon which the offence continues after such notice.
(3) An owner, agent or other person is, upon conviction, ^p^'^o^-
liable to imprisonment for a term of not more than three
months unless the fine and costs are sooner paid.
(4) Where the offence is one that might have endangered rnenPof"
the safety of those employed in or about the mine or caused aglin*^®""
serious personal injury or a dangerous accident, and was com- ?^^* ^.^^^^^
mitted wilfully by the personal act, default or negligence of cases
the accused, every person who is guilty of an offence against
Part IX is, in addition to or in substitution for any fine that
may be imposed, liable to imprisonment with or without hard
labour for a term of not more than three months. R.S.O. 1960,
c. 241, s. 634.
625. — (1) No prosecution shall be instituted for an offence J^^^ututing^^
against Part IX or Part X or any regulation made in pursuance for offences
thereof except,
(a) by an engineer;
57
1132
(b) by direction of the county or district Crown attorney;
or
(c) by the leave in writing of the Attorney General,
or for an offence against any other provision of this Act or
of any regulation made in pursuance thereof except,
(d) by or by leave of the Commissioner or a recorder;
(e) by direction of the county or district Crown attorney;
or
(/) by leave of the Attorney General.
When person (2) No person not being the actual offender is liable in
offender not respect of such offence, if he proves that he did not participate
® in the contravention of the provision for a breach of which
he is charged and that he was not to blame for the breach
and that according to his position and authority he took all
reasonable means in his power to prevent the breach and to
secure compliance with the provisions of Part IX or Part X.
Onus of
proof
(3) The burden of proving that the provisions of sections
173 to 594 have been suspended is upon the person charged
with a contravention thereof and any such suspension may be
proved by the evidence or certificate of an engineer. R.S.O.
1960, c. 241, s. 635.
Procedure on 626. Exccpt as to offenccs agamst section 14, every prose-
prosecutions .. , ^ re • ^ r U.I. fl^
cution for an offence agamst or for the recovery of a penalty
imposed by or under the authority of this Act shall take place
before a magistrate or two justices of the peace having juris-
diction in the county or district in which the offence was com-
mitted or before the Commissioner, and, save as herein other-
R.s.o. I960, wise provided. The Summary Convictions Act applies to every
such prosecution. R.S.O. 1960, c. 241, s. 636.
c^'24?'8^^6^M ^' Subsection 7 of section 654 of The Mining Act is amended
subs. 7, 'by striking out "use" in the third line and inserting in lieu
thereof "user", so that the subsection shall read as follows:
Patent or
lease to
protect
public travel
(7) The patent or lease of such mines, minerals and
mining rights shall contain a proviso protecting the
road for public travel and preventing any user of the
granted rights that would interfere with public
travel unless a road in lieu thereof has been provided
and accepted by the municipal corporation having
control of the road.
Short title
3. This Act may be cited as The Mining Amendment Act,
196J-02,
57
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BILL 57
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Mining Act
Mr. Wardrope
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
n
BILL 57 1961-62
An Act to amend The Mining Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Parts IX, X and XI of The Mining Act are repealed ^•f40; i^so.
and the following substituted therefor: x^xi^'
(8S. 161-626),
re-enacted ;
„ ,,^ (88. 627-636).
Part IX repealed
OPERATION OF MINES
161. — (1) In this Part, Interpre-
^ ' tation
{a) "authorized" means properly authorized to perform
any specified duty or to do any specified act;
{h) "engineer" means a member of the Association of
Professional Engineers of the Province of Ontario
who is designated by the Department as the "chief"
or as a "district", "electrical" or "mechanical"
engineer of mines for Ontario;
(c) "manager" means the person responsible for the
control, management and direction of a mine or
a part of a mine or works;
{d) "qualified" means properly qualified to perform any
specified duty or to do any specified act;
{e) "rescue station superintendent" means a person in
charge of a mine rescue station.
(2) Subject to the requirements of this Act and except asResponsi-
otherwise provided in this Act, responsibility for the author- Juairflcltions
ization and decisions as to the qualifications of employees
rests with the employer or his agent. R.S.O. 1960, c. 241,
s. 161.
57
Employ-
ment,
of children
EMPLOYMENT IN AND ABOUT MINES
162. — (1) No male person under the age of sixteen years
shall be employed in or about a mine, and no male person
under the age of eighteen years shall be employed under-
ground in a mine or at the working face of an open-cut work-
ings, pit or quarry.
of females
(2) No female person shall be employed at a mine except
on surface in a technical, clerical or domestic capacity or
such other capacity that requires the exercise of normal
feminine skill or dexterity but does not involve strenuous
physical effort. R.S.O. 1960, c. 241, s. 162.
MINE RESCUE STATIONS
ment^^'^'^' 163. — (1) Mine rescue stations shall be established, equip-
ped, operated and maintained at such places and in such
manner as the Minister directs.
mne rescue (2) The Lieutenant Governor in Council may appoint such
mine rescue officers as he deems advisable.
Duty of
mine rescue
offlcers
(3) The equipment and operation of mine rescue stations
shall be in the charge of mine rescue officers, and it is the
duty of such officers to teach and train mine rescue crews
and supervisors in the use and maintenance of the apparatus
in such manner as the chief engineer directs, to maintain
the apparatus in efficient and workable condition so as to be
available for immediate use, and to perform such other duties
as the chief engineer deems necessary.
Training of (4) The owner, agent or manager of a mine shall cause
r63CU6 crows -_ , i»i«i j
such workmen and supervisors to be trained in the use and
maintenance of mine rescue equipment as the district engineer
deems necessary.
^^espo.i^si- (5) The mine manager is responsible for the supervision
mine rescue and direction of mine rescue crews in all mine rescue and
operations . j ^ j ^ ^u
recovery operations conducted at the mine.
Coat
(6) The cost of establishing, maintaining and operating
mine rescue stations shall be paid out of the Consolidated
Revenue Fund.
Idem
(7) The Workmen's Compensation Board shall at the end
of each quarter year reimburse the Consolidated Revenue
Fund from moneys assessed and levied by the Board against
employers in the mining industry for the total amount certified
by the Deputy Minister to have been paid out under sub-
section 6.
57
(8) All moneys received from the sale or disposal of any Disposal of
, .,j. u- c • ^ t equipment,
equipment, buildings or machinery lorming part ot or apper-eto,
taining to mine rescue stations shall be paid to the Workmen's
Compensation Board and shall be placed to the credit of the
class funds of the employers in the mining industry. R.S.O.
1960, c. 241, s. 163.
HOURS OF LABOUR UNDERGROUND
164. — (1) In this section, Interpre-
^ ^ ' tation
(a) "shift" means a body of workmen whose hours for
beginning and terminating work in the mine are the
same or approximately the same;
(b) "workman" means a person employed underground
in a mine who is not the owner or agent or an official
of the mine,
and, where any question or dispute arises as to the meaning
or application of clause b of subsection 2 or as to the meaning
of "shift", "workman", or "underground", the certificate of
the engineer is conclusive.
(2) No workman shall remain or be allowed to remain Hours of
underground in a mine for more than eight hours in any underground
consecutive twenty-four hours, which eight hours shall be
reckoned from the time he arrives at his place of work in
the mine until the time he leaves such place, except that,
(a) a shift or any part of a shift may remain or be allowed
to remain underground in a mine for more than
eight hours in any consecutive twenty-four hours
on one day of a week for the purpose of avoiding
work on Sunday or on a holiday or changing shift;
(b) such limit does not apply to a foreman, pumpman,
cagetender, or any person engaged solely in survey-
ing or measuring, nor does it apply in cases of
emergency where life or property is in imminent
danger, nor does it apply in cases of repair work.
(3) No person shall operate or be permitted to operate. Hours of
either on the surface or underground, a hoist, by means ofoFhoist'^
which persons or material are hoisted, lowered or handled
in a shaft or winze, for more than eight hours in any consecu-
tive twenty-four hours, except,
(a) that, in the event of one of the regular hoistmen being
absent from duty through sickness or otherwise and
57
where no competent substitute is available, the re-
maining hoistman or hoistmen may work extra time
not exceeding four hours each in any consecutive
twenty-four hours for a period not exceeding fourteen
days;
(b) that, in the case where the work at a mine or in a shaft
or winze at a mine is not carried out continuously
on three shifts per day, the hoistman may work such
extra time as is necessary for hoisting or lowering
the workmen employed on the shift at the beginning
and end of each shift;
(c) in the cases provided for in clauses a and b of sub-
section 2.
^fsection°'^ (^) This section applies to all parts of Ontario without
county organization, and applies to the other parts of Ontario
on a day to be named by the Lieutenant Governor by his
proclamation. R.S.O. 1960, c. 241, s. 164.
QUALIFICATIONS OF HOISTMEN
Age limit
of hoistmen
165. — (1) No person under the age of twenty-one years
and no person who has not had adequate experience on a
reversing hoist shall be allowed to have charge of a hoist
at a shaft or winze in which men are handled at a mine.
Idem
(2) No person under the age of eighteen years shall be
allowed to have charge of a hoist at a mine.
Hoistman
to be
holder of
medical
certificate
(3) No person shall operate or be permitted to operate a
hoist at a shaft or winze in which men are handled at a mine,
or for any other purpose designated by an engineer, unless
the person has been examined by a legally qualified medical
practitioner acceptable to the employer and the medical prac-
titioner has issued to the person on the form prescribed a
hoistman's medical certificate to the effect that to the best
of the practitioner's knowledge the person is not subject to
any infirmity, mental or physical (particularly with regard to
sight, hearing and heart), to such a degree as to interfere with
the efficient discharge of his duties.
Expiry of
certificate
(4) Such certificate lapses and shall be deemed to have
expired at the end of one year from its date.
Filing of
certincate
(5) Such certificate shall be kept on file by the employer
and made available to an engineer at his request.
57
(6) A record of all hoistmen's medical certificates pertaining Posting
to hoistmen operating in any one hoistroom shall be kept certificates
posted therein, showing the names of the hoistmen and the
date of the last certificate issued to each. R.S.O. 1960, c. 241,
s. 165.
(7) This section does not apply to the operation of hoists Automatic
when on automatic control. New. exempted
166. Where a contravention of section 162, 164 or 165 P^^'efe®'^"'^^
takes place, the owner or agent of the mine, or both of them, ^^""pf^yed
may be proceeded against, jointly or separately, and may be contrary
convicted of such offence, but neither the owner nor the
agent shall be so convicted if he proves that the offence was
committed without his knowledge or consent, and that he
had caused notices of the said sections to be posted up, and
to be kept posted up, at some conspicuous place at or near
the entrance to the mining work. R.S.O. 1960, c. 241, s. 166.
MEDICAL EXAMINATIONS
167. — (1) In this section, Interpre-
^ ' tation
(a) "applicant" means a person who is not the holder
of a certificate in good standing who is seeking em-
ployment in a dust exposure occupation;
{b) "certificate" means an initial certificate, an extended
certificate, an endorsed certificate, a miner's certifi-
cate or a renewed certificate;
(c) "dust exposure occupation" means,
(i) employment underground in a mine,
(ii) employment at the surface of a mine, other
than at a pit or quarry, in ore or rock crushing
operations where the ore or rock is not crushed
in water or a chemical solution,
(iii) employment at other locations, as designated
by the chief engineer, at the surface of a mine
or in a pit or quarry;
{d) "endorsed certificate" means an initial certificate or
extended certificate that has been endorsed under
clause h of subsection 7;
(e) "extended certificate" means an initial certificate
that has been extended under clause a of sub-
section 7;
57
R.S.O. 1960,
c. 437
(J) "initial certificate" means a certificate issued to an
applicant under subsection 6;
(g) "medical officer" means a medical officer appointed
under The Workmen's Compensation Act to carry out
the provisions of this Act with regard to the exami-
nation of employees or applicants for employment;
(h) "miner's certificate" means a certificate issued under
subsection 8;
(i) "renewed certificate" means a miner's certificate
that has been renewed under subsection 9. R.S.O.
1960, c. 241, s. 167 (1), amended.
Employment (2) No person shall be employed in a dust exposure occu-
exposure pation unless he is the holder of a certificate in good standing,
occupation
Term of
certificate
(3) Subject to subsection 4, every certificate remains in
force for not more than twelve months, except that a medical
officer may at any time recall the holder of a certificate for
examination within the scope of the existing certificate and
may extend, endorse, renew or cancel the certificate in accord-
ance with his finding upon the examination.
Examination (4) In those parts of Ontario where the examinations under
medical subsections 6 to 9 are conducted by a travelling medical
officer, no certificate shall be deemed to have expired because
of the failure of the medical officer to conduct an examination
prior to the date of expiration of a certificate, and the holder
of a certificate that would otherwise have expired shall present
himself before a medical officer for re-examination at the
first opportunity available after the date upon which his
certificate would have so expired.
Expiration
of
certificate
(5) Where a certificate of a person employed in the mining
industry has expired because of the failure of its holder to
present himself to a medical officer for examination, a medical
officer may extend, endorse or renew the certificate or issue
a miner's certificate, as the circumstances of the case require,
if he is satisfied that the failure was caused by the inability of
the holder to so present himself because of illness or other
circumstances beyond his control.
b^fore''^^*'°'^ (6) Every applicant shall be examined by a medical officer
employment before commencing employment, and, if the medical officer
finds upon examination that the applicant is free from disease
of the respiratory organs and otherwise fit for employment
in a dust exposure occupation, he shall issue to the applicant
an initial certificate.
57
(7) The holder of an initial certificate shall, prior to itsinitiai^^^
expiration, present himself to a medical officer for re-examina- holder, re-
tion, and, if the medical officer finds upon examination that
the holder is free from disease of the respiratory organs and
otherwise fit for employment in a dust exposure occupation,
he shall,
(a) in the case of a holder who since the issuance of his
initial certificate has completed less than eleven
months employment in a dust exposure occupation,
extend the certificate for such period as he deems
necessary to permit the holder to complete twelve
months employment in a dust exposure occupation,
and he may from time to time extend the certificate
for the same purpose; and
(b) in the case of a holder of an initial certificate who
since the issuance of his initial certificate has com-
pleted eleven months or more employment in a dust
exposure occupation, endorse the certificate.
(8) The holder of an endorsed certificate who since the^?^|j.of
endorsation of his initial certificate has completed eleven certificate
months or more employment in a dust exposure occupation
shall, prior to its expiration, present himself to a medical
officer for examination, and, if the medical officer finds upon
examination that the holder is free from tuberculosis of the
respiratory organs, he shall issue him a miner's certificate.
(9) The holder of a miner's certificate shall, prior to its^iner^|^^
expiration, present himself to a medical officer for re-examina- holder, re-
tion, and, if the medical officer finds upon examination that the
holder is free from tuberculosis of the respiratory organs, he
shall renew the certificate, which may be further renewed
from year to year upon the passing of a similar examination.
(10) The holder of a certificate who for any reason is out ^^1^^^^^^®**
of employment in a dust exposure occupation may apply to certificate
a medical officer for the extension, endorsement or renewal
of his certificate or for the issuance of a miner's certificate,
as the case may be, and, upon presentation of the holder's
certificate, the medical officer shall conduct the required
examination and effect such extension, endorsement, renewal
or issuance as is warranted by his findings upon the examina-
tion.
(11) Where the holder of an initial or extended certificate j^j^^^^^^q^*"
has been out of employment in the mining industry for a extended
period exceeding one year and during such period has failed,
through neglect on his part, to have his certificate extended
57
8
Holder of
endorsed or
miner's
certificate
or endorsed, such certificate is void and its holder is eligible
for re-employment in a dust exposure occupation in the
capacity of an applicant only.
(12) Where the holder of an endorsed certificate or miner's
certificate has been out of employment in the mining industry
for a period exceeding two years and during such period has
failed, through neglect on his part, to obtain a miner's certifi-
cate or to have a miner's certificate renewed, his certificate is
void and the holder thereof is eligible for re-employment in a
dust exposure occupation in the capacity of an applicant only.
Kioym'ent (1^) Where the holder of a certificate has been out of
exceeds E employment in the mining industry for a period exceeding
three years, he is eligible for re-employment in a dust ex-
posure occupation in the capacity of an applicant only.
Custody of
certificate
Exemption
Idem
(14) The manager or superintendent of the mine at which
the holder of a certificate is employed may require the certifi-
cate to be delivered to and left in the custody of the manager
or superintendent during the period of the holder's employ-
ment at the mine, but the certificate shall be returned to the
holder upon the termination of his employment at the mine.
(15) The chief engineer may exempt from subsections 2 to
14 any mine or any person employed thereat where, in his
opinion, the mine does not contain silica in quantity likely
to produce silicosis or where for any other reason he is of the
opinion that such subsections should not apply.
(16) Subsections 2 to 14 do not apply to a person usually
employed in a dust exposure occupation for less than fifty
hours in each calendar month.
Regulations (jy) ^he Lieutenant Governor in Council may make regu-
lations,
(a) prescribing the nature of the examination to be
made by a medical officer under subsections 6 to 11;
(b) prescribing the forms of certificates and extensions,
endorsements and renewals thereof;
(c) generally for the better carrying out of this section.
R.S.O. 1960, c. 241, s. 167 (2-17).
Fencing
PROTECTION OF UNUSED WORKINGS
168. — (1) Where a mine has been abandoned or the work
in it has been discontinued, its owner or lessee or any other
person interested in the mineral of the mine shall cause the
57
top of the shaft and all entrances from the surface, as well as
all other pits and openings dangerous by reason of their depth
or other conditions, to be and to be kept securely fenced or
otherwise protected against inadvertent access to the satis-
faction of the engineer, except where in his opinion the mine
or workings present no greater hazard than the natural topo-
graphic features of the district.
(2) Every such person who, after notice in writing from Failure to
the engineer, fails to comply with his directions as to such after notice
fencing or protection within the time specified in the notice is
guilty of an ofTence against this Act.
(3) Where the engineer finds that any such fencing or when
. . • 1 • 1 -11 1 1 T engineer
protection is required in order to avoid danger to health or may erect
property, he may cause the work to be done and may pay the
costs incurred out of any moneys provided for the purposes
of this Act, and the amount of such costs with interest thereon
is a lien upon the mine or mining work of which notice in
such form as the Minister prescribes may be registered in the
proper registry or land titles ofifice, and no further transfer
or other dealings with the mine or mining work shall take place
until such amount is paid.
(4) The amount of such costs with interest thereon is due Recovery
from the owner or lessee to the Crown and is recoverable of work
at the suit of the engineer in any court of competent juris-
diction.
(5) Notwithstanding subsections 3 and 4, the Minister, ^^8«^a[8|
either without payment or on such terms and conditions as liens
he deems proper, may cause a cessation of charge to be regis-
tered in the proper registry or land titles office, and thereupon
the lien registered under subsection 3 is void and of no effect.
R.S.O. 1960, c. 241, s. 168.
PROCEDURE, FATAL ACCIDENTS
169. — (1) Where a fatal accident occurs in or in connection Coroner
with a mine, an inquest shall be held. inquest
(2) The manager or other person in charge of a mine Duty of
wherein or in connection wherewith a fatal accident occurs
shall forthwith notify a coroner having jurisdiction in the
place where the accident occurred.
(3) A coroner who is in any way in the employment of the ^jl'sj^i'^^y
owner or lessee of a mine wherein or in connection wherewith
a fatal accident occurs is ineligible to act as coroner in con-
nection with such accident.
57
ro
Supervising
Coroner
may direct
(4) Where a fatal accident occurs in or in connection with
a mine at a place that is more readily accessible to a coroner
not having jurisdiction in such place than to any eligible
coroner having jurisdiction thereat, the Supervising Coroner
for Ontario may direct such coroner to issue his warrant and
conduct an inquest, and the direction is such coroner's
authority therefor.
Right of
engineer
re inquest
(5) The engineer and any person authorized to act on his
behalf are entitled to be present and to examine or cross-
examine any witness at an inquest held concerning a death
caused by an accident at a mine, and, if the engineer or some-
one on his behalf is not present, the coroner shall, before pro-
ceeding with the evidence, adjourn the inquest and give the
Deputy Minister not less than four days notice of the time
and place at which the evidence is to be taken.
Notice of
fatal
accidents
Scene to be
undisturbed
Permission
to alter
scene
(6) Where in or about a mine, metallurgical works, quarry,
or sand, clay or gravel pit, an accident occurs that causes
loss of life to a person employed thereat, the owner, agent,
manager or superintendent thereof shall immediately notify
the engineer resident in that part of Ontario in which the
accident occurred and the chief engineer by telephone or
telegraph.
(7) Subject to subsection 8, no person shall, except for the
purpose of saving life or relieving human suffering, interfere
with, destroy, carry away or alter the position of any wreck-
age, article or thing at the scene of or connected with the
accident until the engineer has completed an investigation of
the circumstances surrounding the accident.
(8) Where it is impossible for the engineer to make an
immediate investigation of an accident, the chief engineer or
engineer may permit the wreckage, article and things at
the scene of or connected with the accident to be moved
to such extent as is necessary to permit the work of the mine,
metallurgical works, quarry, or sand, clay or gravel pit, to be
proceeded with, if photographs or drawings showing details
of the scene of the accident have been made prior to the
moving. R.S.O. 1960, c. 241, s. 169.
Suspension
of provision
RESPONSIBILITY AS TO PROVISIONS
170. — (1) Where the owner, agent or manager of a mine,
by an application in writing stating the reasons therefor,
requests the engineer to suspend the requirements of sec-
tions 173 to 594 as to such mine, the chief engineer may in
writing direct that the requirements of any such provision
do not apply to such mine, or may in writing direct that any
57
11
such provision does not apply so long as such limitations and
conditions as he sees fit to impose are observed or complied
with.
(2) The chief engineer may at any time cancel any order Cancellation
made under subsection 1 or make such alterations therein suspension
as he deems proper in view of any change in the conditions
under which the order was made or upon it appearing to
him that such change is advisable for any other reason.
(3) The manager of a mine may make rules not incon- Manager
sistent with any provision of this Part or any special direction rules
made by an engineer as herein provided for the maintenance
of order and discipline and the prevention of accidents in the
mine, and may submit any rule so made to the chief engineer
who shall lay the rules before the Minister for his approval,
and, upon such approval being given, the rules take effect
after they have been posted up in a conspicuous place at
the mine for at least fourteen days, but the Minister may
disallow any of such rules or direct such changes to be made
in them as he deems proper.
(4) Every such rule, after approval and when and so long Offence
as it is posted up and is legible, has the same force and effect
as the provisions of this Act, and any person who contravenes
any such rule is liable to the penalty provided for a breach of
the provisions of this Act.
(5) The owner of a working mine or works shall appoint ^j^f^P^^^i^^^
a manager who is responsible for the control, management carrying
and direction of the mine or works.
(6) Except as to any provisions that the chief engineer has idem
directed are not applicable thereto,
(a) the manager of the mine shall take all necessary
and reasonable measures to enforce the provisions of
this Part and to ensure that they are observed by
every employee of the mine, and every foreman, shift
boss, mine captain and department head shall take all
necessary and reasonable measures to enforce the
requirements of all such provisions as are applicable
to the work over which he has supervision and to
ensure that they are observed by the workmen under
his charge and direction;
(b) every workman shall take all necessary and reason-
able measures to carry out his duties in accordance
with such provisions as are applicable to the work in
which he is engaged; and
57
12
(c) every person through whose neglect or wrongful
act a contravention occurs shall be deemed to have
incurred the penalties provided for a breach of the
provisions of this Part.
Idem
(7) The manager of a working property shall appoint one
or more suitable persons who are responsible, during the
manager's absence, for taking all necessary and reasonable
measures to enforce the requirements of subsection 6.
give facilities (^) '^^^ owner or agent shall provide the manager of a
to manager mine or works with the necessary means and shall afford him
to comply f .,• r I • • 1 , • T-.
every iacility for complymg with this Fart.
Liability of
contractors
and sub-
contractors
(9) Where work in or about a mine is let to a contractor
or sub-contractor, he shall comply and enforce compliance
with all the provisions of this Part pertaining to the work
over which he has control and is, in any case of non-compliance
therewith, guilty of an ofifence and punishable in like manner
as if he were the owner or agent. R.S.O. 1960, c. 241, s. 170.
Require-
ments
REQUIREMENTS
171. Subject to section 170, sections 173 to 594 shall be
observed and carried out at every mine. R.S.O. 1960, c. 241,
s. 171.
Interpre-
tation
172. In sections 173 to 594,
(a) "blasting agent" means a type of explosive of low
sensitivity that cannot, as mixed and packaged for
use, be detonated by a single No. 8 detonator, and,
unless specified, the requirements for explosives do
not apply to a blasting agent ;
(b) "charge" means explosives or a blasting agent that
may be exploded by a single detonator or a detonator
and primer;
(c) "drum hoist" means the type of hoist that spools
the rope on the hoist drum ;
(d) "explosives" includes detonators and those powders
that are cap sensitive with a single detonator as
packaged for use, and includes black blasting
powder ;
(e) "fire-resisting", when applied to buildings, structures
or parts thereof, means constructed of steel, masonry,
reinforced concrete or other equivalent material or
any combination of such materials;
57
13
(/) "friction hoist" means the type of hoist where the
rope is driven by the friction between it and the
drum tread and where the rope is not spooled on the
hoist drum but passes over or around it;
(g) "shot" means the sound of a charge or charges being
exploded,
and the decision of an engineer as to whether or not a situation
complies with a requirement therein in which "suitable",
"adequate", "approved", or any expression of like import, is
used and as to the meaning and application of any such ex-
pression is final and conclusive, and a certificate of any such
decision signed by the engineer may be used as evidence in
any court. R.S.O. 1960, c. 241, s. 172, amended.
173. — (1) It is the duty of every manager, superintendent, Duty as to
mine foreman, shift boss, hoistman, deckman, cagetender of require-
or skiptender, and every person in charge of workmen, or'"®'^^
who handles explosives, or who operates, installs or has to do
with maintenance of any machinery or electrical apparatus
in or about a mine, to know the requirements of this Part
that apply to the work in which he is engaged.
(2) Every person employed as a foreman, meaning thereby ^^^^^^^^^
one who is exclusively engaged in supervising the work ofof^'^g'ish
other men, shall be able to give and to receive and understand
orders in the English language.
(3) Every person in charge as a deckman, cagetender, other
skiptender or hoistman shall have a knowledge of the English knowledge
1 , r 11-1- 1-1- of English
language adequate for enabling him to carry out his duties language
in a thoroughly safe manner. R.S.O. 1960, c. 241, s. 173.
Fire Protection
174. — (1) General procedure to be followed both on surface ^''ocedure
and underground in case of fire underground or in a mine
plant building that may endanger the mine entrance shall
be drawn up, and all persons concerned shall be informed and
kept informed of their duties.
(2) Copies of the procedure or suitable excerpts shall be Posting
kept posted in the shafthouse and other prominent places.
(3) Procedures for fighting fire in surface plant buildings idem
at a mine shall be drawn up and suitable signs pertaining to
and excerpts from the procedures shall be kept posted in
prominent places.
57
14
Tests
(4) Tests of the eflFectiveness of such procedure shall be
made at least once a year and a report of the effectiveness of
the test shall be made available to the engineer. R.S.O.
1960, c. 241, s. 174.
stench
warning
Idem
175. — (1) Every mine worked from shafts or adits pro-
ducing over 100 tons of ore per day and such other mines as
are designated by the engineer shall be equipped with an
approved apparatus for the introduction into the mine work-
ings of ethyl mercaptan or other warning gas or material
approved by the chief engineer, and such apparatus shall be
available at all times in a suitable location and kept ready
for instant use for the purpose of warning workmen under-
ground of any emergency necessitating a speedy evacuation of
the workings.
(2) A test of the effectiveness of the procedure set out in
subsection 1 of section 1 74 shall be made at least once a year.
R.S.O. 1960, c. 241, s. 175.
Flammable
refuse
Idem
Idem
Unused
timber
Certificate
as to
flammable
refuse
Storage of
oil and
grease
176. — (1) No flammable refuse shall be allowed to accumu-
late underground but shall be removed from the workings at
least once a week and brought to the surface and there dis-
posed of in a suitable manner.
(2) Flammable refuse shall not be allowed to accumulate
in or about a headframe, shafthouse, portalhouse or any
other plant building.
(3) Suitable metal containers for the temporary disposal
of flammable refuse, such as scrap paper, oily waste, rags
and other similar materials, shall be provided at all shaft
stations, underground shops, lunch rooms and buildings or
enclosures necessary for the housing of machinery or equip-
ment or stores, and such containers shall be regularly emptied
and the material accumulated brought to the surface and
disposed of in a suitable manner.
(4) All timber not in use in a mine shall as soon as prac-
ticable be taken from the mine and shall not be piled up and
permitted to decay therein.
(5) Every shift boss or mine captain shall certify in writing
to the mine manager at least once a week that there is no
accumulation of flammable refuse underground in the area
under his supervision except as reported by him.
(6) Oil, grease or other flammable material shall not be
stored in a shafthouse or portalhouse, but it is permissible,
if adequate precautions are taken, to have in the shafthouse
or portalhouse, for distribution only, an amount not exceeding
the requirements for one day's operation.
57
15
(7) Volatile, flammable liquids shall not be stored in a Volatile,
shafthouse or portalhouse and such material shall be trans- liquids
ported underground only in approved types of metal con-
tainers.
(8) Oil, grease or volatile flammable liquid while under- Oil and
ground shall be contained in suitable receptacles, and theunder-
amount of oil or grease so kept underground shall not exceed ^^^^^
the requirements for seven days and the amount of volatile
flammable liquid kept underground shall not exceed the re-
quirements for the current day's work. R.S.O. 1960, c. 241,
s. 176.
177. No person shall build, set or maintain a fire under- Building
ground for any purpose unless he has proper authority and prohibited
suitable instructions for so doing, and only after the necessary
fire-fighting equipment has been provided. R.S.O. 1960,
c. 241, s. 177.
178. Where open-flame lights are used at a mine not 1?^'}^^'^"^*'^®
equipped with a headframe and shafthouse or portalhouse pi'®°^^*^°'^3
constructed of fire-resisting materials, the interior of the
shafthouse or portalhouse shall be tightly sheeted with metal
or a suitable fire-resisting material to a height of eight feet.
R.S.O. 1960, c. 241, s. 178.
179. All underground shops, lunch rooms and buildings or underground
enclosures necessary for the housing of machinery and equip-
ment and stores and the furnishings of such shall be so located,
constructed and maintained as to reduce the fire hazard to a
minimum. R.S.O. 1960, c. 241, s. 179.
180. — (1) If the engineer is of the opinion that a fire hazard hazard
may be created at a mine by smoking, or by the use of open- areas
flame lamps, matches, or other means of producing heat or
fire, he may designate the mine or part or parts of the mine as
a fire hazard area.
(2) No person shall smoke or be allowed to smoke, use idem
open-flame lamps, matches or other means of producing heat
or fire in such areas except with the permission in writing of
the engineer and under such conditions as he deems proper.
(3) Such fire hazard areas shall be properly identified byi^em
suitable warning signs.
(4) The owner or manager shall cause such signs to be in- idem
stalled and maintained as long as the area is so designated.
R.S.O. 1960, c. 241, s. 180.
57
16
When
flammable
gas en-
countered
in mine
181. When a flammable gas in dangerous concentrations
has been found to exist in a mine working, such working or the
parts of such working concerned shall immediately be con-
sidered a fire hazard area, and every precaution shall be
taken while clearing the area or doing any work therein to
prevent ignition of the gas and these precautions shall be
continued as long as the hazard exists. R.S.O. 1960, c. 241.
s. 181.
fqutpment"^ 182.— (1) Suitable fire-fighting equipment shall be pro-
vided and maintained in or about every headframe, shaft-
house, portalhouse and every other plant building and at every
shaft or winze station underground.
Idem
(2) Suitable fire-fighting equipment shall be provided and
maintained at all underground crushers, pump stations,
tipples and underground electrical installations except where,
in the opinion of the engineer, no fire hazard exists.
Idem (3) A properly authorized person or persons shall make a
monthly inspection of all fire-fighting equipment and shall
make a report in writing to the manager stating that such
examination has been made and certifying as to the conditions
found. R.S.O. 1960, c. 241, s. 182.
oarbfde °^ 183. — (1) Calcium carbide shall be stored on the surface
only in a suitable, dry place, other than the shafthouse or
portalhouse or changehouse, and in its original unopened
container.
of'cl'rbide"" (2) For the purpose of distributing calcium carbide, ade-
quate provisions for the handling of quantities not in excess
of one day's supply or 100 pounds, whichever is the greater,
shall be made at every mine.
Idem
Handling
of
carbide
(3) Such distribution shall not take place in a shafthouse,
portalhouse or changehouse unless such structure is fire-
resisting but shall be provided for by the installation of a suit-
able distribution centre not closer than fifty feet to the nearest
point of any part of the headframe, shafthouse or portalhouse.
(4) Adequate precautions shall always be taken to ensure
that calcium carbide is handled in a safe manner and no
calcium carbide shall be taken underground except in suitable
containers. R.S.O. 1960, c. 241, s. 183.
Fire pro-
tection
where
torches
used
184. Where operations involving the use of acetylene,
kerosene, gasoline or other torches are conducted in a head-
frame, shafthouse, portalhouse or other building in which
a fire may endanger the mine entrance or the underground
57
17
workings of a mine, suitable measures for protection against
fire shall be adopted and rigidly adhered to. R.S.O. 1960,
c. 241, s. 184.
185. — (1) Where cylinders of compressed gas, such as underground
acetylene and oxygen, are transported underground for anytationof
cutting or welding operation, all fittings, such as regulators ga^s'^®^^®'^
and manifolds, shall be disconnected from the cylinders and
the valves shall be protected in a suitable manner.
(2) Any such removable protective device shall be replaced ^^^^
at any time a cylinder is left unattended or before a cylinder
is moved to a new location.
(3) In all cases where cylinders of compressed gas are Operation
operated from within any cage, skip or other shaft conveyance, ancTcutting
or where the cylinders are set up in a location not readily '^°^°'^®®
accessible to the workman operating the nozzle equipment,
a second competent person shall be employed at all times to
attend to the operation of the cylinder-control devices.
(4) In all cases where cylinders of compressed gas are used g^^^'^P''®^®®^
underground for the purpose of supplying cutting or welding
equipment, special precautions shall be observed to avert the
possibility of damage to or failure of the regulators, manifolds
and hoses used in conjunction with the equipment. R.S.O,
1960, c. 241, s. 185.
186. No device for the generation of gas, such as acetylene Generation
for supplying cutting or welding equipment, shall be used in underground
the underground workings of a mine. R.S.O. 1960, c. 241, f^'"'^^^'^®"
s. 186.
187. — (1) In every mine where a vertical or inclined shaft Escapement
has been sunk or an adit driven and stoping has commenced, ®^^
there shall be provided and maintained, in addition to the
hoisting shaft or the opening through which men are let into
or out of the mine and the ore extracted, a separate escape-
ment exit.
(2) Such exit shall not be less than fifty feet from the main Location
entrance to the mine and any structure covering such exit°^®^^*
shall be of such material and so constructed to reduce the fire
hazard to a minimum,
(3) If such an escapement exit is not in existence at the when
time that stoping is commenced, work upon it shall be begun '^®°®^^^''^
as soon as stoping is commenced and shall be diligently prose-
cuted until it is completed, and means of escapement, other
57
18
than the main outlet of the mine, shall be provided to and
connected with the lowest level on which stoping operations
are being carried on.
Size of
exit
(4) The escapement exit shall be of sufficient size to afford
an easy passageway and, where necessary, shall be provided
with good and substantial ladders from the deepest workings
to the surface.
Monthly
exit
inspection
(5) The manager shall depute some competent person or
persons to make an inspection of such escapement exit at least
once a month.
Record of
inspection
(6) A record of such inspection and the conditions found
shall be made in writing by the person making it.
Legible
signs show-
ing exits
(7) Legible signs showing the way to escapement exits
shall be posted in prominent places underground and all work-
men shall be instructed as to the location of the escapement
exits. R.S.O. 1960, c. 241, s. 187.
Buildings in
proximity
to mine
entrance
188. Unless there is first provided a second means of exit
from the mine workings, no building of other than fire-resisting
construction shall be erected within fifty feet of any closed-in
part of a headframe or portalhouse, except that the building
housing the hoist and power plant equipment may be erected
within this distance so long as such distance is not less than
thirty-five feet. R.S.O. 1960, c. 241, s. 188.
Auxiliary
exits for
plant
buildings
189. — (1) All plant buildings where men are regularly
employed, except those buildings used for explosives, shall
have suitable and adequate auxiliary exits in addition to the
main entrance.
Availability (2) Such auxiliary exits shall be maintained for use in case
of fire. R.S.O. 1960, c. 241, s. 189.
Location
of boilers
and diesel
engines
190. No steam boiler or diesel engine shall be installed in
such a manner that any part thereof is within seventy-five
feet of the centre line of the collar of a shaft or other entrance
to a mine. R.S.O. 1960, c. 241, s. 190.
Location
of internal
combustion
engines
191. No gasoline or other internal combustion engine
using highly volatile liquids or flammable gases shall be in-
stalled within fifty feet of the building housing the hoist nor
within 100 feet of the centre line of the collar of a shaft or
other entrance to a mine. R.S.O. 1960, c. 241, s. 191.
Exhaust of
internal
combustion
engines
192. — (1) Where an internal combustion engine is installed
at a mine, provision shall be made for safely conducting
the exhaust of such engine to a point well outside the building.
57
19
(2) The exhaust shall be so arranged as to avert the possi- idem
bility of fumes re-entering the building or entering the intake
of an air compressor or contaminating the atmosphere of any
adjacent buildings or the mine workings. R.S.O. 1960, c. 241,
s. 192.
193. — (1) Except for the actual fuel tanks of operating storage of
equipment, no storage of gasoline or liquid fuel shall be per- ^'^"^
mitted within 100 feet of the collar of a shaft or other entrance
of a mine.
(2) The natural drainage from such a location shall be idem
such that the flow is in a direction opposite to the location of
any such shaft or mine entrance. R.S.O. 1960, c. 241, s. 193.
194. — (1) The fuel tanks of an internal combustion engine Transfer of
installed in a building shall be so arranged that the actual ^^"
transfer of fuel to the fuel tank takes place at a point outside
the building and the fuel is conducted to the tank in a tightly-
jointed pipe or conduit.
(2) Similar provisions for the escape of displaced air from idem
the fuel tank shall be made whereby the displaced air will be
conducted to a safe point outside the building before being
discharged into the atmosphere.
(3) The transfer of liquid fuels from one container to an- idem
other by the direct application of air under pressure shall not
be permitted, except where properly designed and tested
equipment is used for this purpose. R.S.O. 1960, c. 241, s. 194.
195. — (1) Where practicable, there shall be a sufficient ^*''® '^o^''^
number of fire doors installed underground to cut off the shaft
and the mine openings directly associated with it from the
other workings of the mine.
(2) Fire doors shall be maintained in proper order and kept Properly
clear of all obstructions so as to be readily usable at all times.
R.S.O. 1960, c. 241, s. 195, amended.
196. Where the chief engineer deems it necessary or Refuge
advisable for the protection of workmen employed under-
ground, he may order refuge stations to be provided and
maintained at such places in the mine as he directs, and every
such refuge station shall have water, air and telephone con-
nections to the surface and be separated from the adjoining
workings by closeable openings so arranged and equipped
that gases can be prevented from entering the refuge station.
R.S.O. 1960, c. 241, s. 196.
57
20
Connection 197, — (1) Where the chief engineer deems it necessary or
mines advisable for the protection of workmen employed under-
ground, he may recommend in writing to the Minister that a
connection between mines be established at such places as he
deems advisable and he may further recommend that such
connection be so made and equipped as to constitute a refuge
station or refuge stations.
Idem
(2) Upon the approval by the Minister of any such recom-
mendation, a copy thereof, accompanied by a copy of this
section, shall be served personally upon or sent by registered
mail to the owner or the agent and the manager of each of
the mines affected.
Committee
Idem
Idem
(3) Upon the approval of such a recommendation of the
chief engineer, the Minister may in writing signed by him
direct each of the mining companies concerned to appoint a
representative to act in its behalf on a committee under
the chairmanship of a third party, who shall be a mining
engineer recommended by the chief engineer and appointed
to the chairmanship of the committee by the Minister, and the
committee shall determine,
(a) the design, specifications and location of the con-
necting passages, bulkheads or other structures to
be constructed in order to safeguard the present
and future operations of the mines affected;
(b) the work to be done by each of the mines affected
and the proportion in which the cost of the work
and of establishing and maintaining the connection
shall be borne by the owners of the mines affected ;
(c) the time at which the work in compliance herewith
shall be commenced and completed;
(d) the proportion in which the costs and expenses of
the committee shall be borne by the owners of the
mines affected; and
(e) such other provisions or requirements as in the
premises they deem necessary or advisable.
(4) The committee shall submit a report in writing to the
Minister, and a report of the majority of the committee shall
be deemed to be the finding of the committee.
(5) Upon the approval by the Minister of the report of
the committee, the chief engineer may issue his order for the
establishment and maintenance of such connection and refuge
station or stations (if any are recommended) in accordance
with the terms of the report.
57
21
(6) A copy of the report shall be attached to the order and ^^^^
forms a part thereof.
(7) No such order is subject to appeal upon any ground ^**®"^
whatsoever and is enforceable in the same manner as any
order of the chief engineer. R.S.O. 1960, c. 241, s. 197.
Aid to Injured
198. — (1) At every mine, there shall be maintained a stretchers
sufficient number of properly-constructed stretchers for the
proper handling and transporting of persons who are injured
in the discharge of their duties about the mine.
(2) There shall be provided and maintained at every mine|Jj'"3*j.aig«^
for the treatment of any person injured such first aid supplies
as are required by the regulations under The Workmen' s^^^-'^^^^'
Compensation Act. R.S.O. 1960, c. 241, s. 198.
Handling Water
199. Every working mine shall be provided with suitable Re^novai of
and efficient machinery and appliances for keeping the mine mine
free from water, the accumulation or flowing of which might
endanger the lives of workmen in the mine or in any adjoining
mine. R.S.O. 1960, c. 241, s. 199.
200. Where there is or may be an accumulation of water, ^'^^P^uti^^^
any working approaching the same shall have bore holes of water
kept in advance, and such additional precautionary measures
shall be taken as are deemed necessary to obviate the danger
of a sudden breaking-through of the water. R.S.O. 1960,
c. 241, s. 200.
201. A bulkhead or other suitable stop shall be placed inP'^JJ^^***
every working shaft to prevent that part of the hoisting
conveyance carrying men from being inadvertently lowered
into water in the sump of the shaft. R.S.O. 1960, c. 241, s. 201.
202. — (1) For the purposes of this section, interpre-
LcltlOIl
(a) "bulkhead" means any structure built for the pur-
pose of impounding water or confining air under
pressure in a drift, crosscut or any other mine open-
ing and constructed in such a manner as to com-
pletely close ofif such drift, crosscut or other mine
opening;
{b) "dam" means a structure built for the purpose of
impounding water in a drift, crosscut or other mine
opening and built in such a manner as to permit an
unobstructed overflow of the water.
57
22
Location of (2) The location of every underground bulkhead and dam
and dam within the meaning of this section shall be clearly shown on
the mine plans.
(3) No dam behind which more than twenty-five tons of
water may be impounded shall be constructed underground
without the written permission of the chief engineer and
then only when constructed in accordance with plans and
specifications that have been approved by him.
Permission
necessary,
for dam
for bulkhead (4) No bulkhead shall be constructed underground without
the written permission of the chief engineer and then only
when constructed in accordance with plans and specifications
that have been approved by him.
^i'P??^**"'^ (5) On the completion of the installation of a bulkhead, the
of bulkhead ^' in-i- i t i i-c • i
manager shall immediately notify the chief engineer that it
has been completed. R.S.O. 1960, c. 241, s. 202.
Ventilation
Ventilation 203. — (1) The ventilation in every mine shall be such that
the air in all of its workings, which are in use or are to be used
by workmen or others, shall be free from dangerous amounts
of noxious impurities and shall contain sufficient oxygen to
obviate danger to the health of anyone employed in the mine.
Mechanical
ventilation
Idem
(2) In mine workings where such conditions cannot be ob-
tained by natural ventilation, approved means for mechancial
ventilation shall be provided and kept in operation until the
workings have been abandoned or until satisfactory natural
ventilation has been brought about therein.
(3) All structures containing fans used in connection with
the underground ventilation of a mine shall be of such con-
struction as to reduce the fire hazard to a minimum. R.S.O.
1960, c. 241, s. 203.
Unused
workings to
be tested
for gas
204. Underground workings that have been in disuse for
some time and that are not in the main ventilation circuit
shall be examined before being again used in order to ascertain
whether dangerous gases have accumulated there or whether
an oxygen deficiency exists, and only such workmen as are
necessary to make the examination shall be allowed to proceed
to such places until the places are safe to work or travel in.
R.S.O. 1960, c. 241, s. 204.
205. — (1) No internal combustion engine shall be installed
Internal
combustion
engine or operated in a shaft or adit, or in any working in connec-
underground . ^ . , , ^ ,. , . . . ° . . .
tion with a shaft or adit, unless permission in writing trom
the chief engineer is first obtained.
57
23
(2) No internal combustion engine shall be installed or idem
operated in any clay, sand or gravel pit or in any quarry or
other open pit working designated by an engineer as unsafe
for this purpose. R.S.O. 1960, c. 241, s. 205.
Sanitation
206. The manager of a mine shall provide or cause to be Sanitary
... If 1-11 1 1- conveniences
provided on the suriace and m the underground workmgs
sufficient and suitable sanitary conveniences in accordance
with the following requirements:
1. Where men are employed underground, one sanitary
convenience shall be provided for every twenty-five
persons or portion thereof on any shift.
2. Where men are employed on surface, one sanitary
convenience and one urinal shall be provided for
every twenty-five persons or portion thereof on any
shift.
3. Where women are employed, separate toilets with
entirely separate entrances from those furnished the
men shall be provided.
4. One toilet shall be provided for every fifteen women
or portion thereof on any shift.
5. Such rooms shall be clearly marked as to the sex for
which they are provided. R.S.O. 1960, c. 241, s. 206.
207. — (1) Sanitary conveniences underground shall be, i^^m.
(a) conveniently placed, having regard to the number of
men employed on the different levels;
(b) placed in a well-ventilated part of the mine;
(c) kept clean and sanitary; and
(d) suitably disposed of regularly.
(2) Sanitary conveniences, urinals and toilets on surface idem
shall be kept clean and sanitary. R.S.O. 1960, c. 241, s. 207.
208. Any person depositing faeces in any place under- idem
ground, other than in the sanitary conveniences provided, is
guilty of an offence against this Act. R.S.O. 1960, c. 241,
s. 208.
209. A supply of wholesome drinking water shall be pro- Drinking
vided both on surface and underground at points reasonably
accessible to the working places. R.S.O. 1960, c. 241, s. 209.
57
water
24
Dressing
room
Location
of
dressing
room
210. — (1) If men are employed underground or in hot or
dusty occupations on surface at a mine or works, suitable
and sufficient accommodation, including supplies of clean,
cold and warm water for washing, shall be provided above-
ground near the principal entrance of the mine or works for
enabling the persons employed to conveniently dry and change
their clothes.
(2) Such accommodation, unless of fire-resisting construc-
tion, shall not be nearer than fifty feet to a shafthouse or
portalhouse and it shall not be located in a hoistroom or
boilerhouse except where a separate, properly-constructed
room is provided. R.S.O. 1960, c. 241, s. 210.
Precaution
to be
taken
Marking of
explosives
Fume classi-
fication of
explosives
Preparation
of blasting
agent
Defective
explosives
totbe
reported
Storage of
explosives
and
blasting
agents
Care and Use of Explosives and Blasting Agents
211. Every possible precaution shall be taken in the
handling and transportation of explosives and blasting agents.
R.S.O. 1960, c. 241, s. 211, amended.
212. No explosive shall be used at a mine unless there
are plainly printed or marked on every original package con-
taining such explosive the name and place of business of the
manufacturer, the strength of the explosive and the date of
its manufacture. R.S.O. 1960, c. 241, s. 212.
213. — (1) Only explosives in Fume Class I as established
by the Explosives Division of the Department of Mines and
Technical Surveys of Canada or explosives and blasting
agents as permitted by the chief engineer shall be used under-
ground.
(2) The preparation of a blasting agent on a mining pro-
perty, except when prepared by a properly-authorized manu-
facturer of explosives or blasting agents, shall be done only
with the permission of the chief engineer in writing. R.S.O.
1960, c. 241, s. 213, amended.
214. Every case of supposedly defective fuse, detonator or
blasting cap, or explosive, shall be reported to an engineer
with the name and address of the manufacturer and accom-
panied, if available, by the packing slip from the original
container of such fuse, detonator or blasting cap, or explosive,
along with all other pertinent information available. R.S.O.
1960, c. 241, s. 214.
215. — (1) Except as otherwise provided, all explosives and
blasting agents and all detonators or blasting caps shall be
stored on surface in special suitable buildings, such as maga-
zines, thaw houses, detonator or blasting cap storage buildings,
or cap and fuse houses. R.S.O. 1960, c. 241, s. 215 (1),
amended.
S1
25
(2) Every such building shall be under the direction of the storage
manager or a person authorized by him. authorized
person
(3) No such building shall be erected or maintained at Permission,
. .... . . r • necessary
a mme except with the written permission oi an engineer, nor before
until the site of the building and the style of structure have
been approved by him. R.S.O. 1960, c. 241, s. 215 (2, 3).
(4) Such written permission shall state the maximum *« ^^^^f
• I . ■ 1 f 1 • 11- 1 quantity
quantity and kind oi explosive or blasting agent that may
be stored in the building. R.S.O. 1960, c. 241, s. 215 (4),
amended.
(5) The permission shall be posted in the building. posting
(6) Where possible, every such building shall be located ^^bie^of
in accordance with the British Table of Distances in respect Distances
of its distance from the mine or works or any other buildings
or any public highway or public railway.
(7) Where conditions are such that it is impossible to locate i<ie"i
such buildings in accordance with the British Table of Dis-
tances, the mine manager and an engineer shall jointly choose
the most suitable location. R.S.O. 1960, c. 241, s. 215 (5-7).
(8) Storages for blasting agents may contain three times fo^^fjll^jj^g
the quantity of blasting agent as compared to explosives as^sents
set by the British Table of Distances.
(9) Where explosives and blasting agents are stored to- idem
gather, the lesser limit of storage shall apply. New.
(10) Every such building shall be constructed of such ma-^^*e."ai3
• I r Ml • • 1 r used in
terials as to ensure as far as possible against accident from building
any cause. R.S.O. 1960, c. 241, s. 215 (8).
(11) The requirements in reference to the care and use ofments'^to
explosives and blasting agents shall be kept posted up inside*^® posted
every such building.
(12) Every such building shall be kept securely locked ati^cked^^^
all times that the attendant is not present and it shall be^"'^^^^'^^
clearly indicated by one or more easily- visible signs that
explosives or blasting agents are stored therein. R.S.O. 1960,
c. 241, s. 215 (9, 10), amended.
(13) Such sign or signs shall be posted beside the roadof^sfgnf
approaches to the building at least eight feet above the ground
and twenty-five feet distant from the entrance. R.S.O.
1960, c. 241, s. 215 (11).
57
26
fo^be^*^ 216. All explosive, blasting agent, detonator or fuse storages
clean, etc. at or in a mine shall be kept clean, dry and free from grit
at all times. R.S.O. 1960, c. 241, s. 216, amended.
Floors
and
shelves
217. Floors and shelves of magazines and thaw houses
shall be treated with a suitable neutralizing agent, whenever
necessary, to remove any traces of explosive substances.
R.S.O. 1960, c. 241, s. 217.
What 218. — (1) When supplies of explosives or blasting agents
to be are removed from a magazine, those that have been longest
in the magazine shall be used first, provided they are not
defective.
expk>s*ive^s ^^^ ^" ^^' cases where explosives or blasting agents have
and blasting become defective, they shall be suitably and safely disposed of.
^^®" ^ R.S.O. 1960, c. 241, s. 218, amended.
(3) An engineer may, if he deems it necessary to protect
Disposal
of defective
explosives life or property, arrange for the disposal of defective or
and blasting ,,,,. ,,• ,, r
agents abandoned explosives or blastmg agents, and the amount of
costs so incurred shall be due to the Crown from the owner
and recoverable in any court of competent jurisdiction. New.
cLses'"^ 219. Only implements of wood or fibre shall be used in
opening cases that contain explosives. R.S.O. 1960, c. 241,
s. 219.
expfofiv^^ 220. — (1) Explosives or blasting agents, including caps,
l^d^wasting fuse and igniter cord, shall not be stored underground in
underground excess of the necessary underground supply for forty-eight
hours.
storage
capacity
(2) In no case shall an amount exceeding 300 pounds of
explosive or 900 pounds of blasting agent be stored in any
one place underground without the written permission of an
engineer.
(3) With the written permission of an engineer and subject
Written
permission
for increased to such conditions as he prescribes, other underground
explosive storages may be established, but in no case shall
more than 1,000 pounds of explosive or 3,000 pounds of
blasting agent be stored in any one storage place.
Idem
(4) Where explosives and blasting agents are stored
together, the lesser limit of storage shall apply.
Suitable
storage
(5) Explosives or blasting agents stored underground shall
be kept in suitable containers or storage places in suitable
locations.
57
27
(6) In no case shall explosives or blasting agents be stored |^^<^®^°j?^?^g
in places where there is a possibility of a train or car colliding etc.
with the containers of the explosives or blasting agents.
(7) Where explosives or blasting agents in excess of what idem
may be stored in approved underground storages are re-
quired for such operations as longhole blasts, etc., only such
quantities as can be loaded in a twenty-four hour period shall
be kept underground at any time for such blast.
(8) Any explosives or blasting agents not loaded at the idem
end of a shift shall be stored in accordance with this section
or be adequately guarded. R.S.O. 1960, c. 241, s. 220, amended.
221. No explosive or blasting agent shall be stored within LocaMon^
200 feet of a shaft station or transformer station underground.
R.S.O. 1960, c. 241, s. 221, amended.
222. — (1) Detonators or blasting caps or igniter cord shall fetonltore
not be stored in the same receptacle or storage building as
other explosives or blasting agents.
(2) Detonators or blasting caps or capped fuses or ig'^iter ^eparate^^
cord, while stored in underground workings, shall be kept in
separate, suitable, closed containers or storage places.
(3) Such containers or storage places shall not be located ^**®"^
within twenty-five feet of any other explosives or blasting
agents. R.S.O. 1960, c. 241, s. 222, amended.
223.— (1) No flame-type light shall be taken within twenty- op^f^^-flame
five feet of any building or place on surface in which explosives
or blasting agents are stored.
(2) No flame-type light shall be taken within ten feet of^*^®"^
any place underground where explosives or blasting agents
are stored unless a suitable, safe arrangement for the placing
of such light is provided.
(3) No person shall smoke in any place or building where Smoking
explosives or blasting agents are stored or while handling
explosives or blasting agents. R.S.O. 1960, c. 241, s. 223,
amended.
224. — (1) A properly authorized person or persons shall of storage"
make a thorough weekly inspection of all explosives or"^^"®^
blasting agents, explosives or blasting agents magazines,
thaw houses, detonator or blasting cap storage buildings,
cap and fuse houses, and all storage boxes or places in or about
the mine used for the purpose of storing explosives or blasting
57
28
agents or detonators or blasting caps and shall make a report
in writing to the manager stating that such inspection has been
made and certifying as to the conditions found.
conditions' (2) The manager shall take immediate steps to correct
rectified any unsuitable conditions found and to properly dispose of
any deteriorated explosives or blasting agents.
Careless
acts
(3) The manager shall make a prompt investigation when
an act of careless placing or handling of explosives or blasting
agents is discovered by or reported to him.
Report of
carelessness
to engineer
(4) Any employee who commits a careless act with an
explosive or blasting agent or where explosives or blasting
agents are stored, or who, having discovered such an act to
have been committed, omits or neglects to report immediately
such act to an officer in charge of the mine, is guilty of an
offence against this Act, and the officer in charge of the mine
shall immediately report such offence to the engineer or to the
Crown attorney of the county or district in which the mine is
situate. R.S.O. 1960, c. 241, s. 224, amended.
Disposal of
explosives at
shut-down
mine
225. When a mine is closed down, all explosives or blasting
agents, fuse, detonators and blasting caps shall be disposed of
and no explosive or blasting agent shall be stored at any such
closed-down mine without the written permission of the chief
engineer. R.S.O. 1960, c. 241, s. 225, amended.
Written
permission
226. No person shall take away from a mine any explosive
or blasting agent, fuse or detonator or blasting cap without
the written permission of the manager or of such person as is
authorized by the manager to give such permission. R.S.O.
1960, c. 241, s. 226, amended.
Thaw
houses
227.— (1) No building for thawing explosives shall be
maintained in connection with a mine except with the written
permission of an engineer.
of'^bufidtng (2) The building shall be above ground, and the site of the
building and the style of the structure and equipment shall
be subject to the approval of an engineer.
Quantity
stored
(3) The quantity of explosive kept in a thaw house at
any time shall not exceed the requirements of the mine for
a period of twenty-four hours plus the amount that may be
necessary to maintain that supply, but an engineer may give
permission in writing to store a quantity not in excess of the
permitted capacity of the building if, in his opinion, the
heating equipment is such that the temperature can be con-
trolled within approved safe limits.
57
29
(4) A reliable recording thermometer shall be kept in theThermo-
room in which explosives are thawed and the record thereof thaw
kept, but, where the amount of explosives in such thawing *^°"^®
room does not exceed 200 pounds at any one time, an engineer
may give permission in writing to use a maximum and mini-
mum registering thermometer on condition that a daily record
of high and low temperatures be made and kept on file for at
least one year.
(5) All such records shall be made available to an engineer, idem
R.S.O. 1960, c. 241, s. 227.
228. In no case shall explosives be thawed near an open fire Prohibition
or steam boiler or by direct contact with steam or hot water.
R.S.O. 1960, c. 241, s. 228, amended.
Transpor-
229. — (1) This section applies only on mining properties *|*jj°J^j^^g
and only on surface. and blasting
•^ agents on
surface
(2) Every motor vehicle used for carrying explosives or idem
blasting agents shall be maintained in sound mechanical
condition in all respects.
(3) Every such motor vehicle shall be conspicuously marked i'^®™
by suitable signs or red flags easily visible from front and
rear.
(4) The metal parts of every such vehicle that may come idem
in contact with containers of explosives or blasting agents shall
be suitably covered with wood, tarpaulin or other suitable
material.
(5) No other goods or materials shall be carried in or on idem
any vehicle in which explosives or blasting agents are being
carried.
(6) Every motor vehicle transporting more than 150^*^®"^
pounds of explosives or blasting agents shall be equipped with
a fire extinguisher in working order, of adequate size and
capable of dealing with a gasoline or oil fire.
(7) No motor vehicle shall be loaded with more than 80 ^^em
per cent of its carrying capacity when carrying explosives or
more than 100 per cent of its carrying capacity when carrying
blasting agents.
(8) Explosives or blasting agents carried on vehicles shall be idem
so secured or fastened as to prevent any part of the load
from becoming dislodged.
57
30
T^^em (9) Detonators shall not be carried in the same vehicle as
other explosives or blasting agents except in a suitable con-
tainer in a separated compartment, and in such case the
number shall not exceed 1,000 detonators.
Idem (10) A vehicle carrying explosives or blasting agents shall
not be left unattended.
Idem
Idem
(11) Only those persons necessary for the handling of
explosives or blasting agents shall travel on a vehicle that is
carrying explosives or blasting agents.
(12) There shall be no smoking by persons on a vehicle
that is transporting explosives or blasting agents. R.S.O.
1960, c. 241, s. 229, amended.
Stton^of' 230.— (1) When the day's supply of explosives or blasting
explosives agents is being transported in a shaft conveyance, the person
agents in in charge of such operation shall give or cause to be given
notice of the same to the deckman and hoistman.
Authori-
zation to
handle
(2) No person shall,
{a) place in;
{b) have while in; or
(c) take out of.
the shaft conveyance any explosives or blasting agents except
under the immediate supervision of a person authorized for
the purpose by the manager, superintendent, foreman or shift
boss.
materikYin (^) ^° Other material shall be transported with explosives
conveyance or blasting agents in a shaft conveyance. R.S.O. 1960, c. 241,
s. 230, amended.
Transfer of
explosives
or blasting
agents from
storage
places
Transfer
without
undue
delay
231. — (1) The transfer of explosives or blasting agents
from the magazine or other surface storage place shall be so
arranged that no undue delay shall occur between the time
the explosives or blasting agents leave the surface storage place
and the time they are properly stored in designated storage
places in the mine or distributed to points of use in the mine.
(2) Explosives or blasting agents shall not be left at a level
station or near the shaft collar or other entrance to the mine
but shall be transferred from a designated storage place to
other designated storage places or points of use without undue
delay. R.S.O. 1960, c. 241, s. 231, amended.
57
31
232. — (1) Primers shall be made up as near to their point Transpor-
of use as is practicable in the interests of safety and only indetoM,ton
sufficient numbers for the immediate work in hand.
(2) Detonators or blasting caps, capped fuses, made-up suitable
primers, igniter cord or other explosives or blasting agents
shall not be transported in a conveyance either on surface or
underground unless placed in separate, suitable, closed
containers.
(3) A workman may carry capped fuses with other ex- Kept
plosives or blasting agents from the nearest storage places to fronf other
a point of use without placing them in a container, if they are or^bfasting
kept separate from the other explosives or blasting agents. agents
(4) In no case shall made-up primers be transported or Made-up
carried unless placed in separate, suitable, closed containers.
R.S.O. 1960, c. 241, s. 232, amended.
233. — (1) Where explosives or blasting agents are trans- Transpor-
ported in mine workings by means of mechanical haulage, underground
including trackless equipment, the speed of the vehicle shall
not exceed 4 miles an hour and definite arrangements for the
right of way of the vehicle carrying explosives or blasting
agents shall be made before the vehicle is moved.
(2) Where mechanical track haulage is used, the locomotive idem
shall be maintained on the forward end of the train carrying
explosives or blasting agents unless some person walks in
advance of the train to effectively guard it.
(3) In track haulage, the car or cars carrying explosives or idem
blasting agents shall be separated from the locomotive by an
empty car or spacer of equivalent length, but in no case shall
explosives or blasting agents be carried on the locomotive.
(4) Where a trolley locomotive is used for the haulage of locomotive
explosives or blasting agents in a mine, the car or cars carrying haulage
explosives or blasting agents shall be protected from trolley-
wire contact and other existing hazards.
(5) Where trackless equipment is used for the transporta- Trackless
, . r , . 11- 1 1 1 • equipment
tion oi explosives or blasting agents underground, the require- used
ments of section 229 apply. R.S.O. 1960, c. 241, s. 233,
amended.
234. Where parties working contiguous or adjacent claims Blasting on
or mines disagree as to the time of setting off blasts, either ci'aims"^"^
party may appeal to an engineer, who shall decide upon the
time at which blasting operations thereon may be performed,
57
32
and his decision is final and conclusive and shall be observed
by them in future blasting operations. R.S.O. 1960, c. 241,
s. 234.
not'to^be^^ 235. No explosive shall be removed from its original paper
fr^ original Container or cartridge. R.S.O. 1960, c. 241, s. 235.
container
i^^ast'heaps ^36. No explosive shall be used to blast or break up ore,
salamander or other material where by reason of its heated
condition there is any danger or risk of premature explosion
of the charge. R.S.O. 1960, c. 241, s. 236.
Size of
drill holes
237. All drill holes shall be of sufficient size to admit of
the free insertion to the bottom of the hole of a cartridge of
explosive. R.S.O. 1960, c. 241, s. 237, amended.
No^jron^or 238. In charging holes for blasting, no iron or steel tool
or rod shall be used, and no iron or steel tool shall be used in
any hole containing explosives. R.S.O. 1960, c. 241, s. 238.
befOTe'^"'^* 239. — (1) Before drilling is commenced in a working place,
drilling the exposed face shall be washed with water and carefully
examined for misfires and cut-off holes, giving special attention
to old bottoms.
Bootleg
holes
(2) No drilling shall be done within six inches of any hole
that has been charged and blasted or any remnant of such
hole. R.S.O. 1960, c. 241, s. 239 (1, 2).
Hole
containing
explosives,
etc.
(3) No drilling shall be done within five feet of any hole
containing explosives or blasting agents. R.S.O. 1960, c. 241,
s. 239 (3), amended.
Precautions
when
loading
(4) Drilling or undercutting and charging operations under-
ground shall not be carried on simultaneously on the same face
above or below each other or within twenty -five feet horizontal
distance. New.
Due warning
required
240. — (1) Every workman shall, before blasting, give or
cause to be given due warning in every direction by shouting
"Fire" and shall satisfy himself that all persons have left the
working place or the vicinity except those required to assist
him in blasting and guarding.
In pits
and
quarries
(2) In open pits or quarries where the extent of the opera-
tion or the exposure of persons renders the warning required
under subsection 1 ineffective, due warning shall be given of a
primary blast by siren or its equivalent in an approved
manner, in addition to guarding as required by section 241.
R.S.O. 1960, c. 241, s. 240.
57
33
241. — (1) Every workman shall, before blasting, cause all ^'^^^^jj'^f
entrances or approaches to the place or places where thewhere^^
blasting is to be done, or where the safety of persons may be is done
endangered by the blasting, to be effectively guarded so as
to prevent inadvertent access to such place or places while
the charges are being blasted.
(2) Subject to permission having been obtained, when Guarding
required, from the appropriate authority, where it is necessary
to stop traffic on a public road during a blasting operation, an
adequate number of flagmen equipped with suitable red flags
shall be posted and signs, such as "DANGER", "BLASTING"
or "STOP FOR FLAGMAN", shall be posted along the road
at suitable locations to warn traffic approaching the flagman
guarding the area.
(3) Posting of signs shall not be deemed to be adequate signs not
protection to warn of blasting operations. R.S.O. 1960,
c. 241, s. 241.
242. Where possible, no connection between mine workings ^^^^^^j^^g^
shall be made until a thorough examination of the working to mine
. . • 1 L t workings
towards which the active heading is advancing has been made
and has shown that the work can be proceeded with in a safe
manner, and such point of connection shall be guarded as an
entry when blasting within twice the length of the longest drill
steel used or a minimum of fifteen feet of breaking through.
R.S.O. 1960, c. 241, s. 242.
243. Except where fired electrically, no fuse shorter than Length of
three feet shall be used in any blasting operation, nor shall any
fuse be lighted at a point closer than three feet from the
capped end. R.S.O. 1960, c. 241, s. 243.
244. — (1) Where safety fuse has been used in connection j^^^t^Ji^^'^^^^^.^^
with a blast and where two or more shots are fired, no blaster to^cene of
or other person shall leave or be permitted to leave his place of
refuge from the blast and return to the scene of the blast
within the number of minutes that are equal to twice the
number of feet in the longest fuse used in the blasting opera-
tion.
(2) Such time shall be calculated from the time when the ^^®"^
last shot is heard.
(3) Where the firing has been done by means of electric ^.'"M *^{*,"*
delay-action detonators and any shot has been heard, no
blaster or other person shall leave or be permitted to leave his
place of refuge and return to the scene of any blast within ten
minutes of the time at which the blasting circuit is closed.
57
34
Idem
(4) Except when no shot is heard and a faulty circuit is
indicated, the circuit may be repaired immediately after the
blaster has assured himself that the blasting switch is locked
in the open position and the lead wires are short-circuited.
Misfire or
missed hole
(5) In the case of a supposed misfire or missed hole in a
blasting operation, no blaster or other person shall leave or be
permitted to leave his place of refuge and return to the scene
of the blast within thirty minutes of the time he has reached
his place of refuge after the lighting of the fuse or fuses or the
closing of the blasting circuit. R.S.O. 1960, c. 241, s. 244.
required^'^ 245. No hole shall be charged with explosives or blasting
agents unless a properly-prepared detonating agent is placed
in the charge and shall be fired in its proper sequence in the
firing of the round. R.S.O. 1960, c. 241, s. 245, amended.
Firing
required
246. — (1) All holes that are charged with explosives or
blasting agents in one loading operation shall be fired in one
blasting operation.
Idem
(2) Any hole that has been charged with explosives or blast-
ing agents, or any explosive charge that has been set, shall not
be left unfired but shall be fired at the time for blasting
required by the approved practice of the mine. R.S.O. 1960,
c. 241, s. 246, amended.
Safety fuse
247. Where safety fuse is used in a blasting operation.
(a) suitably capped fuses shall be supplied to the work-
men in standard, uniform and safe lengths for the
operation at hand;
{b) the uncapped ends of all fuses for use in a mine shall
be suitably identified. R.S.O. 1960, c. 241, s. 247.
Lighting
fuses
248. — (1) In every case where more than one charge is
to be fired, each fuse connected to a charge of explosives or
blasting agents shall be lighted with a suitably-timed spitting
device. R.S.O. 1960, c. 241, s. 248 (1), amended.
men!^fghts (2) Where more than one charge is to be fired, no workman
shall be permitted to conduct any blasting operation unless he
is accompanied by one or more other workmen.
Idem
(3) Each workman shall carry a light unless the blasting
operation is conducted on surface in daylight or under arti-
ficial light. R.S.O. 1960, c. 241, s. 248 (2, 3).
57
35
249. Before returning to the scene of a blasting operation, ventilation
every workman shall assure himself that sufficient air has been places after
introduced into the working place to drive out or dilute to a ^^ ^"^
safe degree the gases produced in the blasting operation.
R.S.O. 1960, c. 241, s. 249.
250. — (1) Where blasting is done in a raise or stope, proper Protection
precautions shall be taken to prevent closing of the means of to working
entrance to the working place or interference with the effective ^ ^°®
circulation of air following the blast by the broken material
produced by the blast.
(2) In the case of a single-compartment raise or box-hole idem
where material from the blast may block the means of en-
trance, proper precautions shall be taken to ensure the adequate
ventilation of the working place before workmen enter it.
R.S.O. 1960, c. 241, s. 250.
251. — (1) When a workman fires any charges, he shall, ^j^P^^^^y^i^
where possible, count the number of shots. ^o^es
(2) If a shot is missing, he shall report it to the mine captain idem
or shift boss.
(3) If a missed hole has not been fired at the end of a shift, idem
that fact, together with the location of the hole, shall be
reported by the mine captain or shift boss to the mine captain
or shift boss in charge of the next relay of workmen going into
that working place before work is commenced by them.
R.S.O. 1960, c. 241, s. 251 (1-3).
(4) Any charge of explosives that has missed fire shall '^ot Missed^ho^ie^
be withdrawn but shall be blasted at a proper time and
without undue delay. R.S.O. 1960, c. 241, s. 251 (4), amended.
(5) Any charge of blasting agent that has missed fire may idem
be washed out of the hole. New.
(6) No development heading shall be abandoned or work ^/^Tii^ation
. .. . ^ ., ** of missi
issed or
therein discontinued until the material broken at the firing cut-off hole
of the last round has been cleared from the face and the whole
face of the heading examined for explosives or blasting agents
in missed or cut-off holes. R.S.O. 1960, c. 241, s. 251 (5),
amended.
in
252. — (1) After the first ten feet of advance has been made Where
a shaft or winze and until such time as the permanent blasting
timbers and ladders have reached the level upon which blasting '^®**""^®*^
57
36
is being done, all blasting in the shaft, winze, station or other
workings being driven therefrom shall be done by means of an
electric current.
In raises
over 50°
(2) In any raise, inclined at over 50 degrees from the
horizontal, after twenty -five feet of advance has been made,
or in any raise where free escape is not ensured at all times, all
blasting shall be done by means of an electric current. R.S.O.
1960, c. 241, s. 252.
^urrent'to be ^^^' ^^^^^ blasting is done by electricity, a workman shall
disconnected not enter or allow other persons to enter the place where the
blasting charges have been fired until he has disconnected and short-
circuited the firing cables or wires from the blasting machine
or portable direct-current battery or has assured himself that
the switch of the approved blasting switch is open, the firing
cables or wires short-circuited and the blasting box locked.
R.S.O. 1960, c. 241, s. 253.
flr^ng'^device 254. Unless permission in writing is first obtained from the
chief engineer, with approval of the proposed arrangements
necessary for special cases,
(a) where electricity from lighting or power cables is used
for firing charges, a fixed device of a design certified
by the electrical engineer as meeting the require-
ments of section 546 shall be used;
(b) one such device shall be maintained for each indi-
vidual working place in which firing is done by means
of electricity from lighting or power cables. R.S.O.
1960, c. 241, s. 254.
Blasting by
direct-
current or
blasting
machine
255. Where the source of current is a portable direct-
current battery or a blasting machine, the firing cables or
wires shall not be connected to the source of current until
immediately before they are required for firing the charges
and shall be disconnected immediately after the connection
has been made or the machine operated for firing the charges.
R.S.O. 1960, c. 241, s. 255.
Lead wires
short-
circuited
256. — (1) The firing cables leading to the face shall be
short-circuited while the leads from the blasting caps are
being connected to each other and to the firing cables.
Idem
(2) The short-circuit shall not be removed until the men
have retreated from the face and it shall be so located that a
premature explosion would be harmless to the men opening
the short-circuit.
57
37
(3) The short-circuit shall be replaced immediately after idem
the cables have been disconnected from the blasting machine
or the blasting switch has been opened. R.S.O. 1960, c. 241,
s. 256.
257. — (1) The firing cables or wires used for firing charges Firing cables
at one working place shall not be used for firing charges in
another working place until all proper precautions have been
taken to ensure that such firing cables or wires have no
connection with the leads from the first working place.
(2) When firing cables or wires are used in the vicinity of i^^tmtng ^'^^
power and lighting cables, the blaster shall take proper pre- ^"'^k cables
cautions to prevent the firing cables or wires from coming in
contact with the lighting or power cables. R.S.O. 1960,
c. 241, s. 257.
Protection in Working Places, Shafts,
Winzes, Raises, etc.
258. Neither on surface nor underground shall workmen jP^^®''*i°'^
be employed in a location where men are working overhead overhead
, , e . , , . operations
unless such measures lor protection are taken as the nature of
the work permits. R.S.O. 1960, c. 241, s. 258.
259. A protective hat, manufactured for such service, hat**°*^^*
shall be worn by every person employed,
(a) underground in a mine;
(b) in a location in a pit or quarry designated by an
engineer. R.S.O. 1960, c. 241, s. 259.
260. The top of every shaft shall be securely fenced or ^jf^^^"^ °J
protected by a gate or guard rail, and every pit or opening other
dangerous by reason of its depth shall be securely fenced qj- "p^'^^'^^^
otherwise protected. R.S.O. 1960, c. 241, s. 260.
261. — (1) At all shaft and winze openings on the surface Qate at
and on every level, unless securely closed oflF, the hoisting entrances
compartments shall be protected by a substantial gate, which
shall be kept closed except when the hoisting conveyance is
being loaded or unloaded at such level.
(2) The clearance beneath any such gate shall be kept to a idem
minimum.
(3) Where haulage tracks lead up to a hoisting compart- ^f®^^^^''"'"^
ment on surface or underground, the gate on such compart-
ment shall be reinforced in such a manner that it is sufficiently
strong to withstand any impact imparted thereto by collision
therewith of any motor, train or car operated on such tracks.
R.S.O. 1960, c. 241, s. 261.
57
38
Shaft and 262. — (1) Every shaft and winze shall be securely cased,
timbering lined or timbered, and during sinking operations the casing,
lining or timbering shall be maintained within a safe distance
of the bottom.
Idem
(2) In no instance shall such distance exceed fifty feet.
strength of
guides, etc.
(3) The guides, guide attachments and shaft casing, lining
or timbering shall be of sufficient strength and shall be suit-
ably designed, installed and maintained so that the safety
catches referred to in section 339 may grip the guides properly
at any point in the shaft. R.S.O. 1960, c. 241, s. 262.
Protection
at shaft
stations
263. There shall be provided a safe passageway and stand-
ing room for workmen outside the shaft at all workings
opening into the shaft, and the manway shall in all cases be
directly connected with such openings. R.S.O. 1960, c. 241,
s. 263.
Protection
in sinking
operations
264. During shaft-sinking operations, no work shall be
done in any place in a shaft or winze while men are working in
another part of the shaft or winze below such place unless the
men working in the lower position are protected from the
danger of falling material by a securely-constructed covering
extending over a sufficient portion of the shaft to alTord
complete protection. R.S.O. 1960, c. 241, s. 264.
Open hooks
not to
be used
265. Open hooks shall not be used in conjunction with the
suspension of any shaft staging. R.S.O. 1960, c. 241, s. 265.
Lining
compart-
ments at
levels
266. — (1) Except during sinking operations, if material is
handled in a shaft or winze compartment, there shall be
maintained around that compartment, except on the side on
which material is to be loaded or unloaded, a substantial par-
tition at the collar and at all levels.
Idem
(2) Such partition shall extend above the collar and all
levels a distance not less than the height of the hoisting con-
veyance plus six feet and it shall extend below the collar and
all levels at least six feet and it shall conform to the size of
the conveyance allowing for necessary clearances. R.S.O.
1960, c. 241, s. 266.
Counter-
weight
compart-
ment
267. Wherever a counterweight is used in a shaft or winze,
it shall be safely enclosed, unless it travels on guides. R.S.O.
1960, c. 241, s. 267.
Protection
on shaft
inspection
268. — (1) No person shall do any work or conduct any
examination in a compartment of a shaft or winze or in that
part of the headframe used in conjunction therewith while
57
39
hoisting operations, other than those necessary for doing such
work or conducting such examination, are in progress in such
compartment.
(2) No person shall do any work or conduct any examina- idem
tion in a shaft or winze or in that part of a headframe used in
conjunction therewith unless he is adequately protected from
accidental contact with any moving hoisting conveyance or
the danger of falling objects accidentally dislodged. R.S.O,
1960, c. 241, s. 268.
269. Where the enclosing rocks are not safe, every adit, Timbering
tunnel, stope or other working in which work is being carried workings
on or through which persons pass shall be securely cased, lined
or timbered, or otherwise made secure. R.S.O. 1960, c. 241,
s. 269.
270. Where a bucket is used in a shaft or winze for other use of
... shaft
than smkmg purposes, buckets
(a) a set of doors as required by subsection 3 of section
311 shall be required at the collar and every point of
service of the shaft or winze;
(b) a suitable landing device shall be used at every
working level when the bucket is being loaded or
unloaded at that level;
(c) simultaneous operations shall not be carried on at
more than one level until the style of structure and
method of operation of any such device installed at
intermediate levels have been submitted to and have
received the approval of an engineer. R.S.O. 1960,
c. 241, s. 270.
271. — (1) Except where approved raising equipment is used, fncilned"
all raises inclined at over 50 degrees that are to be driven ''^i^®^
more than sixty feet slope distance shall be divided into at
least two compartments, one of which shall be maintained as
a ladderway and shall be equipped with suitable ladders.
R.S.O. 1960, c. 241, s. 271 (1), amended.
(2) The timbering shall be maintained within a safe distance idem
of the face and in no event shall the distance between the face
and the top of the timbering exceed twenty-five feet. R.S.O.
1960, c. 241, s. 271 (2).
272. — (1) Whenever, at any time, chutes are pulled where Precautions
persons are working or may enter at the time of pulling, the broken
pulling area shall be marked by signs or the persons working
57
40
in the vicinity shall be notified and, as pulling proceeds, proper
precautions shall be taken to ascertain that the broken ma-
terial is settling freely.
Idem
(2) When there is any indication of a hang-up, the location
shall be adequately protected by suitable signs or barricades.
R.S.O. 1960, c. 241, s. 272.
Acce^ to 273. Unless the entrance to a stope is capable of being
used as such at all times, a second means of entrance shall be
provided and maintained. R.S.O. 1960, c. 241, s. 273.
Oua^ins 274. The top of every mill hole, manway or other opening
manways,' shall be kept covered or otherwise adequately protected.
R.S.O. 1960, c. 241, s. 274.
etc.
Guarding
open
workings
275. Wherever men are working below a level in a place
the top of which is open to the level in close proximity to a
haulageway or travelway, some person shall effectively guard
the opening unless it is securely covered over or otherwise
closed off from the haulageway or travelway. R.S.O. 1960,
c. 241, s. 275.
Guarding^^ s ^^^' ^^^ ^^P^ °^ ^^^ raises or other openings to a level
shall be kept securely covered, fenced off or protected by
suitable barricades to prevent inadvertent access thereto.
R.S.O. 1960, c. 241, s. 276.
Care of
utility
hoists
277. Utility hoists and attached equipment used for the
raising and lowering of material shall be maintained in a safe
working condition. R.S.O. 1960, c. 241, s. 277.
Scaling bars
and gads
278. The owner or manager shall provide and maintain
an adequate supply of properly -dressed scaling bars and gads
and other equipment necessary for scaling. R.S.O. 1960,
c. 241, s. 278.
Life lines
to be used
279. The owner or manager shall, when necessary, provide
life lines for the workmen, and it is the duty of the workmen
to wear such life lines at all times, when by so doing the
interests of safety will be advanced. R.S.O. 1960, c. 241,
s. 279.
water supply ^^^" — ^^^ Every place in a mine, where drilling, blasting or
to lay dust other operations produce dust in dangerous quantities, shall
be adequately supplied at all times with clean water under
pressure or other approved appliance for laying, removing
or controlling dust.
(2) A development heading, such as a drift, cross-cut, raise
or sub-drift, shall be furnished with an approved water blast
Approved
water
blast
57
41
which shall discharge within an effective distance of the face
being advanced and shall be applied so as to wet the area for at
least fifteen minutes after blasting, and, if such area is not
thoroughly wetted prior to the entry of any person, it shall be
wetted down as soon as possible.
(3) Every multiple compartment raise, or sub-drift from Auxiliary
1 • 1 • 1 • re -1 If ^i"" supply
such raise bemg driven over twenty-nve leet in length from
through -ventilation, or stopes with one entry, shall be provided
with a separate air pipe independent of the air supply to any
machine or drills used therein, and such air supply shall be con-
trolled outside or at the beginning of the heading and the air
shall be turned on by the blaster after he has detonated any
blast in the heading. R.S.O. 1960, c. 241, s. 280, amended.
281. The times for blasting shall be so fixed that the work- ^j^® j[°'"
men shall be exposed as little as practicable to dust and smoke.
R.S.O. 1960, c. 241, s. 281.
282. — (1) Where there is non-continuous shift operation Written
rBCorcl
in mine areas, the on-coming shift shall be warned of any ab-
normal condition affecting the safety of operations.
(2) Such warning shall consist of a written record over the ^^®"^
signature of a responsible person on the off -going shift and
shall be read and countersigned by the corresponding re-
sponsible person on the on-coming shift before workmen are
permitted to resume operations in the areas indicated in such
record. R.S.O. 1960, c. 241, s. 282.
283. At every mine where persons are employed under- Check-in.
ground, a suitable system shall be established and maintained systems
to check in persons who have gone underground and check out
persons who have returned to surface, and it is the duty
of such persons to check in and check out in accordance with
such system. R.S.O. 1960, c. 241, s. 283.
284. Where repair work is in progress in a manway or signs
conditions arise that may endanger travel through the man- repsflr work
way, it shall be closed off or adequate signs designating its
unfitness for travel purposes shall be posted at all entrances
to it. R.S.O. 1960, c. 241, s. 284.
285.— (1) Diamond-drill holes shall be plotted on all?^tiTo?i
working plans of levels.
(2) When an active mine heading is advancing toward a Guarded
diamond-drill hole, the collar or the nearest points of inter- blasting
section of the hole or both shall be securely closed off or"®*
guarded at all times that blasting is being done within fifteen
feet of any possible intersection of the hole.
57
42
Marked (3) The collar and any points of intersection of every dia-
mond-drill hole shall be plainly marked at the time that
drilling is discontinued or an intersection made.
^^??^,' ** (4) Such markings shall consist of a single capital letter
-with letter ,,^i,/. ,, . . i • i T . • ,
"H" H m yellow pamt measurmg twelve mches by twelve mches,
which shall be placed within four feet of the collar or inter-
section. R.S.O. 1960, c. 241, s. 285.
Tailings
used
for fill
286. Where tailings are used for filling worked-out areas
underground, the moisture contained in the tailings and the
liquid draining off therefrom shall not have a higher cyanide
content than .005% expressed as cyanide of potassium.
R.S.O. 1960, c. 241, s. 286.
Examination
of mine
workings
Examination of Mine Workings
and Shaft Inspection
287. The owner or manager of a mine or some authorized
person or persons shall examine daily all parts where drilling
and blasting are being carried on, shall examine at least once
a week the other parts in which operations are being carried
on, such as shafts, winzes, levels, stopes, drifts, cross-cuts and
raises, in order to ascertain that they are in a safe working
condition and shall inspect and scale or cause to be inspected
and scaled the roofs and walls of all stopes or other working
places as often as the nature of the ground and of the work
performed necessitates. R.S.O. 1960, c. 241, s. 287.
Shaft
inspection
288. — (1) The owner or manager of a mine where a hoist
is in use shall depute some competent person or persons whose
duty it is to make an inspection of the shaft at least once each
week, and in addition a thorough examination shall be made
at least once each month of the guides, timber, walls and
hoisting compartments generally of the shaft, and a record of
such inspection and examination shall be made in the Shaft
Inspection Record Book by the person making the examina-
tion.
Shaft
Inspection
Record
Book
(2) Such owner or manager shall keep or cause to be kept
at the mine a book for each shaft termed the Shaft Inspection
Record Book in which shall be recorded a report of every such
examination, as is referred to in this section, signed by the
persons making the examination.
Entries
to be
initialled
(3) Such entries of examinations shall be read and initialled
every week by the person in charge of the maintenance of the
shaft.
57
43
(4) A notation shall be made of any dangerous condition Dangerous
reported and the action taken regarding it over the signature noted
of the person in charge of the maintenance of the shaft.
(5) The Shaft Inspection Record Book shall be made avail- ^^^nlinler
able to an engineer at all times. R.S.O. 1960, c. 241, s. 288.
Ladderways and Ladders
289. — (1) A suitable footway or ladderway shall be pro- Ladder-ways
vided in every shaft and winze. and winzes
(2) In shafts and winzes, no ladder, except an auxiliary Not in
ladder used in sinking operations, shall be installed in a position
vertical position.
(3) During sinking operations, if a ladder is not maintained operitfons
to the bottom, an auxiliary ladder that will reach from the
permanent ladders to the bottom shall be provided in such
convenient position that it may be promptly lowered to any
point at which men are working.
(4) Wherever, about shafts and winzes and headframes used Headframea
in conjunction therewith, it is necessary for persons to ex-
amine or inspect appliances installed therein, suitable ladder-
ways or stairways and platforms shall be maintained to permit
such work to be carried out in a safe manner. R.S.O. 1960,
c. 241, s. 289.
290. The footway or ladderway in a shaft or winze shall bltween^
be separated from the compartment or division of the shaft or ^^'^^oisting
winze in which material, conveyance or counterweight is^^^^""*'
hoisted by a suitable and tightly-closed partition in the loca-
tion required by section 266, and similarly in the remaining
shaft sections, or by metal of suitable weight and mesh. R.S.O.
1960, c. 241, s. 290.
291. — (1) In a shaft or winze inclined at over 70 degrees Ladderway
from the horizontal or in a headframe used in conjunction over 70°'
with the shaft or winze, substantial platforms shall be built
at intervals not exceeding twenty-one feet in the ladderway
and shall be covered, except for an opening large enough to
permit the passage of a man's body, and the ladders shall be
so placed as to cover this opening in the platform.
(2) In a shaft or winze inclined at less than 70 degrees from under to"
the horizontal or in a headframe used in conjunction with
the shaft or winze, the ladders may be continuous, but sub-
stantial platforms shall be built at intervals not exceeding
twenty-one feet in the ladderway and shall be covered, except
57
44
for an opening large enough to permit the passage of a man's
body. R.S.O. 1960, c. 241, s. 291.
When 292. — (1) Stairways may be used in a shaft or winze
permissible inclined at less than 50 degrees from the horizontal.
Hand-rail (2) All stairways in shafts and winzes shall be equipped
with a suitably-placed hand-rail. R.S.O. 1960, c. 241, s. 292.
Ladderways. 293. — (1) AH ladderways in raises, stopes and other man-
other mine , ^,/ , . ,, , , . . .^ . , ...
workings ways shall be mstalled and mamtained m a workmanlike
manner to reduce to a minimum the hazard of a man falling
therefrom. R.S.O. 1960, c. 241, s. 293 (1).
platforms (^) ^"^ manways inclined at 70 degrees and over, landing
platforms shall be installed at intervals not exceeding twenty-
one feet in the ladderway and the ladders shall be off-set at
the platforms.
Idem (3) In manways inclined at under 70 degrees and over 50
degrees, landing platforms shall be installed at intervals not
exceeding twenty-one feet in the ladderway and the ladders
may be continuous.
Idem
(4) In manways inclined at 50 degrees and under, the ladders
may be continuous and no platforms are required except at
points of off -set. R.S.O. 1960, c. 241, s. 293 (2), amended.
xldieTB^^ 294. Wire rope or strands of wire rope shall not be used or
be allowed to be used for climbing purposes if they are frayed
or have projecting broken wires. R.S.O. 1960, c. 241, s. 294.
for^add^ere ^^^- Every ladder shall project at least three feet above
its platform, except where strong hand-rails are provided.
R.S.O. 1960, c. 241, s. 295.
Ladders
296. — (1) Every ladder shall be of strong construction,
shall be securely placed and shall be maintained in good
repair.
Distance,
between
rungs
(2) The distance between centres of rungs of ladders shall
not be greater than twelve inches nor less than ten inches, and
the spacing of rungs shall not vary more than one-half inch
in any ladderway.
from wall (3) In Order to give a proper foothold, the rungs shall in no
case be closer than four inches from the wall of a shaft, winze
or raise or any timber underneath the ladder. R.S.O. 1960,
c. 241, s. 296.
57
45
Haulage
297. — (1) Every locomotive, engine, trolley or motor warning^^
vehicle used above or below ground shall be equipped with a
suitable audible signal that shall be maintained in proper
working condition.
(2) Except when used in adequately lighted buildings or|^®^^''K^*
areas, every locomotive, engine, trolley or motor vehicle used taii-iight
above or below ground shall be equipped with a headlight or
headlights that shall be maintained in proper working con-
dition, and motor vehicles used for trackless haulage shall be
equipped with a suitable tail-light or tail-lights that shall be
maintained in proper working condition.
(3) Every self-propelled unit of trackless haulage equip- ^ijg^*® *°
ment used below ground shall be equipped with suitable lights width
n 11 • 1 ,. .^ c 11 -11 of vehicle
or reflectors that show m the direction oi travel the width
of the vehicle. R.S.O. 1960, c. 241, s. 297.
298. Control levers of storage battery and trolley loco- j^^^*^°^
motives shall be so arranged that the lever cannot accidentally
be removed when the power is on. R.S.O. 1960, c. 241, s. 298.
299. — (1) The audible signal on a locomotive, engine, ^^[pj^ljjj.
trolley or motor vehicle when used underground or in an *« be used
enclosed building shall be sounded when the vehicle starts to
move and at such other times as warning of danger is required.
(2) In mechanical haulage underground, a suitable tail- ^jf tmfns*^
light shall be used in conjunction with made-up trains.
(3) The locomotive operating platform shall be provided protect °
with a suitable seat and an adequate guard for the protection motorman
of the motorman. R.S.O. 1960, c. 241, s. 299.
300. — (1) In mechanical haulage in any level, drift or ^g^^i^j|g°"
tunnel in or about a mine, no unauthorized person shall ride prohibited
on any vehicle.
(2) Special trips for persons only shall be made on approved ^"^
vehicles. R.S.O. 1960, c. 241, s. 300.
301. — (1) On every level on which mechanical track and^safely
haulage is employed, a clearance of at least eighteen inches ^*^*'°"^
shall be maintained between the sides of the level and the cars
or locomotive, or there shall be a clearance of twenty-four
inches on one side, or safety stations shall be cut every 100 feet.
(2) Such safety stations shall be plainly marked. marking
57
46
Clearance
for
trackless
haulage
(3) On every level on which mechanical trackless haulage
equipment is employed, a minimum total clearance of five feet
shall be maintained between the sides of the haulageway or
workings and the mechanical equipment.
Idem,
plus
pedestrian
travel
(4) On every level regularly used both for pedestrian traffic
and trackless haulage where there is a total minimum clear-
ance of less than seven feet, safety stations shall be cut at
intervals not exceeding 100 feet and they shall be plainly
marked.
clearllr^^^ (5) All regular travelways shall be maintained clear of
obstructions debris or obstructions that are likely to interfere with safe
travel. R.S.O. 1960, c. 241, s. 301.
302. No haulage locomotive or trackless haulage equip-
Unattended
locomotive
or trackless ment shall be left unattended unless the controls have been
placed in the neutral position and the brakes have been set.
R.S.O. 1960, c. 241, s. 302. - .-
Hoisting by-
automatic
control
Shaft Hoisting Practice
303. — (1) The hoisting of men or material in mine shafts
by automatic control is subject to the approval of the chief
engineer.
Idem
(2) Where a hoist is being operated by automatic control
and no other means of hoisting men is provided, there shall
be available a man qualified to operate the hoist manually
when men are underground. R.S.O. 1960, c. 241, s. 303,
amended.
Raising and
lowering
material
304. — (1) Where steel, timber or other material is being
raised or lowered in a shaft conveyance, it shall be loaded
in such a manner as to prevent it from shifting its position,
and, if necessary, it shall be secured to the conveyance.
Long
material
properly
secured
(2) When such material projects above the sides of the
conveyance, it shall be securely fastened to the conveyance
or lashed to the hoisting rope in such a manner as not to
damage the rope. R.S.O. 1960, c. 241, s. 304.
Compart-
ment to be
lined where
crosshead
not used
305. Where a crosshead is not used in a vertical shaft or
winze, the compartment in which the bucket works shall be
closely lined with sized lumber. R.S.O. 1960, c. 241, s. 305.
Level of
load in
bucket
or skip
306. In the course of sinking a shaft or winze, the bucket
or skip shall be filled only in such a manner that no piece of
loose rock projects above the level of the brim. R.S.O. 1960,
c. 241, s. 306.
57
47
307. In shaft-sinking operations, where the hoisting speed ^°jf*'n *
exceeds 1,000 feet per minute, men shall ride in the bucket buckets
above the bottom crosshead stop. R.S.O. 1960, c. 241, s. 307.
308. — (1) During sinking operations in a shaft or winze, Lowering
the bucket or skip used for returning men to the working place blast
following a blasting operation shall not be lowered on the
initial trip beyond the point where, owing to the blast, it may
be unsafe to go without a careful examination, and in no case
shall the point be less than fifty feet above the blasting set or
bulkhead.
(2) The bucket or skip shall be lowered from such point i^®"^
only on signal from the men accompanying it and at such
speed as to be fully under control, by signal, of such men.
(3) Only sufficient men shall be carried on such a trip as are idem
required to properly conduct a careful examination of the
shaft or winze. R.S.O. 1960, c. 241, s. 308.
309. In the course of sinking a shaft or winze, the bucket ^^^^®*^o[^
or skip shall not be lowered directly to the bottom but shall be lowered
be held at least fifteen feet above and shall remain there until to face
a separate signal to lower it has been given by a properly
authorized person. R.S.O. 1960, c. 241, s. 309.
310. No bucket shall be allowed to leave the top or bottom 53"°^®^,^*°^!
of a shaft or winze until the workman in charge of it has
steadied it or caused it to be steadied. R.S.O. 1960, c. 241,
s. 310.
311. — (1) In the course of sinking a shaft or winze. Protection
adequate provision shall be made and maintained to ensure dumping
the impossibility of the bucket or skip being dumped while
the dumping doors are open or other means applied to prevent
spillage from falling into the shaft or winze.
(2) The design of a device for this purpose shall be sub- 1^^^^^
mitted for the approval of the mechanical engineer before ^pp''^'^®'^
such device is installed.
(3) A door or doors to cover the sinking compartments ^'^'^^ '°
shall be maintained at the collar or other point of service of ^'ar^menT"^'
every shaft or winze while sinking is in progress.
(4) Such door or doors shall be kept closed at all times that^^en ?oa<fin«
tools or material are being loaded into or unloaded from the bucket
bucket or skip at the collar or other point of service of every
shaft or winze, except when the bucket or skip is unloaded by
dumping arrangements as provided for in subsections 1 and 2.
57
48
Door closed
when men
loaded
Cage for
handling
men
(5) The door or doors shall be closed when men are loaded
or unloaded, except where a safety crosshead fills the compart-
ment at the collar or other point of service. R.S.O. 1960,
c. 241, s. 311.
312. Except during sinking operations, whenever a mine
shaft or winze exceeds 300 feet in vertical depth, a suitable
cage or skip constructed as required by sections 338 and 339
shall be provided for lowering or raising men in the shaft or
winze. R.S.O. 1960, c. 241, s. 312.
Cage doors
to be closed
313. — (1) No person shall travel or be permitted to travel
in a cage at any time, except during shaft inspection, unless
the doors of the cage are securely closed.
Idem (2) The cage doors shall not be opened until a full stop has
been made at the point or station signalled for, except during
trips of inspection, but, in the case of an inadvertent stop at a
point in the shaft or winze, other than a station, the cage doors
may be opened and the men may leave the cage on instructions
to do so by a properly authorized person. R.S.O. 1960, c. 241,
s. 313.
Operation
of chairs
Idem
314. — (1) Where chairs are used for the purpose of landing
a shaft conveyance at a point in a shaft or winze, except
when hoisting in balance from that point, the chairs shall not
be put into operation unless the proper chairing signal has
been given to the hoistman.
(2) Chairs shall not be used when men are handled.
1960, c. 241, s. 314.
R.S.O.
men and ^^^- — (^) ^^ person shall travel or be permitted to travel
^^teriai in a bucket, cage or skip operated by a hoist that is being
taneousiy simultaneously used for the hoisting of mineral or material,
except as provided for in clause c of section 316. R.S.O.
1960, c. 241, s. 315 (1).
in aj)p?oved ^^^ ^^ peirson shall be hoisted or lowered, or permit himself
conveyances to be hoisted or lowered, in a shaft or other underground
opening except in an approved raise climber, or a scaling
platform, or in an approved hoisting conveyance as provided
for in section 316, but this prohibition does not apply where
men are raised or lowered by hand by suitable means as in
construction, maintenance or repair work. R.S.O. 1960,
c. 241, s. 315 (2), amended.
pereons not ^^^- ^^ person shall be lowered or hoisted or allow him-
hoisfed ^^^^ ^^ ^^ lowered or hoisted in a shaft, winze or other under-
ground opening.
57
49
(a) in a bucket or skip, except that men employed in
shaft sinking may ascend and descend to and from
the sinking deck or other place of safety and the men
employed in shaft inspection and maintenance may
be hoisted and lowered in the shaft by means of
such conveyance;
(b) in a cage or skip that does not meet the requirements
of sections 339 and 341, except as provided for in
clause a of this section or section 340;
(c) in a cage, skip or bucket that is loaded with powder,
steel, timber or other material or equipment, except
when the presence of such person is necessary for
the purpose of handling such material;
(d) in a cage, skip or bucket carrying powder, steel,
equipment or material, unless the same is adequately
secured, but nothing in this clause prohibits men
from carrying personal hand tools or equipment ap-
proved by the district engineer in a conveyance if
such tools or equipment are properly protected with
guards and the conveyance is not overcrowded;
(e) except during shaft-sinking operations or shaft in-
spection and maintenance operations, in any shaft
conveyance, unless the shaft conveyance is in charge
of a person properly authorized to act as cagetender
or skiptender. R.S.O. 1960, c. 241, s. 316.
317. Except in the course of sinking a shaft, no person Use of
shall enter or be allowed to enter a shaft conveyance, or work if°drunf ""^^
upon or under a shaft conveyance, when the corresponding ""'^^^*^^®'^
drum of the hoist is unclutched, unless the conveyance is first
secured in position by chairing or blocking. R.S.O. 1960,
c. 241, s. 317.
318. — (1) In this section, interpre-
tation
(a) "authorized maximum load of men" means the total
weight of men permitted by the district engineer to
ride at any time in the shaft conveyance;
(b) "maximum allowable weight" means the maximum
weight permitted by this Act to be attached to the
rope in service or the maximum weight attached to
the rope that the hoist is capable of handling, which-
ever is the lesser.
57
50
specffled by ^^^ ^^^ weight that a hoist is capable of handling shall be
manu- that Set out in the manufacturer's specifications or approved
by an independent competent mine hoist design engineer.
Certificate
re maximum
loads
(3) In case a hoisting rope is used for the raising and
lowering of both men and materials, the weight attached to
the rope in the former case, when the bucket, cage or skip is
bearing its authorized maximum load of men, shall not exceed
85 per cent of the maximum allowable weight when the rope
is in use for other purposes, and the owner or manager shall
obtain from the district engineer resident in the district a
certificate in writing setting out the maximum loads of both
men and materials that may be carried in the shaft convey-
ance before men are so carried. R.S.O. 1960, c. 241, s. 318
(1-3).
Friction
hoists
(4) For friction hoists, the conveyance man-load shall be
determined as follows: 0.85 (maximum material load plus
the weight of the conveyance) minus the weight of the con-
veyance. New.
certificate (^) ^^^ district engineer may issue the certificate referred
issued to in subsection 3 if he is satisfied that the hoisting installation
and signalling equipment meet the requirements of this Act.
R.S.O. 1960, c. 241, s. 318 (4).
^^fri^tlorf (^^ -^ certificate stating the maximum allowable suspended
hoists load and the maximum allowable unbalanced load rating shall
be obtained from the manufacturer for friction hoists.
Determina-
tiun of
maximum
material
load
(7) The maximum material-load allowed on the conveyance
of a friction hoist shall be determined from the lesser of the
following calculations:
1. Maximum allowable suspended load on the hoist,
less the weight of the hoisting ropes, less the weight
of tail ropes, less the weight of the conveyances and
the attachments.
2. The breaking strength of the rope, divided by the
required factor of safety, minus the maximum
weight of rope suspended in one compartment,
minus the weight of the conveyance and attachments
in that compartment; and, where multiple ropes are
used, the lowest breaking strength of any rope shall
be used for all ropes in load calculations.
3. The unbalanced load on the hoist as rated by the
manufacturer, which shall not be exceeded.
57
51
4. The maximum allowable load on any conveyance,
which shall not be greater than that for which the
conveyance was rated by the manufacturer. New.
Conveyance Notices and Discipline
319. — (1) A notice showing clearly the number of persons Notice to
allowed to ride on and the weight of materials allowed to be
loaded on the conveyance, as referred to in subsection 3 of
section 318, shall be posted and maintained at the collar of
the shaft or winze.
(2) The person authorized to give signals is responsible for ^.®^P»"^i-
observance of such notice. R.S.O. 1960, c. 241, s. 319.
320. — (1) When persons are being hoisted or lowered in a Open lights.
f> 111 1 1* ciiscipiino
cage or skip, no person, other than the cagetender or skip-
tender, shall have a burning open-flame lamp of any kind,
except that, for shaft inspection or similar purposes, a sufficient
number of lighted lamps shall be permitted.
(2) At all times that men are being hoisted or lowered in ^^^"Jlfj^-^l^j
a cage or skip, there shall be maintained a proper discipline
of persons riding on that cage or skip.
(3) No person shall offer obstruction to the enforcement of of notice
the requirements of loading of conveyances under subsection 1
of section 319 or this section. R.S.O. 1960, c. 241, s. .^20.
Signals
321. Every working shaft shall be provided with a suitable |'|^|;^
means of communicating by distinct and definite signals to
the hoist room from the bottom of the shaft, from every
working level, from the collar and from every landing deck.
R.S.O. 1960, c. 241, s. 321.
322. A separate, audible signal system shall be installed fj^^'^'j'^for
for the control of each hoisting conveyance operated from a®|°^j^°^"
single hoist, and there shall be a sufficient difference in the
signals to the hoistman that they are easily distinguishable.
R.S.O. 1960, c. 241, s. 322.
3tl2>. Where an electrical signal system is Installed, the Return
hoistman shall return the signal to the person giving the
signal when men are about to be hoisted or lowered. R.S.O.
1960, c. 241, s. 323.
324. No device for signalling to or communicating with f "^^^Igg
the hoistman shall be installed or operated in or on any shaft permission
conveyance without the written permission of the chief
engineer. R.S.O. 1960, c. 241, s. 324.
57
52
Cage call 325, No cage call system communicating with the hoist-
room shall be installed or used at a shaft or winze. R.S.O.
1960, c. 241, s. 325.
Code of 326. — (1) The following code of signals shall be used at
every mine and a copy of such code shall be printed and kept
posted in every hoist room and at every level or other recog-
nized landing place in every working shaft or winze:
1 bell Stop immediately — if in motion (Executive
Signal).
1 bell Hoist (Executive Signal).
2 bells. . . .Lower (Executive Signal),
3^bells Men travelling in hoisting conveyance (Cau-
tionary Signal). This signal shall be given by
the conveyance tender at all levels before any
person, including the conveyance tender, is
permitted to enter or leave the conveyance.
Where a stop exceeds one minute, the 3-bell
signal shall precede the next destination signal.
Where a return-bell signal system is installed,
the hoistman shall return the 3-bell signal
before any person is permitted to enter or
leave the conveyance.
4 bells. . . . Blasting Signal. The hoistman shall answer by
raising the bucket, cage or skip a few feet and
letting it back slowly. Following a 4-bell sig-
nal, only a 1-bell signal shall be required to
signal for hoisting men away from a blast and
the hoistman shall remain at the controls until
the act of hoisting has been completed.
5 bells .... Release Signal. The hoistman may act at his
own discretion to perform any movement, or
series of movements, involving the conveyance
or conveyances designated by the destination
signals referred to in section 327. Where a
return-signal system is installed, the hoistman
shall return the signals and may then act at
his own discretion. On the completion of
the necessary movements, he shall not move
the hoist again until he has received a new
signal.
9 bells. . . .Danger Signal (Special Cautionary). To be
given only in case of fire or other danger. The
signal for the level at which the danger exists
should be given following the giving of the
danger signal.
57
53
(2) The following method and order shall be observed in Method and
... , ** order of
giving signals: signals
1. Strokes on the bell shall be made at regular intervals.
2. Signals shall be given in the following order: 1st,
Cautionary Signals; 2nd, Destination Signals; 3rd,
Executive Signals. R.S.O. 1960, c. 241, s. 326.
327. — (1) At every mine, other signals, termed destination special
signals, in conjunction with the code referred to in subsection 1 ^'^"^^ ^
of section 326 shall be used to designate all regular stopping
points.
(2) Special signals shall be used to designate all special signals for
: \ *^ ° ° ^ movements
hoisting movements.
(3) All such signals shall be easily distinguishable from the standard
foregoing code and shall not interfere with it in any way and ^gSai code
shall follow the Department's standard mine signal code, and
any deviation therefrom shall be approved by the chief
engineer.
(4) Such destination signals and other special signals ap- Destination
proved for use at every mine and an adequate description of^^^"^^^
their application to the movements required shall be posted
at every hoist, at the top of the shaft or winze and at every
working level of the shaft or winze. R.S.O. 1960, c. 241, s. 327.
328. — (1) The hoistman shall not move the hoisting con-Hoistman
veyance within a period of ten seconds after receiving a signal move'con-
designating a movement at any time that men are carried, veyance
(2) In case he is unable to act within one minute of the time if unable
he has received any complete signal, he shall not move the wit^i?7one
hoisting conveyance until he has again received another com-'^''^"*®
plete signal. R.S.O. 1960, c. 241, s. 328.
329. — (1) After a hoistman has received a 3-bell signal, he 3-beii signal
shall remain at the hoist controls until he has received the
signal designating the movement required and has completed
that movement.
(2) After he has commenced the movement, he shall com- idem
plete it without interruption, unless he receives a stop signal
or in case of great emergency. R.S.O. 1960, c. 241, s. 329.
330. The hoistman shall remain at the hoist controls at Hoistman
11 ,• 1 I • • • • , 1 1 • • to remain
all times the hoist is in motion, except when the hoist is oper- at controls
ating under automatic control. R.S.O. 1960, c. 241, s. 330.
57
54
Notice re 33^ Except in case of emergency, no one shall speak to
talking to , , . ^ ........ . , . ^ , .
hoistman the hoistman while the hoist is in motion, and a sign to this
effect plainly visible to anyone approaching the hoist controls
shall be kept posted at all times. R.S.O. 1960, c. 241, s. 331.
Signal
required
332. Under no circumstances shall the hoisting conveyance
be moved by the hoistman until he has received a proper signal,
except that, in the event of an inadvertent stop at some point
in the shaft or winze, other than at a station from which a
signal may be given, the hoistman may move the conveyance
when he has assured himself that the hoist controls are in
proper working order and when hoisting or lowering men he
has received instructions from a properly authorized person.
R.S.O. 1960, c. 241, s. 332.
authorized ^^^- — (^^ ^^ person, unless duly authorized, shall give
person to any signal for moving or stopping the bucket, cage or skip.
i^®"^ (2) No unauthorized person shall give any signal, other
than the danger signal, or in any way whatsoever interfere
with the signalling arrangements. R.S.O. 1960, c. 241, s. 333.
Only author- (3) No persou, uuless duly authorized, shall operate any
may operate equipment for controlling the movement of the hoist or
interfere with such equipment in any way. R.S.O. 1960,
c. 241, s. 334.
oommunica- '^^^- Except during shaft-sinking operations, a system shall
tion [je installed in all active shafts to provide voice communication
between the collar and regular landing places. New.
Position of
conveyance
335. No signal shall be given unless the bucket, cage or
skip is at the level from which the signal is to be given. R.S.O.
1960, c. 241, s. 335.
When
cross head
required
Sinking Equipment
336. — (1) After a depth of 300 feet below the sheave has
been attained in the sinking of a vertical shaft or winze, a
suitable bucket and crosshead, as referred to in subsection 2
and in section 337, shall be used.
Suspension, (2) When a closed type of crosshead is not used, the bucket
shaped shall be barrel-shaped and shall be suspended by the upper
bucket ^.^^ j^ g Q j^^Q^ ^ 241, s. 336.
Safety
appliance on
crosshead
337. — (1) All sinking crossheads shall be provided with a
safety appliance of a design approved by the mechanical
engineer for attaching the bucket to the crosshead, so con-
structed that the crosshead cannot stick in the hoisting
compartment without also stopping the bucket. R.S.O. 1960,
c. 241, s. 337 (1).
57
55
(2) All crossheads shall be of a design approved by the Approval
mechanical engineer. R.S.O. 1960, c. 241, s. 337 (2), amended.
Shaft Conveyances, Construction and Operation
338. — (1) No cage or skip shall be used for the raising or Protection
lowering of persons unless it is so constructed as to prevent in shaft
any part of the body of a person riding therein from ac-
cidentally coming into contact with the timbering or sides of
the shaft or winze.
(2) Permission shall be obtained from the chief engineer Permission
,f !•• iri • •• • ir^ necessary
before a skip is used tor lowering or raising men in a shaft or to handle
^ , . • t • • , • • ^ men in skip
Winze, except during sinking, inspection or maintenance oper-
ations. R.S.O. 1960, c. 241, s. 338.
339. All cages or skips for lowering or raising men shall ^f°^|*^^*^*^°°
comply with the following : and skips,
1. The hood shall be made of steel plate not less than
three-sixteenths of an inch in thickness or of a ma-
terial of equivalent strength.
2. The cage shall be provided with sheet-iron or steel
side casing not less than one-eighth of an inch in
thickness or of a material of equivalent strength,
and the casing shall extend to a height not less than
five feet above the floor of the cage.
3. The cage shall be equipped with doors made of
suitable material that extend to a height not less
than five feet above the floor.
4. The doors shall be so arranged that it is impossible
for the doors to open outward from the cage.
5. Doors shall be fitted with a suitable latch and shall
have a minimum clearance at the bottom.
6. The safety catches and mechanism shall be of suffi-
cient strength to hold the shaft conveyance with its
maximum load at any point in the shaft and shall
be of a type the design and performance of which are
approved by the chief engineer.
7. Such approval shall not be considered until the safety
catches and mechanism are found to function satis-
factorily under load conditions during such number of
tests as are required by the chief engineer, each test
to consist of suddenly releasing the shaft conveyance
57
56
in a suitable manner under maximum loading con-
ditions for persons so that the safety catches will
have the opportunity to grip the guides when the
conveyance is descending at maximum speed.
8. A report of such tests and drawings of the safety
catches and mechanism shall be sent in duplicate to
the chief engineer, who may require such further
information or tests as he deems necessary.
9. Before a shaft conveyance equipped with an approved
type of safety catches and mechanism is first used for
the purpose of lowering or hoisting men, the safety
catches and mechanism shall be found to function
efficiently according to the requirements of the
mechanical engineer during a test under the same
conditions as set out in paragraph 6, and a permit for
the use of the conveyance for hoisting and lowering
men shall be obtained from the district engineer.
R.S.O. 1960, c. 241, s. 339, pars. 1-9.
10. A notation of such test shall be entered in the
Hoisting Machinery Record Book and two copies
of the report shall be sent to the mechanical engineer.
R.S.O. 1960, c. 241, s. 339, par. 10, amended.
11. A shaft conveyance previously permitted for use by
the district engineer for the purpose of lowering or
hoisting men on which alterations or repairs to the
safety catch mechanism necessary to rectify any
distortion of the mechanism from its proven satis-
factory position are made shall not be put to such
use until the safety catch and mechanism have been
found to function efficiently according to the require-
ments of the mechanical engineer during a test made
under the same conditions as set out in paragraph 6
and the district engineer has again issued permission
for the use of the conveyance for such purpose.
R.S.O. 1960, c. 241, s. 339, par. 11.
12. A notation of such test shall be entered in the
Hoisting Machinery Record Book and two copies
of the report shall be sent to the mechanical engineer.
R.S.O. 1960, c. 241, s. 339, par. 12, amended.
13. A certificate of load capacity of the conveyance and
attachments, which shall include the weight of the
tail rope, if any, or other suspended load, shall be
obtained from the manufacturer and made available
to the mechanical engineer.
57
57
14. Devices for attaching the conveyance to the rope
shall have a factor of safety of not less than 10.
15. The bales and suspension gear of all shaft con-
veyances shall be cleaned and thoroughly inspected
at least once in every twelve months and a record
of such inspection shall be made in the Hoisting
Machinery Record Book. New.
340. The chief engineer may give permission in writing Hoisting
for hoisting men without safety catches if he is satisfied thatglVety
the equipment and conditions are such that maximum safety ^^^^'^^^^
is provided. R.S.O. 1960, c. 241, s. 340.
341. The cage shall not have chairs attached to it that Operating
are operated by a lever or a chain through or from the floor lever
of the cage. R.S.O. 1960, c. 241, s. 341.
342. When chairs are used for the purpose of landing aAutoniatic
shaft conveyance at any point in a shaft or winze, other than of chairs
at the lowest point of travel for a skip, they shall be so ar-
ranged that they automatically fall clear and remain clear of
the hoisting compartment when the cage or other conveyance
is lifted off. R.S.O. 1960, c. 241, s. 342.
343. The bucket and any device such as the bale, safety Bales, safety
latch or other attachment to the bucket shall be of a design
approved by the chief engineer. R.S.O. 1960, c. 241, s. 343.
Hoisting Procedure
344. — (1) If at the commencement of a shift there has been Hoisting
... . • after
a stoppage of hoisting in a shaft for a period exceedmg two stoppages
hours duration, no regular hoisting shall be done until the
shaft conveyance has made one complete trip through the
working part of the shaft or, where shaft repairs have been
made, a return trip of the shaft conveyance has been made
through and below the affected part of the shaft. R.S.O.
1960, c. 241, s. 344 (1), amended.
(2) The hoistman shall record all such stoppages and trips Record of
in the Hoistman's Log Book. R.S.O. 1960, c. 241, s. 344 (2). ' ""^^^^^^
345. Where a hoist is equipped with an auxiliary overwind ^ux^^ary
device for preventing men from being hoisted to the dumping
position in skips or in skips of skip-cage assemblies as re-
quired in section 590, the hoistman shall place the device in
operation or assure himself that it is in operation at all times
that men are handled. R.S.O. 1960, c. 241, s. 345.
57
58
Obstructions 346. Where obstructions such as those referred to in section
558 may exist, the hoistman shall not hoist or lower the shaft
conveyance without proper authority. R.S.O. 1960, c. 241,
s. 346.
Testing
overwind
devices
347. All overwind and underwind devices shall be tested
at least once during every twenty-four hours and a record of
the test shall be posted immediately in the Hoistman's Log
Book. R.S.O. 1960, c. 241, s. 347.
Brakes to
be tested
348. — (1) The operator of a hoist shall, after going on shift
and before a conveyance is raised or lowered, assure himself
that the brake or brakes are in proper condition to hold the
loads suspended on the corresponding drum or drums by
testing the brakes of the drums against the normal starting
power of the engine or, in the case of an electric hoist, against
the normal starting current.
Drum
not to be
unclutched
(2) The operator of a hoist shall not unclutch a drum of the
hoist until the test mentioned in subsection 1 has been made.
R.S.O. 1960, c. 241, s. 348.
Friction
clutches
349. — (1) Where a hoist is fitted with a friction clutch, the
operator shall, after going on shift and before a conveyance
is raised or lowered, test the holding power of the clutch,
the brake of the corresponding drum being kept on and the
brake of the other drum being kept off.
Idem
(2) In the case of a steam or air hoist, the test mentioned in
subsection 1 shall be made against the normal starting power
of the engine and, in the case of an electric hoist, against the
normal starting current. R.S.O. 1960, c. 241, s. 349.
whtn drum® 350. When the drum of a hoist is unclutched, the brake
unclutched of the drum shall be used only for the purpose of maintaining
the drum in a stationary position, and no lowering shall be
done from an unclutched drum. R.S.O. 1960, c. 241, s. 350.
When clutch^ 351. When men are in a hoisting conveyance, the corre-
sponding drum of the hoist shall be kept clutched in. R.S.O.
1960, c. 241, s. 351.
Hoistman's
Log Book
Hoistman' s Log Book
352. — (1) At every shaft or winze hoist, there shall be
kept a Hoistman's Log Book in which the following shall be
recorded :
1. A report of the working condition of the hoist,
including the brakes, clutches, interlocking devices
between the brake and clutch, depth indicators and
57
59
all other devices and fittings pertaining to the safe
operation of the hoist.
2. A report of the working condition of the signalling
apparatus and a notation of any signals received by
the hoistman, the accuracy of which he has ques-
tioned.
3. Any special instructions received involving the safety
of persons, such entry to be signed by the hoistman
and by the person issuing the instructions.
4. A report of the tests of the overwind and underwind
devices.
5. Where the required tests of the overwind and under-
wind devices are conducted by a hoistman operating
on another shift, the hoistman assuming duty shall
note over his signature that he has examined the
entry in the log book of the hoistman who performed
the tests.
6. A report of all abnormal circumstances in connection
with the operation of the hoist or attachments
thereto and such abnormal conditions as have come
to the hoistman's knowledge in connection with the
hoisting operations in the shaft or winze.
7. A report of all trial trips referred to in sections 344
and 382.
(2) A notification to the hoistman on a succeeding period ^<i^^
of duty of any special circumstances or matter aff^ecting the
continued operation of the hoist or the safety of persons in
the shaft or winze shall be made in the Hoistman's Log Book.
(3) All such entries shall be countersigned by the hoistman idem
assuming duty for the succeeding period.
(4) Such entries as are required by this section shall be idem
made and signed by every hoistman for his period of duty on
a shaft or winze hoist and the time and duration of his period
of duty shall also be noted, and such entries as have been
made during the preceding twenty-four hours shall be read
and signed each day by the master mechanic or other author-
ized person. R.S.O. 1960, c. 241, s. 352.
Hoist Brakes
353. — (1) Every device used for hoisting from mine work- ]^^*^^j®* ^
ings shall be equipped with a brake or brakes that may be
applied directly to each drum so as to readily stop and hold the
drum when it is carrying its maximum load.
57
60
tcTtesP^ (2) The brakes shall be so arranged that they can be tested
separately separately and, whether the hoist is at work or at rest, can
be easily and safely manipulated by the hoistman when at
the levers controlling the hoist.
Not
operated
by foot
(3) No hoist used for raising or lowering persons or for
shaft sinking shall be equipped with a brake or brakes operated
by means of a hoistman's foot, unless such brake is an auxiliary
electrical device.
Adjustments
to be
maintained
Loss of
brake
pressure
Brake for
friction
hoists
(4) The adjustments of the brake or brakes and brake
mechanism shall be maintained in such condition that the
brake lever or any other part of the brake mechanism will
not come to the limit of travel before the normal power of
the brake or brakes is applied. R.S.O. 1960, c. 241, s. 353
(1-4).
(5) All brake engines shall be so equipped that, in the
event of inadvertent or accidental loss of pressure in the brake
system, the brakes may be applied. R.S.O. 1960, c. 241,
s. 353 (5), amended.
(6) The brakes for a friction hoist shall be designed, ad-
justed and maintained to safely stop and hold the conveyance
under all conditions of loading, direction of travel and speed.
New.
Brakes ^7^ ^^ ^jj times that men are in or on a shaft hoisting con-
veyance, the hoist shall be equipped with more than one brake,
each capable of stopping and holding the drum or drums in
use, except that, in shaft inspection, maintenance or sinking
operations, men may be in or on a shaft hoisting conveyance
attached to the fixed or clutched-in drum when changing
balance.
ope*raTion*' ^^) ^^ least One of the brakes required shall be arranged
for automatic application upon operation of any of the safety
devices for brake application. R.S.O. 1960, c. 241, s. 353
(6, 7).
fam1ig°"^ °^ ^^) ^" ^ brake system where weights are used to furnish
weights auxiliary pressure on loss of air, the weights shall be tested at
least once every twenty-four hours to ensure their freedom of
movement. New.
^"or^s^team ^^^^ ^" ^^^ ^^^^ ^^ single drum air or steam driven hoists,
automatic valves to control engine compression, arranged for
operation by the safety devices, may serve as a brake.
Idem
(11) The arrangements mentioned in subsection 10 are sub-
ject to the approval of the mechanical engineer. R.S.O. 1960,
c. 241, s. 353 (8, 9).
57
9*
<
.J. f Ttniffcft
61
Hoist Clutches
354. The device for operating the clutch of the drum ciu^^ch-
shall be provided with adequate means to prevent the in- arrangement
advertent withdrawal or insertion of the clutch. R.S.O.
1960, c. 241, s. 354.
355. The brake and clutch operating gear shall be so interlocking
installed that it will not be possible to unclutch a drum unless clutch
the brake or brakes on the drum are applied, nor shall it be
possible to release the brake or brakes until the clutch of the
drum is engaged. R.S.O. 1960, c. 241, s. 355.
Hoist Drums
356. Such bolts and other fittings of the drums, brakes and frum^parts
clutches as might be a danger in the event of their becoming
loosened shall be rendered secure by means of suitable locking
devices other than spring lockwashers. R.S.O. 1960, c. 241,
s. 356.
357. On the drum of every hoist used for lowering or Slipping
raising persons, there shall be flanges and also, if the drum is on drum
conical, such other appliances as are sufficient to prevent
the rope or cable from slipping off. R.S.O. 1960, c. 241, s. 357.
358. — (1) In all hoist installations, the dimensions of the Suitability
drum or drums shall be suitable for the kind, diameter and drum for
length of the rope in service. "^^^^
(2) The diameters of the hoist drums shall be large enough ^®e^ge"^
to prevent the occurrence of unduly large bending stresses in in rope
the rope.
(3) Where multiple-layer winding is used, proper arrange- Rope "sers
ments shall be made and maintained to permit the rope to rise
evenly from one layer to another and to wind properly with-
out cutting down through any lower layer. R.S.O. 1960,
c. 241, s. 358.
359. — (1) On and after June 15, 1948, in all installations Drum^hmst
of newly-acquired drum hoists and modifications of existing
hoists designed to increase the load ratings of the hoist,
(a) all hoist drums over sixty inches in diameter shall
have grooving properly machined to fit the rope used,
except that, in the case of shaft sinking, preliminary
development operations and operations of a tem-
porary nature, hoists with plain drums may be used ;
57
62
(h) the drums shall have sufficient rope-carrying ca-
pacity to permit hoisting from the lowest regular
hoisting point to the highest point of travel in the
shaft without the necessity of winding more than
three layers of rope on the drum;
(c) the diameter of a hoist drum shall not be less than
80 times the diameter of the hoisting rope in use
when the diameter of the rope is greater than one
inch and shall not be less than 60 times the di-
ameter of the rope in use when the diameter of the
rope is not greater than one inch, except that, in the
case of shaft-sinking and preliminary development
operations,
(i) a hoist may be used having a drum whose
diameter is not less than 60 times the di-
ameter of the hoisting rope in use when the
diameter of the rope is greater than one inch,
and
(ii) a hoist may be used having a drum whose
diameter is not less than 48 times the diameter
of the hoisting rope in use when the diameter
of the rope is not greater than one inch; and
{d) the hoist and the head sheaves shall be so located in
relation to one another as to permit the proper
winding of the rope on the hoist drum. R.S.O. 1960,
c. 241, s. 359, amended.
Change of (2) In any change of location of a hoist installed prior to
the coming into force of this section, the requirements of
clause h of subsection 1 apply.
Friction f3) In friction hoist installations,
hoist ' '
installations
{a) the drum diameter shall not be less than 80 times
the diameter of the rope;
{h) the hoist drive, control and brakes shall be so
designed and maintained that slippage of the rope
on the drum will not occur under normal operating
conditions; and
(c) the rope treads shall be inspected regularly and
maintained in good condition. New.
Sheaves
sheav s ^^^* — ^^^ Head sheaves shall be of such diameter as is
suited to the rope in use and shall be machined properly to
fit the rope.
57
63
(2) The diameter of a head sheave shall be determined by Diameter
clause c of subsection 1 of section 359 as required for the hoist
drum. R.S.O. 1960, c. 241, s. 384.
(3) The deflection sheaves shall be inspected weekly and^|aves°'^
the results recorded in the Hoisting Machinery Record Book.
New.
Overwinding, etc. — Air and Steam Hoists
361. In the case of steam or air hoists, where the depth of and mider-
the shaft is greater than 300 feet or the hoisting speed is'^i^f^ ^.
° • •! ri- protection
greater than 350 feet per mmute, or m the case of a hoist for air or
• stj63.m hoistis
designated by a mechanical engineer, there shall be provided
suitable overwind and underwind protection for the hoisting
conveyance, except that, in shaft-sinking, inspection and
maintenance operations, the underwind protection may be
dispensed with. R.S.O. 1960, c. 241, s. 360.
362. At all air or steam hoists, there shall be installed Gauge
.,.,.. , , ... , . required
withm plam view oi the operator a gauge to indicate the air
or steam pressure. R.S.O. 1960, c. 241, s. 361.
Indicators
363. — (1) Every hoist shall, in addition to any marks onindi9ator
the rope or drum, be provided with a reliable depth indicator
that will clearly and accurately show to the operator,
ia) the position of the bucket, cage or skip;
{b) at what positions in the shaft a change of gradient
necessitates a reduction in speed ; and
(c) the overwind or underwind position of the shaft
conveyance or counterbalance. R.S.O. 1960, c. 241,
s. 362 (1), amended.
(2) Hoist depth indicators shall be driven by a reliable operation
means. R.S.O. 1960, c. 241, s. 362 (2). of indicator
(3) Means shall be provided on a friction hoist to adjust Means to
the depth indicators and protective devices on the hoist to the Indicator on
position of the conveyance in the shaft. New. ho?st°'^
Special Testing
364. — (1) The specifications of the hoist and equipment specifloa-
and the general arrangement of the headframe shall be ap- required
proved by the chief engineer. New.
57
64
Tests (2) Before a new hoisting installation is put in service,
tests shall be conducted to prove its compliance with this
Act. R.S.O. 1960, c. 241, s. 363 (1), amended.
SfaUabie^^* (3) A record of such tests and the results obtained shall
be kept on file and made available to an engineer. R.S.O.
1960, c. 241, s. 363 (2).
festi'ng^ by ^^^ '^ ^^^ mechanical engineer deems it necessary, he may,
mechanical after consultation with the manager, conduct or require to be
conducted specific tests of the efficiency of all brakes, clutches,
overwind devices or other hoist controls. R.S.O. 1960,
c. 241, s. 364.
Tapered Guides, etc.
protection ^^5. In a friction hoist installation, tapered guides or other
approved devices shall be installed above and below the limits
of regular travel of the conveyance, arranged so as to brake
and stop an overwound or underwound conveyance in the
event of failure of other devices. New.
Examination
^^hoisting"'^ ^^^- '^^^ owner or manager of a mine where a hoist is in
equipment usc shall depute some competent person or persons whose duty
required .. ^. ^ . ^ . ,
It IS to examme at least once m each week,
(a) sheave wheels;
(6) attachments of the hoisting ropes to the drums and
to the counterweights, buckets, cages or skips;
(c) brakes;
{d) interlocks;
(e) depth indicators;
(/) buckets;
{g) counterweights;
{h) cages;
(i) skips;
(i) external parts of the hoist;
{k) mechanical hoisting signalling equipment, if any;
57
65
(/) shaft dumping and loading arrangements;
(m) sinking doors and blasting sets, and any attachments
thereto; and
(«) attachments to any cage, skip or bucket for any
underslung regularly-used equipment,
and to record the report of such examination in a book called
the Hoisting Machinery Record Book. R.S.O. 1960, c. 241,
s. 365.
Hoist Loading
367. — (1) No drum hoist shall be used that is not accom- Permissible
. , , .- - , - . hoist loading
panied by a certincate from the manufacturer or an m-
dependent competent hoist design engineer giving the maxi-
mum permissible rope pull for each drum and the maximum
permissible suspended load of the hoist, and the hoist shall
not be loaded beyond the maximum loads so specified. R.S.O.
1960, c. 241, s. 366 (1), amended.
(2) No alterations designed to increase the hoisting capacity Approval
shall be made to a hoist unless approval is given by its manu- increased
facturer or an independent competent hoist design engineer. ^^'^^^^ ^
R.S.O. 1960, c. 241, s. 366 (2).
Hoisting Ropes
368. — (1) The connection between the hoisting rope and ^<^P®g^^.Qjj
the bucket, cage, skip, counter-balance or other device shall
be of such nature that the risk of accidental disconnection is
reduced to a minimum.
(2) No open-hook device shall be used for such purpose. No open
R.S.O. 1960, c. 241, s. 367 (1, 2).
(3) Such device shall be of a design approved by the chief ^o^'^^'eo^fons
engineer. R.S.O. 1960, c. 241, s. 367 (3), amended.
(4) The drum end of the rope shall be fastened to the spider Fastened
of the drum or around the drum shaft in some suitable manner.
R.S.O. 1960, c. 241, s. 367 (4).
369. In no case shall a rope that has been spliced be used sp^^^/^is .
for hoisting purposes. R.S.O. 1960, c. 241, s. 368. prohibited
370. — (1) No hoist shall be operated with less than three Length of
turns of rope on the drum when the bucket, cage or skip is at required
the lowest point in the shaft from which hoisting is effected. d?um^^*
R.S.O. 1960, c. 241, s. 369 (1).
57
66
onHy^on^^®""^ (2) No hoist acquired after the 15th day of June, 1948,
drum and no hoist existing on that date and modified after that
date so as to increase its load rating, and no hoist that has
its location changed, shall be operated with more than three
complete layers of rope on the drum when the conveyance
is at the highest point of travel in the shaft. R.S.O. 1960,
c. 241, s. 369 (2), amended.
cel-tmcate ^^^' — (^) ^'^ hoisting rope shall be used that has not been
tested by the Ontario Government Cable Testing Laboratory
and for which a certificate of the test is not in the possession
of the user. R.S.O. 1960, c. 241, s. 370 (1).
Number of (2) In friction hoist installations, where multiple ropes are
specimens used and when manufactured have been laid up continuously,
require ^ specimen shall be submitted for test, cut from the portion
between each pair of ropes,
(a) in the case of four ropes, two specimens shall be
required ;
{b) in the case of three ropes, two specimens shall be
required. New.
feifturer's C^) No hoisting rope or tail rope shall be used that is not
certificate accompanied by a certificate from the manufacturer giving
the following information:
1. Name and address of manufacturer.
2. Manufacturer's rope number.
3. Date of manufacture.
4. Diameter of rope in inches.
5. Weight per foot in pounds.
6. Number of strands.
7. Class of core.
8. Percentage of weight of lubricant in core.
9. Trade name of interior rope lubricant.
10. Number of wires in strand.
11. Grade of steel.
12. Diameter of wires in decimals of an inch.
57
67
13. Breaking stress of steel of which the wire is made in
pounds per square inch.
14. Standard torsion test of wires.
15. Actual breaking load of rope, as provided by the
certificate referred to in subsection 1.
16. Length of rope. R.S.O. 1960, c. 241, s 370 (2),
amended.
(4) When any rope is put on in a shaft compartment or P-^P® ^^}^
hoisting way, the data mentioned in subsection 3 shall be in Rope
entered in a book called the Rope Record Book, together with
the additional following information:
1. Name of person from whom purchased.
2. Date of purchase.
3. Date put on in present location,
4. Identification number of rope.
5. Name of shaft or winze and compartment in which
rope is used.
6. Weight of shaft conveyance.
7. Weight of material carried.
8. Maximum length of rope in service below sheave.
9. Maximum weight of rope in service below sheave.
10. Static factors of safety at conveyance connection
and at head sheave with rope fully let out.
11. Date put on and removed from previous locations,
if any.
(5) Duplicate copies of such entries shall be forwarded to J^^o^'^l'^j.o"
the chief engineer at the time the rope is put on in any location. *» chief
I- I- ./ engineer
(6) The owner or manager shall keep or cause to be kept bq^^ ^®°°'""*
at the mine a book called the Rope Record Book, in which
shall be recorded, in addition to the information referred to
in subsections 3 and 4, the following information:
1. A history of the hoisting rope, outlining the date on
which the rope was first put on.
57
68
2. Dates of shortening.
3. Dates and results of breaking tests.
4. Date and reason for taking ofif, for each occasion the
rope is put into and taken out of service. R.S.O.
1960, c. 241, s. 370 (3-5).
Rope Record (7) jhe Rope Record Book shall be available to the
Book open ^ ,-' ^
to engineer engineer.
Notification
of rope
discarded
(8) When a hoisting rope or tail rope is taken out of service
from a shaft compartment, notice to that effect shall be for-
warded to the chief engineer, giving the date, the reasons for
discarding or discontinuing the use of the rope, disposition
of the rope, and such other information as he requires. R.S.O.
1960, c. 241, s. 370 (6, 7), amended.
Permission
required to
use old
rope
372. — (1) No hoisting rope or tail rope that has previously
been in use in a place beyond the control of the owner shall
be put on anew, except with the permission in writing of the
chief engineer. R.S.O. 1960, c. 241, s. 371 (1), amended.
pel-miasion'^ ^^^ Request for permission to use such rope shall be accom-
panied by certification that the rope has been properly ex-
amined and that no apparent defects have been found.
Test pieces (3) Two standard test pieces, one from each end of the rope,
shall also be sent to the Ontario Government Cable Testing
Laboratory for test. R.S.O. 1960, c. 241, s. 371 (2, 3).
Precautions,
used ropes
373. No hoisting rope or tail rope that has been removed
from service at a shaft or winze compartment shall be put
on anew for the purpose of raising or lowering men unless
proper measures have been taken for the maintenance of the
rope and the owner or manager is satisfied that the rope is in
safe working condition. R.S.O. 1960, c. 241, s. 372, amended.
Rope
removal
374. When a shaft compartment has been abandoned for
hoisting purposes, the hoisting rope shall immediately be
removed from the shaft. R.S.O. 1960, c. 241, s. 373.
Rope not
to be
reversed
375. No hoisting rope shall be reversed until application
has been made in writing to the chief engineer, standard
test pieces from each end of the rope have been submitted for
test, and approval for the reversal has been received from the
chief engineer. R.S.O. 1960, c. 241, s. 374.
57
69
376. — (1) For the purpose of this section, the factor oi^^fj'^^^^^
safety of a hoisting rope or tail rope in a shaft or winze means hoisting
the number of times the breaking strength of the rope is greater
than the total weight supported by the rope at a definite
place in the rope.
(2) The breaking strength of the hoisting rope means the Breaking
breaking strength of the rope as shown in the test certificate hoi^ti^g '
issued by the Ontario Government Cable Testing Laboratory ^°^®
before the rope is installed, as required by subsection 1 of
section 371. R.S.O. 1960, c. 241, s. 375 (1, 2), amended.
(3) The breaking strength of the tail rope shall be that as tail rope
certified by the manufacturer. New.
(4) Every hoisting rope, when newly installed on a newly- ^^^^
acquired drum hoist or on an existing drum hoist modified to
increase the hoist load ratings or on a drum hoist that
has had its location changed, shall have a factor of safety
of not less than 8.5 at the end of the rope where it is attached
to the shaft or winze conveyance and where the total weight
consists of the combined weight of the conveyance plus the
weight of the material hoisted. R.S.O. 1960, c. 241, s. 375 (3),
amended.
(5) In addition, the hoisting rope shall have a factor ofi^^"^
safety of not less than 5 at the point where the rope leaves the
head sheave and, the rope being fully let out, the total weight
consists of the combined weight of the conveyance plus the
weight of the material hoisted plus the weight of that part
of the rope that extends from the head sheave to the con-
veyance.
(6) Every hoisting rope when newly installed on hoists ^<*®™
that were the property of a mine on the 15th day of June, 1948,
shall have a factor of safety of not less than 6 for shafts and
winzes less than 2,000 feet in depth and not less than 5 for
shafts and winzes over 2,000 feet in depth at the point where
the rope leaves the head sheave and, the rope being fully let
out, the total weight consists of the combined weight of the
conveyance plus the weight of the material hoisted plus the
weight of that portion of the rope that extends from the head
sheave to the conveyance. R.S.O. 1960, c. 241, s. 375 (4, 5).
(7) When the rope is installed on a friction hoist, the Factor of
factor of safety shall not be less than that as determined from friction
the following formula: F. of S. = 9.5 - .00075 d, where d*'"*^^
is the maximum length of rope suspended below the head
sheave in feet.
57
70
Idem
Idem
Idem
(8) For friction hoists, the factor of safety shall not be less
than 5.5 for any depth of shaft when the rope is installed.
(9) The factor of safety for a given friction hoist installation
is the lowest actual breaking strength, as determined by the
Ontario Government Cable Testing Laboratory for the ropes,
times the number of ropes, divided by the sum weight of the
conveyance and attachments, the maximum conveyance
load carried and the maximum weight of rope suspended in
one compartment of the shaft.
(10) The factor of safety of the tail rope shall not be less
than 7 when installed. New.
Rope
discarded
377. No hoisting rope shall be used in a shaft or winze
where in any part of the rope,
{a) the existing strength has decreased to less than
90 per cent of the original strength of the rope ;
{b) the extension of a test piece has decreased to less
than 60 per cent of its original extension when tested
to destruction;
(c) the number of broken wires in any section of the rope
equalling the length of one lay of the rope exceeds six ;
{d) marked corrosion occurs;
(e) the rate of stretch in a friction hoisting rope begins
to show a rapid increase over the normal stretch
noted during its service. R.S.O. 1960, c. 241, s. 376,
amended.
Rope
dressing
Idem
378. — (1) The rope dressing used on a drum hoisting rope
shall be suited to the operating conditions of the rope, and
the dressing shall be applied at least once in every month
and as often as is necessary to maintain the coating on the
rope in good condition. R.S.O. 1960, c. 241, s. 377 (1),
amended.
(2) Every time the rope is dressed, a report of the treatment
shall be recorded in the Hoisting Machinery Record Book
and signed by the person who performed the work. R.S.O.
1960, c. 241, s. 377 (2).
Testing of
hoisting
rope
Rope Testing
379. — (1) At least once in every six months, the hoisting
rope of a drum hoist shall have a portion not less than eight
feet in length cut off the lower end from a position above the
clamps or other attachment. R.S.O. 1960, c. 241, s. 378 (1),
amended.
57
71
(2) The length so cut shall have the ends adequately Ends
fastened with binding wire before the cut is made to prevent bound^ ^ ^
the disturbance of the strands and shall be sent to the Ontario
Government Cable Testing Laboratory for a breaking test.
R.S.O. 1960, c. 241, s. 378 (2).
(3) In friction hoist installations, specimens shall be sub- Tests
rGQiiirfio.
mitted for test and examination during the life of the rope if for friction
and when available and as close to six-month intervals as °^^ ropes
practicable. New.
(4) The certificate of the test shall be kept on file and a Recording
of t6St
summary thereof recorded in the Rope Record Book. R.S.O.
1960, c. 241, s. 378 (3).
380. — (1) The chief engineer may require that test speci- Special
mens shall be cut from any rope discarded for use in mine of used
hoisting at points specified by him and sent to the Ontario ropes '^^
Government Cable Testing Laboratory for special testing and
investigation if he is of the opinion that such testing and
investigation are in the interest of better mine hoisting practice.
(2) No charge shall be made for such special testing and^°t°^|[^®
investigation. R.S.O. 1960, c. 241, s. 379.
Clearance for Tail Ropes
381. Water and muck spillage in the shaft sump shall be Tail ropes
kept at such a level that the tail ropes shall have a clear ^° ^^ ^ ^^^
passage at all times. New.
Rope Attachments
382. — (1) A hoisting rope when newly put on, and after Examination
any subsequent cutting thereof, shall have the connecting ments
attachments between the bucket, cage, skip or counterweight
and the connection between the drum and the rope carefully
examined by some competent and reliable person or persons
authorized by the owner, manager or department head, and
shall not be used for ordinary transport of persons in a shaft
or winze until two complete trips up and down the working
parts of the shaft or winze have been made, the bucket, cage,
skip or counterweight bearing its authorized load.
(2) The hoistman shall make a record of such two complete Record to
trips in the Hoistman's Log Book. ^ ^®^*
(3) The results of the examination of the connecting j^q®^^^*^^j.^°jj
attachments between the bucket, cage, skip or counterweight
and hoist drum and the rope shall be recorded in the Hoisting
Machinery Record Book and signed by the person making
the examination. R.S.O. 1960, c. 241, s. 380.
57
72
cleaning 333 — ^j) Every six months, the connection between the
of ro^^e***""^ ^^P^ ^"^ ^^^ bucket, cage, skip or counterweight shall be
connections thoroughly cleaned and examined. R.S.O. 1960, c. 241,
s. 381 (1), amended.
^^^^ (2) At such time, the connection between the rope and the
drum shall be thoroughly cleaned and examined. R.S.O.
1960, c. 241, s. 381 (2).
weigh*t^'^' ^^^- ^^^ ^^P^ irom the counterweight shall be attached
to the drum of the hoist and not to the shaft conveyance in
drum hoist installations. R.S.O. 1960, c. 241, s. 382, amended.
Examination of Ropes and Safety Appliances
?f^R)pes^arid" ^85. — (1) The owner or manager shall depute a competent
appUanoes person or persons who shall examine,
(a) at least once in each day, the exterior of the hoisting
rope and tail rope to detect the presence of kinks or
other visible damage and to note the appearance of
the rope dressing;
{h) at least once in each month, the structure of that
portion of the hoisting rope that is not on the hoist
drum when the conveyance is at its lowest stopping
point, and the tail rope, with a view to ascertaining
the deterioration thereof, and for the purpose of this
examination the rope shall be cleaned at points
selected by such person or persons, who shall note
any reduction in the diameter or circumference of
and the proportion of wear in the rope, and the
starting point of the examination shall be changed
slightly from month to month in order to obtain
more complete information, but any portion showing
appreciable reduction in diameter or circumference
or appreciable wear shall be checked when the rope
is again examined;
(c) the portion of the rope that normally remains on
the drum of a drum hoist when the conveyance is
at its lowest stopping point, and shall lubricate such
portion, and, if, during the examination of the rope,
significant deterioration is found in the portion on
the drum or at the cross-over points, the rope shall be
shortened sufficiently to eliminate any crushed
portion or to change the position of the cross-over
points if either or both are necessary;
{d) at least once in each day, the safety catches, if any,
of the conveyance, to be sure they are clean, sharp
and in proper adjustment and working condition;
57
73
(e) at least once in every three months, the safety catches
of the cage or other shaft conveyance so equipped by
testing the same, such test to consist of releasing
the empty conveyance suddenly in some suitable
manner from rest so that the safety catches have
the opportunity to grip the guides, and, in case the
safety catches do not act satisfactorily, the cage or
other shaft conveyance shall not be used further for
raising or lowering men until the safety catches have
been repaired and have been proved to act satis-
factorily, as referred to in paragraph 11 of section 339.
R.S.O. 1960, c. 241, s. 383 (1), amended.
(2) In friction hoist installations, the stretch of the hoist- be^recorded
ing rope or ropes shall be measured and recorded in the
Friction Hoist Machinery Record Book.
(3) In friction hoist installations, measurement of rope ^i°PfetQj.g
diameters and the location and number of broken wires shall be ^'J^i^t"^^^
, . . . . , . wires to be
recorded monthly m the Friction Hoist Machinery Record recorded
Book. New.
(4) If the mechanical engineer deems it necessary, he rnay, ^|9^|^^^°*^
after consultation with the manager, conduct or cause to be may conduct
conducted specific tests of the safety catches with which a
conveyance is equipped.
(5) If on examination there is discovered any weakness Defects to
DG 1*611160.160
or defect whereby the safety of persons may be endangered, at once
the weakness or defect shall be immediately reported to the
owner or manager or person in charge and, until the weak-
ness or defect is remedied, the hoisting plant shall not be used.
R.S.O. 1960, c. 241, s. 383 (2, 3).
(6) It is the duty of the person referred to in subsection 1 |^a°mina°fon
to record the reports of all examinations therein referred to and ^^'^ reports
also to record all reports referred to in subsection 5 in a book
called the Hoisting Machinery Record Book or the Friction
Hoist Machinery Record Book, whichever is applicable.
R.S.O. 1960, c. 241, s. 383 (4), amended.
Hoisting Machinery Record Books
386. — (1) The owner or manager shall keep or cause to beo/^reporfs
kept at the mine the Hoisting Machinery Record Books re-
ferred to in section 366, in which shall be entered a report
of every examination or report referred to in sections 339
and 366, subsection 2 of section 378, subsection 3 of section
382 and sections 383 and 385, and a notation of any failure of,
accident to, correction or repairs to the hoist, the hoisting rope,
57
74
the shaft conveyance or any other part of the hoisting, dump-
ing or loading equipment, signed by the person making the
examination or report.
b '^sie^ed* ^^^ Such entries shall be read and signed each day, week or
month, as is required by this Act, by the person in charge of
such equipment or accessories thereto.
What to
be entered
(3) A notation shall be made in the Hoisting Machinery
Record Books of the action taken regarding the report of any
failure of, accident to, corrections or repairs to the hoist, the
hoisting rope, the shaft conveyance or any other part of the
hoisting, dumping or loading equipment, over the signature of
the person in charge of such equipment or accessories thereto.
?va°Sbie ^® (4) The Hoisting Machinery Record Books shall be made
available to the engineer at all times. R.S.O. 1960, c. 241,
s. 385, amended.
Raise Climbers
Brakes
387. — (1) Raise climbers shall be fitted with more than one
means of braking, each capable of stopping the climber and
holding it in place.
Maintenance (2) Raise climbers shall be maintained in safe operating
condition.
Testing of
brakes
(3) The operator of a raise climber shall ensure at the
beginning of his shift that the brakes are in safe working
condition.
Load
capacity
(4) The rated load capacity of the equipment as certified by
the manufacturer shall not be exceeded.
Log book
(5) Where raise climbers are used pursuant to section 271
or subsection 2 of section 315, an approved log book shall be
maintained.
Record
kept
(6) A record of inspections, maintenance and repairs shall
be maintained in the log book.
tolnlinei? 0) The log book shall be available to the engineer at all
times. New.
Folding
gates
Elevators
388. — (1) Every entrance to a hoistway shall be provided
with a substantial door or doors or gate or gates at least five
feet six inches in height.
57
75
(2) All folding gates over three feet wide shall have top, idem
bottom and centre braces.
(3) Every gate or door opening to an elevator hoistway interlocks
shall be so controlled by an interlocking device that the ele-
vator cannot be moved unless the door or gate is properly
closed and that the door or gate cannot be opened unless the
elevator car is in the proper position at the floor or landing
place. R.S.O. 1960, c. 241, s. 386.
389. Every hoistway landing place shall be adequately Lighting
lighted. R.S.O. 1960, c. 241, s. 387.
390. When a hoistway is not enclosed in walls, access to Guarding
the hoistway by means of an adjacent stairway shall be pre- °^^ ^^^
vented by means of a partition to a height of at least six feet.
R.S.O. 1960, c. 241, s. 388.
391. All guide rails for cars and counterweights shall be Guide
of substantial construction and shall be securely fastened to
the sides of the hoistway, and the bottom ends shall rest on a
secure foundation and shall be firmly fixed in that position.
R.S.O. 1960, c. 241, s. 389.
392. At every elevator, other than an approved auto- clearance
matically-controlled passenger elevator, a clear space of not
less than three feet shall be provided between the bottom of
the hoistway and the lowest point of the car when the car
is at its lowest landing, and between the top of the car and
the sheave when the car is at its top landing, and also between
the top of the counterweight and the sheave when the car is
at its lowest landing. R.S.O. 1960, c. 241, s. 390.
393. Every elevator shall be provided with automatic Automatic
devices at the top and bottom of the travel of a car in thcde^vices
hoistway, so arranged that the car will be stopped before it
has travelled two feet above the top landing, or two feet below
the bottom landing, and all drum hoists shall, in addition, be
fitted with automatic stop motions to prevent overwinding.
R.S.O. 1960, c. 241, s. 391.
394. All counterweights shall have their sections strongly Protecting
bolted together, shall be so placed that they cannot fall weights
on any part of the elevator or machinery and shall be sus-
pended in guides in such a manner that they will run freely
without danger of being detached. R.S.O. 1960, c. 241, s. 392.
395. Every elevator on which any person travels shall be protection
provided with side casing and shall have a door or doors ex- °^ elevator
tending at least five feet above the bottom of the elevator, and
the top shall be covered with suitable protective roofing.
R.S.O. 1960, c. 241, s. 393.
57
76
Safety
catches
396. — (1) Every elevator on which any person travels
shall be provided with efficient safety catches capable of
holding the elevator and its maximum load in any position
in the hoistway.
Idem
(2) When the safety catches are operated through shafts,
all the levers and safety catches shall be keyed to the shafts.
R.S.O. 1960, c. 241, s. 394.
Signalling
devices
397. For every elevator on which any person travels,
other than an elevator equipped with approved controls for
automatic operation, there shall be provided at every floor or
landing place suitable devices to signal to the elevator car
operator. R.S.O. 1960, c. 241, s. 395.
of e^evat^ors ^^^* — ^^^ ^^^ ropes, safety devices, safety catches, sig-
nalling devices, doors, interlocks and other electrical and
mechanical equipment necessary to the safe operation of
elevators shall be inspected at least once each month.
a^faiiabfe (2) The records of such inspection shall be made available
to the engineer. R.S.O. 1960, c. 241, s. 396.
capac^f of ^^^' '^^^ manufacturer's rated capacity for the elevator
elevator shall be posted in the elevator. R.S.O. 1960, c. 241, s. 397.
^perafors**^'^ ^^^- ^^ person Under the age of eighteen years shall be
allowed to operate an elevator, other than an automatically-
controlled elevator. R.S.O. 1960, c. 241, s. 398, amended.
Interpre-
tation
Travelling Cranes
401. — (1) In this section and in sections 530 and 531,
"crane" means a crane that travels on fixed tracks and is
operated from a cab mounted on the crane. New.
Warning
devices
(2) Every crane shall be equipped with a whistle, bell,
gong or horn that shall be sounded at such times as are neces-
sary to give warning of the approach of the crane to places
where men are working or are liable to pass. R.S.O. 1960,
c. 241, s. 399 (1), amended.
to^preyent (3) Every crane shall be equipped with suitable devices
overwind ^^ prevent overwinding. R.S.O. 1960, c. 241, s. 399 (2).
examination (4) The owner or manager shall depute some qualified
of cranes person or persons to examine daily such parts of the crane or
apparatus pertaining thereto upon the proper working of
which the safety of persons depends. R.S.O. 1960, c. 241,
s. 400 (1).
57
77
(5) A record of the examination and other regular main- Record
tenance examinations shall be kept, signed by the person mak-
ing the examination, and such record shall be available to the
engineer at all times. R.S.O. 1960, c. 241, s. 400 (2), amended.
(6) No person, other than the operator, shall be permitted ^/oWbited
to ride on a crane or any part thereof or on any material
carried by the crane, except for inspection, supervision,
maintenance and repair, or the instruction of a new operator.
R.S.O. 1960, c. 241, s. 401.
(7) No person under the age of eighteen years shall be Age. crane
allowed to operate a power-driven crane controlled from a
cab. R.S.O. 1960, c. 241, s. 402, amended.
Protection from Machinery
402. Every fly-wheel, geared-wheel, bull-wheel, pulley orFiy-wheei,
belt, and every opening through which any wheel or beltlfhee^etc.
operates, shall be enclosed with a substantial railing or casing,
unless situated in such a manner or location as to prevent a
person from coming into accidental contact therewith. R.S.O.
1960, c. 241, s. 403.
403. Every key, bolt, set-screw, and every part of a wheel projections
or other revolving machinery that projects unevenly from to be
the surface, shall be covered, unless situated in such a manner
or location as to prevent a person from coming into accidental
contact therewith. R.S.O. 1960, c. 241, s. 404.
404. — (1) Every stationary power-driven grinding wheel ^^^"^^^"^8 ^^^
shall be provided with a suitable hooded guard. R.S.O. guarded
1960, c. 241, s. 405 (1), amended.
(2) Such guard shall be adjusted close to the wheel and^<*®"^
extended forward, over the top of the wheel, to a point at
least 30 degrees beyond a vertical line drawn through the
centre of the wheel. R.S.O. 1960, c. 241, s. 405 (2).
405. Persons engaged in dangerous proximity to moving Wearing
machinery shall not wear or be allowed to wear loose outer clothing
clothing. R.S.O. 1960, c. 241, s. 406.
406. Every runway or staging more than five feet from Runway to
the floor and used for oiling or other purposes shall be provided railing
with a hand-railing. R.S.O. 1960, c. 241, s. 407.
407. Every entrance to an elevator, hatchway or well- Jf^^ftrince
hole shall be provided with a suitable trap-door, guard-rail
or automatically-closing gate. R.S.O. 1960, c. 241, s. 408.
57
78
weights^* 408. Every counterweight shall be so situated or guarded
that injury to a person would not be probable should it
become detached from its fastenings. R.S.O. 1960, c. 241,
s. 409.
Track 409. — (1) Every switch in a track, either above or below
ground, on which cars are moved by mechanical power shall
have the frog and guard rail entrances provided with a guard
block if its construction is not such that the hazard of a man's
foot being caught in it is reduced to a minimum. R.S.O. 1960,
c. 241, s. 410 (1), amended.
of tracks^'^^^ (^) ^^^ tracks shall be maintained in good working con-
dition. R.S.O. 1960, c. 241, s. 410 (2).
Conveyors, 410. — (1) No person shall ride on a conveyor or belt, other
than an escalator or man-lift approved by the chief engineer.
R.S.O. 1960, c. 241, s. 411 (1).
Idem (2) The following apply to installations of conveyor belts
that exceed 100 feet in length:
1. There shall be an approved means for stopping the
conveyor belt, available to any person along its
course, by a device that is not capable of restarting
the conveyor belt.
2. There shall be a suitable means of locking or tagging
the control switch, or both, to prevent the conveyor
belt from starting, and any control switch that is
locked shall not be a push-button switch.
3. Where practicable, there shall be suitable warning
before starting a conveyor belt to warn persons along
its course.
4. Where conveyorways are used as regular travelways,
suitable means shall be provided to protect persons
from material that may fall from the belt. R.S.O.
1960, c. 241, s. 411 (2), amended.
itie'^ (3) All inclined conveyorways shall be equipped with a
suitable walkway or travelway to allow access for maintenance
purposes. New.
Clay, Sand and Gravel Pits, and Quarries
F'^^-^fi"'"^'^^ 411. — (1) In workings of clay, sand and gravel or other
forbidden ^^ ' , • , , • , i i i r
types of unconsolidated material, the method of removing
material by undermining shall not be used.
57
79
(2) No working place shall have a vertical height of more idem
than ten feet, unless the material is at a suitable angle to
ensure safety.
(3) Where the thickness of the material exceeds ten feet^*^®™
in vertical depth, the work shall be done in terraces or at a
suitable angle to ensure safety. R.S.O. 1960, c. 241, s. 412
(1-3).
(4) Where mechanical equipment is used in loading un- Mechanical
consolidated material, unless the material is at a suitable
angle of repose, no working place shall have a vertical height
of more than five feet above the top of the boom or the bottom
of the bucket raised to its highest operating position. R.S.O.
1960, c. 241, s. 412 (4), amended.
412. Unless permission in writing is first obtained from^®|8^*
the chief engineer, all open-cut (cast) operations (workings)
over sixty-five feet in depth shall be worked in benches not
more than sixty-five feet high, and due precautions shall be
taken to maintain the walls, benches and broken material in
a safe working condition, and no working face shall be ad-
vanced by undercutting, except where a tunnelling method
is used. R.S.O. 1960, c. 241, s. 413 (1), amended.
413. Every pit or quarry dangerous by reason of its depth pftg'^^^d
shall be securely fenced or otherwise protected against ^"^'■"®^
inadvertent access. R.S.O. 1960, c. 241, s. 414, amended.
414. — (1) In all open-pit workings, all unconsolidated overburden
materials, such as clay, earth, sand, gravel and loose rock
lying within six feet of the rim of the pit or quarry, shall be
removed. R.S.O. 1960, c. 241, s. 415 (1), amended.
(2) Beyond this strip, all overburden shall be sloped to an idem
angle less than its natural angle of repose. R.S.O. 1960,
c. 241, s. 415 (2).
415. When dumping material from a vehicle to a stock- p^^^'^j^^'^o'^^
pile, due precautions shall be taken to keep the vehicle at dumping
a safe distance from the edge. New.
416. — (1) Unless the adjoining owners agree to dispense Party walls
therewith, in sand, clay or gravel or other natural uncon-quarrfes
solidated material, excavation operations shall not be carried
on within a distance from the property boundary of half the
height of the total pit face, and material that sloughs from
within this distance shall not be removed.
57
80
Excavation (2) Unless the adjoining owners agree to dispense there-
with, no quarrying shall be carried on in a rock quarry within
a distance of fifteen feet of the property boundary. R.S.O.
1960, c. 241, s. 416 (1, 2), amended.
Idem
(3) Where there is overburden, the natural slope of the
overburden shall be allowed for beyond this distance from the
property boundary as required under section 414. R.S.O.
1960, c. 241, s. 416 (3).
of^w™ii"^**°" ^^^- — (^) ^^ person shall be permitted to work near the
pit or quarry wall until the wall has been examined by the
foreman in charge of the crew. R.S.O. 1960, c. 241, s. 417 (1),
amended.
Idem (2) If the wall is found unsafe, the foreman shall have all
hazards removed before permitting any other work. R.S.O.
1960, c. 241, s. 417 (2).
Inspection 418. Derrick guy wires shall be regularly inspected and
guy wires maintained. R.S.O. 1960, c. 241, s. 418.
Life lines
419. — (1) It is the duty of each man engaged in work on
the wall of the pit or quarry, at such operations as barring
loose material, scaling and cleaning, to continually wear a
life line. R.S.O. 1960, c. 241, s. 419 (1), amended.
Snubbing,
etc.
(2) The life line shall be securely snubbed above the work-
ing place and shall be under the supervision of a snubtender,
or the line may be held taut by one or more fellow-workmen.
R.S.O. 1960, c. 241, s. 419 (2).
Hoisting
of men
prohibited
420. No person shall be hoisted or allow himself to be
hoisted or lowered by means of a hoist or derrick at a pit
or quarry unless permission is first obtained in writing from
the chief engineer. R.S.O. 1960, c. 241, s. 420.
Signalman
to clear
area
421. Where a load is being hoisted or lowered by means
of a hoist or derrick at a pit or quarry, the signalman shall
notify all persons in the vicinity to retire to a place of safety
until the load has cleared the danger zone. R.S.O. 1960, c. 241,
s. 421.
422. — (1) An effective block, automatic derail or safety
Derail at
incline switch shall be provided at the top of each inclined place to
prevent cars accidentally running down.
Exception (2) Such installation, however, is not required where the
skip or car remains on the hoisting cable. R.S.O. 1960, c. 241,
s. 422.
57
81
423. At all rock quarries, a record of each primary blast, Record of
signed by the person in charge of the blast, shall be kept and blasts
the following information recorded:
1. Date, time and location of the blast.
2. Burden, spacing, depth and number of holes blasted.
3. Weight of explosive, footage of top stemming and
firing delays used in respect of each hole.
4. Weight of explosives used per estimated ton broken.
R.S.O. 1960, c. 241, s. 423.
424. Unless the movement of the hoisting conveyance is^°^^i^^
visible to the hoistman at all times, a suitable signal system
shall be installed and maintained, and suitable signals,
approved by an engineer, shall be used. R.S.O. 1960, c. 241,
s. 424.
425. — (1) At every pit or quarry, there shall be provided and ways^^^*"^^
maintained in good condition a suitable travelling way leading
from the working level of the pit or quarry to the surface.
R.S.O. 1960, c. 241, s. 425 (1), amended.
(2) Where the travelling way is inclined at more than ^'^^"^
30 degrees and less than 50 degrees to the horizontal, stairways
or ladders shall be provided.
(3) All stairways shall be equipped with substantial and ^'^®™
suitably-placed hand-rails.
(4) Where the travelling way is inclined at more than idem
50 degrees to the horizontal, ladders shall be used.
(5) Substantial platforms shall be built at intervals not idem
exceeding twenty-one feet in the ladderway and at all places
where the ladders are off-set. R.S.O. 1960, c. 241, s. 425
(2-5).
(6) Except for approved access ladders to equipment, no idem
ladder shall be installed at an inclination of more than 70
degrees to the horizontal. R.S.O. 1960, c. 241, s. 425 (6),
amended.
426. Adequate lighting, safe footing and sufficient room Safe working
shall be provided for all workmen who are required to work about
near or about machinery. R.S.O. 1960, c. 241, s. 426. machinery
57
82
Antidotes
and washes
Crushing Plants, Mills and Metallurgical Works
427. — (1) At every mine or works where poisonous or
dangerous compounds, solutions or gases are used or produced,
there shall be kept in a conspicuous place, as near the com-
pounds, solutions or gases as is practicable, a sufficient supply
of satisfactory antidotes and washes for treating injuries
received from such compounds, solutions or gases.
Idem
(2) Such antidotes and washes shall be properly labelled
and explicit directions for their use affixed to the boxes con-
taining them. R.S.O. 1960, c. 241, s. 427.
production ^^^' ^"^ provision shall be made at all plants, where
etc., of acids, acids or poisonous compounds are produced, transferred,
Doisons
used or stored, to reduce to a minimum the hazard of handling
or storing such materials. R.S.O. 1960, c. 241, s. 430, amended.
Removal
of dust
429. In every mill or plant where, by reason of dry crush-
ing or otherwise, there is in the air of the building dust in
quantity to be injurious to health, suitable apparatus shall be
installed for its removal. R.S.O. 1960, c. 241, s. 428.
Poisonous
vapours
430. — (1) In every mill or plant where poisonous vapours or
gases exist or may be formed, suitable means shall be adopted
to provide such ventilation as will prevent the formation of
dangerous concentrations of the same. R.S.O. 1960, c. 241,
s. 429.
wife'n""^'^ (2) No person shall enter or be permitted to enter a tank
entering until due precautions have been taken to ensure that the
atmosphere is safe. New.
Transfer of
liquids by
compressed
air
431. The transfer of liquids from one location or container
to another location or container by the application of air
under pressure shall not be permitted, except where properly-
designed and tested equipment is used for this purpose.
R.S.O. 1960, c. 241, s. 431.
Life lines,
for work
in bins
432. — (1) No person shall enter or be allowed to enter a
storage bin from which material is drawn off at the bottom
while material is stored therein, unless a second person is in
constant attendance and suitable precautions are taken
against the danger of caving material.
to be
provided
and worn
(2) The owner or manager shall, when necessary, provide
life lines for the workmen, and it is the duty of the workmen to
continually wear such life lines when, by so doing, the interests
of safety are advanced. R.S.O. 1960, c. 241, s. 432.
57
83
433. Where in the opinion of the enginner the use of^'",
,. . I'll platforma
working platforms in or at bins is advisable, they shall be
provided, used and maintained in a safe working condition.
R.S.O. 1960, c. 241, s. 433.
434. — (1) Guard-rails shall be placed at the approach to Guard -rails
tracks on surface, where mechanical haulage is used and where approaches
the view of the tracks is obstructed in one or both directions.
(2) Where restricted clearances make the use of guard-rails when
. '.,., .. f . , . impractical
impractical in the opinion oi an engineer, he may permit
such guard-rails to be omitted but shall require that there be
installed at the track approaches a suitable type of warning
signal that will automatically give adequate, audible and
visible warning at all times of the approach of the conveyance,
or that a switchman shall walk ahead of the leading con-
veyance on the track when the conveyance is in dangerous
proximity to the area requiring guarding and stand guard at
such approaches. R.S.O. 1960, c. 241, s. 434.
435. — (1) Workmen employed at metallurgical works shall pritStion^
be supplied with suitable shields and appliances to protect burning
them as far as possible against being burned with molten
metal or other material.
(2) It is the duty of all workmen to use such shields and use
appliances. R.S.O. 1960, c. 241, s. 435.
436. Before any person or persons are allowed to work on inspection
stock piles of ore, limestone, coke or other material, the stock ° ^ ^° ^^ ^
piles shall be inspected by some authorized person whose duty
it is to see that they are in a safe working condition. R.S.O.
1960, c. 241, s. 436.
437. Each scale car shall be provided with an audible Scale cars
warning alarm that shall be sounded by the operator each
time a car is started, or each car shall be equipped with an
automatic mechanical warning alarm that will sound when
the car is moved. R.S.O. 1960, c. 241, s. 437.
438. — (1) Every ladle or slag pot shall be examined before Examination
molten material is placed therein. etc""""'*^^"
(2) Every effort shall be made to prevent molten material ^*^®™
from coming into accidental contact with cold, damp or rusty
surfaces where such contact may cause an explosion. R.S.O.
1960, c. 241, s. 438.
439. — (1) When molten material is transported by me- Filling of
chanical means in ladles or slag pots and the safety of persons "'<'"'^^' *"°-
57
84
may be endangered from splashing, every effort shall be made
to ensure that the ladles or slag pots are not filled above a
point four inches below the top of the vessel.
Idem (2) If this limit is exceeded, the ladle or slag pot shall not
be moved until the foreman or other responsible person has
warned the workmen required to handle the ladle or slag pot
of this condition and has warned all persons in the vicinity.
R.S.O. 1960, c. 241, s. 439.
Side
clearance
haulage
Overhead
clearance
440. Where mechanical haulage is used on surface and the
clearance between the sides of conveyances on parallel tracks
or between the sides of conveyances and the side of a building
or other structure is less than eighteen inches, the location
shall be plainly marked showing the danger. R.S.O. 1960,
c. 241, s. 440.
441. At the approach to an overhead bridge, pipe line or
a similar structure on a standard -gauge railway track and
the clearance is less than six feet between the top of a railway
car and the underside of the structure, a "low bridge" warning
device shall be installed. R.S.O. 1960, c. 241, s. 441.
Life lines 442, Life lines and belts in good order shall be provided
and kept in a secure and readily accessible place for im-
mediate use in case it becomes necessary to rescue a workman
from the top rigging, and also for use by a workman whose
duties require him to work in an atmosphere that is liable
to become dangerous by reason of the presence of noxious
gases. R.S.O. 1960, c. 241, s. 442.
Ventilation
Blast furnaces
443. At all furnaces of the hand-filled type, the room at the
furnace top, where workmen are engaged, shall be adequately
ventilated. R.S.O. 1960, c. 241, s. 443, amended.
worifmen^ ^'^^- Whenever it becomes necessary for a workman to
go above the casting floor, he shall notify the foreman or other
responsible person, who shall see that there is always a work-
man in attendance whose duty it is to remain outside the
gaseous area and act as a watcher and give the alarm to the
casthouse or stockhouse and render every possible assistance
in case of gassing or other danger. R.S.O. 1960, c. 241, s. 444.
Protection
from bustle
pipes
445. — (1) All bustle pipes shall be provided with safe
working platforms equipped with hand-rails at least three feet
six inches in height and, wherever practicable, the platform
shall not rest directly on the bustle pipe, but shall be supported
on angle bars, so that the floor plate will not become suffi-
ciently hot to cause burns to a workman falling on it.
57
85
(2) Access to the platform shall be by a stairway provided ^^^^
with hand-rails. R.S.O. 1960, c. 241, s. 445.
446. A suitable line of communication by telephone, gong, Line of
••11 L communi-
or other mechanical means, shall be mamtanied between the cation
furnace top, and all other dangerous places, to the casthouse,
skip operator's room or other place where workmen are
continuously on duty. R.S.O. 1960, c. 241, s. 446, amended.
447. A suitable ladderway or stairway shall be provided f'^'^j^lJIr-
from the foundation to the top of the furnace. R.S.O. 1960, ^ays
c. 241, s. 447.
448. Unless an approved type of elevator is provided as a ®*^|''^^^^^
means of travel to the furnace top, stairways shall be installed
at an angle not greater than 50 degrees from the horizontal
and shall be provided with landings or turnouts at intervals
of not more than twenty-five feet, measured on the slope, so
that it will not be possible for a workman to fall from the top
to the foundation below. R.S.O. 1960, c. 241, s. 448.
449. — (1) Every foreman shall personally supervise or supervision
appoint a competent person to supervise any work around the hazardous
furnace involving unusual accident hazard, such as work in
gas mains or cleaners, tearing out linings, work in the cast-
house, about the stoves, when blowing in or blowing out, and
any work about the bells or stock line. R.S.O. 1960, c. 241,
s. 449 (1), amended.
(2) He shall also, when the furnace is known to be hanging idem
and liable to slip, see that no workman is allowed on top for
any purpose. R.S.O. 1960, c. 241, s. 449 (2).
450. When ore becomes frozen or jammed in the furnace Protection
, 1 11 1 1 -111 • aroundlbell
hopper or bell and workmen are required to bar the ore into
the furnace, a suitable guard-rail shall be provided to prevent
workmen slipping on to the bell. R.S.O. 1960, c. 241, s. 450.
451. — (1) There shall be maintained in readily accessible ^j^^°JJ|^yg
places at all metallurgical plants, where the atmosphere may
contain dangerous concentrations of poisonous gases or
vapours, detection equipment, breathing apparatus and port-
able resuscitating apparatus of approved type, with an
adequate supply of material for the proper operation of the
apparatus. R.S.O. 1960, c. 241, s. 451 (1), amended.
(2) There shall also be on duty in each working shift one 5'^^g'^®^^,
or more persons appointed by the superintendent and trained
in the use of breathing and resuscitating apparatus. R.S.O.
1960, c. 241, s. 451 (2).
57
steam
boilers
86
Steam, Compressed Air
452. — (1) Every steam boiler used for generating steam
in or about a mine, whether separate or one of a range,
(a) shall have attached to it a proper safety-valve, and
also a proper steam-gauge and water-gauge, to show
respectively the pressure of steam and the height
of water in each boiler; and
(b) shall be inspected by an Ontario Government boiler
inspector or by an inspector of a boiler insurance
company at least once in every twelve months, and
a certified copy of the report of the inspection shall
be forwarded to the chief engineer.
posted°^*^ (2) The certificate of inspection shall be kept posted in the
boiler room at all times. R.S.O. 1960, c. 241, s. 452.
Air receivers
and com-
pressors
Maintenance 453 Every such boiler, safety-valve, steam-gauge and
water-gauge shall be maintained in proper working condition.
R.S.O. 1960, c. 241, s. 453.
454. — (1) Every air receiver installed at the surface of a
mine and those installed with an air compressor underground
shall be inspected by an Ontario Government boiler inspector
or by an inspector of a boiler insurance company at least once
in every twelve months, and a certified copy of the report
of the inspection shall be forwarded to the chief engineer.
Certificate (2) The certificate of inspection shall be kept posted in
the compressor room at all times.
Examination (3) AH intercoolers, aftercoolers, inlet and discharge valves
and main- ^ ^ . ' . . , ,, i • i
tenance on Stationary compressors in operation shall be examined at
least once in every twelve months and shall be cleaned when
necessary.
Tempera- (4) A temperature-indicating device shall be installed on
ing device the high pressure discharge of each compressor.
Idem
Idem
Exception
(5) The normal operating temperature shall be indicated
by a red mark on the scale.
(6) The temperature shall be recorded at least once a shift.
(7) Subsections 3 to 6 do not apply to portable compressors,
compressors discharging to atmosphere, stationary com-
pressors of less than 300 c.f.m. capacity, banks of compressors
with a total capacity of less than 300 c.f.m. discharging to a
common receiver, or compressors where the cylinders are not
lubricated with oil.
57
87
(8) The air receivers mentioned in subsection 1 shall be Examination
examined at least once in every twelve months and shall be receivers
cleaned when necessary.
(9) A book shall be kept in which shall be recorded the date J^^^^'^^^g^fgna
of every examination and cleaning under subsections 3 and 8
and a note shall be made as to the condition of the appliance
examined or cleaned. R.S.O. 1960, c. 241, s. 454.
Provisions Governing the Use of Electricity
455. In this section and in sections 456 to 594, tation'^*'
1. "accessible", as applied to equipment, means per-
mitting close approach because not guarded by locked
doors, elevation or other effective means;
2. "armoured cable" means a cable provided with an
outer covering, fabricated from a metal other than
lead, which forms an integral part of the assembly of
the cable and is designed primarily to afford mechani-
cal protection;
3. "authorized person" means,
(a) a qualified person who, because of his duties
or occupation, is delegated to approach or
handle electrical equipment,
(b) any other person who, having been warned of
the hazards involved, has been instructed or
authorized to approach or handle electrical
equipment by some person having authority
to give the instructions or authorization ;
4. "branch circuit" means the part of a circuit that
extends beyond the final over-current devices on
the circuit;
5. "circuit" means a path through which electric
current can flow;
6. "circuit-breaker" means an electro-mechanical de-
vice designed to open, under both overload and short-
circuit conditions, a current-carrying circuit without
injury to the device;
7. "conductor" means a body so constructed from con-
ducting material that it may be used as a carrier of
electric current;
57
88
8. "contactor" means a device, operated other than
by hand, for repeatedly establishing and interrupting
an electric power circuit;
9. "disconnecting means" means a device, group of
devices or other means whereby the conductors of a
circuit can be disconnected from their source of
supply;
10. "electrical equipment" means any apparatus, appli-
ance, device, instrument, fitting, fixture, machinery,
material or thing used in or for, or capable of being
used in or for, the generation, transformation, trans-
mission, distribution, supply or utilization of electric
power or energy, and, without restricting the gener-
ality of the foregoing, includes any assemblage or
combination of materials or things which is used,
or is capable of being used or adapted, to serve or
perform any particular purpose or function when
connected to an electrical installation, notwith-
standing that any such materials or things may be
mechanical, metallic or non-electric in origin;
11. "feeder" means a conductor, or group of conductors,
which transmits electrical energy from a service
supply, transformer, switchboard, distribution centre,
generator or other source of supply to branch circuit
overcurrent devices;
12. "ground" means a connection to earth obtained by
a ground electrode;
13. "ground electrode" means a buried metallic water-
piping system or metal object or device buried in
or driven into the ground so as to make intimate
contact therewith and to which a grounding conduc-
tor is electrically and mechanically connected;
14. "grounded" means connected effectively with the
general mass of the earth through a grounding system
having a current-carrying capacity sufficient at all
times, under the most severe conditions that are
liable to arise in practice, to prevent a current in
the grounding conductor from causing a harmful
voltage to exist,
(a) between the grounded conductors and neigh-
bouring exposed conducting surfaces that are
in good contact with the earth, or
(b) between the grounded conductors and neigh-
bouring surfaces of the earth itself;
57
89
15. "grounding conductor" means a path of suitable
metal specially arranged as a means whereby
electrical equipment is electrically connected to a
ground electrode;
16. "grounding system" means all conductors, clamps,
ground clips, ground plates or pipes and ground
electrodes by means of which the electrical instal-
lation is grounded;
17. "guarded" means covered, shielded, fenced, en-
closed or otherwise protected by means of suitable
covers, or casings, barriers, rails or screens, mats or
platforms, to remove the likelihood of dangerous
contact or approach by persons or objects;
18. "isolating means" means a device, group of devices
or other means intended for isolating an electric
circuit from its source of power and intended to
be operated only after the circuit has been opened
by some other means;
19. "mobile", as applied to electrical equipment, means
the equipment is specifically designed not to be used
in a fixed position;
20. "overcurrent device" means any device capable of
automatically opening an electrical circuit both
under pre-determined overload and short-circuit
conditions either by fusing of metal or by electro-
mechanical means;
21. "overload device" means a device affording protec-
tion from excess current but not necessarily short-
circuit protection, and capable of automatically
opening an electric circuit either by the fusing of
metal or by electro-mechanical means;
22. "qualified person" means a person familiar with the
construction and operation of electrical equipment
and the hazards involved;
23. "switch" means a device for making, breaking or
changing connections in a circuit, and
(a) "general use switch" means a switch that is
intended for use in general distribution and
branch circuits, is rated in amperes and is
capable of interrupting its rated current at
rated voltage, and
57
90
(b) "motor circuit switch" means a switch, rated
in horsepower, capable of interrupting the
maximum operating overload current of a
motor of the same horsepower at the rated
voltage ;
24. "switchboard" means a panel or assembly of panels
on which are mounted any combination of switching,
measuring, control and protective devices, buses and
connections, designed with a view to successfully
carrying and rupturing the maximum fault current
encountered when controlling incoming and out-
going feeders:
25. "utilization equipment" means equipment, devices
and connected wiring that utilize electrical energy
for mechanical, chemical, lighting, testing or similar
purposes and are not a part of the supply equipment,
supply lines or communication lines;
26. "visible break", where applied to a disconnecting
means, means a switch or device wherein the separa-
tion between all members of the movable and the
fixed current-carrying parts may be readily deter-
mined by visual inspection;
27. "voltage" or "volts" means the highest effective
difference of potential between the conductors of
the circuit concerned;
28. "voltage to ground" means,
(a) in grounded circuits, the highest effective dif-
ference of potential between any wire of the
circuit and ground,
(b) in ungrounded circuits, the highest effective
difference of potential existing in the circuit;
29. "wire gauge" means the standard known as A.W.G.
(American Wire Gauge) or B. & S. (Brown and
Sharpe) wire gauge. R.S.O. 1960, c. 241, s. 455,
amended.
GENERAL
Disconnec- 455. In case of the abandonment of a mine, the owner,
tlon when
mine manager or supermtendent shall cause such station or stations
abandoned , . , i • i r .1 • j. u
supplying power to and being the property ot the mine to De
disconnected from the power source and within fourteen days
57
91
shall notify the chief engineer in writing that the discon-
nection has been made. R.S.O. 1960, c. 241, s. 517.
457. Electrical equipment shall be designed, installed and^®'^®'^^
maintained in compliance with the requirements of this Act.
R.S.O. 1960, c. 241, s. 461, amended.
458. The current edition of the Canadian Electrical Code, Accepted
Part I, shall be accepted as good practice in the installation
of electrical equipment except where it may conflict with the
sections herein set forth. R.S.O, 1960, c. 241, s. 457, amended.
459. All electrical equipment shall be of such construction Hazard
and so installed and maintained as to reduce life and fire
hazard as far as practicable. R.S.O. 1960, c. 241, s. 458.
460. All electrical equipment shall be suitably identified J<^en«flca-
where necessary for safety. R.S.O. 1960, c. 241, s. 459. equipment
461. Electrical equipment shall show a plate bearing theNamepiate
maker's name and all other ratings, such as horsepower,
voltage or current, necessary to prove its suitability. R.S.O.
1960, c. 241, s. 460, amended.
462. — (1) Where electrical apparatus is used at a mine, it Competent
shall be in charge of an authorized person who shall be quali- Charge
fied by experience to handle such apparatus.
(2) Every person operating or having charge of electrical idem
apparatus shall have been instructed in his duty and shall be
competent to perform the work that he is set to do.
(3) Repairs, extensions and changes to existing electrical idem
installations shall be made only by qualified persons. R.S.O.
1960, c. 241, s. 456.
463. Temporary wiring and equipment that is not in Temporary
compliance with this Act may be used in an emergency, but ''^^**"*"°°*
only when under competent supervision or protected by suit-
able barriers or warning signs while it or neighbouring wiring
is alive and accessible to unauthorized persons, and such
temporary installations are permissible only for the period of
the emergency. R.S.O. 1960, c. 241, s. 464.
464. — (1) Defective equipment shall be put in good order Defective
... , equipment
or permanently disconnected.
(2) Defective wiring shall be repaired or removed. R.S.O. ^fri?,"^"''^
1960. c. 241, s. 462.
57
92
Work on
live
equipment
Idem
Idem
465. — (1) No repairs or alterations shall be carried out
on any live equipment exceeding 300 volts to ground, except
where complete disconnection of the equipment is not prac-
ticable.
(2) If the adjustment or repairs must be made while the
equipment is alive, all necessary precautions shall be taken to
ensure that the work may be done safely.
(3) In places where explosive or highly-flammable materials
or gases are present, repair or alteration shall not be made on
any live equipment. R.S.O. 1960, c. 241, s. 466.
Looking or 466. — (1) All switches controlling apparatus shall be
switcheB locked or plainly tagged in the open position to prevent the
inadvertent closing thereof while work is being done on the
apparatus.
Idem
(2) Notices placed on electrical equipment shall be of non-
conducting materials. R.S.O. 1960, c. 241, s. 463.
extfnguishing ^^^- — (^) Where installed electrical apparatus presents a fire
appliances hazard, each room or space shall be provided with an adequate
approved fire-extinguishing appliance, conveniently located
and conspicuously marked. R.S.O. 1960, c. 241, s. 465 (1).
Idem (2) Any fire-extinguishing appliance that has not been
approved for use on live parts shall not be placed in a room
containing electrical apparatus or exposed lines unless a sign
is mounted at the appliance warning against its use on
electrical fires. R.S.O. 1960, c. 241, s. 465 (2), amended.
GROUNDING
ft-om^°*'°° 468. Grounding conductors shall have adequate protection
[^echanicai where exposed to mechanical injury. R.S.O. 1960, c. 241,
''^"'^^ s. 471.
Circuits to
be grounded
Idem
469. — (1) One conductor of all circuits not over 150 volts
shall be grounded if exposed to leakage from higher voltage
circuits either through overhead construction or through
transformers having a primary voltage exceeding 750 volts,
except where such circuits form part of a control circuit or
signalling system the grounding of which would affect the
reliability of service.
(2) Three -wire single-phase circuits not exceeding 300 volts
between outer conductors shall have the neutral grounded.
Idem
(3) One conductor of the secondary circuits of all instru-
ment transformers shall be grounded unless the circuits are
57
93
installed and guarded as required for the high-voltage circuits
of the transformers. R.S.O. 1960, c. 241, s. 472.
470. — (1) For grounding A.C. circuits, the grounding con- Size of
ductors shall have adequate current-carrying capacity and grounding
shall be not less than No. 8, A.W.G. R.S.O. 1960, c. 241,''°'''^''''*°'
s. 473 (1), amended.
(2) The grounding conductor for secondary circuits of^*^®"^
instrument transformers shall not be smaller than the con-
ductors of the secondary circuit. R.S.O. 1960, c. 241, s. 473
(2).
471. — (1) The exposed non-current-carrying metal parts Equipment
of all electrical equipment shall be grounded when practicable, grounded
(a) for all equipment over 150 volts; and
(6) for all equipment under 150 volts where the exposed
non-current-carrying metal parts are within reach
of exposed grounded surfaces, such as metal frames
of other machines, plumbing fixtures, conducting
floors or walls.
(2) Grounded surfaces within five feet horizontally of the^^®'"
parts considered or within eight feet vertically of the floor
shall be considered within reach. R.S.O. 1960, c. 241, s. 474.
472. — (1) The minimum size of grounding conductor forfq^ip^ent
raceways and fixed equipment shall be not less than that grounding
.,■,., 1 e • • ^• 1-1 conductor
provided by a copper conductor of a size indicated in the
following table:
MINIMUM SIZE OF GROUNDING CONDUCTOR FOR
RACEWAYS AND EQUIPMENT
Rating or Setting of
Size of Grounding Conductor
Automatic Overcurrent
Device in Circuit
Electrical
Ahead of Equipment,
Copper Alum,
Conduit
Metallic
Conduit, etc., Not
Wire Wire
or Pipe
Tubing
Exceed i ng — Am per es
AWG AWG
Inch
Inch
20
16* 14*
M
^
30
14 12
Vi
H
40
12 10
K
^
60
10 8
^
y^
100
8 6
K
H
200
6 4
y^
1
400
4 2
Va.
IM
600
2 0
%
IM
800
0 00
1
2
1000
00 000
1
2
1200
000 0000
1
2
*Permissible only when part of an approved cable assembly.
57
94
Idem
(2) Where the grounding conductor is run outside the cable
armour or conduit enclosing the associated circuit conductors,
the minimum size of such a grounding conductor shall be No.
8, A.W.G. R.S.O. 1960, c. 241, s. 475, amended.
Grounding 473. Flexible cord used to supply portable equipment
conductor , . . r rt r-f J t- ,
size for havmg a rating 01 hiteen amperes or less at voltages not
equipment exceeding 250 volts shall have included in the cord assembly
a grounding conductor whose size shall be,
{a) not smaller than No. 16, A.W.G. if uninsulated, or
No. 18, A.W.G. if insulated; and
{h) at least the same size as the current-carrying con-
ductors, except that, in cords of No. 12, A.W.G. and
larger, it may be two A.W.G. sizes smaller than the
other conductors. R.S.O. 1960, c. 241, s. 476,
amended.
Means of
attacliment
to circuits
and
equipment
474. The grounding conductor, bond or bonding jumper
shall be attached to circuits, conduits, cabinets, equipment
and the like, which are to be grounded, by means of suitable
lugs, pressure connectors, clamps or other approved means.
R.S.O. 1960, c. 241, s. 477, amended.
Material 475. The grounding conductor shall be of copper or other
grounding metal that will not corrode excessively under the existing
uc ors conditions. R.S.O. 1960, c. 241, s. 478, amended.
Piping
system
used as
ground
476. — (1) Ground connections to metallic water or air
systems shall be made beyond any point liable to discon-
nection.
Idem (2) Main water or air lines shall be substantially bonded
together for this purpose, but shall, unless connected to a
buried piping system of considerable extent that will provide
a low -resistance ground, be connected to an artificial ground
electrode. R.S.O. 1960, c. 241, s. 479, amended.
Means of 477. The grounding conductor shall be connected to the
to ground grounding electrode by means of substantial ground clamp or
other equivalent means. R.S.O. 1960, c. 241, s. 480 (1).
electrode
^lecS-od^ 478. — (1) Artificial ground electrodes shall consist of driven
pipes, rods, buried plates or other devices acceptable for the
purpose.
Idem
(2) Electrodes of iron or steel pipe shall be not less than
%-inch internal diameter and shall be galvanized.
57
95
(3) Rod electrodes shall be not less than ^-inch in diameter idem
if of iron or steel or 3^-inch in diameter if of non-ferrous metal.
R.S.O. 1960, c. 241, s. 481, amended.
479, The grounding system shall be connected to the body ^f®|||*^J?,^|gg
of the earth, on the surface, through the lowest resistance
earth-contact possible. R.S.O. 1960, c. 241, s. 482.
480. The earth-contact of the main grounding system and ^®|^*^^j^®gj^,.
supplementary earth -contacts shall be provided with means to
facilitate measurement of earth -contact resistances. R.S.O.
1960, c. 241, s. 483.
WIRING METHODS
481. Conductors shall be suitable for the location, use and Jondlictors
voltage of the circuit and shall have sufficient current-carrying
capacity for the current they are required to carry. R.S.O.
1960, c. 241, s. 467 (1).
482. Portable conductors supplying mobile equipment Portable
aerating at more tha
following specifications:
operating at more than 300 volts shall conform with the conductors
1. The cable shall have a voltage rating not less than
50 per cent higher than the normal operating voltage
of the circuit.
2. Cable of standard rating for the normal operating
voltage may be used where the cable is supplied
through a circuit-breaker from a circuit where the
neutral point is grounded in such a manner as to,
(a) limit fault current; and
{h) limit the possible rise of fault potential on any
connected equipment to a maximum of 100
volts,
and where ground fault protection is provided.
3. All conductors including grounding conductors shall
be contained in one flexible, jacketed cable assembly.
4. Where the cable contains both the power circuit
and its remote control circuit, each circuit conductor
shall be insulated, as required by paragraphs 1 and 2,
for the highest potential employed in the cable,
except that, where sheathing, as in paragraph 10,
is provided, the control conductors need only be
insulated for their normal operating voltage.
57
96
5. The minimum size of the power conductors shall be
No. 12, A.W.G.
6. The cable shall contain as many grounding con-
ductors as power conductors and the grounding
conductors shall be located in the outer interstices
between the power conductors.
7. Remote control conductors contained in the cable
need not be considered power conductors in deter-
mining the number of grounding conductors.
8. The grounding conductors contained in the cable
shall be uninsulated and shall have a total conduc-
tance of not less than 60 per cent of the largest power
conductor.
9. The minimum size of each grounding conductor
shall be not less than No. 12, A.W.G.
10. Cables on circuits operating over 750 volts shall have
a grounded sheathing, consisting of tinned copper
wire mesh, or the equivalent, around each power con-
ductor, and this sheathing shall be, throughout the
length of the cable, in contact with the interstitial
grounding conductors.
11. Where connectors are used to attach cables to mobile
equipment, the cable shall be secured in such a
manner as to prevent mechanical damage.
12. Portable cable used to supply equipment in under-
ground workings shall have an outer jacket of a
material that will not support combustion and shall
be continuously identified as having such a jacket.
R.S.O. 1960, c. 241, s. 470, amended.
Guarding of 483. All exposed current-carrying parts of electrical equip-
ive par s n^g^^^ g^^h as bus-bars, conductors and terminals, operating
at over 150 volts, shall be,
(a) armoured;
{b) enclosed in a suitable raceway; or
(c) isolated by elevation or guarded. New.
t'^^^ll^^}^ 484. All conductors of an A.C. circuit shall be contained
111 r&c© w ot jr B
in the same raceway. R.S.O. 1960, c. 241, s. 467 (3), amended.
57
97
485. Where conductors of different systems are installed ^jP^^^*^*^
in the same raceway or armouring, each conductor shall be^ys*®"^^
1 1 r 1 1 -1 -111 -I in raceways
insulated for the highest potential employed or, in the case or
of a raceway, separated by a suitable barrier. New.
486. Conductors of different systems shall not be installed Jf'differln'?
in the same box, cabinet or auxiliary gutter unless effectively l^^^^^^^j.^^
separated by barriers. R.S.O. 1960, c. 241, s. 491, amended.
487. Identifying barriers shall be provided between circuits ^^''"®™
where more than one set of disconnecting switches are installed
adjacent to each other. R.S.O. 1960, c. 241, s. 494, amended.
488. Metal-covered and insulated conductors in conduit, t^°appark°tu8
where joined to transformers, motors, switchgear and other
apparatus, shall have their metal coverings secured to such
apparatus by clamps, locknuts or other devices to protect the
insulated conductors from mechanical injury. R.S.O. 1960,
c. 241, s. 469.
PROTECTION AND CONTROL
489. — (1) The type and rating of protective and control ^^l^^g^^f/^
devices shall be suitable for their use. New. ancLconlroi
devices
(2) All protective and control devices installed outdoors ^^®"^
shall be of a design suitable for their location. R.S.O. 1960,
c. 241, s. 502, amended.
490.— (1) Each ungrounded conductor shall be protected ^/vTces"'®''*
by an overcurrent device at the point where it receives jts'"®'*"^''®'^
supply of current and at each point where the size of the
conductor is decreased, except that such protection may be
omitted,
(a) where the branch circuit is not more than twenty -five
feet in length ;
(6) where the protection for a larger conductor ade-
quately protects a smaller; and
(c) where the opening of the circuit may cause special
hazard by the interruption of service or removal of
protection. R.S.O. 1960, c. 241, s. 495 (1, 4),
amended.
(2) The rating or setting of the protective device shall not idem
exceed the allowable current-carrying capacity of the circuit
conductors except in the case of branch motor circuits where
57
98
the rating or setting of the device may be increased sufficiently
to take care of motor-starting currents. R.S.O. 1960, c. 241,
s. 495 (2), amended.
Idem
(3) Unless the opening of the device disconnects all circuit
conductors at the same time, no manually-operated or auto-
matically-operated disconnecting device shall be placed in a
neutral or grounded conductor. R.S.O. 1960, c. 241, s. 495 (3).
Enclosure
of over-
current
devices
491. Overcurrent devices shall be enclosed in cut-out boxes
or cabinets unless they form a part of an approved assembly
that affords equivalent protection or unless mounted on
switchboards, panel-boards, or controllers located in rooms
or enclosures free from easily ignitable material and dampness,
and accessible only to authorized persons. R.S.O. 1960,
c. 241, s. 497, amended.
General
492. — (1) Suitable control devices shall be inserted in all
feeders and branch circuits. R.S.O. 1960, c. 241, s. 484 (1).
Idem
(2) All control devices shall be readily and safely accessible
to authorized persons and shall be so located, labelled or
marked as to afford means of identifying circuits or equip-
ment supplied through them and shall indicate whether they
are open or closed. R.S.O. 1960, c. 241, s. 503 (1), amended.
Rating of
control
devices
493.— (1) Control devices shall have ratings suitable for
the connected load of the circuits they control and, with the
exception of isolating switches, shall be capable of interrupting
such loads. R.S.O. 1960, c. 241, s. 486 (1), amended.
^f'^controi (^) Control devices shall be grouped where practicable.
devices R.S.O. 1960, c. 241, s. 484 (3), amended.
Location of (3) All coutrol devices shall be so arranged that the operat-
devices ing mechanisms are readily accessible to the operator. R.S.O.
1960, c. 241, s. 524.
Enclosure
of control
devices
494. — (1) Control devices, unless they are located or
guarded so as to render them inaccessible to unauthorized
persons and to prevent fire hazards, shall have all current-
carrying parts in enclosures of metal or other fire -resisting
material. R.S.O. 1960, c. 241, s. 490, amended.
Idem
(2) Manually-operable control devices shall be so con-
structed that they may be switched to the "off" position
without exposing live parts.
57
99
(3) Manually-operable control devices shall clearly indicate idem
the "on" and "off" positions. R.S.O. 1960, c. 241, s. 487 (1),
amended.
495. Control devices shall, if practicable, be so connected ^f°'^"®^**°'^
that the blades or moving contacts will be dead when the control
device is in the open position, R.S.O. 1960, c. 241, s. 485.
496. Control devices used in combination with overcurrent ^°^j*gg^
devices or overload devices for the control of circuits or ahead of
overcurrent
apparatus shall be connected so that the overcurrent or devices
overload devices will be dead when the control device is in the
open position. R.S.O. 1960, c. 241, s. 489, amended.
497. — (1) Disconnecting means of the visible-break type^^*|^^^®
shall be installed on all circuits operating at over 300 volts requirement
to ground and shall be as near as practicable to the point of
supply. R.S.O. 1960, c. 241, s. 493 (2), amended.
(2) Unless a control device on circuits over 300 volts makes idem
a visible break, there shall be installed between the control
device and its point of supply a suitable disconnecting switch.
R.S.O. 1960, c. 241, s. 493 (1).
498. — (1) On each ungrounded utilization system over 300 ^^''j^"**
volts, at least one suitable device shall be installed and main- detector
..,.. iri requirement
tamed for the purpose of mdicatmg ground faults.
(2) Such device shall be provided with, ^^^"^
(a) short-circuit protection; and
(b) disconnecting means.
(3) If the short-circuit device does not provide for visible- 1*^®"^
break isolation, additional visible-break isolating means shall
be provided.
(4) When a ground fault is indicated, it shall be located and ^^^'^
removed as soon as practicable. R.S.O. 1960, c. 241, s. 500,
amended.
499. Adequate illumination shall be provided to allow for 1'/"™*"^"°"
proper operation of electrical equipment. R.S.O. 1960, c. 241, equipment
c. 521, amended.
500. Where electrical equipment requires an attendant, ,^,^^ie^'^^y„
there shall be provided a separate emergency source of illumi-of ,
. ^. ' 1 I equipment
nation trom an mdependent generator, storage battery or other
suitable source. R.S.O. 1960, c. 241, s. 522, amended.
57
100
INSTALLATION OF EQUIPMENT
forking 501. Adequate clear working space with sccure footing shall
be provided about all electrical equipment. R.S.O. 1960,
c. 241, s. 507, amended.
Transformers
General 502. Transformers shall be of a type and design suitable
for the location in which they are to be installed. R.S.O.
1960, c. 241, s. 531 (1).
required^*^ 503, Each transformer shall be provided with a nameplate
for bearing the following markings:
transformers ° 00
1. Maker's name.
2. Rating in kva.
3. Rated full load temperature rise.
4. Primary and secondary voltage ratings.
5. Frequency in cycles per second.
6. Liquid capacity, if of the liquid-filled type.
7. Type of liquid to be used, if it is to be filled with an
approved liquid that will not burn in air. R.S.O.
1960, c. 241, s. 531 (2, 3), amended.
and^gu^rd- ^^^- Transformers having a voltage rating in excess of
transformers ^^^ volts and all transformers having exposed terminals,
including their conductors and control and protective devices,
shall be accessible only to authorized persons and, unless
isolated by elevation, they shall be surrounded by an en-
closure that, if of metal, shall be grounded, and suitable
warning signs indicating the highest potential employed
shall be conspicuously posted. R.S.O. 1960, c. 241, s. 532,
amended.
Special 505. — (1) Dry-core type transformers with Class A insula-
transformers . -r-ni-i- i-ii- i- r- • •
tion, it installed within a building not of nre-resisting construc-
tion, shall be in a fire-resisting enclosure.
Idem (2) Transformers containing an approved liquid that will
not burn in air and transformers of the dry-core type with
Class B or Class C insulation may be installed within or
attached to the wall of a building not of fire-resisting con-
struction, if they are surrounded by a suitable enclosure to
prevent mechanical injury and access by unauthorized persons.
R.S.O. 1960, c. 241, s. 533.
57
101
506.— (1) Oil-filled transformers installed outdoors shall J^i^^jJ^Jf^;.^ige^<*
be located not less than fifty feet distant from the shafthouse
or any combustible building attached thereto, and means
shall be provided to contain escaping oil or to direct the flow
away from such buildings.
(2) Oil-filled transformers shall not be mounted on or idem
above combustible roofs and, if attached to the exterior of a
building other than a transformer-house, shall be placed only
against non-combustible walls and away from all openings.
R.S.O. 1960, c. 241, s. 534 (1, 2).
(3) Transformer buildings containing oil-filled transform -^<^®"^
ers, if not entirely of fire-resisting construction, shall be
located at least fifty feet distant from any other combustible
building. R.S.O. 1960, c. 241, s. 535, amended.
(4) Oil-filled transformers, if within a building other than "^^^^
a transformer-house, shall be in a vault. R.S.O. 1960, c. 241,
s. 534 (3), amended.
(5) Transformers having their cores immersed in a liquid ^*^®™
that will not burn in air may be installed without a vault if,
(a) the transformer is protected from mechanical damage
either by location or guarding;
{b) a pressure relief vent is provided where the rating
exceeds 25 kva at 25 cycles or 373^ kva at 60 cycles;
and
(c) a means of absorbing gases generated by arcing inside
the case, or a pressure relief vent connected to out-
doors, is provided where the transformer is installed
in a poorly- ventilated section. New.
507. — (1) When primaries are above 750 volts, secondary instrument
circuits of current and potential transformers, unless other-
wise adequately protected from injury or contact with persons,
shall be in permanently-grounded conduit or armour. R.S.O.
1960, c. 241, s. 539, amended.
(2) Secondary circuits of current transformers shall be idem
provided with means for short-circuiting them that can be
readily connected while the primary is energized and that
are so arranged as to permit the removal of any instrument or
other device from the circuits without opening the circuits.
R.S.O. 1960, c. 241, s. 538.
508. Each transformer or each bank of transformers operat- Overcurrent
1111 • T-.r^i->^^^^ protection
ing as a unit shall have overcurrent protection. R.S.O. 1960, for
_o/ii C-7T ji transformers
c. 241, s. 537, amended.
57
102
Control and 509. — (1) Control and protective devices, complying with
requirements one of the following, shall be installed for all power and
distribution transformers:
1. Circuit-breakers of adequate interrupting capacity
and rating.
2. Fuses of adequate rating and interrupting capacity
preceded by suitable group -operated visible-break
load-interrupting devices capable of making and
interrupting their full load rating and that may be
closed with safety to the operator with a fault on the
system.
3. Fuses of adequate rating and interrupting capacity
preceded by a group -operated visible-break air-break
switch capable of interrupting the magnetizing
current of the transformer installation and that
may be closed with safety to the operator with a
fault on the system and so interlocked with the
transformer secondary load interrupters as to prevent
its operation under load.
Idem (2) Where the transformer rating does not exceed 100 kva
per phase and the potential between phases does not exceed
7,200 volts, a single-pole disconnecting fuse of adequate
interrupting capacity may be used on the primary. R.S.O.
1960, c. 241, s. 536, amended.
Switchboards and Switchgear
General 510. Panels of switchboards shall be of incombustible
material and shall be substantially supported on a metal
framework. R.S.O. 1960, c. 241, s. 523.
lUumination 511. Adequate illumination shajl be provided for reading
switchboards instruments and other operations. R.S.O. 1960, c. 241, s. 526.
8wi*t^hgear^ 512. Switchgear, if not of the dead-front or enclosed type,
and live parts on the rear of dead-front switchboards shall be
inaccessible to unauthorized persons. R.S.O. 1960, c. 241,
s. 528, amended.
^^earance 513. — (1) There shall be a space of not less than three feet
switchboard between equipment on the back of a fixed switchboard and
the nearest adjacent wall when such equipment is less than
seven feet from the floor.
and'^egress (^) Ready means for ingress and egress to the space behind
the switchboard shall be provided.
57
103
(3) Doors or gates of suitable material may be provided Doors, etc.
at such points for guarding-purposes but they shall be capable
of being readily opened from the inside without the use of a
key or tool.
(4) The space behind the switchboard shall be kept clear f^^®
of foreign material and shall not be used for storage purposes. ^^^^ '^^^^^
R.S.O. 1960, c. 241, s. 525, amended.
Transmission Lines
514. All electrical supply lines and equipment shall be of^®'^®^^^
suitable design and construction for the service and the con-
ditions under which they are to be operated, and all lines shall
be so installed and maintained as to reduce the life hazard
as far as practicable. R.S.O. 1960, c. 241, s. 540.
515. Conductors and other current-carrying parts of supply ^^*j|**^°°
lines shall be so arranged as to provide adequate clearance guarding
from the ground or other space generally accessible or shall be
provided with guards so as to isolate them effectively from
accidental contact of person. R.S.O. 1960, c. 241, s. 541.
516. Where conductors over 300 volts are attached to any Entrance^ ^
building for entrance, they shall be isolated by elevation or
guarded. R.S.O. 1960, c. 241, s. 542, amended.
517. — (1) Supply lines carried over railways operated by *^^®3,rance
steam, electric or other motive power and on which standard railways
equipment, such as freight cars, is used shall have the style
of construction and the clearances overhead as called for in the
regulations of the Board of Transport Commissioners for
Canada.
(2) Supply lines crossing over railways on which standard ^^^^
equipment is not used and lines crossing over roadways shall
have ample clearance for the operating conditions and shall
be substantially supported. R.S.O. 1960, c. 241, s. 543.
Storage batteries
518. Storage batteries shall be kept in inaccessible battery ^iocation
f , ^ , ^ , ■'of storage
rooms or enclosures used lor no other purpose where, batteries
(a) the aggregate capacity at the eight-hour discharge
rate exceeds five kilowatt hours; and
(b) the batteries are in unsealed jars or tanks. R.S.O.
1960, c. 241, s. 570, amended.
57
104
Ventilation
of
battery-
rooms
Idem
519. — (1) Storage battery rooms shall be thoroughly ven-
tilated.
(2) Adequate means shall be provided for sufficient diffusion
and ventilation of the gases from the battery to prevent the
accumulation of an explosive mixture. R.S.O. 1960, c. 241,
s. 571, amended.
Lightning Arresters
l^^tVL ti ^^^' ^^^^^ lightning arresters are installed in a building,
of lightning they shall be located well away from all equipment, other
than that which they protect, and from passageways and
combustible parts of buildings.
amended.
R.S.O. 1960, c. 241, s. 556,
521. Lightning arresters installed for the protection of
Location
of lightning
arresters utilization equipment.
(a) may be installed either inside or outside the building
or enclosure containing the equipment to be pro-
tected; and
{h) shall be isolated by elevation or guarded.
1960, c. 241, s. 558, amended.
R.S.O.
Grounding 522. — (1) All non-current-carrying parts of lightning arres-
ters shall be grounded, unless effectively isolated by elevation
or guarded as required for live parts of the voltage of the
circuit to which the arrester is connected. R.S.O. 1960, c. 241,
s. 557.
Idem
(2) Grounding conductors for lightning arresters on power
transmission systems shall be run as directly as possible
and be of low resistance and ample capacity. R.S.O. 1960,
c. 241, s. 560.
Idem
(3) In no case shall such grounding conductors be less
than No. 6 copper wire, nor shall such grounding conductors
pass through metal conduits unless electrically connected to
both ends of the conduits. R.S.O. 1960, c. 241, s. 561.
Control
required
Motors
523. — (1) All motors shall be provided with proper starting
equipment rated in horsepower and, for all motors up to
50 horsepower, except as provided for below, the motor and
its starting equipment shall be controlled by a motor-circuit
switch that will disconnect all ungrounded conductors of the
circuit, leaving the motor and entire starting equipment dead.
57
105
(2) An isolating switch or a general-use switch treated as an idem
isolating switch may be used for motors of more than 50 horse-
power. R.S.O. 1960, c. 241, s. 508.
524.— (1) For all motors up to 750 volts, the motor-circuit ff^J^^^j.^!
switch shall have a horsepower rating not less than that of the
motor it controls.
(2) Where a general-use switch or an isolating switch is^^^®"^
used for motors of more than 50 horsepower, it shall have a
rating not less than 115 per cent of the current rating of the
motor as shown on the nameplate and a minimum rating of
200 amperes. R.S.O. 1960, c. 241, s. 509.
525. In all cases, the motor-circuit switch, general-use ^^'|^^«"
switch or isolating switch shall be of the visible -break type, requirement
R.S.O. 1960, c. 241, s. 510.
526. One motor-circuit switch may serve a group of motors ||°^^®jjggj_
if the motors drive several parts of a single machine or ap- !'"« nxeansi
^ for a eroup
paratus. R.S.O. 1960, c. 241, s. 511. ofmotors
527. Manually -operated motor starters of the compensator ^*^^i*f"
type, having both a starting and running position, shall be so different
designed that they cannot remain in the starting position, running
R.S.O. 1960, c. 241, s. 513. ''°'"^°''
528. Motors shall be disconnected from the source of supply ^o^fage
in case of low voltage by one of the following means unless it pJ"®*® °g^°'^
is evident that no hazard will be incurred through the lack of
such disconnection:
1. Where automatic re -starting is liable to create a
hazard, the motor control device shall provide low-
voltage protection.
2. Where it is necessary or desirable that a motor stop
on failure or reduction of voltage and automatically
re-start on return of voltage, the motor control
device shall provide low-voltage release. R.S.O.
1960, c. 241, s. 514, amended.
529. Each motor shall be suitably protected against con- o^e^^oa'^^
tinuous overload. R.S.O. 1960, c. 241, s. 515, amended. required
CRANES
530. — (1) Crane collector wires shall be isolated by eleva- Guarding
tion and, where necessary, guarded. New. fsoiation
57
106
ingmeans*" ('^^ Suitable means that will disconnect, under load, all
ungrounded conductors of the circuit supplying a crane, as
defined in subsection 1 of section 401, shall be,
(a) provided within sight of the main contact conductors
or within sight of the equipment if there are no main
contact conductors; and
(b) accessible and operable from the ground or the floor
over which the equipment operates. R.S.O. 1960,
c. 241, s. 568, amended.
Switch
required
in cab
531. A circuit-breaker or switch, capable of interrupting
the circuit under heavy loads, shall be used unless the current
collector can be safely removed, under heavy loads, from the
crane collector wires. R.S.O. 1960, c. 241, s. 569, amended.
TROLLEY WIRES
Ouarding^_ n ^^^' '^^^lley lines shall be isolated by elevation and, where
necessary, guarded. R.S.O. 1960, c. 241, s. 573, amended.
Require-
ments for
trolley lines
underground
533. In underground workings, trolley lines shall,
(a) be isolated by an elevation of not less than six feet;
(Jb) operate at a potential not exceeding 300 volts to
ground ;
(c) be effectively guarded. R.S.O. 1960, c. 241, s. 574,
amended.
LIGHTING
Maximum
operating
voltage
534. The operating voltage of a lighting circuit shall not
exceed 300 volts and the voltage to ground of a conductor
shall not exceed 150 volts, but this section does not appy in
the case of electric locomotives and cranes using direct current.
R.S.O. 1960, c. 241, s. 564.
identification ^^^- ^^^ neutral conductor on lighting circuits shall be
identified by a white braid covering or other equivalent means.
R.S.O. 1960, c. 241, s. 565.
Portable
hand lamps
536. Portable lamps shall have their sockets enclosed in
suitably-insulated handles through which the conductors
shall be carried and shall have a protective cage that encloses
the lamp. R.S.O. 1960, c. 241, s. 563 (1), amended.
57
107
WIRING IN EXPLOSIVES AND BLASTING AGENTS STORAGES
537. All electrical wiring in explosives or blasting agents General
magazines, thaw houses, detonator or blasting cap storage
buildings, or cap and fuse houses, shall be installed in rigid
conduit with screwed water-tight joints or shall be armoured,
moisture-proof cable. R.S.O. 1960, c. 241, s. 544, amended.
538. All conduit, armour, fittings and fixtures shall be Grounding
permanently grounded. R.S.O, 1960, s. 241, s. 545.
539. The switches and fuses for lighting, heating or tele- of'controi
phone circuits for explosives or blasting agents niagazines, ^^^^^^^.^j^
thaw houses, detonator or blasting cap storage buildings and
cap and fuse houses shall be in a fire-resisting cabinet located
outside the compartment in which explosives, blasting agents,
fuses or detonators, or blasting caps, are stored. R.S.O.
1960, c. 241, s. 546, amended.
540. Lighting fixtures shall be of an approved dust-tight Type of
type. R.S.O. 1960, c. 241, s. 548. flituref
required
541. Lighting circuits shall be fused at not more than Fusing of
10 amperes. R.S.O. 1960, c. 241, s. 547. cSuitf
542. Circuits supplying power to explosives or blasting Lightning
agents storage shall be protected against lightning surges.
New.
543. Where explosives or blasting agents magazines or cap Type of
and fuse houses are heated electrically, a closed, liquid system required
shall be used. R.S.O. 1960, c. 241, s. 549, amended.
544. The electric heater shall be installed outside the com- Location
partment in which the explosives or blasting agents are stored,
and the heater and radiators shall be grounded. R.S.O.
1960, c. 241, s. 550, amended.
545. Heater circuits shall be fused at not more than^^^i^^^^
125 per cent of normal current. R.S.O. 1960, c. 241, s. 551. circuits
ELECTRIC BLASTING DEVICES
546. The firing device used for firing charges with elec- Construction
tricity from lighting or power cables shall be so arranged that,
(a) the switch mechanism will automatically return by
gravity to the open position;
57
108
(b) the live side of such device is installed in a fixed
locked box and shall be accessible only to the author-
ized blaster;
(c) provision is made that the leads to the face are
short-circuited when the contacts of the electric
blasting device are in the open position ;
(d) the box in which the electric blasting device and the
short-circuiting device are mounted is provided with
a lock and the door is so arranged that it cannot be
closed or locked unless the contacts of the electric
blasting device are open and the short-circuiting
device is in place;
(e) where electricity from 550-volt circuits is used for
blasting, the device shall be electro-magnetically
operated, except as provided in section 254. R.S.O.
1960, c. 241, s. 553.
Precautions
re instal-
lation of
blasting
cables
547. When blasting cables or wires are installed in the
vicinity of power or lighting cables, proper precautions shall
be taken to prevent the blasting cables or wires coming in
contact with the lighting or power cables. R.S.O. 1960, c. 241,
s. 554.
Circuits
not to be
grounded
548. Circuits having a grounded conductor shall not be
used for blasting. R.S.O. 1960, c. 241, s. 555.
ELECTRIC HOISTS
Qeneral
Braking
549. Sections 550 to 575 apply to all electric hoists regard-
less of the method of operation. New.
550. — (1) For each electric hoist, protective devices shall
be provided, which, in conjunction with the mechanical
braking system, shall be capable of bringing a conveyance or
counterbalance safely to rest under all conditions of authorized
loading, direction of travel and speed without assistance from
the drive.
Idem
(2) Where supplementary electrical braking is employed,
at least the same degree of safety shall be supplied. R.S.O.
1960, c. 241, s. 575, part, amended.
Safety
requirement
551. Except where otherwise specified, current-carrying
parts of any safety device shall be so designed, installed and
maintained that the failure of any such part will initiate emer-
gency braking action to bring the hoist safely to rest. R.S.O.
1960, c. 241, s. 575, part, amended.
57
109
552. Devices shall be installed in each hoisting compart- ^^^^J'j^Jj^j^^j?
ment that, in the event of an overwound conveyance or overwind
II 1 11 1 11- II I protection
counterbalance, shall be operated directly by the conveyance
or counterbalance to initiate an emergency stop and bring
the conveyance or counterbalance to rest safely before it or its
rope attachments reach any obstruction to its free passage.
R.S.O. 1960, c. 241, s. 575, part, amended.
553. Devices shall be installed for each hoisting compart- ^j.^^l^^j,^'*
ment that, in the event of an underwound conveyance or required
counterbalance, shall initiate an emergency stop and bring
the conveyance or counterbalance to rest safely before it or
its rope attachments reach any obstruction to its free passage,
except that, in the case of shaft sinking, inspection and
maintenance, the protection for an underwound conveyance
or counterbalance may be dispensed with. R.S.O. 1960,
c. 241, s. 575, part, amended.
554. Devices, driven from the operating drum or drums, ^^^f^^"^^
shall be installed, where the hoist operates at a rope speed of u'^^^eT^i'^** ,
1*60 iiir6in6nLS
750 feet per minute or greater, that, in the event of an over- for high-
wound or underwound conveyance or counterbalance, will
initiate an emergency stop and bring the conveyance or coun-
terbalance to rest safely before it or its rope attachments meet
any obstruction to its free passage, except that, in the case of
shaft sinking, inspection and maintenance, the protection for
an underwound conveyance or counterbalance may be dis-
pensed with. R.S.O. 1960, c. 241, s. 575, part, amended.
555. Each electric hoist shall have installed a device that °^®'"^p®®**
will initiate an emergency stop and bring the conveyance or
counterbalance to rest safely should the rope speed exceed the
authorized maximum by a predetermined amount. R.S.O.
1960, c. 241, s. 575, part, amended.
556. Devices, driven from the operating drum or drums. Enforced
shall be installed where the hoist operates at a rope speed of
750 feet per minute or greater, that will enforce any neces-
sary reduction in speed as the conveyance approaches the
end of travel. R.S.O. 1960, c. 241, s. 575, part, amended.
557. No person shall alter the adjustment of any protective Adjustment
device without proper authority. R.S.O. 1960, c. 241, s. 575, devices
part, amended.
558. — (1) /Where ore or waste dumps, loading boxes or interinediate
> Ml J • 11 1 • If . ^ . ° , , obstructions
spiU-doors are mstalled m a shaft or winze at points other than
the upper and lower limits of normal travel of a conveyance
57
110
and where any part of such dump box or door interferes with
the'free passage of a conveyance, there shall be installed,
(a) travel -limiting devices;
(b) travel-limiting devices as required by section 554,
where required;
(c) enforced slow-down devices as required by section
556, where applicable;
(d) positive locking devices for maintaining such ob-
structions out of the operating position in the shaft
or winze.
Idem
(2) The manager, or his agent, of a mine employing such
an intermediate obstruction shall provide a procedure to be
followed to ensure the safe operation of the installation.
Idem
(3) Before such an installation is made, plans and procedure
shall be submitted to the chief engineer for approval. R.S.O.
1960, c. 241, s. 575, part, amended.
requfred°" ^59. Emergency braking action shall be initiated to bring
electrical ^ conveyance or counterbalance to rest safely before it or its
system rope attachments reach any obstruction to its free passage
in the event of,
(a) the failure of the power supply to the hoist electric
system ;
(b) an overload on the hoist-drive motors of a magnitude
and duration exceeding what would be considered
an operating overload ; or
(c) a short-circuit on the hoist electric system. R.S.O.
1960, c. 241, s. 576, amended.
Backout
Idem
560. — (1) Every electric hoist shall have installed a device
to enable a conveyance or counterbalance to be removed
from an overwound or underwound position.
(2) Every such device shall be manually operable only.
R.S.O. 1960, c. 241, s. 577, amended.
Emergency
switch
561. A manually-operable switch shall be installed for each
electric hoist within reach of the manual controls that will,
when operated, initiate emergency braking action to bring the
conveyance or counterbalance safely to rest. R.S.O. 1960,
c. 241, s. 579, amended.
57
Ill
562. An underwind by-pass switch may be Installed, where underwind
necessary, that will allow the conveyance to be lowered switch*
through the underwind position if it is held in the closed
position by the hoistman and will return automatically to
the open position when not so held. R.S.O. 1960, c. 241,
s. 578.
563. Each electric hoist shall have installed, within plain Load meter
view of the manual controls, a meter that will indicate, at all '^®'^"^'"®
times, the hoist motor load. R.S.O. 1960, c. 241, s. 580,
amended.
564. — (1) Where men are transported in skips or the skips Man-safety
<• 1 • 1 i> 1 1 1 1 1 • 11 r 1 • 1 requirementa
of skip-cage assemblies, there shall be installed a device that
will prevent the conveyance, carrying the men, from entering
the dumping position.
(2) Except in shaft sinking, such device shall be so installed ^*^®'^
that, when it is put into operation, a distinctive signal will
be given, automatically, to men about to enter the conveyance.
(3) Such device is not required on electric hoists where idem
men are hoisted for shaft inspection or maintenance operations
only.
(4) Such device shall be put into operation, either manually idem
or automatically, when men are transported.
(5) In those cases where the device is automatically put idem
into operation by the hoistman's return of the 3-bell signal,
the circuit shall be so arranged that the failure of the relay
coils will not render the device inoperative. R.S.O. 1960,
c. 241, s. 581, amended.
565. Each electric hoist shall have installed a device Approach
whereby the hoistman is warned, audibly, that a conveyance signal
or counterbalance is about to enter the region where a reduc-
tion in speed is necessary for safe manual braking. R.S.O.
1960, c. 241, s. 582 (1), amended.
566. Sections 567 to 575 apply to all electric hoists that may Automatic
be operated automatically. New.
567. — (1) Every electric hoist shall have installed, only in Selection of
the same location as the manual controls, a device for the automatic
change-over from manual to automatic control. control
(2) Such device shall be operated by authorized personnel !<*«"'»
only. New.
57
112
Level or
cage control
568. Where an electric hoist is designed to be operated from
control stations on the levels or from a control station on the
conveyance, any device used to effect the changeover of
control shall be operable only at the level at which a convey-
ance is stopped. New.
Operation
of level-
installed
controls
569. — (1) Devices installed on the levels for the purpose of
selecting the conveyance destination and for initiating hoist
motion shall be operable only when the conveyance is stopped
at that level, except where the installation has been approved
for call operation.
idein (2) There shall be a minimum delay of five seconds between
the operation of the level control device used to initiate hoist
motion and the actual motion when men are being handled.
Idem
(3) The level control device used to initiate hoist motion
shall be so located that it may be operated by someone in the
conveyance stopped at that level.
Idem
(4) Devices installed on the levels for the purpose of
initiating hoist motion shall, except for jogging, be operable
only when the shaft gate at the level at which the conveyance
is stopped is in the closed position. New.
Operation
of cage-
installed
control
570. — (1) Devices installed in a conveyance for the purpose
of controlling hoist motion shall, except for jogging, be oper-
able only when the cage door is in the closed position.
Idem
(2) Where devices are installed in a conveyance for the
purpose of controlling hoist motion, one of the devices shall
be capable of initiating emergency braking action to bring the
conveyance safely to rest. New.
Friction
hoists
571.
New.
Sections 572 to 575 apply to all electric friction hoists.
Jammed
conveyance
device ■
572. Each electric friction hoist shall have installed a device
that will initiate emergency braking action to bring the drum
to rest in the event of the occurrence of slip between the
hoisting rope or ropes and the hoist drum, such as might occur
with a conveyance or counterbalance jammed in the shaft or
caught at the end of travel. New.
Synchro-
nizing
device
573. Where creep or slip may alter the effective position of
safety devices, a means of synchronizing the safety devices
with the position of the conveyance in the shaft shall be
provided. New.
57
113
574. If the electrical engineer deems it necessary, he may, spedai
after consultation with the manager, conduct or require to be
conducted specific tests of the efficiency of all electric over-
wind and underwind devices, signalling and warning devices
and hoisting controls and equipment. R.S.O. 1960, c. 241,
s. 583.
575. — (1) The owner or manager of a mine where an electric Electrical
.... 1111 liOisting
hoist IS in use shall depute some competent person or persons Equipment
whose duty it is to examine at least once in each week the
hoist motor and control apparatus, electric safety devices and
hoisting signalling equipment.
(2) The report of such examination shall be recorded as idem
provided in subsection 3.
(3) The owner or manager shall keep or cause to be kept idem
at the mine for each hoist a book called the Electrical Hoisting
Equipment Record Book in which shall be recorded a report
of every such examination and a notation of any failure or
accident to such equipment and the action taken regarding
it, signed by the person making the examination.
(4) Such entries of the weekly examination shall be read idem
and signed every week by the person in charge of such equip-
ment or accessories thereto.
(5) A notation of the action taken regarding the report idem
of any failure or accident to any part of the electrical equip-
ment used in connection with the hoist or the signalling
equipment shall be made over the signature of the person in
charge of such equipment or accessories thereto.
(6) The Electrical Hoisting Equipment Record Book shall ^^^"^
be made available to the engineer at all times. R.S.O. 1960,
c. 241, s. 584.
UNDERGROUND INSTALLATIONS
576. The provisions of this Part that apply to surface General
installations apply equally to underground installations,
except sections 577 to 594, which apply only to underground
installations. R.S.O. 1960, c. 241, s. 585.
577. — (1) Where electrical energy is taken underground, ^°^*^°];^j°Jj^jj
provision shall be made so that the current may be cut off on feeders
the surface. R.S.O. 1960, c. 241, s. 588 (1).
(2) The control device shall be accessible to authorized ®™
persons only. R.S.O. 1960, c. 241, s. 588 (2), amended.
57
114
Wiring
methods
578. — (1) Conductors for all circuits not over 150 volts
to ground shall either be installed in standard conduits,
armoured or have non-flammable jackets and be adequately
supported. R.S.O. 1960, c. 241, s. 592 (1), amended.
Idem
Idem
(2) All fixed conductors transmitting power underground
at over 150 volts to ground shall be armoured or enclosed in
standard conduit and substantially supported. R.S.O. 1960,
c. 241, s. 592 (2).
(3) Open -type wiring shall not be used except in cases
of extreme emergency. R.S.O. 1960, c. 241, s. 592 (3),
amended.
Cable test
required
579. All new cables purchased for the transmission of
power underground at a potential in excess of 750 volts shall
be accompanied by the manufacturer's certified report of
insulation tests, a copy of which shall be filed with the chief
engineer. R.S.O. 1960, c. 241, s. 595.
Cable
rating
580. — (1) All cables transmitting power underground at a
potential exceeding 750 volts shall have a voltage rating of
50 per cent higher than the normal operating voltage. R.S.O.
1960, c. 241, s. 596 (1).
Idem
(2) Cable of standard rating for the normal operating
voltage may be used where the cable is supplied through a
circuit-breaker from a circuit where the neutral point is
grounded in such a manner as to.
(a) limit fault current; and
(6) limit the possible rise of fault potential on any
connected equipment to a maximum of 100 volts,
and where ground fault protection is provided,
c. 241, s. 596 (2), amended.
R.S.O. 1960,
requirements ^^^- The armouring or casings of all cables shall be bonded
together so as to be electrically continuous and shall be con-
nected at some point or points to a satisfactory ground on
surface. R.S.O. 1960, c. 241, s. 593.
Adequate
grounding
for
equipment
582. Where the armouring or casings of cables do not
provide an adequate grounding system for underground elec-
trical equipment, a copper or other non-corrosive grounding
conductor of adequate size shall be run from such equipment
to a satisfactory ground on surface. R.S.O. 1960, c. 241,
s. 594.
57
115
583. Suitable terminating facilities shall be provided to Terminating
protect cables from harm due to moisture or mechanical
damage. R.S.O. 1960, c. 241, s. 597, amended.
584. Junction boxes on a cable transmitting power at a ?^°j^°^^^*>jj^ o^
potential exceeding 300 volts shall not be located in a shaft boxes
or winze or attached to any timbers at a shaft or winze station
or headframe. R.S.O. 1960, c. 241, s. 600.
585. Splices shall not be made in shaft or winze conductors Approval
unless approved by the electrical engineer. R.S.O. 1960,
c. 241, s. 601, amended.
586. Adequate precautions shall be taken to prevent signal ^gn^ai'^and °^
telephc
cables
and telephone cables coming into contact with other electric *®'^P^°"®
systems. R.S.O. 1960, c. 241, s. 598, amended.
587. The operating voltage on signal systems shall not^ft^'^^o?
exceed 150 volts to ground. R.S.O. 1960, c. 241, s. 589. ffs£n
588. — (1) One conductor of the two-wire signal circuit ^j.^'^j^^^j^s
shall be grounded where the power supply is obtained from a system
transformer having a primary voltage in excess of 750 volts.
(2) The signal system may be operated with both con- idem
ductors ungrounded when the supply is from a transformer
having a primary voltage in excess of 750 volts, if an insulating
transformer having a 1-to-l ratio is installed between the
supply and the signal system. R.S.O. 1960, c. 241, s. 590.
589. Where an electrical hoisting-signal system is installed ^g^^^*^*®
at a shaft or winze, there shall be a suitable, separate, audible ^<''"®^<^^
' . .^ conveyance
signal system for the control of each hoisting conveyance
operated from a single hoist and there shall be a sufficient
difference in the sounds of the signals to the hoistman that
they are easily distinguishable and it shall be so arranged
that the hoistman can return the signal to the person giving
the signal. R.S.O. 1960, c. 241, s. 591.
590. The type and location of transformers installed under- J^^%^
ground are subject to the approval of the electrical engineer, type and
Ro /^ *nyr^ \^,A y^^ location
.S.O. 1960, c. 241, s. 602.
591. — (1) All transformers over 2 leva, unless insulated forn^ei-s and
with non-flammable dielectric liquids or Class B or Class C rooms^'^'"®'^
insulation, when installed underground, shall be effectively
isolated from the mine workings by enclosure in rooms con-
structed of fire -resisting materials throughout and a door sill
of not less than six inches in height shall be provided.
57
116
Idem (2) No material or equipment of any kind, including air
lines, air ducts, water and steam lines, shall pass through or
terminate within the room, other than that essential to the
transformer installation for its proper operation and safety.
Idem (3) The covers of the ventilation openings shall be held
open by thermal fuse links and shall close by gravity, and the
door shall be constructed of steel or other suitable material.
Idem (4) No transformer station shall be located within 200 feet
of an explosives or blasting agents storage. R.S.O. 1960,
c. 241, s. 603.
Fire ^^. ^ 592, — (1) The supports for electric motors, transformers,
underground control and protective equipment and other electric apparatus
and the compartments in which they are installed shall be of
such material and constructed in such a manner as to reduce
the fire hazard to a minimum. R.S.O. 1960, c. 241, s. 586 (1),
amended.
Electric
heaters
Idem (2) No flammable material shall be stored or placed in the
same compartment with any such equipment or apparatus.
R.S.O. 1960, c. 241, s. 586 (2).
593. Where lamps or heating units are used underground,
they shall be so installed and protected as to prevent the
heat generated from becoming a fire hazard. R.S.O. 1960,
c. 241, s. 604, amended.
Fire- 594. — (1) Approved fire-extinguishing devices for use on
devices electrical fires shall be provided and maintained in condition
for immediate use.
Idem
(2) They shall be conveniently mounted at or in every
place containing electrical apparatus having flammable insu-
lation or parts that, once ignited, may support combustion.
R.S.O. 1960, c. 241, s. 587.
GENERAL
Wilful
damage to
property
595. No person shall wilfully damage or, without proper
authority, remove or render useless any fencing, casing, lining,
guide, means of signalling, signal, cover, chain, flange, horn,
brake, indicator, ladder, platform, steam gauge, water gauge,
safety valve, electrical equipment, fire -fighting equipment,
first-aid equipment or other appliance or thing provided in a
mine in compliance with this Act. R.S.O. 1960, c. 241, s. 605.
Persons 596. No person under the influence of or carrying intoxi-
under the . ,. ^ , ,, . , • , -^ . . r
influence eating liquor shall enter a mine or be m the proximity oi a
carrying working place on the surface or near machinery in motion,
liquor R^S.O. 1960, c. 241, s. 606.
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117
597. Abstracts of the provisions of tliis Act, authorized ^'^^*'"^*'*^
by the chief engineer, shall be posted up in suitable places pasted
at the mine or works where they can be conveniently read,
and the owner or agent of the mine shall maintain such ab-
stracts duly posted, and the removal or destruction of any of
them is an offence against this Act. R.S.O. 1960, c. 241, s. 607.
598. The Minister may prescribe the charge to be made charges
for any record or log book required under this Part. R.S.O.
1960, c. 241, s. 608.
TESTING LABORATORIES
599. The Minister may, out of the moneys that are appro-Testing
Ifibor3.t/OriQS
priated for the purpose, establish, maintain and operate one
or more laboratories for the purpose of testing or examining
hoisting ropes or other appliances used in or about a mine and,
by regulations made by the Lieutenant Governor in Council,
may provide for,
(a) the management and operation of such laboratory
or laboratories;
(b) the charges to be paid for services performed in such
laboratory or laboratories ;
(c) such other purposes as the Lieutenant Governor in
Council deems proper. R.S.O. 1960, c. 241, s. 609.
PARTY WALLS
600. — (1) Subject to section 197 and except by agreement Boundary
J , . - . . . 1 ,1 I • 1 operations
under subsection 3, no mining operations shall be carried on
within a distance from the property boundary of a mine or
mining property of twice the width or thickness of the orebody
at the boundary, measured parallel to the boundary from
foot wall to hanging wall and normal to the dip, and in no
event shall mining operations be carried on within a distance
of twenty feet from the boundary measured from the perpen-
dicular to the boundary,
(a) except that, for the purposes of preliminary investi-
gation, development headings may be advanced to
twenty feet from the boundary; and
(b) except that exploratory diamond drilling may be
done.
(2) Subsection 1 does not apply to operations at sand,^p°J|[p^^jQj^
gravel or clay pits or open-cast rock quarries.
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118
Agreement (3) Adjoining owners may, by agreement in writing signed
owners by them, carry on mining operations within the distances
from the property boundary mentioned in subsection 1.
Certified
copies to
Minister
(4) Two certified copies of every such agreement shall be
sent to the Minister and shall take effect upon written acknowl-
edgement of receipt of the agreement by the Minister. R.S.O.
1960, c. 241, s. 610.
Disagree-
ment on
boundary
operations
601. — (1) Where adjoining owners are unable to agree to
carry on mining operations within the distances from the
property boundary mentioned in subsection 1, application
may be made to the Minister by either owner requesting the
appointment of a committee to investigate in what manner
and within what distances from the boundary mining opera-
tions may be carried on.
Appoint-
ment of
committee
(2) Upon receipt of an application under subsection 1, the
Minister may appoint a committee of three disinterested
persons, one of whom shall be designated chairman, who are
competent to investigate mining conditions at the boundary.
Duty of
committee
(3) The committee so appointed shall hear representations
from the adjoining owners and conduct such investigation of
mining conditions on the adjoining mining properties as may
be necessary at a time or times named by the Minister.
Report of
committee
(4) Upon completion of their investigation, the committee
shall forthwith submit a report in writing to the Minister with
recommendations concerning terms and conditions of mining
operations at the boundary.
Order of
Minister
(5) Upon receipt of the report of the committee, the
Minister may issue an order establishing the terms and con-
ditions to be observed in mining operations at the boundary
and shall fix the costs of the committee to the adjoining
owners. R.S.O. 1960, c. 241, s. 611.
Suspected
breach or
trespass of
party wall
602. — (1) Where the owner of a mine or mining property
has reason to believe that a breach has been made in or a
trespass has been committed with respect to the party wall
between his mine or mining property and an adjoining mine
or mining property, application may be made to the Minister
by the owner for the appointment of a committee to examine
the party wall and enter the adjoining mines or mining prop-
erties with an assistant or assistants and use where necessary
the workings and appliances thereof.
Appoint-
ment of
committee
(2) Upon receipt of an application under subsection 1, the
Minister may appoint a committee of three disinterested
persons, one of whom shall be designated chairman, who are
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119
competent to conduct such examination of the party wall as
may be necessary.
(3) The committee so appointed shall conduct such exami- ^^^jf/^. ^
nation of the party wall as may be necessary at a time or
times named by the Minister.
(4) Upon completion of the examination, the committee Report of
shall forthwith submit a report of its findings in writing to
the Minister.
(5) Upon receipt of the report of the committee, the Costs
Minister shall fix the costs of the committee to one or both
owners.
(6) Where a breach has been made in a party wall of a mine ^^'^^^^ °[i
by the owner of an adjoining mine, or by his employees or
agents, without the permission in writing of the owner of the
first -mentioned mine or without authority under this Act, the
Minister may make an order directing the offending owner
to close the breach permanently or to carry out such measures
as the Minister deems necessary to prevent water from flowing
into the mine of the owner complaining of the breach.
(7) Where work has been discontinued in the mine of the^^^^*®'"
offending owner or where expedient for any other reason, the authorize
Minister may authorize the owner complaining of the breach,
his employees or agents, to enter the mine and works of the
offending owner to erect bulkheads and carry out such meas-
ures as the Minister deems necessary to protect from damage
the mine of the owner complaining of the breach and his
employees and agents from danger from accumulations of
water in the mine of the offending owner. R.S.O. 1960, c. 241,
s. 612.
603. For good cause shown and upon such terms as seem Minister
just, the Mmister may vary or rescmd an order made under rescind order
section 601 or 602. R.S.O. 1960, c. 241, s. 613.
BRINE WELLS
604.— (1) In this section, interpre-
' tation
(a) "brine well" means a hole or opening in the ground
for use in brining;
(6) "brining" means the extraction of salt in solution by
any method.
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120
Permit to
bore or
drill a
brine well
(2) No person shall drill or bore a brine well except under
the authority of a permit in writing issued by the Minister
upon application therefor in the prescribed form.
Permits
not issued
(3) A permit shall not be issued,
(a) to authorize a person to drill or bore a brine well on
property in which he does not own, hold or lease, or
is not otherwise entitled to, the mining rights; or
(b) where the proposed brine well is nearer the boundary
of such property than 500 feet.
Location of
brine well
(4) The chief engineer may reduce or extend the distance
referred to in clause b of subsection 3 where in his opinion it
is advisable to do so and shall notify the applicant of any such
reduction or extension within thirty days from the date upon
which the application for the permit is filed.
Condition
of permit
(5) A permit is subject to the condition that the brine well
in respect of which it is issued is bored or drilled in the location
described in the permit.
Time for
Issuance
of permit
(6) A permit shall be issued or refused within thirty days
from the date on which the application therefor is filed, except
that, where notice has been given by the chief engineer under
subsection 4, the permit shall be issued upon the receipt by
the Minister of the applicant's consent thereto.
Log of
drilling
operations
(7) Where a person drills or bores a brine well, he shall
forward a log of the drilling or boring in the prescribed form
in duplicate to the chief engineer within thirty days of the
completion of the drilling or boring operations, and, upon his
request in writing, the log shall be confidential for a period of
six months.
of water°" ^^^ ^ person boring or drilling a brine well shall take such
horizons reasonable measures as are necessary to control the infiltration
of water from one horizon to any other horizon that may be
penetrated during the drilling or boring operations.
of dSSt's (9) All brine wells shall be cased and equipped so as to
reasonably ensure against the uncontrolled flow of oil, natural
brine or water.
standard
of casing
and equip-
ment
gas,
(10) Casing and equipment shall be in good condition and
of a thickness and strength adequate to withstand any fluid
pressure to which they might normally be subjected.
57
121
(11) Where practicable, all brine wells shall be Plugged P^^^I^^SgO^
by the person operating them, before being abandoned, in aweiis
manner that will,
(a) reasonably ensure that salt horizons and potential
oil or natural gas producing horizons are protected;
and
(b) retain water and brine in their original formations.
(12) Before commencing to plug a brine well, the person ^^.^port^of
proposing to carry out the plugging operations shall report plugging
the particulars thereof to the chief engineer in the prescribed
(13) Where a person plugs a brine well, he shall forward ^j^'^^g'j^"^
a record of the plugging in the prescribed form in duplicate opei"a^*^on8
to the chief engineer within thirty days of the completion of
the plugging operations. R.S.O. 1960, c. 241, s. 614.
NOTICE OF NON-FATAL ACCIDENTS
605. Where, in or about a mine, metallurgical works, ^^[^"g®^^^
quarry, or a sand, clay or gravel pit, an accident occurs that
causes fracture or dislocation of any bones of the body, or
any other injury that in the opinion of the attending physician
may result in the injured person being incapacitated for work
for at least five days, to a person employed therein, the
owner, agent, manager or superintendent shall within three
days of the accident send notice in writing to the engineer
resident in that part of Ontario in which the mine, works,
quarry or pit is situate on the form prescribed for such purpose.
R.S.O. 1960, c. 241, s. 615.
NOTICE OF SPECIAL OCCURRENCES
606. — (1) Where in or about a mine, ^'^®™
(a) an accident involving the hoist, sheaves, hoisting
rope, shaft or winze conveyance, or shaft or winze
timbering;
(6) an explosion or fire involving an air compressor, air
receiver or compressed air line;
(c) an inrush of water from old workings or otherwise;
(d) a failure of an underground dam or bulkhead, as
defined by subsection 1 of section 202;
57
122
(e) an outbreak of fire below ground or an outbreak of
fire above ground if it endangers any structure of
the mine plant;
(/) a premature or unexpected explosion or ignition of
explosives or blasting agents;
(g) an asphyxiation effecting a partial or total loss of
physical control;
(h) a flammable gas in the mine workings; or
(i) an unexpected and non-controlled extensive sub-
sidence or caving of mine workings,
occurs, whether or not loss of life or personal injury is caused
thereby, the owner, agent, manager or superintendent of the
mine shall, within the twenty-four hours next after the occur-
rence, send notice in writing in duplicate to the district engi-
neer resident in that part of Ontario in which the mine is
situate and shall furnish, upon request, such particulars in
respect thereof as the engineer requires.
Notice of
occurrence
of fire and
Heed of li
rescue
equipment
(2) Where in or about a mine an outbreak of fire occurs
that endangers the health or safety of one or more persons
and the services of the mine rescue stations are required, the
owner, agent, manager or superintendent shall immediately
notify the rescue station superintendent and the district
engineer resident in that part of Ontario in which the mine
is situate.
Rockburst (3) Where a rockburst occurs, whether or not loss of life
or personal injury is caused thereby, and its location is
determined as being within the workings of a mine, the
owner, agent, manager or superintendent of the mine shall,
within the twenty-four hours next after the location of the
burst has been determined, send notice in writing to the
district engineer resident in that part of Ontario in which
the mine is situate and shall furnish, upon request, such par-
ticulars with respect thereto as the engineer requires.
Record of
rockbursts
(4) A record of the occurrence of all rockbursts at a mine
shall be kept, showing, as far as possible, the time, location,
extent of the burst, any injury to persons and any other
information pertaining to the burst, and such record shall be
available to the engineer at all times. R.S.O. 1960, c. 241,
s. 616.
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123
OTHER NOTICES AND INFORMATION
607. — (1) The owner or agent shall give or cause the written
manager or superintendent of a mine to give written notice owner or^
to the chief engineer and to the district engineer resident in^^®'^*
that part of Ontario in which the mine is situate,
(a) of the intended installation of a mine hoisting plant,
power plant or treatment plant under the jurisdiction
of the Department and the name and address of
the person in charge of the operation at least fourteen
days prior to the commencement of work on such
installation, and the notice shall also give the lot,
concession and township or claim numbers on which
operations are to commence and the specifications
and layout of the plant;
(b) of the connection or reconnection of any mining
electrical equipment with a source of electrical
energy controlled by any other person at least
fourteen days prior to the connection or reconnection;
(c) of the commencement or resumption, after an inter-
ruption of one month or more, of mining operations
within fourteen days after the commencement or
resumption; and
(d) of the closing down of the mine and that,
(i) the requirements of subsection 1 of section 168
as to the fencing of the top of the shaft,
entrances from the surface, pits and openings,
(ii) the requirements of section 225 as to the
disposal of explosives and blasting agents,
(iii) the requirements of section 374 as to the
abandonment of a shaft compartment for
hoisting purposes and as to the removal and
disposition of hoisting ropes,
(iv) the requirements of section 456 as to the
disconnection of the supply station from the
power source and notification of same to the
chief engineer, and
(v) the requirements of subsections 7 and 8 of
section 609 as to the filing of plans and
sections,
have been complied with within fourteen days of
the closing down.
57
124
Information
for engineer
(2) The owner, manager or superintendent of a mine shall
furnish to the engineer resident in that part of Ontario in
which the mine is situate all information that the engineer
requires for the purposes of his returns. R.S.O. 1960, c. 241,
s. 617.
STATISTICAL RETURNS
Statistical 508. — (1) For the purpose of their tabulation under the
instructions of the Minister, the owner or agent of every
mine, quarry or other works to which this Act applies shall,
on or before the 31st day of March in every year, send to the
Department on the forms supplied a correct return for the
year that ended on the 31st day of December next preceding,
showing the number of persons ordinarily employed below
and above ground respectively, the total amount of wages
paid during the year, the quantity in standard weight of the
minerals dressed and of the undressed mineral that has
been sold, treated or used during such year, and the value
or estimated value thereof, and such other particulars as the
Minister by regulation prescribes.
quarterly*"^ (2) The owner or agent of every metalliferous mine shall,
returns if required, make a similar return for the month or quarter
at the end of each month or quarter of the calendar year.
Offence
(3) Every owner or agent of a mine, quarry or other works
who fails to comply with this section, or makes a return
that is to his knowledge false in any particular, is guilty of
an offence against this Act. R.S.O. 1960, c. 241, s. 618.
MINE PLANS
Plans to
be kept
609. — (1) At every mine, the owner or manager shall
cause the following plans on a scale acceptable to the chief
engineer to be kept up to a date not more than six months
last past:
1. A surface plan showing the boundaries of the prop-
erty, all lakes, streams, roads, railways, electric
power transmission lines, main pipe lines, buildings,
shaft openings, adits, open surface workings, dia-
mond-drill holes, outcroppings of rock, and dumps
and tailing-disposal sites.
2. Underground plans of each level and section showing
all underground workings, including shafts and
tunnels, diamond-drill holes, dams and bulkheads,
and each level plan shall be shown on a separate
drawing.
57
125
3, Vertical mine sections at suitable intervals and at
suitable azimuths, showing all shafts, tunnels, drifts,
stopes and other mine workings in relation to the
surface, including the location of the top of the bed-
rock, surface of the overburden and the bottom and
surface of any known watercourse or body of water,
and each section shall be shown on a separate
drawing.
4. Adequate ventilation plans, showing the direction
and volume of the main air currents, the location of
permanent fans, ventilation doors and stoppings, and
connections with adjacent mines.
(2) The owner or manager of every mine in which electricity idem
is used underground shall keep or cause to be kept up to a
date not more than six months last past an adequate plan or
diagram showing on a suitable scale the following information:
1. The position of all fixed electrical apparatus in the
mine.
2. The routes of all fixed power feeders and fixed
branch feeders properly noted and referenced.
3. The rating of all electrical feeder control apparatus
and equipment.
(3) Such plans or diagrams shall be available to the engineer idem
at all times and copies of the plans or diagrams shall be
furnished him upon request.
(4) On any examination or inspection of a mine, the owner, Marking
• 1 . 11 T -1 1 1 subsequent
manager or supermtendent shall, it required, produce to the progress
engineer or other person authorized by the Minister or the^*^^
Deputy Minister all plans and sections of the workings re-
ferred to in subsections 1, 2 and 3.
(5) The owner, manager or superintendent shall, if required ^^^^
by the engineer or other person authorized by the Minister
or Deputy Minister, cause to be marked on such plans and
sections the progress of the mine up to the time of the exami-
nation or inspection, and shall furnish him with a copy or
tracing thereof.
(6) Certified copies of the plans required by paragraph 2 of ww-king
subsection 1 and mine sections showing all shafts as required bi' fl1|d°
by paragraph 3 of subsection 1 shall be made and filed in the
Department on or before the 31st day of March in each year,
showing the workings of the mine up to and including the
31st day of December next preceding.
57
126
Plans to
be filed
before
abandon-
ment
(7) Before a mine or a part of a mine is abandoned, closed
down or otherwise rendered inaccessible, all underground
plans and sections referred to in paragraphs 2 and 3 of sub-
section 1 shall be brought up to date and a certified copy filed
in the Department.
Idem
(8) Before work at a mine ceases, the surface plan referred
to in paragraph 1 of subsection 1 showing all openings to
underground workings shall be brought up to date and a
certified copy filed in the Department.
Responsi-
bility of
owner
(9) The owner of every mine, quarry or other works to
which this section applies is responsible for compliance with
the provisions thereof, and every owner or other person who
fails to comply with any of the provisions of this section,
or who produces to an engineer or other authorized person,
or files or causes to be produced or filed, a plan that to his
knowledge is false in any particular is guilty of an offence
against this Act.
Plans to be
treated as
confidential
(10) Every such plan shall be treated as confidential infor-
mation for the use of the officers of the Department and shall
not be exhibited, nor shall any information contained therein
be imparted to any person except with the written permission
of the owner or agent of the mine. R.S.O. 1960, c. 241, s. 619.
Powers of
engineer
POWERS AND DUTIES OF ENGINEERS
610. — (1) It is the duty of the engineer and he has power,
(a) to make such examination and inquiry as he deems
necessary to ascertain whether this Act is complied
with, and to give notice to the owner or agent in
writing of any particulars in which he considers the
mine or any part thereof, or any matter, thing or
practice, to be dangerous or defective or contrary to
this Act, and to require the same to be remedied
within the time named in the notice;
(b) to enter, inspect and examine any mine or any part
thereof at any reasonable time by day or night,
but so as not to unnecessarily impede or obstruct
the working of the mine;
(c) to order the immediate cessation of work in and
the departure of all persons from any mine or part
thereof that he considers unsafe, or to allow persons
to continue to work therein on such precautions
being taken as he deems necessary; and
57
127
(d) to exercise such other powers as he deems necessary
for ensuring the health and safety of miners and all
other persons employed in or about mines, smelters,
and metallurgical and mining works.
(2) It is the duty of the engineer to make a report of every Reports of
examination and inquiry made in the course of his duty during
the year to the Minister, the Deputy Minister or the chief
engineer, as required by the circumstances, immediately upon
the completion of the examination or inquiry. R.S.O. 1960,
c. 241, s. 620.
611. — (1) The Minister may direct an engineer to make^Pf^^*'
a special report with respect to any accident in or about a
mine that has caused the loss of life or injury to any person,
or with respect to any condition in or about a mine.
(2) In conducting the inquiry, the engineer has power to Engineer'
compel the attendance of witnesses and the production of evidence
books, documents and things, and to take evidence upon oath.
R.S.O. 1960, c. 241, s. 621.
612. — (1) Non-compliance with a written order of the^*^®""®
engineer issued in accordance with section 610 shall be deemed
an offence against this Part.
(2) Failure to give written notice of the completion of any idem
work in accordance with a written order of the engineer
issued under section 610 shall be deemed an offence against
this Part. R.S.O. 1960, c. 241, s. 622.
Part X
REFINERY PROVISIONS
613. In this Part, "refinery" means apparatus or equip- J^j'^j®''p''«"
ment that may be used for the refining, retorting, smelting,
assaying or treating by any other method of any ore, mineral
or substance for the purpose of recovering or determining the
quantity of gold, platinum, silver or any other precious metal
therefrom or therein. R.S.O. 1960, c. 241, s. 623.
614. No person shall own, operate, use or have a refinery Refinery
in his possession, under his control or upon any property of
which he is the owner, licensee, lessee or tenant unless a
refinery licence has been granted in respect of such refinery,
except that no refinery licence shall be required in respect of a
refinery for which a certificate of exemption has been issued.
R.S.O. 1960, c. 241, s. 624.
57
128
Mffier L 615.-(1) The Minister may,
to refinery
licences ^^^ issue and renew refinery licences and certificates of
exemption ;
(b) refuse to issue or renew a refinery licence or certificate
of exemption, or suspend, cancel or revoke a refinery
licence or certificate of exemption for any reason that
he deems sufficient in the public interest ;
(c) prescribe the forms of refinery licences, certificates
of exemption, applications therefor and renewals
thereof; and
(d) prescribe the fee payable upon the issue and renewal
of refinery licences and certificates of exemption.
Term of (2) Every refinery licence and certificate of exemption
certificate expires on the 31st day of March next following the issue
of exemption ^jjgj-gQf a.nd every renewal of a refinery licence or certificate
of exemption expires on the 31st day of March next following
the expiration of the refinery licence or certificate of exemption
or the last renewal thereof. R.S.O. 1960, c. 241, s. 625.
Use of
refinery
Certificate 616. — (1) A certificate of exemption may be issued in
of exemption ^ ' '^ . _ ,
respect of a refinery where the Mmister is satisfied that the
refinery is not maintained or used for the refining, retorting,
smelting, assaying or treating of any ore, mineral or substance
for the purpose of recovering or determining the quantity of
gold, platinum, silver or any other precious metal therefrom or
therein or is used only for educational purposes.
(2) No person who owns or has in his possession, under
his control or upon any property of which he is the owner,
licensee, lessee or tenant a refinery in respect of which a certifi-
cate of exemption has been issued shall permit the refinery
to be operated or used nor shall he or any other person operate
or use the refinery for the refining, retorting, smelting, assay-
ing or treating of any ore, mineral or substance for the purpose
of recovering or determining the quantity of gold, platinum,
silver or any other precious metal therefrom or therein. R.S.O.
1960, c. 241, s. 626.
617. Every person who contravenes any of the provisions
of this Part is guilty of an offence and is liable to a fine of not
less than $10 and not more than $500 or to imprisonment for
a term of not more than one year, or to both fine and imprison-
ment. R.S.O. 1960, c. 241, s. 627.
Application 618. This Part applies notwithstanding that the owner
or operator of a refinery is the holder of a licence issued under
any Act. R.S.O. 1960, c. 241, s. 628.
Offence
57
129
619. The Minister may appoint any person to conduct an commission
, ^^ 1 • 1 1 of inquiry
inquiry into any charge or complaint that a person has contra-
vened any of the provisions of this Part, or into any matter
or thing connected with or arising out of the operation of this
Part, and such person has the same power to enforce the
attendance of witnesses and to compel them to give evi-
dence and produce documents and things as is vested in any
court in civil cases. R.S.O. 1960, c. 241, s. 629.
Part XI
OFFENCES, PENALTIES AND PROSECUTIONS
620. — (1) Every person who, offences
(a) prospects, occupies or works any Crown lands or
mining rights for minerals otherwise than in accord-
ance with this Act;
(b) performs or causes to be performed on any Crown
lands, or on any lands where the mining rights are
in the Crown, any boring by diamond or other core
drill for the purpose of locating valuable mineral in
place, except where such Crown lands or mining
rights have been staked out and recorded as a mining
claim in accordance with this Act;
(c) wilfully defaces, alters, removes or disturbs any post,
stake, picket, boundary line, figure, writing or other
mark lawfully placed, standing or made under this
Act;
(d) wilfully pulls down, injures or defaces any rules or
notices posted up by the owner or agent of a mine;
(e) wilfully obstructs the Commissioner or any officer
appointed under this Act in the execution of his duty;
(/) being the owner or agent of a mine, refuses or neglects
to furnish to the Commissioner or to any person
appointed by him or to any officer appointed under
this Act the means necessary for making an entry,
inspection, examination or inquiry in relation to a
mine under this Act, other than Part IX;
(g) unlawfully marks or stakes out in whole or in part a
mining claim, a placer mining claim, or an area for
a boring permit;
57
130
(h) wilfully acts in contravention of this Act, other than
Part IX or Part X, in any particular not hereinbefore
set forth ;
(i) wilfully contravenes any provision of this Act or any
regulation for the contravention of which no other
penalty is provided;
(j) wilfully makes any material change in the wording
or numbering of a miner's licence after its issue; or
(k) attempts to do any of the acts mentioned in the
foregoing clauses,
is guilty of an offence against this Act and is liable to a fine of
not more than $20 for every day upon which the offence
occurs or continues.
Bta'fernents (2) Every person who knowingly makes a false statement
in an application, certificate, report, statement or other docu-
ment filed or made as required by or under this Act or the
regulations is guilty of an offence and is liable to a fine of $500
or to imprisonment for a term of not more than six months,
or to both. R.S.O. 1960, c. 241, s. 630.
Smelters 621. — (1) No pcrson shall construct or cause to be con-
structed a plant for the smelting, roasting, refining or other
treatment of ores or minerals that may result in the escape
or release into the open air of sulphur, arsenic or other fumes
in quantities that may injure trees or other vegetation unless
and until the site of the plant has been approved by the
Lieutenant Governor in Council.
Offence ^2) Every person who constructs or causes to be constructed
a plant for the smelting, roasting, refining or other treatment
of ores or minerals, without the approval of the Lieutenant
Governor in Council, and sulphur, arsenic or other fumes
escape or are released therefrom into the open air and injure
trees or other vegetation is guilty of an offence and is liable
to a fine of not more than $1,000 for every day upon which
such fumes escape or are released therefrom into the open air.
R.S.O. 1960, c. 241, s. 631.
oider^or'"^ 622. Every person who wilfully neglects or refuses to obey
commis- '^"^ Order or award of the Commissioner, except for the pay-
Kioner mcnt of money, is, in addition to any other liability, liable to
a fine of not more than $250 and, upon conviction thereof, is
liable to imprisonment for a term of not more than six months
unless the fine and costs are sooner paid. R.S.O. 1960, c. 241,
s. 632.
57
131
623. — (1) No person who, Ueeofword
^ -^ *^ "Bureau"
prohibited
(fl) carries on the business of mining or dealing in mines,
mining claims, mining lands, or mining rights, or the
shares, stocks, or bonds of a mining company; or
(b) acts as broker or agent in or for the disposal of
mines, mining claims, mining lands, or mining rights,
or of any such shares, stocks or bonds; or
(c) offers or undertakes to examine or report on a mine,
mining claim, mining land or mining rights,
shall use the word "Bureau" as the name or title or part of
the name or title under which he acts or carries on business.
(2) Every person who contravenes any of the provisions of ^'^®"'®
this section is guilty of an offence and is liable to a fine of not
more than $20 for every day upon which the offence occurs
or continues. R.S.O. 1960, c. 241, s. 633.
624. — (1) An owner, agent or other person who contra- PenaUy
venes any provision of Part IX is guilty of an offence and is against
liable to a fine of not more than $1,000.
(2) Where the Deputy Minister or an engineer has given Additional
written notice to an owner or agent or a person engaged or continuing
employed in or about a mine that an offence has been com-
mitted against Part IX, such owner or agent or other person
is liable to a further fine of not more than $100 for every day
upon which the offence continues after such notice.
(3) An owner, agent or other person is, upon conviction, ^P^'son-
liable to imprisonment for a term of not more than three
months unless the fine and costs are sooner paid.
(4) Where the offence is one that might have endangered ^nt'o^'^
the safety of those employed in or about the mine or caused aglinlr
serious personal injury or a dangerous accident, and was com-?^j;*j.i^^j^
mitted wilfully by the personal act, default or negligence of cases
the accused, every person who is guilty of an offence against
Part IX is, in addition to or in substitution for any fine that
may be imposed, liable to imprisonment with or without hard
labour for a term of not more than three months. R.S.O. 1960,
c. 241, s. 634.
625. — (1) No prosecution shall be instituted for an offence i^^^^j^^^^^^Jp^K^g
against Part IX or Part X or any regulation made in pursuance for offences
thereof except,
(a) by an engineer;
57
m
(b) by direction of the county or district Crown attorney;
or
(c) by the leave in writing of the Attorney General,
or for an offence against any other provision of this Act or
of any regulation made in pursuance thereof except,
(d) by or by leave of the Commissioner or a recorder;
(e) by direction of the county or district Crown attorney;
or
(/) by leave of the Attorney General.
When person (2) No person not being the actual offender is liable in
offender not respect of such offence, if he proves that he did not participate
^ ® in the contravention of the provision for a breach of which
he is charged and that he was not to blame for the breach
and that according to his position and authority he took all
reasonable means in his power to prevent the breach and to
secure compliance with the provisions of Part IX or Part X.
Onus of (3) The burden of proving that the provisions of sections
173 to 594 have been suspended is upon the person charged
with a contravention thereof and any such suspension may be
proved by the evidence or certificate of an engineer. R.S.O.
1960, c. 241, s. 635.
Procedure on 626. Except as to offences against section 14, every prose-
cution for an offence against or for the recovery of a penalty
imposed by or under the authority of this Act shall take place
before a magistrate or two justices of the peace having juris-
diction in the county or district in which the offence was com-
mitted or before the Commissioner, and, save as herein other-
R.s.o. I960, wise provided. The Summary Convictions Act applies to every
such prosecution. R.S.O. 1960, c. 241, s. 636.
R.S.O. I960. 2. Subsection 7 of section 654 of The Mining Act is amended
c. 241, s. 654, , . II ,, . , , . , ,. , . . . !•
subs. 7. by strikmg out use m the third Ime and msertmg m lieu
thereof "user", so that the subsection shall read as follows:
i^ase't^o^'^ (7) The patent or lease of such mines, minerals and
^ub*Hc\rav 1 mining rights shall contain a proviso protecting the
road for public travel and preventing any user of the
granted rights that would interfere with public
travel unless a road in lieu thereof has been provided
and accepted by the municipal corporation having
control of the road.
Short title 3, jhig Act may be cited as The Mining Amendment Act,
1961-62.
57
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BILL 58
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Lakehead College of Arts,
Science and Technology Act, 1956
Mr. Robarts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The amendment gives the College university powers with respect to
the establishment of faculties, etc., and the granting of degrees in arts and
58
BILL 58 1961-62
An Act to amend The Lakehead College
of Arts, Science and Technology Act, 1956
HER 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 Lakehead College of Arts, Science and^^^^' ^•^^'
Technology Act, 1956 is amended by adding thereto the follow- amended
ing subsection:
(2) The College has university powers, pj^ers^re^
faculties
, . ,i-i 1 •• iri- ^^^ degrees
(a) to establish and maintain such faculties,
schools, institutes, departments and chairs as
may be determined by the board; and
{b) to confer university degrees and honorary
degrees and awards in arts and science.
2. This Act comes into force on the day it receives Royal ment"^^^"^^'
Assent.
3. This Act may be cited as The Lakehead College of Arts, ^^°^* *'*'®
Science and Technology Amendment Act, 1961-62.
58
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BILL 58
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Lakehead College of Arts,
Science and Technology Act, 1956
Mr. Robarts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 58 1961-62
An Act to amend The Lakehead College
of Arts, Science and Technology Act, 1956
HER 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 Lakehead College of Arts, Science and^^^^- ^- 36.
Technology Act, 1956 is amended by adding thereto the follow- amended
ing subsection:
(2) The College has university powers, University
faculties
{a) to establish and maintain such faculties,
schools, institutes, departments and chairs as
may be determined by the board; and
{b) to confer university degrees and honorary
degrees and awards in arts and science.
2. This Act comes into force on the day it receives Royal ment"^^'^^^'
Assent.
3. This Act may be cited as The Lakehead College of Arts, ^^^^^ t^t^e
Science and Technology Amendment Act, 1961-62.
58
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BILL 59
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Notaries Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
Self-explanatory.
59
BILL 59 1961-62
An Act to amend The Notaries Act
HER 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 Notaries Act is amended by adding R-s.o. i960,
C. 263 S. 1
thereto the following subsection: amended
(2) The Lieutenant Governor in Council may make Fees on
regulations fixing the fees payable upon appointment ^^^"'"^
as a notary public and upon renewals thereof.
2. This Act comes into force on the day it receives Royal ^°^^'^®'^°®"
Assent.
3. This Act may be cited as The Notaries Amendment Act, Short title
1961-62.
59
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BILL 59
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Notaries Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
ijTa
miMP3^ Wf/.
BILL 59 1961-62
An Act to amend The Notaries Act
HER 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 Notaries Act is amended by adding R.s.o. i960,
thereto the following subsection: amended '
(2) The Lieutenant Governor in Council may make Fees on
regulations fixing the fees payable upon appointment ^PPo^'^^'^ent
as a notary public and upon renewals thereof.
2. This Act comes into force on the day it receives Royal Commence-
f. ^ -' ment
Assent.
3. This Act may be cited as The Notaries Amendment Act, short title
1961-62.
59
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BILL 60
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Judicature Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The trial branch of the Supreme Court of Ontario consists of the
Chief Justice of the High Court and twenty other judges.
The purpose of the Bill is to provide for two more judges.
60
BILL 60 1961-62
An Act to amend The Judicature Act
HER 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 5 of The Judicature Act isR.s.o. i960.
c 197 s 5
amended by striking out "twenty" in the third line andsiibs. i."
inserting in lieu thereof "twenty-two", so that the subsection^™®" ®
shall read as follows:
(1) The High Court shall consist of a chief justice who High court
shall be the president thereof and who shall be called ^
the Chief Justice of the High Court, and twenty-two
other judges.
2. This Act comes into force on the day it receives Royal Commence-
» ^ ment
Assent.
3. This Act may be cited as The Judicature Amendment ^^^^^^^^^^
Act, 1961-62.
60
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BILL 60
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Judicature Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 60 1961-62
An Act to amend The Judicature Act
HER 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 5 of The Judicature Act isR-s.o. i960,
amended by striking out "twenty" in the third line andsiibs. i?' '
inserting in lieu thereof "twenty-two", so that the subsection ^"^®"'^®^
shall read as follows:
(1) The High Court shall consist of a chief justice who High Court
shall be the president thereof and who shall be called °*^ '^"^"''®
the Chief Justice of the High Court, and twenty-two
other judges.
2. This Act comes into force on the day it receives Royal commence-
Assent.
ment
3. This Act may be cited as The Judicature Amendment ^^^^^ ^^^^^
Act, 1961-62.
60
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BILL 61
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The County Courts Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
The purpose of this Bill is:
(1) to provide a more flexible system of arranging for the sittings of
the county and district courts. This is made possible by the
direction of the Chief Judge of the County and District Courts
(ss. 1-4 of the Bill);
(2) to increase the jurisdiction of the county and district courts
(s. 5 of the Bill);
(3) to expedite the rehearing of cases in the county and district courts
(s. 6 of the Bill);
(4) to provide a right of appeal to a judge of the Supreme Court in
all county and district court matters where no appeal presently
exists.
61
BILL 61 1961-62
An Act to amend The County Courts Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The County Courts Act is amended by renumbering ^Ig^- 1^®°-
section 1 as section \a and by adding thereto the following amended
section :
1. In this Act, "chief judge" means the Chief Judge interpre-
of the County and District Courts.
2. Sections 12, 13 and 14 of The County Courts Act are Rs^o. i960,
repeciled and the following substituted therefor: ss. 12-14,
re-enacted
12. After first obtaining the approval of the chief judge, Different
the judge of a county or district court may direct day^fo? any
a different opening day for the sittings of such sittings
court from those provided in section 10 or 11, in
which case the sittings shall be held in accordance
with the direction.
13. Notwithstanding sections 10 and 11, the chief judge Non-jury
,. . ^ . . . \ JO sittings
may direct that a non-jury sittmgs 01 any county or outside
district court, in lieu of or in addition to the regular town ^
sittings, shall be held at such place in the county or
district, as the case may be, as he determines, in
which case such sittings shall be held at the place so
determined.
14. Notice of any direction under section 12 or 13 shall Notice
be posted or otherwise given as the chief judge may
direct.
■p Q /^ 1 QfiO
3. Section 16 of The County Courts Act is repealed. c. 76,8. le,
■^ repealed
4. Section 18 of The County Courts Act is amended byRSX)^i96o,
striking out "Attorney General" in the seventh line of sub- amended
section 1 and in the first line of subsection 2 and inserting in
lieu thereof in each instance "chief judge", so that the section
shall read as follows:
Adjourn-
ment of
sittings
Notice
18. — (1) Where the judge who is to hold a sittings is
unable to hold it at the time appointed, the sheriff
or, in his absence, the deputy sheriff shall adjourn
the court by proclamation to an hour on the following
day to be named by him, and so from day to day
until the judge is able to hold the court or until he
receives other directions from the judge or from the
chief judge.
(2) The sheriff shall forthwith notify the chief judge of
the adjournment.
R.s.o. I960, 5. — (1) Subsection 1 of section 19 of The County Courts
C Vo 8 19
siibs.'i, ' Act is amended,
amended
{a) by striking out "$1,200" in the second line of clause a
and inserting in lieu thereof "$3,000";
(6) by striking out "$1,000" in the third line of clause h
and inserting in lieu thereof "$3,000";
(c) by striking out "$1,000" in the second line and in
the fourth line of clause c and inserting in lieu thereof
in each instance "$3,000";
{d) by striking out "$1,000" in the third line of clause d
and inserting in lieu thereof "$3,000";
(e) by striking out "$1,000" in the fourth line of clause e
and inserting in lieu thereof "$3,000";
(/) by striking out "$1,000" in the fifth line of clause/
and inserting in lieu thereof "$3,000";
(g) by striking out "$4,000" in the third line of clause g
and inserting in lieu thereof "$20,000";
{h) by striking out "$1,000" in the fourth line of clause h
and inserting in lieu thereof "$3,000";
{i) by striking out "$4,000" in the fifth line of clause h
and inserting in lieu thereof "$20,000";
ij) by striking out "$1,000" in the third line of clause i
and inserting in lieu thereof "$3,000"; and
{k) by striking out "$1,000" in the fourth line of clause j
and inserting in lieu thereof "$3,000".
R-SX)^i960, (2) Subsection 2 of the said section 19 is amended by
subs." 2, ' striking out "$4,000" in the eighth hne and in the ninth
amen e ^.^^ ^^^^ inserting in lieu thereof in each instance "$20,000".
61
6. — (1) Subsection 1 of section 35 of The County Courts R.s.o. i960,
Act is repealed and the following substituted therefor: siibs.'i"
re-enacted
(1) Where the judge before whom an action is tried, Rehearing
either with or without a jury, dies before giving
judgment, or having reserved his judgment after
having heard the evidence does not deliver judgment
within six months thereafter, any party may, upon
notice to all other parties, apply to the chief judge
for an order directing that the action be reheard
by such judge of a county or district court as he
designates.
(Ifl) An order made under subsection 1 shall name the idem
place where the action shall be set down and reheard,
and in making such order the chief judge may give
such other directions as he deems fit.
(2) Subsections 3, 4, 5 and 6 of the said section 35 are^|gOgi|60,
repealed. siibss. 3-6,'
repealed
(3) Subsection 7 of the said section 35 is amended by striking R.s.o. i960,
. . c 76 8 35
out "a judge of the Supreme Court" in the second and third subs.' 7,'
lines and inserting in lieu thereof "the chief judge", so that^™^" ®
the subsection shall read as follows:
(7) No proceedings in the action shall thereafter be taken Further
.f *■ ., , ,r,i- r proceedings
m the county court without the order of the chief
judge after notice.
7. The County Courts Act is amended by adding thereto ^fe^" ■'^^^°'
the following section: amended
43a. In the case of any decision or order made in an action Further
, !• • ... r rights of
by a county or district court judge in respect of appeal
which an appeal is not provided in section 38, an
appeal lies to a judge of the Supreme Court, and
the practice and procedure governing appeals from
the Master of the Supreme Court apply to every
such appeal.
8. The increased jurisdiction provided in subsections 1 and ^j.^^P^'^'^t'o^
2 of section 19 of The County Courts Act by section 5 of this Jurisdiction
Act applies to actions that are commenced after section 5 of
this Act comes into force.
9. This Act comes into force on a day to be named by the Commence-
Lieutenant Governor by his proclamation.
10. This Act may be cited as The County Courts Amend- ^'^^rt title
ment Act, 1961-62.
61
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BILL 61
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The County Courts Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
fT'jnEii
I -J
BILL 61 1961-62
An Act to amend The County Courts Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The County Courts Act is amended by renumbering ^fg^- ^^®°'
section 1 as section la and by adding thereto the following amended
section:
1. In this Act, "chief judge" means the Chief Judge Jnterpre-
of the County and District Courts.
2. Sections 12, 13 and 14 of The County Courts Act are RS^o. i960,
repealed and the following substituted therefor: ss. 12-14,
re-enacted
12. After first obtaining the approval of the chief judge, Different
the judge of a county or district court may direct day^fo^ any
a different opening day for the sittings of such ^^^^''^^^
court from those provided in section 10 or 11, in
which case the sittings shall be held in accordance
with the direction.
13. Notwithstanding sections 10 and 11, the chief judge Non-jury
,. , ** . . . ' J » sittings
may direct that a non-jury sittmgs 01 any county or outside
district court, in lieu of or in addition to the regular town ^
sittings, shall be held at such place in the county or
district, as the case may be, as he determines, in
which case such sittings shall be held at the place so
determined.
14. Notice of any direction under section 12 or 13 shall n^o*'*^®
be posted or otherwise given as the chief judge may
direct.
. . , , R.S.O. I960,
3. Section 16 of The County Courts Act is repealed. c. 76,8.i6.
-^ '^ repealed
4. Section 18 of The County Courts Act is amended by^|gOgi960.
striking out "Attorney General" in the seventh line of sub- amended
section 1 and in the first line of subsection 2 and inserting in
lieu thereof in each instance "chief judge", so that the section
shall read as follows:
61
meKf' ^^- — (^) Where the judge who is to hold a sittings is
sittings unable to hold it at the time appointed, the sheriff
or, in his absence, the deputy sheriff shall adjourn
the court by proclamation to an hour on the following
day to be named by him, and so from day to day
until the judge is able to hold the court or until he
receives other directions from the judge or from the
chief judge.
Notice
(2) The sheriff shall forthwith notify the chief judge of
the adjournment.
?'76^8"'^i9^' ^* — (^) Subsection 1 of section 19 of The County Courts
subs.'i, ' Act is amended,
amended
{a) by striking out "$1,200" in the second line of clause a
and inserting in lieu thereof "$3,000";
(6) by striking out "$1,000" in the third line of clause h
and inserting in lieu thereof "$3,000";
(c) by striking out "$1,000" in the second line and in
the fourth line of clause c and inserting in lieu thereof
in each instance "$3,000";
{d) by striking out "$1,000" in the third line of clause d
and inserting in lieu thereof "$3,000";
(e) by striking out "$1,000" in the fourth line of clause e
and inserting in lieu thereof "$3,000";
(/■) by striking out "$1,000" in the fifth line of clause/
and inserting in lieu thereof "$3,000";
ig) by striking out "$4,000" in the third line of clause g
and inserting in lieu thereof "$20,000";
{h) by striking out "$1,000" in the fourth line of clause h
and inserting in lieu thereof "$3,000";
{i) by striking out "$4,000" in the fifth line of clause h
and inserting in lieu thereof "$20,000";
(j) by striking out "$1,000" in the third line of clause i
and inserting in lieu thereof "$3,000"; and
{k) by striking out "$1,000" in the fourth line of clause/
and inserting in lieu thereof "$3,000".
f.'fe^B^if!' (2) Subsection 2 of the said section 19 is amended by
I^Aded striking out "$4,000" in the eighth line and in the ninth
line and inserting in lieu thereof in each instance "$20,000".
61
6. — (1) Subsection 1 of section 35 of The County Courts b,.s.o. i960,
• • c 76 s 35
Act is repealed and the following substituted therefor: siibs.'i,' '
re-enacted
(1) Where the judge before whom an action is tried, Rehearing
either with or without a jury, dies before giving
judgment, or having reserved his judgment after
having heard the evidence does not deliver judgment
within six months thereafter, any party may, upon
notice to all other parties, apply to the chief judge
for an order directing that the action be reheard
by such judge of a county or district court as he
designates.
(la) An order made under subsection 1 shall name the idem
place where the action shall be set down and reheard,
and in making such order the chief judge may give
such other directions as he deems fit.
(2) Subsections 3, 4, 5 and 6 of the said section 35 are^-^p-'^^^^-
repealed. subss. 3-6,
repealed
(3) Subsection 7 of the said section 35 is amended by striking R.s.o. i960,
out "a judge of the Supreme Court" in the second and third subs.'?,'
lines and inserting in lieu thereof "the chief judge", so that^"^^"^
the subsection shall read as follows:
(7) No proceedings in the action shall thereafter be taken p"J"c^e®Jings
in the county court without the order of the chief
judge after notice.
7. The County Courts Act is amended by adding thereto J"f6?' ^^^°'
the following section: amended
43a. In the case of any decision or order made in an action Further
1 ... ... rights of
by a county or district court judge in respect ot appeal
which an appeal is not provided in section 38, an
appeal lies to a judge of the Supreme Court, and
the practice and procedure governing appeals from
the Master of the Supreme Court apply to every
such appeal.
8. The increased jurisdiction provided in subsections 1 and ^/\p^^°|*^°^
2 of section 19 of The County Courts Act by section 5 of this Jurisdiction
Act applies to actions that are commenced after section 5 of
this Act comes into force.
9. This Act comes into force on a day to be named by the Commence-
Lieutenant Governor by his proclamation.
10. This Act may be cited as The County Courts Amend- ^^°''* *^*^®
ment Act, 1961-62.
61
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BILL 62
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The County Judges Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Sections 1 and 2. Self-explanatory.
Section 3. The section repealed authorizes the judges in York
County to make their own arrangements for the proper holding of their
courts.
Section 4. Clause a fixes the allowance to be paid by the Province
to the Chief Judge of the County and District Courts. Clause aa is the
former clause a with the adjective "senior" deleted.
Section 5. The chief judge is substituted for the senior judge in the
court district. In ^ ft i t t Mtti to**-—
62
BILL 62 1961-62
An Act to amend The County Judges Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The County Judges Act is amended by renumbering r.s.o. i960,
section 1 as section la and by adding thereto the following ^^^Jj^^j^^
section:
1. In addition to the judges otherwise provided for in chief
this Act, a Chief Judge of the County and District^" ^®
Courts, herein referred to as the chief judge, may
be appointed, and he shall have all the powers of a
judge throughout Ontario.
2. Subsection 2 of section 4 of The County Judges Act isR.s.o. i960,
amended by adding at the commencement thereof "After subs.' I,' '
the chief judge", so that the subsection shall read as f ollows : ^'^®''*^®^
(2) After the chief judge, the judges and junior judges, Rank and
respectively, have rank and precedence among them- ^'^®''®
selves according to seniority of appointment.
R.S.O. I960,
3. Section 5 of The County Judges Act is repealed. re Yaied^'
4. Clause a of subsection 1 of section 9 of The County -j^^q xq&o.
Judges Act is repealed and the following substituted therefor: °- ''"''■ ^- ^■
subs. 1, cl.
re-enacted
(a) to the chief judge, an allowance at the rate of $5,000
per annum ;
{aa) to the judge of the county court of the county of
York, an allowance at the rate of $2,500 per annum;
and
R S O 1Q60
5. Section 10 of The County Judges Act is repealed and thee. 77, s. lo, '
following substituted therefor: re-enac e
62
office °^ ^^- Every judge and junior judge shall take and subscribe
the following oath before the chief judge or a judge
designated by him:
I, , do swear that I will,
truly and faithfully, according to my skill and knowl-
edge, execute the several duties, powers and trusts of
judge of the Court of the
of
So help me God.
c^'77^8'^i2°' ^* Section 12 of The County Judges Act is repealed and the
re-enacted' following substituted therefor:
hearfng^ ^^- ^^^ chief judge may empower the judge or a junior
judge of a county or district court to hear and dispose
of or otherwise deal with any matter depending in
his court at any place either within or outside the
county or district, as the case may be.
S"77?8.^i3?' '^' Subsections 1, 2, 3, 4, 5, 6, 7 and 8 of section 13 of The
re-e^nacte^d County Judges Act are repealed and the following substituted
therefor:
Court
reporters,
appoint-
ment
Direction
(1) The Lieutenant Governor in Council may appoint
one or more court reporters for the local courts of
any county or provisional judicial district, and,
where more than one is appointed for a county or
provisional judicial district, the Lieutenant Governor
in Council may designate one of them as the senior
court reporter.
(2) Every court reporter shall be under the direction of
the judge or, in his absence, of the junior judge or
judges of the county or district for the local court of
which he is appointed, and, where a senior court
reporter is designated, the other court reporter or
reporters shall also be subject to the direction of the
senior court reporter.
Remunera-
tion
Fees for
transcripts
(3) Every court reporter is entitled to such remuneration
as the Lieutenant Governor in Council prescribes.
(4) Every court reporter who is appointed at a salary
is nevertheless entitled to take for his own use fees
for transcriptions unless he is expressly prohibited
from so doing by the terms of his appointment.
Idem
(5) Where a court reporter is appointed at a salary and
is expressly prohibited from taking fees for his own
use for transcriptions, he shall collect the fees for such
transcriptions and pay them over to the treasurer
of the county.
62
Section 6. The chief judge is substitued for the Lieutenant Governo
in Council.
Section 7. The terminology is changed in order that other types of
reporting besides shorthand may be used. Otherwise, the section is un-
changed.
62
Section 8. The sections are amended to provide for the operation
of the county court district system, having regard to the functions of the
chief judge.
62
(6) The Lieutenant Governor in Council may prescribe ^®®^
fees for court reporters.
(7) Every court reporter appointed at a salary for the status
local courts of a county shall be deemed an employee
of the county for the purposes of The Workmen' s R-S.o. i960,
Compensation Act and of any municipal plan of
superannuation, group insurance or sick leave credit.
(8) The local municipalities not forming part of a county Contribution
for municipal purposes shall pay to the county such
proper proportion of the cost of the court reporter or
reporters appointed for the local courts of the county
as is agreed upon or, failing agreement, as is deter-
mined by arbitration.
8. Sections 16, 17, 18 and 19 of The County Judges ^c/^fi^s.^ie?'
are repealed and the following substituted therefor: ss'Tt^iI^**'
repealed
16. — (1) The chief judge shall be president of the county CMef judge,
and district courts.
(2) The chief judge shall occupy chambers at Toronto. ''^*"^^®'"^
(3) The chief judge may designate one of the other tt^c^®"^"®'
judges to act in his place for all purposes during his
absence from the province or illness.
(4) The chief judge is responsible for arranging the sit- sittm^^s^ff
tings of the various courts, including chambers, *^® courts
which are presided over by the judges of the county
and district courts, in order to ensure the due dis-
patch of the business of such courts, and this section
extends to the surrogate courts and the division courts
where it is customary for the county or district judge
to act as judge of the surrogate court or division
court.
(5) For the purpose of arranging the sittings of the ™®e*J^e9 of
various courts and considering matters relating to
the courts and the judges, the chief judge shall con-
vene a meeting of the judges and junior judges of
each county and district court district at least once
in each year and shall preside thereat.
(6) The chief judge and the judges and junior judges of ^**®™
the county and district court district shall discuss
and consider the time and other requirements of the
various courts in the county or district court district,
having regard to the efficient administration of justice
62
rotation
in Ontario, and shall make such arrangements as may
be necessary or proper for the holding of such courts,
including chambers, and the transaction of such
business as are customarily held and transacted by
the judges and junior judges of the county or district
court district with power in the chief judge to make
such re-adjustment or re-assignment as he deems
necessary or proper from time to time.
(7) In the arrangement of the courts and the assignment
of judges thereto, regard shall be had to,
(a) the desirability of rotating the judges within
each county and district court district; and
council of
judges
Commence-
ment
Short title
(b) the greater volume of judicial work in certain
of the counties and districts;
but no judge or junior judge shall be required to sit
outside his county or district court district, as the
case may be, without his consent.
(8) For the purpose of considering any matter relating
to the administration of justice in the county and
district courts and other courts presided over by
the county and district court judges, the chief judge
shall assemble in Toronto once in every year all the
judges and junior judges of the county and district
courts and he shall preside over such meeting.
9. This Act comes into force on a day to be named by the
Lieutenant Governor by his proclamation.
10. This Act may be cited as The County Judges Amend-
ment Act, 1961-62.
62
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BILL 62
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The County Judges Act
Mr. Roberts
{Reprinted for consideration by the Committee of the Whole House)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Sections 1 and 2. Self-explanatory.
Section 3. The section repealed authorizes the judges in York
County to make their own arrangements for the proper holding of their
courts.
Section 4. Clause a fixes the allowance to be paid by the Province
to the Chief Judge of the County and District Courts. Clause aa is the
former clause a with the adjective "senior" deleted.
Section 5. The chief judge is substituted for the senior judge in the
court district.
62
BILL 62 1961-62
An Act to amend The County Judges Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The County Judges Act is amended by renumbering r.s.o. i960
section 1 as section la and by adding thereto the following amended
section :
1. In addition to the judges otherwise provided for in P^^^
this Act, a Chief Judge of the County and District
Courts, herein referred to as the chief judge, may
be appointed, and he shall have all the powers of a
judge throughout Ontario.
2. Subsection 2 of section 4 of The County Judges Act is ^-^^o^ i960
amended by adding at the commencement thereof 'After subs.' 2. '
the chief judge", so that the subsection shall read as follows:
(2) After the chief judge, the judges and junior judges, ^^.^nk^^nd^
respectively, have rank and precedence among them-
selves according to seniority of appointment.
R.s.o. I960,
3. Section 5 of The County Judges Act is repealed. repe^aied^'
4. Clause a of subsection 1 of section 9 of The County n.s.o. i960,
Judges Act is repealed and the following substituted therefor : subs.' i," ci'. o,
re-enacted
(a) to the chief judge, an allowance at the rate of $5,000
per annum;
(aa) to the judge of the county court of the county of
York, an allowance at the rate of $2,500 per annum;
and
5. Section 10 of The County Judges Act is repealed atnd thec.77. s. 10. '
following substituted therefor: re-enacted
62
office °^ ^^' Every judge and junior judge shall take and subscribe
the following oath before the chief judge or a judge
designated by him:
I, , do swear that I will,
truly and faithfully, according to my skill and knowl-
edge, execute the several duties, powers and trusts of
judge of the Court of the
of
So help me God.
R.s.o. 1960, Q, Section 12 of The County Judges Act is repealed and the
re-enacted' following substituted therefor:
Place of
hearing
12. The chief judge may empower the judge or a junior
judge of a county or district court to hear and dispose
of or otherwise deal with any matter depending in
his court at any place either within or outside the
county or district, as the case may be.
^f^o. I960, 7. Subsections 1, 2, 3, 4, 5, 6, 7 and 8 of section 13 of The
subss. 1-8, County Judges Act are repealed and the following substituted
re-enacted t r
therefor:
Court
reporters,
appoint-
ment
(1) The Lieutenant Governor in Council may appoint
one or more court reporters for the local courts of
any county or provisional judicial district, and,
where more than one is appointed for a county or
provisional judicial district, the Lieutenant Governor
in Council may designate one of them as the senior
court reporter.
Direction
(2) Every court reporter shall be under the direction of
the judge or, in his absence, of the junior judge or
judges of the county or district for the local court of
which he is appointed, and, where a senior court
reporter is designated, the other court reporter or
reporters shall also be subject to the direction of the
senior court reporter.
Remunera-
tion
(3) Every court reporter is entitled to such remuneration
as the Lieutenant Governor in Council prescribes.
Fees for
transcripts
(4) Every court reporter who is appointed at a salary
is nevertheless entitled to take for his own use fees
for transcriptions unless he is expressly prohibited
from so doing by the terms of his appointment.
Idem
(5) Where a court reporter is appointed at a salary and
is expressly prohibited from taking fees for his own
use for transcriptions, he shall collect the fees for such
transcriptions and pay them over to the treasurer
of the county.
62
Section 6. The chief judge is substituted for the Lieutenant Governor
Section 7. The terminology is changed in order that other types of
reporting besides shorthand may be used. Otherwise, the section is un-
changed.
62
Section 8. The sections are amended to provide for the operation
of the county court district system, having regard to the functions of the
chief judge.
62
(6) The Lieutenant Governor in Council may prescribe ^®®^
fees for court reporters.
(7) Every court reporter appointed at a salary for the status
local courts of a county shall be deemed an employee
of the county for the purposes of The Workmen' s R-S.o. i960,
Compensation Act and of any municipal plan of
superannuation, group insurance or sick leave credit.
(8) The local municipalities not forming part of a county Contribution
for municipal purposes shall pay to the county such
proper proportion of the cost of the court reporter or
reporters appointed for the local courts of the county
as is agreed upon or, failing agreement, as is deter-
mined by arbitration.
8. Sections 16, 17, 18 and 19 of The County Judges Actf.^f^'^'^lf/
are repealed and the following substituted therefor: ss-Tt^iI^'''
repealed
16. — (1) The chief judge shall be president of the county Chief judge,
and district courts.
(2) The chief judge shall occupy chambers at Toronto. '=^^"'^®'"'
(3) The chief judge may designate one of the other tt^c?"^®'
judges to act in his place for all purposes during his
absence from the province or illness.
(4) To ensure the dispatch of business of the various *» s"P«''"^i8e
^ ' ... . arrangement
courts, mcludmg chambers, that are presided over of sittings
, 1 • I f , , ,• • of court
by the judges oi the county and district courts,
including the surrogate and division courts where
it is customary for the county or district court judge
to act as judge of the surrogate court and the
division court, the chief judge shall have general
supervisory powers over arranging the sittings of
such courts, including chambers. "^PB
(5) For the purpose of arranging the sittings of the j^®®*^^«s *^*"
various courts and considering matters relating to
the courts and the judges, the chief judge shall con-
vene a meeting of the judges and junior judges of
each county and district court district at least once
in each year and shall preside thereat.
(6) The chief judge and the judges and junior judges of '^^"^
the county and district court district shall discuss
and consider the time and other requirements of the
various courts in the county or district court district,
having regard to the efficient administration of justice
62
in Ontario, and shall make such arrangements as may
be necessary or proper for the holding of such courts,
including chambers, and the transaction of such
business as are customarily held and transacted by
the judges and junior judges of the county or district
court district with power in the chief judge to make
such re-adjustment or re-assignment as he deems
necessary or proper from time to time.
rotation (7) Jn ^he arrangement of the courts and the assignment
of judges thereto, regard shall be had to,
(a) the desirability of rotating the judges within
each county and district court district; and
(b) the greater volume of judicial work in certain
of the counties and districts;
but no judge or junior judge shall be required to sit
outside his county or district court district, as the
case may be, without his consent.
councu of (8) For the purpose of considering any matter relating
to the administration of justice in the county and
district courts and other courts presided over by
the county and district court judges, the chief judge
shall assemble in Toronto once in every year all the
judges and junior judges of the county and district
courts and he shall preside over such meeting.
^ommence- 9, This Act comes into force on a day to be named by the
Lieutenant Governor by his proclamation.
Short title jQ, f^jg j^^.^ j^^y j^g cited as The County Judges Amend-
ment Act, 1961-62.
62
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BILL 62
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The County Judges Act
Mr. Roberts
TORONTO
Printed and]JPublished by Frank Fogg, Qubbn's Printer
BILL 62 1961-62
An Act to amend The County Judges Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The County Judges Act is amended by renumbering r.s.o. i960
section 1 as section la and by adding thereto the following amended
section :
1. In addition to the judges otherwise provided for inP^^|
this Act, a Chief Judge of the County and District
Courts, herein referred to as the chief judge, may
be appointed, and he shall have all the powers of a
judge throughout Ontario.
2. Subsection 2 of section 4 of The County Judges Act is^-|^Ogi|60
amended by adding at the commencement thereof "After subs.' 2, '
the chief judge", so that the subsection shall read as follows:
(2) After the chief judge, the judges and junior judges, ^^.^nk^^nd^
respectively, have rank and precedence among them-
selves according to seniority of appointment.
R.s.o. I960.
3. Section 5 of The County Judges Act is repealed. repealed^'
4. Clause a of subsection 1 of section 9 of The County n.s.o. i960,
Judges Act is repealed and the following substituted therefor: subs.' I'ci. a.
re-enacted
(a) to the chief judge, an allowance at the rate of $5,000
per annum ;
(aa) to the judge of the county court of the county of
York, an allowance at the rate of $2,500 per annum;
and
5. Section 10 of The County Judges Act is repealed and the c. "77, a. 10. '
following substituted therefor: re-enacted
62
office °^ ^^- Every judge and junior judge shall take and subscribe
the following oath before the chief judge or a judge
• designated by him:
I, do swear that I will,
truly and faithfully, according to my skill and knowl-
edge, execute the several duties, powers and trusts of
judge of the Court of the
of
So help me God.
^•|^o^i9|0' 6. Section 12 of The County Judges Act is repealed and the
re-enacted' following substituted therefor:
Place of
hearing
12. The chief judge may empower the judge or a junior
judge of a county or district court to hear and dispose
of or otherwise deal with any matter depending in
his court at any place either within or outside the
county or district, as the case may be.
?77?8.^i3?' '^* Subsections 1, 2, 3, 4, 5, 6, 7 and 8 of section 13 of The
re-^1iacVed Coutity Judges Act are repealed and the following substituted
therefor:
Court
reporters,
appoint-
ment
(1) The Lieutenant Governor in Council may appoint
one or more court reporters for the local courts of
any county or provisional judicial district, and,
where more than one is appointed for a county or
provisional judicial district, the Lieutenant Governor
in Council may designate one of them as the senior
court reporter.
Direction
(2) Every court reporter shall be under the direction of
the judge or, in his absence, of the junior judge or
judges of the county or district for the local court of
which he is appointed, and, where a senior court
reporter is designated, the other court reporter or
reporters shall also be subject to the direction of the
senior court reporter.
Remunera-
tion
Fees for
transcripts
(3) Every court reporter is entitled to such remuneration
as the Lieutenant Governor in Council prescribes.
(4) Every court reporter who is appointed at a salary
is nevertheless entitled to take for his own use fees
for transcriptions unless he is expressly prohibited
from so doing by the terms of his appointment.
Idem
(5) Where a court reporter is appointed at a salary and
is expressly prohibited from taking fees for his own
use for transcriptions, he shall collect the fees for such
transcriptions and pay them over to the treasurer
of the county.
62
(6) The Lieutenant Governor in Council may prescribe ^®®^
fees for court reporters.
(7) Every court reporter appointed at a salary for the status
local courts of a county shall be deemed an employee
of the county for the purposes of The Workmen's ^-f^- 1^^^-
Compensation Act and of any municipal plan of
superannuation, group insurance or sick leave credit.
(8) The local municipalities not forming part of a county Contribution
for municipal purposes shall pay to the county such
proper proportion of the cost of the court reporter or
reporters appointed for the local courts of the county
as is agreed upon or, failing agreement, as is deter-
mined by arbitration.
8. Sections 16, 17, 18 and 19 of The County Judges Actf/^f^s^lt^'
are repealed and the following substituted therefor: ^rTT^ia^*^'
repealed
16. — (1) The chief judge shall be president of the county CMef judge
and district courts.
(2) The chief judge shall occupy chambers at Toronto. ° **^''®"
(3) The chief judge may designate one of the other et'c^®"*'®'
judges to act in his place for all purposes during his
absence from the province or illness.
(4) To ensure the dispatch of business of the various *Oj.|'^p|^^»j^^
courts, including chambers, that are presided over of sittings
1 1 • I f 1 , 1 • • of court
by the judges oi the county and district courts,
including the surrogate and division courts where
it is customary for the county or district court judge
to act as judge of the surrogate court and the
division court, the chief judge shall have general
supervisory powers over arranging the sittings of
such courts, including chambers.
(5) For the purpose of arranging the sittings of the j^®®*^^^ °^
various courts and considering matters relating to
the courts and the judges, the chief judge shall con-
vene a meeting of the judges and junior judges of
each county and district court district at least once
in each year and shall preside thereat.
(6) The chief judge and the judges and junior judges of ^*^®"^
the county and district court district shall discuss
and consider the time and other requirements of the
various courts in the county or district court district,
having regard to the efficient administration of justice
62
rotation
in Ontario, and shall make such arrangements as may
be necessary or proper for the holding of such courts,
including chambers, and the transaction of such
business as are customarily held and transacted by
the judges and junior judges of the county or district
court district with power in the chief judge to make
such re-adjustment or re-assignment as he deems
necessary or proper from time to time.
(7) In the arrangement of the courts and the assignment
of judges thereto, regard shall be had to,
(a) the desirability of rotating the judges within
each county and district court district; and
(b) the greater volume of judicial work in certain
of the counties and districts;
oouncil of
Judges
Commeixce-
ment
but no judge or junior judge shall be required to sit
outside his county or district court district, as the
case may be, without his consent.
(8) For the purpose of considering any matter relating
to the administration of justice in the county and
district courts and other courts presided over by
the county and district court judges, the chief judge
shall assemble in Toronto once in every year all the
judges and junior judges of the county and district
courts and he shall preside over such meeting.
9. This Act comes into force on a day to be named by the
Lieutenant Governor by his proclamation.
Short title
10. This Act may be cited as The County Judges Amend-
ment Act, 1961-62.
62
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BILL 63
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Division Courts Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1. Clause h is new. It is complementary to section 2 of
the Bill.
Section 2. Self-explanatory.
Section 3. These amendments increase the jurisdiction of the
division courts from $200 to $400 in the types of action mentioned.
Section 4. These amendments increase to $200 the amount of money
that must be involved in a case before it may be appealed to the Court of
Appeal.
Section 5. This section is new.
63
BILL 63 1961-62
An Act to amend The Division Courts Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Clause /f of subsection 1 of section 1 of The Division^-^-^-'^^^'
Courts Act is repealed and the following substituted therefor: subs, i, ci.'a,
^ ° re-enacted
{h) "judge" means,
(i) a division court judge appointed under this
Act,
(ii) the judge or a junior judge of a county court.
2. The Division Courts Act is amended by adding thereto ^fiQ- ■'^^®^'
the following section: amended
Appoint-
1 la. The Lieutenant Governor in Council may appoint ment of
.... ^ • A -' r-i- judges by
division court judges. Lieut. Oov.
in Council
3. — (1) Clause a of subsection 1 of section 54 of T^g R.s.o. i960,
.. . c.llOs. 54
Division Courts Act is amended by striking out "$200" in thesiibs. i, ci. o,
second line and inserting in lieu thereof "$400".
R.S.O. I960,
C. 110 8 54
(2) Clause b of subsection 1 of the said section 54 is repealed, subs, i, ci. h,
repealed
(3) Clause e of subsection 1 of the said section 54 is amended RS.o. i960,
c 110 s 54
by striking out "$200" in the third line and inserting in lieusubs. i.'ci.'e,
thereof "$400". ^men^^^
4. — (1) Clause a of section 108 of The Division Courts ^<^^^'xio's^ioi
is amended by striking out "$100" in the second line and ci. a, '
inserting in lieu thereof "$200". amended
(2) Clause b of the said section 108 is amended by striking ^•fj^g'-^j^Q^^
out "$100" in the third line and "$60" in the fifth line and^'i- *■ ' '
• • 1- 1 e • 1 • ii^r>^/Mi amended
inserting in lieu thereof in each instance $200 .
R.S.O. I960,
5. The Division Courts Act is amended by adding thereto °- i^^,
, r ^^ • • J b amended
the following section:
63
Rehearing 114a. — (1) Where the judge before whom an action is
tried, either with or without a jury, dies before
giving judgment, or having reserved his judgment
after having heard the evidence does not dehver
judgment within six months thereafter, any party
may, upon notice to all other parties, apply to the
Chief Judge of the County and District Courts for
an order directing that the action be reheard by such
judge as he designates.
Idem
(2) An order made under subsection 1 shall name the
place where the action is to be reheard, and in making
such order the chief judge may give such other
directions as he deems fit.
Further
evidence
(3) No further evidence shall be received upon such
rehearing except by leave of the court.
Further
proceedings
Judgment
on rehearing
Costs of
rehearing
Appeal
(4) No proceedings in the action shall thereafter be
taken without the order of the chief judge after notice.
(5) Upon such rehearing, the evidence, exhibits and
papers used at the trial shall be read, and after argu-
ment by counsel the presiding judge shall deal with
the action as on an original trial and shall direct
that judgment be entered by the court clerk in
accordance with his findings.
(6) The costs of the rehearing shall be fixed by the judge
presiding at the rehearing, who shall also direct by
whom they are to be paid.
(7) An appeal lies from such judgment or finding in the
same manner and on the same terms as if the judg-
ment had been pronounced at the trial.
c.iio.s. 214, 6. Section 214 of The Division Courts Act is repealed and
the following substituted therefor:
Increased
jurisdiction
in districts
Rules of
Practice to
apply
214. — (1) In any of the types of action in which a division
court is given jurisdiction by section 54, the division
courts in the provisional judicial districts have juris-
diction where the amount claimed does not exceed
(2)
In every such action in which the amount claimed
exceeds $400, the rules relating to pleadings as from
time to time contained in the Rules of Practice and
Procedure of the Supreme Court apply mutatis
mutandis, and a judge may in his absolute discretion
make such order or direction as to production and
discovery, including costs, as he sees fit.
63
Section 6. This section applies only in the division courts in the
provisional judicial districts. It will enable actions up to $800 to be
brought without consent, with discovery and with counsel.
63
(3) A person, other than a barrister or solicitor, may not^°""^®^
appear as agent for a party at the trial or hearing
of an action brought under this section in which the
amount claimed exceeds
7. The increased jurisdiction provided in subsection 1 of ^/\^'^reased
section 54 and section 214 of The Division Courts Act byJ""s<ii^*'on
sections 3 and 6 of this Act applies to actions that are com-
menced after sections 3 and 6 of this Act come into force.
8. This Act comes into force on a day to be named by the ^°^^'"®"^®-
Lieutenant Governor by his proclamation.
9. This Act may be cited as The Division Courts Amendment Short title
Act, 1961-62 (No. 2).
63
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BILL 63
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Division Courts Act
Mr. Roberts
{Reprinted as amended by the Committee on Legal Bills)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
i'i bi\
Explanatory Notes
Section 1. Clause h is new. It is complementary to section 2 of
the Bill.
Section 2. Self-explanatory.
Section 3. These amendments increase the jurisdiction of the
division courts from $200 to $400 in the types of action mentioned.
Section 4. This section is new.
' '. "■ l '■J V
... • , ■■-'■;:-: a?i
63
BILL 63 1961-62
An Act to amend The Division Courts Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Clause /f of subsection 1 of section 1 of The Division'^-f-^-^^^^'
Courts Act is repealed and the following substituted therefor: subs, i, ci.'h.
re-enacted
(h) "judge" means,
(i) a division court judge appointed under this
Act,
(ii) the judge or a junior judge of a county court.
2. The Division Courts Act is amended by adding thereto ^^io ■ ■^^®°'
the following section: amended
Appoint-
11a. The Lieutenant Governor in Council may appointment of
.... . , J r-r- judges by
division court judges. Lieut. Gov.
in Council
3.— (1) Clause a of subsection 1 of section 54 of TAeRS-O. i960,
c 1 10 s o4
Division Courts Act is amended by striking out "$200" in the subs, i, ci. a,
second line and inserting in lieu thereof "$400".
R.S.O. I960,
c. 110 s. 54
(2) Clause b of subsection 1 of the said section 54 is repealed, siibs. i, ci. 6,
repealed
(3) Clause e of subsection 1 of the said section 54 is amended c.iio.'s. 54,'
by striking out "$200" in the third line and inserting in lieu|,';!^|Aded''^' '"
thereof "$400".
4. The Division Courts Act is amended by adding thereto c.'iio,'
,1 r 11 • ^- amended
the lollowing section:
114a. — (1) Where the judge before whom an action isR^ehearing
tried, either with or without a jury, dies before
giving judgment, or having reserved his judgment
after having heard the evidence does not deliver
judgment within six months thereafter, any party
may, upon notice to all other parties, apply to the
63
Idem
Chief Judge of the County and District Courts for
an order directing that the action be reheard by such
judge as he designates.
(2) An order made under subsection 1 shall name the
place where the action is to be reheard, and in making
such order the chief judge may give such other
directions as he deems fit.
Further
evidence
Further
proceedings
Judgment
on rehearing
(3) No further evidence shall be received upon such
rehearing except by leave of the court.
(4) No proceedings in the action shall thereafter be
taken without the order of the chief judge after notice.
(5) Upon such rehearing, the evidence, exhibits and
papers used at the trial shall be read, and after argu-
ment by counsel the presiding judge shall deal with
the action as on an original trial and shall direct
that judgment be entered by the court clerk in
accordance with his findings.
(6) The costs of the rehearing shall be fixed by the judge
presiding at the rehearing, who shall also direct by
whom they are to be paid.
(7) An appeal lies from such judgment or finding in the
same manner and on the same terms as if the judg-
ment had been pronounced at the trial.
?'no,"8^.^2T4, 5. Section 214 of The Division Courts Act is repealed and
re-enacted ^j^g following substituted therefor:
Costs of
rehearing
Appeal
Increased
jurisdiction
in districts
214. — (1) In any of the types of action in which a division
court is given jurisdiction by section 54, the division
courts in the provisional judicial districts have juris-
diction where the amount claimed does not exceed
Rules of
Practice to
apply
(2) In every such action in which the amount claimed
exceeds $400, the rules relating to pleadings as from
time to time contained in the Rules of Practice and
Procedure of the Supreme Court apply mutatis
mutandis, and a judge may in his absolute discretion
make such order or direction as to production and
discovery, including costs, as he sees fit.
Counsel
(3) A person, other than a barrister or solicitor, may not
appear as agent for a party at the trial or hearing
of an action brought under this section in which the
amount claimed exceeds $400.
03
Section 5. This section applies only in the division courts in the
provisional judicial districts. It will enable actions up to $800 to be
brought without consent, with discovery and with counsel.
63
6. The increased jurisdiction provided in subsection 1 o( ^^P^^^^^^'^^
section 54 and section 214 of The Division Courts Act by jurisdiction
sections 3 and 6 of this Act applies to actions that are com-
menced after sections 3 and 6 of this Act come into force.
7. This Act comes into force on a day to be named by theCommence-
Lieutenant Governor by his proclamation.
8. This Act may be cited as The Division Courts Amendment short title
Act, 1961-62 {No. 2).
63
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BILL 63
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Division Courts Act
Mr. Roberts
{Reprinted as amended by the Committee of the Whole House)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1. Clause h is new. It is complementary to section 2 of
the Bill.
Section 2. Self-explanatory.
i
Section 3. These amendments increase the jurisdiction of the
division courts from $200 to $400 in the types of action mentioned.
Section 4. This section is new.
63
BILL 63 1961-62
An Act to amend The Division Courts Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Claused of subsection 1 of section 1 of The Division^-f-^-^^^^-
Courts Act is repealed and the following substituted therefor: subs, i, cI.'a,
^ ° re-enacted
{h) "judge" means,
(i) a division court judge appointed under this
Act,
(ii) the judge or a junior judge of a county court.
2. The Division Courts Act is amended by adding thereto ^lio," ^^^*^'
the following section: amended
Appoint-
11a. The Lieutenant Governor in Council may appoint ?^ent of
lUQ&TBS by
division court judges. Lieut, qov.
in Council
3. — (1) Clause a of subsection 1 of section 54 of TAe i^S-O. i960,
Division Courts Act is amended by striking out "$200" in thesiibs. i, ci. a,
second line and inserting in lieu thereof "$400".
R.S.O. 1960,
(2) Clause h of subsection 1 of the said section 54 is repealed, subs. ifci. 6.
m^^» repealed
(3) Clause c of subsection 1 of the said section 54 is amended R.s.o. iseo,
. . C 110 8 54
by striking out "$200" in the fourth line and inserting in lieu subs, i, ci. c,
thereof "$400". im ^"'"'^^^^
(4) Clause e of subsection 1 of the said section 54 is amended ^^i^i^r^P-
, ' . . c. 110, 8. 54,
by striking out "$200" in the third line and inserting in lieu subs, i, ci. «,
^1 f lii^A^r^i, amended
thereof "$400 .
4. The Division Courts Act is amended by adding thereto ^f^Q- ^^^'^•
the following section: amended
114a. — (1) Where the judge before whom an action is Rehearing
tried, either with or without a jury, dies before
giving judgment, or having reserved his judgment
63
Idem
Further
evidence
Further
proceedings
after having heard the evidence does not deliver
judgment within six months thereafter, any party
may, upon notice to all other parties, apply to the
Chief Judge of the County and District Courts for
an order directing that the action be reheard by such
judge as he designates.
(2) An order made under subsection 1 shall name the
place where the action is to be reheard, and in making
such order the chief judge may give such other
directions as he deems fit.
(3) No further evidence shall be received upon such
rehearing except by leave of the court.
(4) No proceedings in the action shall thereafter be
taken without the order of the chief judge after notice.
Judgment
on rehearing
Costs of
rehearing
Appeal
(5) Upon such rehearing, the evidence, exhibits and
papers used at the trial shall be read, and after argu-
ment by counsel the presiding judge shall deal with
the action as on an original trial and shall direct
that judgment be entered by the court clerk in
accordance with his findings.
(6) The costs of the rehearing shall be fixed by the j udge
presiding at the rehearing, who shall also direct by
whom they are to be paid.
(7) An appeal lies from such judgment or finding in the
same manner and on the same terms as if the judg-
ment had been pronounced at the trial.
R.s.o. I960 5, Section 214 of The Division Courts Act is repealed and
c. 110, 8. 214, , - ,, .
re-enacted the followmg substituted therefor:
214. — (1) In any of the types of action in which a division
court is given jurisdiction by section 54, the division
courts in the provisional judicial districts have juris-
diction where the amount claimed does not exceed
Rules of
Practice to
apply
Increased
jurisdiction
in districts
Counsel
(2) In every such action in which the amount claimed
exceeds $400, the rules relating to pleadings as from
time to time contained in the Rules of Practice and
Procedure of the Supreme Court apply mutatis
mutandis, and a judge may in his absolute discretion
make such order or direction as to production and
discovery, including costs, as he sees fit.
(3) A person, other than a barrister or solicitor, may not
appear as agent for a party at the trial or hearing
of an action brought under this section in which the
amount claimed exceeds $400.
63
Section 5. This section applies only in the division courts in the
provisional judicial districts. It will enable actions up to $800 to be
brought without consent, with discovery and with counsel.
63
6. The increased jurisdiction provided in subsection 1 ofonncreased
section 54 and section 214 of The Division Courts Act by Jurisdiction
sections 3 and 5 of this Act appHes to actions that are com-
menced after sections 3 and 5 of this Act come into force.
7. This Act comes into force on a day to be named by the Commence-
Lieutenant Governor by his proclamation.
8. This Act may be cited as The Division Courts Amendment Shert title
Act, 1961-62 (No. 2).
63
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BILL 63
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Division Courts Act
Mr. Roberts
TORONTO
Printed and Published bv Frank Fogg, Queen's Printer
BILL 63 1961-62
An Act to amend The Division Courts Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Clause /t of subsection 1 of section 1 of The Division ^-fL^-l^^^-
. C. 110, 8. 1,
Courts Act is repealed and the following substituted therefor: subs. i. ci. h,
^ ° re-enacted
(h) "judge" means,
(i) a division court judge appointed under this
Act,
(ii) the judge or a junior judge of a county court.
2. The Division Courts Act is amended by adding thereto ^"lio,' ^^^°'
the following section: amended
Appoint-
11a. The Lieutenant Governor in Council may appoint ?ient of
. . . . J ff judges by
division court judges. Lieut. Gov.
in Council
3. — (1) Clause a of subsection 1 of section 54 of rAe^S-O. i960.
_^ ' , c. 110, 8. 54,
Division Courts Act is amended by striking out "$200 ' in the subs. i. ci. a.
second line and inserting in lieu thereof "$400".
R.S.O. I960,
(2) Clause b of subsection 1 of the said section 54 is repealed, aiiha. ifci. b.
repealed
(3) Clause c of subsection 1 of the said section 54 is amended R.s.o. i960,
by striking out "$200" in the fourth line and inserting in lieu subs, i, ci. c,
thereof "$400". amended
(4) Clause e of subsection 1 of the said section 54 is amended ^-^i^-}^^?'
, ^ ' . . c. 110, s. 54,
by striking out ' $200" in the third line and inserting in lieusubs. i, ci. «.
. , ti^Ar^i^t, amended
thereof "$400".
4. The Division Courts Act is amended by adding thereto ^-^io," ^^^°'
the following section: amended
114a. — (1) Where the judge before whom an action is Rehearing
tried, either with or without a jury, dies before
giving judgment, or having reserved his judgment
63
Idem
Further
evidence
Further
proceedings
Judgment
on rehearing
after having heard the evidence does not deliver
judgment within six months thereafter, any party
may, upon notice to all other parties, apply to the
Chief Judge of the County and District Courts for
an order directing that the action be reheard by such
judge as he designates.
(2) An order made under subsection 1 shall name the
place where the action is to be reheard, and in making
such order the chief judge may give such other
directions as he deems fit.
(3) No further evidence shall be received upon such
rehearing except by leave of the court.
(4) No proceedings in the action shall thereafter be
taken without the order of the chief judge after notice.
(5) Upon such rehearing, the evidence, exhibits and
papers used at the trial shall be read, and after argu-
ment by counsel the presiding judge shall deal with
the action as on an original trial and shall direct
that judgment be entered by the court clerk in
accordance with his findings.
(6) The costs of the rehearing shall be fixed by the judge
presiding at the rehearing, who shall also direct by
whom they are to be paid.
(7) An appeal lies from such judgment or finding in the
same manner and on the same terms as if the judg-
ment had been pronounced at the trial.
^'?^9}^^^j 5» Section 214 of The Division Courts Act is repealed and
0. 110, 6. 214, ,-,,..
re-enacted the followmg substituted therefor:
214. — (1) In any of the types of action in which a division
court is given jurisdiction by section 54, the division
courts in the provisional judicial districts have juris-
diction where the amount claimed does not exceed
Costs of
rehearing
Appeal
Increased
jurisdiction
in districts
Rules of
Practice to
apply
(2)
Counsel
In every such action in which the amount claimed
exceeds $400, the rules relating to pleadings as from
time to time contained in the Rules of Practice and
Procedure of the Supreme Court apply mutatis
mutandis, and a judge may in his absolute discretion
make such order or direction as to production and
discovery, including costs, as he sees fit.
(3) A person, other than a barrister or solicitor, may not
appear as agent for a party at the trial or hearing
of an action brought under this section in which the
amount claimed exceeds $400.
63
6. The increased jurisdiction provided in subsection 1 ofonncreased
section 54 and section 214 of The Division Courts Act byjurisdiction
sections 3 and 5 of this Act applies to actions that are com-
menced after sections 3 and 5 of this Act come into force.
7. This Act comes into force on a day to be named by the co^^n^ence
Lieutenant Governor by his proclamation.
ment
8. This Act may be cited as The Division Courts Amendment shsrt title
Act, 1961-62 {No. 2).
63
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BILL 64
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The General Sessions Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The purpose of this Bill is to bring The General Sessions Act into line
with The County Courts Act and The County Judges Act as amended by
Bills 61 and 62, thus providing more efficient methods of specifying
different opening days for sittings, the place of sittings, and the adjourn-
ment of sittings of courts of general sessions of the peace.
64
BILL 64 1961-62
An Act to amend The General Sessions Act
HER 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 General Sessions Act is repealed and^fg3s.^i!^'
the following substituted therefor: re-enacted
1 In this Act Interpre-
i. Ill Lius rvuL, tation
{a) "chief judge" means the Chief Judge of the
County and District Courts;
{b) "court" means a court of general sessions of
the peace.
2. Subsections 10, 11 and 12 of section 3 of The General^f^- l^f^'
Sessions Act are repealed and the following substituted subss. lo.ii,
^ ° re-enacted;
therefor: subs. 12,
repealed
(10) After first obtaining the approval of the chief judge, Pp|^n/ng day
the judge of a county or district court may specify
a different opening day for the sittings of the court
from those provided in this section, in which case
the sittings shall be held on the day so specified.
(11) Notice of a different opening day shall be posted or Notice
otherwise given as the chief judge may direct.
3. Section 5 of The General Sessions Act is amended by RS.o. i960,
striking out "Lieutenant Governor, by proclamation" in the amended
second and third lines and inserting in lieu thereof "chief
judge", so that the section shall read as follows:
5. The sittings of the court shall be held in the county P^^^^ce^of
town of the county, unless the chief judge authorizes
the holding of the sittings at some other place in the
county.
R.S.O. 1960,
c. 163, s. 9,
amended
4. Section 9 of The General Sessions Act is amended by
striking out "Attorney General" in the sixth line of sub-
section 1 and in the second line of subsection 2 and inserting
in lieu thereof in each instance "chief judge", so that the
section shall read as follows:
Adjourn-
ment of
sittings
Notice
Commence-
ment
Short title
9. — (1) Where a judge is unable to hold the sittings at
the time appointed, the sherifif or his deputy may,
by proclamation, adjourn the court to any hour on
the following day to be by him named, and so from
day to day until a judge is able to hold the court or
until he receives other directions from the judge or
from the chief judge.
(2) The sheriff shall forthwith give notice of such
adjournment to the chief judge.
5. This Act comes into force on a day to be named by the
Lieutenant Governor by his proclamation.
6. This Act may be cited as The General Sessions Amend-
ment Act, 1961-62.
64
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BILL 64
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The General Sessions Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 64 1961-62
An Act to amend The General Sessions Act
HER 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 General Sessions Act is repealed and ^fg^ ; g,^f ^
the following substituted therefor: re-enacted
1 In this Art Interpre-
1. Ill uub r\.L,L, tation
(a) "chief judge" means the Chief Judge of the
County and District Courts;
(6) "court" means a court of general sessions of
the peace.
2. Subsections 10, 11 and 12 of section 3 of The General f-f^- 1^^^-
Sessions Act are repealed and the following substituted subss. lo.ii,
thereior: subs. 12,
repealed
(10) After first obtaining the approval of the chief judge, ^p^^®^j^^*^j^y
the judge of a county or district court may specify
a different opening day for the sittings of the court
from those provided in this section, in which case
the sittings shall be held on the day so specified.
(11) Notice of a different opening day shall be posted or^^^*'*^®
otherwise given as the chief judge may direct.
3. Section 5 of The General Sessions Act is amended by RS-O. i960,
... ,,, . „ . ,, . , C. 163, 8. 5,
strikmg out Lieutenant Governor, by proclamation in the amended
second and third lines and inserting in lieu thereof "chief
judge", so that the section shall read as follows:
5. The sittings of the court shall be held in the county ^^[^9®°^
town of the county, unless the chief judge authorizes
the holding of the sittings at some other place in the
county.
64
R.S.O. 1960,
c. 163, s. 9,
amended
4. Section 9 of The General Sessions Act is amended by
striking out "Attorney General" in the sixth line of sub-
section 1 and in the second line of subsection 2 and inserting
in lieu thereof in each instance "chief judge", so that the
section shall read as follows:
Adjourn-
ment of
sittings
-(1) Where a judge is unable to hold the sittings at
the time appointed, the sheriff or his deputy may,
by proclamation, adjourn the court to any hour on
the following day to be by him named, and so from
day to day until a judge is able to hold the court or
until he receives other directions from the judge or
from the chief judge.
Notice
(2) The sherifT shall forthwith give notice of such
adjournment to the chief judge.
Commence-
ment
5. This Act comes into force on a day to be named by the
Lieutenant Governor by his proclamation.
Short title
6. This Act may be cited as The General Sessions Amend-
ment Act, 1961-62.
64
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BILL 65
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Judicature Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1. The purpose of this amendment is to remove the limiting
effect of the words that are deleted, thus enabling sittings of the High
Court to be held anywhere in the county or district that the presiding
judge directs (as well as in the county or district town).
Section 2. Thisamendment will make the Chief Judge of the County
and District Courts a member of the Rules Committee.
65
BILL 65 1961-62
An Act to amend The Judicature Act
HER 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 46 of The Judicature Act isRS.o. i960,
amended by striking out "where accommodation therein is subs. 5,'
not available" in the second line, so that the subsection shall ^'^®'^'^®'^
read as follows:
(5) The sittings shall be held in the court house of the s^t^^^'^ss
county or at such other place in the county as the held in
.,..,,., court house
presidmg judge directs.
2. Subsection 1 of section 111 of The Judicature Act is^s-O.i960
amended by adding thereto the following clause: subs, i,'
amended
(aa) the Chief Judge of the County and District Courts.
3. — (1) This Act, except section 2, comes into force on theCommence-
day it receives Royal Assent.
(2) Section 2 comes into force on a day to be named by idem
the Lieutenant Governor by his proclamation.
4. This Act may be cited as The Judicature Amendment ^i^ort tme
Act, 1961-62 {No. 2).
65
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BILL 65
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Judicature Act
Mr. Roberts
TORONTO
Printed and Published bv Frank Fogg, Queen's Printer
BILL 65 1961-62
An Act to amend The Judicature Act
HER 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 46 of The Judicature Act isR-s.o.^i960,
c 197 8 46
amended by striking out "where accommodation therein issiibs. 5,d«
not available" in the second line, so that the subsection shall ^'"^^ ^
read as follows:
(5) The sittings shall be held in the court house of the?i**i'^ss
17 1-1 to be
county or at such other place m the county as the held in
.,..,,., court house
presidmg judge directs.
2. Subsection 1 of section 111 of The Judicature Act is^s-O-i960
amended by adding thereto the following clause: subs, i,"
■' ^ & amended
{aa) the Chief Judge of the County and District Courts.
3. — (1) This Act, except section 2, comes into force on theCommence-
day it receives Royal Assent.
ment
(2) Section 2 comes into force on a day to be named by idem
the Lieutenant Governor by his proclamation.
4. This Act may be cited as The Judicature Amendment short title
Act, 1961-62 (No. 2).
65
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BILL 66
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend
The Juvenile and Family Courts Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The purpose of this Bill is to authorize regulations and arrangements
designed to provide full-time, trained judges for the juvenile and family
courts.
66
BILL 66 1961-62
An Act to amend
The Juvenile and Family Courts Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Juvenile and Family Courts Act is amended by^-l^^. i960,
adding thereto the following section: amended
16a. — (1) To render practical a system of full-time, ^PP^'of"'^*
trained judges for the juvenile and family courts, °°^*^
(a) the Lieutenant Governor in Council may make
such regulations providing for the apportion-
ment of the salaries and expenses thereof
between or among municipalities as he deems
fit; and
ib) the Attorney General may approve such
arrangements as may, in his opinion, promote
such a system.
(2) For the furthering of such a judicial system, any utilization
moneys appropriated by the Legislature for that moneys
purpose may be utilized as the Attorney General
may direct.
2. This Act comes into force on a day to be named by the Commence-
Lieutenant Governor by his proclamation.
3. This Act may be cited as The Juvenile and Family Short title
Courts Amendment Act, 1961-62.
66
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BILL 66
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend
The Juvenile and Family Courts Act
Mr. Roberts
{Reprinted for consideration by the Committee of the Whole House)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Sections 1 and 3(1). The effect of these amendments is to transfer
the power to appoint stenographers, clerks, etc., from the Attorney General
to the municipality in and for which the court is established.
Section 2. This amendment adds supplemental medical and surgical
insurance to the purposes for which officers and members of the staffs
of juvenile and family courts shall be deemed to be employees of the
municipality that pays their salaries.
66
BILL 66
1961-62
An Act to amend
The Juvenile and Family Courts Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 13 of The Juvenile and Family Courts Act is^fo^s.^ia'
repealed. repealed
2. Section 14 of The Juvenile and Family Courts Act is^'fo^'sfiSl
amended by adding at the end thereof "and any supplemental ^"^®'^**®*^
medical or surgical insurance", so that the section shall read
as follows:
14.
All officers and members of the staff of a juvenile and ffflcere^^
family court, except the judge and deputy judges, and staff
shall be deemed to be employees of the municipality
that pays their salaries for the purposes of pensions,
sick leave credits, holidays with pay, and the Ontario
plan of hospital care insurance and any supplemental
medical or surgical insurance.
3. — (1) Subsection 1 of section 16 of The Juvenile o^w^^^foi's.^ie'
Family Courts Act is amended by inserting after "provide" |^|^|^^
in the second line "stenographers, typists, clerks and other
persons and", so that the subsection shall read as follows:
(1) The municipality in and for which a juvenile and^^®^^^
family court is established shall provide stenog- clerks,
, . , , , , , . accommo-
raphers, typists, clerks and other persons and a suit- dation,
able room for hearing cases, and offices, furniture, sa^r^esTeto.
equipment and supplies for the judge, deputy judges
and all other officers and the members of the staff
and shall make provision for and pay the expenses of
the court including the salaries of the judge, deputy
judges and all other officers and the members of the
staff.
66
R.s.o. 1960, (2) Subsection 2 of the said section 16 is repealed and the
c. 201, 8. 16, ; ^ . . , , f
Bubs. 2 following substituted theretor:
re-enacted °
Judges'
salaries,
payment of
(2) The salary of every full-time judge and every full-
time deputy judge, every part-time judge who also
sits as a magistrate in a magistrate's court and every
part-time deputy judge who also sits as a magistrate
in a magistrate's court shall be paid out of the
moneys that are voted therefor by the Legislature,
and an amount equal to the salary and any other
allowance paid in the first instance by the Province
shall be paid quarterly to the Treasurer of Ontario
by the municipality or municipalities that would,
but for this subsection, be responsible for the payment
of such salaries.
^•|q^- I960, 4.^ 2^/jg Juvenile and Family Courts Act is amended by
amended adding thereto the following section:
Apportion-
ment of
costs
16a. — (1) To render practical a system of full-time,
trained judges for the juvenile and family courts,
(a) the Lieutenant Governor in Council may make
such regulations providing for the apportion-
ment of the salaries and expenses thereof
between or among municipalities as he deems
fit; and
{b) the Attorney General may approve such
arrangements as may, in his opinion, promote
such a system.
utilization
of voted^
moneys
(2) For the furthering of such a judicial system, any
moneys appropriated by the Legislature for that
purpose may be utilized as the Attorney General
may direct.
Commence-
ment
5. This Act comes into force on the 1st day of July, 1962,
Short title
6. This Act may be cited as The Juvenile and Family
Courts Amendment Act, 1961-62.
66
Section 3 (2). The purpose of this amendment is to allow magistrates
who are also part-time judges or deputy judges of juvenile and family
courts to qualify in both capacities for their pensions.
Section 4. The purpose of this amendment is to authorize regulations
and arrangements designed to provide full-time, trained judges for the
juvenile and family courts.
66
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BILL 66
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend
The Juvenile and Family Courts Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 66 1961-62
An Act to amend
The Juvenile and Family Courts Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 13 of The Juvenile and Family Courts Act ^^^^oi'l^^'
repealed. repealed
2. Section 14 of The Juvenile and Family Courts Act is ^"foi; 8.^14;
amended by adding at the end thereof "and any supplemental ^'^®'^^®'*
medical or surgical insurance", so that the section shall read
as follows:
14. All officers and members of the staff of a juvenile and officers °^
family court, except the judge and deputy judges, and staff
shall be deemed to be employees of the municipality
that pays their salaries for the purposes of pensions,
sick leave credits, holidays with pay, and the Ontario
plan of hospital care insurance and any supplemental
medical or surgical insurance.
3. — (1) Subsection 1 of section 16 of The Juvenile o«J ^fo^; gf fe!
Family Courts Act is amended by inserting after "pi'ovide" |^|j^^^^
in the second line "stenographers, typists, clerks and other
persons and", so that the subsection shall read as follows:
(1) The municipality in and for which a juvenile and^^^gog-
family court is established shall provide stenog- clerks.
. ■' . , , , , ^ , .° accommo-
raphers, typists, clerks and other persons and a suit- dation,
able room for hearing cases, and offices, furniture, saiarie^eto.
equipment and supplies for the judge, deputy judges
and all other officers and the members of the staff
and shall make provision for and pay the expenses of
the court including the salaries of the judge, deputy
judges and all other officers and the members of the
staff.
66
f'.'zoi', 8^16*. (^) Subsection 2 of the said section 16 is repealed and the
re-enacted following substituted therefor:
Judges'
Balaries,
payment of
(2) The salary of every full-time judge and every full-
time deputy judge, every part-time judge who also
sits as a magistrate in a magistrate's court and every
part-time deputy judge who also sits as a magistrate
in a magistrate's court shall be paid out of the
moneys that are voted therefor by the Legislature,
and an amount equal to the salary and any other
allowance paid in the first instance by the Province
shall be paid quarterly to the Treasurer of Ontario
by the municipality or municipalities that would,
but for this subsection, be responsible for the payment
of such salaries.
R.S.O. I960,
o. 201,
amended
4. The Juvenile and Family Courts Act is amended by
adding thereto the following section:
Apportion-
ment of
coste
16a. — (1) To render practical a system of full-time,
trained judges for the juvenile and family courts.
(a) the Lieutenant Governor in Council may make
such regulations providing for the apportion-
ment of the salaries and expenses thereof
between or among municipalities as he deems
fit; and
(b) the Attorney General may approve such
arrangements as may, in his opinion, promote
such a system.
utilization
of voted
moneys
(2) For the furthering of such a judicial system, any
moneys appropriated by the Legislature for that
purpose may be utilized as the Attorney General
may direct.
Commence-
ment
6. This Act comes into force on the 1st day of July, 1962.
Short title
6. This Act may be cited as The Juvenile and Family
Courts Amendment Act, 1961-62.
66
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BILL 67
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Surrogate Courts Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
Section 1. The purpose of this Bill is to restrict the type of case
that may be removed from a surrogate court into the Supreme Court by
requiring the deceased's property to be more than $20,000 in value (instead
of $2,000).
Section 2. This section is new.
67
BILL 67 1961-62
An Act to amend The Surrogate Courts Act
HER 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 31 of The Surrogate Courts ^^^^fgs's^f?'
is amended by striking out "$2,000" in the fifth line and subs, i'
inserting in lieu thereof "$20,000", so that the subsection shall
read as follows:
(1) Any contentious cause or proceeding may be re-^f®^°gQg
moved into the Supreme Court by order of a judge |*^-(Jo
of such court if it is of such a nature and of such
importance as to render it proper that it should be
disposed of by the Supreme Court, and the property
of the deceased exceeds $20,000 in value.
2. Section 76 of The Surrogate Courts Act is repealed and ^fg^- ^^^^•
the following substituted therefor: re-enacted
76. — (1) Where the judge before whom any matter or Rehearing
proceeding under this Act is tried dies before dis-
posing of it or having heard it has not disposed of it
within six months thereafter, any party may, upon
notice to all other parties, apply to the Chief Judge
of the County and District Courts for an order that
the matter or proceeding be reheard by such judge
or junior judge of a surrogate court as he designates.
(2) An order made under subsection 1 shall name the^^®°^
place where the matter or proceeding is to be re-
heard and, in making such order, the chief judge
may give such other directions as he deems fit.
(3) No proceedings in the matter or proceeding shall Further-
thereafter be taken without the order of the chief
judge after notice.
(4) Upon such rehearing, the evidence, exhibits and Judgment
papers used at the trial shall be read and, after °'^'^® ®^ "*
67
Costs of
rehearing
Appeal
Application
of increased
amount
argument by counsel, the presiding judge shall deal
with the action as on an original trial and shall direct
that judgment be entered by the county court clerk
in accordance with his findings.
(5) The costs of the rehearing shall be fixed by the judge
presiding at the rehearing, who shall also direct by
whom they are to be paid.
(6) An appeal lies from such judgment or finding in the
same manner and on the same terms as if the judg-
ment had been pronounced at the trial.
3. The increased amount provided in subsection 1 of sec-
tion 31 of The Surrogate Courts Act by section 1 of this Act
applies to contentious causes and proceedings that are com-
menced after section 1 of this Act comes into force.
ment"^^^^ 4. This Act comes into force on a day to be named by the
Lieutenant Governor by his proclamation.
Short title g^ This Act may be cited as The Surrogate Courts Amend-
ment Act, 1961-62.
67
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BILL 67
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An Act to amend The Surrogate Courts Act
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
i iliu*
BILL 67 1961-62
An Act to amend The Surrogate Courts Act
HER 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 31 of The Surrogate Courts ^^^f •fgs's^li'
is amended by striking out "$2,000" in the fifth line and subs, i'
msertmg m lieu thereof "$20,000", so that the subsection shall
read as follows:
(1) Any contentious cause or proceeding may be re-^®^°^^^^
moved into the Supreme Court by order of a judge |<^°,-(*o
of such court if it is of such a nature and of such
importance as to render it proper that it should be
disposed of by the Supreme Court, and the property
of the deceased exceeds $20,000 in value.
2. Section 76 of The Surrogate Courts Act is repealed and ^fg^- ^^^^o.
the following substituted therefor: re-enacted
76. — (1) Where the judge before whom any matter or Rehearing
proceeding under this Act is tried dies before dis-
posing of it or having heard it has not disposed of it
within six months thereafter, any party may, upon
notice to all other parties, apply to the Chief Judge
of the County and District Courts for an order that
the matter or proceeding be reheard by such judge
or junior judge of a surrogate court as he designates.
(2) An order made under subsection 1 shall name the^**®""
place where the matter or proceeding is to be re-
heard and, in making such order, the chief judge
may give such other directions as he deems fit.
(3) No proceedings in the matter or proceeding shall Further-
thereafter be taken without the order of the chief
judge after notice.
(4) Upon such rehearing, the evidence, exhibits and Judgment
papers used at the trial shall be read and, after "'^'^^ eamg
67
Costs of
rehearing
argument by counsel, the presiding judge shall deal
with the action as on an original trial and shall direct
that judgment be entered by the county court clerk
in accordance with his findings.
(5) The costs of the rehearing shall be fixed by the judge
presiding at the rehearing, who shall also direct by
whom they are to be paid.
Appeal
(6) An appeal lies from such judgment or finding in the
same manner and on the same terms as if the judg-
ment had been pronounced at the trial.
onxicreaied 3. The increased amount provided in subsection 1 of sec-
amount ^jon 31 of The Surrogate Courts Act by section 1 of this Act
applies to contentious causes and proceedings that are com-
menced after section 1 of this Act comes into force.
Commence- 4, x^js Act comes into force on a day to be named by the
ment 1 , • 1 •
Lieutenant Governor by his proclamation.
Short title
5. This Act may be cited as The Surrogate Courts Amend-
ment Act, 1961-62.
67
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BILL 68
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
An|Act to amend The Election Act
Mr. Bryden
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
A new section is added to fix maximum election expenses that may
be incurred by candidates and parties and to require that goods or services
contributed be acknowledged and included as expenses.
68
BILL 68 1961-62
An Act to amend The Election Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Election Act is amended by adding thereto the^-^^^- 1^^^-
following section : amended
194. — (1) The total expenses incurred in an election by a Maximum
candidate or on his behalf other than by the central candidate
organization of a political party, including the per-
sonal expenses of the candidate as defined in sub-
section 2 of section 188, shall not exceed 20 cents for
each person whose name has been entered on the
polling list in a rural polling subdivision and 15 cents
for each person whose name has been entered on the
polling list in an urban subdivision in the electoral
district concerned.
(2) The total expenses incurred in an election by or on Maximum
behalf of the central organization of a political party of p^oifucai
represented in the election by more than one candi-^^'^*^
date shall not exceed 15 cents for each person whose
name has been entered on the polling lists in the
electoral districts in which the political party is
represented by a candidate.
(3) No person or organization shall publish or cause to Contribu-
be published any advertisement, poster, leaflet, hand-
bill, pamphlet, book, or other printed matter, or
any announcement or programme on radio or tele-
vision, or shall contribute or cause to be contributed
any other commodity or service for the benefit of a
candidate or political party in an election without
the consent in writing of the candidate's official agent
or of a duly authorized representative of the political
party, as the case may be, and, where such consent is
given, the cost of the publishing and the value of
the contribution, excluding free time contributed by
68
a television or radio broadcasting station or network
of stations to all candidates in an electoral district
or to all political parties represented in the election
on a basis accepted by them, shall be included in the
total election expenses referred to in subsections 1
and 2.
Commence- 2. This Act comes into force on the day it receives Royal
ment . ■'
Assent.
Short title 3, fhis Act may be cited as The Election Amendment Act,
1961-62.
68
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BILL 69
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
The Game and Fish Act, 1961-62
Mr. Spooner
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
This is a complete revision of the Act, which was last revised in 1946.
The purpose of the revision is to simplify the Act and to bring it into
line with present administrative practices.
69
BILL 69 1961-62
The Game and Fish Act, 1961-62
HER 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
1. "closed season" means a period that is not an open
season ;
2. "deer" includes wapiti (commonly called elk);
3. "Department" means the Department of Lands and
Forests ;
4. "dog" means any of the species Cams familiaris
Linnaeus;
5. "domestic animals and domestic birds" includes any
non-native species kept in captivity, except pheas-
ants, but does not include native species kept in
captivity or non-native species present in the wild
state;
6. "farmer" means a person whose chief occupation is
farming and,
{a) who is living upon and tilling his own land,
or land to the possession of which he is for
the time being entitled, or
{h) who is a bona fide settler engaged in clearing
land for the purpose of bringing it to a state
of cultivation;
7. "ferret" means any of the domesticated forms of
the old world polecat (Pitorius putorius) used for
hunting;
69
8. "fur-bearing animal" means a beaver, fisher, fox,
lynx, marten, mink, muskrat, otter, raccoon, skunk,
red squirrel, weasel, wolverine or any other animal
that the Lieutenant Governor in Council declares
to be a fur-bearing animal, and includes any part of
such animal;
9. "game" means a game animal, game bird or fur-
bearing animal and includes any part of such
animal;
10. "game animal" means any animal, except a fur-
bearing animal, protected by this Act, and includes
any part of such animal;
11. "game bird" means any bird protected by this Act
^"179 ' ^^^^' or the Migratory Birds Convention Act (Canada), and
includes any part of such bird ;
12. "game bird hunting preserve" means any area in
which pheasants or other game birds propagated
under a licence are released for hunting purposes;
13. "holder of a licence" means the person named in
the licence;
14. "hunting" includes chasing, pursuing, following after
or on the trail of, searching for, shooting, shooting
at, stalking or lying in wait for, worrying, molesting,
taking or destroying any animal or bird, whether or
not the animal or bird be then or subsequently cap-
tured, injured or killed, and "hunt" and "hunter"
have corresponding meanings;
15. "licence" means an instrument issued under this Act
conferring upon the holder the privilege of doing the
things set forth in it, subject to the conditions,
limitations and restrictions contained in it and in
this Act and in the regulations, but no licence is or
shall operate as a lease;
16. "Minister" means the Minister of Lands and Forests;
17. "non-resident" means a person who has not actually
resided in Ontario for a period of at least seven
months during the twelve months immediately pre-
ceding the time that his residence becomes material
under this Act;
69
18. "officer" means a conservation officer or a deputy
conservation officer and includes a member of the
Ontario Provincial Police Force or any other person
authorized to enforce this Act;
19. "Ontario Fishery Regulations" means the Ontario
Fishery Regulations made under the Fisheries Act^-f-^-'^^^^'
(Canada) ;
20. "open season" means a specified period during which
specified game or fish may be taken ;
21. "owner", with reference to land, includes any person
who is the owner of an interest in land entitling him
to the possession of it, but does not include the
holder of a timber licence;
22. "pelt" means the untanned skin of a fur-bearing
animal;
23. "pheasant" means any of the species Phasianus
colchicus Linnaeus;
24. "rabbit" includes cottontail rabbit, varying hare and
European hare;
25. "regulations" means the regulations made under this
Act;
26. "resident" means a person who has actually resided
in Ontario for a period of at least seven months
during the twelve months immediately preceding the
time that his residence becomes material under this
Act;
27. "snare" means a device for the taking of animals
whereby they are caught in a noose, and "snaring"
has a corresponding meaning;
28. "trap" means a spring trap, gin, deadfall, snare,
box or net used to capture game, and "trapping"
has a corresponding meaning;
29. "vehicle" means a vehicle that is drawn, propelled
or driven by any kind of power, including muscular
power, and includes the rolling stock of a railway;
30. "vessel" means a boat or ship, and includes a skiff,
canoe, punt and raft. R.S.O. 1960, c. 158, s. 1,
amended.
69
APPLICATION
Application
of Act
2, This Act does not apply,
(a) to domestic animals and domestic birds, except
dogs;
(b) to a person taking or destroying a hawk, kingfisher
or owl or any animal, other than a caribou, deer or
moose, on his own lands in defence or preservation
of his property by any means at any time; or
(c) to a person destroying a beaver dam in defence or
preservation of his property. R.S.O. 1960, c. 158,
ss. 2, 36, part, amended.
ADMINISTRATION
Purpose of
the Act
3. The purpose of this Act is to provide for the manage-
ment, perpetuation and rehabilitation of the wildlife resources
in Ontario, and to establish and maintain a maximum wild-
life population consistent with all other proper uses of lands
and waters. New.
Administra-
tion of Act
Revenue
4. The administration of this Act is under the control and
direction of the Minister. R.S.O. 1960, c. 158, s. 3, amended.
5. Except as otherwise provided by this Act, all rentals,
licence fees, fines, penalties, proceeds of the sale of game and
fish and of all property forfeited, and other receipts, fees and
revenues under this Act or the regulations, or under any
licence or instrument authorized by or under this Act, shall be
paid to the Treasurer of Ontario. R.S.O. 1960, c. 158, s. 77,
amended.
Slre*° 6.— (1) Land may be acquired under The Public Works Act
r'^s o"?960 ^^^ ^^^ purposes of management, perpetuation and rehabilita-
0. 338 tion of the wildlife resources in Ontario.
Idem
(2) The Minister on behalf of Her Majesty in right of
Ontario may receive and take from any person by grant,
gift, devise, bequest or otherwise any property, real or personal,
or any interest therein for the purposes mentioned in sub-
section 1. 1960-61, c. 32, s. 1, amended.
ment^of' 7. — (1) The Minister may appoint conservation officers
tkTn^o'^mcers for carrying out this Act and the regulations. New.
Deputy con-
servation
officers
(2) The Minister may appoint deputy conservation officers
in and for any part of Ontario to serve without remuneration.
69
(3) Every appointment under subsection 2 shall be for the Termination
period stated in the appointment. R.S.O. 1960, c. 158, s. 4, ments
amended.
8. — (1) An officer may, without a search warrant, Search of
^ ■' ' vehicles,
vessels, etc.
(a) stop, enter and search any aircraft, vehicle or vessel;
{h) enter and search any fishing, hunting, mining,
lumber or construction camp, or any office of any
common carrier, or any premises where pelts are
bought or sold; and
(c) open and inspect any trunk, box, bag, parcel or
receptacle,
if he has reasonable grounds to believe that any of them
contains any game or fish killed, taken, shipped or had in
possession in contravention of this Act or the regulations, the
Ontario Fishery Regulations or the Migratory Birds Convention R.s.c. 1952,
Act (Canada) or the regulations made under that Act.
(2) An officer who has reasonable grounds to believe that Search
it is necessary to enter any building which by this Act he jg^^'"'"^'^
not authorized to enter without a search warrant shall make a
deposition before a justice of the peace, and, where the justice
is satisfied that there is reasonable ground for believing that
there is in the building,
{a) anything upon or in respect of which an oflFence
against this Act or the regulations has been or is
suspected to have been committed ; or
{b) anything which there is reasonable ground to be-
lieve will afford evidence as to the commission of
any such ofifence,
he may at any time issue a search warrant.
(3) An officer may use as much force as is necessary for use of
him to exercise the powers conferred upon him by subsection 1
or in the execution of a search warrant issued under sub-
section 2. R.S.O. 1960, c. 158, s. 6 (1, 2), amended.
9. An officer on view may arrest without process any Arrest on
person found committing a contravention of this Act or of
the regulations, in which case he shall bring him with reason-
able diligence before a competent court to be. dealt with
according to law. R.S.O. 1960, c. 158, s. 6 (3).
69
Entry upon iQ, An officer in the discharge of his duties and any
property person by him accompanied or authorized for the purpose
may enter upon and pass through or over private lands with-
out being Hable for trespass. R.S.O. 1960, c. 158, s. 6 (4),
amended.
Authority n. An officer shall investigate all contraventions of this
Act and the regulations brought to his notice and may
prosecute any person who he has reasonable cause to believe
is guilty of an offence against this Act. R.S.O. 1960, c. 158,
s. 6 (6), amended.
Obstructing 12. No person shall obstruct, hinder or delay or interfere
with an officer in the discharge of his duty by violence or
threats or by giving false information, or in any other manner.
R.S.O. 1960, c. 158, s. 6 (8).
to"stop^*^ 13. An officer may stop a vehicle or vessel for the purpose
vehicles, q(
vessels '
{a) determining whether the occupants of the vehicle
or vessel have been hunting or fishing; or
{b) obtaining information as to the number and species
of game or fish taken. New.
ms^^ctionof ^^* ^*-* person shall refuse to allow an officer to examine
documents any book, invoice or document containing any entry or
memorandum relating to game or fish that the officer suspects
of being taken or possessed in contravention of this Act or
the regulations, the Ontario Fishery Regulations or the
^'i79*^^^^' Migratory Birds Convention Act (Canada) or the regulations
made under that Act, and he shall afiford every reasonable
facility for the examination, and, upon refusal, the officer
may, without a search warrant, break any lock or fastening
that may be necessary in order to conduct the examination
and remove any such book, invoice or document to safe-
keeping. R.S.O. 1960, c. 158, s. 70, part, amended.
game'^an'd 1^* — (1) -^^y game or fish suspected of having been taken
^ro^'^rtv ^^ possessed and any thing, except an aircraft, vehicle or
vessel, suspected of having been used in contravention of this
Act or the regulations, the Ontario Fishery Regulations or
the Migratory Birds Convention Act (Canada) or the regula-
tions made under that Act, shall be seized.
ffrcraf1;°etc (2) An aircraft, vehicle or vessel,
{a) suspected of having been used; or
69
(b) used in transporting game or fish suspected of having
been taken or possessed,
in contravention of this Act or the regulations, the Ontario
Fishery Regulations or the Migratory Birds Convention Actf'-f;^^'^^^^"
(Canada) or the regulations made under that Act may be
seized.
(3) Upon conviction, any property seized under this section Forfeiture
is forfeited to the Crown in right of Ontario as represented by seized^^'^*^
the Minister. R.S.O. 1960, c. 158, s. 81 (1), amended.
GENERAL PROVISIONS
16. No person shall for hire, gain or reward, or hope hunting for
thereof, hunt game, or employ, hire or for valuable considera- wbited
tion, induce any other person to hunt game. R.S.O. 1960,
c. 158, s. 48.
17. — (1) No person shall hunt or fish or with any gun or Entry after
sporting implement, fishing rod or tackle in his possession go
upon any enclosed or unenclosed land or water after he has
had oral or written notice not to hunt or fish thereon by the
owner or by a person authorized by the owner to give such
notice.
(2) No person shall, wrongful
^ J t^ ' erection or
destruction
(a) without authority give or cause to be given the
notice mentioned in subsection 1 ; or
(b) tear down, remove, deface, damage or interfere with
any notice put up, posted or placed pursuant to sub-
section 1. R.S.O. 1960, c. 158, s. 66 (2, 3), amended.
(3) No person shall, for the purpose of hunting or fishing. Growing
enter into or allow a dog to enter into growing or standing °'"°^^
grain or any other crop, whether of one kind or not, without
the permission of the owner or a person authorized by the
owner to give such permission.
(4) No person in a party of more than twelve persons shall ^"t4^^^ ^^
hunt or with any gun or sporting implement enter upon any e^c^eeding
enclosed or unenclosed land in a county without the per-
mission of the owner or a person authorized by the owner to
give such permission.
Entry on
(5) No person shall without authority enter or attempt tOusecT^r*'^
enter upon lands owned by the Crown that are used for the or°retahUn|
purpose of propagating or retaining game or fish. ||g^® °^
69
?f^nat^ces°'^ (^) ^^ person shall tear down, remove, damage, deface or
or signs interfere with any notice or sign of the Department put up,
posted or placed for the purposes of this Act. R.S.O. 1960,
c. 158, s. 65 (1-4), amended.
Common (7) Nothing in this section limits or in any way affects the
for trespass remedy at common law of an owner for trespass. R.S.O. 1960,
c. 158, s. 65 (5).
apprehension (8) Every person found contravening any provision of this
section may be apprehended without warrant by a constable
or by the owner of the land on which the contravention takes
place, or by the servant of or by any person authorized by such
owner, and be taken forthwith to a justice of the peace to be
dealt with according to law. R.S.O. 1960, c. 158, s. 66 (5) ;
1960-61, c. 32, s. 10, amended.
Offence of
hunting
carelessly
18. Every person is guilty of the oflFence of hunting care-
lessly who, being in possession of an air-gun or fire-arm for
the purpose of hunting, discharges or causes to be discharged
or handles such air-gun or fire-arm without due care and
attention or without reasonable consideration for persons or
property and is liable to a fine of not more than $1,000 or to
imprisonment for a term of not more than six months, or to
both. 1960-61, c. 32, s. 11, amended.
Use of
aircraft
19. Except as provided in the regulations, no person shall
use an aircraft while hunting. R.S.O. 1960, c. 158, s. 59,
amended.
hi^lame^^ 20.— (1) No person, while engaged in hunting or trapping
areas game or while going to or returning from a hunting camp or
locality that game inhabits or where game is usually found,
shall,
(a) have a loaded air-gun or fire-arm in or on, or dis-
charge the same from, an aircraft or a vehicle; or
{b) discharge an air-gun or fire-arm from or across the
travelled portion of a highway, road, street, avenue,
parkway, driveway, square, place, bridge, viaduct
or trestle, used or intended for use by the public for
the passage of vehicles. R.S.O. 1960, c. 158, s. 60 (1),
amended.
(2) Except as otherwise provided in the Migratory Birds
Convention Act (Canada) or the regulations made under that
C.179' ' Act, no person shall have a loaded air-gun or fire-arm in or
on or discharge the same from a power-boat. R.S.O. 1960,
c. 158, s. 60 (2).
Fire-arms
in power-
boats
69
(3) A fire-arm having an unfired shell or cartridge in the J^^^fJ^P™"
chamber or in a magazine attached to the fire-arm shall be
deemed to be loaded within the meaning of this section.
R.S.O. 1960, c. 158, s. 60 (3), amended.
21. Notwithstanding section 19 and clause a of subsection 1 woives^^
of section 20, wolves may be hunted from an aircraft or a
vehicle under the authority of a licence issued by the Minister
and subject to such terms and conditions as are prescribed
by the regulations. R.S.O. 1960, c. 158, s. 61, amended.
22. In a locality that game usually inhabits or in which ^s^'^o^guns'^
game is usually found, no person shall have an air-gun or fire-
arm in his possession for the purpose of hunting unless it is
unloaded and encased between one-half hour after sunset and
one-half hour before sunrise of any day. R.S.O. 1960, c. 158,
s. 47, cl. {a), amended.
23. Notwithstanding section 22, the holder of a licence to J^^^^p^jJ^"^-
hunt raccoon may possess or use a fire-arm for the purpose ^""^ti^g
of hunting raccoon during the open season therefor when
accompanied by a dog licensed therefor. R.S.O. 1960, c. 158,
s. 47, cl. {d), amended.
24. No person shall hunt any animal or bird with a repeat- ^"^^^^^g"
ing, automatic or auto-loading shot-gun that has not been
permanently plugged or altered so that it is incapable of hold-
ing a total of more than three shells at one time in the chamber
and magazine. R.S.O. 1960, c. 158, s. 62.
25. — (1) Except as provided in the regulations, no person ||JJ"Y^^'
shall hunt, trap or possess, or attempt to trap, any animal provincia
or bird in a provincial park or in a Crown game preserve.
(2) Except as provided in the regulations, no person shall ^®^P°J||/'^
possess in a provincial park or in a Crown game preserve any parks
trap, explosive, gun or sporting implement. R.S.O. 1960,
c. 158, s. 11, amended.
26. Except as provided in the regulations, no person shall prohibited
take or kill or attempt to take or kill any animal by means
of poison. R.S.O. 1960, c. 158, s. 46, amended.
27. Except as provided in the regulations, no person shall Ferrets
use a ferret in hunting game animals. R.S.O. 1960, c. 158,
s. Z2> (10), amended.
28. No person who has taken or killed an animal, bird or Flesh not to
fish suitable for food shall allow the flesh to be destroyed or
spoiled. R.S.O. 1960, c. 158, s. 58, part.
69
10
i^Jfonld^ 29. Without the written authority of the Minister, no
stock person shall release into natural cover any animal or bird
imported into Ontario or propagated from stock imported
into Ontario. R.S.O. 1960, c. 158, s. 49 (2).
Kam*e^"°'' 30. Nothing in this Act prevents the bringing of game
into Ontario from a place outside Ontario or the possession
in Ontario of game taken outside Ontario if the game was
legally taken. R.S.O. 1960, c. 158, s. 49 (1), amended.
Hotels,
restaurants,
etc.
31. Except with the written authority of the Minister, no
hotel, restaurant, boarding-house or other commercial prem-
ises shall mention on a bill of fare or serve any game, other
than game that has been propagated or sold under a licence.
R.S.O. 1960, c. 158, ss. 13, 45, amended.
Offence to
make false
statement
32. Any person who knowingly makes any false statement
in any application, statement under oath, report or return
required by this Act or the regulations is, in addition to any
other penalty for which he may be liable, guilty of an offence
against this Act. R.S.O. 1960, c. 158, s. 25 (9), amended.
LICENCES
Licences
33. Except under the authority of a licence, no person
shall hunt or trap or attempt to trap animals or birds. R.S.O.
1960, c. 158, s. 7 (1), amended.
tiln^lT^""' 34. — (1) No person shall contravene the terms or con-
terms, etc. cJitions of his licence. New.
Transfer of
licence,
coupon or
seal
(2) Except as prescribed by the regulations, no licence
shall be transferred and no person shall buy, sell, exchange
or in any way be a party to the transfer of a 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.
ifc^e^nce dis- ('^) "^he issue of a licence is in the discretion of the
cretionary Minister. R.S.O. 1960, c. 158, s. 25 (1, 3), amended.
Refund of
fees
(4) The Minister may direct the refund of the whole or any
part of the fee paid for any licence where, owing to the licence
not having been used, or having been used for part only of
the period for which it was issued, he deems it just, and the
Treasurer of Ontario, upon the written request of the Minister,
shall cause the refund to be made to the holder of the licence.
R.S.O. 1960, c. 158, s. 76, amended.
of licence (5) The Minister may cancel any licence where an error
of error has been made from any cause when issuing it, and the holder
69
11
has no claim for indemnity or compensation with respect
to it other than the adjustment or refund of any fee collected.
R.S.O. 1960, c. 158, s. 67 (2), amended.
(6) Except as provided in the regulations, no holder of a^i°®^°®jg*^
licence shall hunt game unless at that time he has the licence
on his person. R.S.O. 1960, c. 158, s. 25 (6), part, amended.
(7) The holder of a licence shall produce and show it to^f^^^°*^^
any officer whenever requested by the officer. R.S.O. 1960, on demand
c. 158, s. 25 (4), amended.
(8) The holder of a licence shall wear in a conspicuous wearing of
place on his person any badge that is furnished to him by ^ ^^
the Department at the time of the issue of the licence, and
the licence with which a badge is furnished at the time of issue
is not valid unless the holder is wearing the badge in the
manner required by this subsection. R.S.O. 1960, c. 158,
s. 25 (6), part, amended.
(9) The holder of a licence obtained by any false or mis- Licence
ij. ^ . ^ ,. r • e ■ • \ obtained by
leaumg statement made m respect or any miormation required misrepre-
for the issue of the licence shall be deemed to be the holder of ^^^ * ^°
a void licence and the holder may be prosecuted under this Act
in the same manner and with the same effect as he could be
prosecuted if he were not the holder of a licence. R.S.O.
1960, c. 158, s. 25 (8), amended.
35. Except as prescribed by the regulations, no licence Minors
shall be issued to any person under the age of sixteen years.
R.S.O. 1960, c. 158, s. 9.
36. — (1) No person shall issue any licence or collect any issuers of
fee in respect thereof unless authorized by the Minister.
(2) No issuer of licences shall issue and no person shall not^fol^e
possess a hunting licence that does not exhibit the name of issued in
the holder or that is antedated or undated. R.S.O. 1960,
c. 158, s. 26, amended.
(3) Every issuer of licences shall keep such records andf^f'^ake
make such returns relating thereto as are prescribed by the''®*"'""^
regulations. New.
37. — (1) The Minister may in writing authorize any town- To^'^ship
ship to pass by-laws for issuing and fixing the maximum num-to hunt
ber of licences to hunt, during the open season, pheasants, etc.
rabbits and foxes and for charging such fees therefor as he
authorizes, and the Minister may fix the mininmm number
of such licences that the by-law shall provide for.
69
12
township (^) Where a township has passed a by-law under subsec-
licence tion 1, no person shall hunt pheasants, rabbits or foxes in the
township during the open season without a licence from the
township. R.S.O. 1960, c. 158, s. 27.
n^en^e^ °^ (3) Where a township has passed a by-law under sub-
section 1, the Minister may in writing authorize the township
to pass a further by-law to provide that a licence to hunt
animals and birds not protected by this Act or the regulations
"^"179' ^^^^' or the Migratory Birds Convention Act (Canada) or the regula-
tions made under that Act, during the period between the 1st
day of March and the 31st day of August, is not valid in that
township unless it is signed by the township clerk or by a
person authorized by him. New.
GAME ANIMALS
Open
seasons
38. — (1) Except under the authority of a licence and during
such times and on such terms and conditions and in such parts
of Ontario as are prescribed by the regulations, no person
shall hunt black bear, polar bear, caribou, deer or moose.
R.S.O. 1960, c. 158, s. 29; 1960-61, c. 32, s. 3, amended.
ofY/cences*^ (2) Except as prescribed by the regulations, no person
shall be the holder of more than one licence to hunt caribou,
deer or moose in any year. R.S.O. 1960, c. 158, s. 25 (7),
amended.
Caribou,
deer and
moose that
may be
taken
39. — (1) Subject to subsections 2, 3 and 4, no person shall,
during the open season, take or kill more than one caribou
under a licence to hunt caribou, one deer under a licence to
hunt deer, or one moose under a licence to hunt moose.
R.S.O. 1960, c. 158, s. 31 (1), amended.
Exception,
party
hunting
caribou
(2) Where two or more persons who hold licences to hunt
caribou are hunting as a party, any member of the party may
take or kill the number of caribou that is equal to the number
of such licences held by the members of the party, but in
no case shall the total number of caribou taken or killed
by the members of the party exceed the total number of
such licences held by the members of the party. New.
Exception,
party
hunting
deer
(3) Where two or more persons who hold licences to hunt
deer are hunting as a party, any member of the party may
take or kill the number of deer that is equal to the number of
such licences held by the members of the party, but in no case
shall the total number of deer taken or killed by the members
of the party exceed the total number of such licences held
by the members of the party. R.S.O. 1960, c. 158, s. 31 (2).
69
13
(4) Where two or more persons who hold licences to hunt Exception.
moose are hunting as a party, any member of the party may hunting
take or kill the number of moose that is equal to the number '^°°®®
of such licences held by the members of the party, but in no
case shall the total number of moose taken or killed by the
members of the party exceed the total number of such licences
held by the members of the party. 1960-61, c. 32, s. 4.
40. No person shall take or kill a black bear, polar bear, ^^^res etc^'
caribou, deer or moose by means of a trap, net, baited line or prohibited
other similar contrivance or set any of them for any such
animal. R.S.O. 1960, c. 158, s. 33 (8); 1960-61, c. 32, s. 5,
amended.
41. No person shall hunt a caribou, deer or moose while ^^j^J^'"^
it is swimming. R.S.O. 1960, c. 158, s. 30 (5), cl. (b), amended, ^^'^^or'
42. Except under the authority of a licence and during ^"nting,
,. ^ , , , ,. . ,. , ** trapping,
such times and on such terms and conditions and in such parts etc.
of Ontario as the Minister prescribes, no person shall hunt
or trap or attempt to trap any rabbit or any black, grey or
fox squirrel. R.S.O. 1960, c. 158, s. 30 (4), part, amended.
43. — (1) Except under the authority of a licence and sub-i^c|^ce
ject to the regulations, no person shall sell a game animal of a game
or possess a game animal for sale. R.S.O. 1960, c. 158, s. 45,
amended.
(2) Subsection 1 does not apply to European hare or^^"®^*'^'^
varying hare. New.
44. Except with the written authority of the Minister, ofg^^g
no person shall, during a closed season, take a game animal animal for
for educational or scientific purposes. R.S.O. 1960, c. 158, purposes
s. 18, amended.
45. Notwithstanding anything in this Act, any person Pg^^^'^|^^
may under the authority of a licence sell the meat of a bear
if taken lawfully, and any person may without a licence
possess or buy any bear meat for his own use. R.S.O. 1960,
c. 158, s. 15, part.
GAME BIRDS
46. Except under the authority of a licence and during ^^^^^f^^^
such times and on such terms and conditions and in such parts «*^-
of Ontario as are prescribed by the regulations, no person shall
hunt ruffed grouse, spruce grouse, Hungarian partridge,
pheasant, sharp-tailed grouse, greater prairie-chicken, ptarmi-
gan, bob-white quail or wild turkey. R.S.O. 1960, c. 158,
s. 38 (1), amended.
69
14
Hunting
birds
47. No person shall hunt any game bird during the closed
season or any other bird at any time, except crows, cow-
birds, blackbirds, starlings and house-sparrows. R.S.O. 1960,
c. 158, s. 40, amended.
wiares^"^*^ ^^' -^o person shall use, set or maintain a net, trap,
prohibited spring, cage or other similar contrivance for the purpose of
taking or killing any game bird. R.S.O. 1960, c. 158, s. 41,
amended.
Use of rifle
to hunt
pheasant
prohibited
49. No person shall hunt pheasant with a rifle.
1960, c. 158, s. 63.
R.S.O.
propagation. 50. Except under the authority of a licence and subject
game-birds ^^ ^^^ regulations, no person shall propagate or sell a game
bird or possess a game bird for propagation or sale. R.S.O.
1960, c. 158, s. 17 (1), amended.
huiSfng^'^'^ 51. Except under the authority of a licence and subject
preserves to the regulations, no person shall own or operate a game
bird hunting preserve. R.S.O. 1960, c. 158, s. 39, amended.
Eggs and
nests
protected
52. No person shall take, destroy or possess the eggs or
nests of any game bird, except with the written authority of
the Minister to take, destroy or possess the eggs or nests for
educational or scientific purposes. R.S.O. 1960, c. 158, s. 43,
amended.
FUR-BEARING ANIMALS
Hunting,
trapping,
etc.
53. Except under the authority of a licence and during
such times and on such terms and conditions and in such parts
of Ontario as the Minister prescribes, no person shall hunt
or trap or attempt to trap a beaver, fisher, fox, lynx, marten,
muskrat, otter or raccoon. R.S.O. 1960, c. 158, s. 30 (4), part,
amended.
Licence to
trap
54. — (1) The Minister may, in a licence to hunt or trap
fur-bearing animals,
{a) fix the number of each species of fur-bearing animal
that may be taken thereunder; and
(6) designate the area in which fur-bearing animals may
be taken thereunder by the holder of the licence.
Idem (2) The Minister may limit the number of licences to hunt
or trap fur-bearing animals in any area. R.S.O. 1960, c. 158,
s. 10 (1, 2), amended.
69
15
(3) No non-resident shall be the holder of a licence to^°^gj^j.g
hunt or trap fur-bearing animals. R.S.O. 1960, c. 158, s. 25 (5),
amended.
(4) The holder of a licence to hunt or trap fur-bearing ^"^^^j^"*^
animals may sell any fur-bearing animal taken by him under
the authority of the licence or the pelt of any such animal.
(5) Subject to sections 25 and 37, the holder of a licence ^g^^^P^^^^^
to hunt or trap fur-bearing animals may, under the authority trappers
of that licence and without any other licence, hunt, in the
area described in the licence during the open seasons between
the 15th day of October and the 30th day of June in the year
next following, any bird or animal, other than caribou, deer
or moose.
(6) A farmer or any of his family residing with him upon Exceptions
his lands may without a licence hunt or trap thereon fur- farmers
bearing animals during the open seasons and may hunt
thereon birds or animals, other than caribou, deer or moose,
during the open seasons, and, subject to this Act, any farmer
may without a licence sell the fur-bearing animals so hunted
or trapped or the pelts thereof, but he shall keep such records
and make such returns relating thereto as are prescribed by
the regulations. R.S.O. 1960, c. 158, s. 7 (2-4), amended.
55. Where a person has taken or killed any fur-bearing ^^"^^/^
animal in the closed season on his own lands in defence or oPproperty'^
preservation of his property, he shall within ten days thereof ■
report the facts to the Department, and he shall not offer
the pelt of such fur-bearing animal for sale or barter during
the closed season except under a licence, and any fur dealer
possessing such a pelt shall hold the licence and forward it
to the Department when applying for a licence to ship it out
of Ontario or to dress or tan it. R.S.O. 1960, c. 158, s. 36,
part, amended.
56. Except as prescribed by the regulations, no person ^^^^^'^^
shall during the closed season have in his possession or in '^^f^^'^j^ ^^
that of his servant or agent, or in that of any other person closed
on his behalf, any fur-bearing animal wherever killed,
(a) except that a pelt of an animal killed in Ontario may
be possessed during the closed season under a licence
if applied for within ten days after the end of the
open season in which it was killed, but this clause
does not apply to the pelts of beaver, fisher, lynx,
marten, mink and otter that have been sealed or
marked in accordance with this Act or to the pelts
of mink raised on a fur farm ; and
69
16
Licences:
(b) except that a pelt of an animal killed outside Ontario
may be possessed during the closed season under a
licence if applied for within forty-eight hours after
the pelt is received. R.S.O, 1960, c. 158, s. 44,
els. {b, c), amended.
57. — (1) Except under the authority of a licence, no person
shall,
fur tanner's
fur dealer's
(a) engage in or carry on, or be concerned in, the
tanning, plucking or treating of pelts; or
(b) possess, engage in or carry on, or be concerned in,
the trading, buying or selling of fur-bearing animals
or pelts. R.S.O. 1960, c. 158, s. 12 (1), els. (c, d),
amended.
between^^^ (2) No holder of a licence under clause b of subsection 1
delfere^ ^^^ ^^^'^ ^^^'' ^^^^^ or barter, or be concerned in the selling,
trading or bartering, of pelts to or with any other person in
Ontario except where that other person holds a licence under
clause 6 of subsection 1. R.S.O. 1960, c. 158, s. 12 (2), amended.
Sealing and
marking of
skins and
pelts
58. — (1) The pelts of beaver, fisher, lynx, marten, mink
and otter shall be sealed or marked by a duly authorized
person before sale, and no person licensed under clause b of
subsection 1 of section 57 shall have unsealed or unmarked
beaver, fisher, lynx, marten, mink or otter pelts in his
possession.
Exception
(2) Subsection 1 does not apply to the pelts of mink raised
on a fur farm.
Offence
(3) No person shall present or permit to be presented for
sealing or marking the pelt of a beaver, fisher, lynx, marten,
mink or otter that was not taken by him under the authority
of his licence to hunt or trap fur-bearing animals or under
subsection 6 of section 54.
Idem
(4) No person shall be party to having or attempting to
have sealed or marked the pelt of a beaver, fisher, lynx,
marten, mink or otter that was not taken under the authority
of the licence that is presented with the pelt. R.S.O. 1960,
c. 158, s. 30 (1-3), amended.
59. Except under the authority of a licence, no person
Licence for
propagation
bearhig shall propagate a fur-bearing animal or possess a fur-bearing
animal animal for propagation. R.S.O. 1960, c. 158, s. 17 (1),
amended.
69
17
60. Subject to section 2 and except under the authority Dens of
of a hcence to hunt or trap fur-bearing animals, no person Intolfs"'^^
shall molest, damage or destroy,
(a) a den or usual place of habitation of a fur-bearing
animal, other than that of a fox or skunk; or
(b) a beaver dam. R.S.O. 1960, c. 158, s. 33 (7), amended.
61. — (1) No person shall take or ship or attempt to take Royalties
or ship to a point outside Ontario any fur-bearing animal ^^^^
or its pelt without a licence and without paying the royalty
prescribed by the regulations.
(2) No person shall send or have sent any fur-bearing i^^em
animal or its pelt to a tanner or taxidermist to be tanned,
plucked or treated in any way without a licence and without
paying the royalty prescribed by the regulations. R.S.O.
1960, c. 158, s. 28 (1), amended.
62. No person who has taken or killed a fur-bearing animal ^^1*^ ^^^
shall allow the pelt to be destroyed or spoiled. R.S.O. 1960, destroyed
c. 158, s. 58, part.
63. Notwithstanding anything in this Act, any person may Dealing in
under the authority of a licence sell the meat of a beaver, etc.
muskrat or raccoon if taken lawfully, and any person may
without a licence possess or buy any such meat for his own
use. R.S.O. 1960, c. 158, s. 15, part.
FISH
64. — (1) No person shall sell, offer for sale, purchase or No traffic
barter, or be concerned in the sale, purchase or barter, of an flsh
Atlantic salmon (also known as ouananiche) taken from
Ontario waters, a small-mouthed black bass, large-mouthed
black bass, maskinonge, speckled trout, brown trout, rainbow
trout, Kamloops trout or Aurora trout, but, under the author-
ity of a licence and subject to such terms and conditions as
are prescribed by the regulations, a person may sell,
(a) small-mouthed black bass, large-mouthed black bass,
speckled trout, brown trout, rainbow trout, Kam-
loops trout and Aurora trout for the purpose of
stocking; and
{b) speckled trout, brown trout and rainbow trout for
human consumption. 1960-61, c. 32, s. 8, amended.
(2) No person shall sell, offer for sale, purchase or barter, T-^^^
or be concerned in the sale, purchase or barter, of yellow
69
Idem
18
pickerel (also known as pike-perch or dor6), pike, lake trout
or sturgeon taken from Ontario waters by angling or taken
in any other manner by a person without a licence.
(3) No person shall buy, sell or possess a fish or part of a
fish taken from Ontario waters during the closed season for
that fish. R.S.O. 1960, c. 158, s. 53 (2, 3), amended.
possessi*on 65. — (1) Except under the authority of a licence, no person
shall possess a gill, hoop, pound, seine, trap or trawl net.
Idem (2) No person shall sell a gill, hoop, pound, seine, trap or
trawl net to any person not the holder of a commercial fishing
licence or a licence under subsection 1. R.S.O. 1960, c. 158,
s. 21, amended.
Waters set QQ^ Nq person shall take or attempt to take fish by any
means from waters set apart for the conservation or propaga-
tion of fish, but the Minister may, in writing, authorize fish
to be taken from such waters for scientific purposes. R.S.O.
1960, c. 158, s. 52 (1), amended.
Right to
fish
67. The ownership of the bed of a navigable water or of a
lake or river does not include the exclusive right of fishing in
the water that covers or flows over the bed unless that ex-
clusive right is expressly granted by the Crown. R.S.O. 1960,
c. 158, s. 56 (1), amended.
DOGS
Use of
dogs in
hunting
deer, etc.
68. Except under the authority of a licence issued for the
dog, no person shall use or be accompanied by a dog while
hunting caribou, deer or moose. R.S.O. 1960, c. 158, s. 34 (1),
amended.
Dogs
running at
large, etc.
69.— (1) No person owning, claiming to own or harbouring
a dog shall allow it to run at large during the closed season
for deer in a locality that deer usually inhabit or in which
they are usually found, and a dog found running deer during
the closed season for deer in such a locality may be killed on
sight by an officer without incurring any liability or penalty
therefor. R.S.O. 1960, c. 158, s. 34 (4, 5), amended.
dogs^n (2) No person shall use or be accompanied by a dog while
prohibi^^d^^ hunting deer in a part of Ontario that is designated by the
in de^signated regulations, and a dog found running at large in such a desig-
nated part of Ontario may be killed on sight by an officer
without incurring any liability or penalty therefor. R.S.O.
1960, c. 158, s. 34 (3), amended.
69
19
70. Except in a field trial approved in writing by the ^g^^^^J'^^^^^^g
Minister, no person owning, claiming to own or harbouring
a dog shall allow it to molest or follow upon the track of any
game bird during the months of April, May, June and July
in any year or disturb its nest at any time. R.S.O. 1960,
c. 158, s. 42, amended.
LIVE GAME AND WOLVES
71. — (1) Except under the authority of a licence issued on Live game
such terms and conditions as are prescribed by the regulations, captivuy
no person shall keep live game or a wolf in captivity for more
than fourteen days. New.
(2) Live game or a wolf kept in captivity contrary to this Seizure of
section and any cage, pen, crate, shelter or other enclosure cages, etc.
used in connection therewith shall be seized, and, upon convic-
tion of the person in possession or control thereof, becomes
the property of the Crown in right of Ontario and may be
disposed of by the Minister.
(3) This section does not apply where live game or a wolf ^^PJ^^^^fQ^^"^
is kept in captivity in a public zoo or for scientific or educa-
tional purposes in a public institution. R.S.O. 1960, c. 158,
s. 20 (5, 6), amended.
TRANSPORTATION AND EXPORT
72. — (1) No non-resident entitled to hunt under a licence Export
shall export more game than the number he is authorized toby non-
possess by this Act or the regulations or the Migratory Birds^-^g q ^ggg^
Convention Act (Canada) or the regulations made under that^- i'^^
Act. R.S.O. 1960, c. 158, s. 50 (1), amended.
(2) No person shall ship or transport or cause to be shipped o/lgh^"''*
or transported, or receive or possess for shipment or transport, or game
fish or game caught, taken or killed in Ontario during the taken
closed season. R.S.O. 1960, c. 158, s. 72 (1), cl. {d), amended.
(3) The Minister may issue a permit not inconsistent with Transport
1 r ^ 1 r r\ • ^^ game
any law of Canada to export from Ontario or to transport under
in Ontario at any time any game, whether dead or alive, upon
proof under oath satisfactory to him that the game has been
lawfully taken. R.S.O. 1960, c. 158, s. 75, amended.
73. No person shall ship or transport or cause to be Receptacles
shipped or transported, or receive or possess for shipment or marked
transport, a receptacle containing game or fish that is not
plainly marked on the outside in such a manner as to give
a description of the contents and the name and address of the
consignee and of the consignor. R.S.O. 1960, c. 158, s. 73,
amended.
69
20
PROCEDURE
Offence
74. A contravention of this Act or the regulations or of
the terms and conditions of a licence is an offence against this
Act. R.S.O. 1960, c. 158, s. 78 (3), amended.
Description
of offence
75. The description of an offence in the words of this
Act or of the regulations, as the case may be, or in any words
to the like effect, is sufficient, and an information may be
for more than one offence, and more than one offence may
be set out in one count. R.S.O. 1960, c. 158, s. 78 (4), amended.
Similar
offence on
the same
day
76. Where in a prosecution under this Act it appears in
evidence that more than one offence of the same kind was
committed at the same time or on the same day, the court
shall in one conviction impose all the penalties at the same
time. R.S.O. 1960, c. 158, s. 78 (6).
Procedure
R.S.O. 1960,
c. 387
77. Except where otherwise provided, The Summary Con-
victions Act applies to all prosecutions under this Act. R.S.O.
1960, c. 158, s. 78 (9).
Money
payment as
security for
appearance
in court
R.S.C.
c. 179
1952,
78. — (1) The Minister may authorize any officer to collect
a money payment as security for appearance in court from any
person against whom the officer is about to lay an information
for an offence against this Act or the regulations, the Ontario
Fishery Regulations, the Migratory Birds Convention Act
(Canada) or the regulations made under that Act.
Disposition
of money
payments
(2) Where a money payment has been collected under sub-
section 1 and the person charged does not appear in court,
he may be tried in absentia and, upon conviction, whether or
not he has appeared in court, the money payment shall be
applied to the payment of any fine imposed and the costs,
and the balance, if any, shall be remitted to the person
convicted, and, where no conviction is made, the money
payment shall be remitted to the person who made it. New.
Disposition
of forfeited
property
79. — (1) All property forfeited to the Crown under this
Act may be disposed of by the Minister, and, where the
seizure has been made from a person unknown, perishable
game or fish may be disposed of forthwith, and any other
property seized may be disposed of by the Minister after the
expiration of thirty days. R.S.O. 1960, c. 158, s. 81 (1), part,
amended.
Relief from
forfeiture
(2) Where the Minister is satisfied that the forfeiture of
any property, other than game or fish, would work undue
hardship or injustice, he may grant relief from forfeiture.
69
21
in whole or in part, and direct its return to the person from
whom it was taken upon such terms and conditions as he
deems proper. R.S.O. 1960, c. 158, s. 81 (3), amended.
80. — (1) Upon the conviction of any person of an offence ^^J^^l^^f^^^^"^
against this Act or the Ontario Fishery Regulations, any of licences
licence, except a licence to hunt, other than a licence to hunt conviction
or trap fur-bearing animals, which is held by him and which
is related to the offence, shall be deemed to be cancelled
without further action or notice, but the Minister may revive
the licence upon such terms and conditions as he deems
proper.
(2) Upon the conviction of any person of an offence against ^ncf °^rcH*^°"
this Act or under The Forest Fires Prevention Act, the Migratory hibition
Birds Convention Act (Canada) or the regulations made under issue of
that Act, or under section 165, 191, 192, 193, 372, 373, 374,^^^0^960
375, 377, 383, 384, 385 or 386 of the Criminal Code (Canada) c"i52;
J J ^ J f ^- ^ ^- -^^ J R.S.C. 1952,
as amended or re-enacted from time to time, committed o. 179 ;
while using or in possession of an air-gun or fire-arm for thCc. 51 (c'an.)
purpose of hunting, the court may cancel any licence to hunt,
except a licence to hunt or trap fur-bearing animals, issued to
such person, and, upon such conviction, the court may order
that such person shall not apply for or procure any licence
to hunt, except a licence to hunt or trap fur-bearing animals,
during the period stated in the order. R.S.O. 1960, c. 158,
s. 81 (5, 6), amended.
(3) Every person who fails to comply with an order made Offence
against him under subsection 2 is guilty of an offence against
this Act. R.S.O. 1960, c. 158, s. 81 (7).
81. In prosecutions under this Act in respect of,
(a) taking, killing, procuring or possessing game or fish,
or any part thereof, the onus is upon the person
charged to prove that the game or fish or part thereof
was lawfully taken, killed, procured or possessed by
him;
{b) hunting or trapping, the possession of a gun, decoy
or other implement for hunting or trapping in or
near a place that game inhabits or where game is
usually found is prima facie proof that the person
in possession of it was hunting or trapping, as the
case may be; or
(c) making of returns by a licensee or an issuer of
licences, the production of a return is .prima facie
proof of the making of such return and the contents
thereof. R.S.O. 1960, c. 158, s. 79, amended.
69
Evidence
22
pe^naity ^^* Except where otherwise provided, every person who
commits an offence against this Act is hable to a fine of not
more than $1,000. New.
REGULATIONS
iby^Ltf Gov. ^^' 'The Lieutenant Governor in Council may make regu-
in Council ' lations,
1. estabHshing classes for licences referred to in this
Act or the regulations or the Ontario Fishery Regu-
lations, governing the issue, form, renewal, transfer,
refusal and cancellation of licences or any class of
them, prescribing their duration, territorial limita-
tions, terms and conditions and the fees payable
therefor, and limiting the number of licences of any
class that may be issued ;
2. respecting the issue of licences to trap fur-bearing
animals on Crown lands and dividing Ontario or
any part thereof into trap-line areas and designating
such areas by identifying numbers and initials;
3. providing for licensing persons to hunt in any pro-
vincial park in which hunting is permitted under
paragraph 14 or on Crown lands in any part of
Ontario designated under paragraph 15;
4. prescribing the terms and conditions upon which
licences may be issued to persons under sixteen years
of age;
5. declaring animals, other than those mentioned in
paragraph 8 of section 1, to be fur-bearing animals;
6. governing the sale of or traffic in any game, prescrib-
ing the fees payable for a seal, tag or other means of
identification that is furnished by the Department
to the holder of a licence to sell any such game,
and requiring such holder to use such seal, tag or
other means of identification in the manner pre-
scribed ;
7. authorizing and regulating the sale of game brought
into Ontario and lawfully hunted or procured
according to the law of the place in which it was
hunted or procured;
8. prescribing the number of game animals, game birds
or fur-bearing animals that may be possessed;
69
23
9. prescribing the open seasons during which and the
terms and conditions upon which black bear, polar
bear, caribou, deer or moose may be hunted;
10. prescribing the open seasons during which and the
terms and conditions upon which ruffed grouse,
spruce grouse, Hungarian partridge, pheasant, sharp-
tailed grouse, greater prairie-chicken, ptarmigan,
bob-white quail or wild turkey may be hunted;
11. designating any parts of Ontario in which no person
shall use or be accompanied by a dog while hunting
deer;
12. limiting the number of licences that may be issued
to own or operate game bird hunting preserves,
prescribing minimum and maximum areas for pre-
serves, requiring and regulating the posting of
boundaries of preserves and the release of game on
preserves, and regulating the spacing of preserves,
the taking or killing of game on preserves and the
use of preserves for hunting;
13. designating parts of Ontario as Crown game pre- .
serves and providing for licensing persons to possess
guns in Crown game preserves;
14. prescribing the conditions under which animals or
birds may be hunted in provincial parks or Crown
game preserves, providing for and regulating the
possession or use of traps, explosives, guns or sporting
implements in provincial parks or Crown game
preserves, and prohibiting the use of motor-boats
for trolling in provincial parks;
15. designating Crown lands on which hunting may be
regulated, limiting and regulating the number of
hunters that may hunt at any time and the hours
during which hunting may be carried on, and prescrib-
ing the fees that may be charged for the use of
equipment and facilities supplied by the Department;
16. designating parts of Ontario as "hinterland areas"
and prohibiting persons, other than residents of the
areas, from entering and travelling about therein
for the purpose of fishing or hunting;
17. prescribing the terms and conditions upon which
aircraft may be used while hunting;
69
24
18. prescribing the terms and conditions upon which
wolves may be hunted from an aircraft or vehicle;
19. prescribing the terms and conditions upon which
a person may use a ferret for hunting game animals;
20. prescribing the terms and conditions upon which
a person may use poison for taking or killing any
animal;
21. regulating or prohibiting the use of snares;
22. regulating, restricting or prohibiting the possession
or use of air-guns or fire-arms for the purpose of
hunting;
23. providing for and establishing a programme to pro-
mote the safe handling of fire-arms by hunters;
24. governing the sale under clause a or 6 of subsection 1
of section 64 of small-mouthed black bass, large-
mouthed black bass, speckled trout, brown trout,
rainbow trout, Kamloops trout or Aurora trout,
prescribing the fees payable for a seal, tag or other
means of identification that is furnished by the
Department to the holder of a licence to sell any such
lish, and requiring such holder to use such seal, tag
or other means of identification in the manner pre-
scribed ;
25. prescribing the royalties payable in respect of fish
or under section 61, and excepting any fish or fur-
bearing animal therefrom;
26. permitting residents of any province extending a
similar right to Ontario residents to be classed as
Ontario residents for the purpose of any specified
licence under this Act;
27. requiring any person to keep such records and make
such reports and returns as are prescribed;
28. respecting any matter necessary or advisable to
carry out effectively the intent and purpose of this
Act. R.S.O. 1960, c. 158, s. 82 (1); 1960-61, c. 32,
s. 12, amended.
Regulations 84. The Minister may make regulations,
by Minister -^ °
1. prescribing the open seasons during which and the
terms and conditions upon which beaver, fisher, fox,
69
25
lynx, marten, mink, muskrat, otter or raccoon may
be hunted or trapped or the pelt of any of them
may be possessed;
2. prescribing the open seasons during which and the
terms and conditions upon which rabbits or black,
grey or fox squirrels may be hunted or trapped ;
3. setting apart waters for the conservation or propa-
gation of fish;
4. regulating or prohibiting the placing of huts on ice
for the purpose of fishing and regulating their use
and requiring and regulating their removal. R.S.O.
1960, c. 158, s. 82 (2), amended.
85. Any regulation may be limited territorially or as to ^|«"Jj^*i°^
time or otherwise. R.S.O. 1960, c. 158, s. 82 (3). limfted
86. The Game and Fisheries Act and The Game and Fisheries c.'iss;
Amendment Act, 1960-61 are repealed. 0^32^^^'
repealed
87. This Act comes into force on a day to be named by the commence-
Lieutenant Governor by his proclamation.
88. This Act may be cited as The Game and Fish >lc^, short title
1961-62.
69
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BILL 69
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
The Game and Fish Act, 1961-62
Mr. Spooner
(Reprinted as amended by the Committee on Game and Fish)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
This is a complete revision of the Act, which was last revised in 1946,
The purpose of the revision is to simplify the Act and to bring it into
line with present administrative practices.
69
BILL 69 1961-62
The Game and Fish Act, 1961-62
HER 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^terpv^
tation
1. "closed season" means a period that is not an open
season ;
2. "deer" includes wapiti (commonly called elk);
3. "Department" means the Department of Lands and
Forests ;
4. "dog" means any of the species Cams familiaris
Linnaeus;
5. "domestic animals and domestic birds" includes any
non-native species kept in captivity, except pheas-
ants, but does not include native species kept in
captivity or non-native species present in the wild
state ;
6. "farmer" means a person whose chief occupation is
farming and,
(a) who is living upon and tilling his own land,
or land to the possession of which he is for
the time being entitled, or
{b) who is a bona fide settler engaged in clearing
land for the purpose of bringing it to a state
of cultivation;
7. "ferret" means any of the domesticated forms of
the old world polecat (Putorius putorius) used for
hunting;
69
8. "fur-bearing animal" means a beaver, fisher, fox,
lynx, marten, mink, muskrat, otter, raccoon, skunk,
red squirrel, weasel, wolverine or any other animal
that the Lieutenant Governor in Council declares
to be a fur-bearing animal, and includes any part of
such animal;
9. "game" means a game animal, game bird or fur-
bearing animal and includes any part of such
animal ;
10. "game animal" means any animal, except a fur-
bearing animal, protected by this Act, and includes
any part of such animal;
11. "game bird" means any bird protected by this Act
^'i79* ^*^^' o'' the Migratory Birds Convention Act (Canada), and
includes any part of such bird ;
12. "game bird hunting preserve" means any area in
which pheasants or other game birds propagated
under a licence are released for hunting purposes;
13. "holder of a licence" means the person named in
the licence;
14. "hunting" includes chasing, pursuing, following after
or on the trail of, searching for, shooting, shooting
at, stalking or lying in wait for, worrying, molesting,
taking or destroying any animal or bird, whether or
not the animal or bird be then or subsequently cap-
tured, injured or killed, and "hunt" and "hunter"
have corresponding meanings;
15. "licence" means an instrument issued under this Act
conferring upon the holder the privilege of doing the
things set forth in it, subject to the conditions,
limitations and restrictions contained in it and in
this Act and in the regulations, but no licence is or
shall operate as a lease;
16. "Minister" means the Minister of Lands and Forests;
17. "non-resident" means a person who has not actually
resided in Ontario for a period of at least seven
months during the twelve months immediately pre-
ceding the time that his residence becomes material
under this Act;
69
18. "officer" means a Conservation Officer or a Deputy
Conservation Officer and includes a member of the
Royal Canadian Mounted Police Force or the
Ontario Provincial Police Force or any other person
authorized to enforce this Act;
19. "Ontario Fishery Regulations" means the Ontario
Fishery Regulations made under the Fisheries ^Ic/^-^^c. 1952,
(Canada) ;
20. "open season" means a specified period during which
specified game or fish may be taken ;
21. "owner", with reference to land, includes any person
who is the owner of an interest in land entitling him
to the possession of it, but does not include the
holder of a timber licence;
22. "pelt" means the untanned skin of a fur-bearing
animal;
23. "pheasant" means any of the species Phasianus
colchicus Linnaeus;
24. "rabbit" includes cottontail rabbit, varying hare and
European hare;
25. "regulations" means the regulations made under this
Act;
26. "resident" means a person who has actually resided
in Ontario for a period of at least seven months
during the twelve months immediately preceding the
time that his residence becomes material under this
Act;
27. "snare" means a device for the taking of animals
whereby they are caught in a noose, and "snaring"
has a corresponding meaning;
28. "trap" means a spring trap, gin, deadfall, snare,
box or net used to capture game, and "trapping"
has a corresponding meaning;
29. "vehicle" means a vehicle that is drawn, propelled
or driven by any kind of power, including muscular
power, and includes the rolling stock of a railway;
30. "vessel" means a boat or ship, and includes a skiff,
canoe, punt and raft. R.S.O. 1960, c. 158, s. 1,
amended.
69
APPLICATION
Application
of Act
2. This Act does not apply,
(a) to domestic animals and domestic birds, except
dogs;
(b) to a person taking or destroying a hawk, kingfisher
or owl or any animal, other than a caribou, deer or
moose, on his own lands in defence or preservation
of his property by any means at any time; or
(c) to a person destroying a beaver dam in defence or
preservation of his property. R.S.O. 1960, c. 158,
ss. 2, 36, part, amended.
Purpose of
the Act
ADMINISTRATION
3. The purpose of this Act is to provide for the manage-
ment, perpetuation and rehabihtation of the wildlife resources
in Ontario, and to establish and maintain a maximum wild-
life population consistent with all other proper uses of lands
and waters. New.
Administra-
tion of Act
Revenue
4. The administration of this Act is under the control and
direction of the Minister. R.S.O. 1960, c. 158, s. 3, amended.
5. Except as otherwise provided by this Act, all rentals,
licence fees, fines, penalties, proceeds of the sale of game and
fish and of all property forfeited, and other receipts, fees and
revenues under this Act or the regulations, or under any
licence or instrument authorized by or under this Act, shall be
paid to the Treasurer of Ontario. R.S.O. 1960, c. 158, s. 77,
amended.
acquire ° ^» — (1) Land may be acquired under The Public Works Act
R^s.oyialo, ^^^ ^^^ purposes of management, perpetuation and rehabilita-
c. 338 tion of the wildlife resources in Ontario.
Idem (2) The Minister on behalf of Her Majesty in right of
Ontario may receive and take from any person by grant,
gift, devise, bequest or otherwise any property, real or personal,
or any interest therein for the purposes mentioned in sub-
section 1. 1960-61, c. 32, s. 1, amended.
Appoint- w /IN T^i T»/r- • • • rr
ment Of 7. — (1) 1 he Mmister may appoint conservation officers
conserva- e • i-* ii ». »t
tion officers lor carrying out this Act and the regulations. New.
servation (2) The Minister may appoint deputy conservation officers
o cers -j^ ^^^ £qj. ^j^y p^j.^ ^£ Ontario to serve without remuneration.
69
(3) Every appointment under subsection 2 shall be for the Jf^a^pofnt-*^
period stated in the appointment. R.S.O. 1960, c. 158, s. 4, meats
amended.
8. — -(1) An officer may, without a search warrant, fehicies°^
vessels, etc.
(a) stop, enter and search any aircraft, vehicle or vessel;
(&) enter and search any fishing, hunting, mining,
lumber or construction camp, or any office of any
common carrier, or any premises where pelts are
bought or sold; and
(c) open and inspect any trunk, box, bag, parcel or
receptacle,
if^he has reasonable grounds to believe that any of them
contains any game or fish killed, taken, shipped or had in
possession in contravention of this Act or the regulations, the
Ontario Fishery Regulations or the Migratory Birds Convention ^'f;^' '^^^^'
Act (Canada) or the regulations made under that Act.
(2) An officer who has reasonable grounds to believe that Search
it is necessary to enter any building which by this Act he is
not authorized to enter without a search warrant shall make a
deposition before a justice of the peace, and, where the justice
is satisfied that there is reasonable ground for believing that
there is in the building,
{a) anything upon or in respect of which an offence
against this Act or the regulations has been or is
suspected to have been committed; or
(&) anything which there is reasonable ground to be-
lieve will afford evidence as to the commission of
any such offence,
he may at any time issue a search warrant.
(3) An officer may use as much force as is necessary forUse^of
him to exercise the powers conferred upon him by subsection 1
or in the execution of a search warrant issued under sub-
section 2. R.S.O. 1960, c. 158, s. 6 (1, 2), amended.
9. An officer on view may arrest without process any ^^^^^ °^
person found committing a contravention of this Act or of
the regulations, in which case he shall bring him with reason-
able diligence before a competent court to be dealt with
according to law. R.S.O. 1960, c. 158, s. 6 (3).
69
Entry upon
private
property
10. An officer in the discharge of his duties and any
person by him accompanied or authorized for the purpose
may enter upon and pass through or over private lands with-
out being Hable for trespass. R.S.O. 1960, c. 158, s. 6 (4),
amended.
Authority
to prosecute
11. An officer shall investigate all contraventions of this
Act and the regulations brought to his notice and may
prosecute any person who he has reasonable cause to believe
is guilty of an offence against this Act. R.S.O. 1960, c. 158,
s. 6 (6), amended.
offlcers'^*^'^^ ^^' ^^ person shall obstruct, hinder or delay or interfere
with an officer in the discharge of his duty by violence or
threats or by giving false information, or in any other manner.
R.S.O. 1960, c. 158, s. 6 (8).
to^stop'*^ 13. An officer may stop a vehicle or vessel for the purpose
vehicles, ^f
vessels '
(a) determining whether the occupants of the vehicle
or vessel have been hunting or fishing; or
(6) obtaining information as to the number and species
of game or fish taken. New.
Power of
inspection of
documents
by officers
R.S.C. 1952,
c. 179
14. No person shall refuse to allow an officer to examine
any book, invoice or document containing any entry or
memorandum relating to game or fish that the officer suspects
of being taken or possessed in contravention of this Act or
the regulations, the Ontario Fishery Regulations or the
Migratory Birds Convention Act (Canada) or the regulations
made under that Act, and he shall afford every reasonable
facility for the examination, and, upon refusal, the officer
may, without a search warrant, break any lock or fastening
that may be necessary in order to conduct the examination
and remove any such book, invoice or document to safe-
keeping. R.S.O. 1960, c. 158, s. 70, part, amended.
Seizure of
game and
other
property
15. — (1) Any game or fish suspected of having been taken
or possessed and any thing, except an aircraft, vehicle or
vessel, suspected of having been used in contravention of this
Act or the regulations, the Ontario Fishery Regulations or
the Migratory Birds Convention Act (Canada) or the regula-
tions made under that Act, shall be seized.
afrcraft, etc. (2) An aircraft, vehicle or vessel,
(o) suspected of having been used; or
69
(b) used in transporting game or fish suspected of having
been taken or possessed,
in contravention of this Act or the regulations, the Ontario
Fishery Regulations or the Migratory Birds Convention Act^f:^^'^^^^'
(Canada) or the regulations made under that Act may be
seized.
(3) Upon conviction, any property seized under this section Forfeiture
is forfeited to the Crown in right of Ontario as represented by eeii'ed^^'^ ^
the Minister. R.S.O. 1960, c. 158, s. 81 (1), amended.
GENERAL PROVISIONS
16. No person shall for hire, gain or reward, or hope ^J?^*i^8_ *"o''
thereof, hunt game, or employ, hire or for valuable considera- wbited
tion, induce any other person to hunt game. R.S.O. 1960,
c. 158, s. 48.
17. — (1) No person shall hunt or fish or with any gun or Entry after
sporting implement, fishing rod or tackle in his possession go
upon any enclosed or unenclosed land or water after he has
had oral or written notice not to hunt or fish thereon by the
owner or by a person authorized by the owner to give such
notice.
(2) No person shall, fr^A^l
destruction
, . . , ... , . 1 of notices
{a) Without authority give or cause to be given the
notice mentioned in subsection 1 ; or
(b) tear down, remove, deface, damage or interfere with
any notice put up, posted or placed pursuant to sub-
section 1. R.S.O. 1960, c. 158, s. 66 (2, 3), amended.
(3) No person shall, for the purpose of hunting or fishing. Growing
enter into or allow a dog to enter into growing or standing ^'^"''^
grain or any other crop, whether of one kind or not, without
the permission of the owner or a person authorized by the
owner to give such permission.
(4) No person in a party of more than twelve persons shall ^^"tiel'^ '"
hunt or with any gun or sporting implement enter upon any e^<^g6«<^'"8:
enclosed or unenclosed land in a county without the per-
mission of the owner or a person authorized by the owner to
give such permission.
Entry on
(5) No person shall without authority enter or attempt toused^for
enter upon lands owned by the Crown that are used for the or°retai1iin|
purpose of propagating or retaining game or fish. ||j^® °''
69
of^nat^ces°^ (^) ^^ person shall tear down, remove, damage, deface or
or signs interfere with any notice or sign of the Department put up,
posted or placed for the purposes of this Act. R.S.O. 1960,
c. 158, s. 65 (1-4), amended.
Common (7) Nothing in this section limits or in any way affects the
for trespass remedy at common law of an owner for trespass. R.S.O. 1960,
c. 158, s. 65 (5).
apprehension (8) Every person found contravening any provision of this
section may be apprehended without warrant by a constable
or by the owner of the land on which the contravention takes
place, or by the servant of or by any person authorized by such
owner, and be taken forthwith to a justice of the peace to be
dealt with according to law. R.S.O. 1960, c. 158, s. 66 (5);
1960-61, c. 32, s. 10, amended.
Offence of
hunting
carelessly
18. Every person is guilty of the offence of hunting care-
lessly who, being in possession of an air-gun or fire-arm for
the purpose of hunting, discharges or causes to be discharged
or handles such air-gun or fire-arm without due care and
attention or without reasonable consideration for persons or
property and is liable to a fine of not more than $1,000 or to
imprisonment for a term of not more than one year, or to
both. 1960-61, c. 32, s. 11, amended.
Use of
aircraft
19. Except as provided in the regulations, no person shall
use an aircraft while hunting. R.S.O. 1960, c. 158, s. 59,
amended.
mlamr^ 20. — (1) No person, while engaged in hunting or trapping
areas game or while going to or returning from a hunting camp or
locality that game inhabits or where game is usually found,
shall,
(a) have a loaded air-gun or fire-arm in or on, or dis-
charge the same from, an aircraft or a vehicle; or
{h) discharge an air-gun or fire-arm from or across the
travelled portion of a highway, road, street, avenue,
parkway, driveway, square, place, bridge, viaduct
or trestle, used or intended for use by the public for
the passage of vehicles. R.S.O. 1960, c. 158, s. 60 (1),
amended.
S'power- (2) Except as otherwise provided in the Migratory Birds
boats Convention Act (Canada) or the regulations made under that
c.'i79' ' Act, no person shall have a loaded air-gun or fire-arm in or
on or discharge the same from a power-boat. R.S.O. 1960,
c. 158, s. 60 (2).
69
(3) A fire-arm having an unfired shell or cartridge in the J^^?J"P''®"
chamber or in a magazine attached to the fire-arm shall be
deemed to be loaded within the meaning of this section.
R.S.O. 1960, c. 158, s. 60 (3), amended.
21. Notwithstanding section 19 and clause a of subsection 1 ^Xes^^
of section 20, wolves may be hunted from an aircraft or a
vehicle under the authority of a licence issued by the Minister
and subject to such terms and conditions as are prescribed
by the regulations. R.S.O. 1960, c. 158, s. 61, amended.
22. In a locality that game usually inhabits or in which ^^t^'guns"^
game is usually found, no person shall have an air-gun or fire-
arm in his possession for the purpose of hunting unless it is
unloaded and encased between one-half hour after sunset and
one-half hour before sunrise of any day. R.S.O. 1960, c. 158,
s. 47, cl. (a), amended.
23. Notwithstanding section 22, the holder of a licence to^^^®P*^°"'
hunt raccoon may possess or use a fire-arm for the purpose *i"nting
of hunting raccoon during the open season therefor when
accompanied by a dog licensed therefor. R.S.O. 1960, c. 158,
s. 47, cl. {d), amended.
24. No person shall hunt any animal or bird with a repeat- ^^^j*^"^^*^^"
ing, automatic or auto-loading shot-gun that has not been
permanently plugged or altered so that it is incapable of hold-
ing a total of more than three shells at one time in the chamber
and magazine. R.S.O. 1960, c. 158, s. 62.
25. — (1) Except as provided in the regulations, no person ^^'^'^^s.
shall hunt, trap or possess, or attempt to trap, any animal provincial
or bird in a provincial park or in a Crown game preserve.
(2) Except as provided in the regulations, no person shall ^®^P°^1|j*'^
possess in a provincial park or in a Crown game preserve any parks
trap, explosive, gun or sporting implement. R.S.O. 1960,
c. 158, s. 11, amended.
26. Except as provided in the regulations, no person shall prohibited
take or kill or attempt to take or kill any animal by means
of poison. R.S.O. 1960, c. 158, s. 46, amended.
27. Except as provided in the regulations, no person shall Ferrets
use a ferret in hunting game animals. R.S.O. 1960, c. 158,
s. a (10), amended.
28. No person who has taken or killed an animal, bird or Flesh not to
• . t i- <• n t '^® wasted
fish suitable for food shall allow the flesh to be destroyed or
spoiled. R.S.O. 1960, c. 158, s. 58, part.
69
10
to^orted^ 29. Without the written authority of the Minister, no
stock person shall release into natural cover any animal or bird
imported into Ontario or propagated from stock imported
into Ontario. R.S.O. 1960, c. 158, s. 49 (2).
Importation
of game
30. Nothing in this Act prevents the bringing of game
into Ontario from a place outside Ontario or the possession
in Ontario of game taken outside Ontario if the game was
legally taken. R.S.O. 1960, c. 158, s. 49 (1), amended.
Hotels,
restaurants,
etc.
31. Except with the written authority of the Minister, no
hotel, restaurant, boarding-house or other commercial prem-
ises shall mention on a bill of fare or serve any game, other
than game that has been propagated or sold under a licence.
R.S.O. 1960, c. 158, ss. 13, 45, amended.
Offence to
make false
statement
32. Any person who knowingly makes any false statement
in any application, statement under oath, report or return
required by this Act or the regulations is, in addition to any
other penalty for which he may be liable, guilty of an offence
against this Act. R.S.O. 1960, c. 158, s. 25 (9), amended.
LICENCES
Licences
33. Except under the authority of a licence, no person
shall hunt or trap or attempt to trap animals or birds. R.S.O.
1960, c. 158, s. 7 (1), amended.
Contraven-
tion of
terms, etc.
34. — (1) No person shall contravene the terms or con-
ditions of his licence. New.
Transfer of
licence,
coupon or
seal
(2) Except as prescribed by the regulations, no licence
shall be transferred and no person shall buy, sell, exchange
or in any way be a party to the transfer of a 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.
ffc^e^nce dis- (^) ^^^ issue of a licence is in the discretion of the
cretionary Minister. R.S;0. 1960, c. 158, s. 25 (1, 3), amended.
Refund of
fees
(4) The Minister may direct the refund of the whole or any
part of the fee paid for any licence where, owing to the licence
not having been used, or having been used for part only of
the period for which it was issued, he deems it just, and the
Treasurer of Ontario, upon the written request of the Minister,
shall cause the refund to be made to the holder of the licence.
R.S.O. 1960, c. 158, s. 76, amended.
Cancellation /-x^t^, ,,,•• i i- l „_
of licence (5) The Minister may cancel any licence where an error
of GTTOT has been made from any cause when issuing it, and the holder
69
11
has no claim for indemnity or compensation with respect
to it other than the adjustment or refund of any fee collected.
R.S.O. 1960, c. 158, s. 67 (2), amended.
(6) Except as provided in the regulations, no holder of a be°carried
licence shall hunt game unless at that time he has the licence
on his person. R.S.O. 1960, c. 158, s. 25 (6), part, amended.
(7) The holder of a licence shall produce and show it ^o^ili^^cQ^
any officer whenever requested by the officer. R.S.O. 1960, o"^ demand
c. 158, s. 25 (4), amended.
(8) The holder of a licence shall wear in a conspicuous wearing of
place on his person any badge that is furnished to him by
the Department at the time of the issue of the licence, and
the licence with which a badge is furnished at the time of issue
is not valid unless the holder is wearing the badge in the
manner required by this subsection. R.S.O. 1960, c. 158,
s. 25 (6), part, amended.
(9) The holder of a licence obtained by any false or mis- Licence
,,. ,. , .,. . , obtained by
leadmg statement made m respect oi any miormation required misrepre-
for the issue of the licence shall be deemed to be the holder of
a void licence and the holder may be prosecuted under this Act
in the same manner and with the same effect as he could be
prosecuted if he were not the holder of a licence. R.S.O.
1960, c. 158, s. 25 (8), amended.
35. Except as prescribed by the regulations, no licence Minors
shall be issued to any person under the age of sixteen years.
R.S.O. 1960, c. 158, s. 9.
36. — (1) No person shall issue any licence or collect ar^Yi^c^^^^f^g^*^
fee in respect thereof unless authorized by the Minister.
(2) No issuer of licences shall issue and no person shall not^toloe
possess a hunting licence that does not exhibit the name of j^j^^^^^ ''^
the holder or that is antedated or undated. R.S.O. 1960,
c. 158, s. 26, amended.
(3) Every issuer of licences shall keep such records andfo^'^ake
make such returns relating thereto as are prescribed by the''®*"''"^
regulations. New.
37. — (1) The Minister may in writing authorize any muni- Municipal
cipalitv to pass by-laws for issuing and fixing the maximum to hunt
number of licences to hunt, during the open season, pheasants, ®*°-
rabbits and foxes and for charging such fees therefor as he
authorizes, and the Minister may fix the minimum number
of such licences that the by-law shall provide for.
69
12
Where (2) Where a municipality has passed a by-law under sub-
municipal ^ ' £1 i~ ^ -^
requfred section 1, no person shall hunt pheasants, rabbits or foxes in
the municipality during the open season without a licence from
the municipality. R.S.O. 1960, c. 158, s. 27, amended.
Validity of (3) Where a municipality has passed a by-law under sub-
licence ^ ' =- —
section 1, the Minister may in writing authorize the munici-
pality to pass a further by-law to provide that a licence to
hunt animals and birds not protected by this Act or the
R.s.c. 1952, regulations or the Migratory Birds Convention Act (Canada)
or the regulations made under that Act, during the period
between the 1st day of March and the 31st day of August,
is not valid in that municipality unless it is signed by the
clerk of the municipality or by a person authorized by him.
New.
Open
seasons
Multiplicity
of licences
GAME ANIMALS
38. — (1) Except under the authority of a licence and during
such times and on such terms and conditions and in such parts
of Ontario as are prescribed by the regulations, no person
shall hunt black bear, polar bear, caribou, deer or moose.
R.S.O. 1960, c. 158, s. 29; 1960-61, c. 32, s. 3, amended.
(2) Except as prescribed by the regulations, no person
shall be the holder of more than one licence to hunt caribou,
deer or moose in any year. R.S.O. 1960, c. 158, s. 25 (7),
amended.
Caribou,
deer and
moose that
may be
taken
Exception,
garty
unting
caribou
Exception,
garty
unting
deer
39. — (1) Subject to subsections 2, 3 and 4, no person shall,
during the open season, take or kill more than one caribou
under a licence to hunt caribou, one deer under a licence to
hunt deer, or one moose under a licence to hunt moose.
R.S.O. 1960, c. 158, s. 31 (1), amended.
(2) Where two or more persons who hold licences to hunt
caribou are hunting as a party, any member of the party may
take or kill the number of caribou that is equal to the number
of such licences held by the members of the party, but in
no case shall the total number of caribou taken or killed
by the members of the party exceed the total number of
such licences held by the members of the party. New.
(3) Where two or more persons who hold licences to hunt
deer are hunting as a party, any member of the party may
take or kill the number of deer that is equal to the number of
such licences held by the members of the party, but in no case
shall the total number of deer taken or killed by the members
of the party exceed the total number of such licences held
by the members of the party. R.S.O. 1960, c. 158, s. 31 (2).
69
13
(4) Where two or more persons who hold licences to hunt Exception,
moose are hunting as a party, any member of the party may hunting
take or kill the number of moose that is equal to the number "^°°®®
of such licences held by the members of the party, but in no
case shall the total number of moose taken or killed by the
members of the party exceed the total number of such licences
held by the members of the party. 1960-61, c. 32, s. 4.
40. No person shall take or kill a black bear, polar bear, ]^^^qq gtc^'
caribou, deer or moose by means of a trap, net, baited line or prohibited '
other similar contrivance or set any of them for any such
animal. R.S.O. 1960, c. 158, s. 33 (8); 1960-61, c. 32, s. 5,
amended.
41. No person shall hunt a caribou, deer or moose while ^^-^J^^"^^
It is swimming. R.S.O. 1960, c. 158, s. 30 (5), cl. (6), amended. ^^^^or'
42. Except under the authority of a licence and during J^^i^tii^e*
1 • 1 1 1 ' 1- • 1 • t =» trapping,
such times and on such terms and conditions and in such parts etc.
of Ontario as the Minister prescribes, no person shall hunt
or trap or attempt to trap any rabbit or any black, grey or
fox squirrel. R.S.O. 1960, c. 158, s. 30 (4), part, amended.
43. — (1) Except under the authority of a licence and sub-p*^®'^?®
ject to the regulations, no person shall sell a game animalof a game
or possess a game animal for sale. R.S.O. 1960, c. 158, s. 45,
amended.
(2) Subsection 1 does not apply to European hare or ^^'*®p*'°'^
varying hare. New.
44. Except with the written authority of the Minister, Jf^g^^g
no person shall, during a closed season, take a game animal animal for
for educational or scientific purposes. R.S.O. 1960, c. 158, purposes
s. 18, amended.
45. Notwithstanding anything in this Act, any person p^^a'i^|^[^
may under the authority of a licence sell the meat of a bear
if taken lawfully, and any person may without a licence
possess or buy any bear meat for his own Use. R.S.O. 1960,
c. 158, s. 15, part.
GAME BIRDS
46. Except under the authority of a licence and during ^^°j.rfdge,
such times and on such terms and conditions and in such parts ®*<^-
of Ontario as are prescribed by the regulations, no person shall
hunt rufifed grouse, spruce grouse, Hungarian partridge,
pheasant, sharp-tailed grouse, greater prairie-chicken, ptarmi-
gan, bob-white quail or wild turkey. R.S.O. 1960, c. 158,
s. 38 (1), amended.
69
14
Hunting
birds
47. No person shall hunt any game bird during the closed
season or any other bird at any time, except crows, cow-
birds, blackbirds, starlings and house-sparrows. R.S.O. 1960,
c. 158, s. 40, amended.
snares ^"^ 48. No person shall use, set or maintain a net, trap,
prohibited spring, cage or other similar contrivance for the purpose of
taking or killing any game bird. R.S.O. 1960, c. 158, s. 41,
amended.
Use of rifle
to hunt
pheasant
prohibited
49. No person shall hunt pheasant with a rifle.
1960, c. 158, s. 63.
R.S.O.
propagafkm, 50. Except under the authority of a licence and subject
|ame°birds ^° ^^^ regulations, no person shall propagate or sell a game
bird or possess a game bird for propagation or sale. R.S.O.
1960, c. 158, s. 17 (1), amended.
huntfng^'^'^ 51. Except under the authority of a licence and subject
preserves to the regulations, no person shall own or operate a game
bird hunting preserve. R.S.O. 1960, c. 158, s. 39, amended.
Eggs and
nests
protected
52. No person shall take, destroy or possess the eggs or
nests of any game bird, except with the written authority of
the Minister to take, destroy or possess the eggs or nests for
educational or scientific purposes. R.S.O. 1960, c. 158, s. 43,
amended.
FUR-BEARING ANIMALS
Hunting,
trapping,
etc.
53. Except under the authority of a licence and during
such times and on such terms and conditions and in such parts
of Ontario as the Minister prescribes, no person shall hunt
or trap or attempt to trap any fur-bearing animal. R.S.O.
1960, c. 158, s. 30 (4), part, amended.
trap"^*^® *° 54. — (1) The Minister may, in a licence to hunt or trap
fur-bearing animals,
(a) fix the number of each species of fur-bearing animal
that may be taken thereunder; and
ib) designate the area in which fur-bearing animals may
be taken thereunder by the holder of the licence.
Idem
(2) The Minister may limit the number of licences to hunt
or trap fur-bearing animals in any area. R.S.O. 1960, c. 158,
s. 10 (1, 2), amended.
69
(3) No non-resident shall be the holder of a licence to^^^Q^tg
hunt or trap fur-bearing animals. R.S.O. 1960, c. 158, s. 25 (5),
amended.
(4) The holder of a licence to hunt or trap fur-bearing ^"*|if"*y
animals may sell any fur-bearing animal taken by him under
the authority of the licence or the pelt of any such animal.
(5) Subject to sections 25 and 37, the holder of a licence S'to^"°'^
to hunt or trap fur-bearing animals may, under the authority trappers
of that licence and without any other licence, hunt, in the
area described in the licence during the open seasons between
the 15th day of October and the 30th day of June in the year
next following, any bird or animal, other than caribou, deer
or moose.
(6) A farmer or any of his family residing with him upon Exceptions
his lands may without a licence hunt or trap thereon fur- farmers
bearing animals during the open seasons and may hunt
thereon birds or animals, other than caribou, deer or moose,
during the open seasons, and, subject to this Act, any farmer
may without a licence sell the fur-bearing animals so hunted
or trapped or the pelts thereof, but he shall keep such records
and make such returns relating thereto as are prescribed by
the regulations. R.S.O. 1960, c. 158, s. 7 (2-4), amended.
55. Where a person has taken or killed any fur-bearing ^k^^^in
animal in the closed season on his own lands in defence or oPproperty'*
preservation of his property, he shall within ten days thereof
report the facts to the Department, and he shall not offer
the pelt of such fur-bearing animal for sale or barter during
the closed season except under a licence, and any fur dealer
possessing such a pelt shall hold the licence and forward it
to the Department when applying for a licence to ship it out
of Ontario or to dress or tan it. R.S.O. 1960, c. 158, s. 36,
part, amended.
66. Except as prescribed by the regulations, no person ^f°^^®f^°"
shall during the closed season have in his possession or in ^^f^^^il ^^
that of his servant or agent, or in that of any other person closed
,,,,,. . , ° . . , , 1 Ml I season
on his behalf, any fur-beanng animal wherever killed,
{a) except that a pelt of an animal killed in Ontario may
be possessed during the closed season under a licence
if applied for within ten days after the end of the
open season in which it was killed, but this clause
does not apply to the pelts of beaver, fisher, lynx,
marten, mink and otter that have been sealed or
marked in accordance with this Act or to the pelts
of mink raised on a fur farm ; and
69
16
(b) except that a pelt of an animal killed outside Ontario
may be possessed during the closed season under a
licence if applied for within forty-eight hours after
the pelt is received. R.S.O. 1960, c. 158, s. 44,
els. (b, c), amended.
Licences: 57, — (J) Except under the authority of a licence, no person
shall,
fur tanner's
(a) engage in or carry on, or be concerned in, the
tanning, plucking or treating of pelts; or
fur dealer's /i.\ • i j •
{b) possess, engage m or carry on, or be concerned m,
the trading, buying or selling of fur-bearing animals
or pelts. R.S.O. 1960, c. 158, s. 12 (1), els. (c, d),
amended.
befween^^^ (2) No holder of a licence under clause b of subsection 1
deafere^ ^^^ shall sell, trade or barter, or be concerned in the selling,
trading or bartering, of pelts to or with any other person in
Ontario except where that other person holds a licence under
clause b of subsection 1. R.S.O. 1960, c. 158, s. 12 (2), amended.
Sealing and
marking of
skins and
pelts
58. — (1) The pelts of beaver, fisher, lynx, marten, mink
and otter shall be sealed or marked by a duly authorized
person before sale, and no person licensed under clause b of
subsection 1 of section 57 shall have unsealed or unmarked
beaver, fisher, lynx, marten, mink or otter pelts in his
possession.
Exception
(2) Subsection 1 does not apply to the pelts of mink raised
on a fur farm.
Offence
(3) No person shall present or permit to be presented for
sealing or marking the pelt of a beaver, fisher, lynx, marten,
mink or otter that was not taken by him under the authority
of his licence to hunt or trap fur-bearing animals or under
subsection 6 of section 54.
^^®"^ (4) No person shall be party to having or attempting to
have sealed or marked the pelt of a beaver, fisher, lynx,
marten, mink or otter that was not taken under the authority
of the licence that is presented with the pelt. R.S.O. 1960,
c. 158, s. 30 (1-3), amended.
propagation 59. Except under the authority of a licence, no person
bearing shall propagate a fur-bearing animal or possess a fur-bearing
animal animal for propagation. R.S.O. 1960, c. 158, s. 17 (1),
amended.
69
17
60. Subject to section 2 and except under the authority pens of ^
; a Hcence to hunt or trap fur-
shall molest, damage or destroy,
of a licence to hunt or trap fur-bearing animals, no person antoafs ^
(a) a den or usual place of habitation of a fur-bearing
animal, other than that of a fox or skunk; or
(b) a beaver dam. R.S.O. 1960, c. 158, s. 33 (7) , amended.
61. — (1) No person shall take or ship or attempt to take Royalties
or ship to a point outside Ontario any fur-bearing animal
or its pelt without a licence and without paying the royalty
prescribed by the regulations.
(2) No person shall send or have sent any fur-bearing i'^®'^
animal or its pelt to a tanner or taxidermist to be tanned,
plucked or treated in any way without a licence and without
paying the royalty prescribed by the regulations. R.S.O.
1960, c. 158, s. 28 (1), amended.
62. No person who has taken or killed a fur-bearing animal ^^^^% ^^^
shall allow the pelt to be destroyed or spoiled. R.S.O. 1960, destroyed
c. 158, s. 58, part.
63. Notwithstanding anything in this Act, any person may ^®||^'J?s^*'^
under the authority of a licence sell the meat of a beaver, etc.
muskrat or raccoon if taken lawfully, and any person may
without a licence possess or buy any such meat for his own
use. R.S.O. 1960, c. 158, s. 15, part.
FISH
64. — (1) No person shall sell, offer for sale, purchase or No traffic
barter, or be concerned in the sale, purchase or barter, of an fish
Atlantic salmon (also known as ouananiche) taken from
Ontario waters, a small-mouthed black bass, large-mouthed
black bass, maskinonge, speckled trout, brown trout, rainbow
trout, Kamloops trout or Aurora trout, but, under the author-
ity of a licence and subject to such terms and conditions as
are prescribed by the regulations, a person may sell,
(a) small-mouthed black bass, large-mouthed black bass,
speckled trout, brown trout, rainbow trout, Kam-
loops trout and Aurora trout for the purpose of
stocking; and
{b) speckled trout, brown trout and rainbow trout for
human consumption. 1960-61, c. 32, s. 8, amended.
(2) No person shall sell, offer for sale, purchase or barter, ^'^^^
or be concerned in the sale, purchase or barter, of yellow
69
18
Idem
Fish nets,
possession
Idem
pickerel (also known as pike-perch, walleye or dore), pike,
lake trout or sturgeon taken from Ontario waters by angling
or taken in any other manner by a person without a licence.
(3) No person shall buy, sell or possess a fish or part of a
fish taken from Ontario waters during the closed season for
that fish. R.S.O. 1960, c. 158, s. 53 (2, 3), amended.
65.— (1) Except under the authority of a licence, no person
shall possess a gill, hoop, pound, seine, trap or trawl net.
(2) No person shall sell a gill, hoop, pound, seine, trap or
trawl net to any person not the holder of a commercial fishing
licence or a licence under subsection 1. R.S.O. 1960, c. 158,
s. 21, amended.
Waters set qq^ jsJq person shall take or attempt to take fish by any
means from waters set apart for the conservation or propaga-
tion of fish, but the Minister may, in writing, authorize fish
to be taken from such waters for scientific purposes. R.S.O.
1960, c. 158, s. 52 (1), amended.
Right to
fish
67. The ownership of the bed of a navigable water or of a
lake or river does not include the exclusive right of fishing in
the water that covers or flows over the bed unless that ex-
clusive right is expressly granted by the Crown. R.S.O. 1960,
c. 158, s. 56 (1), amended.
DOGS
Use of
dogs in
hunting
deer, etc.
68. Except under the authority of a licence issued for the
dog, no person shall use or be accompanied by a dog while
hunting caribou, deer or moose. R.S.O. 1960, c. 158, s. 34 (1),
amended.
running at 69. — (1) No person owning, claiming to own or harbouring
large, etc. ^ ^^^ shall allow it to run at large during the closed season
for deer in a locality that deer usually inhabit or in which
they are usually found, and a dog found running deer during
the closed season for deer in such a locality may be killed on
sight by an officer without incurring any liability or penalty
therefor. R.S.O. 1960, c. 158, s. 34 (4, 5), amended.'
dogs in (2) No person shall use or be accompanied by a dog while
prohibfted^^ hunting deer in a part of Ontario that is designated by the
arelt^^etc!*^*^ regulations, and a dog found running at large in such a desig-
nated part of Ontario may be killed on sight by an officer
without incurring any liability or penalty therefor. R.S.O.
1960, c. 158, s. 34 (3), amended.
69
19
70. Except in a field trial approved in writing by the ^g®^*J"/°J^®^g
Minister, no person owning, claiming to own or harbouring
a dog shall allow it to molest or follow upon the track of any
game bird during the months of April, May, June and July
in any year or disturb its nest at any time. R.S.O. 1960,
c. 158, s. 42, amended.
LIVE GAME AND WOLVES
71. — (1) Except under the authority of a licence issued on Live game
such terms and conditions as are prescribed by the regulations, captivity
no person shall keep live game or a wolf in captivity for more
than fourteen days. New.
(2) Live game or a wolf kept in captivity contrary to this Seizure of
section and any cage, pen, crate, shelter or other enclosure cages, etc.
used in connection therewith shall be seized, and, upon convic-
tion of the person in possession or control thereof, becomes
the property of the Crown in right of Ontario and may be
disposed of by the Minister.
(3) This section does not apply where live game or a wolf ^{PgP'^^^fQ*^^'^
is kept in captivity in a public zoo or for scientific or educa-
tional purposes in a public institution. R.S.O. 1960, c. 158,
s. 20 (5, 6), amended.
TRANSPORTATION AND EXPORT
72. — (1) No non-resident entitled to hunt under a licence Export
shall export more game than the number he is authorized toby non-
possess by this Act or the regulations or the Migratory Birds^^Q^^QQ2
Convention Act (Canada) or the regulations made under that°- i'^^
Act. R.S.O. 1960, c. 158, s. 50 (1), amended.
(2) No person shall ship or transport or cause to be shipped T^ransport
or transported, or receive or possess for shipment or transport, o[ game
fish or game caught, taken or killed in Ontario during the taken
closed season. R.S.O. 1960, c. 158, s. 72 (1), cl. {d), amended.
(3) The Minister may issue a permit not inconsistent with Transport
1 f /^ i r /-w • of game
any law of Canada to export from Ontario or to transport under
in Ontario at any time any game, whether dead or alive, upon
proof under oath satisfactory to him that the game has been
lawfully taken. R.S.O. 1960, c. 158, s. 75, amended.
73. No person shall ship or transport or cause to be Receptacles
shipped or transported, or receive or possess for shipment or marked
transport, a receptacle containing game or fish that is not
plainly marked on the outside in such a manner as to give
a description of the contents and the name and address of the
consignee and of the consignor. R.S.O. 1960, c, 158, s. 73,
amended.
69
20
PROCEDURE
Offence
74. A contravention of this Act or the regulations or of
the terms and conditions of a licence is an offence against this
Act. R.S.O. 1960, c. 158, s. 78 (3), amended.
Description
of offence
75. The description of an offence in the words of this
Act or of the regulations, as the case may be, or in any words
to the like effect, is sufficient, and an information may be
for more than one offence, and more than one offence may
be set out in one count. R.S.O. 1960, c. 158, s. 78 (4), amended.
Similar
offence on
the same
day
76. Where in a prosecution under this Act it appears in
evidence that more than one offence of the same kind was
committed at the same time or on the same day, the court
shall in one conviction impose all the penalties at the same
time. R.S.O. 1960, c. 158, s. 78 (6).
Procedure ^ rjrj ^ Exccpt whcrc Otherwise provided, The Summary Con-
C.387" ' victions Act applies to all prosecutions under this Act. R.S.O.
1960, c. 158, s. 78 (9).
Money
payment as
security for
appearance
in court
R.S.O. 1952,
c. 179
78. — (1) The Minister may authorize any officer to collect
a money payment as security for appearance in court from any
person against whom the officer is about to lay an information
for an offence against this Act or the regulations, the Ontario
Fishery Regulations, the Migratory Birds Convention Act
(Canada) or the regulations made under that Act.
Disposition
of money
payments
Disposition
of forfeited
property
(2) Where a money payment has been collected under sub-
section 1 and the person charged does not appear in court,
he may be tried in absentia and, upon conviction, whether or
not he has appeared in court, the money payment shall be
applied to the payment of any fine imposed and the costs,
and the balance, if any, shall be remitted to the person
convicted, and, where no conviction is made, the money
payment shall be remitted to the person who made it. New.
79. — (1) All property forfeited to the Crown under this
Act may be disposed of by the Minister, and, where the
seizure has been made from a person unknown, perishable
game or fish may be disposed of forthwith, and any other
property seized may be disposed of by the Minister after the
expiration of thirty days. R.S.O. 1960, c. 158, s. 81 (1), part,
amended.
Relief from
forfeiture
(2) Where the Minister is satisfied that the forfeiture of
any property, other than game or fish, would work undue
hardship or injustice, he may grant rehef from forfeiture,
69
21
in whole or in part, and direct its return to the person from
whom it was taken upon such terms and conditions as he
deems proper. R.S.O. 1960, c. 158, s. 81 (3), amended.
80. — (1) Upon the conviction of any person of an offence ^^^°|'^j'*'^j'^
against this Act or the Ontario Fishery Regulations, any of licences
licence, except a licence to hunt, other than a licence to hunt conviction
or trap fur-bearing animals, which is held by him and which
is related to the offence, shall be deemed to be cancelled
without further action or notice, but the Minister may revive
the licence upon such terms and conditions as he deems
proper.
(2) Upon the conviction of any person of an offence against Cancellation
this Act or under The Forest Fires Prevention Act, the Misratory Wbition
Birds Convention Act (Canada) or the regulations made under issue of
that Act, or under section 165, 191, 192, 193, 372, 373, 374, ^"g'^Q^^j^geo
375, 377, 383, 384, 385 or 386 of the Criminal Code (Canada) °-'i52;
as amended or re-enacted from time to time, committed c. '179;
while using or in possession of an air-gun or fire-arm for the cf 5i'(Can.)
purpose of hunting, the court may cancel any licence to hunt,
except a licence to hunt or trap fur-bearing animals, issued to
such person, and, upon such conviction, the court may order
that such person shall not apply for or procure any licence
to hunt, except a licence to hunt or trap fur-bearing animals,
during the period stated in the order. R.S.O. 1960, c. 158,
s. 81 (5, 6), amended.
(3) Every person who fails to comply with an order madeOffe^^ce
against him under subsection 2 is guilty of an offence against
this Act. R.S.O. 1960, c. 158, s. 81 (7).
81. In prosecutions under this Act in respect of. Evidence
(a) taking, killing, procuring or possessing game or fish,
or any part thereof, the onus is upon the person
charged to prove that the game or fish or part thereof
was lawfully taken, killed, procured or possessed by
him;
{b) hunting or trapping, the possession of a gun, decoy
or other implement for hunting or trapping in or
near a place that game inhabits or where game is
usually found is prima facie proof that the person
in possession of it was hunting or trapping, as the
case may be; or
(c) making of returns by a licensee or an issuer of
licences, the production of a return is prima facie
proof of the making of such return and the contents
thereof. R.S.O. 1960, c. 158, s. 79, amended.
69
22
pe^naity ^^* Except where otherwise provided, every person who
commits an offence against this Act is Hable to a fine of not
more than $1,000. New.
REGULATIONS
^y^Ltf Oo^. ^^* ^^^ Lieutenant Governor in Council may make regu-
in Council ' lations,
1. establishing classes for licences referred to in this
Act or the regulations or the Ontario Fishery Regu-
lations, governing the issue, form, renewal, transfer,
refusal and cancellation of licences or any class of
them, prescribing their duration, territorial limita-
tions, terms and conditions and the fees payable
therefor, and limiting the number of licences of any
class that may be issued;
2. respecting the issue of licences to trap fur-bearing
animals on Crown lands and dividing Ontario or
any part thereof into trap-line areas and designating
such areas by identifying numbers and initials;
3. providing for licensing persons to hunt in any pro-
vincial park in which hunting is permitted under
paragraph 14 or on Crown lands in any part of
Ontario designated under paragraph 15 ;
4. prescribing the terms and conditions upon which
licences may be issued to persons under sixteen years
of age;
5. declaring animals, other than those mentioned in
paragraph 8 of section 1, to be fur-bearing animals;
6. governing the sale of or traffic in any game, prescrib-
ing the fees payable for a seal, tag or other means of
identification that is furnished by the Department
to the holder of a licence to sell any such game,
and requiring such holder to use such seal, tag or
other means of identification in the manner pre-
scribed ;
7. authorizing and regulating the sale of game brought
into Ontario and lawfully hunted or procured
according to the law of the place in which it was
hunted or procured ;
8. prescribing the number of game animals, game birds
or fur-bearing animals that may be possessed;
69
23
9. prescribing the open seasons during which and the
terms and conditions upon which black bear, polar
bear, caribou, deer or moose may be hunted;
10. prescribing the open seasons during which and the
terms and conditions upon which ruffed grouse,
spruce grouse, Hungarian partridge, pheasant, sharp-
tailed grouse, greater prairie-chicken, ptarmigan,
bob-white quail or wild turkey may be hunted;
11. designating any parts of Ontario in which no person
shall use or be accompanied by a dog while hunting
deer;
12. limiting the number of licences that may be issued
to own or operate game bird hunting preserves,
prescribing minimum and maximum areas for pre-
serves, requiring and regulating the posting of
boundaries of preserves and the release of game on
preserves, and regulating the spacing of preserves,
the taking or killing of game on preserves and the
use of preserves for hunting;
13. designating parts of Ontario as Crown game pre-
serves and providing for licensing persons to possess
guns in Crown game preserves;
14. prescribing the conditions under which animals or
birds may be hunted in provincial parks or Crown
game preserves, providing for and regulating the
possession or use of traps, explosives, guns or sporting
implements in provincial parks or Crown game
preserves, and prohibiting the use of motor-boats
for trolling in provincial parks;
15. designating Crown lands on which hunting may be
regulated, limiting and regulating the number of
hunters that may hunt at any time and the hours
during which hunting may be carried on, and prescrib-
ing the fees that may be charged for the use of
equipment and facilities supplied by the Department;
16. designating parts of Ontario as "hinterland areas"
and prohibiting persons, other than residents of the
areas, from entering and travelling about therein
for the purpose of fishing or hunting;
17. prescribing the terms and conditions upon which
aircraft may be used while hunting;
69
24
18. prescribing the terms and conditions upon which
wolves may be hunted from an aircraft or vehicle;
19. prescribing the terms and conditions upon which
a person may use a ferret for hunting game animals;
20. prescribing the terms and conditions upon which
a person may use poison for taking or killing any
animal;
21. regulating or prohibiting the use of snares;
22. regulating, restricting or prohibiting the possession
or use of air-guns or fire-arms for the purpose of
hunting;
23. providing for and establishing a programme to pro-
mote the safe handling of fire-arms by hunters,
providing for the appointment of examiners and for
the examining of persons on the safe handling of
fire-arms, and prescribing fees for examinations;
24. governing the sale under clause a or 6 of subsection 1
of section 64 of small-mouthed black bass, large-
mouthed black bass, speckled trout, brown trout,
rainbow trout, Kamloops trout or Aurora trout,
prescribing the fees payable for a seal, tag or other
means of identification that is furnished by the
Department to the holder of a licence to sell any such
fish, and requiring such holder to use such seal, tag
or other means of identification in the manner pre-
scribed ;
25. prescribing the royalties payable in respect of fish
or under section 61, and excepting any fish or fur-
bearing animal therefrom;
26. permitting residents of any province extending a
similar right to Ontario residents to be classed as
Ontario residents for the purpose of any specified
licence under this Act;
27. requiring any person to keep such records and make
such reports and returns as are prescribed;
28. respecting any matter necessary or advisable to
carry out effectively the intent and purpose of this
Act. R.S.O. 1960, c. 158, s. 82 (1); 1960-61, c. 32,
s. 12, amended.
69
25
84. The Minister may make regulations, ?y ffiiStw
1. prescribing the open seasons during which and the
terms and conditions upon which any fur-bearing
animal may be hunted or trapped or the pelt of any
of them may be possessed ;
2. prescribing the open seasons during which and the
terms and conditions upon which rabbits or black,
grey or fox squirrels may be hunted or trapped ;
3. setting apart waters for the conservation or propa-
gation of fish;
4. regulating or prohibiting the placing of huts on ice
for the purpose of fishing and regulating their use
and requiring and regulating their removal. R.S.O.
1960, c. 158, s. 82 (2), amended.
86. Any regulation may be limited territorially or as to ^®8"|^tiona
time or otherwise. R.S.O. 1960, c. 158, s. 82 (3). iTmftecf
86. The Game and Fisheries Act and The Game and Fisheries f'f^: ^^^°'
Amendment Act, 1960-61 are repealed. i^l^'^i-
repealed
87. This Act comes into force on a day to be named by the Commenoe-
Lieutenant Governor by his proclamation. "^®'^*
88. This Act may be cited as The Game and Fish Act, short title
1961-62.
69
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BILL 69
3rd Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1961-62
The Game and Fish Act, 1961-62
Mr. Spooner
^
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 69 1961-62
The Game and Fish Act, 1961-62
HER 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
1. "closed season" means a period that is not an open
season ;
2. "deer" includes wapiti (commonly called elk);
3. "Department" means the Department of Lands and
Forests ;
4. "dog" means any of the species Canis familiaris
Linnaeus;
5. "domestic animals and domestic birds" includes any
non-native species kept in captivity, except pheas-
ants, but does not include native species kept in
captivity or non-native species present in the wild
state ;
6. "farmer" means a person whose chief occupation is
farming and,
(a) who is living upon and tilling his own land,
or land to the possession of which he is for
the time being entitled, or
(6) who is a bona fide settler engaged in clearing
land for the purpose of bringing it to a state
of cultivation ;
7. "ferret" means any of the domesticated forms of
the old world polecat {Putorius putorius) used for
hunting;
69
8. "fur-bearing animal" means a beaver, fisher, fox,
lynx, marten, mink, muskrat, otter, raccoon, skunk,
red squirrel, weasel, wolverine or any other animal
that the Lieutenant Governor in Council declares
to be a fur-bearing animal, and includes any part of
such animal;
9. "game" means a game animal, game bird or fur-
bearing animal and includes any part of such
animal;
10. "game animal" means any animal, except a fur-
bearing animal, protected by this Act, and includes
any part of such animal;
11. "game bird" means any bird protected by this Act
c!"i79* ^^^^' ^^ the Migratory Birds Convention Act (Canada), and
includes any part of such bird;
12. "game bird hunting preserve" means any area in
which pheasants or other game birds propagated
under a licence are released for hunting purposes;
13. "holder of a licence" means the person named in
the licence;
14. "hunting" includes chasing, pursuing, following after
or on the trail of, searching for, shooting, shooting
at, stalking or lying in wait for, worrying, molesting,
taking or destroying any animal or bird, whether or
not the animal or bird be then or subsequently cap-
tured, injured or killed, and "hunt" and "hunter"
have corresponding meanings;
15. "licence" means an instrument issued under this Act
conferring upon the holder the privilege of doing the
things set forth in it, subject to the conditions,
limitations and restrictions contained in it and in
this Act and in the regulations, but no hcence is or
shall operate as a lease;
16. "Minister" means the Minister of Lands and Forests;
17. "non-resident" means a person who has not actually
resided in Ontario for a period of at least seven
months during the twelve months immediately pre-
ceding the time that his residence becomes material
under this Act;
69
18. "officer" means a Conservation Officer or a Deputy
Conservation Officer and includes a member of the
Royal Canadian Mounted Police Force or the
Ontario Provincial Police Force or any other person
authorized to enforce this Act;
19. "Ontario Fishery Regulations" means the Ontario
Fishery Regulations made under the Fisheries Act^-f:^'^^^^'
(Canada) ;
20. "open season" means a specified period during which
specified game or fish may be taken ;
21. "owner", with reference to land, includes any person
who is the owner of an interest in land entitling him
to the possession of it, but does not include the
holder of a timber licence;
22. "pelt" means the untanned skin of a fur-bearing
animal;
23. "pheasant" means any of the species Phasianus
colchicus Linnaeus;
24. "rabbit" includes cottontail rabbit, varying hare and
European hare;
25. "regulations" means the regulations made under this
Act;
26. "resident" means a person who has actually resided
in Ontario for a period of at least seven months
during the twelve months immediately preceding the
time that his residence becomes material under this
Act;
27. "snare" means a device for the taking of animals
whereby they are caught in a noose, and "snaring"
has a corresponding meaning;
28. "trap" means a spring trap, gin, deadfall, snare,
box or net used to capture game, and "trapping"
has a corresponding meaning;
29. "vehicle" means a vehicle that is drawn, propelled
or driven by any kind of power, including muscular
power, and includes the rolling stock of a railway;
30. "vessel" means a boat or ship, and includes a skiff,
canoe, punt and raft. R.S.O. 1960, c, 158, s. 1,
amended.
69
APPLICATION
Application
of Act
2. This Act does not apply,
(a) to domestic animals and domestic birds, except
dogs;
(b) to a person taking or destroying a hawk, kingfisher
or owl or any animal, other than a caribou, deer or
moose, on his own lands in defence or preservation
of his property by any means at any time; or
(c) to a person destroying a beaver dam in defence or
preservation of his property. R.S.O. 1960, c. 158,
ss. 2, 36, part, amended.
ADMINISTRATION
Purpose of
the Act
3. The purpose of this Act is to provide for the manage-
ment, perpetuation and rehabilitation of the wildlife resources
in Ontario, and to establish and maintain a maximum wild-
life population consistent with all other proper uses of lands
and waters. New.
Administra-
tion of Act
4. The administration of this Act is under the control and
direction of the A^linister. R.S.O. 1960, c. 158, s. 3, amended.
Revenue
5. Except as otherwise provided by this Act, all rentals,
licence fees, fines, penalties, proceeds of the sale of game and
fish and of all property forfeited, and other receipts, fees and
revenues under this Act or the regulations, or under any
licence or instrument authorized by or under this Act, shall be
paid to the Treasurer of Ontario. R.S.O. 1960, c. 158, s. 77,
amended.
Power to Q, — (1) Land may be acquired under The Public Works Act
acquire ^ ' •' ^ . i i i .t.
lands under for the purposes of management, perpetuation and rehabilita-
0.338* ' tion of the wildlife resources in Ontario.
Idem
(2) The Minister on behalf of Her Majesty in right of
Ontario may receive and take from any person by grant,
gift, devise, bequest or otherwise any property, real or personal,
or any interest therein for the purposes mentioned in sub-
section 1. 1960-61, c. 32, s. 1, amended.
ment'of' '^ " — (1) The Minister may appoint conservation officers
timf officers ^°^ carrying out this Act and the regulations. New.
8ervat*^n°'^" (2) The Minister may appoint deputy conservation officers
officers in and for any part of Ontario to serve without remuneration.
69
(3) Every appointment under subsection 2 shall be for the Termination
period stated in the appointment. R.S.O. 1960, c. 158, s. 4, "lents
amended.
8. — (1) An officer may, without a search warrant, vehicles*^
vessels, etc.
(a) stop, enter and search any aircraft, vehicle or vessel ;
(b) enter and search any fishing, hunting, mining,
lumber or construction camp, or any office of any
common carrier, or any premises where pelts are
bought or sold; and
(c) open and inspect any trunk, box, bag, parcel or
receptacle,
if he has reasonable grounds to believe that any of them
contains any game or fish killed, taken, shipped or had in
possession in contravention of this Act or the regulations, the
Ontario Fishery Regulations or the Migratory Birds Convention R-s.c. 1952.
Act (Canada) or the regulations made under that Act.
(2) An officer who has reasonable grounds to believe that Search
it is necessary to enter any building which by this Act he is
not authorized to enter without a search warrant shall make a
deposition before a justice of the peace, and, where the justice
is satisfied that there is reasonable ground for believing that
there is in the building,
(a) anything upon or in respect of which an offence
against this Act or the regulations has been or is
suspected to have been committed ; or
(b) anything which there is reasonable ground to be-
lieve will afford evidence as to the commission of
any such offence,
he may at any time issue a search warrant.
(3) An officer may use as much force as is necessary for use of
him to exercise the powers conferred upon him by subsection 1
or in the execution of a search warrant issued under sub-
section 2. R.S.O. 1960, c. 158, s. 6 (1, 2), amended.
9. An officer on view may arrest without process any ^g"^®* '
person found committing a contravention of this Act or of
the regulations, in which case he shall bring him with reason-
able diligence before a competent court to be dealt with
according to law. R.S.O. 1960, c. 158, s. 6 (3). .
69
Entry upon ^Q, An officer in the discharge of his duties and any
property person by him accompanied or authorized for the purpose
may enter upon and pass through or over private lands with-
out being Hable for trespass. R.S.O. 1960, c. 158, s. 6 (4),
amended.
Authority n, An officer shall investigate all contraventions of this
to prosecute , • i i i • • ,
Act and the regulations brought to his notice and may
prosecute any person who he has reasonable cause to believe
is guilty of an ofifence against this Act. R.S.O. 1960, c. 158,
s. 6 (6), amended.
offlcers"*^"^^ 12. No person shall obstruct, hinder or delay or interfere
with an officer in the discharge of his duty by violence or
threats or by giving false information, or in any other manner.
R.S.O. 1960, c. 158, s. 6 (8).
to"stop^*^ 13. An officer may stop a vehicle or vessel for the purpose
vehicles, Qf
vessels '
(a) determining whether the occupants of the vehicle
or vessel have been hunting or fishing; or
{b) obtaining information as to the number and species
of game or fish taken. New.
kispectfo^n of ■*-^* ^^ person shall refuse to allow an officer to examine
documents any book, invoice or document containing any entry or
memorandum relating to game or fish that the officer suspects
of being taken or possessed in contravention of this Act or
the regulations, the Ontario Fishery Regulations or the
c!'i79* "^^^^' Migratory Birds Convention Act (Canada) or the regulations
made under that Act, and he shall afford every reasonable
facility for the examination, and, upon refusal, the officer
may, without a search warrant, break any lock or fastening
that may be necessary in order to conduct the examination
and remove any such book, invoice or document to safe-
keeping. R.S.O. 1960, c. 158, s. 70, part, amended.
game'^an^d 1^* — (1) •^'^Y game or fish suspected of having been taken
property ^^ possessed and any thing, except an aircraft, vehicle or
vessel, suspected of having been used in contravention of this
Act or the regulations, the Ontario Fishery Regulations or
the Migratory Birds Convention Act (Canada) or the regula-
tions made under that Act, shall be seized.
ffrcr"a?t°ltc. (2) An aircraft, vehicle or vessel,
{a) suspected of having been used; or
69
(b) used in transporting game or fish suspected of having
been taken or possessed,
in contravention of this Act or the regulations, the Ontario
Fishery Regulations or the Migratory Birds Convention ^c^i^-^-C- 1952,
(Canada) or the regulations made under that Act may be
seized.
(3) Upon conviction, any property seized under this section Forfeiture
is forfeited to the Crown in right of Ontario as represented by seized^®^*^
the Minister. R.S.O. 1960, c. 158, s. 81 (1), amended.
GENERAL PROVISIONS
16. No person shall for hire, gain or reward, or hope ^J^g"*i^e for
thereof, hunt game, or employ, hire or for valuable considera- bibited
tion, induce any other person to hunt game. R.S.O. 1960,
c. 158, s. 48.
17. — (1) No person shall hunt or fish or with any gun or Entry after
sporting implement, fishing rod or tackle in his possession go
upon any enclosed or unenclosed land or water after he has
had oral or written notice not to hunt or fish thereon by the
owner or by a person authorized by the owner to give such
notice.
(2) No person shall, wrongful
^ ' ^ erection or
destruction
(a) without authority give or cause to be given the
notice mentioned in subsection 1; or
{b) tear down, remove, deface, damage or interfere with
any notice put up, posted or placed pursuant to sub-
section 1. R.S.O. 1960, c. 158, s. 66 (2, 3), amended.
(3) No person shall, for the purpose of hunting or fishing. Growing
enter into or allow a dog to enter into growing or standing '"^^^^
grain or any other crop, whether of one kind or not, without
the permission of the owner or a person authorized by the
owner to give such permission.
(4) No person in a party of more than twelve persons shall ^"ties'* *°
hunt or with any gun or sporting implement enter upon any e^°e6<|i'^8
enclosed or unenclosed land in a county without the per-
mission of the owner or a person authorized by the owner to
give such permission.
Entry on
(5) No person shall without authority enter or attempt to use°d^for*
enter upon lands owned by the Crown that are used for the o?°retai^*in|
purpose of propagating or retaining game or fish. ||£^® °'"
69
Destruction (5) ]\Tq person shall tear down, remove, damage, deface or
of notices . ^ r -i • -fir-x
or signs interfere with any notice or sign 01 the Department put up,
posted or placed for the purposes of this Act. R.S.O. 1960,
c. 158, s. 65 (1-4), amended.
Common (7) Nothing in this section limits or in any way aflfects the
for trespass remedy at common law of an owner for trespass. R.S.O. 1960,
c. 158, s. 65 (5).
apprehension (8) Every person found contravening any provision of this
section may be apprehended without warrant by a constable
or by the owner of the land on which the contravention takes
place, or by the servant of or by any person authorized by such
owner, and be taken forthwith to a justice of the peace to be
dealt with according to law. R.S.O. 1960, c. 158, s. 66 (5) ;
1960-61, c. 32, s. 10, amended.
Offence of
hunting
carelessly
18. Every person is guilty of the ofifence of hunting care-
lessly who, being in possession of an air-gun or fire-arm for
the purpose of hunting, discharges or causes to be discharged
or handles such air-gun or fire-arm without due care and
attention or without reasonable consideration for persons or
property and is liable to a fine of not more than $1,000 or to
imprisonment for a term of not more than one year, or to
both. 1960-61, c. 32, s. 11, amended.
Use of
aircraft
19. Except as provided in the regulations, no person shall
use an aircraft while hunting. R.S.O. 1960, c. 158, s. 59,
amended.
Fire-arms 20. — (1) No person, while engaged in hunting or trapping
areas game or while going to or returning from a hunting camp or
locality that game inhabits or where game is usually found,
shall,
(a) have a loaded air-gun or fire-arm in or on, or dis-
charge the same from, an aircraft or a vehicle; or
{b) discharge an air-gun or fire-arm from or across the
travelled portion of a highway, road, street, avenue,
parkway, driveway, square, place, bridge, viaduct
or trestle, used or intended for use by the public for
the passage of vehicles. R.S.O. 1960, c. 158, s. 60 (1),
amended.
Fire-arms
in power-
boats
R.S.C. 1952.
c. 179
(2) Except as otherwise provided in the Migratory Birds
Convention Act (Canada) or the regulations made under that
Act, no person shall have a loaded air-gun or fire-arm in or
on or discharge the same from a power-boat. R.S.O. 1960,
c. 158, s. 60 (2).
69
(3) A fire-arm having an unfired shell or cartridge in the J^^fJ'P^®"
chamber or in a magazine attached to the fire-arm shall be
deemed to be loaded within the meaning of this section.
R.S.O. 1960, c. 158, s. 60 (3), amended.
21. Notwithstanding section 19 and clause a of subsection 1 ^XS^
of section 20, wolves may be hunted from an aircraft or a
vehicle under the authority of a licence issued by the Minister
and subject to such terms and conditions as are prescribed
by the regulations. R.S.O. 1960, c. 158, s. 61, amended.
22. In a locality that game usually inhabits or in which ^g^to^^un"^"
game is usually found, no person shall have an air-gun or fire-
arm in his possession for the purpose of hunting unless it is
unloaded and encased between one-half hour after sunset and
one-half hour before sunrise of any day. R.S.O. 1960, c. 158,
s. 47, cl. (a), amended.
23. Notwithstanding section 22, the holder of a licence to^^^^"^^^'^"^-
. ° raccoon
hunt raccoon may possess or use a fire-arm for the purpose hunting
of hunting raccoon during the open season therefor when
accompanied by a dog licensed therefor. R.S.O. 1960, c. 158,
s. 47, cl. {d), amended.
24. No person shall hunt any animal or bird with a repeat- ^'^*°"^^j^*^°
ing, automatic or auto-loading shot-gun that has not been .
permanently plugged or altered so that it is incapable of hold-
ing a total of more than three shells at one time in the chamber
and magazine. R.S.O. 1960, c. 158, s. 62.
25. — (1) Except as provided in the regulations, no person ^^^"^j"^^-
shall hunt, trap or possess, or attempt to trap, any animal provincial
or bird in a provincial park or in a Crown game preserve.
(2) Except as provided in the regulations, no person shall ^®^P°j!]|/"
possess in a provincial park or in a Crown game preserve any parks
trap, explosive, gun or sporting implement. R.S.O. 1960,
c. 158, s. 11, amended.
26. Except as provided in the regulations, no person shall prohibited
take or kill or attempt to take or kill any animal by means
of poison. R.S.O. 1960, c. 158, s. 46, amended.
27. Except as provided in the regulations, no person shall Ferrets
use a ferret in hunting game animals. R.S.O. 1960, c. 158,
s. 32> (10), amended.
28. No person who has taken or killed an animal, bird or Flesh not to
fish suitable for food shall allow the flesh to be destroyed or
spoiled. R.S.O. 1960, c. 158, s. 58, part.
69
10
Release of 29. Without the written authority of the Minister, no
imported , ,, , • i • , i • ,
stock person shall release into natural cover any animal or bird
imported into Ontario or propagated from stock imported
into Ontario. R.S.O. 1960, c. 158, s. 49 (2).
ofgame'*^°'^ 30. Nothing in this Act prevents the bringing of game
into Ontario from a place outside Ontario or the possession
in Ontario of game taken outside Ontario if the game was
legally taken. R.S.O. 1960, c. 158, s. 49 (1), amended.
Hotels,
restaurants,
etc.
31. Except with the written authority of the Minister, no
hotel, restaurant, boarding-house or other commercial prem-
ises shall mention on a bill of fare or serve any game, other
than game that has been propagated or sold under a licence.
R.S.O. 1960, c. 158, ss. 13, 45, amended.
Offence to
make false
statement
32. Any person who knowingly makes any false statement
in any application, statement under oath, report or return
required by this Act or the regulations is, in addition to any
other penalty for which he may be liable, guilty of an offence
against this Act. R.S.O. 1960, c. 158, s. 25 (9), amended.
LICENCES
Licences
33. Except under the authority of a licence, no
shall hunt or trap or attempt to trap animals or birds.
1960, c. 158, s. 7 (1), amended.
person
R.S.O.
tion*of^^'^' 34. — (1) No person shall contravene the terms or con-
terms, etc. ditions of his licence. New.
Transfer of
licence,
coupon or
seal
(2) Except as prescribed by the regulations, no licence
shall be transferred and no person shall buy, sell, exchange
or in any way be a party to the transfer of a 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.
ffce^nce dis- (^) '^^^ issue of a licence is in the discretion of the
cretionary Minister. R.S.O. 1960, c. 158, s. 25 (1, 3), amended.
Refund of
fees
(4) The Minister may direct the refund of the whole or any
part of the fee paid for any licence where, owing to the licence
not having been used, or having been used for part only of
the period for which it was issued, he deems it just, and the
Treasurer of Ontario, upon the written request of the Minister,
shall cause the refund to be made to the holder of the licence.
R.S.O. 1960, c. 158, s. 76, amended.
Cancellation
of licence
of error has been made from any cause when issuing it, and the holder
(5) The Minister may cancel any licence where an error
69
11
has no claim for indemnity or compensation with respect
to it other than the adjustment or refund of any fee collected.
R.S.O. 1960, c. 158, s. 67 (2), amended.
(6) Except as provided in the regulations, no holder of abe°carried*
licence shall hunt game unless at that time he has the licence
on his person. R.S.O. 1960, c. 158, s. 25 (6), part, amended.
(7) The holder of a licence shall produce and show it to ^f ^/^^^^^'^
any ofificer whenever requested by the officer. R.S.O. 1960, on demand
c. 158, s. 25 (4), amended.
(8) The holder of a licence shall wear in a conspicuous wearing of
place on his person any badge that is furnished to him by
the Department at the time of the issue of the licence, and
the licence with which a badge is furnished at the time of issue
is not valid unless the holder is wearing the badge in the
manner required by this subsection. R.S.O. 1960, c. 158,
s. 25 (6), part, amended.
(9) The holder of a licence obtained by any false or mis- Licence
,,. ,. - . f . . .obtained by
leadmg statement made m respect or any miormation required misrepre-
for the issue of the licence shall be deemed to be the holder of
a void licence and the holder may be prosecuted under this Act
in the same manner and with the same effect as he could be
prosecuted if he were not the holder of a licence. R.S.O.
1960, c. 158, s. 25 (8), amended.
35. Except as prescribed by the regulations, no licence Minors
shall be issued to any person under the age of sixteen years.
R.S.O. 1960, c. 158, s. 9.
36. — (1) No person shall issue any licence or collect anypsuersof
fee in respect thereof unless authorized by the Minister.
(2) No issuer of licences shall issue and no person shall ^^^^^^''^^q
possess a hunting licence that does not exhibit the name of ^^f "jf^ ^"
the holder or that is antedated or undated. R.S.O. 1960,
c. 158, s. 26, amended.
(3) Every issuer of licences shall keep such records andfo^^^ake
make such returns relating thereto as are prescribed by the '■®*"'"'^°
regulations. New.
37. — (1) The Minister may in writing authorize any muni- J^^^^^^p^^
cipality to pass by-laws for issuing and fixing the maximum to hunt
number of licences to hunt, during the open season, pheasants, etc.
rabbits and foxes and for charging such fees therefor as he
authorizes, and the Minister may fix the minimum number
of such licences that the by-law shall provide for.
69
12
Where (2) Where a municipality has passed a by-law under sub-
mumcipal ^ / i n i i i i • r
licence section 1, no person shall hunt pheasants, rabbits or foxes in
the municipality during the open season without a licence from
the municipality. R.S.O. 1960, c. 158, s. 27, amended.
Validity of (3) Where a municipality has passed a by-law under sub-
section 1, the Minister may in writing authorize the munici-
pality to pass a further by-law to provide that a licence to
hunt animals and birds not protected by this Act or the
R-S.c. 1952, regulations or the Migratory Birds Convention Act (Canada)
or the regulations made under that Act, during the period
between the 1st day of March and the 31st day of August,
is not valid in that municipality unless it is signed by the
clerk of the municipality or by a person authorized by him.
New.
GAME ANIMALS
Open
seasons
38. — (1) Except under the authority of a licence and during
such times and on such terms and conditions and in such parts
of Ontario as are prescribed by the regulations, no person
shall hunt black bear, polar bear, caribou, deer or moose.
R.S.O. 1960, c. 158, s. 29; 1960-61, c. 32, s. 3, amended.
ofY/cences*^ (2) Except as prescribed by the regulations, no person
shall be the holder of more than one licence to hunt caribou,
deer or moose in any year. R.S.O. 1960, c. 158, s. 25 (7),
amended.
Caribou,
deer and
moose that
may be
talcen
39. — (1) Subject to subsections 2, 3 and 4, no person shall,
during the open season, take or kill more than one caribou
under a licence to hunt caribou, one deer under a licence to
hunt deer, or one moose under a licence to hunt moose.
R.S.O. 1960, c. 158, s. 31 (1), amended.
Exception,
party
hunting
caribou
Exception,
party
hunting
deer
(2) Where two or more persons who hold licences to hunt
caribou are hunting as a party, any member of the party may
take or kill the number of caribou that is equal to the number
of such licences held by the members of the party, but in
no case shall the total number of caribou taken or killed
by the members of the party exceed the total number of
such licences held by the members of the party. New.
(3) Where two or more persons who hold licences to hunt
deer are hunting as a party, any member of the party may
take or kill the number of deer that is equal to the number of
such licences held by the members of the party, but in no case
shall the total number of deer taken or killed by the members
of the party exceed the total number of such licences held
by the members of the party. R.S.O. 1960, c. 158, s. 31 (2).
69
13
(4) Where two or more persons who hold licences to hunt Exception,
moose are hunting as a party, any member of the party may huntmg
take or kill the number of moose that is equal to the number ^°°^^
of such licences held by the members of the party, but in no
case shall the total number of moose taken or killed by the
members of the party exceed the total number of such licences
held by the members of the party. 1960-61, c. 32, s. 4.
40. No person shall take or kill a black bear, polar bear. Traps, nets,
caribou, deer or moose by means of a trap, net, baited line or prohibited
other similar contrivance or set any of them for any such
animal. R.S.O. 1960, c. 158, s. 33 (8); 1960-61, c. 32, s. 5,
amended.
41. No person shall hunt a caribou, deer or moose while ^^j^J^^^s
it is swimming. R.S.O. 1960, c. 158, s. 30 (5), cl. (b), amended, deer or'
° \ / > \ / ' moose
42. Except under the authority of a licence and during Hunting,
1^- 1 1 11-- 1- , ° trapping,
such times and on such terms and conditions and in such parts etc.
of Ontario as the Minister prescribes, no person shall hunt
or trap or attempt to trap any rabbit or any black, grey or
fox squirrel. R.S.O. 1960, c. 158, s. 30 (4), part, amended.
43. — (1) Except under the authority of a licence and sub-pcence
ject to the regulations, no person shall sell a game animal of a game
or possess a game animal for sale. R.S.O. 1960, c. 158, s. 45^^'^'™^
amended.
(2) Subsection 1 does not apply to European hare or ^^"^^p***"^
varying hare. New.
44. Except with the written authority of the Minister, Taking
no person shall, during a closed season, take a game animal animal for
for educational or scientific purposes. R.S.O. 1960, c. 158, purposes
s. 18, amended.
45. Notwithstanding anything in this Act, any person pealing in
may under the authority of a licence sell the meat of a bear
if taken lawfully, and any person may without a licence
possess or buy any bear meat for his own use. R.S.O. 1960,
c. 158, s. 15, part.
GAME BIRDS
46. Except under the authority of a licence and during ^^^°t.^f|'
such times and on such terms and conditions and in such parts s*°-
of Ontario as are prescribed by the regulations, no person shall
hunt ruffed grouse, spruce grouse, Hungarian partridge,
pheasant, sharp-tailed grouse, greater prairie-chicken, ptarmi-
gan, bob-white quail or wild turkey. R.S.O. 1960, c. 158,
s. 38 (1), amended.
69
14
bdrdg*'"* 47. No person shall hunt any game bird during the closed
season or any other bird at any time, except crows, cow-
birds, blackbirds, starlings and house-sparrows. R.S.O. 1960,
c. 158, s. 40, amended.
snares ^'^^ 48. No person shall use, set or maintain a net, trap,
prohibited spring, cage or other similar contrivance for the purpose of
taking or killing any game bird. R.S.O. 1960, c. 158, s. 41,
amended.
49. No person shall hunt pheasant with a rifle.
1960, c. 158, s. 63.
R.S.O.
propagation, 50. Except under the authority of a licence and subject
game°birds ^° ^^^ regulations, no person shall propagate or sell a game
bird or possess a game bird for propagation or sale. R.S.O.
1960, c. 158, s. 17 (1), amended.
huSfng*"^^ 51. Except under the authority of a licence and subject
preserves to the regulations, no person shall own or operate a game
bird hunting preserve. R.S.O. 1960, c. 158, s. 39, amended.
ni^sts ^^^ 52. No person shall take, destroy or possess the eggs or
protected nests of any game bird, except with the written authority of
the Minister to take, destroy or possess the eggs or nests for
educational or scientific purposes. R.S.O. 1960, c. 158, s. 43,
amended.
FUR-BEARING ANIMALS
trapping. 53. Except under the authority of a licence and during
®*°- such times and on such terms and conditions and in such parts
of Ontario as the Minister prescribes, no person shall hunt
or trap or attempt to trap any fur-bearing animal. R.S.O.
1960, c. 158, s. 30 (4), part, amended.
li^l^'"^ *° 54.— (1) The Minister may, in a licence to hunt or trap
fur-bearing animals,
(a) fix the number of each species of fur-bearing animal
that may be taken thereunder; and
{b) designate the area in which fur-bearing animals may
be taken thereunder by the holder of the licence.
Idem
(2) The Minister may limit the number of licences to hunt
or trap fur-bearing animals in any area. R.S.O. 1960, c. 158,
s. 10 (1, 2), amended.
69
15
(3) No non-resident shall be the holder of a licence to^^^^^^g
hunt or trap fur-bearing animals. R.S.O. 1960, c. 158, s. 25 (5),
amended.
(4) The holder of a licence to hunt or trap fur-bearing ^"^I'j^^^^y
animals may sell any fur-bearing animal taken by him under
the authority of the licence or the pelt of any such animal.
(5) Subject to sections 25 and 37, the holder of a licence £^^®p*^°"«
to hunt or trap fur-bearing animals may, under the authority trappers
of that licence and without any other licence, hunt, in the
area described in the licence during the open seasons between
the 15th day of October and the 30th day of June in the year
next following, any bird or animal, other than caribou, deer
or moose.
(6) A farmer or any of his family residing with him upon Exceptions
his lands may without a licence hunt or trap thereon fur- farmers
bearing animals during the open seasons and may hunt
thereon birds or animals, other than caribou, deer or moose,
during the open seasons, and, subject to this Act, any farmer
may without a licence sell the fur-bearing animals so hunted
or trapped or the pelts thereof, but he shall keep such records
and make such returns relating thereto as are prescribed by
the regulations. R.S.O. 1960, c. 158, s. 7 (2-4), amended.
55. Where a person has taken or killed any fur-bearing ^k^^^in
animal in the closed season on his own lands in defence or pJ®^®'"'^^**^^
r 1 • 1 , 11 • 1 • 1 . , of property
preservation of his property, he shall within ten days thereof
report the facts to the Department, and he shall not offer
the pelt of such fur-bearing animal for sale or barter during
the closed season except under a licence, and any fur dealer
possessing such a pelt shall hold the licence and forward it
to the Department when applying for a licence to ship it out
of Ontario or to dress or tan it. R.S.O. 1960, c. 158, s. 36,
part, amended.
56. Except as prescribed by the regulations, no person q °fur!^^°"
shall during the closed season have in his possession or in bearing
^1 ^ r 1 • -1 /• 1 animals in
that ot his servant or agent, or in that of any other person closed
on his behalf, any fur-bearing animal wherever killed,
{a) except that a pelt of an animal killed in Ontario may
be possessed during the closed season under a licence
if applied for within ten days after the end of the
open season in which it was killed, but this clause
does not apply to the pelts of beaver, fisher, lynx,
marten, mink and otter that have been sealed or
marked in accordance with this Act or to the pelts
of mink raised on a fur farm ; and
69
16
(b) except that a pelt of an animal killed outside Ontario
may be possessed during the closed season under a
licence if applied for within forty-eight hours after
the pelt is received. R.S.O. 1960, c. 158, s. 44,
els. (b, c), amended.
Licences:
57. — (1) Except under the authority of a licence, no person
shall,
fur tanner's
(a) engage in or carry on, or be concerned in, the
tanning, plucking or treating of pelts; or
fur dealer's
{b) possess, engage in or carry on, or be concerned in,
the trading, buying or selling of fur-bearing animals
or pelts. R.S.O. 1960, c. 158, s. 12 (1), els. (c, d),
amended.
Trade only
between
licensed fur
dealers
Sealing and
marking of
skins and
pelts
(2) No holder of a licence under clause b of subsection 1
shall sell, trade or barter, or be concerned in the selling,
trading or bartering, of pelts to or with any other person in
Ontario except where that other person holds a licence under
clause & of subsection 1. R.S.O. 1960, c. 158, s. 12 {2), amended.
58. — (1) The pelts of beaver, fisher, lynx, marten, mink
and otter shall be sealed or marked by a duly authorized
person before sale, and no person licensed under clause b of
subsection 1 of section 57 shall have unsealed or unmarked
beaver, fisher, lynx, marten, mink or otter pelts in his
possession.
Exception
(2) Subsection 1 does not apply to the pelts of mink raised
on a fur farm.
Offence
(3) No person shall present or permit to be presented for
sealing or marking the pelt of a beaver, fisher, lynx, marten,
mink or otter that was not taken by him under the authority
of his licence to hunt or trap fur-bearing animals or under
subsection 6 of section 54.
Idem
(4) No person shall be party to having or attempting to
have sealed or marked the pelt of a beaver, fisher, lynx,
marten, mink or otter that was not taken under the authority
of the licence that is presented with the pelt. R.S.O. 1960,
c. 158, s. 30 (1-3), amended.
59. Except under the authority of a licence, no person
Licence for
propagation
bearing shall propagate a fur-bearing animal or possess a fur-bearing
animal animal for propagation. R.S.O. 1960, c. 158, s. 17 (1),
amended.
69
17
60. Subject to section 2 and except under the authority Dens of
of a licence to hunt or trap fur-bearing animals, no person antolfs""^
shall molest, damage or destroy,
(a) a den or usual place of habitation of a fur-bearing
animal, other than that of a fox or skunk; or
(b) a beaver dam. R.S.O. 1960, c. 158, s. 33 (7), amended.
61. — (1) No person shall take or ship or attempt to take Royalties
or ship to a point outside Ontario any fur-bearing animal
or its pelt without a licence and without paying the royalty
prescribed by the regulations.
(2) No person shall send or have sent any fur-bearing ^"^^"^
animal or its pelt to a tanner or taxidermist to be tanned,
plucked or treated in any way without a licence and without
paying the royalty prescribed by the regulations. R.S.O.
1960, c. 158, s. 28 (1), amended.
62. No person who has taken or killed a fur-bearing animal f^^^^ ^°^
shall allow the pelt to be destroyed or spoiled. R.S.O. 1960, destroyed
c. 158, s. 58, part.
63. Notwithstanding anything in this Act, any person iriay ^©IJ^'is ^'^
under the authority of a licence sell the meat of a beaver, etc.
muskrat or raccoon if taken lawfully, and any person may
without a licence possess or buy any such meat for his own
use. R.S.O. 1960, c. 158, s. 15, part.
FISH
64. — (1) No person shall sell, offer for sale, purchase or No traffic
barter, or be concerned in the sale, purchase or barter, of an fish
Atlantic salmon (also known as ouananiche) taken from
Ontario waters, a small-mouthed black bass, large-mouthed
black bass, maskinonge, speckled trout, brown trout, rainbow
trout, Kamloops trout or Aurora trout, but, under the author-
ity of a licence and subject to such terms and conditions as
are prescribed by the regulations, a person may sell,
(a) small-mouthed black bass, large-mouthed black bass,
speckled trout, brown trout, rainbow trout, Kam-
loops trout and Aurora trout for the purpose of
stocking; and
(b) speckled trout, brown trout and rainbow trout for
human consumption. 1960-61, c. 32, s. 8, amended.
(2) No person shall sell, offer for sale, purchase or barter, ^*^e™
or be concerned in the sale, purchase or barter, of yellow
69
18
pickerel (also known as pike-perch, walleye or dor6), pike,
lake trout or sturgeon taken from Ontario waters by angling
or taken in any other manner by a person without a licence.
(3) No person shall buy, sell or possess a fish or part of a
fish taken from Ontario waters during the closed season for
that fish. R.S.O. 1960, c. 158, s. 53 (2, 3), amended.
possession 65. — (1) Except under the authority of a licence, no person
shall possess a gill, hoop, pound, seine, trap or trawl net.
Idem
Idem (2) No person shall sell a gill, hoop, pound, seine, trap or
trawl net to any person not the holder of a commercial fishing
licence or a licence under subsection 1. R.S.O. 1960, c. 158,
s. 21, amended.
apart'^^^^* 66. No person shall take or attempt to take fish by any
means from waters set apart for the conservation or propaga-
tion of fish, but the Minister may, in writing, authorize fish
to be taken from such waters for scientific purposes. R.S.O.
1960, c. 158, s. 52 (1), amended.
Right to
fish
67. The ownership of the bed of a navigable water or of a
lake or river does not include the exclusive right of fishing in
the water that covers or flows over the bed unless that ex-
clusive right is expressly granted by the Crown. R.S.O. 1960,
c. 158, s. 56 (1), amended.
DOGS
Use of
dogs in
hunting
deer, etc.
68. Except under the authority of a licence issued for the
dog, no person shall use or be accompanied by a dog while
hunting caribou, deer or moose. R.S.O. 1960, c. 158, s. 34 (1),
amended.
Dogs
running at
large, etc.
69. — (1) No person owning, claiming to own or harbouring
a dog shall allow it to run at large during the closed season
for deer in a locality that deer usually inhabit or in which
they are usually found, and a dog found running deer during
the closed season for deer in such a locality may be killed on
sight by an officer without incurring any liability or penalty
therefor. R.S.O. 1960, c. 158, s. 34 (4, 5), amended.
dogskin (2) No person shall use or be accompanied by a dog while
prohibil.ed^'^ hunting deer in a part of Ontario that is designated by the
are*ae^*etc'*^'^ regulations, and a dog found running at large in such a desig-
nated part of Ontario may be killed on sight by an officer
without incurring any liability or penalty therefor, R.S.O.
1960, c. 158, s. 34 (3), amended.
69
19
70. Except in a field trial approved in writing by the |^g®^*J"f^°^^^g
Minister, no person owning, claiming to own or harbouring
a dog shall allow it to molest or follow upon the track of any
game bird during the months of April, May, June and July
in any year or disturb its nest at any time. R.S.O. 1960,
c. 158, s. 42, amended.
LIVE GAME AND WOLVES
71. — (1) Except under the authority of a licence issued on Live game
such terms and conditions as are prescribed by the regulations, captivity
no person shall keep live game or a wolf in captivity for more
than fourteen days. New.
(2) Live game or a wolf kept in captivity contrary to this seizure of
section and any cage, pen, crate, shelter or other enclosure cages, etc.
used in connection therewith shall be seized, and, upon convic-
tion of the person in possession or control thereof, becomes
the property of the Crown in right of Ontario and may be
disposed of by the Minister.
(3) This section does not apply where live game or a wolf ^/'gP'^^^fQ*^"'^
is kept in captivity in a public zoo or for scientific or educa-
tional purposes in a public institution. R.S.O. 1960, c. 158,
s. 20 (5, 6), amended.
TRANSPORTATION AND EXPORT
72. — (1) No non-resident entitled to hunt under a licence Export
shall export more game than the number he is authorized toby non-
possess by this Act or the regulations or the Migratory Birds^-^^Q i952_
Convention Act (Canada) or the regulations made under that°- ^'^^
Act. R.S.O. 1960, c. 158, s. 50 (1), amended.
(2) No person shall ship or transport or cause to be shipped q/ flg^^*^''*
or transported, or receive or possess for shipment or transport, or game
fish or game caught, taken or killed in Ontario during the taken
closed season. R.S.O. 1960, c. 158, s. 72 (1), cl. {d), amended,
(3) The Minister may issue a permit not inconsistent with '^/^ame'^*
any law of Canada to export from Ontario or to transport under
in Ontario at any time any game, whether dead or alive, upon
proof under oath satisfactory to him that the game has been
lawfully taken. R.S.O. 1960, c. 158, s. 75, amended.
73. No person shall ship or transport or cause to be Receptacles
shipped or transported, or receive or possess for shipment or marked
transport, a receptacle containing game or fish that is not
plainly marked on the outside in such a manner as to give
a description of the contents and the name and address of the
consignee and of the consignor. R.S.O. 1960, c. 158, s. 73,
amended.
69
20
PROCEDURE
Offence
74. A contravention of this Act or the regulations or of
the terms and conditions of a licence is an offence against this
Act. R.S.O. 1960, c. 158, s. 78 (3), amended.
Description
of offence
75. The description of an offence in the words of this
Act or of the regulations, as the case may be, or in any words
to the like effect, is sufficient, and an information may be
for more than one offence, and more than one offence may
be set out in one count. R.S.O. 1960, c. 158, s. 78 (4), amended.
Similar
offence on
the same
day
76. Where in a prosecution under this Act it appears in
evidence that more than one offence of the same kind was
committed at the same time or on the same day, the court
shall in one conviction impose all the penalties at the same
time. R.S.O. 1960, c. 158, s. 78 (6).
Procedure
R.S.O. 1960,
c. 387
77. Except where otherwise provided, The Summary Con-
victions Act applies to all prosecutions under this Act. R.S.O.
1960, c. 158, s. 78 (9).
Money
payment as
security for
appearance
in court
R.S.O. 1952,
c. 179
78. — (1) The Minister may authorize any officer to collect
a money payment as security for appearance in court from any
person against whom the officer is about to lay an information
for an offence against this Act or the regulations, the Ontario
Fishery Regulations, the Migratory Birds Convention Act
(Canada) or the regulations made under that Act.
Disposition
of money
payments
(2) Where a money payment has been collected under sub-
section 1 and the person charged does not appear in court,
he may be tried in absentia and, upon conviction, whether or
not he has appeared in court, the money payment shall be
applied to the payment of any fine imposed and the costs,
and the balance, if any, shall be remitted to the person
convicted, and, where no conviction is made, the money
payment shall be remitted to the person who made it. New.
Disposition
of forfeited
property
79. — (1) All property forfeited to the Crown under this
Act may be disposed of by the Minister, and, where the
seizure has been made from a person unknown, perishable
game or fish may be disposed of forthwith, and any other
property seized may be disposed of by the Minister after the
expiration of thirty days. R.S.O. 1960, c. 158, s. 81 (1), part,
amended.
Relief from (2) Where the Minister is satisfied that the forfeiture of
IOI*IG1lUT'6
any property, other than game or fish, would work undue
hardship or injustice, he may grant relief from forfeiture,
69
21
in whole or in part, and direct its return to the person from
whom it was taken upon such terms and conditions as he
deems proper. R.S.O. 1960, c. 158, s. 81 (3), amended.
80. — (1) Upon the conviction of any person of an offence ^^^"^l^^f^lfi"
against this Act or the Ontario Fishery Regulations, any of^Hcences
hcence, except a Hcence to hunt, other than a hcence to hunt conviction
or trap fur-bearing animals, which is held by him and which
is related to the offence, shall be deemed to be cancelled
without further action or notice, but the Minister may revive
the licence upon such terms and conditions as he deems
proper.
(2) Upon the conviction of any person of an offence against an^ °pro^*^°"
this Act or under The Forest Fires Prevention Act, the Migratory hibition
Birds Convention Act (Canada) or the regulations made under issue of
that Act, or under section 165, 191, 192, 193, 372, 373, 374, ^^''l^o^^geo
375, 377, 383, 384, 385 or 386 of the Criminal Code (Canada) «• i52;
as amended or re-enacted from time to time, committed c. "179;
while using or in possession of an air-gun or fire-arm for thcc. 51' (Can.)
purpose of hunting, the court may cancel any licence to hunt,
except a licence to hunt or trap fur-bearing animals, issued to
such person, and, upon such conviction, the court may order
that such person shall not apply for or procure any licence
to hunt, except a licence to hunt or trap fur-bearing animals,
during the period stated in the order. R.S.O. 1960, c. 158,
s. 81 (5, 6), amended.
(3) Every person who fails to comply with an order made^^ence
against him under subsection 2 is guilty of an offence against
this Act. R.S.O. 1960, c. 158, s. 81 (7).
81. In prosecutions under this Act in respect of,
(a) taking, killing, procuring or possessing game or fish,
or any part thereof, the onus is upon the person
charged to prove that the game or fish or part thereof
was lawfully taken, killed, procured or possessed by
him;
(b) hunting or trapping, the possession of a gun, decoy
or other implement for hunting or trapping in or
near a place that game inhabits or where game is
usually found is prima facie proof that the person
in possession of it was hunting or trapping, as the
case may be; or
{c) making of returns by a licensee or an issuer of
licences, the production of a return is prima facie
proof of the making of such return and the contents
thereof. R.S.O. 1960, c. 158, s. 79, amended.
69
Evidence
22
pe^naity ^^' Except where otherwise provided, every person who
commits an offence against this Act is Hable to a fine of not
more than $1,000. New.
REGULATIONS
by^Ltfoov^. ^^* T^^ Lieutenant Governor in Council may make rega-
in Council ' lations,
1. establishing classes for licences referred to in this
Act or the regulations or the Ontario Fishery Regu-
lations, governing the issue, form, renewal, transfer,
refusal and cancellation of licences or any class of
them, prescribing their duration, territorial limita-
tions, terms and conditions and the fees payable
therefor, and limiting the number of licences of any
class that may be issued;
2. respecting the issue of licences to trap fur-bearing
animals on Crown lands and dividing Ontario or
any part thereof into trap-line areas and designating
such areas by identifying numbers and initials;
3. providing for licensing persons to hunt in any pro-
vincial park in which hunting is permitted under
paragraph 14 or on Crown lands in any part of
Ontario designated under paragraph 15 ;
4. prescribing the terms and conditions upon which
licences may be issued to persons under sixteen years
of age;
5. declaring animals, other than those mentioned in
paragraph 8 of section 1, to be fur-bearing animals;
6. governing the sale of or traffic in any game, prescrib-
ing the fees payable for a seal, tag or other means of
identification that is furnished by the Department
to the holder of a licence to sell any such game,
and requiring such holder to use such seal, tag or
other means of identification in the manner pre-
scribed ;
7. authorizing and regulating the sale of game brought
into Ontario and lawfully hunted or procured
according to the law of the place in which it was
hunted or procured;
8. prescribing the number of game animals, game birds
or fur-bearing animals that may be possessed;
69
23
9. prescribing the open seasons during which and the
terms and conditions upon which black bear, polar
bear, caribou, deer or moose may be hunted;
10. prescribing the open seasons during which and the
terms and conditions upon which ruffed grouse,
spruce grouse, Hungarian partridge, pheasant, sharp-
tailed grouse, greater prairie-chicken, ptarmigan,
bob-white quail or wild turkey may be hunted;
11. designating any parts of Ontario in which no person
shall use or be accompanied by a dog while hunting
deer;
12. limiting the number of licences that may be issued
to own or operate game bird hunting preserves,
prescribing minimum and maximum areas for pre-
serves, requiring and regulating the posting of
boundaries of preserves and the release of game on
preserves, and regulating the spacing of preserves,
the taking or killing of game on preserves and the
use of preserves for hunting;
13. designating parts of Ontario as Crown game pre-
serves and providing for licensing persons to possess
guns in Crown game preserves;
14. prescribing the conditions under which animals or
birds may be hunted in provincial parks or Crown
game preserves, providing for and regulating the
possession or use of traps, explosives, guns or sporting
implements in provincial parks or Crown game
preserves, and prohibiting the use of motor-boats
for trolling in provincial parks;
15. designating Crown lands on which hunting may be
regulated, limiting and regulating the number of
hunters that may hunt at any time and the hours
during which hunting maybe carried on, and prescrib-
ing the fees that may be charged for the use of
equipment and facilities supplied by the Department;
16. designating parts of Ontario as "hinterland areas"
and prohibiting persons, other than residents of the
areas, from entering and travelling about therein
for the purpose of fishing or hunting;
17. prescribing the terms and conditions upon which
aircraft may be used while hunting;
69
24
18. prescribing the terms and conditions upon which
wolves may be hunted from an aircraft or vehicle;
19. prescribing the terms and conditions upon which
a person may use a ferret for hunting game animals;
20. prescribing the terms and conditions upon which
a person may use poison for taking or killing any
animal;
21. regulating or prohibiting the use of snares;
22. regulating, restricting or prohibiting the possession
or use of air-guns or fire-arms for the purpose of
hunting;
23. providing for and establishing a programme to pro-
mote the safe handling of fire-arms by hunters,
providing for the appointment of examiners and for
the examining of persons on the safe handling of
fire-arms, and prescribing fees for examinations;
24. governing the sale under clause a or & of subsection 1
of section 64 of small-mouthed black bass, large-
mouthed black bass, speckled trout, brown trout,
rainbow trout, Kamloops trout or Aurora trout,
prescribing the fees payable for a seal, tag or other
means of identification that is furnished by the
Department to the holder of a licence to sell any such
fish, and requiring such holder to use such seal, tag
or other means of identification in the manner pre-
scribed ;
25. prescribing the royalties payable in respect of fish
or under section 61, and excepting any fish or fur-
bearing animal therefrom;
26. permitting residents of any province extending a
similar right to Ontario residents to be classed as
Ontario residents for the purpose of any specified
licence under this Act;
27. requiring any person to keep such records and make
such reports and returns as are prescribed;
28. respecting any matter necessary or advisable to
carrv out effectively the intent and purpose of this
Act.' R.S.O. 1960, c. 158, s. 82 (1); 1960-61, c. 32,
s. 12, amended.
69
25
84. The Minister may make regulations, "y^'
Regulations
inlster
1. prescribing the open seasons during which and the
terms and conditions upon which any fur-bearing
animal may be hunted or trapped or the pelt of any
of them may be possessed ;
2. prescribing the open seasons during which and the
terms and conditions upon which rabbits or black,
grey or fox squirrels may be hunted or trapped ;
3. setting apart waters for the conservation or propa-
gation of fish;
4. regulating or prohibiting the placing of huts on ice
for the purpose of fishing and regulating their use
and requiring and regulating their removal. R.S.O.
1960, c. 158, s. 82 (2), amended.
85. Any regulation may be limited territorially or as to ^||."{j^*io'"
time or otherwise. R.S.O. 1960, c. 158, s. 82 (3). limited
86. The Game and Fisheries Act and The Game and Fisheries ^"igsj ^^^°'
Amendment Act, 1960-61 are repealed. 0^32"^^'
repealed
87. This Act comes into force on a day to be named by the commenoe-
Lieutenant Governor by his proclamation.
88. This Act may be cited as The Game and Fish Act, short title
1961-62.
69
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