Full text of "Bills, 1968-69, No.1-109"

See other formats

.-.>

;^^'t uisrarTo^

\ ^

V^^-^r-x/r O

'. .< hj'O

LEGISLATIVE ASSEMBLY

OF ONTARIO

SECOND SESSION OF THE TWENTY-EIGHTH

PARLIAMENT

BILLS

AS INTRODUCED IN THE HOUSE

TOGETHER WITH

REPRINTS AND THIRD READINGS

SESSION

NOVEMBER 19th to DECEMBER 20th. 1968

FEBRUARY 4th to APRIL 3rd. 1969

APRIL 15th to JUNE 27th. 1969

and

SEPTEMBER 30th to DECEMBER 17th. 1969

INDEX

PUBLIC BILLS

A Bill \o.

Arc Discrimination Act, 1966 — Act to amend 157

Air Pollucion Control Act, 1968-69 (Lapsed) 21

1967— Act to amend 139

Air I'oilution by Motor Vehicles Act, 1968-69 (La|)sed) 26

Ambulance Act, 1968-69 143

Animals for Research— Act respectinj; the care and Provision of 194

Apprenticeship and Tradesmen's Qualification Act, 1964 — Act to amend . . 56

Archaeological and Historical Sites Protection Act— Act to amend (Liipsed) 149

Assessment Act, 1968-69 205

Automobile Racing — Act to Control (Lapsed) 27

Birth Defects Institute Act, 1968-69 (Withdrawn) 37

Cancer Act — Act to amend 141

Cemeteries Act— Act to amend (Lapsed) 72

Chanpc of Name Act— Act to amend 65

( hild Welfare Act, 1965— Act to amend (Ljipsed) 52

— Act to amend (Lapsed) 145

— Act to amend 243

( hildren's Mental Health Centres Act, 1968-69 138

Collection Agencies Act, 1968-69 171

Commissioner of the Legislature Act, 1968-69 (Talked out) 7

Commissioners for taking Affidavits Act — Act to amend 61

Conservation Authorities Act, 1968— Act to amend 89

Consumer Protection Act, 1966— Act to amend (L;ipsefl) 34

— Act to amend (L;ipscd) 183

— Act to amend 185

Coroners Act — Act to amend (Uipsed) 10

—Act to amend (Uipsed) 100

Corporation Securities Registration Act— Act to amend 153

Cor|X)rations Act — Act to amend 151

— Act to amend 1 84

Corporations Information Act — Act to amend 152

Corporations Tax Act — Act to amend 83

— Act to amend 244

( ounty Judges Act— Act to amend 50

Credit Unions Act — Act to amend 85

—Act to amend 199

[31

D Bill No.

Damage by Fumes Arbitration Act — Act to amend 23

Data Surveillance Act, 1968-69 (Lapsed) 182

Day Nurseries Act, 1966— Act to amend 134

Department of Correctional Services Act, 1968 — Act to amend (Lapsed) 55

Department of Education Act — Act to amend (Lapsed) 209

—Act to amend (Lapsed) 213

— Act to amend 228

Department of Energy and Resources Management Act — Act to amend

(Liipsed) 211

Department of l-inancia! and Commercial Affairs Act, 1966 — Act to amend 170

Department of Health Act, 1968-69 97

Department of Justice — Act respecting 70

Deserted Wives' and Children's Maintenance Act — Act to amend 67

— Act to amend (Lapsed) 104

District Welfare Administration Boards Act, 1962-63 — Act to amend 132

Division Courts Act — Act to amend 123

Dog Tax and Live Stock and Poultry Protection Act — Act to amend 98

Drainage Act, 1962-63— Act to amend 219

Elected Representatives' Ethics Act, 1968-69 (Lapsed) 4

Election Act — Act to amend (Talked out) 14

— Act to amend (Lapsed) 120

— Act to amend 217

Em[)loyment Standards Act, 1968 — Act to amend (Talked out) 32

Energy Act, 1968-69 (Lapsed) 107

Evidence Act — Act to amend 1

Executive Council Act — Act to amend 237

Exi)loitation of \'iolence (Deterrent) Act, 1968-69 (Lapsed) 216

Exjiropriations Act, 1968-69 5

I'arin Products .Marketing Act — Act to amend 158

Fines and Forfeitures .^ct — Act to amend 71

Fish InsiK-ction .Xct — .Act to amend 117

Freshwater Fish Marketing .Act (Ontario), 1968-69 116

Fumes from Smelters —.Act to provide for the Control of (Lapsed) 40

Came and Fish .Art, 1961-62 — Act to amend (Lapsed) 18

— .Act to amend (Lapsed) 113

— ;.Act to amend (Lapsed) 119

Gasoline Handling .Act, 1968-69 108

C.enera! Farm Organization .Act (Ontario), 1968-69 140

C.overnnient Programs Evaluation Commission .Act, 1968-69 (Lapsed) . . 136

H Bill No.

Health Services Insurance — Act respecting 195

Hearing Aid Sales Act, 1968-69 (Lapsed) 38

Highway Improvement Act— Act to amend 229

Highway Traffic Act — Act to amend (Lapsed) 12

— Act to amend (Lapsed) 30

— Act to amend (Lapsed) 33

— Act to amend (Lapsed) 35

— Act to amend (Lapsed) 43

— Act to amend 105

—Act to amend (La|)sed) 137

— Act to amend (Lapsed) 156

— Act to amend (Lapsed) 206

—Act to amend 233

Homemakcrs and Nurses Services Act — Act to amend 133

Homes for the Aged and Rest Homes Act — Act to amend 144

Homes for Special Care Act, 1964 — Act to amend 93

Hospital Labour Disputes Arbitration Act, 1965 — Act to amend 90

Hospitals Tax Act — Act to repeal 80

Human Tissue Act, 1962-63 (Talked out) 57

Impaired Drivers — Act respecting (Lapsed) 29

Income Tax Act, 1961-62 — Act to amend 223

industrial Safety Act, 1964 Act to amend 148

insurance Act — Act to amend (I^ipsctl) 39

— Act to amend (Lajised) 82

— Act to amend 92

Judicature Act- -Act to amend 69

Jurors Act — Act to auiend 68

I^ikehcad, City of — Act to incorporate 118

I^md Titles Act— Act to amend 103

I^indlord and Tenant Act — Act to amend 234

I^iw Enforcement Compensation Act, 1967 — Act to amend 131

Legal Aid Act, 1966 — Act to amend 124

Legislative Assembly Act — Act to amend 175

—Act to amend 236

Loan and Trust Corporations Act — Act to amend 86

Local Improvement Act — Act to amend 186

— Act to amend 220

M Bill No.

Matriiiionia! Caiisi's Act Act to amend 66

Mechanics' Lit-n Act, 1968-6'; 36

Mi'diral Act— Act to amend (Lapsed) 54

Medical Services Insurance Act, 1965 — Act to amend 121

Meiit.il I lealth Act, 1967 Act to amend (Lapsed) 59

Milk Act, 1965 -Act to amend 17

Mining Act Act to amend 24

Act to anieiui 112

-Act to amend (Lapsed) 191

Miiiini; Tax Act- Act to amend Ill

.M(K)sonee Development Area Board Act, 1966 — Act to amend 189

Mortsa^e Brokers Act, 1968-69 181

MortiiKiin and Charitable I'scs Act — Act to amend 154

Motor X'ehicle Accident Claims Act, 1961-62 Act to amend 101

Motorized Snow \ehicles Act, 196S - Act to amend (Lapsed) 160

Municipal Act — Act to amend 2

— Act to amend (Talked out) 6

— Act to amend (Lapsed) 88

Act to amend 222

Municip.il C()r|)orations Quieting Orders Act- Act to amend 188

Muni( ip.d I'Vaiichist's Act- Act to amend 232

Munitiii.il ,ind School Ta.\ Credit Assistance Act, 1967 — Act to amend

( T.ilked out) 44

Muni( in.iHlN' of .Metrojiolit.in Toronto Act —Act to amend (Lapsed) 165

—Act to amend 201

-—Act to amend 221

Muiii( ipalit\- of Xeehinij — Act resixctinp 172

Mniiicipalit\- of .Shtiniah Act respectintr 173

N ursint; I lomes Act, 1966 — Act to amend 95

( )nl.iri() College of Art .Act, 1968-69 41

( )nt.irio Lnersiv Board Act, 1964 — Act to amend 109

( )ntario llerit,ii;e I'oundation Act, 1967 — Act to amend 91

( )niari(. I hinuui Ri;^hts Code, 1961-62— Act to amend (Talked out) 13

— Act to amend 147

— Act to amend (Lapsed) 203

Ont.irio Hurricane Relief l-imd .Act, 1955— .Act to amend 16

I )ni irio Munici]),il Bo.ird Act- Act to amend 231

Ont.irio rnxlucers, Processors, Distributors and Consumers Food Council

Act. 1962-6,^- .Act to amend g7

( )nt.irio School Trustees' Council Act -Act to amend 225

Oiu.irio .Society for the Prevention of Cruelty to Animals Act, 1955

— Act to amend (Lapsed) 31

-Act to amend -ja

Bill No.

Ontario Water Resources Commission Act — Act to amend (rallied out) . . 15

Ophthalmic Dispensers Act, 1960-61 — Act to amend (L;ipsed) 20

Osgoode Hall Law School of York University — Act respectinp Scholarships

for 242

Partnerships Registration Act — Act to amend 60

Pension Benefits Act, 1965 — Act to amend 76

Personal Privacy — Act to provide for the Protection of (Lapsed) 207

Pesticides Act, 1967— Act to amend 96

— Act to amend (Lapsed) 150

Pharmacy Act — ^Act to amend 94

Planning Act — Act to amend (Lapsed) 114

—Act to amend 190

Police Act — Act to amend (Lapsed) 77

— Act to amend (Lapsed) 135

—Act to amend 178

Pounds Act — Act to amend (Lapsed) 28

Pregnant Mare Urine Farms Act, 1968-69 196

Prepaid Hospital and Medical Services Act — Act to amend 22

Professional Engineers Act, 1968-69 48

Provincial Courts Act, 1968 — Act to amend (Lapsed) 115

Public Finance Companies' Investments Act, 1966 — Act to repeal 84

Public Health Act — Act to amend (Lapsed) 42

— Act to amend (Liipsed) 163

Public Parks Act — Act to amend 187

Public Schools Act — Act to amend (Liipsed) 208

—Act to amend 239

Public Service Superannuation Act — Act to amend 192

Public Utilities Act — Act to amend (Uipsed) 9

Public Vehicles Act— Act to amend 106

Rainmaking Eciui()iiicnt Act, 1968-69 (Laj)sed) 167

Raising of Money on the Credit of the Consolidated Revenue Fund— Act to

authorize 168

Real Estate and Business Brokers Act — Act to amend 176

Regional Municii)alit>- of Niagara — Act to establish 174

1968-69— Act to amend 235

Regional Municipality of Otlawa-Carleton. 1968 Act to amend 200

Registry Act — Act to amend 102

Regulations Act — Act to amend 125

Regulations — Act to provide for the Consolidation and Revision of 63

Research Animals Act, 1968-69 (Lapsed) 73

Residential Property Tax Reduction Act, 1968 — Act to amend 81

Retail Sales Tax Act, 1960-61— Act to amend 79

S Bill No.

St. I^iwrcnre Parks Coinniission Act— Act to amend 99

Sch<K)ls Adininislration Act Act to amend 45

— Act to amend (La|)sed) 161

—Act to amend (Talked out) 162

— Act to amend (Lapsed) 164

— Act to amend (Lapsed) 166

— Act to amend (Lapsed) 202

^ Act to amend (Lai)sed) 204

— Act to amend (Lapsed) 212

—Act to amend (La])sed) 214

— Act to amend (Talked out) 215

— Act to amend 241

Secondary Scluwls and Boards of Education Act- Act to amend 46

— Act to amend 240

Securities .\ct, 1%6- Act to amend (Lapsed) 49

— Act to amend (Lapsed) 53

— Act to amend (Lai)sed) 58

— Act to amend 159

Senior ("iti/ens Week- .Act respectiiiii (Talked out) 146

Separate .Scii(K)ls .Act— .Act to amend 47

— Act to amend ('Talked out) 75

— Act to amend 23H

Sheriffs Act Act to amend 126

Sonic Bo<im Investisjation and Control .Act, 196.S-69 (Lapsed) 169

Statutes Act to |>rovide for the Consolidation and Revision of 62

Statutory Towers Judicial Keview Act, 1968-69 (Lapsed) 129

Statutory Powers Procedure Act, 1968-69 (Lapsed) 130

.Sununar\' Convictions .Act .Act to amend 64

Supply .Act, 196S-69 245

.Surroij.ite Courts .Act .Act to amend 127

Surveyors Act, 1968-69 122

I (Ml luMs' .Superannuation ,\it .Act to amend 227

reachini.; Profession .Act- .Act to amend 224

leiritorial Division .Act .Act to amend 198

Tile 1 )r.iina!i;e .Act .Act to amend 177

Time Alt .Art to amend (Lapsed) 142

Tobacco Ta.\ .Act, 1465 .Act to amend 78

Toronto Hospitals Steam Cor|)oralion .Act U) incorporate 230

Toronto Stock l"xciiant;i' .Act respectinij 110

Trade .S(Ihh)1s Rei^ulatiou .Act .Act to amend 226

Trustee .Act .Act to .uuend 128

Iniversities .Ac I to |)rovide for the C.overning Bodies of ('Talked out) ... 19

Cniversilies Commission- .Act to establish (Lapsed) 11

Cpholstered and Stufled .Articles .Act, 1968 — Act to amend 193

Csecl Car Dealers Act. 1968-69 ISO

V Bill No.

Veterinarians Act — Act to amend 197

Voluntary Emergency F"irst Aid and Medical Services Act, 1968-69 (Lapsed) 8

Voluntary Emergency Medical Services Act, 1968-69 (Ljipsed) 3

Voters' Lists Act— Act to amend 218

Wolf and Bear Bounty Act — Act to amend 179

Workmen's Compensation Act— Act to amend (Talked out) 51

— Act to amend 155

PRIVATE BILLS

Banks Alignment Limited — Act respecting Pr30

Belleville, City of — Act respecting I'rl9

Bohier Convalescent Home — Act respecting I*r7

Burlington, Town of — Act respecting I'r5

Carleton University— Act res|jecting i'r25

Co-ordinated Arts Services— Act res|iecting Pr27

Cornwall, City of — Act respecting Prl 1

P2ast York, Borough of— Act respecting I'rl6

Hamilton, City of — Act rcsijecting Pr21

Kitchener, City of — Act respecting Prl 3

Linds;iy, Town of — Act respecting Pr8

London, City of — Act res|)ecting Pr3

Mainionides Schools for Jewish Studies — Act respecting Pr23

March Diamond Drilling — Act respecting IV9

Mississauga, Town of — Act respecting Pr34

Mitchell, Town of — Act resjiecting Prl 5

Mc Bill No.

McMaster University — Act res{)ectinj; I^r32

Niagara I'alls, City of — Act resi)ectint; Pr6

Ontario Co-operative Credit Society — Act respecting Pr2

Ontario, County of — Act resjjectint; Prl4

Ottawa, City of — Act respecting (\ot reported) Prl

Ottawa, City of— Act respectinj; (Not reported) Pr36

i'arr\- Sound, Town of — Act res|)ectini; PrlO

Peel, County of — Act respecting Prl7

I'eterhorough, Cit>- of — Act resijecting Pr29

Sarnia, Cit\' of — Act respecting Pr28

Scari)orougli, Borough of — Act respecting (Withdrawn) Pr4

Teck, Townsliip ol — Act respecting Pr22

'l"illl)ur\- l'ul)lic School Board — Act resj^ecting Pr26

I'oronlo, Cil\- of — Act respecting Prl2

Toronto, C"it> of — Act respecting Pr20

Wcllaiid. Count)- of — Act res|)ecting Pr31

Whithy. Town of — Act respecting (Not reported) Pr24

Wiiuisor, The Board of Education for the City of — Act respecting Prl8

Windsor, Cit\- of — Act respecting Pr33

Windsor, Cniversity of — Act respecting Pr3S

BILL 1

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Evidence Act

Mr. Wishart

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

KXPUANATORY NoTE

The subsection is brought into accord with the National Transporta-
tion Alt (Statutes of Canada 1966-67, chapter 69) which established the
Canadian Transport Commission as the successor to the Board of Trans-
port Commissioners of Canada.

BILL 1 1968-69

An Act to amend The Evidence 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 36 of The Evidence Act is amended ^-^^R- L^%

C. 1Z5, 8, Jo.

by striking out "Board of Transport Commissioners of*"*™!
Canada" in the first and second lines and inserting in lieu
thereof "Canadian Transport Commission".

2. This Act may be cited as The Evidence Amendment Act, ^^"""^ "'''
1968-69.

C/)

Pi.

-I

t— »

pt-

(Aj

■*

t-»

>
o

3
ft

P
o

BILL 1

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Evidence Act

Mr. Wishart

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

BILL 1 1968-69

An Act to amend The Evidence 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 36 of The Evidence Act is amended ^•f25' s^^ae
by striking out "Board of Transport Commissioners of*"'>*-^-
Canada" in the first and second lines and inserting in lieu

thereof "Canadian Transport Commission".

2. This Act may be cited as The Evidence Amendment Act,^^°^ ""•
1968-69.

a
>

n
a"

•5

3
•-1

S3.

>-*

crei

n
a
o
n

BILL 2

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Municipal Act

Mr. McKeough

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

EXPLANATOKY NOTES

Section 1. The amendment deletes a reference to the oath of
allegiance in the Declaration of Qualification. The oath is now required
to be taken before assuming office.

Section 2. Self-explanatory.

BILL 2 1968-69

An Act to amend The Municipal Act

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Form 1 of The Municipal Act, as amended by section 21 ^fi?." ^^^'
of The Municipal Amendment Act, 1962-63, is further amended I'^y^^^
by striking out item 6.

2. Notwithstanding the provisions of any general or special "om"B°'
Act or any by-law, where in the year 1968 the day for po"'ng^'Jj»™,j ^^^
for the election of members of council and for members of a divisional
divisional board of education in any municipality is the same, members
the polls in such municipality shall remain open from 10 same day
o'clock in the forenoon to 8 o'clock in the afternoon, provided

that the council of the municipality may by by-law passed
at any time after the coming into force of this section change
the time for ojiening and closing the polls so that they will
remain open for not less than eight consecutive hours between
8 o'clock in the forenoon and 9 o'clock in the afternoon.

3. This Act comes into force on the day it receives Royal ^°™t'"*'"'*"
Assent.

4. This Act may be cited as The Municipal Amendment^^"^^^""
Act, 1968-69.

3
>

Pi
o

c
c
a

re
3

ft.

"?*.

ft.
«^.
a

3
n

a
H

3_
n'

>
n

BILL 2

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Municipal Act

Mr. McKeough

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

BILL 2 1968-69

An Act to amend The Municipal Act

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Form 1 of The Municipal Act, as amended by section 21 ^fia. *^^°'

of The Municipal Amendment Act, 1962-63, is further amended Form 'i
, ., , . amended

by strikmg out item 6.

2. Notwithstanding the provisions of any general or special "om™g°'^

Act or any by-law, where in the year 1968 the day for polling"''®™,,

r 1 1 • <• 1 /• •■ , r • ^ ocounclland

tor the election ot members of council and for members of a divisional

divisional board of education in any municipality is the same, members

the polls in such municipality shall remain open from 10same*da*y"

o'clock in the forenoon to 8 o'clock in the afternoon, provided

that the council of the municipality may by by-law passed

at any time after the coming into force of this section change

the time for opening and closing the polls so that they will

remain open for not less than eight consecutive hours between

8 o'clock in the forenoon and 9 o'clock in the afternoon.

3. This Act comes into force on the day it receives Royal ment™*"*'*
Assent.

4. This Act may be cited as The Municipal Amendment^^°^^ ^^^^'
Act, 1968-69.

o
00

2
n

M
O
G
O

o
<

■n

o
<

0X1

3
ft

3
O.

§:

BILL 3

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to relieve Medical Practitioners from Liability
in respect of Voluntary Emergency Medical Services

Mr. Sargent

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

EXI'I.ANATORY NOTE

The purpose of the Bill is to relieve medical practitioners from liability
ill respect of voluntary medical services rendered at the scene of an accident
or other emergency.

BILL 3 1968-69

An Act to relieve Medical Practitioners
from Liability in respect of Voluntary
Emergency Medical Services

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, "medical practitioner" means a person tat^"!?""
registered as a medical practitioner under The Medical Act. R.s.o. i960,

2. Where a medical practitioner voluntarily and without j^'^'jJj'jjTfSJ
expectation of compensation or reward renders medical <'»">a«e"
services at the scene of an accident or other emergency to

a person who is ill, injured or unconscious and the services
are not rendered,

(a) in a hospital;

{b) in his office or the office of another medical practi-
tioner; or

he shall not be liable for damages for injuries to or the death
of such person alleged to have been caused by an act or
omission on his part in rendering the medical services, unless
it is established that the injuries or death were caused by
gross negligence on his part.

3. Nothing in section 2 shall be deemed to relieve a medical not appfy
practitioner from liability for damages for injuries to or the^^JJ"^"'
death of any person caused by an act or omission on the partservioee
of the medical practitioner in respect of medical services
rendered by him in the normal and ordinary course of his
practice and not under the circumstances set forth in sec-
tion 2.

commeno.- 4. This Act comes into force on the day it receives Royal

ment

Assent.

Short title 5, This Act may be cited as The Voluntary Emergency
Medical Services Act, 1968-69.

w
z

>C3

tNj

3
p.

»-*
VO
OS
00

mra

cro

"< ?:

3
n
"I

(X3

9: -5

o ft

p o

(I
a.
n'

BILL 4

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act respecting Ethics of Elected Representatives

Mr. Shulman

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

EXI'LASATOKY NOTE

The Bill provides a code of ethics covering the use of influence and
performance of services for gain and applies to members of the Legislative
Assembly and members of municipal councils and school boards.

BILL 4 1968-69

An Act respecting
Ethics of Elected Representatives

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 "elected representative" means a member of J^j',*''P'"®-
the Legislative Assembly, a member of a municipal council or

a member of a school board.

2. No elected representative shall. Ethics

(a) ask, receive or agree to receive any form of com-
pensation, from a source other than public funds, for
performing his duties as a public official or for services
in connection with any judicial or administrative
proceeding or activity wherein his official position
might reasonably be expected to give him unusual
influence;

(6) ask, receive or agree to receive anything of value
upon any understanding that his vote, opinion,
judgment or action will be influenced thereby;

(c) receive any gift having a value of $25 or more under
circumstances in which it could reasonably be in-
ferred that the gift was made to influence him in the
performance of his official duties; or

(d) use his official position to secure privileges or exemp-
tions for himself or others, or have any interest,
financial or otherwise, direct or indirect, or engage in
any business transaction or professional activity or
incur any obligation of any nature that is in sub-
stantial conflict with the projjer discharge of his

duties in the public interest.

Report of

3. Each elected representative shall, on or before the 31st interest in
day of January in each year, file with, acfivft'ies

(a) in the case of a member of the Legislative Assembly,
the Clerk of the Assembly;

(b) in the case of a member of a municipal council, the
clerk of the municipality; or

(f) in the case of a member of a school board, the secre-
tary of the board,

a written report in respect of the preceding calendar year, or
part thereof in which he was an elected representative, of
each financial interest, direct or indirect, of a value in excess
of $500 of himself, his spouse and his dependants in any
activity that is regulated under the jurisdiction of the body on
which he serves as an elected representative or any agency
thereof.

^ommence- ^^ 'pj^j^ j^^^ comes into force on the day it receives Royal
Assent.

Short title 5^ q^j^jg j^^^ ,^^y ^ ^,5^.^^ ^^ j^^ Elected Representatives'
Ethics Act, 1968-69.

S
G

r
>

*>.

»«

o
<

«^

►!»

rt-

■o

-n

BILL 5

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

The Expropriations Act, 1968-69

Mr. Wishart

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Note

The Bill revises The Expropriation Procedures Act, 1962-63 and in-
corporates the principiil recommendations of the Law Reform Commission
in Its report on the Basis for Compensiition on Expropriation and of the
Royal Commission Inquiry into Civil Rights in section 1 of Part III of its
first report.

The principal changes include:

1. Provision for approval by a politically responsible authority before an
expropriation may proceed and an inquiry to determine the necessity,
fairness and soundness of any particular expropriation.

2. The time limits are amended to reduce the time available for delays to
an expropriating authority and to increase the time available to the
owner before giving possession.

3. The l^nd Compensation Board is established to replace all tribunals
determining compensation.

4. More p;irticular provisions for procedures on arbitrations, including
provisions for appeals, stated cases and quashing.

5. Provision for expropriated land intended to be abandoned to revest
in the owner or to be taken and compensated for, at the option of the
owner.

6. The owner to have an opportunity to repurchase his expropriated land
if the expropriating authority disposes of it.

7. More detailed codification of the rules governing compens;ition.

8. Provision for compensation for market value plus expanded com-
pensation for disturbance costs and damages for mjurious affection.

9. Provision for awarding additional amounts sufficient to provide other
accommodation at least equivalent.

BILL 5 1968-69

The Expropriations Act, 1968-69

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

l.-(l) In this Act, I^-terpre-

(fl) "approving authority" means the approving au-
thority as determined under section 5;

(b) "Board" means the Land Compensation Board
established under section 28;

(c) "expropriate" means the taking of land without the
consent of the owner by an expropriating authority
in the exercise of its statutory powers, but does not
include the taking of land for the widening of a high-
way where entry is deferred under section 338 of

-T-i 1 r ■ -^ I A , R.S.O. 1960,

The Mumctpal Act; o. 249

(d) "expropriating authority" means the Crown or any
person empowered by statute to expropriate land;

(e) "injurious affection" means,

(i) where a statutory authority acquires part of
the land of an owner,

a. the reduction in market value thereby-
caused to the remaining land of the
owner by the acquisition or by the con-
struction or use, or b)Oth, of the works
thereon, and

b. such personal and business damages,
resulting from the construction or use,
or both, of the works as the statutory
authority would be liable for if the
construction or use were not under the
authority of a statute,

(ii) where the statutory authority does not ac-
quire part of the land of an owner,

a. sucli reduction in the market value of
the land of the owner, and

b. such personal and business damages,

resulting from the construction and not the
use of the works by the statutory authority,
as the statutory authority would be liable for
if the construction were not under the au-
thority of a statute,

and for the purposes of this clause, part of the lands
of an owner shall be deemed to have been acquired
where the owner from whom lands are acquired
retains lands contiguous to those acquired or re-
tains lands of which the use is enhanced by unified
ownership with those acquired ;

(/) "judge", except where otherwise described, means a
judge of the county or district court of the county or
district in which the land or the greater part of it is
situate;

(g) "land" includes any estate, term, easement, right or
interest in, to, over or affecting land;

(h) "owner" includes a mortgagee, lessee, tenant, occu-
pant, execution creditor, a person entitled to a
limited estate or interest in land, a committee of the
estate of a mentally incompetent person or of a
person incapable of managing his affairs, and a
guardian, executor, administrator or trustee in whom
land is vested ;

(/') "prescribed" means prescribed by the regulations-
made under this Act;

(j) "purchase-money mortgage" means a mortgage given
by a purchaser of land to the vendor of the land or
his nominee as security for the payment of all or part
of the consideration for the sale;

(k) "registered owner" means an owner of land whose
interest in the land is defined and whose name is
specified in an instrument in the proper registry,
land titles or sheriff's office, and includes a person
shown as a tenant of land on the last revised assess-
ment roll;

(/) "security holder" means a person who has an interest
in land as security for the payment of money ;

(m) "statutory authority" means the Crown or any per-
son empowered by statute to expropriate land or
cause injurious affection. 1962-63, c. 43, s. 1,

amended.

(2) Any document required by this Act to be served may be Service
served personally or by registered mail addressed to the person
to be served at his last-known address, or if that person or his
address is unknown, by publication once a week for three
weeks in a newspaper having general circulation in the locality
in which the land concerned is situate and service shall be
deemed to be made,

(a) in the case of service by registered mail, on the second
day after the day of mailing; and

(b) in the case of service by publication, on the date of
the third publication. New.

2 — (1) Notwithstanding any general or special Act, where oiPacT"""
land is expropriated or injurious affection is caused by a
statutory authority, this Act applies. 1962-63, c. 43, s. 2 (1),
amended.

(2) The provisions of any general or special Act providing f^^ottfe"*^
procedures with respect to the expropriation of land or the acw^o^^^^
compensation payable for land expropriated or for injurious cc. 249. 338,"
affection that refer to The Municipal Act, The Public Wor^i references
Act or any other Act shall be deemed to refer to this Act and

not to The Municipal Act, The Public Works Act or other Act,
as the case may be. 1962-63, c. 43, s. 2 (5).

(3) This Act does not apply to the use of or injury to land AppiicaMon
authorized under The Drainage Act, 1962-63 for the purposes c- 39

of a drainage works constructed under that Act or to any
proceedings in connection therewith. 1965, c. 38, s. 1.

(4) Where there is conflict between a provision of this Act conflict
and a provision of any other general or special Act, the pro-
vision of this Act prevails. 1962-63, c. 43, s. 2 (4).

3. This Act binds the Crown. 1962-63, c. 43, s. 3. boSndby

Act

4. — (1) An expropriating authority shall not expropriate i'^^p^^i™' t°/
land without the approval of the approving authority as«=^P''°P'"'»*«

determined under section 5.

area/"*"'* (2) Subsection 1 does not apply to an authorization of the

excepted Ontario Energy Board under The Ontario Energy Board Act,

1864, c. 74 j^^^ jj^ resixjct of storage of gas in a gas storage area or to an

expropriation authorized under section 40 of that Act. New.

Approving
authority

5. — (1) Subject to subsections 3, 4 and 5, the approving
authority in respect of an expropriation shall be the Minister
responsible for the administration of the Act in which the
power to expropriate is granted, except that,

Idem,

private

Acts

(a) where a municipality or a local board thereof, other
than an elected school board, expropriates lands for
municipal purposes, the approving authority shall be
the council of the municipality; and

{b) where an elected school board expropriates lands, the
approving autliorit>' shall be tlie school board.

(2) Where the power to expropriate is granted in a private
Act, the approving authority shall be,

(a) in the case of universities or other educational in-
stitutions, the -Minister of liniversity Affairs;

(6) in the case of hospitals or other medical or health
institutions, the Minister of Health; and

(f) in the case of all other corporations, the Provincial
Secretary and Minister of Citizenship.

(3) Where an expropriation is made under The Public
Works Act for the benefit of a department or agency of the

Idem,
public
works
R.S.O. 1960. -^ • .. , . , • , 11 1 1

c. 338 Untario (government, the approving authority shall be the

Minister for the department or responsible for the agency for
the benefit of which the land is expropriated.

pcf\^r ^'^^ Where an expropriation is made under The Power Com-

commission mission Act, the approving authority shall be the Minister of

R.S.O. 1960, ,-, 1 ¥-> > I

c. 300 hnergy and Resources .Management.

Idem,
other cases

(5) The approving authority in any case not provided for
in this section shall be the Minister of Justice and Attorney
General. New.

Notice of
Intention
to expro-
priate

6. — (1) Upon apphing for an approval under section 4, an
expropriating authority shall serve a notice of its application
for approval to expropriate upon each registered owner of the
lands to be expropriated and shall publish the notice once a
week for three consecutive weeks in a newspaper having
general circulation in the locality in which the lands are
situate.

(2) Any owner of lands in respect of which notice is given fJr hearing"
under subsection 1 who desires a hearing, shall so notify the
approving authority in writing,

(a) in the case of a registered owner, served personally
or by registered mail within thirty days after he is
served with the notice, or, when he is served by
publication, within thirty days after the first publi-
cation of the notice;

(b) in the case of an owner who is not a registered owner,
within thirty days after the first publication of the
notice.

(3) The Lieutenant Governor in Council may, in special °iBp|ngin„
circumstances where he deems it necessary or expedient in the *'*'' '"Quiry
public interest to do so, direct that an intended expropriation

shall proceed without the inquiry procedure and thereupon
subsections 1 and 2 of this section, section 7 and subsections 1
and 2 of section 8 do not apply thereto.

(4) Where an order is made under subsection 3, the expro-^^'^^r
priating authority shall forthwith serve a copy of the order on

each registered owner affected by the intended expropriation.

New.

7.— (1) The Minister of Justice and Attorney General ^pp?'"^*-
shall appoint a chief inquiry officer and such inquiry officers jj"^^^{:y
as he considers necessary.

(2) The chief inquiry officer shall have general supervision ^"^[^^ °^
and direction over inquiry officers and the assignment of'nqu'ry
their duties.

(3) Where a notification is made under subsection 2 of"®^'"'"'^
section 6, the approving authority shall refer the matter to

the chief inquiry officer who shall forthwith assign an inquiry
officer who shall fix a time and place for a hearing and who
shall cause notice of the hearing to be served on each party
to the inquiry.

(4) At least five days before the date fixed for the hearing, ^ounds*'^
the expropriating authority shall serve upon each party to the
inquiry a notice indicating the grounds upon which it intends

to rely at the hearing and shall make available for inspection
by the parties any documents, including maps and plans,
that the expropriating authority intends to use at the hearing.

(5) The hearing shall be by means of an inquiry conducted i^iu'ry
by the inquiry officer who shall inquire into whether the
taking of the lands or any part of the lands of an owner or of

more than one owner of the same lands is fair, sound and
reasonably necessary in theachievementof the objectives of the
expropriating authority.

Report (6) The inquiry officer shall report to the approving

authority a summary of the evidence and arguments advanced
by the parties, the inquiry officer's findings of fact, and his
opinion on the merits of the application for approval with his
reasons therefor.

Combined (7) xhe inquiry officer may combine two or more related
inquiries and conduct them in all respects and for all purposes
as one inquiry.

Parties

(8) The expropriating authority, each owner who notifies
the approving authority that he desires a hearing in respect
of the lands intended to be expropriated and any owner
added as a party by the inquiry officer are parties to the
inquiry.

Powers and
duties of
inquiry
officer

(9) The inquiry officer,

(a) may add any owner whose land would be affected
by the expropriation of the lands concerned in the
inquiry or any modification thereof as a party to the
inquiry;

(b) shall give every party to the inquiry an opportunity
to present evidence and argument and to examine
and cross-examine witnesses, either personally or by
his counsel or agent;

(d) may insjject the lands concerned either alone or in
the presence of the parties. New.

Powers and
duties of
approving
authority

8. — (1) The approving authority shall consider the report
of the inquiry officer and shall approve or not approve the
proposed expropriation or approve the proposed expropri-
ation with such modifications as the approving authority
considers proper, but an approval with modifications shall not
affect the lands of a registered owner who is not or has not
been made a party to the hearing.

Reasons

(2) The approving authority shall give written reasons for
its decision and shall cause its decision and the reasons therefor
to be served upon all the parties.

(3) The approving authority shall certify its approval in certificate
the prescribed form. New.

9.^(1) Where a proposed expropriation has been approved ^f®f J|n^"°°
under this Act, the expropriating authority shall register,
within three months after the granting of the approval in
the proper registry or land titles office a plan of the land
signed by the expropriating authority and by an Ontario
land surveyor, and thereupon, but not otherwise, the land
vests in the expropriating authority.

(2) Where the land is required for a limited time only or |^^''^|"®g|,*°"*
only a limited estate, right or interest therein is required, tempor-
the plan registered under this section shall indicate by appro- etc.
priate words thereon that the land is taken for such limited

time only or that only such limited estate, right or interest
therein is taken, and, by the registration in such case, the
land for such limited time or such limited estate, right or
interest therein vests in the expropriating authority.

(3) In the case of an omission, misstatement or erroneous '^/"■[f^H,""
, • • • 1 • 11 1 ■ • 1 of errors

description m a plan registered under this section, the ex-
propriating authority may register in the proper registry or
land titles office a plan replacing or amending the original
plan and signed by the expropriating authority and by an
Ontario land surveyor, and a plan registered under this
subsection shall be marked to show the nature of the replace-
ment or amendment and is of the same force and effect as,
and is in substitution for, the original plan to the extent that
such plan is replaced or amended thereby.

(4) Where a plan purports to have been signed by an ex- '^!"®f ""*?:
propnating authority under this section, it shall be presumed s'«"'"«
to have been signed by the expropriating authority without

proof of the signature or official character of the person
appearing to have signed it, unless otherwise directed by a
court or the Board.

(5) Where a limited estate, right or interest in land isHy'<fro°
being taken under The Power Commission Act for an electrical J^f^^- ^^^'
transmission or distribution line carried on single poles.

The Hydro-Electric Power Commission of Ontario may,
before registering a plan under subsection 1, register in the
proper registry or land titles office a preliminary plan, to be
known as and marked "Preliminary Plan" and being a plan
with or without local description, signed by the secretary of
the Commission and illustrating the location of the proposed
line and indicating by appropriate words thereon the nature
of the estate, right or interest being taken, and such prelimin-
ary plan when registered has the same force and effect as a

Notice of
expro-
priation

Election oT
date for
compen-
sation

Reparation

Qas storage
areas
1964, o. 74

Compen-
sation

Idem

plan registered under subsection 1, but a plan in accordance
with subsection 1 shall lie registered within two years after
the registration of the preliminary plan in substitution for the
preliminary plan. 1962-63, c. 43, s. 4, amended.

10. — (1) Where a plan has been registered under section 9
and no agreement as to compensation has been made with the
owner, the expropriating authority may serve the owner,
and shall serve the registered owner, within thirty days after
the date of registration of the plan, with a notice of expro-
priation of his land, in the prescribed form, but failure to
serve the notice does not invalidate the expropriation.

(2) Where a plan has been registered under section 9, the
registered owner may elect, by notice in writing served upon
the expropriating authority, within thirty days after the
owner was served with the notice under subsection 1, to have
the compensation to which he is entitled assessed,

(a) where there has been an inquiry, as of the date the
notice of hearing before the inquiry ofificer was
served;

(b) as of the date of the registration of the plan ; or

11. Where land is expropriated or is injuriously affected
by a statutory authority, the statutory authority may, before
the compensation is agreed upon or determined, undertake to
make alterations or additions or to construct additional work
or to grant other lands, in which case the compensation shall
be determined having regard to such undertaking, and, if
the undertaking has not already been carried out, the Board
may declare that, in addition to the compensation determined,
if any, the owner is entitled to have such alteration or addition
made or such additional work constructed or such grant made
to him. 1962-63, c. 43, s. 6 (2), amended.

12. Section 21 of The Ontario Energy Board Act, 1964
applies in respect of the use of designated gas storage areas.
1965, c. 38, s. 2, part, amended.

13.— (1) Where land is expropriated, the expropriating
authority shall pay the owner such compensation as is deter-
mined in accordance with this Act. 1962-63, c. 43, s. 6 (1),
amended.

(2) Where the land of an owner is expropriated, the com-
pensation payable to the owner shall be based upon,

(b) the damages attributable to disturbance;

(d) any special difficulties in relocation,

but, where the market value is based upon a use of the land
other than the existing use, no compensation shall be paid
under clause b for damages attributable to disturbance that
would have been incurred by the owner in using the land for
such other use. New.

14. — (1) The market value of land expropriated is the^f,^^®'
amount that the land might be expected to realize if sold in
the open market by a willing seller to a willing buyer.

(2) Where land is devoted to a purpose of such a nature''*®'"
that there is no general demand or market for land for that
purpose, and the owner intends in good faith to relocate in
similar premises, the market value shall be deemed to be the
reasonable cost of equivalent re-instatement.

(3) Where only part of the land of an owner is taken and '<*«'"
such part is of a size or shape for which there is no general
demand or market, the market value and the injurious affec-
tion caused by the severance may be determined by deter-
mining the market value of the whole of the owner's land and
deducting therefrom the market value of the owner's land
after the severance is made.

(4) In determining the market value of land, no account'''*'"
shall be taken of,

(a) the special use to which the expropriating authority
will put the land;

(b) any increase or decrease in the value of the land
resulting from the imminence of the development in
respect of which the expropriation is made or from
any imminent prospect of expropriation;

(c) any increase in the value of the land resulting
from the land being put to a use that could be
restrained by any court or is contrary to law or is
detrimental to the health of the occupants of the
land or to the public health. New.

15. Upon application therefor, the Board shall, by order, {,^<=^^j
after fixing the market value of lands used for residential
purposes of the owner under subsection 1 of section 14,

Separate
Interests

B«ourlty
holders

Payment
out of
market
Talue

Idem

Allowanie
for

disturbance :
owner other
than tenant

award such additional amount of compensation as, in the
opinion of the Board, is necessary to enable the owner to
relocate his residence in accommodation that is at least
equivalent to the accommodation expropriated. New.

16. Where there are more separate interests than one in
land, other than the interest of a security holder or a vendor
under an agreement for sale, the market value of each such
separate interest shall be valued separately. New.

17. — (1) Where land is subject to a security interest,

(a) the value of the interest of the security holder shall
be determined in accordance with this section and
section 21 and not otherwise; and

{b) the market value of the land shall be determined
without regard to the interest of the security holder
and the amount of such market value plus any
damages for injurious affection shall stand in place
of the land for the purposes of the security.

(2) Security holders shall be paid the amount of principal
and interest outstanding against the security out of the market
value of the land and any damages for injurious affection
payable in respect of the land subject to the security, in
accordance with their priorities, whether or not such principal
and interest is due, without any bonus for prepayment except
as provided in section 21.

(3) Where land held as security is expropriated in part or is
injuriously affected a security holder is entitled to be paid
to the extent possible in accordance with his priority, out of
the market value portion of the compensation and any dam-
ages for injurious affection therefor, as the case may be, a
sum that is in the same ratio to such portion of the compen-
sation and damages as the balance outstanding on the security
at the date of the expropriation or injurious affection is to
the market value of the entire land, provided however, that
the sum so determined shall be reduced by the amount of any
payments made to the security holder by the owner after the
date of expropriation or injurious affection.

18. — (1) The expropriating authority shall pay to an
owner other than a tenant, in respect of disturbance, such
reasonable costs as are the natural and reasonable conse-
quences of the expropriation, including,

(a) where the premises taken include the owner's resi-
dence, an allowance to compensate for inconvenience
and the cost of finding another residence of 5 per

cent of the compensation payable in respect of the
market value of that part of the land expropriated
that is used by the owner for residential purposes,
provided that such part was not being offered for
sale on the date of the expropriation;

(b) where the premises taken do not include the owner's
residence, the owner's costs of finding premises to
replace those expropriated, provided that the lands
were not being offered for sale on the date of ex-
propriation; and

(i) the moving costs, and

(ii) the legal and survey costs and other non-
recoverable expenditures incurred in acquiring
other premises.

(2) The expropriating authority shall pay to a tenant *•"*"*
occupying expropriated land such compensation for distur-
bance and relocation as is appropriate having regard to,

(a) the length of the term;

(b) the portion of the term remaining;

(d) in the case of a business, the nature of the business;
and

(e) the extent of the tenant's investment in the land.

New.

19. — (1) Where a business is located on the land expro- Jl^'"*"
priated, the expropriating authority shall pay compensation
for business loss resulting from the relocation of the business
made necessary by the expropriation and, unless the owner
and the expropriating authority otherwise agree, the business
losses shall not be determined until the business has moved
and been in operation for six months or until a three-year
period has elapsed, whichever occurs first.

(2) The Board may, in determining compensation on the°°*****"'
application of the expropriating authority, or an owner,
include an amount not exceeding the value of the good will
of a business where the land is valued on the basis of its
existing use and, in the opinion of the Board, it is not feasible
for the owner to relocate. New. -k

Improve- 20. The owner of residential lands shall be compensated

""*" for improvements the value of which are not reflected in the

market value of the land. New.

Prepayment 21. Where a Statutory authority prepays a mortgage in

of mortgage ... . ■ • ,

whole or m part, the statutory authority,

(o) shall pay to the mortgagee a bonus in respect of the
prepayment amounting to,

(i) three months interest on the principal out-
standing under the mortgage at the rate of
5 per cent a year or at such other rate as is
prescribed by the Lieutenant Governor in
Council by regulation, or

(ii) the value of any notice or bonus for prepay-
ment provided for in the mortgage,

whichever is the lesser;

(6) shall pay to the mortgagee where,

(i) the prevailing interest rate for an equivalent
investment is lower than the rate under the
mortgage, and

(ii) there is no provision in the mortgage per-
mitting prepayment at the date of the expro-
priation,

an amount to compensate for the difference in the
interest rates for the period for which the payment of
principal provided for in the mortgage has been
advanced, not to exceed five years; and

(c) shall pay to the mortgagor whose interest is ex-
propriated an amount to compensate for any loss
incurred by reason of a difference in the interest
rates during the period for which the payment of
principal provided for in the mortgage has been
advanced, but such difference shall not be calculated
on a new interest rate any greater than the prevailing
interest rate for an equivalent mortgage. New.

Compen- 22. A Statutory authority shall compensate the owner of

Injurious land for loss or damage caused by injurious affection. 1962-63,
affection ai ^ /t\ j j

c. 43, s. 6 (1), amended.

Claim for
compen-

23. — (1) Subject to subsection 2, a claim for compensation
f^jurlous'^ for injurious affection shall be made by the person suffering
affection the damage or loss in writing with particulars of the claim

within one year after the damage was sustained or after it
became known to him, and, if not so made, the right to
compensation is forever barred.

(2) Where the person who is injuriously affected is an idem,
infant, a mental incompetent or a person incapable of manag- owner
ing his affairs, his claim for compensation shall be made within disability
one year after he ceased to be under the disability or, in the
case of his death while under the disability, within one year
after his death, and, if not so made, the right to compensation
is forever barred. 1962-63, c. 43, s. 7, amended.

24. The value of any advantage to the land or remaining ^^■j°Jj
land of an owner derived from any work for which land was^'^'^ases
expropriated or by which land was injuriously affected shall
be set-off only against the amount of the damages for injurious
affection to the owner's land or remaining lands. New.

25. — (1) Where no agreement as to compensation has been 2^ymtnt
made with the owner, the expropriating authority shall, within po^ession
three months after the registration of a plan under section 9 °' 'he t'.me

,,, I- . fill 1 ■o'" election

and betore takmg possession oi the land, serve upon the has expired
• , J whichever

registered owner, is the

earlier

(a) an offer of an amount in full compensation for his
interest; and

{b) where the registered owner is not a tenant, a state-
ment of the total compensation being offered for all
interests in the land,

and shall offer the registered owner immediate payment of
100 per cent of the amount of the market value of the owner's
land as estimated by the expropriating authority, and the
payment and receipt of that sum is without prejudice to the
rights conferred by this Act in respect of the determination
of compensation and is subject to adjustment in accordance
with any compensation that may subsequently be determined
in accordance with this Act or agreed upon. 1962-63, c. 43,
s. 8 (1), 18, amended.

(2) The expropriating authority shall base its offer of com-|"^^{?^»^,"8
pensation made in subsection 1 upon a report appraising thc^epo^t
market value of the lands being taken and damages for
injurious affection, and shall serve a copy of the appraisal

report upon the owner at the time the offer is made. New.

(3) The expropriating authority may, within the period Jf'peJfod"
mentioned in subsection 1 and before taking possession of the

land, upon giving at least two days notice to the registered
owner, apply to the judge for an order extending the time
for serving the offer under subsection 1.

Failure
to serve

Choice of

proceedings,

negotiation

arbitration

(4) If an>' registered owner is not served with the offer
required to be served on him under subsection 1 within the
time limited by sujjsection 1 or by an order of a judge under
subsection 3, or by agreement, the failure does not invalidate
the expropriation but interest upon the unpaid portion of
any compensation payable to such registered owner shall be
calculated from the date of registration of the plan. 1962-63,
c. 43, s. 8 (1-3), amended.

26. Where the statutory authority and the owner have not
agreed upon the compensation payable under this Act and in
the case of injurious affection, section 23 has been complied
with, or, in the case of expropriation, section 25 has been
complied with or the time for complying therewith has
expired,

(a) the statutory authority or the owner may serve
notice of negotiation upon the other of them and
upon the board of negotiation stating that it or he,
as the case may be, requires the compensation to be
negotiated under section 27 ; or

{b) where the statutory authority and the owner have
agreed to dispense with negotiation proceedings, the
statutory authority or the owner may serve notice
of arbitration upon the other of them and upon the
Board to have the compensation determined by
arbitration. 1965, c. 38, s. 2, part, amended.

Mgotlauon 27.— (1) A board of negotiation shall be established con-
sisting of two or more members appointed by the Lieutenant
Governor in Council, one of whom may be designated as
chairman.

Quorum

(2) Any two of the members of the board of negotiation
constitute a quorum and are sufficient to perform all the
functions of the board on behalf of the board.

eittiiJg"'^ (^) The board of negotiation may sit at any place in

Ontario.

Negotiation
of amount
of compen-
sation

(4) In any case in which a notice of negotiation is served,
the board of negotiation shall, upon reasonable notice to the
statutory authority and the owner, meet with them and,
without prejudice to any subsequent proceedings, proceed
in a summary and informal manner to negotiate a settlement
of the compensation.

Inspection
of land

(5) Before or during the negotiation proceedings, the board
of negotiation shall inspect the land that has been expro-
priated or injuriously aflfected.

(6) If the negotiation proceedings do not result in a settle- ^j'jf^^°°j
ment of the compensation, the statutory authority or the reached
owner may serve notice of arbitration upon the other of them,
and upon the Board, stating that it or he, as the case may be,
requires the compensation to be determined by arbitration
as though the negotiation proceedings had not taken place.
1965, c. 38, s. 2, part, amended.

28. — (1) The Land Compensation Board is established and coSfpensa-
shall be composed of a chairman and such number of vice-t'o" Board
chairmen and other members as the Lieutenant Governor in
Council considers advisable, all of whom shall be appointed
by the Lieutenant Governor in Council.

Qualiflca-

(2) The chairman and vice-chairmen shall be members of *'^J[',^^[^^
the bar of one of the provinces of Canada. *h'*i^''^*n

(3) The chairman or a vice-chairman and two other mem- *^"""'"'"
bers of the Board constitute a quorum and are sufficient for the
exercise of all the jurisdiction and powers of the Board,
except that in matters respecting a claim for compensation

not exceeding $1,000, one member of the Board constitutes a
quorum and is sufficient for the exercise of all the jurisdiction
of the Board.

(4) The Board may, I^I'S^a

(6) may issue summonses requiring the attendance of
witnesses and . the production of documents and

things;

/c\ ir Enforce-

(5) If any person, ment of

Enforce-
ment of
summons

(o) on being duly summoned as a witness before the
Board makes default in attending; or

(b) being in attendance as a witness refuses to take an
oath legally required by the Board to be taken, or to
produce any document or thing in his power or
control legally required by the Board to be produced
by him, or to answer any question to which the Board
may legally require an answer; or

(c) does any other thing that would, if the Board had
been a court of law having power to commit for
contempt, have been contempt of that court.

a member of the Board may certify the offence of that person
under his liand to the High Court, and the court may there-
upon inquire into the alleged ofifence and after hearing any
witnesses who may be produced against or on behalf of the
person charged with the ofifence, and after hearing any state-
ment that may be offered in defence, punish or take steps for
the punishment of that person in like manner as if he had
been guilty of contempt of the court.

Practice

and

procedure

ReftlBtrar

and

employees

1961-62,
c. 121

Service of

appraisal

reports

(6) Subject to the approval of the Lieutenant Governor in
Council, the Board shall make rules governing its practice
and procedure and the exercise of its powers.

(7) A registrar and such other officers and employees of the
Board as are considered necessary shall be appointed under
The Public Service Act, 1961-62. New.

29. At least five days before the date fixed for the hearing
of an application before the Board, any party to the appli-
cation shall serve upon each other party a copy of any
appraisal report upon which it intends to rely at the hearing.
New.

Duties of
Board

30. — (1) The Board shall determine any compensation in
respect of which a notice of arbitration has been served upon
it under section 26 or 27, and, in the absence of agreement
determine any other matter required by this or any other Act,
to be determined bv the Board.

Record (2) All oral evidence submitted before the Board shall be

taken down in writing and, together with such documentary
evidence and things as are received in evidence by the Board,
form the record.

Reasons (3) The Board shall prepare and furnish the parties to an

application with written reasons for its decision. New.

stated
case

31. — (1) Where the jurisdiction of the Board or the valid-
ity of any decision, order, direction or other act of the Board
is called into question by any person affected, the Board,
upon the request of such person, shall state a case in writing
to the Court of Appeal setting forth the material facts and
the decision of the court thereon is final and binding.

Order
directing
stated case

(2) If the Board refuses to state a case, any jjerson affected
may apply to the Court of Appeal for an order directing the
Board to state a case.

rta°yed'^'"'^ (3) Pending the decision of the stated case, no further

until case proceedings in respect of the application shall be taken by
determined 1, n j »t

the Board. New.

32. — (1) An appeal lies to the Court of Appeal from any^PP®*'*
determination or order of the Board.

(2) The practice and procedure as to the appeal and ''*®'"
proceedings incidental thereto are the same mutatis mutandis

as upon an appeal from the High Court, except that the appeal
may be taken at any time within six weeks from the day the
determination or order was served on the parties, and the
period of any vacation of the Supreme Court shall not be
reckoned in computing such six weeks.

(3) An appeal under subsection 1 may be made on questions court™of "^
of law or fact or both and the Court of Appeal, Appeal

(a) may refer any matter back to the Board; or

ib) may make any decision or order that the Board has
power to make,

and may exercise the same powers that it exercises on an
appeal from a judge of the High Court sitting without a jury.

(4) A judge of the Court of Appeal may extend the time Jf''Jf^|'°'»
for appeal for such period as he considers proper. 1962-63, f<"" appeal
c. 43, s. 11, amended.

33. — (1) Where the amount to which an owner is entitled ^egai

. . . &ppr&is&i

upon an expropriation is determined by the Board and the ^"d other

amount offered by the statutory authority is 95 per cent, or'^°**

less, of the amount awarded by the Board, the statutory

authority shall pay the reasonable legal, appraisal and other

costs actually incurred by the owner for the purposes of

determining the compensation payable.

(2) Where the amount to which an owner is entitled upon '"'®'"
an expropriation is determined by the Board and the amount
offered by the statutory authority is greater than 95 per
cent of the amount awarded by the Board, the Board may
make such order for the payment of costs on a party and party
basis as it considers appropriate. 1962-63, c. 43, s. 13,
amended.

34. — (1) Subject to subsection 1 of section 9 and sub- '"'*""**'
section 3 of section 25, the owner of lands expropriated is
entitled to be paid interest on the portion of the market value
of his interest in the land and on the portion of any allowance
for injurious affection to which he is entitled, outstanding
from time to time, at the rate of 5 per cent a year calculated
from the date the owner ceases to reside on or make productive
use of the lands.

Variation of
Interest

(2) Subject to subsection 3, where the Board is of the
opinion that any delay in determining the compensation is
attributable in whole or in part to the owner, it may refuse
to allow him interest for the whole or any part of the time
lor which he might otherwise be entitled to interest, or may
allow interest at such rate less than 5 per cent a year as appears
reasonable.

!<••»»> (3) The interest to which an owner is entitled under sub-

section 1 shall not be reduced for the reason only that the
owner did not accept the offer made by the expropriating
authority, notwithstanding that the compensation as finally
determined is less than the offer.

Idem

(4) Where the Board is of the opinion that any delay in
determining compensation is attributable in whole or in part
to the expropriating authority, the Board may order the
expropriating authority to pay to the owner interest under
subsection 1 at a rate exceeding 5 per cent a year but not
exceeding 10 per cent a year. 1962-63, c. 43, s. 14, amended.

Abatement
of rent

36. — (1) Subject to subsection 2, where only part of the
interest of a lessee is expropriated, the lessee's obligation to
pay rent under the lease shall be abated pro tanto, as deter-
mined by the Board.

Frustration
or lease

(2) Where all the interest of a lessee in land is expro-
priated or where part of the lessee's interest is expropriated
and the expropriation renders the remaining part of the
lessee's interest unfit for the purposes of the lease, as deter-
mined by the Board, the lease shall be deemed to be frustrated
from the date of the expropriation. New.

Character
of compen-
sation

36. Where land has been expropriated, the compensation
stands in the stead of the land, and any claim to or en-
cumbrance on the land is, as respects the expropriating
authority, converted into a claim to or upon the compensation
and no longer affects the land.

Payment
of compen-
sation not
exceeding
$1,000

37. Where the owner who is entitled to convey the land
that has been expropriated or injuriously affected and the
statutory authority agree as to the compensation or the
compensation has been determined and in either case it does
not exceed $1,000, the statutory authority may pay the com-
pensation to the owner who is entitled to convey the land,
saving always the rights of any other person to the compensa-
tion as against the person receiving it, and such payment
discharges the statutory authority from all liability in respect
of the compensation. 1962-63, c. 43, s. 15.

38. Where an owner of the land is unknown, is under a^®P^|^®""
disabiHty or for any other reason is not represented, a judge
of the Supreme Court may, after due notice to the persons
interested, appoint a person to represent such owner for any
of the purposes of this Act, and any action of a person so
appointed is binding on the person whom he represents.
1962-63, c. 43, s. 16.

30. — (1) In any case where the statutory authority deems JJ^^y^^jjJj
it advisable, it may, without an order, pay the compensation
agreed upon or determined into the office of the Accountant
of the Supreme Court together with a sum equal to the
interest thereon at the rate of 5 per cent a year for six months.

(2) Upon an application for payment out of court of com- ^u^^f^"'
pensation paid into court, a judge of the Supreme Court c<»""t
may direct that such notice of the application be given by
publication or otherwise as he deems proper and may direct

the trial of an issue or make such order with respect to the
payment out of court of compensation and as to costs as he
deems reasonable.

(3) Where an order is obtained under subsection 2 in less ^^'^j'^^^jiment
than six months after the payment of the compensation into

court, the judge making the order may direct that a pro-
portionate part of the interest be returned to the statutory
authority.

(4) Where unborn issue or an unascertained person or class where

• • 1 • • •!• -If. unborn

IS mterested m compensation paid into court, a judge of the issue

o /- ^ ■ ^ < ij Interested

Supreme Court may appoint such person as he deems proper

to represent them, and any order made under this section is

binding on them. 1962-63, c. 43, s. 17.

40. — (1) Where land that has been expropriated is vested Posaossion

.. ,. .. ,. of expro-

in an expropriating authority and the expropriating authority prtated

has served the registered owner with a notice that it requires

possession of the land on the date specified therein, the

expropriating authority, subject to any agreement to the

contrary and if no application is made under subsection 3,

shall take possession of the land on the date specified in the

notice.

(2) The date for possession shall be at least ten days after ^oMesaion
the date of the serving of the notice of possession.

(3) A registered owner or an expropriating authority may, (^?''po°g*!'°"
upon such notice as the judge directs, apply to a judge forponement
an adjustment of the date for possession specified in the possession

Warrant to
put down
resistance
to entry,
etc.

Hearing

Issue of
warrant

notice of possession, and the judge, if he considers that under
all the circumstances the application should be granted, may
fix the date for possession. 1962-63, c. 43, s. 19, amended.

41. — (1) Where resistance or opposition is made to the
expropriating authority or any person authorized by it in
entering upon, using or taking possession of land when it is
entitled so to do, it may apply to a judge for a warrant
directing the sheriff to put down the resistance or opposition.

(2) The judge shall, in writing, appoint a time and place
for the hearing of the application and in his appointment may
direct that it shall be served upon such person as he prescribes.

(3) On proof of the resistance or opposition, the judge may
issue a warrant.

Return

Abandon-
ment of
expropri-
ated land

Revesting

(4) The sheriff shall forthwith execute the warrant and
make a return to the judge of the execution thereof. 1962-63,
c. 43, s. 20, amended.

42. — (1) Where, at any time before the compensation
upon an expropriation is paid in full, the land or any part
thereof is found to be unnecessary for the purposes of the
expropriated authority or if it is found that a more limited
estate or interest therein only is required, the expropriating
authority shall so notify each owner of the abandoned land,
or estate or interest, who is served or entitled to be served
with the notice of expropriation, who may, by election in
writing,

(a) take the land, estate or interest back, in which case
he has the right to compensation for consequential
damages; or

(6) require the expropriating authority to retain the
land, estate or interest, in which case he has the
right to full compensation therefor. New.

(2) Where all the owners elect to take the land, estate or
interest back under clause a of subsection 1, the expropri-
ating authority may, by an instrument signed by it and
registered in the proper registry or land titles office and
served on each owner, declare that the land or part thereof is
not required and is abandoned by the expropriating authority
or that it is intended to retain only such limited estate or
interest as is mentioned in the instrument, and thereupon,

(a) the land declared to be abandoned revests in the
owner from whom it was expropriated and those
entitled to claim under him; or

(b) in the event of a limited estate or interest only being
retained by the expropriating authority, the land so
revests subject to such limited estate or interest.
1962-63, c. 43, s. 21 (1), amended.

43. Where lands that have been expropriated and are in disposal of

. ■ r , ■ ■ I ■ r 1 1 expropri-

the possession of the expropnatmg authority, are lound by ated lands
the expropriating authority to be no longer required for its
purposes, the expropriating authority shall not, without the
approval of the approving authority, dispose of the lands
without giving the owners from whom the land was taken the
first chance to repurchase the lands on the terms of the best
oflfer received by the expropriating authority. New.

44. Any application to set aside or quash any proceeding J^™,?^.^°r^jj
or step taken under this Act shall be made within thirty days

after the proceeding or step in respect of which the application
is made, but this section does not apply where the applicant
was entitled to and not given notice of the proceeding or
step or where the proceeding or step was a nullity. .New.

45. The Lieutenant Governor in Council may make Regulations
regulations,

(a) prescribing rates of interest for the purposes of
section 21 ;

(b) prescribing forms for the purposes of this Act and
providing for their use;

(c) prescribing procedures respecting applications to and
hearings by inquiry- officers and boards of nego-
tiation. New.

46.— (1) Sections 13 to 21 apply in respect of expropri- j^^PP^j^fj'^""
ations for which the compensation has not been settled or proceedings
determined before this Act comes into force.

(2) Until section 28 is proclaimed in force, the Ontario Pj^j.j^- '° '^®
Municipal Board shall be deemed to be the Land Com- Land

^- r> J Ar Compen-

pensation Board. New. sation

Board

47. The Expropriation Procedures Act, 1962-63, yAci962-63,
Expropriation Procedures Amendment Act, 1965 and 7'Aei965,'c. 38;
Expropriation Procedures Amendment Act, 1966 are repealed, repealed

48. — (1) This Act, except section 28, conies into force onCommen<e-
the day it receives Royal Assent.

Idem (2) Section 28 comes into force on a day to be named by

the Lieutenant Governor by his proclamation.

Short title 49. This Act may be cited as The Expropriations Act,
1968-69.

t/1

a
>

>3
I

3
»9

o
<

3
cr

•n
to

C/l

»«

■o

00
I

BILL 5

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

The Expropriations Act, 1968-69

Mr. Wishart

{Reprinted as amended by the Committee of the Whole House)

TORONTO
Feinted and Published by Fbank Fogg, Queen's Printb*

Explanatory Note

The Bill revises The Expropriation Procedures Act, 1962-63 and in-
corporates the principal recommendations of the Law Reform Commission
in Its report on the Basis for Compensation on Expropriation and of the
Royal Commission Inquiry into Civil Rights in section 1 of Part III of its
first report.

The principal changes include:

1. Provision for approval by a politically responsible authority before an
expropriation may proceed and an inquiry to determine the necessity,
fairness and soundness of any particular expropriation.

2. The time limits are amended to reduce the time available for delays to
an expropriating authority and to increase the time available to the
owner before giving possession.

3. The Land Compensation Board is established to replace all tribunals
determining compensation.

4. More particular provisions for procedures on arbitrations, including
provisions for appeals, stated cases and quashing.

5. Provision for expropriated land intended to be abandoned to revest
in the owner or to be taken and compensated for, at the option of the
owner.

6. The owner to have an opportunity to repurchase his expropriated land
if the expropriating authority disposes of it.

7. More detailed codification of the rules governing compensation.

8. Provision for compensation for market value plus expanded com-
pensation for disturbance costs and damages for injurious affection.

9. Provision for awarding additional amounts sufficient to provide other
accommodation at least equivalent.

BILL 5 1968-69

The Expropriations Act, 1968-69

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

l.-(l) In this Act, l^i^^'o-

(a) "approving authority" means the approving au-
thority as determined under section 5;

(b) "Board" means the Land Compensation Board
established under section 28;

The Municipal Act; J^li?-"^

(d) "expropriating authority" means the Crown or any
person empowered by statute to expropriate land;

(e) "injurious affection" means,

(i) where a statutory authority acquires part of
the land of an owner,

a. the reduction in market value thereby
caused to the remaining land of the
owner by the acquisition or by the con-
struction of the works thereon or by
the use of the works thereon or any
combination of them, and

(ii) where the statutory authority does not ac-
quire part of the land of an owner,

a. such reduction in the market value of
the land of the owner, and

b. such personal and business damages,

(/) "judge", except where otherwise described, means a
judge of the county or district court of the county or
district in which the land or the greater part of it is
situate;

(g) "land" includes any estate, term, easement, right or
interest in, to, over or affecting land;

(k) "owner" includes a mortgagee, tenant, execution
creditor, a person entitled to a limited estate or
interest in land, a committee of the estate of a
mentally incompetent person or of a person incapable
of managing his affairs, and a guardian, executor,
administrator or trustee in whom land is vested;

(t) "prescribed" means prescribed by the regulations
made under this Act;

(J) "purchase-money mortgage" means a mortgage given
by a purchaser of land to the vendor of the land or
his nominee as security for the payment of all or part
of the consideration for the sale;

(/) "security holder" means a person who has an interest
in land as security for the payment of money;

(m) "statutory authority" means the Crown or any per-
son empowered by statute to expropriate land or
cause injurious affection. 1962-63, c. 43, s. 1,
amended.

(n) "tenant" includes a lessee or occupant occupying
premises under any tenancy whether written, oral
or implied.

(2) Any document required by this Act to be served may be service
served personally or by registered mail addressed to the person
to be served at his last-known address, or if that person or his
address is unknown, by publication once a week for three
weeks in a newspaper having general circulation in the locality
in which the land concerned is situate and service shall be
deemed to be made,

(a) in the case of service by registered mail, on the second
day after the day of mailing; and

{b) in the case of service by publication, on the date of
the third publication. New.

2 — (1) Notwithstanding any general or special Act, where ^,P^J*^*'°"
land is expropriated or injurious affection is caused by a
statutory authority, this Act applies. 1962-63, c. 43, s. 2 (1),
amended.

(2) The provisions of an>- general or special Act providing /J'^^^'g"}."*"
procedures with respect to the expropriation of land or the ^cujo^^^^
compensation payable for land expropriated or for injurious oo. 249, 338,'
affection that refer to The Municipal Act, The Public IForti references
Act or any other Act shall be deemed to refer to this Act and*° *"" ^°'
not to The Municipal Act, The Public Works Act or other Act,

as the case may be. 1962-63, c. 43, s. 2 (S).

(3) This Act does not apply to the use of or injury to 'and Apj>ik!aUon
authorized under The Drainage Act, 1962-63 for the purposes c° 39 " '
of a drainage works constructed under that Act or to any
proceedings in connection therewith. 1965, c. 38, s. 1.

(4) Where there is conflict between a provision of this Act c^onA'ct
and a provision of any other general or special Act, the pro-
vision of this Act prevails. 1962-63, c. 43, s. 2 (4).

3. This Act binds the Crown. 1962-63, c. 43, s. 3. boSnd by

Act

4.— (1) An expropriating authority shall not expropriate A^p'"?/*'?''

1 J -iL i L t e , ' . 1 . Intention to

land without the approval of the approvmg authority as expropriate
determined under section 5.

om storage (2) Subsection 1 does not apply to an authorization of the
•xoepted Ontario Energy Board under The Ontario Energy Board Act,
1964 in respect of storage of gas in a gas storage area or to an
expropriation authorized under section 40 of that Act. New.

I»e4. 0. 74

Approving
mutDortty

5.— (1) Subject to subsections 3, 4 and 5, the approving
authority in respect of an expropriation shall be the Minister
responsible for the administration of the Act in which the
power to expropriate is granted, except that,

(o) where a municipality or a local board thereof, other
than an elected school board, expropriates lands for
municipal purposes, the approving authority shall be
the council of the municipality; and

(6) where an elected school board expropriates lands, the
approving authority shall be the school board.

Idem,

private

Acts

(2) Where the power to expropriate is granted in a private
Act, the approving authority shall be.

(a) in the case of universities or other educational in-
stitutions, the Minister of University Affairs;

(6) in the case of hospitals or other medical or health
institutions, the Minister of Health; and

Idem,
public
works

(3) Where an expropriation is made under The Public

Works Act for the benefit of a department or agency of the

c.'sss" ■ Ontario Government, the approving authority shall be the

Minister for the department or responsible for the agency for

the benefit of which the land is expropriated.

Po'n^r ^^^ Where an expropriation is made under The Power Com-

commission mission Act, the approving authority shall be the Minister of
c.'aoo' ■ Energy and Resources Management.

Idem,
other cases

(5) The approving authority in any case not provided for
in this section shall be the Minister of Justice and Attorney
General. New.

Notice of
Intention
to expro-
priate

6. — (1) Upon applying for an approval under section 4, an
expropriating authority shall serve a notice of its application
for approval to expropriate upon each registered owner of the
lands to be expropriated and shall publish the notice once a
week for three consecutive weeks in a newspaper having
general circulation in the locality in which the lands are
situate.

(2) Any owner of lands in respect of which notice is given J'" h^S"**"
under subsection 1 who desires a hearing, shall so notify the
approving authority in writing,

(b) in the case of an owner who is not a registered owner,
within thirty days after the first publication of the
notice.

(3) The I^ieutenant Governor in Council may, in special dispensing
circumstances where he deems it necessary or expedient in the *"*' 'n<>"""y
public interest to do so, direct that an intended expropriation

shall proceed without the inquiry procedure and thereupon
subsections 1 and 2 of this section, section 7 and subsections 1
and 2 of section 8 do not apply thereto.

(4) Where an order is made under subsection 3, the expro- ^^^^ij^'
priating authority shall forthwith serve a copy of the order on

each registered owner affected by the intended expropriation.

(5) The Minister of Justice and Attorney General shall, ^^^^to
within thirty days after the commencement of each session

of the Legislative Assembly, lay before the Assembly a copy
of each order made theretofore under subsection 3 and not
previously laid before the Assembly. New.

7.— (1) The Minister of Justice and Attorney General ^ent 'of "
shall appoint a chief inquiry officer and such inquiry officers {^"^^^[iy
as he considers necessary.

(2) The chief inquiry officer shall have general supervision ^"^f"" °'
and direction over inquiry officers and the assignment of'nqu'ry
their duties. ""''''"

(3) Where a notification is made under subsection 2 of"®*""'"*
section 6, the approving authority shall refer the matter to

(4) At least five days before the date fixed for the hearing, ^SuSds"^
the expropriating authority shall serve upon each party to the
inquiry a notice indicating the grounds upon which it intends

to rely at the hearing and shall make available for inspection
by the parties any documents, including maps and plans,
that the expropriating authority intends to use at the hearing.

Inquiry (5) jhe hearing shall be by means of an inquiry conducted

by the inquiry officer who shall inquire into whether the
taking of the lands or any part of the lands of an owner or of
more than one owner of the same lands is fair, sound and
reasonably necessary in theachievementof the objectives of the
expropriating authority.

Report ^^j jj^g inquiry officer shall report to the approving

i^q^iriee*' 0) The inquiry officer may combine two or more related

inquiries and conduct them in all respects and for all purposes
as one inquiry.

Parties

Powers and
duties of
inquiry
offlcer

(9) The inquiry officer,

(a) may add any owner whose land would be affected
by the expropriation of the lands concerned in the
inquiry or any modification thereof as a party to the
inquiry;

(b) shall give every party to the inquiry an opportunity
to present evidence and argument and to examine
and cross-examine witnesses, either personally or by
his counsel or agent;

(d) may inspect the lands concerned either alone or in
the presence of the parties.

^°*'* (10) The inquiry officer may recommend to the approving

authority that a party to the inquiry be paid a fixed amount
for his costs of the inquiry not to exceed $200 and the ap-
proving authority may in its discretion order the expropri-
ating authority to pay such costs forthwith. New.

duties of 8. — (1) The approving authority shall consider the report

aufhority* of the inquiry officer and shall approve or not approve the

proposed expropriation or approve the proposed expropri-

ation with such modifications as the approving authority
considers proper, but an approval with modifications shall not
afTect the lands of a registered owner who is not or has not
been made a party to the hearing.

(2) The approving authority shall give written reasons for^®**°"'
its decision and shall cause its decision and the reasons therefor

to be served ujxjn all the parties within 90 days after the date
upon which the report of the inquiry ofificer is received by the
approving authority.

(3) The approving authority shall certify its approval in certificate
the prescribed form. New.

9. — (1) Where a proposed expropriation has been approved J^f*«}|'^»"""
under this Act or under The Ontario Energy Board Act, 1964, i964, c. 74
the expropriating authority shall register, within three months
after the granting of the approval in the proper registry or
land titles office a plan of the land signed by the expropriating
authority and by an Ontario land surveyor, and thereupon,
but not otherwise, the land vests in the expropriating autho-
rity.

(2) Where the land is required for a limited time only or required*"**
only a limited estate, right or interest therein is required, ^^Jjy">''-
the plan registered under this section shall indicate by appro- «'"•
priate words thereon that the land is taken for such limited

(3) In the case of an omission, misstatement or erroneous of'e^Sfi""'
description in a plan registered under this section, the ex-
propriating authority may register in the proper registry or

land titles office a plan replacing or amending the original
plan and signed by the expropriating authority and by an
Ontario land surveyor, and a plan registered under this
subsection shall be marked to show the nature of the replace-
ment or amendment and is of the same force and efifect as,
and is in substitution for, the original plan to the extent that
such plan is replaced or amended thereby.

(4) Where a plan purports to have been signed by an ex- ti^^li^'fo
propriating authority under this section, it shall be presumed^'*"'"*
to have been signed by the expropriating authority without

proof of the signature or official character of the person
appearing to have signed it, unless otherwise directed by a
court or the Board.

Ontario
Hydro
R.8.O. 1D60,
c. 800

(5) Where a limited estate, right or interest in land is
being taken under The Power Commission Act for an electrical
transmission or distribution line carried on single poles,
The Hydro-Electric Power Commission of Ontario may,
l)efore registering a plan under subsection 1, register in the
proper registry or land titles office a preliminary plan, to be
known as and marked "Preliminary Plan" and being a plan
with or without local description, signed by the secretary of
the Commission and illustrating the location of the proposed
line and indicating by appropriate words thereon the nature
of the estate, right or interest being taken, and such prelimin-
ary plan when registered has the same force and effect as a
plan registered under subsection 1, but a plan in accordance
with subsection 1 shall be registered within two years after
the registration of the preliminary plan in substitution for the
preliminary plan. 1962-63, c. 43, s. 4, amended.

Notice of
expro-
priation

lO. — (1) Where a plan has been registered under section 9
and no agreement as to compensation has been made with the
owner, the expropriating authority may serve the owner,
and shall serve the registered owner, within thirty days after
the date of registration of the plan, with a notice of expro-
priation of his land, in the prescribed form, but failure to
serve the notice does not invalidate the expropriation.

Election of
date for
compen-
sation

(a) where there has been an inquiry, as of the date the
notice of hearing before the inquiry officer was
served ;

{b) as of the date of the registration of the plan; or

and, where the election is not made within the prescribed time,
the owner shall be deemed to have elected to have the com-
pensation assessed as of the date of the registration of the plan.
1962-63, c. 43, s. 5, amended.

Enlry on
land for
appraisal

(3) An expropriating authority may, after it has served
notice of expropriation on the owner in possession of the lands
expropriated, and with the consent of the said owner, enter
on the expropriated lands for the purposes of viewing for
appraisal, but, where the consent of the owner is not given,

the expropriating authority may apply to the Board which
may, by order, authorize the entry upon such terms and
conditions as are specified in the order. New.

11. Where land is expropriated or is injuriously affected ®p"*''°"
by a statutory authority, the statutory authority may, before

the compensation is agreed upon or determined, undertake to
make alterations or additions or to construct additional work
or to grant other lands, in which case the compensation shall
be determined having regard to such undertaking, and, if
the undertaking has not already been carried out, the Board
may declare that, in addition to the compensation determined,
if any, the owner is entitled to have such alteration or addition
made or such additional work constructed or such grant made
to him. 1962-63, c. 43, s. 6 (2), amended.

12. Section 21 of The Ontario Energy Board Act, I9642rfJ*'°^^^
applies in respect of the use of designated gas storage areas. i964, o. 74
1965, c. 38, s. 2, part, amended.

13. — (1) Where land is expropriated, the expropriating ^*J5Sn*"
authority shall pay the owner such compensation as is deter-
mined in accordance with this Act. 1962-63, c. 43, s. 6 (1),
amended.

(2) Where the land of an owner is expropriated, the com-'"*®"*
pensation payable to the owner shall be based upon,

(a) the market value of the land;

(b) the damages attributable to disturbance;

(d) any special difficulties in relocation,

14. — (1) The market value of land expropriated is the^fue®*
amount that the land might be expected to realize if sold in
the open market by a willing seller to a willing buyer.

(2) Where the land expropriated is devoted to a purpose '***'"
of such a nature that there is no general demand or market
for land for that purpose, and the owner intends in good
faith to relocate in similar premises, the market value shall be
deemed to be the reasonable cost of equivalent re-instatement.

Idem

Increa£e
by Board

Separate
interests

(3) Where only part of the land of an owner is taken and
such part is of a size, shape or nature for which there is no
general demand or market, the market value and the injurious
affection caused by the taking may be determined by deter-
mining the market value of the whole of the owner's land and
deducting therefrom the market value of the owner's land
after the taking.

(4) In determining the market value of land, no account
shall be taken of,

(o) the special use to which the expropriating authority
will put the land;

(b) any increase or decrease in the value of the land
resulting from the imminence of the development in
respect of which the expropriation is made or from
any imminent prospect of expropriation;

15. Upon application therefor, the Board shall, by order,
after fixing the market value of lands used for residential
purposes of the owner under subsection 1 of section 14,
award such additional amount of compensation as, in the
opinion of the Board, is necessary to enable the owner to
relocate his residence in accommodation that is at least
equivalent to the accommodation expropriated. New.

Interpre-
tation

Security
holders

17. — (1) In this section, "bonus" means the amount by
which the amount secured under a mortgage exceeds the
amount actually advanced.

(2) Where land is subject to a security interest,

(a) the value of the interest of the security holder shall
be determined in accordance with this section and
section 20 and not otherwise; and

(b) the market value of the land shall be determined
without regard to the interest of the security holder
and the amount of such market value plus any
damages for injurious affection shall stand in place
of the land for the purposes of the security.

(3) Security holders shall be paid the amount of principal out'of'"'
and interest outstanding against the security out of the market ™^^^^**
value of the land and any damages for injurious affection
payable in respect of the land subject to the security, in
accordance with their priorities, whether or not such principal

and interest is due and subject to subsections 4 and 5.

(4) Where the land is subject to a mortgage and the amount Bonus
payable to the mortgagee under subsection 3 is insufficient

to satisfy the mortgage in full,

(a) where tiie mortgage is a purchase-money mortgage,
the mortgage shall be deemed to be fully paid,
satisfied and discharged for all purposes; and

(b) where the mortgage is not a purchase-money mort-
gage and includes a bonus,

(i) the amount by which the amount payable to
the mortgagee under subsection 3 is in-
sufficient to pay the amount remaining unpaid
under the mortgage; or

(ii) the amount of the bonus,

whichever is the lesser, shall be deemed to be fully
paid and satisfied for all purposes.

(5) No amount shall be paid in respect of a bonus until all '''•'°
security holders have been paid all amounts payable other than
any bonus.

(6) Where land held as security is expropriated in part or is '''*'"
injuriously affected a security holder is entitled to be paid

to the extent possible in accordance with his priority, out of
the market value portion of the compensation and any dam-
ages for injurious affection therefor, as the case may be, a
sum that is in the same ratio to such portion of the compen-
sation and damages as the balance outstanding on the security
at the date of the expropriation or injurious affection is to
the market value of the entire land, provided however, that
the sum so determined shall be reduced by the amount of any
payments made to the security holder by the owner after the
date of expropriation or injurious affection. New.

18. — (1) The expropriating authority shall pay to an /^'r'"**"'^*

owner other than a tenant, in respect of disturbance, such ^{J^^j;''*^'}^'-^* •

reasonable costs as are the natural and reasonable conse- '•»«" tenant
quences of the expropriation, including,

(a) where the premises taken include the owner's
residence.

(i) an allowance to compensate for inconvenience
and the cost of finding another residence of
5 per cent of the compensation payable in
respect of the market value of that part of
the land expropriated that is used by the
owner for residential purposes, provided that
such part was not being offered for sale on the
date of the expropriation, and

(ii) an allowance for improvements the value of
which is not reflected in the market value of
the land ;

(b) where the premises taken do not include the owner's
residence, the owner's costs of finding premises to
replace those expropriated, provided that the lands
were not being oflfered for sale on the date of ex-
propriation; and

(i) the moving costs, and

(ii) the legal and survey costs and other non-
recoverable expenditures incurred in acquiring
other premises.

Tenant ^2) The expropriating authority shall pay to a tenant

occupying expropriated land in respect of disturbance so

much of the cost referred to in subsection 1 as is appropriate
having regard to,

(a) the length of the term ;

(b) the portion of the term remaining;

(d) in the case of a business, the nature of the business;
and

(e) the extent of the tenant's investment in the land.

New.

Business 19.— (1) Where a business is located on the land expro-

priated, the expropriating authority shall pay compensation
for business loss resulting from the relocation of the business
made necessary by the expropriation and, unless the owner
and the expropriating authority otherwise agree, the business

losses shall not be determined until the business has moved
and been in operation for six months or until a three-year
period has elapsed, whichever occurs first.

(2) The Board may, in determining compensation on the *^°°'* *"'
application of the expropriating authority, or an owner,
include an amount not exceeding the value of the good will
of a business where the land is valued on the basis of its
existing use and, in the opinion of the Board, it is not feasible
for the owner to relocate. New.

20. Where a statutory authority prepays a mortgage ^^ot^j^orXMM
whole or in part, the statutory authority,

(a) shall pay to the mortgagee a bonus in respect of the
prepayment amounting to,

(i) three months interest on the amount of prin-
cipal prepaid at the rate of 6 per cent a year
or at such other rate as is prescribed by the
Lieutenant Governor in Council by regula-
tion, or

(ii) the value of any notice or bonus for prepay-
ment provided for in the mortgage,

whichever is the lesser;

(6) shall pay to the mortgagee where,

(i) the prevailing interest rate for an equivalent
investment is lower than the rate under the
mortgage, and

(ii) there is no provision in the mortgage per-
mitting prepayment at the date of the expro-
priation,

an amount to compensate for the diflference in the
interest rates for the period for which the amount of
principal prepaid has been advanced, not to exceed
five years; and

Comp« Il-
lation Tor
injurious
•frectlon

Claim for
compen-
•ation for
Injurious
affection

Idem,
where
owner
under
disability

21. A Statutory authority shall compensate the owner of
land for loss or damage caused by injurious affection. 1962-63,
c. 43, s. 6 (1), amended.

22. — (1) Subject to subsection 2, a claim for compensation
for injurious affection shall be made by the person suffering
the damage or loss in writing with particulars of the claim
within one year after the damage was sustained or after it
became known to him, and, if not so made, the right to
compensation is forever barred.

(2) Where the person who is injuriously affected is an
infant, a mental incompetent or a person incapable of manag-
ing his affairs, his claim for compensation shall be made within
one year after he ceased to be under the disability or, in the
case of his death while under the disability, within one year
after his death, and, if not so made, the right to compensation
is forever barred. 1962-63, c. 43, s. 7, amended.

Set-off
axainst
damages

23. The value of any advantage to the land or remaining
land of an owner derived from any woric for which land was
expropriated or by which land was injuriously affected shall
be set-off only against the amount of the damages for injurious
affection to the owner's land or remaining lands. New.

Aereements

24. A statutory authority has the authority to make and
perform an agreement with an owner in respect of any claim
of the owner under this Act, including any costs of the owner
and notwithstanding that this Act requires the claim to be
determined bv the Board. New.

Offer

25. — (1) Where no agreement as to compensation has been
made with the owner, the expropriating authority shall,
within three months after the registration of a plan under
section 9 and before taking possession of the land,

(a) serve upon the registered owner,

(i) an offer of an amount in full compensation
for his interest, and

(ii) where the registered owner is not a tenant, a
statement of the total compensation being
offered for all interests in the land,

excepting compensation for business loss for which
the determination is postponed under subsection 1
of section 19; and

(b) offer the registered owner immediate payment of
100 per cent of the amount of the market value of

the owner's land as estimated by the expropriating
authority, and the payment and receipt of that sum
is without prejudice to the rights conferred by this
Act in respect of the determination of compensation
and is subject to adjustment in accordance with any
compensation that may subsequently be determined
in accordance with this Act or agreed upon. 1962-63.
c. 43, ss. 8 (1), 18, amended.

(2) The expropriating authority shall base its offer of com-fppratSl"'
jjensation made under subsection 1 up)on a report appraising '"*'*'""'
the market value of the lands being taken and damages for
injurious affection, and shall serve a copy of the appraisal

rep)ort upon the owner at the time the offer is made.

(3) The expropriating authority may, within the period |f'tf^'*"*
mentioned in subsection 1 and before taking possession of the

land, upon giving at least two days notice to the registered
owner, apply to the judge for an order extending any time
referred to in subsection 1, and the judge may in his order
authorize the statutory authority to take possession of the land
before the expiration of the extended time for serving the
offer or statement under clause a of subsection 1 upon such
conditions as are specified in the order. New.

(4) If any registered owner is not served with the offer f^^^rve

. Failure

required to be served on him under subsection 1 within the
time limited by subsection 1 or by an order of a judge under
subsection 3, or by agreement, the failure does not invalidate
the expropriation but interest upon the unpaid portion of
any compensation payable to such registered owner shall be
calculated from the date of registration of the plan. 1962-63,
c. 43, s. 8 (1-3), amended.

26. Where the statutory authority and the owner have not pr^^ed?ng8
agreed upon the compensation payable under this Act and in negotiation
the case of injurious affection, section 22 has been complied arbitration
with, or, in the case of expropriation, section 25 has been
complied with or the time for complying therewith has
expired,

(b) where the statutory authority and the owner have
agreed to dispense with negotiation proceedings, the
statutory authority or the owner may serve notice
of arbitration upon the other of them and upon the

Board to have the compensation determined by
arbitration. 1965, c. 38, s. 2, part, amended.

negotia°fon 27. — (1) A board of negotiation shall be established con-
sisting of two or more members appointed by the Lieutenant
Governor in Council, one of whom may be designated as
chairman.

Quorum

(2) Any two of the members of the board of negotiation
constitute a quorum and are sufficient to perform all the
functions of the board on behalf of the board.

Place of

■tttins

(3) The board of negotiation may sit at any place in
Ontario.

Negotiation
of amount
of compen-
sation

Inspection
of land

(5) Before or during the negotiation proceedings, the board
of negotiation shall inspect the land that has been expro-
priated or injuriously aflfected.

Where no

settlement

reached

(6) If the negotiation proceedings do not result in a settle-
ment of the compensation, the statutory authority or the
owner may serve notice of arbitration upon the other of them,
and upon the Board, stating that it or he, as the case may be,
requires the compensation to be determined by arbitration
as though the negotiation proceedings had not taken place.
1965, c. 38, s. 2, part, amended.

Land

Compensa-
tion Board

28. — (1) The Land Compensation Board is established and
shall be composed of a chairman and such number of vice-
chairmen and other members as the Lieutenant Governor in
Council considers advisable, all of whom shall be appointed
by the Lieutenant Governor in Council.

Qualiflca-
tions of
chairman
and vice-
chairmen

Quorum

(2) The chairman and vice-chairmen shall be members of
the bar of one of the provinces of Canada.

(3) The chairman or a vice-chairman and two other mem-
bers of the Board constitute a quorum and are sufficient for the
exercise of all the jurisdiction and powers of the Board,
except that in matters respecting a claim for compensation
not exceeding $1,000, one member of the Board constitutes a
quorum and is sufficient for the exercise of all the jurisdiction
of the Board.

(4) The Board may, Jr^S^rd

(a) administer oaths to witnesses and require them to
give evidence under oath;

(b) may issue summonses requiring the attendance of
witnesses and the production of documents and
things;

(5) If any person,

(a) on being duly summoned as a witness before thcmenTo*
Board makes default in attending; or summons

(c) does any other thing that would, if the Board had
been a court of law having power to commit for
contempt, have been contempt of that court,

a member of the Board may certify the offence of that person
under his hand to the High Court, and the court may there-
upon inquire into the alleged offence and after hearing any
witnesses who may be produced against or on behalf of the
person charged with the oflfence, and after hearing any state-
ment that may be offered in defence, punish or take steps for
the punishment of that person in like manner as if he had
been guilty of contempt of the court.

(6) Subject to the approval of the Lieutenant Governor in f J3''*'°*
Council, the Board shall make rules governing its practice procedure
and procedure and the exercise of its powers.

(7) A registrar and such other officers and employees of the^nf'*""*
Board as are considered necessary shall be appointed under 8'"P'°y®'
The Public Service Act, 1961-62. New. l^li'i^'

29. — (1) At least fifteen days before the date fixed for the ^^p'^'^^^jjjf
hearing of an application before the Board, any party to the reports
application shall serve ujwn each other party a copy of any
appraisal report upon which it intends to rely at the hearing.

New.

Expert

(2) Where it is intended by a party to adduce evidence as as to

, -,111 , • compel! -

to compensation by persons entitled by law or custom to givesation

Dutiee of
Board

Record

Reasons

Reports

opinion evidence, not more than three such persons may be
called b\ either part)- without the leave of the Board. New.

30.— (1) The Board shall determine any compensation in
respect of which a notice of arbitration has been served upon
it under section 26 or 27, and, in the absence of agreement
determine any other matter required by this or any other Act,
to be determined by the Board.

(2) All oral evidence submitted before the Board shall be
taken down in writing and, together with such documentary
evidence and things as are received in evidence by the Board,
form the record.

(3) The Board shall prepare and furnish the parties to an
application with written reasons for its decision.

(4) The Board ma>' prepare and periodically publish a
summary of such of its decisions and the reasons therefor, as
the Board considers to be of general public significance. New.

stated
case

Order
directing
stated case

Pro( eedlngs
stayed
until case
determined

Appeals

Idem

Powers of
Court of
Appeal

(2) If the Board refuses to state a case, any person affected
may apply to the Court of Appeal for an order directing the
Board to state a case.

(3) Pending the decision of the stated case, no further
proceedings in respect of the application shall be taken by
the Board.

32. — (1) An appeal lies to the Court of Appeal from any
determination or order of the Board.

(2) The practice and procedure as to the appeal and
proceedings incidental thereto are the same mutatis mutandis
as upon an appeal from the High Court, except that the appeal
may be taken at any time within six weeks from the day the
determination or order was served on the parties, and the
period of any vacation of the Supreme Court shall not be
reckoned in computing such six weeks.

(3) An appeal under subsection 1 may be made on questions
of law or fact or both and the Court of Appeal,

(a) may refer any matter back to the Board ; or

{b) may make any decision or order that the Board has
power to make.

and may exercise the same powers that it exercises on an
appeal from a judge of the High Court sitting without a jury.

(4) A judge of the Court of Appeal may extend the time ^^==^^^1'°"
for appeal for such period as he considers proper. 1962-63, for appeal
c. 43, s. 11, amended.

33. — (1) Where the amount to which an owner is entitled Costs
upon an expropriation is determined by the Board and the
amount awarded by the Board is 85 per cent, or more, of the
amount offered by the statutory authority, the Board shall
make an order directing the statutory authority to pay the
reasonable legal, appraisal and other costs actually incurred
by the owner for the purposes of determining the compen-
sation payable.

(2) Where the amount to which an owner is entitled upon an ^^^m
expropriation is determined by the Board and the amount
awarded by the Board is less than 85 per cent of the amount
offered by the statutory authority, the Board may make such
order for the payment of costs on a party and party basis as
it considers appropriate. 1962-63, c. 43, s. 13, amended.

34. — (1) Subject to subsection 4 of section 25, the owner of interest
lands expropriated is entitled to be paid interest on the portion
of the market value of his interest in the land and on the
portion of any allowance for injurious affection to which he is
entitled, outstanding from time to time, at the rate of 6 per
cent a year calculated from the date the owner ceases to reside
on or make productive use of the lands.

(2) Subject to subsection 3, where the Board is of theJ^^J'^^'^"" ""^
opinion that any delay in determining the compensation is
attributable in whole or in part to the owner, it may refuse

to allow him interest for the whole or any part of the time
for which he might otherwise be entitled to interest, or may
allow interest at such rate less than 6 per cent a year as appears
reasonable.

(3) The interest to which an owner is entitled under sub- '***'"
section 1 shall not be reduced for the reason only that the
owner did not accept the offer made by the expropriating
authority, notwithstanding that the compensation as finally
determined is less than the offer.

(4) Where the Board is of the opinion that any delay in ^***'"
determining compensation is attributable in whole or in part

to the expropriating authority, the Board may order the
expropriating authority to pay to the owner interest under
subsection 1 at a rate exceeding 6 per cent a year but not
exceeding 12 per cent a year. 1962-63, c. 43, s. 14, amended.

Abatement
of rent

35. — (1) Subject to subsection 2, where only part of the
interest of a lessee is expropriated, the lessee's obligation to
pay rent under the lease shall be abated pro tanto, as deter-
mined by the Board.

Frustration
of lease

Character
of compen-
sation

Payment
of compen-
sation not
exceeding
$1,000

37. Where the owner who is entitled to convey the land
that has been expropriated or injuriously affected and the
statutory authority agree as to the compensation or the
compensation has been determined and in either case it does
not exceed $1,000, the statutory authority may pay the com-
pensation to the owner who is entitled to convey the land,
saving always the rights of any other person to the comjjensa-
tion as against the person receiving it, and such payment
discharges the statutory authority from all liability in respect
of the compensation. 1962-63, c. 43, s. 15 (2).

Represen-
tative

38. Where an owner of the land is unknown, is under a
disability or for any other reason is not represented, a judge
of the Supreme Court may, after due notice to the persons
interested, appoint a person to represent such owner for any
of the purposes of this Act, and any action of a person so
appointed is binding on the person whom he represents.
1962-63, c. 43, s. 16.

Payment
into court

30. — (1) In any case where the statutory authority deems
it advisable, it may, without an order, pay the compensation
agreed upon or determined into the office of the Accountant
of the Supreme Court together with a sum equal to the
interest thereon at the rate of 6 per cent a year for six months.

Payment
out of
court

(2) Upon an application for payment out of court of com-
pensation paid into court, a judge of the Supreme Court
may direct that such notice of the application be given by
publication or otherwise as he deems proper and may direct
the trial of an issue or make such order with respect to the
payment out of court of compensation and as to costs as he
deems reasonable.

(3) Where an order is obtained under subsection 2 in less Af'/'"»^'™«"*
1 • 1 <■ 1 r < . . or Interest

than SIX months after the payment of the compensation mto

court, the judge making the order may direct that a pro-
portionate part of the interest be returned to the statutory
authority.

(4) Where unborn issue or an unascertained person or class where
. J. . ' t ' • t f t unborn

IS mterested m compensation paid into court, a judge of the issue

c /^ J. -ii ,, Interested

bupreme Court may appoint such person as he deems proper

to represent them, and any order made under this section is

binding on them. 1962-63, c. 43, s. 17.

40. — (1) Where land that has been expropriated is vested p°"«"'°"
, . , , . . , . o> expro-

in an expropriating authority and the expropriating authority priated

has served the registered owner with a notice that it requires *

possession of the land on the date specified therein, the

expropriating authority, subject to any agreement to the

contrary and if no application is made under subsection 3,

shall take possession of the land on the date specified in the

notice.

(2) Subject to subsection 3, the date for possession shall be ^^^'e for
at least three months after the date of the serving of the
notice of possession.

(3) A registered owner or an expropriating authority may. Application
upon such notice as the judge directs, apply to a judge forponement
an adjustment of the date for possession specified in the poaeeesion
notice of possession, and the judge, if he considers that under

all the circumstances the application should be granted, may
order that the date for possession shall be on such earlier or
later date as is specified in the order. 1962-63, r. 43, s. 19,
amevded.

4:1. — (1) Where resistance or opposition is made to the Warrant to

• . • ^L •. ,.,,.. put down

expropriating authority or any person authorized by it inreeietance
entering upon, using or taking possession of land when it iseto*""^''"
entitled so to do, it may apply to a judge for a warrant
directing the sheriff to put down the resistance or opposition.

(2) The judge shall, in writing, appoint a time and place Hearing
for the hearing of the application and in his appointment may
direct that it shall be served upon such person as he prescribes.

(3) On proof of the resistance or opposition, the judge may issue of
issue a warrant. "*

(4) The sheriff shall forthwith execute the warrant and Return
make a return to the judge of the execution thereof. 1962-63,

c. 43, s. 20, amended.

Abandon-
ment of
expropri-
ated land

(a) take the land, estate or interest back, in which case
he has the right to compensation for consequential
damages; or

(ft) require the expropriating authority to retain the
land, estate or interest, in which case he has the
right to full compensation therefor. New.

Revesting (2) Where all the owners elect to take the land, estate or

interest back under clause a of subsection 1, the expropri-
ating authority may, by an instrument signed by it and
registered in the proper registry or land titles office and
served on each owner, declare that the land or part thereof is
not required and is abandoned by the expropriating authority
or that it is intended to retain only such limited estate or
interest as is mentioned in the instrument, and thereupon,

(a) the land declared to be abandoned revests in the
owner from whom it was expropriated and those
entitled to claim under him; or

Disposal of
expropri-
ated lands

43. Where lands that have been expropriated and are in
the possession of the expropriating authority, are found by
the expropriating authority to be no longer required for its
purposes, the expropriating authority shall not, without the
approval of the approving authority, dispose of the lands
without giving the owners from whom the land was taken the
first chance to repurchase the lands on the terms of the best
offer received by the expropriating authority. New.

Time for
application

44. Any application to set aside or quash any proceeding
or step taken under this Act shall be made within thirty days
after the proceeding or step in respect of which the application
is made, but this section does not apply where the applicant
was entitled to and not given notice of the proceeding or
step or where the proceeding or step was a nullity. New.

45. The Lieutenant Governor in Council may make ^"«"'**'o°«
regulations,

(a) prescribing rates of interest for the purposes of
section 20;

(b) prescribing forms for the purposes of this Act and
providing for their use;

46.— (1) This Act applies in respect of expropriations for ^pp]|^J>J|"
which a plan has not been registered under section 4 of The"^""^^'^^''^
Expropriation Procedures Act, 1962-63 before this Act comes ^fa^' ^*®°'
into force, and an expropriation for which a plan has been
registered under section 4 of the said Act before this Act comes
into force shall be continued in accordance with The Expro-
priation Procedures Act, 1962-63, except that where the com-
pensation has not been agreed upon between the parties and
no evidence has been heard by a tribunal under The Expro-
priation Procedures Act, 1962-63, other than the board of
negotiation, sections 13 to 21, 23, 24, 29, 33, 34, 35 and 42
apply thereto.

(2) Until section 28 is proclaimed in force, the Ontario j^j^j^- *" **•
Municipal Board shall be deemed to be the Land Com- Land "^
pensation Board. New. sation'"

Board

47. The Expropriation Procedures Act, 1962-63, Thel^W'^^-
Expropriation Procedures Amendment Act, 1965 and rAeiass.'o. 38;
Expropriation Procedures Amendment Act, 1966 are repealed, repealed '

48. — (1) This Act, except section 28, comes into force on £2"\'n«"o«-
the day it receives Royal Assent.

ment

(2) Section 28 comes into force on a day to be named by """^
tlie Lieutenant Governor by his proclamation.

40. This Act may be cited as The Expropriations ^ c<, S'>°'"' ""•
1968-69.

S. 3

I i

3
§■

•o

3
en

BILL 5

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

The Expropriations Act, 1968-69

Mr. Wishart

TORONTO
Printed and Published bv Frank 1-"o(:(;, Queen's I'rinter

BILL 5 1968-69

The Expropriations Act, 1968-69

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

i.-(i) In this Act. \itr:r

(a) "approving authority" means the approving au-
thority as determined under section 5;

(b) "Board" means the Land Compensation Board
established under section 28;

The Municipal A ct; ^f;?- "«° •

{d) "expropriating authority" means the Crown or any
person empowered by statute to expropriate land;

(e) "injurious affection" means,

(i) where a statutory authority acquires part of
the land of an owner,

(ii) where the statutory authority does not ac-
quire part of the land of an owner,

a. such reduction in the market value of
the land of the owner, and

b. such personal and business damages; '

(/) "judge", except where otherwise described, means a
judge of the county or district court of the county or
district in which the land or the greater part of it is
situate;

(g) "land" includes any estate, term, easement, right or
interest in, to, over or affecting land;

(h) "owner" includes a mortgagee, tenant, execution
creditor, a person entitled to a limited estate or
interest in land, a conmiittee of the estate of a
mentally incompetent person or of a person incapable
of managing his affairs, and a guardian, executor,
administrator or trustee in whom land is vested;

(i) "prescribed" means prescribed by the regulations
made under this Act;

(j) "purchase-money mortgage" means a mortgage given
by a purchaser of land to the vendor of the land or
his nominee as security for the payment of all or part
of the consideration for the sale;

(/) "security holder" means a person who has an interest •.

in land as security for the payment of money;

(m) "statutory authority" means the Crown or any per-
son empowered by statute to expropriate land or
cause injurious affection. ■ . ,

(«) "tenant" includes a lessee or occupant occupying
premises under any tenancy whether written, oral
or implied. 1962-63, c. 43, s. 1, amended.

(a) in the case of service by registered mail, on the second -■ / ,

day after the day of mailing; and

(6) in the case of service by publication, on the date of
the third publication. New.

2 — (1) Notwithstanding any general or special Act, where ^jP^'^'^**'""
land is expropriated or injurious affection is caused by a
statutory authority, this Act applies. 1962-63, c. 43, s. 2 (1),
amended.

(2) The provisions of any general or special Act providing ,^«f^^®'^°«»
procedures with respect to the expropriation of land or the n'^o^fj", ago
compensation payable for land expropriated or for injurious cc. 249, 338,"
affection that refer to The Municipal Act, The Public Works rererences
Act or any other Act shall be deemed to refer to this Act and'° ""* ^''^
not to The Municipal Act, The Public Works Act or other Act,

as the case may be. 1962-63, c. 43, s. 2 (S).

(3) This Act does not apply to the use of or injury to land ^o^iael-eS?
authorized under The Drainage Act, 1962-63 for the purposes °- ^^

of a drainage works constructed under that Act or to any
proceedings in connection therewith. 1965, c. 38, s. 1.

(4) Where there is conflict between a provision of this Act <^°"'""='
and a provision of any other general or special Act, the pro-
vision of this Act prevails. 1962-63, c. 43, s. 2 (4).

3. This Act binds the Crown. 1962-63, c. 43, s. 3. boSnd by

Act

4. — (1) An expropriating authority shall not expropriate Approval of
1 J •it. i ii T r 1 • 1 • intention to

land without the approval of the approving authority as expropriate

determined under section 5.

Oaa storac* (2) Subsection 1 does not apply to an authorization of the

•xoepted Ontario Energy Board under The Ontario Energy Board Act,

1964. o. 74 yp^^ jj^ respect of storage of gas in a gas storage area or to an

expropriation authorized under section 40 of that Act. New.

Appro Vint
autnority

5.— (1) Subject to subsections 3, 4 and 5, the approving
authority in respect of an expropriation shall be the Minister
responsible for the administration of the Act in which the
power to expropriate is granted, except that,

(a) where a municipality or a local board thereof, other
than an elected school board, expropriates lands for
municipal purposes, the approving authority shall be
the council of the municipality; and

(6) where an elected school board expropriates lands, the
approving authority shall be the school board.

Idem,

private

Acts

(2) Where the power to expropriate is granted in a private
Act, the approving authority shall be,

(a) in the case of universities or other educational in-
stitutions, the Minister of University Affairs;

(6) in the case of hospitals or other medical or health
institutions, the Minister of Health; and

Idem,
public
works

R.8.O. 1960,
o. 338

(3) Where an expropriation is made under The Public
Works Act for the benefit of a department or agency of the
Ontario Government, the approving authority shall be the
Minister for the department or responsible for the agency for
the benefit of which the land is expropriated.

(4) Where an expropriation is made under The Power Com-

Idem.
Power

Commission mission Act, the approving authority shall be the Minister of
c.'aoo' ' Energy and Resources Management.

Idem,
other cases

(5) The approving authority in any case not provided for
in this section shall be the Minister of Justice and Attorney
General. New.

Notice of
intention
to expro-
priate

(2) Any owner of lands in respect of which notice is given fJr heaHng"
under subsection 1 who desires a hearing, shall so notify the
approving authority in writing,

(b) in the case of an owner who is not a registered owner,
within thirty days after the first publication of the
notice.

(3) The Lieutenant Governor in Council may, in special disptnsin?
circumstances where he deems it necessary or expedient in the "'"* '"0"""^
public interest to do so, direct that an intended expropriation

shall proceed without the inquiry procedure and thereupon
subsections 1 and 2 of this section, section 7 and subsections 1
and 2 of section 8 do not apply thereto.

(4) Where an order is made under subsection 3, the expro- ^"j^^'^l^
priating authority shall forthwith serve a copy of the order on

each registered owner affected by the intended expropriation.

(5) The Minister of Justice and Attorney General shall, ^^p^i^u
within thirty days after the commencement of each session

of the Legislative Assembly, lay before the Assembly a copy
of each order made theretofore under subsection 3 and not
previously laid before the Assembly. New.

7.— (1) The Minister of Justice and Attorney General ^^^"'0*"
shall appoint a chief inquiry officer and such inquiry officers Jj'JgoeJ^
as he considers necessary.

(2) The chief inquiry officer shall have general supervision ^f*}.** °'^
and direction over inquiry officers and the assignment of''j^"i{!'^
their duties.

(3) Where a notification is made under subsection 2 of"®"*"'
section 6, the approving authority shall refer the matter to

(4) At least five days before the date fixed for the hearing, ^ounci**^
the expropriating authority shall serve upon each party to the
inquiry a notice indicating the grounds upon which it intends

to rely at the hearing and shall make available for inspection
by the parties any documents, including maps and plans,
that the expropriating authority intends to use at the hearing.

Parties

Inquiry (5J jjjg hearing shall be by means of an inquiry conducted

Report ^^j -pj^g inquiry officer shall report to the approving

inqu'irloB'* (7) The inquiry officer may combine two or more related

inquiries and conduct them in all respects and for all purposes
as one inquiry.

(9) The inquiry officer,

(o) may add any owner whose land would be affected
by the expropriation of the lands concerned in the
inquiry or any modification thereof as a party to the
inquiry;

(6) shall give every party to the inquiry an opportunity
to present evidence and argument and to examine
and cross-examine witnesses, either personally or by
his counsel or agent;

(d) may inspect the lands concerned either alone or in
the presence of the parties.

Powers and
duties of
inquiry
o nicer

Costs

(10) The inquiry officer may recommend to the approving
authority that a party to the inquiry be paid a fixed amount
for his costs of the inquiry not to exceed $200 and the ap-
proving authority may in its discretion order the expropri-
ating authority to pay such costs forthwith. New.

8. — (1) The approving authority shall consider the report

Powers and
duties of

authority* of the inquiry officer and shall approve or not approve the

proposed expropriation or approve the proposed expropri-

ation with such modifications as the approving authority
considers proper, but an approval with modifications shall not
affect the lands of a registered owner who is not or has not
been made a party to the hearing.

(2) The approving authority shall give written reasons for ^^asons
its decision and shall cause its decision and the reasons therefor

to be served upon ail the parties within 90 days after the date
upon which the report of the inquiry officer is received by the
approving authority.

(3) The approving authority shall certify its approval in certiflcate
the prescribed form. New.

9. — (1) Where a proposed expropriation has been approved ^j?gi|*jj"*''°"
under this Act or under The Ontario Energy Board Act, 1964, i964, o. 74
the expropriating authority shall register, within three months
after the granting of the approval in the proper registry or
land titles office a plan of the land signed by the expropriating
authority and by an Ontario land surveyor, and thereupon,
but not otherwise, the land vests in the expropriating autho-
rity.

(2) Where the land is required for a limited time only or ^^ 'f'^*"'*
only a limited estate, right or interest therein is required, ^^{"po''-
the plan registered under this section shall indicate by appro- etc.
priate words thereon that the land is taken for such limited

(3) In the case of an omission, misstatement or erroneous ^°J|!®o^°"
description in a plan registered under this section, the ex-
propriating authority may register in the proper registry or

land titles office a plan replacing or amending the original
plan and signed by the expropriating authority and by an
Ontario land surveyor, and a plan registered under this
subsection shall be marked to show the nature of the replace-
ment or amendment and is of the same force and eflfect as,
and is in substitution for, the original plan to the extent that
such plan is replaced or amended thereby.

(4) Where a plan purports to have been signed by an ex- ^]^®*'^{*q
propriating authority under this section, it shall be presumed "'K"'"*:
to have been signed by the expropriating authority without

proof of the signature or official character of the person
appearing to have signed it, unless otherwise directed by a
court or the Board.

Hydro" (^^ Where a limited estate, right or interest in land is

'*'aoo' '^^''^ ^'"K taken under The Power Commission Act for an electrical
transmission or distribution line carried on single poles,
The Hydro-Electric Power Commission of Ontario may,
before registering a plan under subsection 1, register in the
proper registry or land titles office a preliminary plan, to be
known as and marked "Preliminary Plan" and being a plan
with or without local description, signed by the secretary of
the Commission and illustrating the location of the proposed
line and indicating by appropriate words thereon the nature
of the estate, right or interest being taken, and such prelimin-
ary plan when registered has the same force and effect as a
plan registered under subsection 1, but a plan in accordance
with subsection 1 shall be registered within two years after
the registration of the preliminary plan in substitution for the
preliminary plan. 1962-63, c. 43, s. 4, amended.

Notice of

expro-

priBtlon

Election oT
date for
compen-
sation

(a) where there has been an inquiry, as of the date the
notice of hearing before the inquiry officer was
served;

(6) as of the date of the registration of the plan ; or

Entry on
land for
appraisal

the expropriating authority may apply to the Board which
may, by order, authorize the entry upon such terms and
conditions as are specified in the order. New.

11. Where land is expropriated or is injuriously affected ®'''""'' '""
by a statutory authority, the statutory authority may, before

12. Section 21 of The Ontario Energy Board Act, 1964 ^TfJ"-"'^"^
applies in respect of the use of designated gas storage areas. X964. o. 74
1965, c. 38, s. 2, part, amended.

13. — (1) Where land is expropriated, the expropriating^°J'^p*"-
authority shall pay the owner such compensation as is deter-
mined in accordance with this Act. 1962-63, c. 43, s. 6 (1),
amended.

(2) Where the land of an owner is expropriated, the com- '•**•"
pensation payable to the owner shall be based upon,

(a) the market value of the land;

(6) the damages attributable to disturbance;

(d) any special difficulties in relocation,

14. — (1) The market value of land expropriated is the^"e®'
amount that the land might be expected to realize if sold in
the open market by a willing seller to a willing buyer.

(2) Where the land expropriated is devoted to a purfX)se '''*'"
of such a nature that there is no general demand or market
for land for that purpose, and the owner intends in good
faith to relocate in similar premises, the market value shall be
deemed to be the reasonable cost of equivalent re-instatement.

Idem

Increase
by Board

Separate
Interests

(4) In determining the market value of land, no account
shall be taken of,

(b) any increase or decrease in the value of the land
resulting from the imminence of the development in
respect of which the expropriation is made or from
any imminent prospect of expropriation;

16. Upon application therefor, the Board shall, by order,
after fixing the market value of lands used for residential
purposes of the owner under subsection 1 of section 14,
award such additional amount of compensation as, in the
opinion of the Board, is necessary to enable the owner to
relocate his residence in accommodation that is at least
equivalent to the accommodation expropriated. New.

Interpre-
tation

Security
holders

17. — (1) In this section, "h)onus" means the amount by
which the amount secured under a mortgage exceeds the
amount actually advanced.

(2) Where land is subject to a security interest,

(a) the value of the interest of the security holder shall
be determined in accordance with this section and
section 20 and not otherwise; and

(3) Security holders shall be paid the amount of principal J^^^j*""*
and interest outstanding against the security out of the market market
value of the land and any damages for injurious aflfection
payable in respect of the land subject to the security, in
accordance with their priorities, whether or not such principal

and interest is due and subject to subsections 4 and 5.

(4) Where the land is subject to a mortgage and the amount Bonus
payable to the mortgagee under subsection 3 is insufficient

to satisfy the mortgage in full,

(a) where the mortgage is a purchase-money mortgage,
the mortgage shall be deemed to be fully paid,
satisfied and discharged for all purposes; and

(b) where the mortgage is not a purchase-money mort-
gage and includes a bonus,

(i) the amount by which the amount payable to
the mortgagee under subsection 3 is in-
sufficient to pay the amount remaining unpaid
under the mortgage; or

(ii) the amount of the bonus,

whichever is the lesser, shall be deemed to be fully
paid and satisfied for all purposes.

(5) No amount shall be paid in respect of a bonus until all i''«'°
security holders have been paid all amounts payable other than
any bonus.

(6) Where land held as security is expropriated in part or is ^"*""
injuriously affected a security holder is entitled to be paid

18. — (1) The expropriating authority shall pay to an j^"""'"*^*

owner other than a tenant, in respect of disturbance, such "^'^''i^banoe :

' '^ ' owner other

reasonable costs as are the natural and reasonable conse- 'ban tenant

quences of the expropriation, including,

(a) where the premises taken include the owner's
residence,

Tenant

(ii) an allowance for improvements the value of
which is not reflected in the market value of
the land;

(i) the moving costs, and

(ii) the legal and survey costs and other non-
recoverable expenditures incurred in acquiring
other premises.

(2) The expropriating authority shall pay to a tenant
occupying expropriated land in respect of disturbance so
much of the cost referred to in subsection 1 as is appropriate
having regard to,

(a) the length of the term ;

(6) the pwrtion of the term remaining;

(d) in the case of a business, the nature of the business;
and

(e) the extent of the tenant's investment in the land.

New.

Businees

|0B8

19. — (1) Where a business is located on the land expro-
priated, the expropriating authority shall pay compensation
for business loss resulting from the relocation of the business
made necessary by the expropriation and, unless the owner
and the expropriating authority otherwise agree, the business

losses shall not be determined until the business has moved
and been in operation for six months or until a three-year
period has elapsed, whichever occurs first.

(2) The Board may, in determining compensation on the °°°*' "'"
application of the expropriating authority, or an owner,
include an amount not exceeding the value of the good will
of a business where the land is valued on the basis of its
existing use and, in the opinion of the Board, it is not feasible
for the owner to relocate. New.

20. Where a statutory authority prepays a mortgage in of^^ortTage
whole or in part, the statutory authority,

(i) three months interest on the amount of prin-
cipal prepaid at the rate of 6 per cent a year
or at such other rate as is prescribed by the
Lieutenant Governor in Council by regula-
tion, or

(ii) the value of any notice or bonus for prepay-
ment provided for in the mortgage,

whichever is the lesser;

{b) shall pay to the mortgagee where,

(i) the prevailing interest rate for an equivalent
investment is lower than the rate under the
mortgage, and

(ii) there is no provision in the mortgage per-
mitting prepayment at the date of the expro-
priation,

an amount to compensate for the difference in the
interest rates for the period for which the amount of
principal prepaid has been advanced, not to exceed
five years; and

Compen-
sation for
Injurious
affection

Claim for
compen-
sation for
injurious
affection

Idem,
where
owner
under
disability

21. A Statutory authority shall compensate the owner of
land for loss or damage caused by injurious affection. 1962-63,
c. 43, s. 6 (1), amended.

2j5i^t 23. The value of any advantage to the land or remaining

damages j^nd of an owner derived from any work for which land was

expropriated or by which land was injuriously affected shall

be set-off only against the amount of the damages for injurious

affection to the owner's land or remaining lands. New.

Agreements 24. A Statutory authority has the authority to make and
perform an agreement with an owner in respect of any claim
of the owner under this Act, including any costs of the owner
and notwithstanding that this Act requires the claim to be
determined bv the Board. New.

Offer

(a) serve ujxjn the registered owner,

(i) an offer of an amount in full compensation
for his interest, and

(ii) where the registered owner is not a tenant, a
statement of the total compensation being
offered for £ill interests in the land.

excepting compensation for business loss for which
the determination is postponed under subsection 1
of section 19; and

(b) offer the registered owner immediate payment of
100 per ceflt of the amount of the market value of

(2) The expropriating authority shall base its offer of com- fppP^gaf
pensation made under subsection 1 upon a report appraising ""^po""'
the market value of the lands being taken and damages for
injurious affection, and shall serve a copy of the appraisal

report upon the owner at the time the offer is made.

(3) The expropriating authority may, within the period ^f'^fime""
mentioned in subsection 1 and before taking possession of the

(4) If any registered owner is not served with the offer fjfgg/ye
required to be served on him under subsection 1 within the

time limited by subsection 1 or by an order of a judge under
subsection 3, or by agreement, the failure does not invalidate
the expropriation but interest upon the unpaid portion of
any compensation payable to such registered owner shall be
calculated from the date of registration of the plan. 1962-63,
c. 43, s. 8 (1-3), amended.

26. Where the statutory authority and the owner have not pr'j,°eed?ng8,
agreed upon the compensation payable under this Act and in negotiation
the case of injurious affection, section 22 has been complied arbitration
with, or, in the case of expropriation, section 25 has been
complied with or the time for complying therewith has
expired,

(6) where the statutory authority and the owner have
agreed to dispense with negotiation proceedings, the
statutory authority or the owner may serve notice
of arbitration upon the other of them and upon the

Board to have the compensation determined by
arbitration. 1965, c. 38, s. 2, pari, amended.

negotiation 27. — (1) A board of negotiation shall be established con-
sisting of two or more members appointed by the Lieutenant
Governor in Council, one of whom may be designated as
chairman.

Quorum

(2) Any two of the members of the board of negotiation
constitute a quorum and are sufficient to perform all the
functions of the board on behalf of the board.

Place of
sitting

(3) The board of negotiation may sit at any place in
Ontario.

Negotiation
of amount
of compen-
sation

Inspection
of iand

(5) Before or during the negotiation proceedings, the board
of negotiation shall inspect the land that has been expro-
priated or injuriously affected.

Where no

settlement

reached

Land

Compensa-
tion Board

Qualifica-
tions of
chairman
and vice-
chairmen

Quorum

(2) The chairman and vice-chairmen shall be members of
the bar of one of the provinces of Canada.

(4) The Board may, Pf°-«^,d

(a) administer oaths to witnesses and require them to
give evidence under oath;

(b) may issue summonses requiring the attendance of
witnesses and the production of documents and
things;

(5) If any person,

(a) on being duly summoned as a witness before thcmentoT
Board makes default in attending; or summons

(c) does any other thing that would, if the Board had
been a court of law having power to commit for
contempt, have been contempt of that court,

a member of the Board may certify the offence of that person
under his hand to the High Court, and the court may there-
upon inquire into the alleged offence and after hearing any
witnesses who may be produced against or on behalf of the
person charged with the offence, and after hearing any state-
ment that may be offered in defence, punish or take steps for
the punishment of that person in like manner as if he had
been guilty of contempt of the court.

(6) Subject to the approval of the Lieutenant Governor in ^^''*'°*
Council, the Board shall make rules governing its practice procedure
and procedure and the exercise of its powers.

(7) A registrar and such other officers and employees of the ^n^'"*'"*''
Board as are considered necessary shall be appointed under *™P'°5^*e8
The Public Service Act, 1961-62. New. l^Vz'i'^'

29. — (1) At least fifteen days before the date fixed for the |^rp'{.'^«e^°''
hearing of an application before the Board, any party to the reports
application shall serve upon each other party a copy of any
appraisal report upon which it intends to rely at the hearing.

New.

Expert

(2) Where it is intended by a party to adduce evidence as as to
to compensation by persons entitled by law or custom to give sation

Duties of
Board

Record

Reasons

Reports

Stated
case

Order
directing
stated case

opinion evidence, not more than three such persons may be
called by either party without the leave of the Board. New.

(2) All oral evidence submitted before the Board shall be
taken down in writing and, together with such documentary
evidence and things as are received in evidence by the Board,
form the record.

(3) The Board shall prepare and furnish the parties to an
application with written reasons for its decision.

(4) The Board may prepare and periodically publish a
summary of such of its decisions and the reasons therefor, as
the Board considers to be of general public significance. New.

31.— (1) Where the jurisdiction of the Board or the valid-
ity of any decision, order, direction or other act of the Board
is called into question by any person affected, the Board,
upon the request of such jserson, shall state a case in writing
to the Court of Appeal setting forth the material facts and
the decision of the court thereon is final and binding.

(2) If the Board refuses to state a case, any person affected
may apply to the Court of Appeal for an order directing the
Board to state a case.

fta°yed'""'^' (3) Pending the decision of the stated case, no further
determined proceedings in respect of the application shall be taken by
the Board. New.

Appeals

Idem

Powers of
Court of
Appeal

32. — (1) An appeal lies to the Court of Appeal from any
determination or order of the Board.

(3) An appeal under subsection 1 may be made on questions
of law or fact or both and the Court of Appeal,

(a) may refer any matter back to the Board ; or

{b) may make any decision or order that the Board has
power to make,

and may exercise the same powers that it exercises on an
appeal from a judge of the High Court sitting without a jury.

(4) A judge of the Court of Appeal may extend the time ^f''*?^|'°"
for appeal for such period as he considers proper. 1962-63, f*"" appeal
c. 43, s. 11, amended.

33. — (1) Where the amount to which an owner is entitled costs
upon an expropriation is determined by the Board and the
amount awarded by the Board is 85 per cent, or more, of the
amount offered by the statutory authority, the Board shall
make an order directing the statutory authority to pay the
reasonable legal, appraisal and other costs actually incurred
by the owner for the purposes of determining the compen-
sation payable.

(2) Where the amount to which an owner is entitled upon an ^''e'"
expropriation is determined by the Board and the amount
awarded by the Board is less than 85 per cent of the amount
offered by the statutory authority, the Board may make such
order for the payment of costs on a party and party basis as
it considers appropriate. 1962-63, c. 43, s. 13, amended.

(2) Subject to subsection 3, where the Board is of the J^terUt°" "^
opinion that any delay in determining the compensation is
attributable in whole or in part to the owner, it may refuse

to allow him interest for the whole or any part of the time
for which he might otherwise be entitled to interest, or may
allow interest at such rate less than 6 per cent a year as appears
reasonable.

(4) Where the Board is of the opinion that any delay in '''®™
determining compensation is attributable in whole or in part

Abatement
of rent

Frustration
of lease

Character
of compen-
sation

Payment
of compen-
sation not
exceeding
$1,000

Represen-
tative

Payment
into court

39. — (1) In any case where the statutory authority deems
it advisable, it may, without an order, pay the compensation
agreed upon or determined into the office of the Accountant
of the Supreme Court together with a sum equal to the
interest thereon at the rate of 6 per cent a year for six months.

Payment
out of
court

(3) Where an order is obtained under subsection 2 in ^^ss ^f^^^^^^^^
than six months after the payment of the compensation into

court, the judge making the order may direct that a pro-
portionate part of the interest be returned to the statutory
authority.

(4) Where unborn issue or an unascertained person or class ^t>orn

is interested in compensation paid into court, a judge of the j^i^e^^^^^
Supreme Court may appoint such person as he deems proper
to represent them, and any order made under this section is
binding on them. 1962-63, c. 43, s. 17.

40. — (1) Where land that has been expropriated is vested ^'°|^^°"
in an expropriating authority and the expropriating authority f^j^"^
has served the registered owner with a notice that it requires
possession of the land on the date specified therein, the
expropriating authority, subject to any agreement to the
contrary and if no application is made under subsection 3,
shall take possession of the land on the date specified in the
notice.

(2) Subject to subsection 3, the date for possession shall be p^^^^^'ion
at least three months after the date of the serving of the

notice of possession.

(3) A registered owner or an expropriating authority may, j^?"™*"""
upon such notice as the judge directs, apply to a judge forppnement
an adjustment of the date for possession specified in the posseesion
notice of possession, and the judge, if he considers that under

all the circumstances the application should be granted, may
order that the date for possession shall be on such earlier or
later date as is specified in the order. 1962-63, c. 43, s. 19,
amended.

41. — (1) Where resistance or opposition is made to the y^*'"™^'^^'"
expropriating authority or any fjerson authorized by it inreeistance
entering upon, using or taking possession of land when it is etc.
entitled so to do, it may apply to a judge for a warrant
directing the sheriff to put down the resistance or opposition.

(2) The judge shall, in writing, appoint a time and place "•^'^n*
for the hearing of the application and in his appointment may
direct that it shall be served upon such person as he prescribes.

(3) On proof of the resistance or opposition, the judge r"^y^"r®aSt
issue a warrant.

(4) The sheriff shall forthwith execute the warrant and Return
make a return to the judge of the execution thereof. 1962-63,

c. 43, s. 20, amended.

meSto*"' 42.- (1) Where, at any time before the compensation

2ted°iSnd "P*'" '"^^ expropriation is paid in full, the land or any part
thereof is found to be unnecessary for the purposes of the
expropriated authority or if it is found that a more limited
estate or interest therein only is required, the expropriating
authority' shall so notify each owner of the abandoned land,
or estate or interest, who is served or entitled to be served
with the notice of expropriation, who may, by election in
writing,

(a) take the land, estate or interest back, in which case
he has the right to compensation for consequential
damages; or

(b) require the expropriating authority to retain the
land, estate or interest, in which case he has the
right to full compensation therefor. New.

Revesting (2) Where all the owners elect to take the land, estate or

(a) the land declared to be abandoned revests in the
owner from whom it was expropriated and those
entitled to claim under him; or

Disposal of
expropri-
ated lands

Time for
appliration

44. Any application to set aside or quash any proceeding
or step taken under this Act shall be made within thirty days
after the proceeding or step in respect of which the application
IS made, but this section does not apply where the applicant
was entitled to and not given notice of the proceeding or
step or where the proceeding or step was a nullity. Ne^v.

45. The Lieutenant Governor in Council may make ^®«"''"°"*
regulations,

(a) prescribing rates of interest for the purposes of
section 20;

(b) prescribing forms for the purposes of this Act and
providing for their use;

46. — (1) This Act applies in respect of expropriations for ^•^^jjgfjnl"
which a plan has not been registered under section 4 of /"/[g proceedings
Expropriation Procedures Act, 1962-63 before this Act conies c. '43 '
into force, and an expropriation for which a plan has been
registered under section 4 of the said Act before this Act comes
into force shall be continued in accordance with The Expro-
priation Procedures Act, 1962-63, except that where the com-
pensation has not been agreed upon between the parties and
no evidence has been heard by a tribunal under The Expro-
priation Procedures Act, 1962-63, other than the lx)arci of
negotiation, sections 13 to 21, 22>, 24, 29, 33, 34, 35 and 42
apply thereto.

(2) Until section 28 is proclaimed in force, the Ontario i^-^^J.;^- '° *>•
Municipal Board shall be deemed to be the Land Com- Land

,, , .-. Compen-

pensation Board. New. sation

Board

47. The Expropriation Procedures Act, 1962-63, Thel^W-^^-
Expropriation Procedures Amendment Act, 1965 and 7'/(ei965,'c. 38;
Expropriation Procedures Amendment Act, 1966 are repealed, repealed

48. — (1) This Act, except section 28, comes into force on ^°J^'.'"®"'^^"-
the day it receives Royal Assent.

(2) Section 28 comes into force on a day to be named by '''"'"
the Lieutenant Governor by his proclamation.

49. This Act may be cited as The Expropriations .4f/, «hort iitie
1968-60.

X
>

r>
n

o
ft

TJ
•1
O

■o

■-I

0'
3
en

>
n

o
00
I

BILL 6

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Municipal Act

Mr. Deans

TORONTO
Priniki) anh Published by Frank F<)(;<;, Qukkn's Printer

EXPLANATOKY NOTE

The Bill empowers nninicipalities to control rents.

BILL 6 1968-69

An Act to amend The Municipal Act

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. The Municipal Act is amended by adding thereto the^|^^- ^^^o,

following section : a'menoled

378a.— (1) In this section, tauon""'"

(a) "lease" means an enforceable contract for the
tenancy of living accommodation for a term
of one month, or longer, whether expressed or
implied;

(6) "rent", when used as a noun, means any pay-
ment or benefit in consideration for the occu-
pation of living accommodation.

(2) By-laws may be passed by the councils of local ^^.^L^b"""""'
municipalities, including metropolitan and regional
municipalities but not the area municipalities thereof:

1. Providing for the controlling of leases and
rents for living accommodation, or any class
thereof.

2. For establishing a rent control board and em-
powering the board to determine by order the
maximum rents that may be charged, subject
to the by-laws, and providing for procedures
respecting the functions of the board, in-
cluding hearings and appeals to the county or
district court.

(3) Any person who contravenes a by-law passed under p®"*"^
subsection 2 or any order of the rental control board
established under such by-law is guilty of an offence

and, on summary conviction, is liable to a fine of not
more than $2,000.

commeiKo- 2. This Act comes into force on the da\ it receives Royal
ment

Assent.

Short title 3. ihis Act may Ix; cited as The Municipal Amendment
Act, l'>6S-6i).

>
z

t\j

k*..

■X

a.
a

a.
-J

2.
f
>

BILL 7

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to provide for the Appointment of a
Commissioner to investigate Administrative
Decisions and Acts of Officials of the Govern-
ment of Ontario and its Agencies, and to
define the Commissioner's Powers and Duties

5 Mr. Singer

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

BILL 7

1968-69

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) "agency" means an agency of the Government of
Ontario ;

(b) "Commissioner" means the Commissioner of the
Legislature appointed under this Act;

(d) "minister" means a member of the Executive
Council.

2. There shall be appointed by the Lieutenant Governor in ^SSt'"*"
Council on the recommendation of the Assembly as an officer

of the Legislature a commissioner, to be called the Commis-
sioner of the Legislature, who shall exercise the powers and
perform the duties specified in this Act.

3. The Commissioner shall not be a member of the 2° '"^'''|.
Assembly and shall not hold any office of trust or profit, o'^'ce
other than his office as Commissioner, or engage in any occupa-
tion for reward outside the duties of his office.

4. — (1) The recommendation for the appointment of theo^mce" ""^
Commissioner shall be made in the first session of every
Legislature.

Re-appoint-
ment

Resignation

(2) Unless his office sooner becomes vacant, every jjerson
apix)inted as Commissioner shall hold office until his successor
is appointed, and every such person may from time to time be
re-appointcd.

(3) The Conmiissioner may at any time resign his office
by a writing addressed to the Sjieaker of the Assembly or,
if there is no Speaker or if the Sjjeaker is absent from Ontario,
to the Clerk of the AssembK-.

Removal
from office

5. — (1) The Commissioner may at any time be removed
or suspended from his office by the Lieutenant Governor in
Council on the recommendation of the Assembly for disability,
neglect of duty, misconduct or upon a bankruptcy.

Suspension
when

Legislature
not in
session

Filling of
vacancy

(2) At any time when the Legislature is not in session, the
Commissioner may be suspended from his office by the Lieu-
tenant Governor in Council for disability, neglect of duty, mis-
conduct or upon a bankruptcy proved to the satisfaction of
the Lieutenant Governor in Council, but any such suspension
shall not continue in force beyond the end of the next ensuing
session of the Legislature.

6. — (1) If the Commissioner dies, retires, resigns or is
removed from office, the vacancy thereb>' created shall be
filled in accordance with this section.

When
Legislature
in session

(2) If a vacancy in the office of Commissioner occurs at
any time while the Legislature is in session, it shall be filled
by the appointment of a Commissioner by the Lieutenant
Governor in Council on the recommendation of the Assembly,
but, if the vacancy occurs less than one month before the end
of that session and no such recommendation is made in that
session, subsection 3 applies as if the vacancy had occurred
while the Legislature was not in session.

When

Legislature
not in
session

(3) If such a vacancy occurs at any time while the Legis-
lature is not in session, the Lieutenant Governor in Council
may appoint a Commissioner to fill the vacancy, and the
person so appointed shall, unless his office sooner becomes
vacant, hold office until his appointment is confirmed by the
Assembly, and, if the appointment is not so confirmed within
two months after the commencement of the next ensuing
session, the appointment lapses, and there shall be deemed to
be another vacancy in the office of Commissioner.

Oath of
oBlce

7. — (1) Before entering upon his duties, the Commissioner
shall take an oath that he will faithfully and impartially per-
form the duties of his office and that he will not, except in
accordance with subsection 3 of section 16, divulge any infor-
mation received by him under this Act.

(2) The oath shall be administered by the Speaker of the ^^^"^
Assembly or by the Clerk of the Assembly.

8. — (1) Subject to subsection 2, the Commissioner may^'^"^
appoint such officers and employees as may be necessary for
the efficient carrying out of his functions under this Act.

(2) The number of persons that may be appointed under'''®'"
this section, whether generally or in respect of any specified
duties or class of duties, shall from time to time be determined
by the Lieutenant Governor in Council.

0. — (1) The principal function of the Commissioner is to '^""''' °"*
investigate any decision or recommendation made, including
any recommendation made to a minister, or any act done or
omitted, relating to a matter of administration and affecting
any person or body of persons in his or its personal capacity,
in or by any department or agency, or by any officer, employee
or member thereof in the exercise of any power or function
conferred on him by any Act.

(2) The Commissioner may make any such investigation ?|5'^^j'j'°"j°J,
either on a complaint made to him by any person or of his own
motion, and he may commence any such investigation not-
withstanding that the complaint may not on its face be

against any such decision, recommendation, act or omission
as aforesaid.

(3) Without limiting subsection 1, any committee of the ^®^';5!,''j*[g'^*'
Assembly may at any time refer to the Commissioner, for
investigation and report by him, any petition that is before

that committee for consideration or any matter to which the
petition relates, and, in any such case, the Commissioner shall,
subject to any special directions of the committee, investigate
the matters so referred to him so far as they are within his
jurisdiction and make such report to the committee as he
thinks fit, but nothing in section 12, 17 or 18 applies in respect
of any investigation or report made under this subsection.

(4) The powers and duties conferred on the Commissioner po^'s^jj^^
by this Act may be exercised and performed notwithstanding paramount
any provision in any Act to the effect that any decision,
recommendation, act or omission mentioned in subsection 1

is final, or that no appeal lies in respect thereof, or that no
proceeding or decision of the person or organization whose
decision, recommendation, act or omission it is shall be
challenged, reviewed, quashed or called in question.

(5) Nothing in this Act authorizes the Commissioner to^™|ijg

investigate, Jurisdiotion

(a) any decision, recommendation, act or omission in re-
spect of which there is under any Act a right of appeal
or objection or a right to apply for a review on the
merits of the case to any court or to any tribunal
constituted by or under any Act, whether or not
that right of appeal or objection or application has
been exercised in the particular case and whether
or not any time prescribed for the exercise of that
right has expired; or

(b) any decision, recommendation, act or omission of
any person acting as a solicitor for the Crown or
acting as counsel for the Crown in relation to any
proceedings.

Determina-
tion of
Jurisdiction

(6) If any question arises as to whether the Commissioner
has jurisdiction to investigate any case or class of cases under
this Act, he may, if he thinks fit, apply to the Supreme Court
for a declaratory order determining the question.

Guide
rules

10. — (1) The Assembly may from time to time, if it
thinks fit, make general rules for the guidance of the Com-
missioner in the exercise of his functions, and may at any
time in like manner revoke or vary any such rules.

Publication
of reports

(2) Any such rules may authorize the Commissioner from
time to time, in the public interest or in the interests of any
person or department or agency, to publish reports relating
generally to the exercise of his functions under this Act or to
any particular case or cases investigated by him, whether or
not the matters to be dealt with in any such report have been
the subject of a report to the Assembly under this Act.

Publication
of rules

(3) All such rules shall be printed and published.

Mode of
complaint

11. — (1) Every complaint to the Commissioner shall be
made in writing.

IjOtters
to be
forwarded

R.S.O.
cc. 30"

1960,
. 236

Commis-
sioner may
refuse to
investigate
complaint

(2) Notwithstanding any Act, where a letter written by
any person in custody on a charge or after conviction of any
offence, or by any inmate of any private sanitarium within
the meaning of The Private Sanitaria Act or an institution
within the meaning of The Mental Hospitals Act, is addressed
to the Commissioner, it shall be immediately forwarded,
unopened, to the Commissioner by the person for the time
being in charge of the place or institution where the writer
of the letter is detained or of which he is an inmate.

12. — (1) If in the course of the investigation of any com-
plaint it appears tothe Commissioner,

(a) that under the law or existing administrative practice
there is an adequate remedy, other than the right to
petition the Legislature, for the complainant, whether
or not he has availed himself of it; or

(b) that, having regard to all the circumstances of the
case, any further investigation is unnecessary,

he may in his discretion refuse to investigate the matter
further.

(2) Without limiting the generality of the powers con- '*'®'"
ferred on the Commissioner by this Act, the Commissioner
may in his discretion decide not to investigate, or, as the case
may require, not to further investigate, any complaint if it
relates to any decision, recommendation, act or omission of
which the complainant has had knowledge for more than
twelve months before the complaint is received by the Com-
missioner, or if in his opinion,

(o) the subject-matter of the complaint is trivial;

(b) the complaint is frivolous or vexatious or is not made
in good faith; or

(3) In any case where the Commissioner decides not toi<*»™
investigate or further investigate a complaint, he shall inform

the complainant of his decision, and he may, if he thinks fit,
state his reasons therefor.

13. — (1) Before investigating any matter under this Act, j'J°J^'2mtion
the Commissioner shall inform the deputy minister of the
department affected, or, as the case may require, the ad-
ministrative head of the agency affected, of his intention to
make the investigation.

(2) Every investigation by the Commissioner under this i° private
Act shall be conducted in private.

(3) The Commissioner may hear or obtain information from info"nat'on
such persons as he thinks fit, and he may make such inquiries

as he thinks fit.

(4) It is not necessary for the Commissioner to hold any Hearings
hearing and no person is entitled as of right to be heard by

the Commissioner, but, if at any time during the course of
an investigation it app»ears to the Commissioner that there

Consulta-
tions

Idem

may be sufficient grounds for his making a report or recom-
mendation that may adversely affect any department, agency
or person, he shall give to that department, agency or person
an opportunity to be heard, and at any such hearing the
department, agency or person is entitled to counsel.

(5) The Commissioner may in his discretion, at any time
during or after any investigation, consult any minister who is
concerned in the matter of the investigation.

(6) On the request of any minister in relation to an investi-
gation or in any case where an investigation relates to any
recommendation made to a minister, the Commissioner shall
consult that minister after making the investigation and be-
fore forming a final opinion on any of the matters referred to
in subsection 1 or 2 of section 17.

(7) If, during or after any investigation, the Commissioner
is of opinion that there is evidence of any breach of duty or
misconduct on the part of any officer or employee of any
department or agency, he shall refer the matter to the appro-
priate authority.

?f*procedure (^) Subject to this Act and any rules made under section 10,
the Commissioner may regulate his procedure in such manner
as he thinks fit.

Misconduct

Evidence

Power
to take
evidence
on oath

14. — (1) Subject to this section and section 15, the Com-
missioner may from time to time require any person who in
his opinion is able to give any information relating to any
matter that is being investigated by him to furnish to him
any such information and to produce any such document,
paper or thing that in his opinion relates to any such matter
and that may be in the possession or under the control of such
person, whether or not such person is an officer, employee or
member of a department or agency, and whether or not such
document, paper or thing is in the custody or under the control
of any such department or agency.

(2) The Commissioner may summon before him and
examine on oath,

(a) any person who is an officer or employee or member
of any department or agency and who in the Com-
missioner's opinion is able to give any information
mentioned in subsection 1 ;

(b) any complainant; or

(c) with the prior approval of the Minister of Justice
and Attorney General in each case, any other person
who in the Commissioner's opinion is able to give
such information,

and for that purpose may administer an oath.

(3) Subject to subsection 4, no person who is bound by ^amtafn
any Act to maintain secrecy in relation to, or not to disclose, secrecy

,11, •, , -r • paramount

any matter shall be required to supply any information to or
answer any question put by the Commissioner in relation to
that matter, or to produce to the Commissioner any docu-
ment, paper or thing relating to it, if compliance with that
requirement would be in breach of the obligation of secrecy or
non-disclosure.

(4) With the prior consent in writing of a complainant, any '''^'"
person to whom subsection 3 applies may be required by the
Commissioner to supply information or answer any question

or produce any document, paper or thing relating only to the
complainant, and it is the duty of the person to comply with
such requirement.

(5) Every person has the same privileges in relation to the Privilege
giving of information, the answering of questions and the
production of documents, papers and things under this Act

as witnesses have in any court.

(6) Except on the trial of a person for perjury, no statement ad^misaible""*
made or answer given by that or any other person in thee'^ewhere
course of any inquiry by or any proceedings before the Com-
missioner is admissible in evidence against any person in any

court or at any inquiry or in any other proceedings, and no
evidence in respect of proceedings before the Commissioner
shall be given against any person.

(7) No person is liable to prosecution for an offence against pr^cution
any Act by reason of his compliance with any requirement of

the Commissioner under this section.

15.— (1) Where the Minister of Justice and Attorney J}'8^'°|^^™
General certifies that the giving of any information or the matters not
answering of any question or the production of any document, required
paper or thing might involve the disclosure of,

(a) the deliberations of the Executive Council; or

(b) proceedings of the Executive Council, or any com-
mittee thereof, relating to matters of a secret or
confidential nature, and would be injurious to the
public interest,

the Commissioner shall not require the information or answer
to be given or, as the case may be, the document, paper or
thing to be produced, but shall report the giving of such a
certificate to the Legislature.

Rule aa to
privileged
documents,
etc., does
not,«pply

(2) Subject to subsection 1 , the rule of law that authorizes
or requires the withholding of any document, paper or thing,
or the refusal to answer any question, on the ground that the
disclosure of the document, paper or thing or the answering
of the question would be injurious to the public interest, does
not apply in respect of any investigation by or proceedings
before the Commissioner.

Secrecy iQ, — (1) The Commissioner and every person holding any

office or appointment under him shall maintain secrecy in
respect of all matters that come to their knowledge in the
exercise of their functions.

*-***•* (2) Every person holding any office or appointment under

the Commissioner shall, before he begins to perform his duties
under this Act, take an oath, to be administered by the
Commissioner, that he will not divulge any information re-
ceived by him under this Act except for the purpose of giving
effect to this Act.

Exception ^3) Notwithstanding subsection 1, the Commissioner may

disclose in any report made by him under this Act such
matters as in his opinion ought to be disclosed in order to
establish grounds for his conclusions and recommendations.

after*'*"™ 17. — (1) This section applies in every case where, after

inveBtigation piaking any investigation under this Act, the Commissioner is
of opinion that the decision, recommendation, act or omission
that was the subject-matter of the investigation,

(o) appears to have been contrary to law;

(b) was unreasonable, unjust, oppressive, improperly
discriminatory or was, in accordance with a rule of
law or a provision of any Act or a practice that is or
may be unreasonable, unjust, oppressive or im-
properly discriminatory;

(d) was wrong.

(2) This section also applies in any case where the Com-
missioner is of opinion that in the making of the decision or
recommendation, or in the doing or omission of the act, a
discretionary power has been exercised for an improper pur-
pose or on irrelevant grounds or on the taking into account of
irrelevant considerations, or that, in the case of a decision
made in the exercise of any discretionary power, reasons
should have been given for the decision.

Idem

(3) If in any case to which this section applies the Coni-OP'°'j°°{^

missioner is of opinion, reported to

'^ department

(a) that the matter should be referred to the appropriate
authority for further consideration;

(b) that the omission should be rectified;

(d) that any practice on which the decision, recommenda-
tion, act or omission was based should be altered;

(e) that any law on which the decision, recommenda-
tion, act or omission was based should be recon-
sidered ;

(/) that reasons should have been given for the decision ;
or

(g) that any other steps should be taken,

the Commissioner shall report his opinion and his reasons
therefor to the appropriate minister and to the department or
agency concerned, and may make such recommendations as
he thinks fit, and in any such case he may request the depart-
ment or agency to notify him, within a specified time, of the
steps, if any, that it proposes to take to give effect to his recom-
mendations.

(4) If within a reasonable time after the report is made no Report to

.... , ^ . . Cabinet and

action IS taken that seems to the Commissioner to be Assembly
adequate and appropriate, the Commissioner, in his discretion,
after considering the comments, if any, made by or on behalf
of the department or agency affected, may send a copy of
the report and recommendations to the Lieutenant Governor
in Council and may thereafter make such report to the
Legislature on the matter as he thinks fit.

(5) The Commissioner shall attach to every report sent or J'"®™
made under subsection 4 a copy of any comments made by or

on behalf of the department or agency concerned.

(6) Notwithstanding anything in this section, the Com-Con»ment
missioner shall not, in any report made under this Act, make to person
any comment that is adverse to any person unless the person

has been given an opportunity to be heard.

18.— (1) Wliere on any investigation under this Act the fo°^P'*'"*°'
Commissioner makes a recommendation under subsection 3 informed of

^ . . , ^ . . result of

ot section 17 and no action that seems to the Commissioner to inveetigation

be adequate and appropriate is taken thereon within a reason-
able time, the Commissioner shall inform the complainant of
his recommendation and make such comments on the matter
as he thinks fit.

Idem

(2) The Commissioner shall in any case inform the com-
plainant, in such manner and at such time as he thinks proper,
of the result of the investigation.

Private
clause

19. No proceedings of the Commissioner shall be held
bad for want of form and, except on the ground of lack of
jurisdiction, no proceedings or decision of the Commissioner
shall be challenged, reviewed, quashed or called in question
in any court.

Proceedings
privileged

20. — (1) No proceedings lie against the Commissioner or
against any person holding any office or appointment under
the Commissioner for anything he may do or report or say in
the course of the exercise or intended exercise of his functions
under this Act, unless it is shown that he acted in bad faith.

compellable ^^^ Neither the Commissioner nor any person holding any

as witnesses office or appointment under the Commissioner shall be called

upon to give evidence in any court or in any proceedings of a

judicial nature in respect of anything coming to his knowledge

in the exercise of his functions under this Act.

Privilege (3) Anything said or any information supplied or any docu-

ment, paper or thing produced by any person in the course of
any inquiry by or proceedings before the Commissioner under
this Act is privileged in the same manner as if the inquiry or
proceedings were proceedings in a court.

Idem

R.S.O. 1960.
c. 211

(4) For the purposes of The Libel and Slander Act, any
report made by the Commissioner under this Act shall be
deemed to be privileged, and a fair and accurate report in a
newspaper or a broadcast shall be deemed to be privileged.

Power
to enter
premises

21. — (1) For the purposes of this Act but subject to this
section, the Commissioner may at any time enter upon any
premises occupied by any department or agency and inspect
the premises and, subject to sections 14 and 15, carry out
therein any investigation that is within his jurisdiction.

Notice

(2) Before entering upon any such premises, the Commis-
sioner shall notify the deputy minister of the department or,
as the case may require, the administrative head of the
agency that occupies the premises of his intention so to do.

22. — (1) With the prior approval of the Lieutenant Cover- ^j.e^«g^|j:^"
nor in Council, the Commissioner may from time to time, by
writing under his hand, delegate to any person holding any
office under him any of his powers under this Act, except this
power of delegation and the power to make any report under
this Act.

(2) Any such delegation may be made to a specified person po^^re"™
or to the holder for the time being of a specified office or to the ^e^eeated
holders of offices of a specified class.

(3) Every such delegation is revocable at will, and no such revocable""
delegation prevents the exercise of any power by the Com-
missioner.

(4) Any such delegation may be made subject to such re- f gfg"^® °(o„a
strictions and conditions as the Commissioner thinks fit, and

may be made either generally or in relation to any particular
case or class of cases.

(5) Until any such delegation is revoked, it continues inj^'f^of

, ... ,•, ri,^ • delegations

force according to its tenor and, in the event of the Commis-
sioner by whom it was made ceasing to hold office, continues
to have effect as if made by his successor.

(6) Any person purporting to exercise any power of the fe^egated °^
Commissioner by virtue of such a delegation shall, when powers
required to do so, produce evidence of his authority to exercise

the power.

23. Without limiting his right to report at any other repSrf'
time, but subject to subsection 6 of section 17 and to any rules
made under section 10, the Commissioner shall in each year
make a report to the Legislature on the exercise of his functions
under this Act.

24. Every person commits an offence against this Act^'^®"'^^
and is liable on summary conviction to a fine of not more than

$500 who,

(a) without lawful justification or excuse, wilfully
obstructs, hinders or resists the Commissioner or any
other person in the exercise of his powers under this
Act;

(b) without lawful justification or excuse, refuses or
wilfully fails to comply with any lawful requirement
of the Commissioner or any other person under this
Act; or

(c) wilfully makes any false statement to or misleads or
attempts to mislead the Commissioner or any other
person in the exercise of his powers under this Act.

Provisions
are In
addition
to other
laws

25. The provisions of this Act are in addition to the pro-
visions of any other Act or any rule of law under which any
remedy or right of appeal or objection is provided for any
person or any procedure is provided for the inquiry into or
investigation of any matter, and nothing in this Act limits or
affects any such remedy or right of appeal or objection or
procedure.

Short title

26. This Act may be cited as The Commissioner of the
Legislature Act, 1968-69.

Z
Q
PI

^s»

o
<

3
zr
n

0«

§-§

o 3

a3
n rt>
:t> 3

3 f^

'^ o
3 ffi O

S 3 5-
cr. 3

» 5 ii.

1) ft
o 3
^ Q,

2 «

O "to

03 o

(T> 3 "^
Q. 2. rl-

u> cn O

2 o"o

3 = 2
<" X o

p ^ S.

3 r-f CL

D. O <»
> 3 O

a < ^

o £•"
^ (" >

o > 9.

"3.3
O 3 ni
"< w 3

rt cr "^

3- p o

BILL 8

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to relieve Medical Practitioners, Registered

Nurses and Others from Liability in respect of Voluntary

Emergency First Aid and Medical Services

Mr. Shulman

TORONTO
Pkinteo and Published by Frank Fogg, Queen's Printer

liXI'LANATORY NOTE

I'he purpose of this Bill is to relieve medical practitioners, registered
nurses and others from liability in respect of voluntary emergency first aid
assistiince or medical services rendered at or near the scene of an accident
or other sudden emergency.

BILL 8 1968-69

An Act to relieve Medical Practitioners,

Registered Nurses and Others from Liability

in respect of Voluntary Emergency First Aid

and Medical Services

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, {"ter?"-

(a) "medical practitioner" means a person who is regis-
tered as a medical practitioner under The Medicalf-^^- ^^eo,
Act;

(b) "registered nurse" means a person who is registered

as a nurse under The Nurses Act, 1961-62. o^lo"^^'

2. Where, in respect of a person who is ill, injured or un- Relief from

conscious as the result of an accident or other sudden emer-for

damages

gency,

(ffl) a medical practitioner or registered nurse voluntarily
and without expectation of compensation or reward
renders emergency medical services or first aid
assistance and such services or assistance are not
rendered at a hospital or other place having adequate
medical facilities and equipment; or

(6) a person other than a person mentioned in clause a
voluntarily renders emergency first aid assistance
and such assistance is rendered at the immediate
scene of the accident or emergency,

the medical practitioner, registered nurse or other person shall
not be liable for damages for injuries to or the death of such
person alleged to have been caused by an act or omission on
his part in rendering the medical services or first aid assistance,
unless it is established that the injuries or death were caused
by gross negligence on his part.

Act does
not apply
to normal
medical
services

3. Nothing in section 2 shall be deemed to relieve a medical
practitioner from liability for damages for injuries to or the
death of any person caused by an act or omission on the part
of the medical practitioner in respect of medical services
rendered b>- him in the normal and ordinary course of his
practice.

Commence-
ment

4. This Act comes into force on the day it receives Royal
Assent.

Short title

5. This Act may be cited as The Voluntary Emergency First
Aid and Medical Services Act, 1968-69.

On
00

en
a
c
r
S
>

■-I

to
Cn

-• 3 -1 "^

?^s -

s:^ = St

p rt ^ (T»

a. c^ o.

o' 3 O o

{(^'< ^ t;

S f* 3 S-

orq 2

fs _ 3

BILL 9

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Public Utilities Act

Mr. Deans

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Xote

The Bill prohibits security deposits for the supplying of a public
utility.

BILL 9 1968-69

An Act to amend The Public Utilities Act

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Subsection 4 of section 50 of The Public Utilities Act^f;^'^^^^'

, c. 335, 8. 50,

IS repealed and the following substituted therefor: Bubs. 4,

re-enacted

(4) No corporation shall require any person to givefl^^'^^g
security or make any other payment in advance as
a condition to the supplying of any public utility to
any building or premises or to the carrying of the
public utility into the building or premises.

2. Section 1 applies to security given or payments made in Application
advance being held by the corporation immediately before

this Act comes into force.

3. This Act comes into force on the day it receives Royal commence-

-' ^ ment

Assent.

4. This Act may be cited as The Public Utilities Amendment short title
Act, 1968-69.

««.

t*.

<-*•

f»

BILL 10

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Coroners Act

Mr. Shulman

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Note
Self-expIanator>-.

BILL 10 1968-69

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. The Coroners Act is amended by adding thereto the R|-0- i^^o,

following section: amended

34a. Any person whose conduct is relevant to an inquest ^^iJ^^^g^"^
or who might be aflfected by the verdict of an in- person

... . . . . to adduce

quest IS entitled to cross-examme any witness giving evidenre
evidence at the inquest and to call and examine
witnesses in his own behalf, personally or through
counsel, subject to the evidence so adduced being
relevant, as determined by the coroner.

2. This Act comes into force on the day it receives Royal ^°™™^"''^"

Assent.

3. This Act may be cited as The Coroners Amendment ^c/, short title
1968-69.

3
Q.

Crt

R-

(XS

o^s

»«

•z.

o
3

>
o

BILL 11

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to establish the Universities Commission

Mr. Reid (Scarborough East)

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Note

The purpose of the Bill is to establish an independent Universities
Commission containing representation from the government, universities
and the community to allocate the grants of public money and act in an
inter-university advisory capacity.

BILL 11 1968-69

An Act to establish the
Universities Commission

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

Interpre-
tation

1. In this Act,

(a) "Commission" means the Universities Commission
established under section 2;

(b) "university" means a university established by an
Act of the Legislature and includes Queen's Uni-
versity.

2. — (1) A commission is established to be known as the commTMi'on
Universities Commission, composed of fifteen members of ««''»*'"«'>«<*
whom,

(a) three shall be appointed by the Lieutenant Governor
in Council for a term of two years;

(b) seven shall be appointed jointly by the governing
bodies of each university in Ontario for a term of
three years ; and

(c) five shall be appointed for a term of two years by
the members appointed under clauses a and b and
who shall not be employed in the public service of
Ontario or on the staff of a university in Ontario or a
member of the governing body of a university in
Ontario.

(2) Any member whose term of office has expired is eligible Re- , ^

, ^ ' ■' . ^ " appointment

tor re-appomtment.

(3) Where the office of a member of the Commission be- vacancies
comes vacant before the expiration of his term, the body that
appointed him may appoint another person to hold office as

a member for the unexpired portion of the term.

Chairman

Quorum

Procedures

(4) The members of the Commission shall elect a chairman
from among themselves.

(5) Ten members constitute a quorum of the Commission.

(6) The Commission may make by-laws governing its own
procedures.

Functions 3, — (J) fi^n moneys appropriated by the Legislature for

Commission university purposes shall be paid to the Commission, which

shall distribute the moneys to such universities, for such

purposes and in such amounts as the Commission determines.

Idem

(2) The Commission shall study methods of co-ordination
and co-operation among universities and make recommenda-
tions therefor.

Employees 4. — (1) The Commission may employ such persons as it
deems necessary for its purposes and may determine their
terms of employment, remuneration and other benefits.

Idem

(2) The persons employed in the Department of University
Affairs immediately before this Act comes into force shall be
offered employment by the Commission upon the coming into
force of this Act upon the same terms of employment and for
the same remuneration and other benefits as they were entitled
to immediately before this Act comes into force.

Application (3) ffig Public Service Superannuation Act applies to the
I960, c. 332 employees of the Commission in the same manner as to a
civil servant.

Report

5. The Commission shall make a repxjrt annually to the
Provincial Secretary upon the affairs of the Commission and
the Provincial Secretary shall submit the report to the
Lieutenant Governor in Council and shall then lay the report
before the Assembly if it is in session or, if not, at the next
ensuing session.

Audit Q, The accounts and financial transactions of the Com-

mission shall be audited annually by the Provincial Auditor.

Department
of

University
Affairs
dissolved
Moneys
appropri-
ated for
1968-69

7. — (1) The Department of University Affairs is dissolved.

(2) The moneys appropriated by the Legislature for the
year from the 1st day of April, 1968 to the 31st day of March,
1969 for the purposes of the Department of University
Affairs shall be deemed to have been appropriated for the
purposes of the Commission.

8. The Department of University Affairs Act, 1964 isi364 c 24,
repealed.

9. This Act comes into force on the 1st day of July, 1969. Sent""*""^'

10. This Act may be cited as The Universities Commission ^'"""^ ""*
Act, 1968-69.

.ViV"

vO
00

c
crq

t\j

I i. 3 I

UK,

f-f

!»

BILL 12

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Highway Traffic Act

Mr. Ben

TORONTO
Printed and Published by Frank Fogg, Qveen's Printer

BILL 12 1968-69

An Act to amend The Highway Traffic Act

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. 2'he Highway Traffic Act is amended b>' adding thereto ^f,.^- ^^®°'

the following sections: amended

48a. — (1) Where a motor vehicle permit is issued after l°k ''°°'^
the 1st day of September, 1969, for a motor vehicle
for which no permit has been previously issued, the
Department shall issue, with the permit, a log book
in the form prescribed by the regulations and the
fact of its issuance shall be noted on the permit.

(2) No person shall operate on the highway a motor }'n' ^'^°^
vehicle for which a log book has been issued unless ^®'''^'*
the log book accompanies the vehicle.

(3) Where a registered owner of a motor vehicle for which ^^i^^^^^
a log book has been issued transfers his ownership,

he shall, at the time of a transfer of ownership,
note in the log book the total number of miles
travelled by the vehicle.

(4) Every person who makes repairs to a motor vehicle J^pa?i^°/nd
for which a log book has been issued, or who examines of'^oad*'^
such motor vehicle for mechanical defect, shall note worthiness
in the log book any repairs made and shall certify

in the log book whether or not the motor vehicle is
roadworthy.

(5) No person shall operate a motor vehicle on the "fPyemde
highway where the last certificate given under sub- ^"^^j""^^^"^"
section 4 does not certify that the motor vehicle is
roadworthy.

486.— (1) The Lieutenant Governor in Council may make ^**"'""°"'
regulations prescribing the form of log books and the
entries that shall be made therein.

OfTenoes (2) Every person who contravenes any provision of

section 48a or of the regulations made under sub-
section 1 is guilty of an offence and on summary
conviction is liable to a fine of not more than $1,000.

Commence- 2. This Act comes into force on the 1st day of September,
1969.

Short title 3^ -pj^jg j^^^ ^^y ^ ^ijgj ^ ■pf^g Highway Traffic Amend-
ment Act, 1968-69.

O
OO

M
2!

n
3

•n
to

O
On
00

!«1

BILL 13

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend
The Ontario Human Rights Code, 1961-62

Mr. Ben

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

KXPLA.N'ATORY NOTE

The amendment makes the provision prohibiting discrimination in
employment apply to domestic employment and to religious, philanthropic
and educational non-profit organizations, which are at present excluded.

BILL 13

1968-69

An Act to amend
The Ontario Human Rights Code, 1961-62

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Subsection 4 of section 4 of The Ontario Human J^ightsl^^^-*^^'^
Code, 1961-62, as amended by section 2 of The Ontario Iluman^^bs' -*■
Rights Code Amendment Act, 1967, is repealed and the follow-
ing substituted therefor:

(4) This section does not apply to an exclusively frater- of'sertTon*"'
nal or social organization that is not operated for
private profit or to an organization that is operated
primarily to foster the welfare of an ethnic group and
that is not operated for private profit.

2. This Act comes into force on the day it receives Royal ,„gm
Assent.

Commenie-

3. This Act may be cited as The Ontario Human /eig/i/j short title
Code Amendment Act, 1968-69.

(-f

o
<

:c>

t\>

2 3

■^

5 >

y n

3 r-

7q' t:

iy«

mend

Ins Code, 1961-62

BILL 14

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Election Act

Mr. Young

TORONTO
Printed and Published by Frank Fogc, Qukkx's 1'rinter

Explanatory Note

The purpose of this Bill is to reduce the age of persons who may vote
at provincial elections from twenty-one years to eighteen years.

BILL 14

1968-69

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. — (1) Clause a of paragraph 1 of subsection 1 of section RS-O. i960.
17 of The Election Act is amended by striking out "twenty- siibs. i, '
one" and inserting in lieu thereof "eighteen". amended' "'

(2) Paragraph 2 of subsection 1 of the said section 17 ,^ fi^;^^J?;
is amended by striking out "twenty -one" in the eighth line^^^'^a^'
and inserting in lieu thereof "eighteen". amended

2. This Act comes into force on the day it receives Royal ment'"'"''''
Assent.

3. This Act may be cited as The Election Amendment Act,»^»it utie
IU6S-69.

o
a

ens

2^-
o

<\<

k««

•-i-

*><

■^

{

BILL 15

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend
The Ontario Water Resources Commission Act

Mr. Shulman

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Note
The purpose of the Bill is to prevent eutrophication of watercourses.

BILL 15 1968-69

An Act to amend
The Ontario Water Resources Commission Act

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. The Ontario Water Resources Commission Act is amended ^'^g?; ^^*'°'
by adding thereto the following section : amended

27a. Every person who sells or offers for sale any detergent dttergents
that contains a polyphosphate is guilty of an offence
and on summary conviction is liable to a fine of not
more than $1,000.

2. The Ontario Water Resources Commission Act is amended ^fg?' ^*®°'
by adding thereto the following section: amended

31a. Every municipal sewage works that empties effluent ^g*^^®^!^

into a lake, river, stream or other water or water- to remove

1 II . I 1 /n phosphates

course shall so treat the sewage that the eftluent

does not contain any phosphate that is chemically

capable of being removed.

3. — (1) This Act, except section 2, comes into force on the ^°^j'"®"°*"
1st day of September, 1969.

(2) Section 2 comes into force on the 1st day of January, '*'*'"
1970.

4. This Act may be cited as The Ontario Water Resources ^''°'"' ""*
Commission Amendment Act, 1968-69.

C/5

a
c
r
s.
>

a
a.

o
<;

O"
n

=p
rt

O p 3

3 ° S

c
"t
o
rt

BILL 16

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend
The Ontario Hurricane Relief Fund Act, 1955

Mr. Bales

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Note

The amendment increases, effective the 1st day of August, 1968, the
pensions of dependent widows and children in accordance with the in-
creased rates for widows and children provided by The Workmen's Com-
pensation Act, as amended by The Workmen's Compensation Amendment
Act, 1968.

BILL 16 1968-69

An Act to amend
The Ontario Hurricane Relief Fund Act, 1955

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Subsection la of section 1 of The Ontario Hurricane ^^^^' °:^^!,

S. 1, BUbS. 2d

Relief Fund Act, 1955, as enacted by section 1 of The Ontario (1964, o. 77,
Hurricane Relief Fund Amendment Act, 1964, is repealed and re-enacted
the following substituted therefor:

(2a) Notwithstanding subsection 2 and the agreement ^^"Jf^g®"'
entered into thereunder, the amount of assistance ^^j^^j^^^
and relief for dependent widows and children,
efTective from the 1st day of August, 1968, shall be
in such amounts and subject to such terms, condi-
tions and limitations as are provided by section 37
of The Workmen's Compensation Act, as amended ^43°- ^^^°'
by section 7 of The Workmen's Compensation Amend- 1968, c. 143
ment Act, 1968.

2. This Act shall be deemed to have come into force on the ment™*"^*
1st day of August, 1968.

3. This Act may be cited as The Ontario Hurricane Relief short title
Fund Amendment Act, 196S-69.

>
r

ts»

ko..

£?

00
rr

<-f

rtl

•^»

BILL 16

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend
The Ontario Hurricane Relief Fund Act, 1955

Mr. Bales

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

BILL 16 1968-69

An Act to amend
The Ontario Hurricane Relief Fund Act, 1955

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Subsection 2a of section 1 of The Ontario Hurricane l^^^-^-.^^k

s. 1, subs. 2a

Relief Fund Act, 1955, as enacted by section 1 of The Ontario (i964, o. 77,
Hurricane Relief Fund Amendment Act, 1964, is repealed and re-eiiaoted
the following substituted therefor:

(2a) Notwithstanding subsection 2 and the agreement '^^jX®^^!g^"*
entered into thereunder, the amount of <issistance^^?|^^gj^
and relief for dependent widows and children,
effective from the 1st day of August, 1968, shall be
in such amounts and subject to such terms, condi-
tions and limitations as are provided by section 37
of The Workmen's Compensation Act, as amended J.^f^y' ^^"^
by section 7 of The Workmen's Compensation Amend- loes. c. 143
ment Act, 1968.

2. This Act shall be deemed to have come into force on the ^ent"^^"^*'
1st day of August, 1968.

3. This Act may be cited as The Ontario Hurricane Relief short title
Fund Amendment Act, 1968-69.

133

n
n
n

-I
o

a.
a

0^5

n
3

-t

■n

(fc

t-^

00
ft-

«*

t— k

t_^

-1

?3
2.

C fl

(yi

BILL 17

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Milk Act, 1965

Mr. Stewart

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Notes

Section 1. The purpose of the section is to clarify the methods by
which The Ontario Milk Marketing Board may carry out its functions in
accordance with the intent and purpose of the Act and The Ontario Milk
Marketing Plan.

Section 2. Self-explanatory.

BILL 17 1968-69

An Act to amend The Milk Act, 1965

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Section 8 of The Milk Act, 1965 is amended by adding i8®|' ^ g
thereto the following subsection: amended

(6a) Where the Commission authorizes a marketing ^"^"r'kg^ing
board to exercise any of the powers mentioned in J"" mike
subsection 1, the marketing board, in the exercise of '■egu'ationB
such powers, may make regulations or orders or
issue directions.

a.— (1) Each of the following regulations: ?e*c1ar2d°"*

valid and
binding

1. Ontario Regulation 294/65, as amended by

Ontario Regulations 160/66, 201/66, 261/66,
390/66, 194/67, 58/68 and 216/68.

2. Ontario Regulation 52/68, as amended by
Ontario Regulation 131/68.

3. Ontario Regulation 68/68 as amended by
Ontario Regulation 336/68.

4. Ontario Regulation 69/68, as amended by
Ontario Regulation 220/68.

5. Ontario Regulation 70/68, as amended by
Ontario Regulations 130/68, 221/68 and
292/68.

6. Ontario Regulation 71/68, as amended by
Ontario Regulation 132/68,

1965, c. 72

R.S.O. 1960,
c. 349

Powers

not

limited

(a) shall be deemed to have been made under The
Milk Act, 1965, as amended by this Act;

{b) is hereby declared valid and binding for all intents
and purposes; and

(c) shall be deemed to have been valid and binding for
all intents and purposes from the date on which the
regulation was filed under The Regulations Act.

(2) Nothing in subsection 1 limits the power of The Milk
Commission of Ontario or The Ontario Milk Marketing
Board, as the case may be, to amend or revoke any regulation
mentioned in subsection 1.

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 Amendment Act,
1968-69.

9
>

CO
M

rk.

«*.

8
era

I ^

3 S*

rr ^

3- I'

3
n

a
H

BILL 17

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Milk Act, 1965

Mr. Stewart

{Reprinted as amended by the Agriculture and Food Committee)

TORONTO

Printkd and Published by Frank Fogc, Queen's Printer

Explanatory Notes

Section 2. Self-explanatory.

BILL 17 1968-69

An Act to amend The Milk Act, 1965

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Section 8 of The Milk Act, 1965 is amended by adding Jf?!; g g
thereto the following subsection : amended

(6a) Where the Commission authorizes a marketing ^f"^^^'"^^5^,„
board to exercise any of the powers mentioned in^o^aj^e
subsection 1, the marketing board, in the exercise of regulations
such powers, may make regulations or orders or
issue directions.

2.— (1) Each of the following regulations: S^c'JaiSd"""'

valid and

1. Ontario Regulation 294/65, as amended by
Ontario Regulations 160/66, 201/66, 261/66,
390/66, 194/67, 58/68 and 216/68.

2. Ontario Regulation 52/68, as amended by
Ontario Regulation 131/68.

3. Ontario Regulation 68/68 as amended by
Ontario Regulation 336/68.

4. Ontario Regulation 69/68, as amended by
Ontario Regulation 220/68.

5. Ontario Regulation 70/68, as amended by
Ontario Regulations 130/68, 221/68 and
292/68.

6. Ontario Regulation 71/68, as amended by
^^ Ontario Regulation 132/68,

shall be deemed to have been made under The Milk Act, 1965,

as amended by section 1 of this Act, and shall be deemed to

have been filed under The Regulations Act on the day of actual ^•f4^' ^^^°-

filling. ^^^%

Powers (2) Nothing in subsection 1 limits the power of The Milk

limited Commission of Ontario or The Ontario Milk Marketing

Board, as the case may be, to amend or revoke any regulation

mentioned in subsection 1.

Commence- 3. This Act comes into force on the day it receives Royal

ment •

Assent.

Short title 4. This Act may be cited as The Milk Amendment Act,
1968-69.

§.

H
>

a.
**.

»5)

tsj

r-f

^ ■

a
H

BILL 17

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Milk Act, 1965

Mr. Stewart

TORONTO
Printed and Published by F"rank Kogc;, Queen's Printer

BILL 17 1968-69

An Act to amend The Milk Act, 1965

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Section 8 of The Milk Act, 1965 is amended by adding JP72', ■. 8.
thereto the following subsection : amended

(6a) Where the Commission authorizes a marketing ^f"^°^''^^^j„j
board to exercise any of the powers mentioned int°"ake
subsection 1, the marketing board, in the exercise ofreeuiatiom
such powers, may make regulations or orders or
issue directions.

2.— (1) Each of the following regulations: JeXrSd""'

valid and

1. Ontario Regulation 294/65, as amended by
Ontario Regulations 160/66, 201/66, 261/66.
390/66, 194/67, 58/68 and 216/68.

2. Ontario Regulation 52/68, as amended by
Ontario Regulation 131/68.

3. Ontario Regulation 68/68 as amended by
Ontario Regulation 336/68.

4. Ontario Regulation 69/68, as amended by
Ontario Regulation 220/68.

5. Ontario Regulation 70/68, as amended by
Ontario Regulations 130/68, 221/68 and
292/68.

6. Ontario Regulation 71/68, as amended by
Ontario Regulation 132/68,

shall be deemed to have been made under The Milk Act, 1965,

as amended by section 1 of this Act, and shall be deemed to

have been filed under The Regulations Act on the day of actual ^•34^- ^^*°'

filling.

Powers (2) Nothing in subsection 1 limits the power of The Milk

limited Commission of Ontario or The Ontario Milk Marketing

Board, as the case may be, to amend or revoke any regulation

mentioned in subsection 1.

Commence- 3. This Act comes into force on the day it receives Royal
ment ,

Assent.

Short title 4, This Act may be cited as The Milk Amendment Act,
1968-69.

3
>

H
P)

>
7)
H

■1

n
3

S3.

o-o

1-^

»«

»<a

5
re

>
o

BILL 18

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Game and Fish Act, 1961-62

Mr. Shulman

TORONTO
Printed and Published by Frank Fo«g, Queen's Printer

Explanatory Notes
Section 1. Adds definition of leg-hold or steel-jaw trap.

Section 2. Prohibits the trapping of game by a leg-hold or steel-jaw
trap, or b\- any other trap, snare or device of a design not approved by the
Minister.

Section 3. Provides for regulations governing the approval of traps,
snares or other devices.

BILL 18 1968-69

An Act to amend
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. Section 1 of The Game and Fish Act, 1961-62, asj.^t|;^g2'^_
amended by section 1 oi The Game arul Fish Amendment Act, ^'^^^^^'^
1964, is further amended by adding thereto the following
paragraph :

14a. "leg-hold or steel-jaw trap" means any trap or
device that depends for its use or any part of its use
on holding game by limb, tail or other extremity in
such a way as to inflict pain or suffering upon the
game or to cause it to inflict pain upon itself, other
than that incidental to immediate death.

2. The Game and Fish Act, 1961-62 is amended by adding J^^l'^^,
thereto the following section: ainended

276. No person shall trap or attempt to trap game by the^^g*'"'''
use of a leg-hold or steel-jaw trap or by the use of any steei-jaw
other trap, snare or device except of a design that
has been approved for the purpose by the Minister.

3. Section 84 of The Game and Fish Act, 1961-62, 2isl^\\-X's4.,
amended by section 7 of The Game and Fish Amendment /lei, amended
1962-63 and section 11 of The Game and Fish Amendment Act,

1966, is further amended by adding thereto the following
paragraph :

7. for the purposes of section 276, providing for the
granting of approvals to designs of traps, snares and
other devices.

4. This Act comes into force on a day to be named by the ment'"*"''*"
Lieutenant Governor by his proclamation.

5. This Act may be cited as The Game and Fish Amend- s^ort title
ment Act, 1968-69.

I 18

■■S" TT

JO
C/3

a
c
r
S
>
z

0^5

(As

3*
n

3 >
n 3

§ >

0^
to

BILL 19

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to provide for the Governing Bodies of Universities

Mr. Reid (Scarborough East)

TORONTO

Printed and Published by Frank Foog, Queen's Printer

Explanatory Note

The Bill reconstructs the governing bodies of universities, replacing
boards of governors and senates with one governing council having demo-
cratic representation of undergraduate and post-graduate students,
faculty members, alumni (who would include the public community) and
the administrative staff, and including other appointed and ex officio
members representing governmental links.

BILL 19 1968-69

An Act to provide for
the Governing Bodies of Universities

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-lt;r-

(a) "part-time student" means a student enrolled in a
university for part-time attendance in a course
leading to a degree;

(b) "university" means a university established by an
Act of the Legislature.

2. Notwithstanding any general or special Act, the govern- councUs"*
ing body of every university shall be known as the Governing established
Council.

3. — (1) The Governing Council shall consist of not fewer tiorTo"*'
than forty and not more than forty -eight members as follows: °°"""'

1. One member who shall be appointed by the Lieu-
tenant Governor in Council during pleasure.

2. The member of the Legislature and the member of
the House of Commons of Canada in whose riding
the main administrative structures of the university
are situate, who shall be ex officio members.

3. The head of the council of the local municipality in
which the main administrative structures of the
university are situate, or a person designated by him.

4. Eleven or twelve members who are professors or
associate professors of the university who shall be
elected every four years by the professors and asso-
ciate professors.

5. Eleven or twelve members who are full-time members
of the faculty of the university, other than professors

and associate professors, who shall be elected every
four years by the members of the faculty who are
full-time employees other than professors and
associate professors.

6. Six to eight members who are undergraduate, post-
graduate and part-time students of the university
each elected by the undergraduate, post-graduate
and part-time students, respectively, for a term of
one year and the number of members in each cate-
gory shall be determined by the Governing Council
as nearly as is practicable in the proportion of their
enrolment in the university, except that the (Govern-
ing Council may fix an equivalent of more than one
part-time student to one undergraduate or post-
graduate student for the purpose.

7. Five to seven members who shall be elected every
four years by the graduates of the university.

8. One or two members who are full-time employees
on the administrative staff of the university who
shall be elected every four years by the full-time
employees of the administrative staff.

9. The President of the university, who shall be an
ex officio member, and one or two persons who shall
be nominated by the President.

Determina- (2) The Governing Council shall determine the numbers of
number members for the purposes of paragraphs 4, 5, 6, 7, 8 and 9 of
subsection 1.

student (3) The elections for each of the categories of the members

referred to in paragraph 6 of subsection 1 shall be conducted
at the expense of the university by the student organization
containing the largest membership of that category of
students enrolled in the university, and the records and facili-
ties of the university shall be made available to the student
organization conducting the election to the extent necessary
to prepare voters' lists and conduct the elections.

eierUons (4) The Governing Council shall conduct the elections

referred to in paragraphs 4, 5, 7 and 8 of subsection 1 and the
ballot for the election referred to in paragraph 7 shall be
taken b\' mail.

\'aoancies

(5) An elected member who loses his eligibility for election
while he is in ofifice shall vacate his ol'tice, and where the
ofifice of an elected member becomes vacant for this or any

other reason before the expiration of his term, the remaining
members elected by the same electors shall appoint a person
who is eligible to be a candidate for election to the office to
be a member for the remainder of the unexpired term.

4. — (1) All meetings of the Governing Council shall be meetings
open to the public, except that the Governing Council may,
by resolution, exclude any persons other than members of
the faculty, the administrative staff or the student body
from a meeting.

(2) All expenditures of or liabilities incurred by a university ^"0''°"^*"
shall be authorized by the Governing Council at a meeting ®JP®g"<*'-
of the Council sitting as a whole.

5. — (1) The board of governors and senate, or any corre- J}'|x'iitfng"
spending body, of every university are dissolved. bodfeB"'"^

(2) All the powers and duties vested in the board ofduulTof"'*
governors and senate, or any corresponding bodies, of each Council
university are vested in the Governing Council established
under this Act.

6. — (1) The first elections referred to in subsection 1 of Hy^t'ong
section 3 shall be conducted before the 1st day of November,
1969 by the board of governors of the university, or any
corresponding body, and subject to subsection 2, the provisions
of this Act applying to governing councils respecting the
conduct of elections apply to the said board of governors for
the purpose.

(2) For the purposes of the first elections, the numbers'*'®'"
of members referred to in paragraphs 4, 5, 6, 7 and 8 of
subsection 1 of section 3 shall be either the minimum or the
maximum number prescribed, as determined by the board
of governors.

7. Every university shall have a President appointed ^"^'''°"*
during pleasure by the Governing Council of the university.

8.— (1) This Act, except sections 1, 2, 3, 4, 5 and 7, comes Sent'"^"''^"
into force on the day it receives Royal Assent.

(2) Sections 1, 2, 3, 4, 5 and 7 come into force on the 1st day ''*®'"
of November, 1969.

9. This Act may be cited as The Universities Act, 1968-69.

Short title

?
O

M
p

g-
n

1-*

0X1

O
o
<

0-13

?^
3 O

BILL 20

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend
The Ophthalmic Dispensers Act, 1960-61

Mr. Shulman

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Note
Self-explanatory.

BILL 20 1968-69

An Act to amend
The Ophthalmic Dispensers 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. The Ophthalmic Dispensers Act, 1960-61 is amended byi^so-Gi.
adding thereto the following section : ainerided

216. Notwithstanding the other provisions of this Act or^|i',®,°^
any other general or special Act, no person shall "J^j^J^ls
offer for sale or sell spectacles or eyeglasses having prohibited
frames made of cellulose nitrate.

2. This Act comes into force on the day it receives Royal c^omnie'iL*-
Assent.

3. This Act may be cited as The Ophthalmic Dispensers ^^""^^ ""*
Amendment Act, 1968-69.

»
G

3 §•

"■>

a.
a

ct to amend
Dispensers A<

BILL 21

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

The Air Pollution Control Act, 1968-69

Mr. Shulman

TORONTO
Printed and Published by Frank Kogc;, Queen's Pkintkr

Explanatory Note

This Bill is based upon the principles of a local law of the City of
New York passed in 1966.

BILL 21 1968-69

The Air Pollution Control Act, 1968-69

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

^ T 1 • « Interpre-

1. In this Act, tation

(a) "Act" includes the regulations;

(b) "air contaminant" means any particulate matter or
any gas or any combination thereof, other than
water vapour or natural air;

(d) "combustion controller" means a control apparatus
that automatically maintains the proper fuel-to-air
ratio for optimum combustion of fuel;

(e) "control apparatus" means any device that prevents
or controls the emission of any air contaminant;

(/) "Department" means the Department of Health;

(g) "emission" means dispersion into the open air;

(h) "equipment" means any device that is capable of
causing the emission of an air contaminant into the
open air, and includes a stack, conduit, flue, duct,
vent or similar device connected or attached to, or
serving equipment;

(i) "equipment used in a manufacturing process" means
any equipment in which the preponderance of the
air contaminant emitted is caused by the manufac-
turing process;

{j) "fuel-burning equipment" means any furnace, boiler,
water heater, device, mechanism, stack, structure,
oven, stove, kiln, still or other apparatus that is
used in the process of burning fuel or a similar
combustible material, other than a motor vehicle;

(k) "gas" means a formless fluid that occupies space and
that can be changed to a liquid or solid only by
increased pressure with decreased or controlled tem-
perature or by decreased temperature with increased
or controlled pressure;

^•|^0- ^960, (/) "local board" has the meaning given it in The De-

partment of Municipal Affairs Ad;

(m) "motor vehicle" means any equipment that is
prop)elled by an internal combustion engine in or
upon which a person or material may be transported
on the ground;

(w) "municipality" includes a metropolitan munici-
pality;

(o) "particulate matter" means any liquid, other than
water, or any solid that is so finely divided as to be
capable of becoming wind-blown or being suspended
in air;

(p) "portable equipment" means any equipment that is
designed to be transported from place to place for
temporary operation;

f'soi'^^'^^^' ^5^ "professional engineer" means a person who is reg-

istered or licensed under The Professional Engineers
Act;

(r) "regulations" means the regulations made under
this Act;

(s) "residual fuel oil" has the meaning given by the
regulations;

(/) "vapour" means any material in a gaseous state
that is formed from a substance, usually a liquid,
by an increase in temperature.

and d'uties ^' "'^"^ °^ ^^^ powers conferred upon the Department and
any of the duties imposed upon the Department by this Act
may be exercised or jaerformed, as the case may be, by the
-Minister of the Department or by any one or more officials
of the Department. whom he may designate for the purpose.

3. No person shall construct, install or alter any equip- ^^^'1^''^''°"
ment or control apparatus of any kind in any structure, tio". permits,
other than in a one or two family dwelling, until an applica-and control
tion, including plans and specifications, has been filed ^j^h ^pp^'"^*^"»
the Department and an installation or alteration permit has
been issued thereupon by the Department.

4. — (1) No person shall use or cause to he used an\- new 'ertmeates,
or altered equipment for which an installation or alteration ^'f^'J^.^^'i
permit was required or issued until an operating certificate sQuipment
has been issued therefor by the Department.

(2) No operating certificate or renewal thereof required by J^^^j'jj^^g
this Act shall be issued by the Department unless the applicant precedent
shows to the satisfaction of the Department that the equip-
ment is designed to operate without causing a contravention

of this Act and that the equipment incorporates advances in
the art of air pollution control developed for the kind and
amount of air contaminant emitted by the applicant's equip-
ment.

(3) Before an operating certificate or any renewal thereof J^s^T'
is issued, the Department may require the applicant to con-
duct such tests as are in the opinion of the Department
necessary to determine the kind or amount of the air contam-
inant emitted from the equipment or whether the equipment

or fuel or the operation of the equipment contravenes this
Act, and such tests shall be made at the expense of the ap-
plicant and shall be conducted in a manner approved by the
Department and the results of the tests shall be reviewed
and certified by a professional engineer.

(4) An operating certificate and any renewal thereof isJer1?[''
valid for a period of three years from the date of issuance,
unless it is sooner suspended or revoked.

(5) Upon receipt of an application for an operating permit Jemporary
or a renewal thereof, the Department may issue a temporary certiflcates
operating certificate valid for a period of not more than

sixty days.

5. — (1) Commencing one year after this Act comes into j^^}^'^»f
force, no person shall cause or permit the use or operation fuel oil

f r 1 1 • . . • . 1 ,. , ., ., equipment,

ol luei burning equipment using residual fuel oil until an operating
operating certificate has been issued therefor by the Depart- ™'^"''''*'®^
ment.

(2) A certificate shall not be issued under subsection 1 ^recedent^
unless the applicant's fuel burning equipment includes the ^"^'^j^,"^,! °/
installation and use of a combustion controller, an automatic

oil temperature maintenance device and an automatic water
temperature maintenance device, or the equivalent of such
devices, and, in addition thereto, such other requirements as
the Department may specify.

coaT'burning C-^) Commencing two years after this Act comes into force,
oparaUng'' "° person shall cause or permit the use or operation of fuel
certificates burning equipment using coal as fuel until an operating
certificate has been issued therefor by the Department.

Conditions
precedent
to issue of
certificate

(4) A certificate shall not be issued under subsection 3
unless the applicant's fuel burning equipment includes the
installation and use of a combustion controller and an auto-
matic water temperature maintenance device, or the equiv-
alent of such devices, in addition to such other requirements
as the Department may specify.

Existing

refuse

burning

equipment,

operating

certificates

6. — (1) Commencing one year after this Act comes into
force, no person shall cause or permit the use or operation of
refuse burning equipment in any structure, other than in a
multiple dwelling of six storeys or less, until an operating
certificate therefor has been issued by the Department.

Idem,
multiple
dwellings
of six
storeys
or less

(2) Commencing two years after this Act comes into force,
no person shall cause or permit the use or operation of refuse
burning equipment in any multiple dwelling of six storeys
or less until an operating certificate has been issued therefor
by the Department.

Conditions
precedent
to issue of
certificate

(3) A certificate shall not be issued under this section
unless the applicant's refuse burning equipment includes the
installation and use of an auxiliary gas burner regulated by
automatic firing clocks, an overfire air fan and nozzle system
and control apparatus, such as a scrubber, or the equivalent
of such devices, and, in addition thereto, such other require-
ments as the Department may specify.

Manufac-
turing
processes,
operating
certificates

7. Commencing one year after this Act comes into force,
no person shall cause or permit the emission of any sulphur
compound in the form of a gas, vapour or otherwise, from
equipment used in a manufacturing process until an operating
certificate has been issued therefor by the Department.

Portable
equipment,
operating
certificates

8. Commencing one year after this Act comes into force,
no person shall cause or permit the op>eration of portable
equipment powered by an internal combustion engine, other
than a motor vehicle, at any one location for a continuous
period of ten days or more until an operating certificate
has been issued therefor b>' the Department.

9. No person shall cause or permit to be operated any |^J^^j?*'^|^j
equipment or process that is in existence when this Act
comes into force except in accordance with this Act.

10. — (1) No person shall cause or permit the use of fuel content^
that contains more than the following percentages of sulphur restrfcted
bv weight:

1. F"or a period of two years and four months com-
mencing eight months after this Act comes into
force,

i. coal, 2.2 per cent,

ii. residual fuel oil, 2.2 per cent.

2. For a period of two years commencing three years
after this Act comes into force,

i. coal, 2.0 per cent,

ii. residual fuel oil, 2.0 f>er cent.

3. After the period mentioned in item 2 expires,

i. coal, 1.0 per cent,
ii. residual fuel oil, 1.0 per cent.

(2) Upon the application of any person engaged in the certiflcates
operation of fuel burning equipment using coal or residual exemption
fuel oil as a fuel, the Department may issue a certificate of
exemption from the sulphur content restrictions of this
section if the applicant proves to the satisfaction of the
Department that the fuel burning equipment is operated in

such a manner or is equipped with such control apparatus as
to continuously prevent the emission of any sulphur com-
pound or compounds in amounts greater than those that
would be emitted from the burning in the same fuel burning
equipment without such control apparatus of coal or residual
fuel oil containing an amount of sulphur by weight not in
excess of the maximum permitted at the applicable time by
this section.

(3) As a condition for the issuance or renewal of a certi- ^f°P^^'^°2|
ficate of exemption, the applicant must, at his own expense,

install scientific monitoring devices capable of continuously
recording emissions of sulphur compounds and must submit
the records thereof to the Department each day.

Prohibition

and

penalty

(4) No person shall cause or permit the emission of any
sulphur compounds or compounds in an amount in excess of
that permitted by the terms of a certificate of exemption
issued under this section and, in the event of a contravention
of this subsection, the Department may, as an alternative
or in addition to any other penalty that may be imposed,
suspend or revoke the certificate of exemption or take such
other action as may be deemed to be appropriate.

"cerukcate of (5) A certificate of exemption or any renewal thereof is
exemption valid for a period of one \ear from the date of issuance
unless it is sooner suspended or revoked.

Temporary
certificates
of

exemption

(6) Upon the application of any person engaged in the
operation of fuel burning equipment using coal or residual
fuel oil as fuel, the Department may issue a temporary
certificate of exemption from the sulphur content restrictions
of this section if the applicant proves to the satisfaction of
the Department that the application is for the purpose of
conducting an experimental operation prior to the submission
of an application for a certificate of exemption.

(7) A temporary certificate of exemption is valid for a

Term of
temporary

exemption ^"^ pjcriod of three months from the date of issuance unless it is
sooner suspended or revoked and may be renewed once only
for an additional period of three months.

Conditions
of issuance

(8) As a condition to the issuance or renewal of a temporary
certificate of exemption, the applicant must at his own
expense install scientific monitoring devices capable of con-
tinuously recording emissions of sulphur compounds and must
submit the records thereof to the Department each day.

Bituminous
coal, use
restricted

11. — (1) Commencing three years after this Act comes
into force, no person shall use bituminous coal in fuel burning
equipment until he installs, uses and continuously maintains
control apparatus certified by a professional engineer as
capable of continuously preventing the emission of at least
99 per cent of all solid particulate matter that would other-
wise be emitted from the use of bituminous coal in the fuel
burning equipment.

Conditions
for con-
tinued use

(2) As a condition for continued use of bituminous coal
under this Act, the Department may require,

(a) the semi-annual submission of a statement by a
professional engineer certifying to the continued
99 per cent efticienc>' of the control apparatus; and

{b) the installation at the expense of the operator of
scientific monitoring devices capable of continuously
recording emissions of particulate matter or gases
and the submission of a statement of the information
so recorded.

(3) Notwithstanding subsections 1 and 2, commencing two ^^^j.^^^J'^
years after this Act comes into force, no person shall use
bituminous coal in fuel burning equipment for the purpose
of providing heat or hot water for any structure or building
or any part thereof, but this prohibition does not apply to
fuel burning equipment operated for the purpose of generating
steam for ofT-premises sale, to which operation subsections
1 and 2 apply.

12. — (1) Commencing two years after this Act comes into Jj|p"g®i_
force, no person shall cause or permit the installation or p^^jf^J^^'**'-
construction of refuse burning equipment for the burning
of garbage or other waste matter.

(2) Subsection 1 does not apply to refuse burning equip- ^'^''®p* °°*
ment of a municipality or a local board.

(3) A system of hygienic control or hygienic disposal of^"g,Vi^gg
putrescible garbage and equipment capable of reducing the
volume of refuse by two-thirds by means other than burning

that is constructed, maintained and operated in conformity
with all legal requirements applicable thereto shall be pro-
vided in all multiple dwellings which are four or more storeys
in height and occupied by more than twelve families, and
which are erected two years or more after this Act comes
into force.

(4) Mechanically operated garbage grinders for the dis-^'r^age
charge of solid kitchen waste materials from dwelling units s'''""*®™
may be installed in all dwellings, including multiple dwellings

that are erected two years or more after this Act comes into
force, provided,

(a) that the installation of any such grinder is not
prohibited by any municipal by-law;

(b) that any such grinder is designed and installed in
conformity with all legal requirements applicable
thereto; and

(c) that any such grinder will discharge wastes at a
reasonably uniform rate and in fluid form that
will flow readily and in a manner that will not clog
or stop up the drain line or sanitary sewer.

dispoBli ^^* — (^) ^^ incinerator operated or to be operated by

municipal a municipality or a local board shall be constructed or sub-

oonstruttiori stantially reconstructed unless there is installed and operated

therein control apparatus that incorporates the most effective

advances in the art of air pollution control as determined by

the Department.

Idem,
operation

(2) Commencing three years after this Act comes into
force, no incinerator shall be operated by a municipality or
a local board unless there is installed and operated therein
control apparatus that incorporates the most effective
advances in the art of air pollution control as determined
by the Department.

Operators,
etc.,
to take
courses of

instruction

14. — (1) Every operator of fuel burning equipment using
residual fuel oil, every operator of refuse burning equipment
and every person who is charged with supervision of the
operation of fuel burning equipment using residual fuel oil
or of the operation of refuse burning equipment shall success-
fully complete, within two years after this Act comes into
force, or within six months after the commencement of his
employment, whichever is later, a course of instruction in
air pollution control approved by the Department.

Employ-
ment of un-
qualified
operators,

etc.,
prohibited

(2) No person shall employ an operator of fuel burning
equipment using residual fuel oil, an operator of refuse
burning equipment or a supervisor in charge of either of such
operations unless the operator or supervisor, as the case
may be, has complied with subsection 1.

Certificate

competence

(3) Upon the successful completion of a course of instruc-
tion mentioned in subsection 1, the operator or supervisor,
as the case may be, shall be given a certificate stating his
name and the date issued and certifying that he has success-
fully completed the course mentioned, which certificate shall
be posted in a prominent place at or near the equipment that
he operates or supervises.

equi'pment 13« The Department may seal any equipment installed
or operated in contravention of this Act.

Separate

offences

16. — (1) The operation of any equipment in contravention
of any provision of this Act shall be deemed a separate and
distinct contravention as to each day of such operation.

Offences

and

penalties

(2) Any jDerson who contravenes any provision of this Act
is guilty of an offence and on summary conviction is liable
to a fine of not less than $25 and not more than SI, 000 or
to imprisonment for a term of not more than six months,
or to both.

17. The Lieutenant Governor in Council may make such ^^^"'''"o"^
regulations with respect to air pollution control as he deems
necessary for carrying out the purposes of this Act, and in
particular,

(a) defining bituminous coal and residual fuel oil for
the purposes of this Act by reference to a recognized
code of standards or a part thereof or otherwise;

(b) respecting the emission of air contaminants;

(c) requiring and prescribing alterations to equipment
and processes in existence when this Act comes into
force in order that they may be operated in com-
pliance with this Act;

(d) prescribing methods, by reference to a recognized
code of standards or part thereof or otherwise, for
determining the sulphur content of fuels by weight;

(e) respecting applications for and the issuance, renewal,
suspension and revocation of permits and certificates,
and imposing conditions and limitations thereon;

(/) respecting the sealing of equipment and prescribing
procedures with respect thereto;

(g) approving courses of instruction for operators and
supervisors of,

(i) fuel burning equipment using residual fuel
oil, or

(ii) refuse burning equipment;

(h) prescribing forms and providing for their use;

(i) prescribing fees.

18. The following are repealed: Repealed:

1. Every air pollution control by-law of every muni- By-laws
cipality.

2. The Air Pollution Control Act, 1967.

3. The Air Pollution Control Amendment Act, 1968. i^^s. c. 3

10. This Act may be cited as The Air Pollution Control ^^°^^^^^^^
Act, 1968-69.

H
n

B3
C

?- a-
o

-3
o

BILL 22

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend
The Prepaid Hospital and Medical Services Act

Mr. Rowntree

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Note

The Bill makes prescription drug plans subject to the Act in the same
manner as hospital and medical services plans.

BILL 22 1968-69

An Act to amend
The Prepaid Hospital and Medical Services Act

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Clause a of section 1 of The Prepaid Hospital cnd^^jO.i960.
Medical Services Act is amended by inserting after "service" ^i a, ' '

,,.,,.,, ... . . , ., , , amended

m the third Ime or providmg prescription drugs , and by
inserting after "services" in the sixth line "or prescription
drugs", so that the clause shall read as follows:

(a) "association" means any company or corporation
incorporated for the purpose of establishing, main-
taining and operating a hospital or medical service
or providing prescription drugs on a non-profit
prepayment basis, whereby any one or more of
hospital, medical, surgical, nursing or dental services
or prescription drugs or payment therefor may be
provided to persons who become subscribers with,
or members of, such company or corporation, or for
these and similar purposes, but does not include an
insurer licensed under The Insurance Act or a pension '.V'^;9q'L'^'^'
fund or employees' mutual benefit society incorpo-
rated under Part VI of The Corporations Act.

2. Section 1 of 'The Prepaid Hospital and Medical 5ert'/c« '*•^^•0• i^^^*-
Act is amended by adding thereto the following clauses: amended

(aa) "pharmacist" means a person registered as a phar-
maceutical chemist under The Pharmacy Act; " .",9 "^''"•

(ab) "prescription drug" means a drug as defined in 'J'he
Pharmacy Act dispensed upon the prescription of a
legally qualified medical practitioner or dentist to a
named person, and includes such drug mixed with
any other drug or substance.

t^fo?' B^4°' ^' Section 4 of The Prepaid Hospital and Medical Services
amended Act is amended by inserting after "service" in the second

line "or prescription drugs", so that the section shall read

as follows:

datkfn"to ^- ^^ association shall, in Ontario, contract to furnish

business hospital, medical, surgical, nursing or dental service

""less or prescription drugs, or any combination of them,

registered '^ "^ , • ,

on a prepayment basis or make payment therefor
unless registered under this Act.

?f6?, i."!"' *• — (0 Clause c of subsection 1 of section 5 of The Prepaid
ame^iid^ed''' '^'■^^"^^^'^^ a«rf Medical Services Act is amended by inserting

after "physician" in the second line "pharmacist", so that

the clause shall read as follows:

(c) by a copy of every contract or proposed contract
with a hospital, physician, pharmacist and other
person for the rendering of services to subscribers
or members.

"'30?.' s'*!"' 0-) Clause b of subsection 2 of the said section 5 is amended
anlei'ided '■ *' ^^ inserting after "physicians" in the second line "phar-
macists", so that the clause shall read as follows:

ib) that the contracts and proposed contracts with
hospitals, physicians, pharmacists or other persons
for the rendering of service to subscribers or members
and the contracts or proposed contracts with sub-
scribers or members are fair and reasonable.

,^ 304g''g*^' 5. Clause a of subsection 2 of section 6 of The Prepaid
t\mended^' "' ^^^f'^^^^ aw«? Medical Services Act is amended by inserting

after "physicians" in the second line "pharmacists", so that

the clause shall read as follows:

(a) that the contracts and proposed contracts with
hospitals, physicians, pharmacists or other persons
for the rendering of service to subscribers oi members
and the contracts or proposed contracts with sub-
scribers and members are fair and reasonable.

Cuniiiiem
nient

6. This Act comes into force on a day to be named by the
Lieutenant (lovcrnor by his proclamation.

Short title 7. This ..\(-t „ia> be cited as The Prepaid Hospital and

Medical Services Amendment Act, 1968-69.

?0
O

W
W
PI

n
n
rt

n ^>
ft T3 5

>2La

BILL 22

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend
The Prepaid Hospital and Medical Services Act

Mr. Rowntree

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

BILL 22 1968-69

An Act to amend
The Prepaid Hospital and Medical Services Act

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. Clause a of section 1 of The Prepaid Hospital and^-^^^.iaeo.
Medical Services Act is amended by insertmg after "service ci. a,

, 1 ■ , 1- li • !• • • I I. J L amended

m the third line or providing prescription drugs , and by
inserting after "services" in the sixth line "or prescription
drugs", so that the clause shall read as follows:

(a) "association" means any company or corporation
incorporated for the purpose of establishing, main-
taining and operating a hospital or medical service
or providing prescription drugs on a non-profit
prepayment basis, whereby any one or more of
hospital, medical, surgical, nursing or dental services
or prescription drugs or payment therefor may be
provided to persons who become subscribers with,
or members of, such company or corporation, or for
these and similar purposes, but does not include an
insurer licensed under The Insurance Act or a pension ^■^jgo^Ti"'
fund or employees' mutual benefit society incorpo-
rated under Part VI of The Corporations Act.

2. Section 1 of The Prepaid Hospital and Medical Services ^■^^■^^^^'
Act is amended by adding thereto the following clauses: amended

(aa) "pharmacist" means a person registered as a phar-
maceutical chemist under The Pharmacy Act; ^fs?' ^^*'^'

{ah) "prescription drug" means a drug as defined in The
Pharmacy Act dispensed upon the prescription of a
legally qualified medical practitioner or dentist to a
named person, and includes such drug mixed with
any other drug or substance.

0*164 '8^4°' ^' Section 4 of The Prepaid Hospital and Medical Services
amended Act is amended by inserting after "service" in the second

line "or prescription drugs", so that the section shall read

as follows:

ciation''to ^- ^o association shall, in Ontario, contract to furnish

business hospital, medical, surgical, nursing or dental service

unless or prescription drugs, or any combination of them,

registered ^ ^ ° ' . ■' , , . '

on a prepayment basis or make payment therefor

unless registered under this Act.

^lo"; B.®|°' 4. — (1) Clause c of subsection 1 of section 5 of The Prepaid
amended^' ^' ■^^'^^f'^''^^ ^^^ ^^^^'^'^^ Services Act is amended by inserting

after "physician" in the second line "pharmacist", so that

the clause shall read as follows:

(c) by a copy of every contract or proposed contract
with a hospital, physician, pharmacist and other
person for the rendering of services to subscribers
or members.

c^'fo?.' 8.^5°' (^) Clause b of subsection 2 of the said section 5 is amended
amended'^'' *' ^^ inserting after "physicians" in the second line "phar-
macists", so that the clause shall read as follows:

(b) that the contracts and proposed contracts with
hospitals, physicians, pharmacists or other persons
for the rendering of service to subscribers or members
and the contracts or proposed contracts with sub-
scribers or members are fair and reasonable.

^lo",' s.^e"' ^' Clause a of subsection 2 of section 6 of The Prepaid
^^^^^^^^- "■ Hospital and Medical Services Act is amended by inserting

after "physicians" in the second line "pharmacists", so that

the clause shall read as follows:

(a) that the contracts and proposed contracts with
hospitals, physicians, pharmacists or other persons
for the rendering of service to subscribers or members
and the contracts or proposed contracts with sub-
scribers and members are fair and reasonable.

Co mm en ce-
ment

Short title

6. This Act comes into force on a day to be named by the
I.ieutenant Governor by his proclamation.

7. This Act may be cited as The Prepaid Hospital and
Medical Services Amendment Act, 1968-69.

70
o

H
W
W
K

9J
O

1— »

«*.

Vk.

-o

On
00

BILL 23

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Damage by Fumes Arbitration Act

Mr. Lawrence (St. George)

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Notes

Section 1. The language is brought into line with present-day
conditions and to clarify the intent.

Skction 2. The maximum sum to be raised annually to cover
expenses was fixed at $5,000 in 1924, $10,000 in 1946, $20,000 in 1955, and
$30,000 ill 1958. It is now increased to $50,000.

In addition, a number of changes in language are made to bring the
section into line with present-day conditions and to clarify the intent.

BILL 23 1968-69

An Act to amend
The Damage by Fumes Arbitration 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 Damage by ^mot« ^1^0^1960,
Arbitration Act is amended by strikins: out "the smelting or subs.' i,'

.,.,, . , , amended

roastmg ot nickel-copper ore or iron ore or from the treatment
of sulphides for the production of sulphur or sulphuric acid
for commercial purposes" in the third, fourth and fifth lines
and inserting in lieu thereof "smelting, roasting, refining or
otherwise treating ores or minerals", so that the subsection
shall read as follows:

(1) Where damage is occasioned directly or indirectly toJ^*""**? '°

, • 1 1 . (• crops, etc.

crops, trees or other vegetation by sulphur fumes

arising from smelting, roasting, refining or otherwise

treating ores or minerals, such damage may, subject

to section 3, be determined by the arbitrator who

has exclusive jurisdiction to determine the amount

of such damage and to make an award.

2. Section 6 of The Damage by Fumes Arbitration Act^-^^-^^^^'^-
is repealed and the following substituted therefor: re-enacted

6.— (1) A sum not exceeding $50,000 in any year to^''^^"^®^
cover the expenses of administering this Act, in-
cluding the salary or other remuneration of the
arbitrator and his assistants, is payable annually
to the Province by the companies smelting, roasting,
refining or otherwise treating ores or minerals in a
manner that may result in the escape or release into
the open air of sulphur fumes.

(2) The arbitrator at the close of each calendar year Assessment
shall assess the amount for which each company
smelting, roasting, refining or otherwise treating ores

or minerals in a manner that may result in the

escape or release into the open air of sulphur fumes
is liable under subsection 1, and the amount so
assessed against each company is payable to the
Treasurer of Ontario within fifteen days after the
mailing of a registered letter demanding payment
thereof addressed to the last-known address of the
company, but every assessment so made is subject
to the approval of the Minister of Mines.

Commence-
ment

3. This Act comes into force on the 1st day of January,
1969.

Short title 4. fhis Act may be cited as The Damage by Fumes Arbi-
tration Amendment Act, 1968-69.

r
>

Z
n

erp

ex.

ts>

t— »
00

1
4

0-="

i o

g:a.

BILL 23

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Damage by Fumes Arbitration Act

Mr. Lawrence (St. George)

(Reprinted as amended by the Committee of the Whole House)

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Notes

Section 1. The language is brought into line with present-day
conditions and to clarify the intent.

Section 2. The maximum sum to be raised annually to cover
expenses was fixed at $5,000 in 1924, $10,000 in 1946, $20,000 in 1955, and
$30,000 in 1958. It is now increased to $50,000.

In addition, a number of changes in language are made to bring the
section into line with present-day conditions and to clarify the intent.

BILL 23 1968-69

An Act to amend
The Damage by Fumes Arbitration 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 Damage by Fwmes R-^-O- i^^o,
Arbitration Act is amended by striking out "the smelting orsiibs.'i, '
roasting of nickel -copper ore or iron ore or from the treatment

of sulphides for the production of sulphur or sulphuric acid
for commercial purposes" in the third, fourth and fifth lines
and inserting in lieu thereof "smelting, roasting, refining or
otherwise treating ores or minerals", so that the subsection
shall read as follows:

(1) Where damage is occasioned directlv or indirectly to Damage to
^ ' ° , • 1 ' . , r crops, etc.

crops, trees or other vegetation by sulphur lumes

arising from smelting, roasting, refining or otherwise
treating ores or minerals, such damage may, subject
to section 3, be determined by the arbitrator who
has exclusive jurisdiction to determine the amount
of such damage and to make an award.

2. Section 6 of The Damage by Fumes Arbitration -^^'^fg^g^l®"'
is repealed and the following substituted therefor: re-enacted

6. — (1) A sum not exceeding $50,000 in any year to^^'P^''^^^
cover the expenses of administering this Act, in-
cluding the salary or other remuneration of the
arbitrator and his assistants, is payable annually
to the Province by the companies smelting, roasting,
refining or otherwise treating ores or minerals in a
manner that may result in the escape or release into
the open air of sulphur fumes.

(2) The arbitrator at the close of each calendar year Assessment
shall assess the amount for which each company
smelting, roasting, refining or otherwise treating ores

or minerals in a manner that may result in the

Commence 3^ -pj^jg ^^j. ^.^j^^g j„jq {^^.^q q„ jl^g jgj. ^j^y ^f January,
1969.

Short title 4.^ -pj^jg ^j,(. ^^y be cited as The Damage by Fumes Arbi-
tration Amendment Act, 1968-69.

4 \'l'

t»

>0
en

<«

«k.

(:x.

^-^

c«

fi.

§^

<?•

r
>

n
n
f — \

D
«

o
ft

>3 n

§5

tvj

fr.^

§.

a
a*

>3
1

1—*

>
n

BILL 23

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Damage by Fumes Arbitration Act

Mr. Lawrence (St. George)

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

BILL 23 1968-69

An Act to amend
The Damage by Fumes Arbitration 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 Damage by F«we5R|gOi|80'
Arbitration Act is amended by striking out "the smelting or subs.' i,' '
roasting of nickel-copper ore or iron ore or from the treatment

(1) Where damage is occasioned directly or indirectly toOan^age^to
crops, trees or other vegetation by sulphur fumes
arising from smelting, roasting, refining or otherwise
treating ores or minerals, such damage may, subject

to section 3, be determined by the arbitrator who
has exclusive jurisdiction to determine the amount
of such damage and to make an award.

2. Section 6 of The Damage by Fumes Arbitration -^<^'^|6°g^|®°'
is repealed and the following substituted therefor: re-enacted

6.— (1) A sum not exceeding $50,000 in any year toE»P«"«~
cover the expenses of administering this Act, in-
cluding the salary or other remuneration of the
arbitrator and his assistants, is payable annually
to the Province by the companies smelting, roasting,
refining or otherwise treating ores or minerals in a
manner that may result in the escape or release into
the open air of sulphur fumes.

(2) The arbitrator at the close of each calendar year Assessment
shall assess the amount for which each company
smelting, roasting, refining or otherwise treating ores

or minerals in a manner that may result in the

escape or release into the open air of sulphur fumes
is liable under subsection 1, and the amount so
assessed against each company is payable to the
Treasurer of Ontario within fifteen days after the
mailing of a registered letter demanding payment
thereof addressed to the last known address of the
company, but every assessment so made is subject
to the approval of the Minister of Health.

Commence- 3^ jj^jg ^^^ comes into force on the 1st day of January,
1969.

Short title 4. This Act may be cited as The Damage by Fumes Arbi-
tration Amendment Act, 1968-69. . ,- •'■

•-I

•8

3-
111

Ok.

s
»«

3 &

D
3

ft >
cr ^
"< >

3
>

BILL 24

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Mining Act

Mr. Lawrence (St. George)

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Notes
Section 1. The present maximum of 90 claims a year is removed.

Sections 2 and 3. These provisions are necessary in order to intro-
duce the universal tag system under which claim tags may be used any-
where in the Province without regard to mining division boundaries.

BILL 24 1968-69

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. Section 54 of The Mining Act, as amended by section I^I^'s^m'
of The Mining Amendment Act, 1965 and section 3 of TAe '■*-«"a<"t8d
Mining Amendment Act, 1967, is repealed and the following
substituted therefor:

54. A licensee is not limited as to the number of mining ^i'lms*'^ °^
claims that may be staked out and applied for in a"""'"'**"*
licence year.

2.— (1) Subsection 5 of section 62 of The Mining Act, as ^fi?; 1*|5;
amended by section 4 of The Mining Amendment Act, ^^67,^^^^^^
is further amended by striking out "and letter or letters" in
the fifth and sixth lines, so that the subsection shall read as
follows :

(5) As soon as is reasonably possible after the recording Jafmposts
of the mining claim and not later than six months *^^®^jj„
thereafter, the holder of the claim shall affix or cause
to be affixed securely to each of the corresponding
corner posts of the claim a metal tag plainly marked
or impressed with the recorded number of the claim,
and the recorder shall supply such numbered tags
free of charge.

(2) The said section 62 is amended by adding thereto the^f4^-^^|^'

following subsection: amended

(9) At the time of recording, the recorder shall add toS-l^fl'^'^J
each claim number the prefix allotted to his division of'"^ar"*
and such prefix shall form part of the claim number, number

3.— (1) Subsection 1 of section 63 of The Mining Act isfh^.l^s.
amended by striking out "the proper" in the first line «ind l^^^^^j^^^

inserting in lieu thereof "any" and by striking out "under
section 54" in the third line, so that the subsection shall read
as follows:

claim ta s (1) A licensee may purchase from any mining recorder

before sets of metal tags for the number of mining claims

that he is entitled to stake, and the purchase of such

tags and the date thereof shall be endorsed by the

mining recorder on the licence of the purchaser.

R|-0- 19|0' (2) Subsection 5 of the said section 63 is repealed and the
subs. 5, ' following substituted therefor:

re-enacted

Tags may
be used in
any division

(5) Metal tags purchased under this section may be
used for staking out mining claims in any mining
division.

?'24?' 8^68'a *• Section 68fl of The Mining Act, as enacted by section 17
(i|62-63^^ of The Mining Amendment Act, 1962-63, is amended by
amended adding thereto the following subsection:

Where
surface
rights

required for
public use

(6) Where surface rights on an unpatented mining
claim are required for the use of the Crown or other
public use, this section applies mutatis mutandis.

?^'24? s^ioi ^' Section 101 of The Mining Act, as enacted by section 12
ci9|7.'c. 54, of The Mining Amendment Act, 1967, is amended by adding
amended thereto the following subsection :

Omission
of reserva-
tions, etc.

(4) The Minister may omit reservations or provisions
contained in subsection 1 from a lease issued under
section 100c where such reservations or provisions
are contrary to the purpose of the lease.

Commence-
ment

6. This Act comes into force on a day to be named by the
Lieutenant Governor by his proclamation.

Short title

7. This Act may be cited as The Mining Amendment Act,
1968-69.

Section 4. This provision provides a means of acquiring surface
rights on unpatented mining claims where the rights are required for
further use.

Section 5. The purpose of this amendment is to remove a conflict
between sections 100c and 101.

r
>

K
Z

n
o
"t

BILL 24

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Mining Act

Mr. Lawrence (St. George)

(Reprinted as amended by the Committee of the Whole House)

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Notes
Section 1. The present maximum of 90 claims a year is removed.

BILL 24 1968-69

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. Section 54 of The Mining Act, as amended by section 1 ^fii' Y*^^-
of The Mining Amendment Act, 1965 and section 3 of TAe ""e-ena'cted
Mining Amendment Act, 1967, is repealed and the following
substituted therefor:

54. A licensee is not limited as to the number of mining ^aime*'^ °^
claims that may be staked out and applied for in a"""™"^***
licence year.

2. — (1) Subsection 5 of section 62 of The Mining Act, as^f^^g^lj'
amended by section 4 of The Mining Amendment Act, i^<^7,^^^^^^
is further amended by striking out "and letter or letters" in
the fifth and sixth lines, so that the subsection shall read as
follows:

(5) As soon as is reasonably possible after the recording ^afm posts
of the mining claim and not later than six months ^^^^^^^i^^
thereafter, the holder of the claim shall affix or cause
to be affixed securely to each of the corresponding
corner posts of the claim a metal tag plainly marked
or impressed with the recorded number of the claim,
and the recorder shall supply such numbered tags
free of charge.

(2) The said section 62 is amended by adding thereto the^f^^-^^l^'

following subsection : amended

Division

(9) At the time of recording, the recorder shall add to^ren

X to

each claim number the prefix allotted to his division o°f'"™afm'^'
and such prefix shall form part of the claim number, number

3.— (1) Subsection 1 of section 63 of The Mining Act is ^14?; i.^|^;
amended by striking out "the proper" in the first line and|'^|j,j^j

inserting in lieu thereof "any" and by striking out "under
section 54" in the third line, so that the subsection shall read
as follows:

Issue of
claim tags
before
staking

(1) A licensee may purchase from any mining recorder
sets of metal tags for the number of mining claims
that he is entitled to stake, and the purchase of such
tags and the date thereof shall be endorsed by the
mining recorder on the licence of the purchaser.

f"24i' 8^63' (^) Subsection 5 of the said section 63 is repealed and the

subs. 5 following substituted therefor:

re-enacted

Tags may
be used in
any division

(5) Metal tags purchased under this section may be
used for staking out mining claims in any mining
division.

?f4?,' 8.^680 *• Section 68a of The Alining Act, as enacted by section 17
0^4^ 8 ^i?) °^ ^^^ Mining Amendment Act, 1962-63, is amended by
amended ' adding thereto the following subsection:

Where
surface
rights
reauired for

public use

(6) Where surface rights on an unpatented mining
claim are required for the use of the Crown or other
public use, this section applies mutatis mutandis.

R.S.O. I960,
c. 241, 8. 101

5. Section 101 of The Mining Act, as enacted by section 12
(i9||' c. 54, of The Mining Amendment Act, 1967, is amended by adding
thereto the following subsection :

amended

Omission
of reserva-
tions, etc.

(4) The Minister may omit reservations or provisions
contained in subsection 1 from a lease issued under
section 100c where such reservations or provisions
are contrary to the purpose of the lease.

Commence-
ment

6. This Act comes into force on the 1st day of April, 1969.

Short title '^ ' This Act may be cited as The Mining Amendment Act,
1968-69.

Section 4. This provision provides a means of acquiring surface
rights on unpatented mining claims where the rights are required for
further use.

Section S. The purpose of this amendment is to remove a conflict
between sections 100c and 101.

»>

f»

^^.^

-«•

t^.

«*.

c->

»■

«"

§5

>?•

w
z

o
PI

"55

O
n
o

■-t

>
n

O
P

3
n

>
n

BILL 24

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Mining Act

Mr. Lawrence (St. George)

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

BILL 24 1968-69

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. Section 54 of The Mining Act, as amended by section 1 ^•24?,' b.^m'.
of The Mining Amendment Act, 1965 and section 3 of TAe ^-^nacted
Mining Amendment Act, 1967, is repealed and the following
substituted therefor:

54. A licencee is not limited as to the number of mining ^aims" °^
claims that may be staked out and applied for in a""""^''®'^
licence year.

2.— (1) Subsection 5 of section 62 of The Mining Act, as ^•f4^; J^|5;
amended by section 4 of The Mining Amendment Act, ^^6^, tended
is further amended by striking out "and letter or letters" in
the fifth and sixth lines, so that the subsection shall read as
follows :

(5) As soon as is reasonably possible after the recording Jlf^'p'^gts
of the mining claim and not later than six 'Tionths*^^^^^,^^
thereafter, the holder of the claim shall affix or cause
to be affixed securely to each of the corresponding
corner posts of the claim a metal tag plainly marked
or impressed with the recorded number of the claim,
and the recorder shall supply such numbered tags
free of charge.

(2) The said section 62 is amended by adding thereto the ^■f4°; g^lg'.

following subsection: amended

(9) At the time of recording, the recorder shall add to^r'e'nx°S
each claim number the prefix allotted to his division ^"f.'"^';^^!'^'"'
and such prefix shall form part of the claim number, number

3.— (1) Subsection 1 of section 63 of The Mining Act is ^fi?; ^.^I";
amended by striking out "the proper" in the first line and|^|^J^j

inserting in lieu thereof "any" and by striking out "under
section 54" in the third line, so that the subsection shall read
as follows:

Issue of
claim tags
before
staking

(1) A licencee may purchase from any mining recorder
sets of metal tags for the number of mining claims
that he is entitled to stake, and the purchase of such
tags and the date thereof shall be endorsed by the
mining recorder on the licence of the purchaser.

(2) Subsection 5 of the said section 63 is repealed and the

R.S.O. 1960,

c. 241, 8. 63. .

subs. 5. following substituted tnereior

re-enacted

Tags may
be used in
any division

(5) Metal tags purchased under this section may be
used for staking out mining claims in any mining
division.

^■|4°- 8^68'a ^' Section 68a of The Mining Act, as enacted by section 17

(i962-63. of The Mining, Amendment Act, 1962-63, is amended by

c. 84. S. 17). , ,. , , r ,, • 1 •

amended adding thereto the following subsection:

Where
surface

rights

required for
public use

(6) Where surface rights on an unpatented mining
claim are required for the use of the Crown or other
public use, this section applies mutatis mutandis.

rii^'s^ioi ^' Section 101 of The Mining Act, as enacted by section 12
(1967,' c. 54, of The Mining Amendment Act, 1967, is amended by adding
amended thereto the following subsection :

Omission
of reserva-
tions, etc.

(4) The Minister may omit reservations or provisions
contained in subsection 1 from a lease issued under
section 100c where such reservations or provisions
are contrary to the purpose of the lease.

Commence-
ment

6. This Act comes into force on the 1st day of April, 1969.

Short title 7. This Act may be cited as The Mining Amendment Act,
1968-69.

JO
M
2:

n
o

orq

p
?5

c
p

•5

ft
3

>f>-

1— »

a'
»9

-0

0
00

»
3

BILL 26

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to provide for
the Control of Air Pollution from Motor Vehicles

Mr. Shulman

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Note

The Bill adopts the standards for motor vehicle air pollution recently
enacted in California.

BILL 26 1968-69

An Act to provide for the
Control of Air Pollution from Motor Vehicles

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, J^*f;p^«

(a) "exhaust emission" means the substances emitted to
the atmosphere from any opening downstream from
the exhaust part of a motor vehicle engine;

(6) "fuel evaporation emission" means vaporized fuel
emitted to the atmosphere from the unfired fuel in a
motor vehicle;

{d) "model year" followed by a designated year means
the annual production period of the manufacturer
in which a motor vehicle is manufactured and the
designated year is the year in which such annual
production period ends and, where the manufacturer
does not have an annual production period, the
twelve month period ending on the 1st day of Novem-
ber shall be deemed to be the annual production
period ;

(e) "motor vehicle" means a vehicle propelled by an
internal combustion engine and designed primarily
for use on a highway.

2. No person shall sell or offer or expose for sale a new motor ^^ °^

vehicle that does not have installed on or incorporated in it^otof

, . , . . . , vehicles

a system or device to prevent or lessen the emission into the

outdoor atmosphere of air contaminants in accordance with

the following:

Exhaust;
1970 light
vehicles

1. The exhaust emissions from a model year 1970 new
gasoline-powered motor vehicle having gross weight
of 6,000 pounds or less, as rated by the manu-
facturer, and having an engine displacement of
fifty cubic inches or greater shall not contain more
than,

Exhaust;
1971 light
vehicles

Exhaust;

1972 and

1973 light
vehicles

i. 2.2 grams of hydrocarbons per mile of driving,
and,

ii. 23 grams of carbon monoxide per mile of
driving.

2. The exhaust emissions from a model year 1971 neyv
gasoline-powered motor vehicle having gross weight
of 6,000 pounds or less, as rated by the manu-
facturer, and having an engine displacement of
fifty cubic inches or greater shall not contain more
than,

i. 2.2 grams of hydrocarbons per mile of driving,

ii. 23 grams of carbon monoxide f>er mile of
driving, and

iii. 4.0 grams of oxides of nitrogen per mile of
driving.

3. The exhaust emissions from a model year 1972 or
1973 new gasoline-powered motor vehicle having
gross weight of 6,000 pounds or less, as rated by the
manufacturer, and having an engine displacement of
fifty cubic inches or greater shall not contain more
than,

i. 1.5 grams of hydrocarbons per mile of driving,

ii. 23 grams of carbon monoxide per mile of
driving, and

iii. 3.0 grams of oxides of nitrogen per mile of
driving.

Exhaust;
1974 or
later light
vehicles

4. The exhaust emissions from a model year 1974 or
later new gasoline-powered motor vehicle having
gross weight of 6,000 pounds or less, as rated by the
manufacturer, and having an engine displacement
of fifty cubic inches or greater shall not contain
more than,

i. 1-.5 grams of hydrocarbons per mile of driving.

ii. 23 grams of carbon monoxide per mile of
driving, and

iii. 1.3 grams of oxides of nitrogen per mile of
driving.

5. The exhaust emissions from a model year 1970 or fy'^y'jf and
1971 new gasoline-powered motor vehicle having a I'J^i |>eavy
gross weight of over 6,000 pounds, as rated by the
manufacturer, shall not contain more than,

i. 275 parts per million of hydrocarbons, and

ii. 1.5 per cent of carbon monoxide.

6. The exhaust emissions from a model year 1972 or ptf72'*and
later new gasoline-powered motor vehicle having a '^f^'j^r^J^g*^'^
gross weight of over 6,000 pounds, as rated by the
manufacturer, shall not contain more than,

i. 180 parts per million of hydrocarbons, and

ii. 1.0 per cent carbon monoxide.

7. Fuel evaporation emissions from the fuel system of '-^IvipoTaUon-
model year 1970 or later new gasoline-powered motor i^'^'o [""
vehicle having a gross weight of 6,000 pounds or less, vehicles

as rated by the manufacturer, and having an engine
displacement of fifty cubic inches or greater sliall
not contain more than six grams of hydrocarbons
per mile of driving.

8. The exhaust emissions from new diesel-powered^^'^l^g^
motor vehicles shall not contain such quantity' of
hydrocarbons, carbon monoxide or oxides of nitrogen

as is prescribed by the I.ieutenant (lOvernor m
Council by regulation.

3.— (1) The Lieutenant Governor in Council may make '^^^""'"°"'
regulations,

(a) prescribing the content of exhaust emissions in new
diesel -powered motor vehicles;

(6) prescribing tests for determining whether systems
or devices are sufficient for the purposes of this Act.

(2) The Minister may approve any testing method or •^pp''o^'ai
procedure proposed to be used to determine the effectiveness
of a system or device to be incorp)orated in motor vehicles

on their manufacture and the use of the approved testing
methods and procedures shall be deemed to be sufficient
testing for the purposes of this Act.

Offence 4^ Every person who contravenes any provision of this

Act is guilty of an offence and on summary conviction is
liable to a fine of not more than S500.

menV"*"'^* 5. This Act comes into force on the day it receives Royal
Assent.

Short title

6. This Act may be cited as The Air Pollution by Motor
Vehicles Act, 1968-69.

K
C

r
S.

l\>

<T>

h,^

3
a-

?x,

Pi-

<ri.

i-t

«*.

IK,

»«

1— k
o

»0

i=s

5*5

i-*^ 2*

o g.

0 't

K-^

BILL 27

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to Control Automobile Racing

Mr. Shulman

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Note

Self-explanatory.

BILL 27 1968-69

An Act to Control Automobile Racing

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. The closing of any public road, permanently or tern- piylc^roads
porarily, for the purpose of automobile racing is forbidden ''°'"'''''<*®"
except where specifically authorized by the Legislative
Assembly of Ontario.

2. This Act comes into force on the day it receives Roval commence-
Assent.

3. This Act may be cited as The Automobile Racing Control short title
Act, 1968-69.

C/)

a
c
r

>
2:

n
n
n

I. ^

»9

ft.

B
3

73
n
5'

BILL 28

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Pounds Act

Mr. Deacon

TORONTO

Printed and Published by Frank Fogc;, Queen's Printer

Explanatory Note

The amendments provide for the licensing and regulation of municipal
pounds.

BILL 28 1968-69

An Act to amend The Pounds Act

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. The Pounds Act is amended by adding thereto the ^fa? ' ^^*'°'

following sections: amended

20a. — (1) No person shall operate a municipal pound for ^eg'y^r^g
domestic animals without a poundkeeper's licence""^""®
issued by the Live Stock Commissioner.

(2) Upon application therefor and, issue of

licence

(o) with the consent of the council of the muni-
cipality in which the pound is to be operated;

{b) upon being satisfied that this Act is being
complied with; and

the Live Stock Commissioner shall issue the licence.

(3) Every licence is subject to the conditions that the Co'iditions
,. ■' of licence
licensee,

(a) maintains the security required by the regu-
lations;

(6) is in possession of premises that have at least
one building for the impounding of animals
for the purpxjse of this Act;

(c) provides in every building in which animals
are kept facilities for the housing of each
animal in a separate unit of sufficient size
to allow the animal to stand and lie down in
comfort;

Over-
crowding

Veterinar-
ians and
Inspectors

Inspection

Cleaning

Records

Inspection

(d) provides an adequate water supply in each
separate unit; and

(e) complies with this Act and the regulations
and any other condition that is imposed by
the regulations.

206. No poundkeeper shall keep animals in greater
numbers than may be kept, fed, watered and other-
wise cared for on the premises without danger to
their health or risk of injury.

20c. — (1) The Lieutenant Governor in Council may ap-
point such veterinarians and inspectors as are
required for the purposes of this Act.

(2) No licence shall be issued or renewed until a veterin-
arian appointed under subsection 1 has inspected the
premises at which the animals are to be impounded,
and has issued a certificate of approval.

20d. Every poundkeeper shall, at intervals of not more
than twenty-four hours, clean and disinfect the
premises in such manner as the regulations prescribe.

20e. Every poundkeeper shall keep for at least twelve
months after impounding each animal, a record
showing,

(a) the name and address of the owner of the
animal where known;

(6) the date of arrival of the animal at his
premises and the date of its departure or
destruction ;

(d) the sale price of the animal, where applicable;
and

(e) the name and address of the purchaser of the
animal, where applicable.

20/. — (1) The Live Stock Commissioner or an inspector
or a veterinarian appointed under section 20c may
enter any pound for the purpose of enforcing this
Act.

Idem

(2) No person shall obstruct the Live Stock Commis-
sioner or an inspector or a veterinarian in the per-

formance of his duties or furnish him with false
information or refuse to permit the inspection of any
animal.

(3) Every person shall, when required by the Live Stock ®™
Commissioner or an inspector, produce any books,
records or other documents relating to any animal
impounded, destroyed or sold on the premises of the
poundkeeper.

20g. Every person who contravenes any of the provisions *"" ^
of section 20a, 206, 20d, 20e, 20/ or any regulation
made under section 20h is guilty of an offence and
on summary conviction is liable for a first offence
to a fine of not more than $100 and for a second or
subsequent offence, to a fine of not more than $500.

20h. The Lieutenant Governor in Council may make Regulations
regulations,

(a) providing for the issue, renewal, refusal to
grant or renew, suspension and revocation of
licences and prescribing additional conditions
of licences ;

(b) prescribing the fee payable for a licence and
for the renewal thereof;

(d) respecting the conditions under which animals
shall be kept or impounded;

(«) prescribing the manner in which premises
shall be cleaned and disinfected;

(/) prescribing forms and providing for their use;

(g) respecting any matter necessary or advisable
to carry out effectively the intent and purpose
of this Act.

2. This Act comes into force on the day it receives Royal Sent'"^"°*
Assent.

3. This Act may be cited as The Pounds Amendment Act, ^'*°'"' "*'*
1968-69.

n
o

t\>

»«.«

S3.

a.
1'

BILL 29

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act respecting Impaired Drivers

Mr. Shulman

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Note

This Bill contains the principles of a Bill passed by the Assembly and
Senate of the State of California in 1966.

BILL 29 1968-69

An Act respecting Impaired Drivers

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, J^",'«fP"-

(a) "Board" means the Licence Suspension Appeal Rs.o. i960,
Board under The Highway Traffic Act;

(b) "Registrar" means the Registrar of Motor Vehicles
under The Highway Traffic Act.

2. — (1) Any person under arrest for any offence against tisf^eeraed
any law in force in Ontario that was allegedly committed j,°Jjfg?.g„
while he was driving a motor vehicle upon a highway while
under the influence of intoxicating liquor shall be deemed
to have given his consent to a chemical test of his blood,
breath or urine for the purpose of determining the alcoholic
content of his blood.

(2) The test shall be administered at the direction of the, ^{ration
arresting officer if he has reasonable cause to believe that "^ '®^*
the person was driving a motor vehicle upon a highway while
under the influence of intoxicating liquor.

(3) The arresting officer shall tell the person that his ^^'""'""«
failure to submit to the test will result in the suspension

of his operator's licence or his chauflfeur's licence, as the
case may be, for a period of six months.

(4) The arresting officer shall tell the person that he haSo/^tes^
a choice as to whether the test will be of his blood, breath or
urine.

(5) Where the person has died or is unconscious or other- gubss.^s, 4
wise is in a condition that renders him incapable of refusing J)®^p{|°^''*
to submit to the test, he shall be deemed not to have with- with
drawn his consent and the test may be administered whether

or not subsections 3 and 4 have been complied with.

refifsin^g'^'"^ ^' — (^^ ^^ ^ pcrson referred to in section 2 refuses the
test arresting officer's request to submit to a test under this

Act, the Registrar, upon receipt of the officer's sworn state-
ment that he had reasonable cause to believe,

(o) that the person had been driving a motor vehicle
upon a highway while under the influence of intox-
icating liquor; and

(b) that the person had refused to submit to a test
under this Act after being requested so to do by the
officer,

shall suspend the person's operator's licence or chauffeur's
licence, as the case may be, for a period of six months.

suspension (^^ ^° such suspension becomes effective until ten days

to take after the giving of the notice of suspension provided for in

©n©ct ^ ,

subsection 3.

suspensfo^n i^) ^ he Registrar shall immediately notify in writing the

person whose licence has been suspended of the action taken.

Appeal

Scope of
appeal

(4) Every person who feels himself aggrieved by the sus-
pension of his licence under this Act may appeal to the Board.

(5) On an appeal under this Act the Board shall receive
all evidence submitted by or on behalf of the person aggrieved
and the arresting officer that it considers relevant to the
issue of whether the suspension of the licence was projier
having regard to this Act and all the circumstances of the
case.

Procedure ^ (^) *-^" '^" appeal under this Act the provisions of The High-
c. 172' ' way Traffic Act and the regulations thereunder respecting
appeals to the Board, except as varied by this Act, apply,
including the further right of appeal to a judge of the county
or district court of the county or district in which the person
whose licence was suspended resides.

Request
for test

4. Any person under arrest for any offence against any
law in force in Ontario that was allegedly committed while
he was driving a motor vehicle on a highway while under the
influence of intoxicating liquor may request the arresting
officer to have a chemical test made of the arrested person's
blood, breath or urine for the purp»ose of determining the
alcoholic content of the arrested person's blood, and, if so
requested, the arresting officer shall direct the test to be made.

Additional 5^ — ^j) Where a test under this Act is administered at
the direction of the arresting officer, the person tested may,
in addition to such test and at his own exjDense, have a

chemical test of his blood, breath or urine administered by
a person of his own choosing for the purpose of determining,
independently of the first test, the alcoholic content of his
blood .

(2) The failure or inability to obtain an additional test j^'^^'^^'i^
under this section does not affect the admissibility in evidence affected
of the test administered at the direction of the arresting
officer.

6. — (1) Only a duly qualified medical practitioner or a ^^jj'^^j^^
registered nurse may withdraw blood from a person for a '^'ood
test under this Act.

(2) No duly qualified medical practitioner or registered nabtuty""
nurse shall incur any civil or criminal liability as a result of
the proper withdrawal of blood from a person for a test under
this Act if the withdrawal was requested in writing by the
arresting officer.

7. Where a test under this Act is of urine, the person ^'"'^^'^y
tested shall be afforded such privacy in the taking of the
specimen of urine as will ensure the accuracy of the test and

the dignity of the person tested.

8. Utxjn the request of a person tested under this Act, Test

f ,, . r . . , ... , , 'information

lull mtormation concernmg the test admmistered at the to be made
direction of the arresting officer shall be made available to
the person or his representative.

9. Any person, Kxemptions

(a) who is afflicted with hemophilia; or

(b) who is afflicted with a heart condition and is using
an anticoagulant under the direction of a duly
qualified medical practitioner,

is exempt from a test of his blood under this Act.

10. This Act may be cited as The Blood-Alcohol Test Act,^^"''^ ''"^
1968-69.

a
r

»9

8
»«

BILL 30

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Highway Traffic Act

Mr. Young

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Note

The purpose of the Bill is to provide a system for inspecting motor
vehicles for mechanical safety and for enforcing safety standards.

BILL 30 1968-69

An Act to amend The Highway Traffic Act

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. The Highway Traffic Act is amended by adding thereto ^•^^^- ^^^''^
the following section : amended

49a. — (1) No person shall operate a motor vehicle, other safety

than a public vehicle or public commercial vehicle, '"*'*®°"°"^
on the highway unless, within the preceding six-
month period, it has been inspected by an inspector
and certified by him in accordance with this section
as free from mechanical, structural or other defect
that would render the vehicle unsafe for use on the
highway.

(2) The Lieutenant Governor in Council may appoint ^"^p®''*°"
mechanics holding subsisting certificates of quali-
fication under The Apprenticeship and Tradesmen's i964. c. a
Qualification Act, 1964, as inspectors for the purposes
of this section.

(3) The certificate of an inspector under subsection 1 certificates
shall be endorsed on the motor vehicle permit for the
vehicle.

(4) A motor vehicle permit shall not be issued in respect Renewal

r 1 • 1 r 1 • I • 1 1 of permits

of a motor vehicle for which a permit has been
previously issued unless a certificate has been given
under this section within six months before the new
p)ermit is issued.

(5) The Lieutenant Governor in Council may make regu- J^/gP®''"""
lations requiring the payment of inspection fees and
prescribing the amounts thereof.

Offence

(6) Every person who ojDerates a motor vehicle on the
highway in contravention of subsection 1 and every
owner of a motor vehicle who permits the vehicle to
be so operated is guilty of an offence and is liable to
a fine of not more than $500.

Commence- 2. This Act comes into force on the 1st day of March, 1970.

ment
Short title

3. This Act may be cited as The Highway Traffic Amend-
ment Act, 1968-69.

r»

»«

ona

1-^

OS
00

BILL 31

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Ontario Society for the Prevention
of Cruelty to Animals Act, 1955

Mr. Shulman

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Note

The amendment delegates to the S.P.C.A. the licensing and regulating
of dog kennels.

BILL 31 1968-69

An Act to amend The Ontario Society for the
Prevention of Cruelty to Animals Act, 1955

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Section 7 of The Ontario Society for the Prevention ''/''*5|-
Cruelty to Animals Act, 1955 is amended by adding thereto amended '
the following subsections:

(la) Without restricting the generality of subsection 1 > '.^/'^"^^^fg"
the Society may pass by-laws,

(a) requiring and providing for the licensing of
kennels and prescribing the terms and con-
ditions of licences;

{b) prescribing the standards for the accommo-
dation, facilities and operation of kennels
including the care of dogs therein:

(4) In this section, "kennel" means any premises where tieflned
dogs are kept for the purposes of Ixiarding, breeding
or sale for gain.

2. This Act comes into force on the day it receives Royal Sent"^*°°^
Assent.

3. This Act may be cited as The Ontario Society for the ^''ort title
Prevention of Cruelty to Animals Amendment Act, 196H-69.

3->

o =

-o>

1 o

rt rr

0 a

3 rt

<->j

t\j

t«,^

0 5

- OH

^O -! 3-

e On
uelty
55

0T>

tra

BILL 32

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Employment Standards Act, 1968

Mr. Davison

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Note

The Bill increases the basic rate for minimum wages from $1.30 an
hour to $2.25 an hour.

BILL 32 1968-69

An Act to amend
The Employment Standards Act, 1968

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. Part IV of The Employment Standards Act, 1968 is 1968.^0.35
amended by re-numbering section 15 as 15o and by adding amended
thereto the following section :

15. — (1) Subject to subsection 5, every employer shall ^Lg'i""'"
pay to each of his employees wages at a rate of not
less than $2.25 an hour.

(2) Where an employee receives meals or living accom- Meals and
modation, or both, as part of his wages, the amount aooommo-
of the wages referable to the meals or living accom-
modation shall not exceed,

(a) in the case of living accommodation, $5 a
week;

{b) in the case of meals, 60 cents each but not
more than a total of $12 a week; and

(3) No amount shall be computed in respect of a meal or '**"'"
living accommodation for the purpose of determining

the wage paid unless the meal was actually received
or the living accommodation was actually occupied
by the employee.

(4) In determining the wage paid, no amount shall be°'^^^^
computed in respect of the supplying, use or launder-
ing by the employer of uniforms, aprons, caps or
other apparel.

Application
of section

(5) This section does not apply to any class or classes
of employees designated for the purpose by the
regulations.

0^11', 8. 29, 2. Clause a of subsection 1 of section 29 of The Employ-
re-enac'ted °' '"^"' Standards Act, 1968 is repealed and the following sub-
stituted therefor:

(a) designating classes of employees to which section IS
does not apply and establishing minimum rates of
wages of such classes.

Short title

3. This Act may be cited as The Employment Standards
Amendment Act, 1968-69.

C^
00

D
>
<

I.
>3

r ::

=r a

m
3

•o

°>

3 -

f» >

rt- O

3 t

a. z

» f.

■^ r

BILL 33

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Highway Traffic Act

Mr. Shulman

TORONTO

Printed and Published by Frank Fogg, Queen's Printer

Explanatory Note

The purpose of the Bill is to establish three classes of chauflfeur's
licences related to the size and complexity of operation of the motor vehicle
being driven. Provision is made for chauffeurs' learners' permits, and
tests designed to reveal an applicant's driving ability are to be devised
and administered. Existing chauffeurs' licences will expire when the Act
comes into force, and exchanges of such licences for the ones of the new
classes will be in accordance with terms and conditions to be prescribed.

BILL 33 1968-69

An Act to amend The Highway Traffic 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 16 of The Highway Traffic ff^o.iseo.
Act is repealed and the following substituted therefor: subs, i,

re-enacted

(1) No person shall operate or drive a motor vehicle on Jf^'^^'J.J®"'"'*
a highway as a chauffeur unless he is the holder of
a class of chauffeur's licence entitling him to drive
such vehicle, and no person shall employ anyone to
drive a motor vehicle who is not the holder of a class
of chauffeur's licence entitling him to drive such
vehicle.

(2) Subsection 3 of the said section 16 is repealed and the ^li?,' i.*i6.'

subs. 3.
re-enacted

following substituted therefor: '"'*• ^•

(3) Chauffeurs' licences shall be of three classes as ^ct?^* °^
follows:

1. Class 1 — Entitling the holder thereof to drive as

a chauffeur a private motor vehicle,
taxicab, bus, truck-trailer combination,
tractor -trailer combination or any truck.

2. Class 2 — Entitling the holder thereof to drive as

a chauffeur a private motor vehicle,
taxicab, bus or any truck.

3. Class 3 — Entitling the holder thereof to drive as

a chauffeur a private motor vehicle,
taxicab or any truck.

(3) The said section 16, as amended by section 1 of JTAcRS-O. i96,
Highway Traffic Amendment Act, 1960-61 and section 6 of T/tcamendedie
High way Traffic Act Amendment Act, 1968, is further amended
by adding thereto the following subsections :

When
deemed
driving
without a
licence

(4) Where the holder of any class of chauflfeur's licence
drives or operates a motor vehicle on the highway
other than of the type permitted by his class of
licence, he shall be deemed to be driving or operating
the motor vehicle without a licence.

ChaufTeurs'

learners'

permits

(S) Notwithstanding the provisions of subsection 1, any
person who desires to qualify for a chauffeur's
licence of any of the classes prescribed by subsection
3, may drive or operate a motor vehicle as a chauffeur
for a period of six months from the date of issuance
to him of a chauffeur's learner's permit, in accor-
dance with the terms of such permit.

Learners
to drive
under
supervision

(6) The holder of a chauffeur's learner's permit shall not
drive a motor vehicle as a chauffeur except under the
immediate supervision and control of a chauffeur
who holds a licence of the class permitting him to
drive such vehicle, and where the holder of a chauf-
feur's learner's permit drives a motor vehicle in
contravention of this subsection he shall be deemed
to be driving or operating the motor vehicle without
a licence.

Exchange of
subsisting
chauffeurs'
licences

(7) The holder of a chauffeur's licence or an operator's
licence issued prior to the day this Act comes into
force may exchange such licence for a chauffeur's
licence of any one of the classes prescribed by sub-
section 3 on such terms and conditions as the
Lieutenant Governor in Council may prescribe.

Tests for
licence

(7a) The Minister shall devise, revise from time to time
as appropriate, and administer tests for persons
applying for chauffeurs' learners' permits and each
of the several classes of chauffeurs' licences prescribed
by subsection 3.

Evidence
of driving
ability

(7b) The tests mentioned in subsection 7a shall be de-
signed to furnish the Minister with evidence as to
the ability of an applicant to drive safely the class or
classes of motor vehicle involved.

Terms of
licence

(7c) Subject to satisfactory performance on the tests
mentioned in subsection 7a, chauffeurs' learners' per-
mits and chauffeurs' licences of any of the classes
prescribed by subsection 3 may be issued by the
Minister to such persons for such time and upon
such terms and subject to such regulations and
restrictions as the Lieutenant Governor in Council
may prescribe.

(7d) Notwithstanding the date of expiry appearing on any f^^jP^^jO^
chauffeur's licence issued prior to the day this Actj^hauffeurs'
comes into force, all such chauffeurs' licences expire
on the day this Act comes into force.

2. This Act comes into force on a day to be named by the Sont'"^"''®'
Lieutenant Governor by his proclamation.

3. This Act may be cited as The Highway Traffic Amend- fihort title
ment Act, 1968-69.

re
3

1««

«*

£:

2
a

«
X

BILL 34

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Consumer Protection Act, 1966

Mr. Paterson

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Note

The amendment requires the publication of the names and addresses
of contest winners.

BILL 34 1968-69

An Act to amend
The Consumer Protection Act, 1966

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. The Consumer Protection Act, 1966 is amended by adding amended^^'
thereto the following section:

31a. — (1) Any person who invites the public to enter a Contests
contest or competition for which any prize, reward
or advantage is offered shall, as soon as is practicable
after the completion of the contest, publish or
broadcast the name and address of each person who
received any such prize, reward or advantage.

(2) The publication or broadcast required by subsection of'^inners"
1 shall be made,

(a) in the same medium and to the same terri-
torial extent as that in which the invitation
was extended; or

{b) by publication in one or more newspapers
having general circulation in all parts of the
area in which the invitation was extended.

(3) Any person who contravenes this section is guilty Penalty
of an offence and upon summary conviction is liable

to a fine not exceeding $1,000 or, where the person
is a corporation, to a fine not exceeding $10,000.

2. This Act comes into force on the day it receives Royal ^enl'"*"'^^
Assent.

3. This Act may be cited as The Consumer Protection short title
Amendment Act, 1968-69.

13
>
H
W
JO
c/i
O
Z

I I Si

0"a

OX)

«4.

:r a

n
So

>
n

BILL 35

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Highway Traffic Act

Mr. Shulman

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Note

The Bill makes it an offence for the driver of a motor vehicle to fail
to stop when given a clear signal to do so by a uniformed constable or
police officer driving a plainly marked police vehicle.

BILL 35 1968-69

An Act to amend The Highway Traffic Act

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. The Highway Traffic Act is amended by adding thereto ^-^^^^ ^^6°'

the following section : amended

156a. — (1) Every driver of a motor vehicle when given by d^rWer^when
means of hand, voice, siren or emergency light an^^^naiied
audible or visual signal to stop by a constable or by omcer
officer in a police vehicle, shall bring his vehicle to a
stop and shall not otherwise flee or attempt to elude
the police vehicle provided,

(a) the police vehicle is plainly marked as such;
and

(b) the constable or officer is in uniform with his
badge of office prominently displayed thereon.

(2) Every person who contravenes the provisions of Penalty
subsection 1 is liable to a fine of not less than $100
and not more than $500, or to imprisonment for a
term of not less than thirty days and not more than
six months, or to both such fine and imprisonment.

2. This Act comes into force on the day it receives Royal ment"'^"''^
Assent.

3. This Act may be cited as The Highway Traffic Amend- s\ioTt title
meni Act, 1968-69.

c
r
S
>

•2.

t\J

g
a.

ft.

- g
ST a

»-*

>
n

BILL 36

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

The Mechanics' Lien Act, 1968-69

Mr. Wishart

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Notes

Genekal. In 1965 the Ontario Law Reform Commission undertook
an extensive study of the law in Ontario on mechanics' liens.

A report dated February 22, 1966, was made by the Commission

to the Attorney General containing its recommendations for up-dating
The Mechanics' Lien Act.

Bill 190, based upon the report, was introduced and given first reading
at the 1966 Session. This gave the proposed legislation wide distribution
in convenient form for study by interested persons and organizations.

The Commission then held public hearings and considered many
submissions which resulted in a supplementary report dated May 26, 1967.

The recommendations of the Commission contained in the supple-
mentary report have been incorporated in this Bill. There is, however,
one major exception. This Bill does not transfer jurisdiction in mechanics'
lien actions from the Supreme Court to the county and district courts as
recommended by the Commission in both of its reports. It is thought
advisable to leave this matter in abeyance pending the conclusion of the
general review of the jurisdictions of the several court systems in Ontario
now going on as a result of the recommendations of the McRuer Report.

This Bill also contains a number of editorial and other changes,
designed to clarify the intent, that have resulted from the study of Bill 190.

In the following notes the supplementary report of the Commission
is referred to as O.L.R.C. Supp. Rep.

BILL 36 1968-69

The Mechanics' Lien Act, 1968-69

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

l.-(l) In this Act, l^itoT

(a) "completion of the contract" means substantial per-
formance, not necessarily total performance, of the
contract ;

(b) "contractor" means a person contracting with or
employed directly by the owner or his agent for the
doing of work or the placing or furnishing of materials
for any of the purposes mentioned in this Act;

(d) "owner" includes any person and corporation, includ-
ing a municipal corporation and a railway company,
having any estate or interest in the land upon which
or in respect of which work is done or materials are
placed or furnished, at whose request, and

(i) upon whose credit, or

(ii) on whose behalf, or

(iii) with whose privity or consent, or

(iv) for whose direct benefit,

work is done or materials are placed or furnished and
all persons claiming under him or it whose rights
are acquired after the work in respect of which the
lien is claimed is commenced or the materials placed
or furnished have been commenced to be placed or
furnished ;

(e) "registrar" includes a master of titles;

(/) "registry office" includes a land titles office;
36

(g) "subcontractor" means a person not contracting with
or employed directly by the owner or his agent for
any of the purposes mentioned in this Act, but con-
tracting with or employed by a contractor or, under
him, by another subcontractor;

(h) "wages" means the money earned by a workman for
work done by time or as piece work, and includes all
monetary supplementary benefits, whether statutory
or contractual;

(i) "workman" means a person employed for wages in
any kind of labour, whether employed under a
contract of service or not. R.S.O. 1960, c. 233, s. 1,
amended.

Includes (^) ^" ^^^^ ^^^' ^^^ expression "the doing of work" in-

service eludes the performance of a service, and corresponding expres-

sions have corresponding meanings.

performance (^) ^^^ ^^^ purposes of this Act, a contract shall be deemed
to be substantially performed,

(o) when the work or a substantial part thereof is
ready for use or is being used for the purpose in-
tended ; and

(b) when the work to be done under the contract is
capable of completion or correction at a cost of not
more than,

(i) 3 per cent of the first $250,000 of the contract
price,

(ii) 2 per cent of the next $250,000 of the contract
price, and

(iii) 1 per cent of the balance of the contract price,

and in the event that the work cannot be completed expedi-
tiously for reasons beyond the control of the contractor, the
value of the work shall be deducted from the contract price
for the purpose of determining substantial performance. New.

GENERAL

Exception 2. Xotliing in this Act extends to any public street or

Ol Str©6t8 -11

or highways highway, or to any work or improvement done or caused to
be done by a mrunicipal corporation thereon, except that the

Section 1 — Subsection 3. This provision is new. It is designed to
complement the definition of "completion of the contract" and thus speed
up the release of "holdback" moneys.

Section 2. The intent of the original recommendation of the
Ontario Law Reform Commission is clarified. The "holdback" provisions
are not intended to apply where the work is being done by a municipality
or its contractor. See O.L.R.C. Supp. Rep., pp. 4, 5.

SiiCTlON 3 — Subsection 3. The purpose of this new subsection is to
extend the trust concept so that not only the sums received under sub-
section 1 by the builder, contractor or subcontractor would constitute
trust funds but also the sums certified as owing because the latter sums
represent the value of work already done by the contractor and sub-
contractors.

provisions of section 11 as to the retention and payment of
percentages by the owner apply mutatis mutandis to any
such work or improvement that is done or made by a person
other than a municipal corporation or its contractor. R.S.O.
1960, c. 233, s. 2, amended.

3. — (1) All sums received by a builder, contractor or sub-^"""^' ''""'J''
contractor on account of the contract price constitute a trust
fund in his hands for the benefit of the owner, builder, con-
tractor, subcontractor, Workmen's Compensation Board,
workmen, and persons who have supplied materials on account
of the contract or who have rented equipment to be used on
the contract site, and the builder, contractor or subcontractor,
as the case may be, is the trustee of all such sums so received
by him and he shall not appropriate or convert any part
thereof to his own use or to any use not authorized by the
trust until all workmen and all persons who have supplied
materials on the contract or who have rented equipment
to be used on the contract site and all subcontractors are paid
for work done or materials supplied on the contract and the
Workmen's Compensation Board is paid any assessment with
respect thereto. R.S.O. 1960, c. 233, s. 3 (1), amended.

(2) Notwithstanding subsection 1, where a builder, con- Exception
tractor or subcontractor has paid in whole or in part for any
materials supplied on account of the contract or for any rented
equipment or has paid any workman who has performed any

work or any subcontractor who has placed or furnished any
materials in respect of the contract, the retention by such
builder, contractor or subcontractor of a sum equal to the sum
so paid by him shall be deemed not to be an appropriation or
conversion thereof to his own use or to any use not authorized
by the trust. R.S.O. 1960, c. 233, s. 3 (3), amended.

(3) Where sums become payable under a contract to afu'"n^g
contractor by an owner on the certificate of a person autho-
rized under the contract to make such a certificate, all sums

so certified shall, until paid to the contractor, constitute a
trust fund in the hands of the owner for the benefit of the
contractor, subcontractor. Workmen's Compensation Board,
workmen, and persons who have supplied materials on account
of the contract or who have rented equipment to be used on
the contract site, and the owner is the trustee of all such sums
so certified and he shall not appropriate or convert any part
thereof to his own use or to any use not authorized by the
trust until all workmen and all persons who have supplied
materials on the contract or who have rented equipment to be
used on the contract site and all contractors and subcon-
tractors are paid for work done or materials supplied on the
contract and the Workmen's Compensation Board is paid any
assessment with respect thereto.

morrgage°" ^^^ ^" sums received by an owner, other than a munici-
etc a trust pality as defined in The Department of Municipal Affairs Act,
R.s.o. I960, which are to be used in the financing, including the purchase
"• ^* price of the land and the payment of prior encumbrances, of a

building, structure or work, constitute, subject to the payment
of the purchase price of the land and prior encumbrances, a
trust fund in the hands of the owner for the benefit of the per-
sons mentioned in subsection 1, and, until the claims of all
such persons have been paid, the owner shall not appropriate
or convert any part thereof to his own use or to any use not
authorized by the trust.

Exception (5) Notwithstanding subsection 4, where an owner has

himself paid in whole or in part for any work done, for any
materials placed or furnished or for any rented equipment,
the retention by him from any moneys received from the
lender under subsection 4 of a sum equal to the sum so paid
by him shall be deemed not to be an appropriation or conver-
sion thereof to his own use or to any use not authorized by the
trust.

Protection
for money
lenders

(6) Notwithstanding anything in this section, where money
is lent to a person upon whom a trust is imposed by this section
and is used by him to pay in whole or in part a lien claimant,
the trustee may use trust moneys to discharge the loan to the
extent that the lender's money was used to pay the lien
claimant, and any sum so paid to the lender shall be deemed
not to be an appropriation or conversion to the trustee's own
use or to any use not authorized by the trust. New.

OfTence and
penalty

(7) Every person upon whom a trust is imposed by this
section who knowingly appropriates or converts any part of
any trust moneys referred to in subsection 1, 3 or 4 to his own
use or to any use not authorized by the trust is guilty of an
offence and on summary conviction is liable to a fine of not
more than §5,000 or to imprisonment for a term of not more
than two years, or to both, and every director or officer of a cor-
poration who knowingly assents to or acquiesces in any such
offence by the corporation is guilty of such offence, in addition
to the corporation, and on summary conviction is liable to a
fine of not more than $5,000 or to imprisonment for a term of
not more than two years, or to both. R.S.O. 1960, c. 233,
s. 3 (2), amended.

w'^ivfn"*"** "*' — ^'•' Every agreement, oral or written, express or
application implied, on the part of any workman that this Act does not
are void apply to him or that the remedies provided by it are not
available for his benefit is void.

Subsection 4. Municipiil financing is expressly excluded from the
scope of the provision and its intent is clarified as recommended in O.L.R.C.
Supp. Rep., pp. 6, 7.

Subsection 5. This extension of the "trustee provisions" is new.
is recommended in O.L.R.C. .Supp. liep., pp. 5-7.

Subsection 6. Thi.> subsection is changed in order to bring it into
line with the original recommendation of the Ontario Law Reform Com-
mission. This is discussed in O.L.R.C. .Supp. Rep., p. 7.

Section 4 — Subsection 2, clause b. In its original report the Ontario
I^w Reform Commission recommended "$2S a day" which is the sum
that appeared in Bill 190.

As a result of further submissions and consideration, the Commission
recommends $35 a day. See O.L.R.C. Supp. Rep., p. 7.

Section 5 — Subsection 4. The intent of the original recommen-
dation of the Ontario Law Reform Commission is clarified. It is intended
that the lien for rented equipment is for an amount that is reasonable and
justly due in the particular circumstances. .See O.I-.R.C. Supp. Rep., p. 8.

(2) Subsection 1 does not apply, Exception

(a) to a manager, officer or foreman ; or

(b) to any person whose wages are more than $35 a day.

(3) No agreement deprives any person otherwise entitled uura'party
to a lien under this Act, who is not a party to the agreement, "^fvinlTien'
of the benefit of the lien, but it attaches, notwithstanding

such agreement. R.S.O. 1960, c. 233, s. 4, amended.

CREATION OF LIENS

6. — (1) Unless he signs an express agreement to the con-JilhtToa
trary and in that case subject to section 4, any person who''®"
does any work upon or in respect of, or places or furnishes any
materials to be used in, the making, constructing, erecting,
fitting, altering, improving or repairing of any land, building,
structure or works or the appurtenances to any of them for any
owner, contractor or subcontractor by virtue thereof has a
lien for the price of the work or materials upon the estate or
interest of the owner in the land, building, structure or works
and appurtenances and the land occupied thereby or enjoyed
therewith, or upon or in respect of which the work is done, or
upon which the materials are placed or furnished to be used,
limited, however, in amount to the sum justly due to the
person entitled to the lien and to the sum justly owing, except
as herein provided, by the owner, and the placing or furnishing
of the materials to be used upon the land or such other place
in the immediate vicinity of the land designated by the owner
or his agent is good and sufficient delivery for the purpose of
this Act, but delivery on the designated land does not make
such land subject to a lien.

(2) The lien given by subsection 1 attaches as therein set attaches
out where the materials delivered to be used are incorporated materials
into the land, building, structure or works, notwithstanding Incorporated
that the materials may not have been delivered in strict building
accordance with subsection 1.

(3) In subsection 1, "agent" includes the contractor or sub- Jatio"!?"'
contractor for whom the materials are placed or furnished,
unless the person placing or furnishing the materials has had
actual notice from the owner to the contrary. R.S.O. 1960,

c. 233, s. 5, amended.

(4) A person who rents equipment to an owner, contractor J^'n^gJ"^
or subcontractor for use on a contract site shall be deemed equipment
for the purposes of this Act to have performed a service for

which he has a lien for the price of the rental of the equipment

used on the contract site, limited, however in amount to the
sum justly owed and due to the person entitled to the lien
from the owner, contractor or subcontractor in respect of the
rental of the equipment. New.

When
husband's
interest
liable for
work done
or materials
furnished
on land of
spouse

6. Where work is done or materials are placed or furnished
to be used upon or in respect of the land of a married woman, or
in which she has an interest or an inchoate right of dower, with
the privity or consent of her husband, he shall be presumed
conclusively to be acting as her agent as well as for himself for
the purposes of this Act unless before doing the work or
placing or furnishing the materials the person doing the work
or placing or furnishing the materials has had actual notice to
the contrary. R.S.O. 1960, c. 233, s. 6, amended.

Where estate
charged is
leasehold

7. — (1) Where the estate or mterest upon which the lien
attaches is leasehold, the fee simple is also subject to the lien
if the person doing the work or placing or furnishing the
materials gives notice in wiiting, by personal service, to the
owner in fee simple or his agent of the work to be done or
materials to be placed or furnished unless the owner in fee
simple or his agent within fifteen days thereafter gives notice in
writing, by personal service, to such person that he will not
be responsible therefor.

Forfeiture
or cancella-
tion of
lease, effect
of on lien-
holder

(2) No forfeiture or attempted forfeiture of the lease on
the part of the landlord, or cancellation or attempted cancel-
lation of the lease except for non-payment of rent, deprives
any person otherwise entitled to a lien of the benefit of the
lien, but the person entitled to the lien may pay any rent
accruing after he becomes so entitled, and the amount so paid
may be added to his claim.

Prior
tnortgages

(3) Where the land and premises upon or in respect of which
any work is done or materials are placed or furnished are
encumbered by a mortgage or other charge that was registered
in the proper registry office before any lien under this Act
arose, the mortgage or other charge has priority over all liens
under this Act to the extent of the actual value of the land
and premises at the time the first lien arose, such value to be
ascertained by the judge or officer having jurisdiction to try
an action under this Act.

When first (4) Jhc time at which the first lien arose shall be deemed to

lien arose '■'. ,.,,^ j n 1.

be the time at which the first work was done or the first

materials placed or furnished, irrespective of whether a claim

for lien in respect thereof is registered or enforced and whether

or not such lien is before the court. R.S.O. 1960, c. 233, s. 7

(1-4), amended:

Section 7 — Subsection 1. The intent is clarified. See O.L.R.C.
Supp. Rep., p. 8. Also, the notice period is increased from ten to fifteen
days.

(5) Any mortgage existing as a valid security, notwith-|'^^^™g^
standing that it is a prior mortgage within the meaning of
subsection 3, may also secure future advances, subject to
subsection 1 of section 14. R.S.O. 1960, c. 233, s. 7 (5).

(6) A registered agreement for the sale and purchase oi^^^^^^^^
land and any moneys bona fide secured or payable there- fo"" sale and
under has the same priority over a lien as is provided for a land has
mortgage and mortgage moneys in subsections 3 and S, and S'nfortgaite*^
for the purposes of this Act the seller shall be deemed to be

a mortgagee, and any moneys bona fide secured and payable
under such agreement shall be deemed to be mortgage moneys
bona fide secured or advanced. R.S.O. 1960, c. 233, s. 7 (6),
amended.

8. Where any of the property upon which a lien attaches ApjP'^oation
is wholly or partly destroyed by fire, any money received

by reason of any insurance thereon by an owner or prior
mortgagee or chargee shall take the place of the property so
destroyed and is, after satisfying any prior mortgage or charge
in the manner and to the extent set out in subsection 3 of
section 7, subject to the claims of all persons for liens to the
same extent as if the money had been realized by a sale of
the property in an action to enforce the lien. R.S.O. 1960,
c. 233, s. 8.

9. Save as herein otherwise provided, the lien does not Limit of

1 I , 1 • . 1 /■ 1 amount of

attach so as to make the owner liable for a greater sum than """b''""
the sum payable by the owner to the contractor. R.S.O. * ^
1960, c. 233, s. 9.

10. Save as herein otherwise provided, where the lien is .V'"" °''

1 • 1 1 111 1 "®° when

claimed by any person other than the contractor, the amount claimed by

that may be claimed in respect thereof is limited to the amount than con-
owing to the contractor or subcontractor or other person for
whom the work has been done or the materials were placed or
furnished. R.S.O. 1960, c. 233, s. 10, amended.

11. — (1) In all cases, the person primarily liable upon a Holdback
contract under or by virtue of which a lien may arise shall,
as the work is done or the materials are furnished under the
contract, retain for a period of thirty-seven days after the
completion or abandonment of the work done or to be done
under the contract 20 per cent of the value of the work and
materials actually done, placed or furnished, as mentioned in
section 5, irrespective of whether the contract or subcontract
provides for partial payments or payment on completion of
the work, and the value shall be calculated upon evidence
given in that regard on the basis of the contract price or, if
there is no specific contract price, on the basis of the actual
value of the work or materials. R.S.O. 1960, c. 233, s. 11 (1),
amended.

Idem,
where con-
tract price
exceeds
$35,000

Reduction
in amount
retained

Idem

Court order
in lieu of

rertificate

Effect or
lien on
amounts
retained

(2) Where the contract price or actual value exceeds
$35,000, 15 per cent instead of 20 per cent shall be retained.
R.S.O. 1960, c. 233, s. 11 (2), amended.

(3) Where a contract is under the supervision of an archi-
tect, engineer or other person upon whose certificate payments
are to be made and thirty-seven days have elapsed after a
certificate issued by that architect, engineer or other person
to the effect that the subcontract has been completed to his
satisfaction has been given to the person primarily liable upon
that contract and to the person who became a subcontractor
by a subcontract made directly under that contract, the
amount to be retained by the person primarily liable upon
that contract shall be reduced by 15 per cent or 20 per cent,
as the case may be, of the subcontract price or, if there is no
specific subcontract price, by 15 per cent or 20 per cent, as
the case may be, of the actual value of the work done or
materials placed or furnished under that subcontract, but this
subsection does not operate if and so long as any lien derived
under that subcontract is preserved by anything done under
this Act.

(4) Where a certificate issued by an architect, engineer
or other person to the effect that a subcontract by which a
subcontractor became a subcontractor has been completed to
the satisfaction of that architect, engineer or other person has
been given to that subcontractor, then for the purposes of
subsections 1, 2 and 3 of section 21 and section 23 that sub-
contract and any materials placed or furnished or to be
placed or furnished thereunder and any work done or to be
done thereunder shall, so far as concerns any lien thereunder
of that subcontractor, be deemed to have been completed or
placed or furnished not later than the time at which the certi-
ficate was so given. R.S.O. 1960, c. 233, s. 11 (3, 4), amended.

(5) Where an architect, engineer or other person neglects
or refuses to issue or deliver a certificate upon which payments
are to be made under a contract to which subsection 3 applies,
the judge or officer having jurisdiction to try an action under
this Act, upon application and upon being satisfied that the
certificate should have been issued and delivered, may make
an order, upon such terms and conditions as to costs and other-
wise as he deems just, that the contract has been completed,
and any such order has the same force and effect as if the
certificate had been issued and delivered by the architect,
engineer or other person. New.

(6) The lien is a charge upon the amount directed to be
retained by this section in favour of lien claimants whose liens
are derived under persons to whom the moneys so required
to be retained are respectively payable.

Section U — Subsection 2. The lien between 20 per cent and 15 per
cent is increased from $25,000 to $35,000.

Subsections 5 and 10. The intent is clarified. See O.L.R.C. Supp.
Rep., p. 8.

(7) All payments up to 80 per cent as fixed by subsection I ,nad?tn'*
or up to 85 per cent as fixed by subsection 2 and payments good faith

•1 11-1 • ri ■ -i t ^ without

permitted as a result of the operation ot subsections 3 and 4 notice of
made in good faith by an owner to a contractor, or by a con-
tractor to a subcontractor, or by one subcontractor to another
subcontractor, before notice in writing of the lien given by
the person claiming the lien to the owner, contractor or sub-
contractor, as the case may be, operate as a discharge pro lanto
of the lien.

(8) Payment of the percentage required to be retained Payment of
under this section may be validly made so as to discharge and

all liens or charges in respect thereof after the expiration ofonlens*^
the period of thirty-seven days mentioned in subsection 1
unless in the meantime proceedings have been commenced to
enforce any lien or charge against the percentage as provided
by sections 22 and 23, in which case the owner may pay the
percentage into court in the proceedings, and such payment
constitutes valid payment in discharge of the owner to the
amount thereof.

(9) Every contract shall be deemed to be amended in so far or "ontScts
as is necessary to be in conformitv with this section. R.S.O.

1960, c. 233, s. 11 (5-9).

(10) Where the contractor or subcontractor makes default ^1^^*^^
in completing his contract, the percentage required to be not '"be
retained shall not, as against any lien claimant who by virtue

of subsection 6 has a charge thereupon, be applied by the
owner, contractor or subcontractor to the completion of the
contract or for any other purpose nor to the payment of
damages for the non-completion of the contract by the con-
tractor or subcontractor nor in payment or satisfaction of
any claim against the contractor or subcontractor. R.S.O.
1960, c. 233, s. 11 (9), amended.

12. If an owner, contractor or subcontractor makes a J^^^'g ®"'*
payment to any person entitled to a lien under section 5 bv^o'^wiior
for or on account of any debt, justly due to him for work to persons
done or for materials placed or furnished to be used as therein uen
mentioned, for which he is not primarily liable, and within

three days afterwards gives written notice of the p;iyment
to the person primarily liable, or his agent, the payment shall
be deemed to be a payment on his contract generally to the
contractor or subcontractor orimarily liable but not so as to
affect the percentage to be retained by the owner as provided
by section 11. R.S.O. 1960, c. 233, s. 12 (1), amended.

13. Every subcontractor is entitled to enforce his lien not- ^'gj^» o*^
withstanding the non-completion or abandonment of the tractor
contract by any contractor or subcontractor under whom he
claims. R.S.O. 1960, c. 233, s. 12 (2).

Priority of
Hen

Priority

amrng

lienholdere

Mortgage
given to
person
entitled to
lien void ae
against lien-
holders

14. — (1) The lien has priority over all judgments, execu-
tions, assignments, attachments, garnishments and receiving
orders recovered, issued or made after the lien arises, and over
all payments or advances made on account of any conveyance
or mortgage after notice in writing of the lien has been given
to the person making such payments or after registration of a
claim for the lien as hereinafter provided, and, in the absence
of such notice in writing or the registration of a claim for lien,
all such payments or advances have priority over any such
lien. R.S.O. 1960, c. 233, s. 13 (1), amended.

(2) Except where it is otherwise provided by this Act,
no person entitled to a lien on any property or money is
entitled to any priority or preference over another person of
the same class entitled to a lien on such property or money,
and each class of lienholders ranks pari passu for their several
amounts, and the proceeds of any sale shall be distributed
among them pro rata according to their several classes and
rights.

(3) Any conveyance, mortgage or charge of or on land
given to any jjerson entitled to a lien thereon under this Act
in payment of or as security for any such claim, whether
given before or after such lien claim has arisen, shall, as
against other parties entitled to liens under this Act, on any
such land be deemed to be fraudulent and void. R.S.O. 1960,
c. 233, s. 13 (2, 3).

Priority ol
Hens for
wages

Enforcing
lien in
such oases

Calculating
percentage
when con-
tract not
fulfilled

PRIORITY OF WAGES

15.^ — (1) Every workman whose lien is for wages has
priority to the extent of thirty days wages over all other liens
derived through the same contractor or subcontractor to the
extent of and on the 20 per cent or 15 per cent, as the case may
be, directed to be retained by section 1 1 to which the contractor
or subcontractor through whom the lien is derived is entitled,
and all such workmen rank thereon pari passu.

(2) Every workman is entitled to enforce a lien in respject
of any contract or subcontract that has not been completed
and, notwithstanding anything to the contrary in this Act,
may serve a notice of motion on the proper persons, returnable
in four days after service thereof before the judge or officer
having jurisdiction to try an action under this Act, that the
applicant will on the return of the motion ask for judgment on
his claim for lien, registered particulars of which shall accom-
pany the notice of motion duly verified by affidavit.

(3) If the contract has not been completed when the lien
is claimed by a workman, the percentage shall be calculated
on the value of the work done or materials placed or furnished
by the contractor or subcontractor by whom the workman
is employed, having regard to the contract price, if any.

(4) Every device by an owner, contractor or subcontractor J'^^f^l^'^j^* ^^
to defeat the priority given to a workman for his wages priority of

, 1 r I r 1 r - • workmen

and every payment made tor the purpose oi defeatmg or im-
j)airing a lien are void. R.S.O. 1960, c. 233, s. 14, amended.

REGISTRATION

16. — (1) A claim for a lien may be registered in the i)ro|)er Res'stration
registry office and shall set out, for iien

(a) the name and an address for service of the person
claiming the lien and of the owner or of the person
whom the person claiming the lien, or his agent,
believes to be the owner of the land, and of the person
for whom the work was or is to be done, or the
materials were or are to be placed or furnished, and
the time within which the same was or was to be
done or placed or furnished;

(b) a short description of the work done or to be done,
or the materials placed or furnished or to be placed
or furnished;

id) a description of the land as required by The LandR.H.o. meo.
Titles Act or l^he Registry Act and the regulations
thereunder, as the case may be; and

(e) the date of expiry of the period of credit if credit
has been given. R.S.O. 1960, c. 233, s. 16 (I),
amended.

eriflcation
claim

(2) The claim shall be verified in duplicate by the affidavit ^^^
of the person claiming the lien, or of his agent or assignee
who has a personal knowledge of the matters required to be
verified, and the affidavit of the agent or assignee shall state
that he has such knowledge.

(3) When it is desired to register a claim for lien against a against
railway, it is sufficient description of the land of the railway™''"*^
company to describe it as the land of the railway company,

and every such claim shall be registered in the general register
in the office for the registry division within which the lien is
claimed to have arisen. R.S.O. 1960, c. 233, s. 16 (2, 3).

17. — (1) A claim for lien may include claims against any ^e'^inciu'ded
number of proijerties, and any number of persons claiming'"'^'*''"
liens upon the same property may unite therein, but, where
more than one lien is included in one claim, each claim for
lien shall be verified by affidavit as provided in section 16.

ment'of""' ^^^ ^^^ judge or officer trying the action has jurisdiction
ciaime equitably to apportion against the respective properties the

amounts included in any claim or claims under subsection 1.

R.S.O. 1960, c. 233, s. 17, amended.

mrormaiity 18.— (1) Substantial compliance with sections 16, 17 and
29 is sufficient and no claim for lien is invalidated by reason of
failure to comply with any of the requirements of such sections
unless, in the opinion of the judge or officer trying the action,
the owner, contractor or subcontractor, mortgagee or other
person is prejudiced thereby, and then only to the extent to
which he is thereby prejudiced.

nece'^'ary'°" (2) Nothing in this section dispenses with the requirement
of registration of the claim for lien. R.S.O. 1960, c. 233, s, 18,
amended.

be flled

19. A duplicate of the claim for lien, bearing the registrar's
certificate of registration, shall be filed on or before the trial
of the action, where the action is to be tried in the County of
York, in the office of the master of the Supreme Court, or,
where the action is to be tried elsewhere, in the office of the
clerk of the county or district court of the county or district
in which the action is to be tried. R.S.O. 1960, c. 233,
s. 19 (1), amended.

oflfen 2^" \^ here a claim is so registered, the person entitled to

claimant ^ ijen shall be deemed to be a purchaser pro lanto and a

R.S.O. I960, purchaser within the provisions of The Registry Act and The

Land Titles Act, but, except as herein otherwise provided,

those Acts do not apply to any lien arising under this Act.

R.S.O. 1960, c. 233, s. 20, amended.

Limit uf
time for

21. — (1) A claim for lien bj' a contractor or subcontractor
registration j^ cascs not Otherwise provided for may be registered before
or during the performance of the contract or of the subcontract
or within thirty-seven days after the completion or abandon-
ment of the contract or of the subcontract, as the case may
be. R.S.O. 1960, c. 233, s. 21 (1).

Materials (^j) A claim for lien for materials may be registered before

or during the placing or furnishing thereof, or within thirty-
seven days after the placing or furnishing of the last material
so [)laced or furnished. R.S.O. 1960, c. 233, s. 21 (2), amended.

Services

(3) A claim for lien for services ma\- be registered at any
time during the performance of the service or within thirty-
seven da\s after the completion of the service. R.S.O. 1960,

c. m. s.'ii (3-).

Section 21. As a result of further submissions and research, the
O.L.R.C. Supp. Rep., p. 8, recommends that the "umbrella principle"
of the Act, which appeared as subsection 5 of section 21 of Bill 190, be
dropped. The result will be that all lien claimants must register their
claims, thus greatly facilitating the trial of some mechanics' lien actions.

The requirement for registration of certificates of action is to be
found in section 22 (2) of this Bill.

Section 25. A number of changes in language have been made in
order to clarify the intent, especially subsection 6 as to notice. See
O.L.R.C. Supp. Rep., p. 9.

(4) A claim for lien for wages may be registered at any time wages
during the doing of the work for which the wages are claimed
or within thirty-seven days after the last work was done for
which the lien is claimed. R.S.O. 1960, c. 233, s. 21 (4),
amended.

EXPIRY AND DISCHARGE

22. — (1) Every lien for which a claim is not registered Expiry of
ceases to exist on the expiration of the time limited in section 21
for the registration thereof.

(2) Upon an action under this Act being commenced, a of*?ertiflcate
certificate thereof shall be registered in the registry office in°'^^'^''°"
which the claim for lien is registered. R.S.O. 1960, c. 233,

s. 22 (1), part, amended.

(3) Where a certificate of action has been registered forgrdere'"*
two years or more in the registry office and no appointment

has been taken out for the trial of the action, the judge or an
officer having jurisdiction to try the action may, upon the
application ex parte of any interested person, make an order
vacating the certificate of action and discharging all liens
depending thereon. R.S.O. 1960, c. 233, s. 22, amended.

23. Every lien for which a claim is registered ceases to^hen^iien
exist on the expiration of ninety days after the work has been if registered
completed or the materials have been placed or furnished, or proceeded
after the expiry of the period of credit, where such period is""""
mentioned in the registered claim for lien, unless in the
meantime an action is commenced to realize the claim or in

which a subsisting claim may be realized, and a certificate is
registered as provided by section 22. R.S.O. 1960, c. 233, s. 23,
amended.

24. The rights of a lien claimant may be assigned by an Assignment
. . ^ • ■^- J c ^ J u- J ^, or death of
mstrument in wntmg and, if not assigned, upon his death iien

pass to his personal representative. R.S.O. 1960, c. 233, s. 24, «^'»'"'»"'

amended.

25. — (1) A claim for lien may be discharged by the regis- J'f'^[g*|f'f®
tration of a receipt acknowledging payment,

(o) where made by a lien claimant that is not a corpora-
tion, signed by the lien claimant or his agent duly
authorized in writing and verified by affidavit; or

(6) where made by a lien claimant that is a corporation,
sealed with its corporate seal. R.S.O. 1960, c. 233,

, , ' Security or

s. 25 (1), amended. payment

into court
. . and vacating

(2) Upon application, the judge or officer having jurisdic-nen and
tion to try the action may, at any time, of action

(o) allow security for or payment into court of the

amount of the claim of the lien claimant and the

amount of the claims of any other subsisting lien
claimants together with such costs as he may fix,

and thereupon order that the registration of the

claim for lien or liens and the registration of the
certificate of action, if any, be vacated;

(b) upon any other proper ground, order that the regis-
tration of the claim for lien or liens and the regis-
tration of the certificate of action, if any, be vacated;
or

R.S.O.

Effect of
order under

KUbB. 2,

rl8, a or 6

Money paid
into court

(3) Notwithstanding sections 22 and 23, where an order
to vacate the registration of a lien is made under clause a or 6
of subsection 2, the lien does not cease to exist for the reason
that no certificate of action is registered.

(4) Any money so paid into court, or any bond or other
security for securing the like amount and satisfactory to the
judge or officer, takes the place of the property discharged
and is subject to the claims of every person who has at the
time of the application a subsisting claim for lien or given
notice of the claim under subsection 7 of section 11 or section
14 to the same extent as if the money, bond or other security
was realized by a sale of the property in an action to enforce
the lien, but such amount as the judge or officer finds to be
owing to the person whose lien has been so vacated is a first
charge upon the money, bond or other security.

(5) Where the certificate required by section 22 or 23
has not been registered within the prescribed time and an
application is made to vacate the registration of a claim
for lien after the time for registration of the certificate, the
order vacating the lien may be made ex parte upon production
of a certificate of search under The Land Titles Act or of a regis-
trar's abstract under The Registry Act, as the case may be,
together with a certified copv of the registered claim for lien.
R.S.O. 1960, c. 233, s. 25 (5-7), amended.

(6) Where money has been paid into court or a bond
deposited in court pursuant to an order under subsection 2,
the judge or officer may, upon such notice to the parties as he
ma\- require, order the money to be paid out to the persons
entitled thereto or the delivery up of the bond for cancellation,
as the case may be. 1961-62, c. 78, s. 1, amended.

number*''"" *^'' -"^'^ order discharging a claim for lien or vacating a
certificate of action shall be registered by registering the
order or a certificate thereof, under the seal of the court, that

Wlieie notice
of applica-
tion to
va< ate not
re()ui.site

R.S.O. 1960,
CO. 204, 348

Payment of
money out
of court

includes a description of the land as required by The -^a«<^ ^'^204 ^lls '
Titles Act or The Registry Act and the regulations thereunder,
as the case may be, and a reference to the registration number
of every registered claim for lien and certificate of action
affected thereby. 1966, c. 84, s. 1, amended.

EFFECT OF TAKING SECURITY OR EXTENDING TIME

26. — (1) The taking of any security for, or the acceptance ge'j^eraiiy
of any promissory note or bill of exchange for, or the taking
of any acknowledgment of the claim, or the giving of time
for the payment thereof, or the taking of any proceedings for
the recovery, or the recovery of a personal judgment for the
claim, does not merge, waive, pay, satisfy, prejudice or destroy
the lien unless the lien claimant agrees in writing that it has
that effect. R.S.O. 1960, c. 233, s. 26 (1).

(2) Where any such promissory note or bill of exchange ^rk)d
has been negotiated, the lien claimant does not thereby lose °^^'g®j["fj.gj
his right to claim for lien if, at the time of bringing his action

to enforce it or where an action is brought by another lien
claimant, he is, at the time of proving his claim in the action,
the holder of such promissory note or bill of exchange.

(3) Nothing in subsection 2 extends the time limited byJrinling^
this Act for bringing an action to enforce a claim for lien. action not

(4) A person who has extended the time for payment of a ^rilJIing'^

claim for which he has a claim for lien in order to obtain the pgrio" who

benefit of this section shall commence an action to enforce p^e time
1 1 • • t • 1 • -111 1 • » 1 1 11 'o"" payment

the clann withm the time prescribed by this Act and shall

further proceedings shall be taken in the action until the

expiration of such extension of time. R.S.O. 1960, c. 233,

s. 26 (2-4), amended.

27. Where the period of credit in respect of a claim has notciaJmln
expired or there has been an extension of time for payment of another*^
the claim, the lien claimant may nevertheless, if an action isP«™°"
commenced by any other person to enforce a claim for lien
against the same property, prove and obtain payment of his
claim in the action as if the period of credit or the extended
time had expired. R.S.O. 1960, c. 233, s. 27, amended.

MEN CI..\IM.4NT's rights TO INFORMATION

28.— (1) Any lien claimant may in writing at any time Pf'"°^^^^^°?
demand of the owner or his agent the production, for inspec- ^^agree-
tion, of the contract or agreement with the contractor for
or in respect of which the work was or is to be done or the

statement
of mort-
gagee or
unpaid
vendor

Production
of contract
or agree-
ment

materials were or are to be placed or furnished, if the contract
or agreement is in writing or, if not in writing, the terms of the
contract or agreement and the state of the accounts between
the owner and the contractor, and, if the owner or his agent
does not, at the time of the demand or within a reasonable
time thereafter, produce the contract or agreement if in writing
or, if not in writing, does not inform the person making the
demand of the terms of the contract or agreement and the
amount due and unpaid upon the contract or agreement or if
he knowingly falsely states the terms of the contract or agree-
ment or the amount due or unpaid thereon and if the person
claiming the lien sustains loss by reason of the refusal or
neglect or false statement, the owner is liable to him for the
amount of the loss in an action therefor or in any action for
the enforcement of a lien under this Act, and subsection 4 of
section 38 applies.

(2) Any lien claimant may in writing at any time demand of
a mortgagee or unpaid vendor or his agent the terms of any
mortgage on the land or of any agreement for the purchase of
the land in respect of which the work was or is to be done or the
materials were or are to be placed or furnished and a statement
showing the amount advanced on the mortgage or the amount
owing on the agreement, as the case may be, and, if the mort-
gagee or vendor or his agent fails to inform the lien claimant at
the time of the demand or within a reasonable time thereafter
of the terms of the mortgage or agreement and the amount
advanced or owing thereon or if he knowingly falsely states
the terms of the mortgage or agreement and the amount
owing thereon and the lien claimant sustains loss by the refusal
or neglect or misstatement, the mortgagee or vendor is liable
to him for the amount of the loss in an action therefor or in
any action for the enforcement of a lien under this Act, and
subsection 4 of section 38 applies.

(3) The judge or officer having jurisdiction to try an action
under this Act may, on a summary application at any time
before or after an action is commenced for the enforcement of
the claim for lien, make an order requiring the owner or his
agent or the mortgagee or his agent or the unpaid vendor or
his agent or the contractor or his agent or the subcontractor or
his agent, as the case may be, to produce and permit any
lien claimant to inspect any such contract or agreement or
mortgage or agreement for sale or the accounts or any other
relevant document upon such terms as to costs as the judge
or officer deems just. R.S.O. 1960, c. 233, s. 28, amended.

ACTIONS

How claim
enforceable

29. — (1) A claim for lien is enforceable in an action in the
Supreme Court'.

Section 29. No change in principle from the present Act.

Section 31. The O.L.R.C. Supp. Rep., p. 10, recommends that as
there is no relationship between subsections 1 and 2 of section 31 of Bill
190, subsection 1 should be renumbered as section 31, subsections 2 to 7
renumbered as .subsections 1 to 6 of a new section 32 and the following
sections renumbered accordingly. This recommendation is implemented.

.^6

(2) An action under this Act shall be commenced by filing statement
a statement of claim in the office of the local registrar of theii'nB of'
Supreme Court in the county or district in which the land

or part thereof is situate.

(3) The statement of claim shall be served within thirty ge^yfc'e
days after it is filed, but the judge having jurisdiction to try

the action or, in the County of York, the master may extend
the time for service.

(4) The time for delivering the statement of defence in the ff d'lfence*
action shall be the same as for entering an appearance in an

action in the Supreme Court.

(5) It is not necessary to make any lien claimants parties Parties
defendant to the action, but all lien claimants served with the
notice of trial shall for all purposes be deemed to be parties

to the action.

(6) After the commencement of the action, any lien claim- J^°''°^j
ant or other person interested may apply to the judge having""'^'
jurisdiction to try the action or, in the County of York,

a judge of the Supreme Court to speed the trial of the action.
R.S.O. 1960, c. 233, s. 29, amended.

30. Any number of lien claimants claiming liens on the L-'en

, ,' ... . . , , , claimants

same land may join in an action, and an action brought by joining in
a lien claimant shall be deemed to be brought on behalf of
himself and all other lien claimants. R.S.O. 1960, c. 233, s. 30,
amended.

31.— (1) Except in the County of York, the action shall and'^pia^
be tried by the local judge of the Supreme Court in the ""^ *'""''
county or district in which the action was commenced, but,
upon the application of any party or other interested person
made according to the practice of the Supreme Court and upon
notice, the court may direct that the action be tried by a
judge of the Supreme Court at the regular sittings of the
court for the trial of actions in the county or district in which
the action was commenced. R.S.O. 1960, c. 233, s. 31 (1, 2).

(2) In the County of York, the action shall be tried by ayo^rlJ'
judge of the Supreme Court, but, county

(a) on motion after defence or defence to counterclaim,
if any, has been delivered or the time for such
delivery has expired, a judge of the Supreme Court
may refer the whole action to the master for trial

.._,„,,,,. ^ • , R.S.O. ISfiO,

pursuant to section 69 of The Judicature Act; or c. 197

R.S.O. 19(i<l.
c. 197

(b) at the trial, a judge of the Supreme Court may direct
a reference to the master pursuant to section 68 or 69
of The Judicature Act. R.S.O. 1960, c. 233, s. 31 (3),
amended.

Application
to set aside
judgment
directing n
reference

(3) Where on motion the whole action is referred to the
master for trial, any person brought into the proceedings
subsequent thereto and served with a notice of trial may
apply to a judge of the Supreme Court to set aside the judg-
ment directing the reference within seven days after service
of notice of trial and, if such person fails to make such appli-
cation, he is bound by such judgment as if he were originally
a party thereto.

Amend-
ment of
pleading.s
on reference

(4) Where the action is referred to the master for trial, he
may grant leave to amend any pleading. R.S.O. 1960, c. 233,

s. 31 (4, 5).

Powers of
local
judges
S.C.O., etc.

32. The local judges of the Supreme Court and the
master to whom a reference for trial has been directed, in
addition to their ordinary powers, have all the jurisdiction,
powers and authority of the Supreme Court to try and com-
pletely dispose of the action and questions arising therein and
all questions of set-ofT and counterclaim arising under the
building contract or out of the work done or materials fur-
nished to the property in question. R.S.O. 1960, c. 233,
s. 32 (1), amended.

Where con-
tract covers
several
buildings

33. Where an owner enters into an entire contract for
the supply of materials to be used in several buildings, the
person supplying the materials may ask to have his lien follow
the form of the contract and that it be for an entire sum upon
all the buildings, but, in case the owner has sold one or more of
the buildings, the judge or officer trying the action has juris-
diction equitably to apportion against the respective buildings
the amount included in the claim for lien under the entire
contract. R.S.O. 1960, c. 233, s. 32 (2), amended.

Power to
appoint a
receiver of
rents and
profits

34. — (1) At any time after the delivery of the statement
of claim, the judge or officer having jurisdiction to try the
action may, on the application of any lien claimant, mort-
gagee or other person interested, appoint a receiver of the
rents and profits of the property against which the claim for
lien is registered, upon such terms and upon the giving of
such security or without security as the judge or officer deems
just.

Power to
direct
sale and
appoint
trustee

(2) Any lien claimant, mortgagee or other person interested
may make an application to the judge or officer at any time
before or after judgment, which may hear viva voce or affidavit

Section 34 — Subsection 2. As recommended by the O.L.R.C. Supp.
Rep., p. 10, the powers that trustees may exercise under the section are
broadened to include, if authorized by court order, the power to lease the
property against which the claim for lien is registered.

Subsection 3. The words "but only in cases where there is no dispute
as to the priority of any such mortgage" at the end of the provision as it
appeared in Bill 190 have been deleted as recommended by the O.L.R.C.
Supp. Rep., p. 11. This will expedite the trial of mechanics' lien actions
by giving the court power to direct a sale under the court's supervision in
cases where the priority of a mortgage is in dispute or where the lien
claimants refuse to take a position one way or the other.

evidence or both and appoint, upon such terms and upon the
giving of such security or without security as the judge or
officer deems just, a trustee or trustees with power to manage,
mortgage, lease and sell, or manage, mortgage, lease or sell,
the property against which the claim for lien is registered,
and the exercise of such powers shall be under the supervision
and direction of the judge or officer, and with power, when
so directed by the judge or officer, to complete or partially
complete the property, and, in the event that mortgage
moneys are advanced to the trustee or trustees as the result
of any of the powers conferred upon him or them under this
subsection, such moneys take priority over every claim of
lien existing as of the date of the appointment.

(3) Any property directed to be sold under subsection 2 offere*"for
may be offered for sale subject to any mortgage or other s^ie
charge or encumbrance if the judge or officer so directs.

(4) The proceeds of any sale made by a trustee or trustees ^''°j,''g*®^*,j
under subsection 2 shall be paid into court and are subject '"'° '''>"'■'
to the claims of all lien claimants, mortgagees or other persons
interested in the property so sold as their respective rights are
determined, and, in so far as applicable, section 39 applies.

(5) The judge or officer shall make all necessary orders for^mpuuon
the completion of any mortgage, lease or sale authorized to°^'*'*

be made under subsection 2.

(6) Any vesting order made of property sold by a trustee ^r'tui'e*
or trustees appointed under subsection 2 vests the title of the
property free from all claims for liens, encumbrances and
interests of any kind including dower, except in cases where

sale is made subject to any mortgage, charge, encumbrance
or interest as hereinbefore provided, but nothing in this
section or elsewhere in this Act shall be deemed to extinguish
the right to dower, if any, of any married woman or the right
to have the value of her dower ascertained and deducted
from the proceeds of the sale so paid into court. R.S.O. 1960,
c. 233, s. 32 (3-8), amended.

35. At any time after delivery of the statement of claim preserva-
and before judgment, or after judgment and pending thep°o"perty
hearing and determination of any appeal, any lien claimant,
mortgagee or other interested person may make an application
to the judge or officer having jurisdiction to try the action,
who may hear viva voce or affidavit evidence or both and make
an order for the preservation of any property pending the
determination of tlie action and an\- appeal. New.

Consolida-
tion of
actions

Transferring
carriage of
proceedings

36. Where more actions than one are brought to realize
liens in respect of the same land, the judge or officer having
jurisdiction to try the action may, on the application of any
party to any one of the actions or on the application of any
other person interested, consolidate all such actions into one
action and award the conduct of the consolidated action to
any plaintiff as the judge or officer deems just. R.S.O. 1960,
c. 233, s. 33, amended.

37. Any lien claimant entitled to the benefit of an action
may at any time apply to the judge or officer having jurisdic-
tion to try the action for the carriage of the proceedings, and
the judge or officer may make an order awarding such lien
claimant the carriage of the proceedings. R.S.O. 1960, c. 233,
s. 34, amended.

diyfoV^"^ 38.— (1) After the delivery of the statement of defence
trial where the plaintiflf's claim is disputed, or after the time for

delivery of defence in all other cases, either party may apply
ex parte to a judge or officer having jurisdiction to try the
action to fix a day for the trial thereof, and the judge or
officer shall appoint the time and place of trial, and the order,
signed by the judge or officer, shall form part of the record of
the proceedings.

Notice of
trial and
service

(2) The party obtaining an appointment for the trial shall,
at least ten clear days before the day appointed, serve notice
of trial upon the solicitors for the defendants who appear
by solicitors and upon the defendants who appear in person,
and upon all the lienholders who have registered their claims
as required by this Act or of whose claims he has notice, and
upon all other persons having any charge, encumbrance
or claim on the land subsequent in priority to the lien, who
are not parties, and such service shall be personal unless
otherwise directed by the judge or officer who may direct in
what manner the notice of trial is to be served.

Idem

Trial

(3) Where any person interested in the land has been
served with a statement of claim and makes default in de-
livering a statement of defence, he shall nevertheless be served
v'ith notice of trial and is entitled to defend on such terms as
to costs and otherwise as the judge or officer having jurisdic-
tion to try the action deems just.

(4) The judge, or where a reference for trial is directed, the
master.

(a) shall try the action, including any set-off and counter-
claim, and all questions that arise therein or that are
necessary to be tried in order to completely dispose

of the action and to adjust the rights and liabilities
of the persons appearing before him or upon whom
notice of trial has been served;

(b) shall take all accounts, make all inquiries, give all
directions and do all other things necessary to finally
dispose of the action and of all matters, questions and
accounts arising therein or at the trial, and to adjust
the rights and liabilities of and give all necessary
relief to all parties to the action and all persons who
have been served with the notice of trial; and

(i) in the case of a judge, in a judgment, and

(ii) in the case of a master, in a report,

which judgment or repxjrt may direct payment forth-
with by the person or persons primarily liable to
pay the amount of the claims and costs as ascertained
by the judgment or report, and execution may be
issued therefor forthwith in the case of a judgment
and after confirmation thereof, in the case of a report.

(5) The form of the judgment or report may be varied by p°^*®Jq*^^ ^f
the judge or officer in order to meet the circumstances of the judgment
case so as to afford to any party to the proceedings any right

or remedy in the judgment or report to which he may be
entitled.

(6) The judge or officer may order that the estate or interest ^*'®
charged with the lien be sold, and may direct the sale to take
place at any time after judgment or confirmation of the report,
allowing, however, a reasonable time for advertising the sale.

(7) A lien claimant who did not prove his claim at the trial, h|"'°* '"
on application to the judge or officer before whom the action ^g'J^^^yl
or reference was tried, may be let in to prove his claim, on "heiJ?c°aim8
such terms as to costs and otherwise as are deemed just, at at trial
any time before the amount realized in the action for the
satisfaction of liens has been distributed, and, where his

claim is allowed, the judgment or report shall be amended
so as to include his claim.

(8) Any lien claimant for an amount not exceeding $200 ^^^^^ °^
may be represented by an agent who is not a barrister and to*}.™pre'*
solicitor. sentation

(9) An action or reference under this Act may be tried by bo V°iSd™bT
any judge or officer having jurisdiction to try the action oranyiu^ee

Applications

for

directions

Report
where sale
is had

reference notwithstanding that the time and place for the
trial or reference thereof were appointed and fixed by another
judge or officer. R.S.O. 1960, c. 233, s. 35, amended.

(10) Any party to an action under this Act or any other
interested person may at any time and from time to time
apply to a judge or officer having jurisdiction to try the action
or reference for directions as to pleadings, discovery, produc-
tion or any other matter relating to the action or reference,
including the cross-examination of a lien claimant or his
agent or assignee on his affidavit verifying the claim. New.

39. — (1) Where a sale is had, the moneys arising there-
from shall be paid into court to the credit of the action, and
the judge or officer before whom the action was tried shall
direct to whom the moneys in court shall be paid and may
add to the claim of the person conducting the action his fees
and actual disbursements incurred in connection with the sale,
and, where sufficient to satisfy the judgment and costs is
not realized from the sale, he shall certify the amount of the
deficiency and the names of the persons who are entitled to
recover the same, showing the amount that each is entitled
to recover and the persons adjudged to pay the same, giving
credit for payments made, if any, under subsection 4 of
section 38, and the persons so entitled may enforce payment
of the amounts so found to be due by execution or otherwise.

(2) The judge or officer before whom the action was tried
may make all necessary orders for the completion of the sale
and for vesting the property in the purchaser. R.S.O. 1960,

c. 233, s. 36 (1, 2).

40. Where a lien claimant fails to establish a lien, he may
nevertheless recover a personal judgment against any party
to the action for such sum as may appear to be due to him
and which he might recover in an action against such party.
R.S.O. 1960, c. 233, s. 36 (3).

Henhoiders '^^' Where property subject to a lien is sold in an action
whose claims to enforce a lien, every lienholder is entitled to share in the
payable to proceeds of the sale in respect of the amount then owing to
proceeds him, although the same or part thereof was not payable at
the time of the commencement of the action or is not then
presently payable. R.S.O. 1960, c. 233, s. 37.

Completion
of safe

Where
lien not
established

stated case

STATED CASE

■42. — (1) If in the course of proceedings to enforce a lien a
question of law arises, the judge or officer trying the case may,
at the request of any party, state the question in the form of
a stated case for the opinion of the Court of Appeal, and the
stated case shall thereupon be set down to be heard before
the Court of Appeal and notice of hearing shall be served
by the party setting down upon all parties concerned.

Section 43 — Subsection 1. The limitation on appeals that is in the
present Act but was not in Bill 190 appears at the commencement of this
provision as recommended by the O.L.R.C. Supp. Rep., p. 11.

(2) The stated case shall set forth the facts material for ^i^lon of
the determination of the question raised, and all papers neces- papers
sary for the hearing of the stated case by the Court of Appeal
shall be transmitted to the registrar of the Supreme Court.
R.S.O. 1960, c. 233, s. 39, amended.

APPEAL

43. — (1) Except where the amount of a judgment in Appeal
respect of a claim or counterclaim is $200 or less, an appeal
lies trom any judgment under this Act to the Court of Appeal.
R.S.O. 1960, c. 233, s. 40 (1), amended.

(2) Where a question is referred to the master for inquiry ^^P.^^'^^g"™
and report under subsection 2 of section 31, an appeal lies in

the manner prescribed by the rules of court.

(3) Where an action is referred to the master for trial ^"{J'jj'/"^"
under subsection 2 of section 31, the report shall be filed and^^ster's
shall be deemed to be confirmed at the expiration of fifteen

days from the date of service of notice of filing the same,
unless notice of appeal is served within that time.

(4) An appeal from a judgment or report made on a refer- (^PP^*'
ence for trial lies in like manner and to the same extent as Judgment
from the decision of a judge trying an action in the Supreme

Court without a jury. R.S.O. 1960, c. 233, s. 40 (2, 3, 4).

(5) The costs of an appeal shall not be governed by sub-appeli°^
sections 2 and 3 of section 45 but, subject to any order of the
Court of Appeal, shall be upon the scale of costs allowed in
county court appeals where the amount involved is within the
proper competence of the county court, and, where it exceeds

that amount, upon the Supreme Court scale. R.S.O. 1960,
c. 233, s. 40 (5), amended.

FEES AND COSTS

44. The fee payable by every plaintiff, every plaintiff by ^®®
counterclaim and every lien claimant, including every person
recovering a personal judgment, in any action to realize a lien
under this Act is,

(a) $5 on a claim or counterclaim not exceeding $500;

(b) $10 on a claim or counterclaim exceeding $500 but
not exceeding $1,000;

but no fee is payable on a claim for wages only, and in no case
shall the fee on a claim exceed $75 or on a counterclaim exceed
$25. R.S.O. 1960, c. 233, s. 41, amended.

ot'herwise *3' — (1) Subject to subsections 2, 3, 4 and 5, any order

provided ^s to costs in an action under this Act is in the discretion of

the judge or officer who tries the action. R.S.O. 1960, c. 233,

s. 46, amended.

Limit of
costs to
plaintiffs

(2) The costs of the action, exclusive of actual disburse-
ments, awarded to the plaintiffs and successful lienholders,
shall not exceed in the aggregate 25 per cent of the total
amount found to have been actually due on the liens at the
time of the registration thereof, and shall be apportioned and
borne in such proportion as the judge or officer who tries the
action may direct, but in making the apportionment he shall
have regard to the actual services rendered by or on behalf
of the parties resp>ectively, provided that, where a counter-
claim is set up by a defendant, the amount and apportion-
ment of the costs in respect thereof are in the discretion of
the judge or officer who tries the action. R.S.O. 1960, c. 233,
s. 42, amended.

Limit of
costs against
plaintiffs

(3) Where costs are awarded against the plaintiff or other
persons claiming liens, they shall not exceed, except in the
case of a counterclaim, 25 per cent of the claim of the plaintiff
and the other claimants, besides actual disbursements, and
shall be apportioned and borne as the judge or officer who
tries the action may direct. R.S.O. 1960, c. 233, s. 43,
amended.

least^x'pe^n^ (4) Where the least expensive course is not taken by a
^'Jt®f';']"J".f® plaintiff, the costs allowed to him shall in no case exceed

not taken k '

what would have been incurred if the least expensive course
had been taken. R.S.O. 1960, c. 233, s. 44.

Cost of
drawing and

(5) Where a lien is discharged or vacated under section 25
and'^'vacaung *^'' where judgment is given in favour of or against a claim
registration for a lien, in addition to the costs of the action, the judge or
officer who tries the action may allow a reasonable amount for
the costs of drawing and registering the claim for lien or of
vacating the registration thereof, but this does not apply where
the claimant fails to establish a valid lien. R.S.O. 1960,
c. 233, s. 45.

RULES OF PRACTICE

Rules of
practice

46. — (1) The object of this Act being to enforce liens at
the least expense, the procedure shall be as far as possible of
a summary character, having regard to the amount and nature
of the liens in question. R.S.O. 1960, c. 233, s. 47 (1).

Section 45. The intent is clarified as recommended by the O.L.R.C.
Supp. Rep., p. 11.

Section 46 — Subsection 4. This new provision implements a recom-
mendation of the O.L.R.C. Supp. Rep., p. 11.

(2) Except where otherwise provided by this Act, no inter- toJ^'i?ooeed-
locutory proceedings shall be permitted without the consent 'nss

of the judge or officer having jurisdiction to try the action,
and then only upon proper proof that such proceedings are
necessary.

(3) The judge or officer having jurisdiction to try the action Assistance
may obtam the assistance of any merchant, accountant,
actuary, building contractor, architect, engineer or person in

such way as he deems fit, the better to enable him to determine
any matter of fact in question, and may fix the remuneration
of any such person and direct payment thereof by any of the
parties. R.S.O. 1960, c. 233, s. 47 (2, 3), amended.

(4) Unless otherwise provided in this Act, the Rules o{^^^^^^°^
Practice and Procedure of the Supreme Court apply to pro-
ceedings under this Act. New.

SERVICE OF DOCUMENTS

47. Except where otherwise directed by the judge or ^^^'^* "j*^,
officer having jurisdiction to try the action, all documents
relating to an action under this Act, other than statements
of claim and notices of trial, are sufficiently served upon the
intended recipient if sent by registered mail addressed to the
intended recipient at his address for service. Nerw.

LIENS ON CHATTELS

48. — (1) Every person who has bestowed money, skill or ^'l^'^t^pf

materials upon any chattel or thing in the alteration or im- nenhoider

, , . . , , - . .to sell

provement of its properties or for the purpose of imparting chattel

an additional value to it, so as thereby to be entitled to a lien

upon the chattel or thing for the amount or value of the money

or skill and material bestowed, has, while the lien exists but not

afterwards, in case the amount to which he is entitled remains

unpaid for three months after it ought to have been paid, the

right, in addition to any other remedy to which he may be

entitled, to sell by auction the chattel or thing on giving one

week's notice by advertisement in a newspaper having general

circulation in the municipality in which the work was done,

setting forth the name of the person indebted, the amount of

the debt, a description of the chattel or thing to be sold, the

time and place of sale, and the name of the auctioneer, and

leaving a like, not ce in writing at the last known place of

residence, if any, of the owner, if he is a resident of the

municipality.

(2) Such person shall apply the proceeds of the sale in ^f'^/'ro'ceeds'
payment of the amount due to him and the costs of advertising of sale
and sale and shall upon application pay over any surplus to the
preson entitled thereto. R.S.O. 1960, c. 233, s. 48, amended.

FORMS

Forms ^q^ -pj^^ Lieutenant Governor in Council may make regu-

lations prescribing forms and providing for their use. New.

MISCELLANEOUS

^•233: ^^®°' 50. The Mechanics' Lien Act, The Mechanics' Lien Amend-
19^1-62, ment Act, 1961-62, The Mechanics' Lien Amendment Act,
1962-63, 1962-63 and The Mechanics' Lien Amendment Act, 1966 are

c. 79 *

i966,'c.84, repealed,
repealed

ment'"*"'^^ 51' This Act comes into force on a day to be named by the
Lieutenant Governor by his proclamation.

Short title 62. This Act may be cited as The Mechanics' Lien Act,
1968-69.

t\j

».

a
19

n
3

■-I

n
n

s
p

BILL 36

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

The Mechanics' Lien Act, 1968-69

Mr. Wish art

(Reprinted as amended by the Legal and Municipal Committee)

TORONTO

PhINTFD ANTl PlIBIMSHKn RY FrANK FOGG. OUEEN'S PRINTER

EXPLASATOKY N'OTES

Genkkal. Ill 1965 the Ontario Law Reform Commission undertook
an extensive study of the law in Ontario on mechanics' liens.

A report dated February 22, 1966, was made by the Commission
to the Attorney General containing its recommendations for up-dating
The Mechanics' Lien Act.

The Commission then held public hearings and considered many
submissions which resulted in a supplementary report dated May 26, 1967.

This Bill also contains a number of editorial and other changes,
designed to clarify the intent, that have resulted from the study of Bill 190.

In the following notes the supplementary report of the Commission
is referred to as O.L.R.C. Supp. Rep.

BILL 36 1968-69

The Mechanics' Lien Act, 1968-69

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

l.-(l) In this Act. l^iSS"*"

(a) "completion of the contract" means substantial per-
formance, not necessarily total performance, of the
contract;

{b) "contractor" means a person contracting with or
employed directly by the owner or his agent for the
doing of work or the placing or furnishing of materials
for any ot the purposes mentioned in this Act;

(i) upon whose credit, or
(ii) on whose behalf, or
(iii) with whose privity or consent, or
(iv) for whose direct benefit,

(e) "registrar" includes a master of titles;

(/) "registry office" includes a land titles office;
36

(h) "wages" means the money earned by a workman for
work done by time or as piece work, and includes all
monetary supplementary benefits, whether by stat-
ute, contract or collective bargaining agreement;

(i) "workman" means a person employed for wages in
any kind of labour, whether employed under a
contract of service or not. R.S.O. 1960, c. 233, s. 1,
amended.

hfo^deB (2) In this Act, the expression "the doing of work" in-

eervfce eludes the performance of a service, and corresponding expres-

sions have corresponding meanmgs.

per^fonna'nce (^) ^^^ ^^^ purposes of this Act, a contract shall be deemed
to be substantially performed,

(a) when the work or a substantial part thereof is
ready for use or is being used for the purpose in-
tended; and

(b) when the work to be done under the contract is
capable of completion or correction at a cost of not
more than,

(i) 3 per cent of the first $250,000 of the contract
price,

(ii) 2 per cent of the next $250,000 of the contract
price, and

B^F" (iii) 1 per cent of the balance of the contract price.

'•^e™ (4) For the purposes of this Act, where the work or a sub-

stantial part thereof is ready for use or is being used for the
purpose intended and where the work cannot be completed
expeditiously for reasons beyond the control of the contractor,
the value of the work to be completed shall be deducted
from the contract price in determining substantial perform-
ance. New. "Wt

GENERAL

in'^hande'of" ^' — ^^^ -^'^ sums received by a builder, contractor or sub-
contractore contractor on account of the contract price constitute a trust
fund in his hands for the benefit of the owner, builder, con-
tractor, subcontractor, Workmen's Compensation Board,

Section 1 — Subsections 3 and 4 are new. They are designed to com-
plement the definition of "completion of the contract" and thus speed up
the release of "holdback" moneys.

Subsection 4. Municipal financing is expressly excluded from the
scope of the provision and its intent is clarified as recommended in O.L.R.C.
Supp. Rep., pp. 6, 7.

workmen, and persons who have suppHed materials on account
of the contract or who have rented equipment to be used on
the contract site, and the builder, contractor or subcontractor,
as the case may be, is the trustee of all such sums so received
by him and he shall not appropriate or convert any part
thereof to his own use or to any use not authorized by the
trust until all workmen and all persons who have supplied
materials on the contract or who have rented equipment
to be used on the contract site and all subcontractors are paid
for work done or materials supplied on the contract and the
Workmen's Compensation Board is paid any assessment with
respect thereto. R.S.O, 1960, c. 233, s. 3 (1), amended.

(2) Notwithstanding subsection 1, where a builder, con- ^''°®p*'°"
tractor or subcontractor has paid in whole or in pan foi any
materials supplied on account of the contract or for any tented
equipment or has paid any workman who has performed any

work or any subcontractor who has placed or furnished any
materials in respect of the contract, the retention by such
builder, contractor or subcontractor of a sum equal to the sum
so paid by him shall he deemed not to be an appropriation or
conversion thereof to his own use or to any use not authorized
bythe trust. R.S.O. 1960, c. 233, s. 3 (3), amended.

(3) Where a sum becomes payable under a contract to a J^'"J|*jj^'J°^f'
contractor by an owner on the certificate of a person authorized owners
under the contract to make such a certificate, an amount

equal to the sum so certified that is in the owner's hands or
received by him at any time thereafter shall, until paid to the
contractor, constitute a trust fund in the owner's hands for
the benefit of the contractor, subcontractor. Workmen's
Compensation Board, workmen, and persons who have
supplied materials on account of the contract or who have
rented equipment to be used on the contract site, and the
owner shall not appropriate or convert any part thereof to
his own use or to any use not authorized by the trust until
all workmen and all persons who have supplied materials on
the contract or who have rented equipment to be used on
the contract site and all contractors and subcontractors are
paid for work done or materials supplied on the contract and
the Workmen's Compensation Board is paid any assessment
with respect thereto. "^PB

(4) All sums received by an owner, other than a niunici-^orfgage,""
pality as defined in The Department of Municipal Affairs ^f'funj" '
or a metropolitan or regional municipality or a local tx)ard r.s.o. i960,
thereof, which are to be used in the financing, including the
purchase price of the land and the payment of prior encum-
brances, of a building, structure or work, constitute, subject

to the payment of the purchase price of the land and prior

encumbrances, a trust fund in the hands of the owner for the
benefit of the persons mentioned in subsection 1, and, until
the claims of all such persons have been paid, the owner shall
not appropriate or convert any part thereof to his own use or
to any use not authorized by the trust.

Exception (5) Notwithstanding subsection 4, where an owner has

Protection
for money
lenders

Offence and
penalty

Limit of
time for
asserting
<'laims to
tru.st
moneys

(6) Notwithstanding anything in this section, where money
is lent to a person upon whom a trust is imposed by this
section and is used by him to pay in whole or in part for any
work done, for any materials placed or furnished or for any
rented equipment, trust moneys may be applied to discharge
the loan to the extent that the lender's money was so used
by the trustee, and any sum so applied shall be deemed not
to be an appropriation or conversion to the trustee's own use
or to any use not authorized by the trust. New. '^PS

(7) Every person ujxjn whom a trust is imposed by this
section who knowingly appropriates or converts any part of
any trust moneys referred to in subsection 1 , 3 or 4 to his own
use or to any use not authorized by the trust is guilty of an
offence and on summary conviction is liable to a fine of not
more than $5,000 or to imprisonment for a term of not more
than two years, or to both, and every director or officer of a cor-
poration who knowingly assents to or acquiesces in any such
offence by the corporation is guilty of such offence, in addition
to the corporation, and on summary conviction is liable to a
fin : cl not more than $5,000 or to imprisonment for a term of
not more than two years, or to both. R.S.O. 1960, c. 233,
s. 3 (2), amended.

3. No action to assert any claim to trust moneys referred
to in section 2 shall be commenced against a lender of money
to a person upon whom a trust is imposed by that section
except,

(a) in the case of a claim by a contractor or subcontractor
in cases not provided for in clauses b, c and d, within
nine months after the completion or abandonment
of the contract or subcontract;

(b) in the case of a claim for materials, within nine
months after the placing or furnishing of the last
material;

Subsection 5. This extension of the "trustee provisions" is new. It
is recommended in O.L.R.C. Supp. Rep., pp. 5-7.

Section 4 — Subsection 2, clause 6. In its original report the Ontario
Law Reform Commission recommended "$25 a day" which is the sum
that appeared in Bill 190.

As a result of further submissions and consideration, the Commission
recommends $35 a day. See O.L.R.C. Supp. Rep., p. 7. The Committee
on Legal and Municipal Bills raised it to $50 a day.

(d) in the case of a claim for wages, within nine months
after the last work was done for which the claim is
made. New. "^P8

4. — (1) Every agreement, oral or written, express or Agreements

1- 1 1 r 1 1 1 • A 1 waiving

implied, on the part oi any workman that this Act does not application
apply to him or that the remedies provided by it are not are void
available for his benefit is void.

(2) Subsection 1 does not apply. Exception

(a) to a manager, officer or foreman; or

(b) to any person whose wages are more than $50 a day.

(3) No agreement deprives any person otherwise entitled Effect upon

^ ,. , , . A 1 • , third party-

to a hen under this Act, who is not a party to the agreement, of agreement
of the benefit of the lien, but it attaches, notwithstanding"*'^' *
such agreement. R.S.O. 1960, c. 233, s. 4, amended.

CREATION OF LIENS

5. — (1) Unless he signs an express agreement to the con- ^^g*""*] ^
trary and in that case subject to section 4, any person who'ie"
does any work upon or in respect of, or places or furnishes any
materials to be used in, the making, constructing, erecting,
fitting, altering, improving or repairing of any land, building,
structure or works or the appurtenances to any of them for any
owner, contractor or subcontractor b\ virtue thereof has a
lien for the price of the work or materials upon the estate or
interest of the owner in the land, building, structure or works
and appurtenances and the land occupied thereby or enjoyed
therewith, or upon or in respect of which the work is done, or
upon which the materials are placed or furnished to be used,
limited, however, in amount to the sum justly due to the
person entitled to the lien and to the sum justly owing, except
as herein provided, by the owner, and the placing or furnishing
of the materials to be used upon the land or such other place
in the immediate vicinity of the land designated by the owner
or his agent is good and sufficient delivery for the purpose of
this Act, but delivery on the designated land does not make
such land subject to a lien.

(2) Except for the purpose of section 11, the lien given by ^^'^®p*'°''
subsection 1 does not attach to any public street or highway
or to any work or improvement done thereon. "^Pl

attaf hea (^^ ^^^ ^'^" given by subsection 1 attaches as therein set

where out where the materials delivered to be used are incoriwrated

materials . i i i i m i- i • i j-

incorporated into the land, building, structure or works, notwithstanding
that the materials may not have been delivered in strict
accordance with subsection 1.

into
building

Interpre-
tation

(4) In subsection 1, "agent" includes the contractor or sub-
contractor for whom the materials are placed or furnished,
unless the person placing or furnishing the materials has had
actual notice from the owner to the contrary. R.S.O. 1960,
c. 233, s. 5, amended.

Lien for

rented

equipment

(5) A person who rents equipment to an owner, contractor
or subcontractor for use on a contract site shall be deemed
for the purposes of this Act to have performed a service for
which he has a lien for the price of the rental of the equipment
used on the contract site, limited, however in amount to the
sum justly owed and due to the person entitled to the lien
from the owner, builder, contractor or subcontractor in respect
of the rental of the equipment. New.

When
husl^and's
interest
liable for
work done
or materials
furnished
on land of
spouse

?harged*1s'^'^ '^ • — (V^ Where the estate or interest upon which the lien
leaselioid attaches is leasehold, the fee simple is also subject to the lien
if the person doing the work or placing or furnishing the
materials gives notice in writing, by personal service, to the
owner in fee simple or his agent of the work to be done or
materials to be placed or furnished unless the owner in fee
simple or his agent within fifteen days thereafter gives notice in
writing, by personal service, to such person that he will not
be responsible therefor.

Forfeiture
or cancella-
tion of
lease, elTect
of on lien-
holder

Section 5 — Subsection 5. The intent of the original recommen-
dation of the Ontario Law Reform Commission is clarified. It is intended
that the lien for rented equipment is for an amount that is reasonable and
justly due in the particular circumstances. See O.L.R.C. Supp. Rep., p. 8.

Section 7 — Subsection 1. The intent is clarified. See O.L.R.C.
Supp. Rep., p. 8. Also, the notice period is increased from ten to fifteen
days.

(3) Where the land and premises upon or in respect of which P'"Jj?[ ^ ^^
any work is done or materials are placed or furnished are
encumbered by a mortgage or other charge that was registered
in the proper registry office before any lien under this Act
arose, the mortgage or other charge has priority over all liens
under this Act to the extent of the actual value of the land
and premises at the time the first lien arose, such value to be
ascertained by the judge or officer having jurisdiction to try
an action under this Act.

(4) The time at which the first lien arose shall be deemed to nen'arose

^ When first

be the time at which the first work was done or the first
materials placed or furnished, irrespective of whether a claim
for lien in respect thereof is registered or enforced and whether
or not such lien is before the court. R.S.O. 1960, c. 233, s. 7
(1-4), amended.

(5) Any mortgage existing as a valid security, notwith- f^'anees
standing that it is a prior mortgage within the meaning of
subsection 3, may also secure future advances, subject to
subsection 1 of section 14. R.S.O. 1960, c. 233, s. 7 (5).

(6) A registered agreement for the sale and purchase of^^g^oomont
land and any moneys bona fide secured or payable there- p'JfrchM^or
under has the same priority over a lien as is provided for a 'a""! has

.,.',_, same priority

mortgage and mortgage moneys m subsections 3 and 5, and as mortgage

for the purposes of this Act the seller shall be deemed to be

a mortgagee, and any moneys bona fide secured and payable

under such agreement shall be deemed to be mortgage moneys

bona fide secured or advanced. R.S.O. 1960, c. 233, s. 7 (6),

amended.

8. Where any of the property upon which a lien attaches *^,P'J^^^'°^g
is wholly or partly destroyed by fire, any money received
by reason of any insurance thereon by an owner or ])rior
mortgagee or chargee shall take the place of the |)roperty so
destroyed and is, after satisfying any prior mortgage or charge
in the manner and to the extent set out in subsection 3 of
section 7, subject to the claims of all jjersons for liens to the
same extent as if the money had been realized by a sale of
the property in an action to enforce the lien. R.S.O. 1960,
c. 233, s. 8.

O. Save as herein otherwise iirovided, the lien docs "01^1^'^'^,^°''^^
attach so as to make the owner liable for a greater sum thano^ner^s
the sum payable by the owner to the contractor. R.S.O.
1960, c. 233, s. 9.

Limit of
Hen when
claimed by
other
than con-
tractor

Holdbaclt

Reduction
in amount
retained

Idem

10. Save as herein otherwise provided, where the lien is
claimed by any person other than the contractor, the amount
that may be claimed in respect thereof is limited to the amount
owing to the contractor or subcontractor or other person for
whom the work has been done or the materials were placed or
furnished. R.S.O. 1960, c. 233, s. 10, amended.

11. — (1) In all cases, the person primarily liable upon a
contract under or by virtue of which a lien may arise shall,
as the work is done or the materials are furnished under the
contract, retain for a period of thirty-seven days after the
completion or abandonment of the work done or to be done
under the contract 15 per cent of the value of the work and
materials actually done, placed or furnished, as mentioned in
section 5, irrespective of whether the contract or subcontract
provides for partial payments or payment on completion of
the work, and the value shall be calculated upon evidence
given in that regard on the basis of the contract price or, if
there is no specific contract price, on the basis of the actual
value of the work or materials. R.S.O. 1960, c. 233, s. 11 (1),
amended.

(2) Where a contract is under the supervision of an archi-
tect, engineer or other person upon whose certificate payments
are to be made and thirty-seven days have elapsed after a
certificate issued by that architect, engineer or other person
to the efifect that the subcontract has been completed to his
satisfaction has been given to the person primarily liable upon
that contract and to the person who became a subcontractor
by a subcontract made directly under that contract, the
amount to be retained by the person primarily liable upon
that contract shall be reduced by 15 per cent of the sub-
contract price or, if there is no specific subcontract price,
by 15 per cent of the actual value of the work done or materials
placed or furnished under that subcontract, but this subsec-
tion does not operate if and so long as any lien derived under
that subcontract is preserved by anything done under this

Act. "^i

(3) Where a certificate issued by an architect, engineer
or other person to the effect that a subcontract by which a
subcontractor became a subcontractor has been completed to
the satisfaction of that architect, engineer or other person has
been given to that subcontractor, then, for the purposes of
subsections 1, 2 and 3 of section 21 and section 23, that sub-
contract and any materials placed or furnished or to be
placed or furnished thereunder and any work done or to be
done thereunder shall, so far as concerns any lien thereunder
of that subcontractor, be deemed to have been completed or
placed or furnished not later than the time at which the certi-
ficate was so given. R.S.O. 1960, c. 233, s. 11 (3, 4), amended.

(4) Where an architect, engineer or other person neglects P°"rt order
or refuses to issue and deliver a certihcate upon which pay- certificate
ments are to be made under a contract or subcontract, the

judge or officer having jurisdiction to try an action under
this Act, upon application and upon being satisfied that the
certificate should have been issued and delivered may, upon
such terms and conditions as to costs and otherwise as he
deems just, make an order that the work or materials to which
the certificate would have related has been done or placed
or furnished, as the case may be, and any such order has the
same force and effect as if the certificate had been issued and
delivered by the architect, engineer or other person. New.

(5) Where there is a lien under section 5, the lien is a charge Effeut of
upon the amount directed to be retained by this section in claims on
favour of lien claimants whose liens are derived under persons retained
to whom the moneys so required to be retained are respectively
payable and where there is no lien on the land by virtue of
subsection 2 of section 5, a claim for work done or materials
placed or furnished is a charge upon the amount directed to

be retained by this section. R.S.O. 1960, c. 233, s. 11 (5),
amended. "^H

good faith
without
notice of
lien

(6) All payments up to 85 per cent as fixed by subsection 1 ^^de'tn''
and payments permitted as a result of the operation of sub-
sections 2 and 3 made in good faith by an owner to a contractor,
or by a contractor to a subcontractor, or by one subcontractor
to another subcontractor, before notice in writing of the lien

given by the person claiming the lien to the owner, contractor
or subcontractor, as the case may be, operate as a discharge
pro tanlo of the lien.

(7) Payment of the percentage required to be retained per'^^iftage'^
under this section may be validly made so as to discharge all d"B%arge
claims in respect of such percentage after the expiration of of "ens
the period of thirty-seven days mentioned in subsection 1

unless in the meantime proceedings have been commenced to
enforce any lien or charge against the percentage as provided
by sections 22 and 23, in which case the owner may pay the
percentage into court in the proceedings, and such payment
constitutes valid payment in discharge of the owner to the
amount thereof.

(8) Every contract shall be deemed to be amended in so far of"Jontr'Sct'8
as is necessary to be in conformity with this section. R.S.O.

I960, c. 233, s. 11 (5-9).

(9) Where the contractor or subcontractor makes default p'^rce^ntage
in completing his contract, the percentage required to be |Jo^,^°|j'^e
retained shall not, as against any lien claimant who by virtue

Payments
made
directly
by owner
to persons
entitled to
lien

of subsection 5 has a charge thereupon, be appHed by the
owner, contractor or subcontractor to the completion of the
contract or for any other purpose nor to the payment of
damages for the non-completion of the contract by the con-
tractor or subcontractor nor in payment or satisfaction of
any claim against the contractor or subcontractor. R.S.O.
1960, c. 233, s. 11 (9), amended.

12. If an owner, contractor or subcontractor makes a
payment to any person entitled to a Hen under section 5
or to any person who but for subsection 2 of that section
would be entitled to a lien under that section, for or on
account of any debt, justly due to him for work done or
for materials placed or furnished to be used as therein men-
tioned, for which he is not primarily liable, and within three
days afterwards gives written notice of the payment to the
person primarily liable, or his agent, the payment shall be
deemed to be a payment on his contract generally to the con-
tractor or subcontractor primarily liable but not so as to
affect the percentage to be retained by the owner as provided
by section 11. R.S.O. 1960, c. 233, s. 12 (1), amended.

Rights of
subcon-
tractor

13. Every subcontractor is entitled to enforce his lien not-
withstanding the non-completion or abandonment of the
contract by any contractor or subcontractor under whom he
claims. R.S.O. 1960, c. 233, s. 12 (2).

Priority of
lien

among
lienholder?

Mortgage
given to
person
entitled to
lien void aa
against lien-
holders

(3) Any conveyance, mortgage or charge of or on land
given to any person entitled to a lien thereon under this Act
in payment of or as security for any such claim, whether

given before or after such lien claim has arisen, shall, as
against other parties entitled to liens under this Act, on any
such land be deemed to be fraudulent and void. R.S.O. 1960,
c. 233, s. 13 (2, 3).

PRIORITY OF WAGES

15. — (1) Every workman whose lien is for wages has^gjf/fo^"'^
priority to the extent of thirty days wages over all other liens '^asea
derived through the same contractor or subcontractor to the
extent of and on the 15 per cent directed to be retained by
section 11 to which the contractor or subcontractor through
whom the lien is derived is entitled, and all such workmen
rank thereon pari passu.

(2) Every workman is entitled to enforce a lien in respect |'j-g"j[9^<''"3
of any contract or subcontract that has not been completed such oases
and, notwithstanding anything to the contrary in this Act,

may serve a notice of motion on the proper i^ersons, returnable
in four days after service thereof before the judge or officer
having jurisdiction to try an action under this Act, that the
applicant will on the return of the motion ask for judgment on
his claim for lien, registered particulars of which shall accom-
pany the notice of motion duly verified by affidavit.

(3) If the contract has not been completed when the lien ^g*'^^n*ag"/
is claimed by a workman, the percentage shall be calculated ^^^J" i^°^'
on the value of the work done or materials placed or furnished fulfilled
by the contractor or subcontractor by whom the workman

is employed, having regard to the contract price, if any.

(4) Every device by an owner, contractor or subcontractor °/fga't*^ '"
to defeat the priority given to a workman for his wages priority of

, r , fir- • vvorkmen

and every payment made for the purpose of defeatmg or im-
pairing a lien are void. R.S.O. 1960, c. 233, s. 14, amended.

REGISTR-^TION

16.— (1) A claim for a lien may be registered in the proper ^f^^f/^fjjf*'""
registry office and shall set out, '^'"' ''^"

(a) the name and an address for service of the person
claiming the lien and of the owner or of the ]>erson
whom the person claiming the lien, or his agent,
believes to be the owner of the land, and of the person
for whom the work was or is to be done, or the
materials were or are to be placed or furnished, and
the time within which the same was or was to be
done or placed or furnished;

(b) a short description of the work done or to be done,
or the materials placed or furnished or to be placed
or furnished;

R.S.O. 1960,
cc. 204, 348

(d) a description of the land as required by The Land
Titles Act or The Registry Act and the regulations
thereunder, as the case may be; and

(e) the date of expiry of the period of credit if credit
has been given. R.S.O. 1960, c. 233, s. 16 (1),
amended.

Verification
of claim

(2) The claim shall be verified in duplicate by the affidavit
of the person claiming the lien, or of his agent or assignee
who has a personal knowledge of the matters required to be
verified, and the affidavit of the agent or assignee shall state
that he has such knowledge.

Lien

against

railway

(3) When it is desired to register a claim for lien against a
railway, it is sufficient description of the land of the railway
company to describe it as the land of the railway company,
and every such claim shall be registered in the general register
in the office for the registry division within which the lien is
claimed to have arisen. R.S.O. 1960, c. 233, s. 16 (2, 3).

What may
be included
in claim

17. — (1) A claim for lien may include claims against any
number of properties, and any number of persons claiming
liens upon the same property may unite therein, but, where
more than one lien is included in one claim, each claim for
lien shall be verified by affidavit as provided in section 16.

ment'of°" (2) The judge or officer trying the action has jurisdiction

claims equitably to apportion against the respective properties the

amounts included in any claim or claims under subsection 1.

R.S.O. 1960, c. 233, s. 17, amended.

Informality jg. — (1) Substantial compliance with sections 16, 17 and
29 is sufficient and no claim for lien is invalidated by reason of
failure to comply with any of the requirements of such sections
unless, in the opinion of the judge or officer trying the action,
the owner, contractor or subcontractor, mortgagee or other
person is prejudiced thereby, and then only to the extent to
which he is thereby prejudiced.

ne^ce'ssary °" (2) Xothing in this Section dispenses with the requirement
of registration of the claim for lien. R.S.O. 1960, c. 233, s, 18,
amended.

Section 21. As a result of further submissions and research, the
O.L.[<.C. Supp. Rep., p. 8, recommends that the "umbrella principle"
of the Act, which appeared as subsection 5 of section 21 of Bill 190, be
dropped. The result will be that all lien claimants must register their
claims, thus greatly facilitating the trial of some mechanics' lien actions.

The requirement for registration of certificates of action is to be

found in section 22 (2) of this Bill.

19. A duplicate of the claim for lien, bearing the registrar's fe^nied*'* '°
certificate of registration, shall be filed on or before the trial

of the action, where the action is to be tried in the County of
York, in the office of the master of the Supreme Court, or,
where the action is to be tried elsewhere, in the office of the
clerk of the county or district court of the county or district
in which the action is to be tried. R.S.O. 1960, c. 233,
s. 19 (1), amended.

20. Where a claim is so registered, the person entitled to ^f*}?^!^

a lien shall be deemed to be a purchaser pro tanlo and a claimant
purchaser within the provisions of The Registry Act and TAe R.s.o. i960,
Land Titles Act, but, except as herein otherwise j^rovided,
those Acts do not apply to any lien arising under this Act.
R.S.O. 1960, c. 233, s. 20, amended.

21. — (1) A claim for lien by a contractor or subcontractor Jjj^J'f°j.f
in cases not otherwise jjrovided for may be registered before ""eKistration
or during the performance of the contract or of the subcontract
or within thirty-seven days after the completion or abandon-
ment of the contract or of the subcontract, as the case may
be. R.S.O. 1960, c. 233, s. 21 (1).

(2) A claim for lien for materials may be registered before Mater'au
or during the placing or furnishing thereof, or within thirty-
seven days after the placing or furnishing of the last material

so placed or furnished. R.S.O. 1960, c. 233, s. 21 (2), amended.

(3) A claim for lien for services may be registered at any services
time during the performance of the service or within thirty-
seven days after the comjiletion of the service. R.S.O. 1960,

c. 233, s. 21 (3).

(4) A claim for lien for wages may be registered at any time wages
during the doing of the work for which the wages are claimed

or within thirty-seven days after the last work was done for
which the lien is claimed. R.S.O. 1960, c. 233, s. 21 (4),
anievded.

(5) Where there is no lien on the land by virtue of subsec- Notice^ of
tion 2 of section 5, any person who is asserting a claim under holdback
subsection 5 of section 11 for work done or materials placed

or furnished shall give notice in writing of his claim to the
owner, to every person in whose hands are sums retained
under section 11 to whicii his claim may relate and to the
municipality in which the land is situate within thirty-seven
days after the completion or abandonment of the work or
the placing or furnishing of the materials. New. "^Pl

Expiry of
liens

EXPIRY AND DISCHARGE

22. — (1) Every lien for which a claim is not registered
ceases to exist on the expiration of the time limited in section 2 1
for the registration thereof.

Registration
of certificate
of action

(2) Upon an action under this Act being commenced, a
certificate thereof shall be registered in the registry office in
which the claim for lien is registered. R.S.O. 1960, c. 233,

s. 22 (1), part, amended.

Vacating
orders

(3) Where a certificate of action has been registered for
two years or more in the registry office and no appointment
has been taken out for the trial of the action, the judge or an
officer having jurisdiction to try the action may, upon the
application ex parte of any interested person, make an order
vacating the certificate of action and discharging all liens
depending thereon. R.S.O. 1960, c. 233, s. 22, amended.

23. Every lien for which a claim is registered ceases to

When lien

to cease . . . r .

If registered exist On the expiration of ninety days after the work has been

and not , , , -ii, , , r • , ,

proceeded completed or the materials have been placed or furnished, or
^^°^ after the expiry of the period of credit, where such period is

mentioned in the registered claim for lien, unless in the
meantime an action is commenced to realize the claim or in
which a subsisting claim may be realized, and a certificate is
registered as provided by section 22. R.S.O. 1960, c. 233, s. 23,
amended.

Assignment
or death of
lien
claimant

24. The rights of a lien claimant may be assigned by an
instrument in writing and, if not assigned, upon his death
pass to his personal representative. R.S.O. 1960, c. 233, s. 24,
amended.

Discharge
of lien

25. — (1) A claim for lien may be discharged by the regis-
tration of a receipt acknowledging payment,

(a) where made by a lien claimant that is not a corpora-
tion, signed by the lien claimant or his agent duly
authorized in writing and verified by affidavit; or

(6) where made by a lien claimant that is a corporation,
sealed with its corporate seal. R.S.O. 1960, c. 233,
s. 25 (1), amended.

Security or
payment

(2) Upon application, the judge or officer having jurisdic-

and vacating ^'°" ^'^ ^'^y '^^ action may, at any time,

(a) allow security for or payment into court of the
amount of the claim of the lien claimant and the
amount of the claims of any other subsisting lien

lien and
certificate
of action

Section 25. A number of changes in language have been made in
order to clarify the intent, especially subsection 6 as to notice. See
O.L.R.C. Supp. Rep., p. 9.

claimants together with such costs as he may fix,
and thereupon order that the registration of the
claim for lien or liens and the registration of the
certificate of action, if any, be vacated;

(b) upon any other proper ground, order that the regis-
tration of the claim for lien or liens and the regis-
tration of the certificate of action, if any, be vacated;
or

(3) Notwithstanding sections 22 and 23, where an order Effect of

, ..,,.. 11, , order under

to vacate the registration of a hen is made under clause a or osubs. 2,
of subsection 2, the lien does not cease to exist for the reason ' ^- " °'^
that no certificate of action is registered.

(4) Any money so paid into court, or any bond or other Money paid

. / . r ... , ■'. . , Into court

security for securing the like amount and satisfactory to the
judge or officer, takes the place of the property discharged
and is subject to the claims of every person who has at the
time of the application a subsisting claim for lien or given
notice of the claim under subsection 6 of section 11 or section
14 to the same extent as if the money, bond or other security
was realized by a sale of the property in an action to enforce
the lien, but such amount as the judge or officer finds to be
owing to the person whose lien has been so vacated is a first
charge upon the money, bond or other security.

(5) Where the certificate required by section 22 or 23 whej-e notice
has not been registered within the prescribed time and an tion to

,. . . ° , ,'. . , ,. vacate not

application is made to vacate the registration of a claim requisite

for lien after the time for registration of the certificate, the

order vacating the lien may be made ex parte upon production

of a certificate of search under The Land Titles A ct or of a regis- r.s.o. i960.

trar's abstract under The Registry Act, as the case may be,"^"^' ^"^^ ^**

together with a certified copy of the registered claim for lien.

R.S.O. 1960, c. 233, s. 25 (5-7), amended.

(6) Where money has been paid into court or a bond ^lonTy out ^
deposited in court pursuant to an order under subsection 2,°'^<'°"'"'
the judge or officer may, ujxjn such notice to the parties as he
may require, order the money to be paid out to the persons
entitled thereto or the delivery up of the bond for cancellation,
as the case may be. 1961-62, c. 78, s. 1, amended.

(7) An order discharging a claim for lien or vacating a "^eKistj-^ation
certificate of action shall be registered by registering the
order or a certificate thereof, under the seal of the court, that

oo'^204^848' includes a description of the land as required by The Land
Titles Act or The Registry Act and the regulations thereunder,
as the case may be, and a reference to the registration number
of every registered claim for lien and certificate of action
affected thereby. 1966, c. 84, s. 1, amended.

EFFECT OF TAKING SECURITY OR EXTENDING TIME

generally 26. — (1) The taking of any security for, or the acceptance

of any promissory note or bill of exchange for, or the taking
of any acknowledgment of the claim, or the giving of time
for the payment thereof, or the taking of any proceedings for
the recovery, or the recovery of a personal judgment for the
claim, does not merge, waive, pay, satisfy, prejudice or destroy
the lien unless the lien claimant agrees in writing that it has
that effect. R.S.O. 1960, c. 233, s. 26 (1).

perkfd (2) Where any such promissory note or bill of exchange

of credit has been negotiated, the lien claimant does not thereby lose
not expired . ° . , ,. .. , . .... , . -' .

his right to claim lor hen if, at the time of bringing his action

to enforce it or where an action is brought by another lien

claimant, he is, at the time of proving his claim in the action,

the holder of such promissory note or bill of exchange.

Time for (3) Nothing in subsection 2 extends the time limited bv

bringing , > '. , ,'^. . . , . . , ..

action not this Act lor bringing an action to enforce a claim tor lien.

extended " *"

bri'nging'^ (^) ^ person who has extended the time for payment of a

action by claim for which he has a claim for lien in order to obtain the

person who , ^ , . r

gave time benefit of this section shall commence an action to enforce
the claim within the time prescribed by this Act and shall
register a certificate as required by sections 22 and 23, but no
further proceedings shall be taken in the action until the
expiration of such extension of time. R.S.O. 1960, c. 233,
s. 26 (2-4), amended.

ciairn"in 27. Where the period of credit in respect of a claim has not

anotiier'^ expired or there has been an extension of time for payment of
person j-^g claim, the lien claimant may nevertheless, if an action is

commenced b}- any other person to enforce a claim for lien
against the same property, prove and obtain payment of his
claim in the action as if the period of credit or the extended
time had expired. R.S.O. 1960, c. 233, s. 27, amended.

LIEN CLAIM.^NT'S RIGHTS TO INFORMATION

Production 28. — (1) Anv lien claimant may in writing at any time

of contract \ / ^ j a j

or^^agree- demand of the owner or his agent the production, for inspec-
tion, of the contract or agreement with the contractor for
or in respect of which the work was or is to be done or the

ment

Section 29. Xo change in principle from the present Act.

(2) Any lien claimant may in writing at any time demand of of^mon^-"'
a mortgagee or unpaid vendor or his agent the terms of anye^Bee or
mortgage on the land or of any agreement for the purchase of vendor
the land in respect of which the work was or is to be done or the
materials were or are to be placed or furnished and a statement
showing the amount advanced on the mortgage or the amount

owing on the agreement, as the case may be, and, if the mort-
gagee or vendor or his agent fails to inform the lien claimant at
the time of the demand or within a reasonable time thereafter
of the terms of the mortgage or agreement and the amount
advanced or owing thereon or if he knowingly falsely states
the terms of the mortgage or agreement and the amount
owing thereon and the lien claimant sustains loss by the refusal
or neglect or misstatement, the mortgagee or vendor is liable
to him for the amount of the loss in an action therefor or in
any action for the enforcement of a lien under this Act, and
subsection 4 of section 38 applies.

(3) The judge or officer having jurisdiction to try an action of Contract
under this Act may, on a summary application at any time ^enf''®®"
before or after an action is commenced for the enforcement of

the claim for lien, make an order requiring the owner or his
agent or the mortgagee or his agent or the unpaid vendor or
his agent or the contractor or his agent or the subcontractor or
his agent, as the case may be, to produce and permit any
lien claimant to inspject any such contract or agreement or
mortgage or agreement for sale or the accounts or any other
relevant document upon such terms as to costs as the judge
or officer deems just. R.S.O. 1960, c. 233, s. 28, amended.

ACTIONS

29.— (1) A claim for lien is enforceable in an action in the Ho^j.°J||Jfg
Supreme Court.

statement
of claim,
filing of

(2) An action under this section shall be commenced by
filing a statement of claim in the office of the local registrar
of the Supreme Court in the county or district in which the
land or part thereof is situate.

Idem,
service

(3) The statement of claim shall be served within thirty
days after it is filed, but the judge having jurisdiction to try
the action or, in the County of York, the master may extend
the time for service.

of^defen^e (^) ^^^ '•'"^^ ^°'' delivering the statement of defence in the

action shall be the same as for entering an appearance in an
action in the Supreme Court.

Parties (5) It is not necessary to make any lien claimants parties

defendant to the action, but all lien claimants served with the
notice of trial shall for all purposes be deemed to be parties
to the action.

Motion
to speed
trial

(6) After the commencement of the action, any lien claim-
ant or other person interested may apply to the judge having
jurisdiction to try the action or, in the County of York,
a judge of the Supreme Court to speed the trial of the action.
R.S.O. 1960, c. 233, s. 29, amended.

Lien

claimants
joining in
action

30. Any number of lien claimants claiming liens on the
same land may join in an action, and an action brought by
a lien claimant shall be deemed to be brought on behalf of
himself and all other lien claimants. R.S.O. 1960, c. 233, s. 30,
amended.

Tribunal
and place
of trial

31. — (1) Except in the County of York, the action shall
be tried by the local judge of the Supreme Court in the
county or district in which the action was commenced, but,
upon the application of any party or other interested person
made according to the practice of the Supreme Court and upon
notice, the court may direct that the action be tried by a
judge of the Supreme Court at the regular sittings of the
court for the trial of actions in the county or district in which
the action was commenced. R.S.O. 1960, c. 233, s. 31 (1, 2).

Idem,

York

County

(2) In the County of York, the action shall be tried by a
judge of the Supreme Court, but,

R.S.O. I960,
c. 197

Section 31. The O.L.R.C. Supp. Rep., p. 10, recommends that as
there is no relationship between subsections 1 and 2 of section 31 of Bill
190, subsection 1 should be renumbered as section 31, subsections 2 to 7
renumbered as subsections 1 to 6 of a new section 32 and the following
sections renumbered accordingly. This recommendation is implemented.

(b) at the trial, a judge of the Supreme Court may direct
a reference to the master pursuant to section 68 or 69
of The Judicature Act. R.S.O. 1960, c. 233, s. 31 (3), Rf39- iseo.
amended.

(3) Where on motion the whole action is referred to the to^leraside
master for trial, any person brought into the proceedings i"re^ung'a
subsequent thereto and served with a notice of trial may ''*'^®'"^"'^"^
apply to a judge of the Supreme Court to set aside the judg-
ment directing the reference within seven days after service

of notice of trial and, if such person fails to make such appli-
cation, he is bound by such judgment as if he were originally
a party thereto.

(4) Where the action is referred to the master for trial, he^^j^^j^^j
may grant leave to amend any pleading. R.S.O. 1960, c. 233, pleadings

, °, , _. ■' '^ ° on reference

S. 31 (4, 5).

32. The local judges of the Supreme Court and the^ica"^"'^
master to whom a reference for trial has been directed, in4\cfo*, etc.
addition to their ordinary powers, have all the jurisdiction,

powers and authority of the Supreme Court to try and com-
pletely dispose of the action and questions arising therein and
all questions of set-ofT and counterclaim arising under the
building contract or out of the work done or materials fur-
nished to the property in question. R.S.O. 1960, c. 233.
s. 32 (1), amended.

33. Where an owner enters into an entire contract for traa'^covera
the supply of materials to be used in several buildings, the |fy jf^f^^g
person supplying the materials may ask to have his lien follow

the form of the contract and that it be for an entire sum upon
all the buildings, but, in case the owner has sold one or more of
the buildings, the judge or officer trying the action has juris-
diction equitably to apportion against the respective buildings
the amount included in the claim for lien under the entire
contract. R.S.O. 1960, c. 233, s. 32 (2), amended.

34. — (1) At any time after the delivery of the statement fppnlnt a
of claim, the judge or officer having jurisdiction to try therln^'/lfid'^
action may, on the application of any lien claimant, mort- profits
gagee or other person interested, appoint a receiver of the
rents and profits of the property against which the claim for
lien is registered, upon such terms and upon the giving of
such security or without security as the judge or officer deems
just.

(2) Any lien claimant, mortgagee or other person interested d'j^ecT '°
may make an application to the judge or officer at any time^^'^^^^^
before or after judgment, which may hear viva voce or affidavit trustee

Property
offered for
sale

(3) Any property directed to be sold under subsection 2
may be offered for sale subject to any mortgage or other
charge or encumbrance if the judge or officer so directs.

Proceeds
to be paid
into court

(4) The proceeds of any sale made by a trustee or trustees
under subsection 2 shall be paid into court and are subject
to the claims of all lien claimants, mortgagees or other persons
interested in the property so sold as their respective rights are
determined, and, in so far as applicable, section 39 applies.

Orders for
completion
of sale

(5) The judge or officer shall make all necessary orders for
the completion of any mortgage, lease or sale authorized to
be made under subsection 2.

Vesting
of title

(6) Any vesting order made of property sold by a trustee
or trustees appointed under subsection 2 vests the title of the
property free from all claims for liens, encumbrances and
interests of any kind including dower, except in cases where
sale is made subject to any mortgage, charge, encumbrance
or interest as hereinbefore provided, but nothing in this
section or elsewhere in this Act shall be deemed to extinguish
the right to dower, if any, of any married woman or the right
to have the value of her dower ascertained and deducted
from the proceeds of the sale so paid into court. R.S.O. 1960,
c. 233, s. 32 (3-8), amended.

Order for
preserva-
tion of
property

35. At any time after delivery of the statement of claim
and before judgment, or after judgment and pending the
hearing and determination of any appeal, any lien claimant,
mortgagee or other interested person may make an application
to the judge or officer having jurisdiction to try the action,
who may hear viva voce or affidavit evidence or both and make
an order for the preservation of any property pending the
determination of the action and any appeal. New.

36. Where more actions than one are brought to realize ^°"^°|:''J*'
liens in respect of the same land, the judge or officer having a' tions
jurisdiction to try the action may, on the application of any

party to any one of the actions or on the application of any
other person interested, consolidate all such actions into one
action and award the conduct of the consolidated action to
any plaintiff as the judge or officer deems just. R.S.O. 1960,
c. 233, s. 33, amended.

37. Any lien claimant entitled to the benefit of an action eVrriage'^o"^
may at any time apply to the judge or officer having jurisdic- proreedingg
tion to try the action for the carriage of the proceedings, and

the judge or officer may make an order awarding such lien
claimant the carriage of the proceedings. R.S.O. 1960, c. 233,
s. 34, amended.

38.— (1) After the delivery of the statement of deience ^^^%"/"'«
where the plaintiff's claim is disputed, or after the time for""'*'
delivery of defence in all other cases, either party may apply
ex parte to a judge or officer having jurisdiction to try the
action to fix a day for the trial thereof, and the judge or
officer shall appoint the time and place of trial, and the order,
signed by the judge or officer, shall form part of the record of
the proceedings.

(2) The party obtaining an appointment for the trial shall, triaVa^nd
at least ten clear days before the day ai)ix)inted, serve notice ^*''''"®
of trial upon the solicitors for the defendants who appear

by solicitors and upon the defendants who appear in person,
and upon all the lienholders who have registered their claims
as required by this Act or of whose claims he has notice, and
upon all other persons having any charge, encumbrance
or claim on the land subsequent in priority to the lien, who
are not parties, and such service shall be personal unless
otherwise directed by the judge or officer who may direct in
what manner the notice of trial is to be served.

(3) Where any person interested in the land has been ""^
served with a statement of claim and makes default in de-
livering a statement of defence, he shall nevertheless be served
w'<th notice of trial and is entitled to defend on such terms as

to costs and otherwise as the judge or officer having jurisdic-
tion to try the action deems just.

(4) The judge, or where a reference for trial is directed, the
master,

(a) shall try the action, including any set-off and counter-
claim, and all questions that arise therein or that are
necessary to be tried in order to completely dispose

of the action and to adjust the rights and liabilities
of the persons appearing before him or upon whom
notice of trial has been served;

(i) in the case of a judge, in a judgment, and

(ii) in the case of a master, in a report,

which judgment or report may direct payment forth-
with by the person or persons primarily liable to
pay the amount of the claims and costs as ascertained
by the judgment or report, and execution may be
issued therefor forthwith in the case of a judgment
and after confirmation thereof, in the case of a report.

varv^fomi of ^^) ^^^ form of the judgment or report may be varied by

judgment the judge or officer in order to meet the circumstances of the

case so as to afford to any party to the proceedings any right

or remedy in the judgment or report to which he may be

entitled.

^"'® (6) The judge or officer may order that the estate or interest

charged with the lien be sold, and may direct the sale to take
place at any time after judgment or confirmation of the report,
allowing, however, a reasonable time for advertising the sale.

uln""^ '" 0) A lien claimant who did not prove his claim at the trial,

who"iiave '~"^ application to the judge or officer before whom the action
not proved or reference was tried, mav be let in to prove his claim, on

their claimB , . , .

at trial such terms as to costs and otherwise as are deemed just, at

any time before the amount realized in the action for the
satisfaction of liens has been distributed, and, where his
claim is allowed, the judgment or report shall be amended
so as to include his claim.

Rjgiit of ^g^ ^j^y jjgj^ claimant for an amount not exceeding $200

to^repre-^ may be represented by an agent who is not a barrister and

mentation solicitor.

be Vried"bV (^) ^^ action or reference under this Act may be tried by
any judge" any judge or officer having jurisdiction to try the action or

reference notwithstanding that the time and place for the
trial or reference thereof were appointed and fixed by another
judge or officer. R.S.O. 1960, c. 233, s. 35, amended.

(10) Any party to an action under this Act or any other Applications
interested person may at any time and from time to time'^''"®°''°"^
apply to a judge or officer having jurisdiction to try the action
or reference for directions as to pleadings, discovery, produc-
tion or any other matter relating to the action or reference,
including the cross-examination of a lien claimant or his
agent or assignee on his affidavit verifying the claim. New.

39. — (1) Where a sale is had, the moneys arising there- where sale
from shall be paid into court to the credit of the action, and '* ''*''
the judge or officer before whom the action was tried shall
direct to whom the moneys in court shall be paid and may
add to the claim of the person conducting the action his fees
and actual disbursements incurred in connection with the sale,
and, where sufficient to satisfy the judgment and costs is
not realized from the sale, he shall certify the amount of the
deficiency and the names of the jjersons who are entitled to
recover the same, showing the amount that each is entitled
to recover and the persons adjudged to pay the same, giving
credit for payments made, if any, under subsection 4 of
section 38, and the persons so entitled may enforce payment
of the amounts so found to be due by execution or otherwise.

(2) The judge or officer before whom the action was tried o "sale* '°"
may make all necessary orders for the completion of the sale
and for vesting the property in the purchaser. R.S.O. 1960,
c. 233, s. 36 (1, 2).

40. Where a lien claimant fails to establish a lien, he may |'^gjj«^» ^
nevertheless recover a personal judgment against any party established
to the action for such sum as may appear to be due to him

and which he might recover in an action against such party.
R.S.O. 1960, c. 233, s. 36 (3).

41. Where property subject to a lien is sold in an action ,^g'^}5*,2ere
to enforce a lien, every lienholder is entitled to share in the *|.'^°8ej<''^^"s
proceeds of the sale in respect of the amount then owing to payable to
him, although the same or part thereof was not payable at proceeds
the time of the commencement of the action or is not then
presently payable. R.S.O. 1960, c. 233, s. 37.

STATED CASE

42. — (1) If in the course of proceedings to enforce a lien a^'^*®'* '^^^
question of law arises, the judge or officer trying the case may,
at the request of any party, state the question in the form of
a stated case for the opinion of the Court of Appeal, and the
stated case shall thereupon be set down to be heard before
the Court of Appeal and notice of hearing shall be served
by the party setting down upon all parties concerned.

Trans-
mission of
papers

(2) The Stated case shall set forth the facts material for
the determination of the question raised, and all papers neces-
sary for the hearing of the stated case by the Court of Appeal
shall be transmitted to the registrar of the Supreme Court.
R.S.O. 1960, c. 233, s. 39, amended.

APPEAL

Appeal 43, — (1) Except where the amount of a judgment in

respect of a claim or counterclaim is §200 or less, an appeal
lies from any judgment under this Act to the Court of Appeal.
R.S.O. 1960, c. 233, s. 40 (1), amended.

re?eren'/e°'" (2) Where a question is referred to the master for inquiry
and report under subsection 2 of section 31, an appeal lies in
the manner prescribed by the rules of court.

Confirma-
tion of
master's
report

(3) Where an action is referred to the master for trial
under subsection 2 of section 31, the report shall be filed and
shall be deemed to be confirmed at the expiration of fifteen
days from the date of service of notice of filing the same,
unless notice of appeal is served within that time.

Appeal
from

judgment
or report

(4) An appeal from a judgment or report made on a refer-
ence for trial lies in like manner and to the same extent as
from the decision of a judge trying an action in the Supreme
Court without a jury. R.S.O. 1960, c. 233, s. 40 (2, 3, 4).

Costs of
appeal

(5) The costs of an appeal shall not be governed by sub-
sections 2 and 3 of section 45 but, subject to any order of the
Court of Appeal, shall be upon the scale of costs allowed in
county court appeals where the amount involved is within the
proper competence of the county court, and, where it exceeds
that amount, upon the Supreme Court scale. R.S.O. 1960,
c. 233, s. 40 (5), amended.

FEES AND COSTS

Fee

44. The fee payable by every plaintiff, every plaintiff by
counterclaim and every lien claimant, including every person
recovering a personal judgment, in any action to realize a lien
under this Act is,

(a) §5 on a claim or counterclaim not exceeding $500;

{b) $10 on a claim or counterclaim exceeding $500 but
not exceeding $1,000;

Section 45. The intent is clarified as recommended by the O.L.R.C
Supp. Rep., p. 11.

but no fee is payable on a claim for wages only, and in no case
shall the fee on a claim exceed $75 or on a counterclaim exceed
$25. R.S.O. 1960, c. 233, s. 41, amended.

45. — (1) Subject to subsections 2, 3, 4 and 5, any order Jj'5fg*^J|°^
as to costs in an action under this Act is in the discretion of provided
the judge or officer who tries the action. R.S.O. 1960, c. 233,
s. 46, amended.

(2) The costs of the action, exclusive of actual disburse- ^ostfto^
ments, awarded to the plaintiffs and successful lienholders, plaintiffs
shall not exceed in the aggregate 25 per cent of the total
amount found to have been actually due on the liens at the

time of the registration thereof, and shall be apportioned and
borne in such proportion as the judge or officer who tries the
action may direct, but in making the apportionment he shall
have regard to the actual services rendered by or on behalf
of the parties respectively, provided that, where a counter-
claim is set up by a defendant, the amount and apportion-
ment of the costs in respect thereof are in the discretion of
the judge or officer who tries the action. R.S.O. 1960, c. 233,
s. 42, amended.

(3) Where costs are awarded against the plaintiff or other ^osts'against
persons claiming liens, they shall not exceed, except in the p'^'"""*
case of a counterclaim, 25 per cent of the claim of the plaintiff

and the other claimants, besides actual disbursements, and
shall be apportioned and borne as the judge or officer who
tries the action may direct. R.S.O. 1960, c. 233, s. 43,
amended.

(4) Where the least expensive course is not taken by a i^ast\xpen^
plaintiff, the costs allowed to him shall in no case exceed 8'jej'^^°i^"g''^e
what would have been incurred if the least expensive course

had been taken. R.S.O. 1960, c. Ui, s. 44.

(5) Where a lien is discharged or vacated under section 25 J^a^^ingand
or where judgment is given in favour of or against a claim ™8isterms^^
for a lien, in addition to the costs of the action, the judge or registration

of lien

officer who tries the action may allow a reasonable amount for
the costs of drawing and registering the claim for lien or of
vacating the registration thereof, but this does not apply where
the claimant fails to establish a valid lien. R.S.O. 1960,
c. 233, s. 45.

RULES OF PRACTICE

46.— (1) The object of this Act being to enforce liens at ^r&^xi°e
the least expense, the procedure shall be as far as possible of
a summary character, having regard to the amount and nature
of the liens in question. R.S.O. 1960, c. 233, s. 47 (1).

Interlocu-
tory proceed-
ings

Assistance
of experts

Rules of
practice

(2) Except where otherwise provided by this Act, no inter-
locutory proceedings shall be permitted without the consent
of the judge or officer having jurisdiction to try the action,
and then only upon proper proof that such proceedings are
necessary.

(3) The judge or officer having jurisdiction to try the action
may obtain the assistance of any merchant, accountant,
actuary, building contractor, architect, engineer or person in
such way as he deems fit, the better to enable him to determine
any matter of fact in question, and may fix the remuneration
of any such person and direct payment thereof by any of the
parties. R.S.O. 1960, c. 233, s. 47 (2, 3), amended.

(4) Unless otherwise provided in this Act, the Rules of
Practice and Procedure of the Supreme Court apply to pro-
ceedings under this Act. New.

SERVICE OF DOCUMENTS

Service of
documents

47. Except where otherwise directed by the judge or
officer having jurisdiction to try the action, all documents
relating to an action under this Act, other than statements
of claim and notices of trial, are sufficiently served upon the
intended recipient if sent by registered mail addressed to the
intended recipient at his address for service. New.

Right of

chattel
lienholder
to sell
chattel

LIENS ON CHATTELS

48. — (1) Every person who has bestowed money, skill or
materials upon any chattel or thing in the alteration or im-
provement of its properties or for the purpose of imparting
an additional value to it, so as thereby to be entitled to a lien
upon the chattel or thing for the amount or value of the money
or skill and material bestowed, has, while the lien exists but not
afterwards, in case the amount to which he is entitled remains
unpaid for three months after it ought to have been paid, the
right, in addition to any other remedy to which he may be
entitled, to sell by auction the chattel or thing on giving one
week's notice by advertisement in a newspaper having general
circulation in the municipality in which the work was done,
setting forth the name of the person indebted, the amount of
the debt, a description of the chattel or thing to be sold, the
time and place of sale, and the name of the auctioneer, and
leaving a like notice in writing at the last known place of
residence, if any, of the owner, if he is a resident of the
municipality.

of^proceeds" ^^^ ^""-'^ person shall apply the proceeds of the sale in

of sale payment of the amount due to him and the costs of advertising

and sale and shall upon application pay over any surplus to the

person entitled thereto. R.S.O. 1960, c. 233, s. 48, amended.

Section 46 — Subsection 4. This new provision implements a recom-
mendation of the O.L.R.C. Supp. Rep., p. 11.

FORMS

49. The Lieutenant Governor in Council may make regu- ^°''™^
lations prescribing forms and providing for their use. New.

MISCELLANEOUS

50. The Mechanics' Lien Act, The Mechanics' Lien Amend- ^2^\^^^^'

ment Act, 1961-62, The Mechanics' Lien Amendment Act,\^^^^^-

1962-63 and The Mechanics' Lien Amendment Act, 1966 arei962-'63.

repealed. i966,"o.84,

repealed

51. This Act comes into force on a day to be named by the ment°'°°*"
Lieutenant Governor by his proclamation.

52. This Act may be cited as The Mechanics' Lien ^c<, S'""'****'*
1968-69.

c»

t-l

f — ^

^— .

•-fc

»-

I/)

X
>

rti

tsi

ri-

v^.

».

tns

»^>

•1

!:«

t«

h- ^

«*.

j3-

fKt

»-*

BILL 36

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

The Mechanics' Lien Act, 1968-69

Mr. Wishart

(Reprinted as amended by the Committee oj the Wliole House)

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Notes

General. In 1965 the Ontario Law Reform Commission undertook
an extensive study of the law in Ontario on mechanics' liens.

A report dated February 22, 1966, was made by the Commission
to the Attorney General containing its recommendations for up-dating
The Mechanics' Lien Act.

The Commission then held public hearings and considered many
submissions which resulted in a supplementary report dated May 26, 1967.

This Bill also contains a number of editorial and other changes,
designed to clarify the intent, that have resulted from the study of Bill 190.

In the following notes the supplementary report of the Commission
is referred to as O.L.R.C. .Supp. Rep.

BILL 36 1968-69

The Mechanics' Lien Act, 1968-69

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

i.-(i) In this Act, i^itor

(a) "completion of the contract" means substantial per-
formance, not necessarily total performance, of the
contract ;

(b) "contractor" means a person contracting with or
employed directly by the owner or his agent for the
doing of work or the placing or furnishing of materials
for any ot the purposes mentioned in this Act;

(i) upon whose credit, or

(ii) on whose behalf, or

(iii) with whose privity or consent, or

(iv) for whose direct benefit,

(e) "registrar" includes a master of titles;

if) "registry office" includes a land titles office;
36

(i) "workman" means a person employed for wages in
any kind of labour, whether employed under a
contract of service or not. R.S.O. 1960, c. 233, s. 1,
amended.

inoludes ^^^ ^" "^^'^ ^''^' ^^^ expression "the doing of work" in-

service eludes the performance of a service, and corresponding expres-

sions have corresponding meanmgs.

performance ("^) ^°'- the purposes of this Act, a contract shall be deemed
to be substantially performed,

(a) when the work or a substantial part thereof is
ready for use or is being used for the purpose in-
tended ; and

(b) when the work to be done under the contract is
capable of completion or correction at a cost of not
more than,

(i) 3 per cent of the first $250,000 of the contract
price,

(ii) 2 per cent of the next $250,000 of the contract
price, and

(iii) 1 per cent of the balance of the contract price.

^'i^"^ (4) For the purposes of this Act, where the work or a sub-

GENERAL

in'^hands'of* ^* — ^^^ "■^" ^ums received by a builder, contractor or sub-
contractors contractor on account of the contract price constitute a trust
fund in his hands for the benefit of the owner, builder, con-
tractor, subcontractor. Workmen's Compensation Board,

Section 1 — Subsections 3 and 4 are new. They are designed to com-
plement the definition of "completion of the contract" and thus speed up
the release of "holdback" moneys.

Subsection 4. Municipal financing is expressly excluded from the
scope of the provision and its intent is clarified as recommended in O.L.R.C.
Supp. Rep., pp. 6, 7.

36 *'

workmen, .11 id pcrsdiis \k In ■ li,i\ ■■ ~i:| .pli'-ii iii,ii itim- ■,:: .hi o;; :.!
ot tlic roiilrart or who li,i\r rriiii-.l i-r jiii| .hhmi ' |r, li.- :;-,i'(i (.:i
the coiilr.K t site, and the liiiiMiT. ( ';i:lr.i( ii.r or ^alh rjii i r.icl ■ ir,
as the rase iiia\' hi-, 1- l!ii- ii!:-;cc n! ,1;! - ii ii -iin:- -m r.-i <-i\rd
b\' liini and In- .^liall \\<<\ ijiproi in tli- or iiin\i-n ,::'. ;i,;ri
tlien-ot lo In- own n^'- or Im 1:. i;-i- i.oi .1 11; in irvrd :i- ''in-
trust nntil all worknaMi and all in-r-oa- \\!im !ia\'- -'appL'-d
materials on the lonir.iit oj- wlm !:a\e ri-nii d 'ii'ni 1: a-nl
to he nse(| i)ii 1 he 1 cint r 11 I -He mil ,dl -';h( nni ra- o.r-- are p ijd
for work done or ni.iterrd-- -iijiplied 'in th" ■ ii;;ira. ' and I he
Workmen's ( nnipeii^.i 1 1< m la, aid i-- pud an\ i--e~-iiMni with
respect tlierelo. R.S.n. l')r,(i, ,. .M?. -. .< ' 1 , ,; a;, ■,-,/, ,/.

1 1 ■ \oUv II ii-l andui,; - nh--i'i i n m I, whei.- ,1 haiM r ' mh- • •■••<'■'"■•
lraeli)r (ir -^nhi I iMl r ,11 l( ■! h i- | .aid n; w hi i],- 1 1; m ^ ,a 1 1- ii a;-
m.ilerial'- >Mj ph''d I 111 ai I < aia I < ■! I h. , 1 .1 1 1 1 , m 1 . n |. ,r ni' it ''d
('(inijinienl nr ha- pud aa\ WMii.m.ai who ii,;^ | ri;.ii;, '■ I ai\
work or ,in\' snhi 1 m 1 1 at li n win' ha- phe -d I 'I I i a a-lad all\
m.lleri.lls ill re--pe( I i,\ ih.- i.iaM.al. t!:e nlc llil'M !'. -''('I

builder, I ( )iil raeii ir 1 1| ^.Ji. ■ a 1 1 r,n in- 1 ■', ,1 ^a- ■ -, ■ ■ pia! '.< ' ' i :e -a a 1
so ] Mid h\ hiiii ^ha II he d.-.-a i.-d ma o . hi- .i\\ .ip| ri >■ ri . ' '- a ■ ir
eoii\-er>i(in 1 Ini ei ,| 1 . p In- mw a a -■• > -r ti 1 aii\ ii-- ma a a 'a ■: : /ei 1
h\- the inisi . U.SM. lOf.o ,. .S\-. -i a . ;i).-ai,-, .•'<■.■'.

i.^i W h.-ie a -nni he. ..• ;.■- p.e, .,hl. la i!ri , i.i-.li.,. ; :,. a ,,;,',;';,, ;,'^'',',V''
colli raeli ii h\ an Mw m r ei; 1 !i,' , I I ; ;lh ite < a .1 p'l -- - - I a. iM ed '" ' "'""
llildei I he I ■ Mil I a. I In aiak'- ai, !i .! . '-i I an a ■ '■..:'

e(|ilal ill 1 he Mini -1 1 . ci I ilii-ij di il i in 1 h' ■ a\ m : ■ '- ■ 1

recei\c-d h\ liini al aii-, linu- liiiii.i'oi -hall, aa'il pa! ai lla
con 1 1 ai li ir . iiai-ailnle a liii-l land n; tin- I'V, aei'- ,aimi- |.i
llle heiii-lil -i| ihe .iiniiiio.i, ■- a In i a a c a I . a , \\'< 'I !^ ; m ii'-
( 01 1 1 pell --,11 II HI I Ii 1,11 ( I , w I 'I iareii , and | -'1 -. a - ',,'11 h . \ e
supplied nialei lal- 1 ill ,a , 1 ainl ■ -; I he . I ai 1 1 ii : i .r w hi i h i\ .
renled e(|iiipnii-iil In h.- ii-cd nil the .nallai! -iii. a'lO : hi
OWlU-l --h.dl Ili'I .ippli I] iria le 111 inlAell a n \ |Mll lllileiil l.i
his (iwii Use 111 III an\ II-'- mi! ,1 al la a i/i d 1 \ I hi ir.l-l aalii
.ill Wiirkineii .iml ,ill pel- n- wlm li,i\i- -iipiihed ".lieii.il- i-:.
llle innli.iil iir \\liii h,i\c 11 nil d iipapiaia; 'e he i:-id ■■:'■.
the iiiiili.iil -ill- .mil ,dl I , 111' 1 .u Ii a - ,aal -iih, i 'iil i .icii ii - ..le
p.lid Inr wnrk dune Ml ai.lli Il.il- -applied na ihe 1 iinll.a 1 ..^l
the \\ I Mknii-n- ( i napeii-.il n ai I'liMid i- pad .a a .i--i---' • a
uilh le-pe. 1 ihi-li-I,,.

(-t) All siiiiis i-(-iei\i-i| li\ .in nwini. nliier lii.ai ,i n ■ a-ai i- . ' ^'.''^..'.'jl.r ''"
Iialitx- .is ,1,-liiird in / /;,- / >,-aa ■ O';--'.-,' a' !/ai-., . a".; ' A ' ::■ ■ h / :'. -. ■' "■""''
or .1 mel ropi ilil.in or n-L^inn il iiaiiiii ip,ihl\ i a ,i !<ii d InMid i. - i). i-.iiin.
tlu-ri-iil. whieli .ire In he Il-ed m lile Iin.iIUIlu. illiiadin^ ihe
puri li.ise ] 11 11 1- 1 1| I he land .iiid I he p.i\ nieiit i a pi ml em nni-
Iir.inces. nl .1 I mill li 11;^. -ii n, tnie ni wm k. i . m-l il ni.-. -aha-i t
to the p.ixmeiil nl tin- piiiih.i-e pi ii e nl llie l.iild .iml pi mr

Exception (5) Notwithstanding subsection 4, where an owner has

Protection
for money
lenders

Offence and
penalty

Limit of
time for
asserting
claims to
trust
moneys

(7) Every person upon whom a trust is imposed by this
section who knowingly appropriates or converts any part of
any trust moneys referred to in subsection 1,3 or 4 to his own
use or to any use not authorized by the trust is guilty of an
offence and on summary conviction is liable to a fine of not
more than $5,000 or to imprisonment for a term of not more
than two years, or to both, and every director or officer of a cor-
poration who knowingly assents to or acquiesces in any such
offence by the corporation is guilty of such offence, in addition
to the corporation, and on summary conviction is liable to a
fine of not more than $5,000 or to imprisonment for a term of
not more than two years, or to both. R.S.O. 1960, c. 233,
s. 3 (2), amended.

3. No action to assert any claim to trust moneys referred
to in section 2 shall be commenced against a lender of money
to a person upon whom a trust is imposed by that section
except,

(o) in the case of a claim by a contractor or subcontractor
in cases not provided for in clauses b, c and d, within
nine months after the completion or abandonment
of the contract or subcontract;

{b) in the case of a claim for materials, within nine
months after the placing or furnishing of the last
material;

Subsection 5. This extension of the "trustee provisions" is new. It
is recommended in O.L.R.C. Supp. Rep., pp. 5-7.

Section 4 — Subsection 2, clause 6. In its original report the Ontario
Law Reform Commission recommended "$2S a day" which is the sum
that appeared in Bill 190.

As a result of further submissions and consideration, the Commission
recommends $35 a day. See O.L.R.C. Supp. Rep., p. 7. The Committee
on Legal and Municipal Bills raised it to $50 a day.

(d) in the case of a claim for wages, within nine months
after the last work was done for which the claim is
made. New.

4. — (1) Every agreement, oral or written, express or Agreements
implied, on the part of any workman that this Act does not application
apply to him or that the remedies provided by it are not are void
available for his benefit is void.

(2) Subsection 1 does not apply. Exception

(a) to a manager, ofiticer or foreman; or

(b) to any person whose wages are more than $50 a day.

(3) No agreement deprives any person otherwise entitled S^?®5* "p?"
to a lien under this Act, who is not a party to the agreement, of agreement
of the benefit of the lien, but it attaches, notwithstanding''*^'"*
such agreement. R.S.O. 1960, c. 233, s. 4, amended.

CREATION OF LIENS

5. — (1) Unless he signs an express agreement to the con- ^|^*''^^' ^
trary and in that case subject to section 4, any person who"e"
does any work upon or in respect of, or places or furnishes any
materials to be used in, the making, constructing, erecting,
fitting, altering, improving or repairing of any land, building,
structure or works or the appurtenances to any of them for any
owner, contractor or subcontractor by virtue thereof has a
lien for the price of the work or materials upon the estate or
interest of the owner in the land, building, structure or works
and appurtenances and the land occupied thereby or enjoyed
therewith, or upon or in respect of which the work is done, or
upon which the materials are placed or furnished to be used,
limited, however, in amount to the sum justly due to the
person entitled to the lien and to the sum justly owing, except
as herein provided, by the owner, and the placing or furnishing
of the materials to be used upon the land or such other place
in the immediate vicinity of the land designated by the owner
or his agent is good and sufficient delivery for the purpose of
this Act, but delivery on the designated land does not make
such land subject to a lien.

(2) Except for the purpose of section 11, the lien given by^^'^^P*'""
subsection 1 does not attach to any public street or highway
or to any work or improvement done thereon.

(3) The lien given by subsection 1 attaches as therein set
out where the materials delivered to be used are incorporated

Lien

attaches

where

Incorporated into the land, building, structure or works, notwithstanding
building that the materials may not have been delivered in strict
accordance with subsection 1.

Interpre-
tation

Lien for

rented

equipment

When
huBband'8
interest
liat)le for
worlf done
or materia!)
furnished
on land of
spouse

6. Where work is done or materials are placed or furnished
to be used upon or in respect of the land of a married woman, or
in which she has an interest or an inchoate right of dower, with
the privity or consent of her husband, he shall be presumed
conclusively to be acting as her agent as well as for himself for
the purposes of this .Act unless before doing the work or
placing or furnishing the materials the person doing the work
or placing or furnisiiing the materials has had actual notice to
the contrary. R.S.O. 1960, c. 233, s. 6, amended.

Where estate
charged is
leasehold

7. — (1) Where the estate or mterest upon which the lien
attaches is leaseliold, the fee simple is also subject to the lien
if the person doing the work or placing or furnishing the
materials gives notice in writing, by personal service, to the
owner in fee simple or his agent of the work to be done or
materials to be placed or furnished unless the owner in fee
simple or his agent within fifteen days thereafter gives notice in
writing, by personal service, to such person that he will not
be responsible therefor.

Forfeiture
or cant.ella-
tion of
lease, effeit
of on lien-
holder

(2) No forfeiture or attempted forfeiture of the lease on
the part of the landlord, or cancellation or attempted cancel-
lation of the lease except for non-pa>iTient of rent, deprives
any jserson otherwise entitled to a lien of the benefit of the
lien, but the person entitled to the lien may pay any rent
accruing after he becomes so entitled, and the amount so paid
mav be added to his claim.

Section 5 — Subsection 5. The intent of the original recommen-
dation of the Ontario Law Reform Commission is claril'ied. It is intended
that the lien for rented equipment is for an amount that is reasonable and
justly due in the particular circumstances. See O.L.R.C. Snpp. Rep., p. 8.

Section 7 — Subsection I. The intent is clarified. See O.L.R.C.
Supp. Rep., p. 8. Also, the notice period is increased from ten to fifteen
days.

(3) Where the land and premises upon or in respect of which mortgages
any work is done or materials are placed or furnished are
encumbered by a mortgage or other charge that was registered

in the proper registry office before any lien under this Act
arose, the mortgage or other charge has priority over all liens
under this Act to the extent of the actual value of the land
and premises at the time the first lien arose, such value to be
ascertained by the judge or officer having jurisdiction to try
an action under this Act.

(4) The time at which the first lien arose shall be deemed to i^n^arose'
be the time at which the first work was done or the first
materials placed or furnished, irrespective of whether a claim

for lien in respect thereof is registered or enforced and whether
or not such lien is before the court. R.S.O. 1960, c. 233, s. 7
(1-4), amended.

(5) Any mortgage existing as a valid security, notwith- advan'eB
standing that it is a prior mortgage within the meaning of
subsection 3, may also secure future advances, subject to
subsection 1 of section 14. R.S.O. 1960, c. 233, s. 7 (5).

(6) A registered agreement for the sale and purchase of^^eement
land and any moneys bona fide secured or payable there- !°[r*g^*^^
under has the same priority over a lien as is provided for ^gl^eprforitT
mortgage and mortgage moneys in subsections 3 and 5, and as mortgage
for the purposes of this Act the seller shall be deemed to be

a mortgagee, and any moneys bona fide secured and payable
under such agreement shall be deemed to be mortgage moneys
bona fide secured or advanced. R.S.O. 1960, c. 233, s. 7 (6),
amended.

8. Where any of the property upon which a lien attaches ^fP,P'^°*^'°°g
is wholly or partly destroyed by fire, any money received
by reason of any insurance thereon by an owner or prior
mortgagee or chargee shall take the place of the property so
destroyed and is, after satisfying any prior mortgage or charge
in the manner and to the extent set out in subsection 3 of
section 7, subject to the claims of all persons for liens to the
same extent as if the money had been realized by a sale of
the property in an action to enforce the lien. R.S.O. 1960,
c. 233, s. 8.

0. Save as herein otherwise provided, the lien does not ^^'^„'^'^o,
attach so as to make the owner liable for a greater sum than Pi^^ifft*
the sum payable by the owner to the contractor. R.S.O.
1960, c. 233, s. 9.

Limit of
lien when
claimed by
other
than oon-
tractor

Holdback

Reduction
in amount
retained

Idem

(2) Where a contract is under the supervision of an archi-
tect, engineer or other person upon whose certificate payments
are to be made and thirty-seven days have elapsed after a
certificate issued by that architect, engineer or other person
to the efifect that the subcontract has been completed to his
satisfaction has been given to the person primarily liable up)on
that contract and to the person who became a subcontractor
by a subcontract made directly under that contract, the
amount to be retained by the person primarily liable upon
that contract shall be reduced by 15 per cent of the sub-
contract price or, if there is no specific subcontract price,
by 15 per cent of the actual value of the work done or materials
placed or furnished under that subcontract, but this subsec-
tion does not operate if and so long as any lien derived under
that subcontract is preserved by anything done under this
Act.

(3) Where a certificate issued by an architect, engineer
or other person to the efifect that a subcontract by which a
subcontractor became a subcontractor has been completed to
the satisfaction of that architect, engineer or other person has
been given to that subcontractor, then, for the purposes of
subsections 1, 2 and 3 of section 21 and section 23, that sub-
contract and any materials placed or furnished or to be
placed or furnished thereunder and any work done or to be
done thereunder shall, so far as concerns any lien thereunder
of that subcontractor, be deemed to have been completed or
placed or furnished not later than the time at which the certi-
ficate was so given. R.S.O. 1960, c. 233, s. 11 (3, 4), amended.

(4) Where an architect, engineer or other person neglects P°4^^ °'J.<*e'"
or refuses to issue and deliver a certificate upon which pay- certificato
ments are to be made under a contract or subcontract, the

judge or officer having jurisdiction to try an action under
this Act, upon application and upon being satisfied that the
certificate should have been issued and delivered may, upon
such terms and conditions as to costs and otherwise as he
deems just, make an order that the work or materials to which
the certificate would have related has been done or placed
or furnished, as the case may be, and any such order has the
same force and efTect as if the certificate had been issued and
delivered by the architect, engineer or other person. New.

(5) Where there is a lien under section 5, the lien is a charge ifJJiig'^and
upon the amount directed to be retained by this section inamJunte"
favour of lien claimants whose liens are derived under persons ''Stained
to whom the moneys so required to be retained are respectively
payable and where there is no lien on the land by virtue of
subsection 2 of section 5, a claim for work done or materials
placed or furnished is a charge upon the amount directed to

be retained by this section. R.S.O. 1960, c. 233, s. 11 (5),
amended.

(6) All payments up to 85 per cent as fixed by subsection 1 mtdTtn"
and payments permitted as a result of the operation of sub- ^"j^^jj^^j"*"
sections 2 and 3 made in good faith by an owner to a contractor, ,1°^''=« °^
or by a contractor to a subcontractor, or by one subcontractor

to another subcontractor, before notice in writing of the lien
given by the person claiming the lien to the owner, contractor
or subcontractor, as the case may be, operate as a discharge
pro tanto of the lien.

(7) Payment of the percentage required to be retained pere^jftage*^
under this section may be validly made so as to discharge all^Ji^^j^
claims in respect of such percentage after the expiration ofofUens
the period of thirty-seven days mentioned in subsection 1

(8) Every contract shall be deemed to be amended in so far of"contraot8
as is necessary to be in conformity with this section. R.S.O.

1960, c. 233, s. 11 (5-9).

(9) Where the contractor or subcontractor makes default perc^e^tage
in completing his contract, the percentage required to be ^^'pi^o^*^®
retained shall not, as against any lien claimant who by virtue

of subsection 5 has a charge thereupon, be applied by the
owner, contractor or subcontractor to the completion of the
contract or for any other purpose nor to the payment of
damages for the non-completion of the contract by the con-
tractor or subcontractor nor in payment or satisfaction of
any claim against the contractor or subcontractor. R.S.O.
1960, c. 233, s. 11 (9), amended.

Payments
made
directly
by owner
to pereonB
entitled to
lien

12. If an owner, contractor or subcontractor makes a
payment to any person entitled to a lien under section 5
or to any person who but for subsection 2 of that section
would be entitled to a lien under that section, for or on
account of any debt, justly due to him for work done or
for materials placed or furnished to be used as therein men-
tioned, for which he is not primarily liable, and within three
days afterwards gives written notice of the payment to the
person primarily liable, or his agent, the payment shall be
deemed to be a payment on his contract generally to the con-
tractor or subcontractor primarily liable but not so as to
affect the percentage to be retained by the owner as provided
by section 11. R.S.O. 1960, c. 233, s. 12 (1), amended.

Rights of
subcon-
tractor

Priority of
lien

Priority

among

lientioldere

Mortgage
given to
person
entitled to

(3) Any conveyance, mortgage or charge of or on land
lien void'ai! given to unv oerson entitled to a lien thereon under this Act

against lien- . ' - . . , , • , l

holders in payment ol or as security for any such claim, whether

PRIORITY OF WAGES

15. — (1) Every workman whose lien is for wages has i^gng" q'^ ""^
priority to the extent of thirty days wages over all other liens ^ages
derived through the same contractor or subcontractor to the
extent of and on the 15 per cent directed to be retained by
section 11 to which the contractor or subcontractor through
whom the lien is derived is entitled, and all such workmen
rank thereon pari passu.

(2) Every workman is entitled to enforce a lien in respect |fe"n°n '"^
of any contract or subcontract that has not been completed 8""=^ ' ases
and, notwithstanding anything to the contrary in this Act,

may serve a notice of motion on the proper persons, returnable
in four days after service thereof before the judge or officer
having jurisdiction to try an action under this Act, that the
applicant will on the return of the motion ask for judgment on
his claim for lien, registered particulars of which shall accom-
pany the notice of motion duly verified by atfidavit.

(3) If the contract has not been completed when the lien pe^rcentag'e'
is claimed by a workman, the i)ercentage shall be calculated J^^p"^°""
on the value of the work done or materials jjlaced or furnished fu'ined

by the contractor or subcontractor by whom the workman
is employed, having regard to the contract price, if any.

(4) Every device by an owner, contractor or subcontractor ^g^^^^'^j®^ '°
to defeat the priority given to a workman for his wages P^Jo^Hy of
and every payment made for the purpose of defeating or im-
pairing a lien are void. R.S.O. 1960, c. 233, s. 14, amended.

REGISTR.'VTION

16.— (1) A claim for a lien may be registered in the i)ropero*f*f|'afm "°"
registry office and shall set out, ^"^ ''*"

R.S.O. 1960,
cc. 204, 348

(b) a short description of the work done or to be done,
or the materials placed or furnished or to be placed
or furnished ;

(d) a description of the land as required by The Land
Titles Act or The Registry Act and the regulations
thereunder, as the case may be; and

(e) the date of expiry of the period of credit if credit
has been given. R.S.O. 1960, c. 233, s. 16 (1),
amended.

Verification
of claim

Lien

against

railway

What may
be included
in claim

17. — (1) A claim for lien may include claims against any
number of properties, and any number of ]>ersons claiming
liens upon the same property may unite therein, but, where
more than one lien is included in one claim, each claim for
lien shall be verified by affidavit as provided in section 16.

menrof""" (2) The judge or officer trying the action has jurisdiction
claims equitably to apportion against the respective properties the

amounts included in any claim or claims under subsection 1.

R.S.O. 1960, c. 233, s. 17, amended.

ne^c^Mary °" (2) Nothing in this section dispenses with the requirement
of registration of the claim for lien. R.S.O. 1960, c. 233, s, 18,
amended.

The requirement for registration of certificates of action is to be
found in section 22 (2) of this Bill.

19. A duplicate of the claim for lien, bearing the registrar's ^"1,','^'^^'® ">
certificate of registration, shall be filed on or before the trial

20. \A'here a claim is so registered, the person entitled to ^f 'Jf^j^

a lien shall be deemed to be a purchaser pro tanto and a''ainiant
purchaser within the provisions of The Reeistry Act and 77ie R.s.o. i960,

-, . . . . <!o 348 204

Land Titles Act, but, except as herein otherwise provided,
those Acts do not api)lv to any lien arising under this Act.
R.S.O. 1960, c. 233, s. 20, amended.

21. — (1) A claim for lien by a contractor or subcontractor f|[JJ^"f°/
in cases not otherwise provided for may be registered before ''eK'stration
or during the performance of the contract or of the subcontract
or within thirty-seven days after the completion or abandon-
ment of the contract or of the subcontract, as the case mav
be. R.S.O. 1960, c. 233, s. 21 (I).

(2) A claim for lien for materials may be registered l>efore Mater'*'"
or during the placing or furnishing thereof, or within thirt>-

seven days after the placing or furnishing of the last material
so placed or furnished. R.S.O. I960, c. 233, s. 21 (2), amended.

(3) A claim for lien for services may be registered at any services
time during the performance of the service or witliin thirty-
seven days after the completion of the service. R.S.O. 1960,

c. 233, s. 21 (3).

(4) A claim for lien for wages may be registered at any time Wages
during the doing of the work for which the wages are claimed

or within thirty-seven days after the last work was done for
which the lien is claimed. R.S.O. 1960, c. 233, s. 21 (4),
amended.

(5) Where there is no lien on the land by virtue of subsec- ^°in°® „ '^
tion 2 of section 5, any person who is asserting a claim under holdback
subsection 5 of section 11 for work done or materials placed

or furnished shall give notice in writing of his claim to the
owner, to every person in whose hands are sums retained
under section 11 to which his claim may relate and to the
municipality in which the land is situate within thirty-seven
days after the completion or abandonment of the work or
the placing or furnishing of the materials. Neu<.

Expiry of
liens

ReglBtratlon
of certificate
of action

EXPIRY AND DISCHARGE

22. — (1) Every lien for which a claim is not registered
ceases to exist on the expiration of the time limited in section 21
for the registration thereof.

(2) Upon an action under this Act being commenced, a
certificate thereof shall be registered in the registry office in
which the claim for lien is registered. R.S.O. 1960, c. 233,

s. 22 (1), part, amended.

ordere'"* (•^) Where a certificate of action has been registered for

two years or more in the registry office and no appointment
has been taken out for the trial of the action, the judge or an
officer having jurisdiction to try the action may, upon the
application ex parte of any interested person, make an order
vacating the certificate of action and discharging all liens
depending thereon. R.S.O. 1960, c. 233, s. 22, amended.

to^ease*" ^^* — ^^^ Every lien for which a claim is registered ceases to

if registered exist on the expiration of ninety days after the work has been

proceeded completed or the materials have been placed or furnished, or

"""" after the expiry of the period of credit, where such period is

mentioned in the registered claim for lien, unless in the

meantime an action is commenced to realize the claim or in

which a subsisting claim may be realized, and a certificate is

registered as provided by section 22. R.S.O. 1960, c. 233, s. 23,

amended.

of'ciahn"" (^) Every claim asserted under subsection 5 of section 11
for work done or materials placed or furnished ceases to exist
on the expiration of ninety days after,

(a) the work has been completed or abandoned ;

{b) the materials have been placed or furnished; or

(c) the expiry of the period of credit, where such period
is mentioned in the notice referred to in subsection 5
of section 21,

unless in the meantime an action under this Act is commenced
to realize the claim or in which a subsisting claim may be
realized.

^'*®'" (3) Subsection 2 of section 22 does not apply to an action

referred to in subsection 2, but sections 29, 30, 31, 32 and 34
to 38 do apply mutatis mutandis to such an action. '^Pl

or^A%a.Vhot ^'^' ^^^ rights of a lien claimant may be assigned by an
Hen instrument in writing and, if not assigned, upon his death

pass to his personal representative. R.S.O. 1960, c. 233, s. 24,

amended.

Section 25. A number of changes in language have been made in
order to clarify the intent, especially subsection 6 as to notice. See
O.L.R.C. Supp. Rep., p. 9.

25. — (1) A claim for lien may be discharged by tiie regis- ^f'JPjJ^*'"*®
tration of a receipt acknowledging payment,

(a) where made by a lien claimant that is not a corpora-
tion, signed by the lien claimant or his agent duly
authorized in writing and verified by affidavit; or

(b) where made by a lien claimant that is a corporation,
sealed with its corporate seal. R.S.O. 1960, c. 233,
s. 25 (1), amended.

(2) Upon application, the judge or officer having jm'isdic-^|°'^'g'^j°''
tion to try the action may, at any time, '"tp court

lien and

(a) allow security for or payment into court of the °^'"^j,^p*^«
amount of the claim of the lien claimant and the
amount of the claims of any other subsisting lien
claimants together with such costs as he may fix,

and thereupon order that the registration of the
claim for lien or liens and the registration of the
certificate of action, if any, be vacated;

(b) upon any other proper ground, order that the regis-
tration of the claim for lien or liens and the regis-
tration of the certificate of action, if any, be vacated;
or

(3) Notwithstanding sections 22 and 23, where an order ^j.^^'j^'J^J^^^^
to vacate the registration of a lien is made under clause a or 6 subs. 2,

,,.,,., ... < Is. a or i

of subsection 2, the hen does not cease to exist for the reason
that no certificate of action is registered.

(4) Any money so paid into court, or any bond or other f^°o"court'''
security for securing the like amount and satisfactory to the

14 to the same extent as if the money, bond or other security
was realized by a sale of the property in an action to enforce
the lien, but such amount as the judge or officer finds to be
owing to the person whose lien has been so vacated is a first
charge upon the money, bond or other security.

(5) Where the certificate required by section 22 or 23 where notice
has not been registered within the prescribed time and ^^^ vacate not
application is made to vacate the registration of a claim requisite
for lien after the time for registration of the certificate, the

order vacating the Hen may be made ex parte upon production
^•^a9; ^if 2' o^ a certificate of search under The Land Titles A ct or of a regis-

CC. Z04, 348 , . T^ • J 1

trar s abstract under The Registry Act, as the case may be,
together with a certified copy of the registered claim for lien.
R.S.O. 1960, c. 233, s. 25 (5-1), amended.

Payment of
money out
of court

Registration
number

(6) Where money has been paid into court or a bond
deposited in court pursuant to an order under subsection 2,
the judge or officer may, upon such notice to the parties as he
may require, order the money to be paid out to the persons
entitled thereto or the delivery up of the bond for cancellation,
as the case may be. 1961-62, c. 78, s. 1, amended.

(7) An order discharging a claim for lien or vacating a
certificate of action shall be registered by registering the
order or a certificate thereof, under the seal of the court, that
includes a description of the land as required by The Land
Titles Act or The Registry Act and the regulations thereunder,
as the case may be, and a reference to the registration number
of every registered claim for lien and certificate of action
affected thereby. 1966, c. 84, s. 1, amended.

Effect
generally

EFFECT OF TAKING SECURITY OR EXTENDING TIME

26. — (1) The taking of any security for, or the acceptance
of any promissory note or bill of exchange for, or the taking
of any acknowledgment of the claim, or the giving of time
for the payment thereof, or the taking of any proceedings for
the recovery, or the recovery of a personal judgment for the
claim, does not merge, waive, pay, satisfy, prejudice or destroy
the lien unless the lien claimant agrees in writing that it has
that effect. R.S.O. 1960, c. 233, s. 26 (1).

(2) Where any such promissory note or bill of exchange
has been negotiated, the lien claimant does not thereby lose
his right to claim for lien if, at the time of bringing his action
to enforce it or where an action is brought by another lien
claimant, he is, at the time of proving his claim in the action,
the holder of such promissory note or bill of exchange.

bri^ling"^ (^) Nothing in subsection 2 extends the time limited by

extended ' ^'^'^ ^^^ ^°^ bringing an action to enforce a claim for lien.

Where
period
of credit
not expired

Time for
bringing
action by
person who

?;ave time
or payment

(4) A person who has extended the time for payment of a
claim for which he has a claim for lien in order to obtain the
benefit of this section shall commence an action to enforce
the claim within the time prescribed by this Act and shall
register a certificate as required by sections 22 and 23, but no
further proceedings shall be taken in the action until the
expiration of such extension of time. R.S.O. 1960, c. 233,
s. 26 (2-4), amended.

27. Where the period of credit in respect of a claim has not^j^^^'"}*
expired or there has been an extension of time for payment of action by

,,. If .• II .,. . another

the claim, the lien claimant may nevertheless, if an action is person
commenced by any other person to enforce a claim for lien
against the same property, prove and obtain payment of his
claim in the action as if the period of credit or the extended
time had expired. R.S.O. 1960, c. 233, s. 27, amended.

LIEN CLAIMANTS RIGHTS TO INFORMATION

28. — (1) Any lien claimant may in writing at any time ^f'"°^J}^^^°5
demand of the owner or his agent the production, for inspec-o"" agree-
tion, of the contract or agreement with the contractor for
or in respect of which the work was or is to be done or the
materials were or are to be placed or furnished, if the contract
or agreement is in writing or, if not in writing, the terms of the
contract or agreement and the state of the accounts between
the owner and the contractor, and, if the owner or his agent
does not, at the time of the demand or within a reasonable
time thereafter, produce the contract or agreement if in writing
or, if not in writing, does not inform the person making the
demand of the terms of the contract or agreement and the
amount due and unpaid upon the contract or agreement or if
he knowingly falsely states the terms of the contract or agree-
ment or the amount due or unpaid thereon and if the person
claiming the lien sustains loss by reason of the refusal or
neglect or false statement, the owner is liable to him for the
amount of the loss in an action therefor or in any action for
the enforcement of a lien under this Act, and subsection 4 of
section 38 applies.

(2) Any lien claimant may in writing at any time demand of f f^mon*-"*
a mortgagee or unpaid vendor or his agent the terms of any gagee or
mortgage on the land or of any agreement for the purchase of vendor
the land in respect of which the work was or is to be done or the
materials were or are to be placed or furnished and a statement
showing the amount advanced on the mortgage or the amount
owing on the agreement, as the case may be, and, if the mort-
gagee or vendor or his agent fails to inform the lien claimant at
the time of the demand or within a reasonable time thereafter
of the terms of the mortgage or agreement and the amount
advanced or owing thereon or if he knowingly falsely states
the terms of the mortgage or agreement and the amount
owing thereon and the lien claimant sustains loss by the refusal
or neglect or misstatement, the mortgagee or vendor is liable
to him for the amount of the loss in an action therefor or in
any action for the enforcement of a lien under this Act, and
subsection 4 of section 38 applies.

Production
of contract
or agree-
ment

ACTIONS

en°forceabTe ^^' — ^^^ ^ claim for lien is enforceable in an action in the
Supreme Court.

of^c'ili^"' (2) An action under this section shall be commenced by

filing of filing a statement of claim in the office of the local registrar

of the Supreme Court in the county or district in which the

land or part thereof is situate.

Idem,
eervice

statement
of defence

(4) The time for delivering the statement of defence in the
action shall be the same as for entering an appearance in an
action in the Supreme Court.

Parties

(5) It is not necessary to make any lien claimants parties
defendant to the action, but all lien claimants served with the
notice of trial shall for all purposes be deemed to be parties
to the action.

Motion
to speed
trial

Lien

claimants
joining in
action

Jnd'pjifce 31. — (1) Except in the County of York, the action shall

of trial {jg tried by the local judge of the Supreme Court in the

county or district in which the action was commenced, but,

Section 29. No change in principle from the present Act.

Section 31. The O.L.R.C. Supp. Rep., p. 10, recommends that as
there is no relationship between subsections 1 and 2 of section 31 of Bill
190, subsection 1 should be renumbered as section 31, subsections 2 to 7
renumbered as subsections I to 6 of a new section 32 and the following
sections renumbered accordingly. This recommendation is implemented.

upon the application of any party or other interested person
made according to the practice of the Supreme Court and upon
notice, the court may direct that the action be tried by a
judge of the Supreme Court at the regular sittings of the
court for the trial of actions in the county or district in which
the action was commenced. R.S.O. 1960, c. 233, s. 31 (1, 2).

(2) In the County of York, the action shall be tried by a \^^^'
judge of the Supreme Court, but, county

(b) at the trial, a judge of the Supreme Court may direct
a reference to the master pursuant to section 68 or 69

of l^he Judicature Act. R.S.O. 1960, c. 233, s. 31 (3), ff^O- iseo.
amended.

(3) Where on motion the whole action is referred to the ^^PJJ'^^Bide
master for trial, any person brought into the proceedings jj'j^Km^n'^
subsequent thereto and served with a notice of trial may reference
apply to a judge of the Supreme Court to set aside the judg-
ment directing the reference within seven days after service

of notice of trial and, if such person fails to make such appli-
cation, he is bound by such judgment as if he were originally
a party thereto.

(4) Where the action is referred to the master for trial, he^mend-

^ ' ' ment of

may grant leave to amend any pleading. R.S.O. 1960, c. 233, pleadings

■■% ^ / a f \ on r6i6r©nc6

s. 31 (4, 5).

32. The local judges of the Supreme Court and thefo^rr*"'
master to whom a reference for trial has been directed, in^s"c*o*, etc
addition to their ordinary powers, have all the jurisdiction,

33. Where an owner enters into an entire contract for j^j}*jf4''®o'^°g%
the supply of materials to be used in several buildings, the se^^erai^^
person supplying the materials may ask to have his lien follow

the form of the contract and that it be for an entire sum upon
all the buildings, but, in case the owner has sold one or more of
the buildings, the judge or officer trying the action has juris-

diction equitably to apportion against the respective buildings
the amount included in the claim for lien under the entire
contract. R.S.O. 1960, c. 233, s. 32 (2), amended.

Power to
appoint a
receiver of
rents and
proflts

Power to
direct
sale and
appoint
trustee

(2) Any lien claimant, mortgagee or other person interested
may make an application to the judge or officer at any time
before or after judgment, which may hear viva voce or affidavit
evidence or both and appoint, upon such terms and upon the
giving of such security or without security as the judge or
officer deems just, a trustee or trustees with power to manage,
mortgage, lease and sell, or manage, mortgage, lease or sell,
the property against which the claim for lien is registered,
and the exercise of such powers shall be under the supervision
and direction of the judge or officer, and with power, when
so directed by the judge or officer, to complete or partially
complete the property, and, in the event that mortgage
moneys are advanced to the trustee or trustees as the result
of any of the powers conferred upon him or them under this
subsection, such moneys take priority over every claim of
lien existing as of the date of the appointment.

Property
offered for
sale

(3) Any property directed to be sold under subsection 2
may be offered for sale subject to any mortgage or other
charge or encumbrance if the judge or officer so directs.

Proceeds
to be paid
Into court

Orders for
completion
of sale

(5) The judge or officer shall make all necessary orders for
the completion of any mortgage, lease or sale authorized to
be made under subsection 2.

Vesting
of title

section or elsewhere in this Act shall be deemed to extinguish
the right to dower, if any, of any married woman or the right
to have the value of her dower ascertained and deducted
from the proceeds of the sale so paid into court. R.S.O. 1960,
c. 233, s. 32 (3-8), amended.

35. At any time after delivery of the statement of claim p^BerJa-
and before judgment, or after judgment and pending the^'o"*^*!

, . 11 •• f J^ i' .» property

hearing and determmation ot any appeal, any hen claimant,
mortgagee or other interested person may make an application
to the judge or officer having jurisdiction to try the action,
who may hear viva voce or affidavit evidence or both and make
an order for the preservation of any property pending the
determination of the action and any appeal. New.

36. Where more actions than one are brought to realize consoUda-
liens in respect of the same land, the judge or officer having actions
jurisdiction to try the action may, on the application of any

37. Any lien claimant entitled to the benefit of an action '"ransfefing

■ 1 1 • 1 rr , ■ ■ ■ ,■ carriage of

may at any time apply to the judge or officer having jurisdic- proceedings
tion to try the action for the carriage of the proceedings, and
the judge or officer may make an o^der awarding such lien
claimant the carriage of the proceedings. R.S.O. 1960, c. 233,
s. 34, amended.

38.— (1) After the delivery of the statement of defence ^^ppo^n''"^
where the plaintiff's claim is disputed, or after the time for trial
delivery of defence in all other cases, either party may apply
ex parte to a judge or officer having jurisdiction to try the
action to fix a day for the trial thereof, and the judge oi
officer shall appoint the time and place of trial, and the order,
signed by the judge or officer, shall form part of the record of
the proceedings.

(2) The ijarty obtaining an apix)intment for the trial shall, SiaVand*^
at least ten clear days before the day appointed, serve notice '""'^■'^'®
of trial upon the solicitors for tiie defendants who appear
by solicitors and upon the defendants who ajipear in i^ersoii.
and upon all the lienholders wiio have registered their claims
as required by this Act or of whose claims he has notice, and
upon all other persons having any charge, encumbrance
or claim on the land subsequent in priority to the lien, who
are not jiarties, and such service shall be personal unless
otherwise directed by the judge or officer who may direct in
what manner the notice of trial is to be served.

^^•"^ (3) Where any person interested in the land has been

served with a statement of claim and makes default in de-
livering a statement of defence, he shall nevertheless be served
with notice of trial and is entitled to defend on such terms as
to costs and otherwise as the judge or officer having jurisdic-
tion to try the action deems just.

'^'■'"^ (4) The judge, or where a reference for trial is directed, the

master,

(o) shall try the action, including any set-off and counter-
claim, and all questions that arise therein or that are
necessary to be tried in order to completely dispose
of the action and to adjust the rights and liabilities
of the persons appearing before him or upon whom
notice of trial has been served;

(i) in the case of a judge, in a judgment, and
(ii) in the case of a master, in a report,

Power to (5) The form of the judgment or report may be varied by

vary form ol V , „ .■','' , . ^ , ^,

judgment the judge or orticer m order to meet the circumstances oi the
case so as to afford to any party to the proceedings any right
or remedy in the judgment or report to which he may be
entitled.

s*'® (6) The judge or officer may order that the estate or interest

charged with the lien be sold, and may direct the sale to take
place at any time after judgment or confirmation of the report,
allowing, however, a reasonable time for advertising the sale.

Letting in ... . ■ • l • i

",«'} . (7) A lien claimant who did not prove his claim at the trial,

claimants ,. . ' , • , rr i r i i

who have on application to the judge or ofhcer before whom the action
their <'iainiH Of reference was tried, may be let in to prove his claim, on

at trial

such terms as to costs and otherwise as are deemed just, at
any time before the amount realized in the action for the
satisfaction of liens has been distributed, and, where his
claim is allowed, the judgment or report shall be amended
so as to include his claim.

(8) Any lien claimant for an amount not exceeding $200i^e'n*" °'^
may be represented by an agent who is not a barrister and ^J|^}.™^i.^^*

solicitor. eentation

(9) An action or reference under this Act may be tried by be tried"bV
any judge or oiificer having jurisdiction to try the action ora">'J"dge
reference notwithstanding that the time and place for the

trial or reference thereof were appointed and fixed by another
judge or officer. R.S.O. 1960, c. 233, s. 35, amended.

(10) Any party to an action under this Act or any other Applications
interested person may at any time and from time to time directions
apply to a judge or officer having jurisdiction to try the action

or reference for directions as to pleadings, discovery, produc-
tion or any other matter relating to the action or reference,
including the cross-examination of a lien claimant or his
agent or assignee on his affidavit verifying the claim. A^ew.

30. — (1) Where a sale is had, the moneys arising there- ^^ere sale
from shall be paid into court to the credit of the action, and'» ^^^
the judge or officer before whom the action was tried shall
direct to whom the moneys in court shall be paid and may
add to the claim of the person conducting the action his fees
and actual disbursements incurred in connection with the sale,
and, where sufficient to satisfy the judgment and costs is
not realized from the sale, he shall certify the amount of the
deficiency and the names of the persons who are entitled to
recover the same, showing the amount that each is entitled
to recover and the persons adjudged to pay the same, giving
credit for payments made, if any, under subsection 4 of
section 38, and the persons so entitled may enforce payment
of the amounts so found to be due by execution or otherwise.

(2) The judge or officer before whom the action was tried ^"^le'*"""
may make all necessary orders for the completion of the sale
and for vesting the property in the purchaser. R.S.O. 1960,
c. 233, s. 36 (1, 2).

40. Where a lien claimant fails to establish a lien, he may ,^n'^not
nevertheless recover a personal judgment against any party ^®'^'^'''^*'®^
to the action for such sum as may appear to be due to him
and which he might recover in an action against such party.
R.S.O. 1960, c. 233, s. 36 (3).

henhoiders *^' Where property subject to a lien is sold in an action
whose claims to enforce a lien, every lienholder is entitled to share in the

are not i r i . • r i ,

payable to proceeds of the sale in respect of the amount then owing to
proceeds him, although the same or part thereof was not payable at
the time of the commencement of the action or is not then
presently payable. R.S.O. 1960, c. 233, s. 37.

STATED CASE

Stated case 42. — (1) If in the course of proceedings to enforce a lien a
question of law arises, the judge or officer trying the case may,
at the request of any party, state the question in the form of
a stated case for the opinion of the Court of Appeal, and the
stated case shall thereupon be set down to be heard before
the Court of Appeal and notice of hearing shall be served
by the party setting down upon all parties concerned.

mission of ^^^ ^^^ Stated case shall set forth the facts material for

papers the determination of the question raised, and all papers neces-

sary for the hearing of the stated case by the Court of Appeal
shall be transmitted to the registrar of the Supreme Court.
R.S.O. 1960, c. 233, s. 39, amended.

APPEAL

Appeal

43. — (1) Except where the amount of a judgment in
respect of a claim or counterclaim is $200 or less, an appeal
lies from any judgment under this Act to the Court of Appeal.
R.S.O. 1960, c. 233, s. 40 (1), amended.

refe^rett'ce^""^ (2) Where a question is referred to the master for inquiry
and report under subsection 2 of section 31, an appeal lies in
the manner prescribed by the rules of court.

Confirma-
tion of
master's
report

Appeal
from

judgment
or report

Costs of
appeal

Section 45. The intent is clarified as recommended by the O.L.R.C.
Supp. Rep., p. 11.

FEES AND COSTS

44. The fee payable by every plaintiff, every plaintiff by ^*»
counterclaim and every lien claimant, including every person
recovering a personal judgment, in any action to realize a lien
under this Act is,

(a) $5 on a claim or counterclaim not exceeding $500;

(b) $10 on a claim or counterclaim exceeding $500 but
not exceeding $1,000;

but no fee is payable on a claim for wages only, and in no case
shall the fee on a claim exceed $75 or on a counterclaim exceed
$25. R.S.O. 1960, c. 233, s. 41, amended.

45. — (1) Subject to subsections 2, 3, 4 and 5, any order c^o^8gt8^"jO^
as to costs in an action under this Act is in the discretion of provided
the judge or officer who tries the action. R.S.O. 1960, c. 233,
s. 46, amended.

(2) The costs of the action, exclusive of actual disburse- J"J^^'j°'
ments, awarded to the plaintiffs and successful lienholders, plaintiffs
shall not exceed in the aggregate 25 per cent of the total
amount found to have been actually due on the liens at the

(3) Where costs are awarded against the plaintiff or other ^^^^t of i^^^.
persons claiming liens, they shall not exceed, except in the plaintiffs
case of a counterclaim, 25 jier cent of the claim of the plaintiff

and the other claimants, besides actual disbursements, and
shall be apportioned and borne as the judge or officer who
tries the action may direct. R.S.O. 1960, c. 233, s. 43,
amended.

(4) Where the least expensive course is not taken by aj^°sj\^^®^f
plaintiff, the costs allowed to him shall in no case exceed si ve^^mree
what would have been incurred if the least expensive course

had been taken. R.S.O. 1960, c. 233, s. 44.

drawing and ^^^ Where a lien is discharged or vacated under section 25
registering or where judgment is given in favour of or against a claim
regiBtration for a lien, in addition to the costs of the action, the judge or
officer who tries the action may allow a reasonable amount for
the costs of drawing and registering the claim for lien or of
vacating the registration thereof, but this does not apply where
the claimant fails to establish a valid lien. R.S.O. 1960,
c. 233, s. 45.

Rules of
practice

RULES OF PRACTICE

tory proceed- (2) Except where otherwise provided by this Act, no inter-

ingB locutory proceedings shall be permitted without the consent

of the judge or officer having jurisdiction to try the action,

and then only upon proper proof that such proceedings are

necessary.

Assistance
of experts

Rules of
practice

(4) Unless otherwise provided in this Act, the Rules of
Practice and Procedure of the Supreme Court apply to pro-
ceedings under this Act. New.

SERVICE OF DOCUMENTS

Service of
documents

Right of
chattel
lienholder
to sell
chattel

LIENS ON CHATTELS

Section 46 — Subsection 4. This new provision implements a recom-
mendation of the O.L.R.C. Supp. Rep., p. 11.

unpaid for three months after it ought to have been paid, the
right, in addition to any other remedy to which he may be
entitled, to sell by auction the chattel or thing on giving one
week's notice by advertisement in a newspaper having general
circulation in the municipality in which the work was done,
setting forth the name of the person indebted, the amount of
the debt, a description of the chattel or thing to be sold, the
time and place of sale, and the name of the auctioneer, and
leaving a like notice in writing at the last known place of
residence, if any, of the owner, if he is a resident of the
municipality.

(2) Such person shall apply the proceeds of the sale in of^^ro^eda
payment of the amount due to him and the costs of advertising °^ 8a'«
and sale and shall upon application pay over any surplus to the
person entitled thereto. R.S.O. 1960, c. 233, s. 48, amended.

FORMS

49. The Lieutenant Governor in Council may make regu- ^°^"'^
jtions prescribing forms and providing for their use. New.

MISCELLANEOUS

50. The Mechanics' Lien Act, The Mechanics' Lien Amend-^^si-, ^^^°'

ment Act, 1961-62, The Mechanics' Lien Amendment .4c/, ^^^i-e'z.

1962-63 and The Mechanics' Lien Amendment Act, 1966 are 1962-63,

repealed. i966,'c.84.

repealed

61. This Act comes into force on a day to be named by the Sent""^"*^*
Lieutenant Governor by his proclamation.

52. This Act may be cited as The Mechanics' Lien ^c/, short title
1968-69.

*«».

^-s

S
§

fi.

*>-M

•r

£?

ri-
p-

»t>

to
O

»«

»9

BILL 36

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

The Mechanics' Lien Act, 1968-69

Mr. Wishart

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

BILL 36 1968-69

The Mechanics' Lien Act, 1968-69

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

l.-(l) In this Act, J"'«[P">'

(o) "completion of the contract" means substantial per-
formance, not necessarily total performance, of the

contract;

{b) "contractor" means a person contracting with or
employed directly by the owner or his agent for the
doing of work or the placing or furnishing of materials
for any of the purposes mentioned in this Act;

(i) upon whose credit, or

(ii) on whose behalf, or

(iii) with whose privity or consent, or

(iv) for whose direct benefit,

(e) "registrar" includes a master of titles;

(/) "registry office" includes a land titles office;

(j) "workman" means a person employed for wages in
any kind of labour, whether employed under a
contract of service or not. R.S.O. 1960, c. 233, s. 1,
amended.

hioiudes ^■^^ '" '^^'^ ^^^' *-^^ expression "the doing of work" in-

service eludes the performance of a service, and corresponding expres-

sions have corresponding meanmgs.

perfor^anco (^) ^°^ the purposes of this Act, a contract shall be deemed
to be substantially performed,

(a) when the work or a substantial part thereof is
ready for use or is being used for the purpose in-
tended ; and

(b) when the work to be done under the contract is
capable of completion or correction at a cost of not
more than,

(i) 3 per cent of the first $250,000 of the contract
price,

(ii) 2 per cent of the next $250,000 of the contract
price, and

(iii) 1 per cent of the balance of the contract price.

I'**"" (4) For the purposes of this Act, where the work or a sub-

GENERAL

Trust funds 2. — (1) All sums received by a builder, contractor or sub-
in hands of ^ ' ■' . '
contractors contractor on account of the contract price constitute a trust

fund in his hands for the benefit of the owner, builder, con-
tractor, subcontractor. Workmen's Compensation Board,

workmen, and persons who have supplied materials on account
of the contract or who have rented equipment to be used on
the contract site, and the builder, contractor or subcontractor,
as the case may be, is the trustee of all such sums so received
by him and he shall not appropriate or convert any part
I thereof to his own use or to any use not authorized by the
trust until all workmen and all persons who have supplied
materials on the contract or who have rented equipment
to be used on the contract site and all subcontractors are paid
for work done or materials supplied on the contract and the
Workmen's Compensation Board is paid any assessment with
respect thereto. R.S.O. 1960, c. 233, s. 3 (1), amended.

(2) Notwithstanding subsection 1, wliere a builder, con- ^'^''^p"""
tractor or subcontractor has paid in whole or in jjart for any
materials supplied on account of the contract or for any tented
equipment or has jiaid any workman who has performed any

work or any subcontractor who has placed or furnished any
materials in respect of the contract, the retention by such
builder, contractor or subcontractor of a sum equal to the sum
so paid by him shall be deemed not to be an ajjpropriation or
conversion thereof to his own use or to any use not authorized
by the trust. R.S.O. 1960, c. 233, s. 3 (3), amended.

(3) Where a sum becomes payable under a contract to ^Tn'heLndB^oT
contractor by an owner on the certificate of a person authorized owners
under the contract to make such a certificate, an amount

(4) All sums received by an owner, other than a niunici-^ortg"ag|°"
pality as defined in The Department of Municipal Affairs ^c/«»«-^« '"""s'
or a metropolitan or regional municipality or a local board r.s.o. loeo,
thereof, which are to be used in the financing, including the"' '
purchase price of the land and the payment of prior encum-
brances, of a building, structure or work, constitute, subject

to the payment of the purchase price of the land and prior

encumbrances, a trust fund in the hands of the owner for the
benefit of the persons mentioned in subsection 1, and, until
the claims of all such jjersons have been paid, the owner shall
not appropriate or convert any part thereof to his own use or
to any use not authorized by the trust.

Exception ^5, iSot withstanding subsection 4, where an owner has

Protection (6) Notwithstanding anything in this section, where money

for money . , & , & _ i , , , .

lenders is lent to a person upon whoin a trust is imposed by this

section and is used by him to pay in whole or in part for any
work done, for any materials placed or furnished or for any
rented equipment, trust moneys may be applied to discharge
the loan to the extent that the lender's money was so used
by the trustee, and any sum so applied shall be deemed not
to be an appropriation or conversion to the trustee's own use
or to any use not authorized by the trust. New.

pe'Iraity ^'^'^ (7) Every j^erson upon whom a trust is imijosed by this
section who knowingly appropriates or converts any part of
any trust moneys referred to in subsection 1,3 or 4 to his own
use or to any use not authorized by the trust is guilty of an
offence and on summary conviction is liable to a fine of not
more than $5,000 or to imprisonment for a term of not more
than two years, or to both, and every director or officer of a cor-
poration who knowingly assents to or acquiesces in any such
offence by the corporation is guilty of such offence, in addition
to the corijoration, and on summary conviction is liable to a
fine of not more than $5,000 or to imprisonment for aterm of
not more than two years, or to both. R.S.O. 1960, c. 233,
s. 3 (2), amended.

titueVo/ •^' ^o action to assert any claim to trust moneys referred

clafms'to ^° '" section 2 shall be commenced against a lender of money
trust to a person upon whom a trust is imposed by that section

moneys r- r r- y

excejjt,

(a) in the case of a claim by a contractor or subcontractor
in cases not provided for in clauses b, c and d, within
nine months after the completion or abandonment
of the contract or subcontract;

{b) in the case of a claim for materials, within nine
months after the placing or furnishing of the last
material;

(d) in the case of a claim for wages, within nine months
after the last work was done for which the claim is
made. New.

(2) Subsection 1 does not apply. Exception

(a) to a manager, officer or foreman; or

(b) to any person whose wages are more than $50 a day.

(3) No agreement deprives any person otherwise entitled Effect upon
,. ,,-,,. I third party

to a hen under this Act, who is not a party to the agreement, of agreement

of the benefit of the lien, but it attaches, notwithstanding*^'^"*
such agreement. R.S.O. 1960, c. 233, s. 4, amended.

CKE-^TION OF LIENS

5. — (1) Unless he signs an express agreement to the con-^lge""*! ^
trary and in that case subject to section 4, any person who "en
does any work upon or in respect of, or places or furnishes any
materials to be used in, the making, constructing, erecting,
fitting, altering, improving or repairing of any land, building,
structure or works or the appurtenances to any of them for any
owner, contractor or subcontractor by virtue thereof has a
lien for the price of the work or materials upon the estate or
interest of the owner in the land, building, structure or works
and ap|)urtenances and the land occupied thereby or enjoyed
therewith, or upon or in respect of which the work is done, or
upon which the materials are placed or furnished to be used,
limited, however, in amount to the sum justly due to the
person entitled to the lien and to the sum justly owing, except
as herein provided, by the owner, and the placing or furnishing
of the materials to be used upon the land or such other place
in the immediate vicinity of the land designated by the owner
or his agent is good and sufficient delivery for the jjurpose of
this Act, but delivery on the designated land does not make
such land subject to a lien.

(2) Except for the purpose of section 11, the lien given by^^'^^P"""
subsection 1 does not attach to any public street or highway
or to any work or improvement done thereon.

(3) The lien given by subsection 1 attaches as therein set
out where the materials delivered to be used are incorporated

Lien

attaches

where

incorporated into the land, building, structure or works, notwithstanding

building that the materials may not have been delivered in strict

accordance with subsection 1.

Interpre-
tation

Lien for

rented

equipment

When
bust>and'8
interest
liable for
work done
or materials
furnished
on land of
spouse

Where estate
charged is
leasenold

7. — (1) Where the estate or interest upon which the lien
attaches is leasehold, the fee simple is also subject to the lien
if the person doing the work or placing or furnishing the
materials gives notice in writing, by personal service, to the
owner in fee simple or his agent of the work to be done or
materials to be placed or furnished unless the owner in fee
simple or his agent within fifteen days thereafter gives notice in
writing, by personal service, to such person that he will not
be responsible therefor.

Forfeiture
or cancella-
tion of
lease, effect
of on lien-
holder

(2) No forfeiture or attempted forfeiture of the lease on
the part of the landlord, or cancellation or attempted cancel-
lation of the lease except for non-payment of rent, deprives
any person otherwise entitled to a lien of the benefit of the
lien, but the person entitled to the lien may pay any rent
accruing aftei- he becomes so entitled, and the amount so paid
may be added to his claim.

(3) Where the land and premises upon or in respect of whicii mortgages
any work is done or materials are placed or furnished are
encumbered by a mortgage or other charge that was registered

in the proper registry ofiice before any lien under this Act
arose, the mortgage or other charge has priority over all liens
under this Act to the extent of the actual value of the land
and premises at the time the first lien arose, such value to be
ascertained by the judge or officer having jurisdiction to try
an action under this Act.

(4) The time at which the first lien arose shall be deemed to aen*arose'
be the time at which the first work was done or the first
materials placed or furnished, irrespective of whether a claim

for lien in respect thereof is registered or enforced and whether
or not such lien is before the court. R.S.O. 1960, c. 233, s. 7
(1-4), amended.

(5) Any mortgage existing as a valid security, notwith-^^'a™^
standing that it is a prior mortgage within the meaning of
subsection 3, may also secure future advances, subject to
subsection 1 of section 14. R.S.O. 1960, c. 233, s. 7 (5).

(6) A registered agreement for the sale and purchase of^g®|enfeSt

land and any moneys bona fide secured or payable there- p°frchM'of

under has the same prioritv over a lien as is provided for a '»"<* has

' • 1 • ., 1 r 1 same priority

mortgage and mortgage moneys in subsections 3 and 5, and as mortgage

for the purposes of this Act the seller shall be deemed to be

a mortgagee, and any moneys bona fide secured and payable

under such agreement shall be deemed to be mortgage moneys

bona fide secured or advanced. R.S.O. 1960, c. 233, s. 7 (6),

amended.

8. Where any of the property upon which a lien attaches ^|P|P»cat,k>n^
is wholly or partly destroyed by fire, any money received
by reason of any insurance thereon by an owner or prior
mortgagee or chargee shall take the place of the property so
destroyed and is, after satisfying any prior mortgage or charge
in the manner and to the extent set out in subsection 3 of
section 7, subject to the claims of all persons for liens to the
same extent as if the money had been realized by a sale of
the property in an action to enforce the lien. R.S.O. 1960,
c. 233, s. 8.

0. Save as herein otherwise provided, the lien does "ot ^^'jf^°''gj

attach so as to make the owner liable for a greater sum than owner's
4.1. L 1 1 I 1 r, c i-\ "ability

the sum payable by the owner to the contractor. K..S.O.

1960, c. 233, s. 9.
36

Limit of
lien when
claimed by
other
than con-
tractor

Holdback

Reduction
in amount
retained

Idem

10. Save as herein otherwise provided, where the lien is
claimed by any person other than the contractor, the amount
that inay be claimed in respect thereof is limited to the amount
owing to the contractor or subcontractor or other person for
whom the work has been done or the materials were placed or
furnished. R.S.O. 1960, c. 233, s. 10, amended.

(2) Where a contract is under the supervision of an archi-
tect, engineer or other person upon whose certificate payments
are to be made and thirty-seven days have elapsed after a
certificate issued by that architect, engineer or other person
to the effect that the subcontract has been completed to his
satisfaction has been given to the person primarily liable upon
that contract and to the person who became a subcontractor
by a subcontract made directly under that contract, the
amount to be retained by the person primarily liable upon
that contract shall be reduced by 15 per cent of the sub-
contract price or, if there is no specific subcontract price,
by 15 per cent of the actual value of the work done or materials
placed or furnished under that subcontract, but this subsec-
tion does not operate if and so long as any lien derived under
that subcontract is preserved by anything done under this
Act.

(4) Where an architect, engineer or other person neglects P°||^^ °'j5'®''
or refuses to issue and deliver a certificate upon which pay- certificate
ments are to be made under a contract or subcontract, the

judge or officer having jurisdiction to try an action under
this Act, upon application and upon being satisfied that the
certificate should have been issued and delivered may, upon
such terms and conditions as to costs and otherwise as he
deems just, make an order that the work or materials to which
the certificate would have related has been done or placed
or furnished, as the case may be, and any such order has the
same force and eflfect as if the certificate had been issued and
delivered by the architect, engineer or other person. New.

(5) Where there is a lien under section 5, the lien is a charge uens'and
upon the amount directed to be retained by this section in^'^'™^t°g"
favour of lien claimants whose liens are derived under persons retained
to whom the moneys so required to be retained are respectively
payable and where there is no lien on the land by virtue of
subsection 2 of section 5, a claim for work done or materials
placed or furnished is a charge upon the amount directed to

be retained by this section. R.S.O. 1960, c. 233, s. 11 (5),
amended.

(6) All payments up to 85 per cent as fixed by subsection 1 madTtn**
and payments permitted as a result of the operation of sub- ^9°^gfaith
sections 2 and 3 made in good faith by an owner to a contractor, [J°J;''^® °^
or by a contractor to a subcontractor, or by one subcontractor

(7) Payment of the percentage required to be retained per'^.^ntage'^
under this section may be validly made so as to discharge all^j^J^^
claims in respect of such percentage after the expiration of of Hens
the period of thirty-seven days mentioned in subsection 1

(8) Every contract shall be deemed to be amended in so far ^"'ontmcts
as is necessary to be in conformitv with this section. R.S.O.

1960, c. 233, s. 11 (5-9).

(9) Where the contractor or subcontractor makes default per,®entage
in completing his contract, the percentage required to be JJ°^,^°j''®
retained shall not, as against any lien claimant who by virtue

Payments
made
directly
by owner
to persons
entitled to
lien

Rights of
subcon-
tractor

Priority of
lien

Priority

among

Uenholders

Mortgage
given to
person
entitled to
lien void as
against lien-
holders

(3) Any conveyance, mortgage or charge of or on land
given to any person entitled to a lien thereon under this Act
in payment of or as security for any such claim, whether

PRIORITY OF WAGES

15. — (1) Every workman whose lien is for wages has ^gj,g''fQ^ "'^
priority to the extent of thirty days wages over all other liens "aees
derived through the same contractor or subcontractor to the
extent of and on the 15 per cent directed to be retained by
section 11 to which the contractor or subcontractor through
whom the lien is derived is entitled, and all such workmen
rank thereon pari passu.

(2) Every workman is entitled to enforce a lien in respect ifjjf'ijf'"*
of any contract or subcontract that has not lx.-en completed euch cases
and, notwithstanding anything to the contrary in this Act,

(3) If the contract has not been completed when the lien pg^'centage*
is claimed by a workman, the percentage shall be calculated *^»^ ^°J>-
on the value of the work done or materials placed or furnished fuiiiiod

by the contractor or subcontractor by whom the workman
is employed, having regard to the contract price, if any.

(4) Every device by an owner, contractor or subcontractor Jg®f^^^<» *°

to defeat the priority given to a workman for his wages priority of

, If, r , r ■ • workmen

and every payment made for the purpose of defeatmg or im-
pairing a lien are void. R.S.O. 1960, c. 233, s. 14, amended.

REGISTR.'VTION

16. — (1) A claim for a lien may be registered in the proper ^f®*,'ff™"°°
registry office and shall set out, f*"" "«"

(b) a short description of tiie work done or to be done,
or the materials placed or furnished or to be placed
or furnished;

R.S.O. I960,
cc. 204, 348

(d) a description of tiie land as required by The Ijind
Titles Act or The Registry Act and the regulations
thereunder, as the case may be; and

Verification
of claim

(e) the date of expiry of the period of credit if credit
has been given. R.S.O. 1960, c. 233, s. 16 (1;,
amended.

Lien

against

railway

(3) When it is desired to register a claim for lien against a
railway % it is sufficient description of the land of the railway
company to describe it as the land of the railway company,
and every such claim shall be registered in the general register
in the office for the registry division within which the lien is
claimed to have arisen. R.S.O. 1960, c. 233, s. 16 (2, 3).

beHnciu'ded ^'^ • — (^^ ""^ claim for lien may include claims against any

in claim number of proi)erties, and any number of persons claiming

liens upon the same property may unite therein, but, where

more than one lien is included in one claim, each claim for

lien shall be verified by affidavit as provided in section 16.

ment'^^f"" (") ^^^ judge or officer trying the action has jurisdiction

claims equitably' to apportion against the respective properties the

amounts included in any claim or claims under subsection I.

R.S.O. 1960, c. 233, s. 17, amended.

Informality 18. — (1) Substantial compliance with sections 16, 17 and
29 is sufificient and no claim for lien is invalidated by reason of
failure to comply with any of the requirements of such sections
unless, in the opinion of the judge or officer trying the action,
the owner, contractor or subcontractor, mortgagee or other
person is prejudiced thereby, and then only to the extent to
which he is thereby prejudiced.

?e^c^ssary °" (2) Nothing in this section dispenses with the requirement
of registration of the claim for lien. R.S.O. 1960, c. 233, s, 18,
amended.

19. A duplicate of the claim for lien, bearing the registrar's ^^"^1^^*'® '°
certificate of registration, shall be filed on or before the trial

20. Where a claim is so registered, the person entitled to^f^f^j^

a lien shall be deemed to be a purchaser pro tanto and a claimant
purchaser within the provisions of The Registry Act and T/ie R.s.o. i960,
Land Titles Act, but, except as herein otherwise provided,
those Acts do not apply to any lien arising under this Act.
R.S.O. 1960, c. 233, s. 20, amended.

21. — (1) A claim for lien by a contractor or subcontractor ^j^g'^f^^"^
in cases not otherwise provided for may be registered before registration
or during the performance of the contract or of the subcontract
or within thirty-seven days after the completion or abandon-
ment of the contract or of the subcontract, as the case mav
be. R.S.O. 1960, c. 233, s. 21 (1).

(2) A claim for lien for materials may be registered before Materials
or during the placing or furnishing thereof, or within thirty-
seven days after the placing or furnishing of the last material

so placed or furnished. R.S.O. 1960, c. 233, s. 21 (2), amended.

(3) A claim for lien for services may be registered at any services
time during the performance of the service or within thirty-
seven days after the completion of the service. R.S.O. 1960,

c. 233, s. 21 (3).

(4) A claim for lien for wages may be registered at any time wages
during the doing of the work for which the wages are claimed

or within thirty-seven days after the last work was done for
which the lien is claimed. R.S.O. 1960, c. 233, s. 21 (4),
amended.

(5) Where there is no lien on the land by virtue of subsec- ^^°l^\o^
tion 2 of section 5, any person who is asserting a claim under holdback
subsection 5 of section 11 for work done or materials placed

Expiry of
Hens

EXPIRY AND DISCHARGE

22. — (1) Every lien for which a claim is not registered
ceases to exist on the expiration of the time limited in section 21
for the registration thereof.

of*certiflcate ^^^ Upon an action under this Act being commenced, a
of action certificate thereof shall be registered in the registry office in

which the claim for lien is registered. R.S.O. 1960, c. 233,

s. 22 (1), part, amended.

ordere'"* (^) Where a certificate of action has been registered for

When lien 23. — (1) Every lien for which a claim is registered ceases to

if registered exist On the expiration of ninety days after the work has been

proceeded completed or the materials have been placed or furnished, or

"''°" after the expiry of the period of credit, where such period is

mentioned in the registered claim for lien, unless in the

meantime an action is commenced to realize the claim or in

which a subsisting claim may be realized, and a certificate is

registered as provided by section 22. R.S.O. 1960, c. 233, s. 23,

amended.

of^ciai^'°" (2) Every claim asserted under subsection 5 of section 11

for work done or materials placed or furnished ceases to exist
on the expiration of ninety days after,

{a) the work has been completed or abandoned;

{b) the materials have been placed or furnished; or

(c) the expiry of the period of credit, where such period
is mentioned in the notice referred to in subsection 5
of section 21,

unless in the meantime an action under this Act is commenced
to realize the claim or in which a subsisting claim may be
realized.

(3) Subsection 2 of section 22 does not apply to an action
referred to in subsection 2, but sections 29, 30, 31, 32 and 34
to i& do apply mutatis mutandis to such an action.

o/deat'h^of ^*' ^^^ rights of a lien claimant may be assigned by an
Hen instrument in writing and, if not assigned, upon his death

claimant . ° . r, ? r\ tn^r\ t>-> 1/I

jjass to his personal representative. R.b.U. 1960, c. 16S, s. i%
amended.

Idem

26. — (1) A claim for lien may be discharged by the regis- ^j.'*<=g'j|*''«®
tration of a receipt acknowledging payment,

(o) where made by a lien claimant that is not a corpora-
tion, signed by the lien claimant or his agent duly
authorized in writing and verified by affidavit; or

(b) where made by a lien claimant that is a corporation,
sealed with its corporate seal. R.S.O. 1960, c. 233,
s. 25 (1), amended.

(2) Upon application, the judge or officer having jurisdic-p®y'j^g'^j"
tion to try the action may, at any time, '"'p court

•' J • J • j^„j vacating

lien and

(o) allow security for or payment into court of the °^''*J.^{=*^*
amount of the claim of the lien claimant and the
amount of the claims of any other subsisting lien
claimants together with such costs as he may fix,
and thereupon order that the registration of the
claim for lien or liens and the registration of the
certificate of action, if any, be vacated;

(b) upon any other proper ground, order that the regis-
tration of the claim for lien or liens and the regis-
tration of the certificate of action, if any, be vacated ;
or

(3) Notwithstanding sections 22 and 23, where an order ^j.^«^*y°J'jj^i.
to vacate the registration of a lien is made under clause a or 6 subs. 2,

ot subsection 2, the hen does not cease to exist for the reason
that no certificate of action is registered.

(4) Any money so paid into court, or any bond or other ,'^to'court''*
security for securing the like amount and satisfactory to the

judge or officer, takes the place of the property discharged
and is subject to the claims of every person who has at the
time of the application a subsisting claim for lien or given
notice of the claim under subsection 6 of section 11 or section
14 to the same extent as if the money, bond or other security
was realized by a sale of the property in an action to enforce
the lien, but such amount as the judge or officer finds to be
owing to the person whose lien has been so vacated is a first
charge upon the money, bond or other security.

(5) Where the certificate required by section 22 or 23 wbere^notice
has not been registered within the prescribed time and an *!<>" Jo ,

v&(^s.t6 not

application is made to vacate the registration of a claim requisite
|for lien after the time for registration of the certificate, the

order vacating the Hen may be made ex parte upon production
^•^.iSj ^??2' of a certificate of search under The Land Titles Act or of a reeis-

CC. ^04, d48 , . °

trar s abstract under The Registry Act, as the case may be,
together with a certified copy of the registered claim for lien.
R.S.O. 1960, c. 233, s. 25 (5-7), amended.

Payment of
money out
of court

Registration
number

Effect
generally

Where
period
of credit
not expired

Time for
bringing
action not
extended

Time for
bringing
action by
person who

f;ave time
or payment

EFFECT OF TAKING SECURITY OR EXTENDING TIME

(3) Nothing in subsection 2 extends the time limited by
this Act for bringing an action to enforce a claim for lien.

27. Where the period of credit in respect of a claim has not ^j^'J^'^jk
expired or there has been an extension of time for payment of action by
the claim, the lien claimant may nevertheless, if an action is person
commenced by any other person to enforce a claim for lien
against the same property, prove and obtain payment of his
claim in the action as if the period of credit or the extended
time had expired. R.S.O. 1960, c. 233, s. 27, amended.

MEN CLAIMANTS RIGHTS TO INFORMATION

28. — (1) Any lien claimant may in writing at any time Pf'"°^^°J^°J
demand of the owner or his agent the production, for inspec- o"" agree-
tion, of the contract or agreement with the contractor for
or in respect of which the work was or is to be done or the
materials were or are to be placed or furnished, if the contract
or agreement is in writing or, if not in writing, the terms of the
contract or agreement and the state of the accounts between
the owner and the contractor, and, if the owner or his agent
does not, at the time of the demand or within a reasonable
time thereafter, produce the contract or agreement if in writing
or, if not in writing, does not inform the person making the
demand of the terms of the contract or agreement and the
amount due and unpaid upon the contract or agreement or if
he knowingly falsely states the terms of the contract or agree-
ment or the amount due or unpaid thereon and if the person
claiming the lien sustains loss by reason of the refusal or
neglect or false statement, the owner is liable to him for the
amount of the loss in an action therefor or in any action for
the enforcement of a lien under this Act, and subsection 4 of
section 38 applies.

(2) Any lien claimant may in writing at any time demand of ^f^^ort*"'
a mortgagee or unpaid vendor or his agent the terms of any gagee or
mortgage on the land or of any agreement for the purchase of vendor
the land in respect of which the work was or is to be done or the
materials were or are to be placed or furnished and a statement
showing the amount advanced on the mortgage or the amount
owing on the agreement, as the case may be, and, if the mort-
gagee or vendor or his agent fails to inform the lien claimant at
the time of the demand or within a reasonable time thereafter
of the terms of the mortgage or agreement and the amount
advanced or owing thereon or if he knowingly falsely states
the terms of the mortgage or agreement and the amount
owing thereon and the lien claimant sustains loss by the refusal
or neglect or misstatement, the mortgagee or vendor is liable
to him for the amount of the loss in an action therefor or in
any action for the enforcement of a lien under this Act, and
subsection 4 of section 38 applies.

Production
of contract
or agree-
ment

(3) The judge or ofificer having jurisdiction to try an action
under this Act may, on a summary application at any time
before or after an action is commenced for the enforcement of
the claim for lien, make an order requiring the owner or his
agent or the mortgagee or his agent or the unpaid vendor or
his agent or the contractor or his agent or the subcontractor or
his agent, as the case may be, to produce and permit any
lien claimant to inspect any such contract or agreement or
mortgage or agreement for sale or the accounts or any other
relevant document upon such terms as to costs as the judge
or ofificer deems just. R.S.O. 1960, c. 233, s. 28, amended.

ACTIONS

enforceabTe ^®* — ^^^ ^ claim for lien is enforceable in an action in the
Supreme Court.

statement
of claim,
filing of

Idem,
service

statement
of defence

(4) The time for delivering the statement of defence in the
action shall be the same as for entering an appearance in an
action in the Supreme Court.

Parties

Motion
to speed
trial

Lien

claimants
Joining in
action

Tribunal
and place
of trial

31. — (1) Except in the County of York, the action shall
be tried by- the local judge of the Supreme Court in the
county or district in which the action was commenced, but,

upon the application of any party or other interested person
made according to the practice of the Supreme Court and upon
,, J notice, the court may direct that the action be tried by a
apudge of the Supreme Court at the regular sittings of the
court for the trial of actions in the county or district in which
the action was commenced. R.S.O. 1960, c. 233, s. 31 (1, 2).

(2) In the County of York, the action shall be tried by a l^^^-
judge of the Supreme Court, but, county

(b) at the trial, a judge of the Supreme Court may direct
a reference to the master pursuant to section 68 or 69

of The Judicature Act. R.S.O. 1960, c. 233, s. 31 (3). "fgO- "S"-
amended.

(3) Where on motion the whole action is referred to the ^"Pjt'^I^Jjg
master for trial, any person brought into the proceedings Jj'J^^Kment^
subsequent thereto and served with a notice of trial may reference
apply to a judge of the Supreme Court to set aside the judg-
ment directing the reference within seven days after service

of notice of trial and, if such person fails to make such appli-
cation, he is bound by such judgment as if he were originally
a party thereto.

(4) Where the action is referred to the master for trial, he^"'end-

ment of

may grant leave to amend any pleading. R.S.O. 1960, c. 233, pleadings
S. 31 (4, 5). °" reference

32. The local judges of the Supreme Court and thei^°*i°"°^
master to whom a reference for trial has been directed, inJg"^*^' ^^^
addition to their ordinary powers, have all the jurisdiction,
powers and authority of the Supreme Court to try and com-
pletely dispose of the action and questions arising therein and

all questions of set-off and counterclaim arising under the
building contract or out of the work done or materials fur-
nislied to the property in question. R.S.O. 1960, c. 233,
s. 32 (1), amended.

33. Where an owner enters into an entire contract for jJ:^®'^®o°ya'^
the supply of materials to be used in several buildings, these^^je^ta ^
person supplying the materials may ask to have his lien follow

the form of the contract and that it be for an entire sum upon
all the buildings, but, in case the owner has sold one or more of
the buildings, the judge or officer trying the action has juris-

diction equitably to apportion against the respective buildings
the amount included in the claim for lien under the entire
contract. R.S.O. 1960, c. 233, s. 32 (2), amended.

Power to
appoint a
receiver of
rents and
profits

Power to
direct
sale and
appoint
trustee

Property
offered for
sale

(3) Any property directed to be sold under subsection 2
may be offered for sale subject to any mortgage or other
charge or encumbrance if the judge or officer so directs.

Proceeds
to be paid
into court

(4) The proceeds of any sale made by a trustee of trustees
under subsection 2 shall be paid into court and are subject
to the claims of all lien claimants, mortgagees or other persons
interested in the property so sold as their respective rights are
determined, and, in so far as applicable, section 39 applies.

Orders for
completion
of sale

(5) The judge or officer shall make all necessary orders for
the completion of any mortgage, lease or sale authorized to
be made under subsection 2.

Vesting
of title

35. At any time after delivery of the statement of claim pr^erva-
and before judgment, or after judgment and pending the^'°"°Jj
hearing and determination of any appeal, any lien claimant,
mortgagee or other interested person may make an application

to the judge or officer having jurisdiction to try the action,
who may hear viva voce or affidavit evidence or both and make
an order for the preservation of any property pending the
determination of the action and any appeal. New.

36. Where more actions than one are brought to realize ConsoUda-
liens in respect of the same land, the judge or officer having actions
jurisdiction to try the action may, on the application of any

37. Any lien claimant entitled to the benefit of an action iraimfemng

. ■ , • ■ ^^ , • ■ • 1- carriage of

may at any time apply to the judge or officer havmg junsdic- pro. eedings
tion to try the action for the carriage of the proceedings, and
the judge or officer may make an order awarding such lien
claimant the carriage of the proceedings. R.S.O. 1960, c. 233,
s. 34, amended.

38.— (1) After the delivery of the statement of defence A^ioi^nting
where the plaintifif's claim is disputed, or after the time for trial
delivery of defence in all other cases, either party may apply
ex parte to a judge or officer having jurisdiction to try the
action to fix a day for the trial thereof, and the judge or
officer shall appoint the time and place of trial, and the order,
signed by the judge or officer, shall form part of the record of
the proceedings.

(2) The party obtaining an appointment for the trial shall, t^raVa^nd*^
at least ten clear days before the day appointed, serve notice ^®''^"'*'
of trial upon the solicitors for the defendants who apjiear
by solicitors and upon the defendants who api^ear in person,
and upon all the lienholders who have registered their claims
as required by this Act or of whose claims he has notice, and
upon all other persons having any charge, encumbrance
or claim on the land subsequent in priority to the lien, who
are not parties, and such service shall be personal unless
otherwise directed by the judge or officer who may direct in
what manner the notice of trial is to be served.

^^^"^ (3) Where any person interested in the land has Ijcen

'^'"'^' (4) The judge, or where a reference for trial is directed, the

master,

(6) shall take all accounts, make all inquiries, give all
directions and do all other things necessary to finally
dispose of the action and of all matters, questions and
accounts arising therein or at the trial, and to adjust
the rights and liabilities of and give all necessary
relief to all parties to the action and all persons who
have been served with the notice of trial; and

(i) in the case of a judge, in a judgment, and
(ii) in the case of a master, in a report,

I'ower to (5) Xhe form of the judgment or report may be varied by

vary form '>',., „ . , , . , .■

judgment the judge or othcer in order to meet the circumstances oi tne
case so as to afford to any party to the proceedings any right
or remedy in the judgment or report to which he may be
entitled.

s*'« (6) The judge or officer may order that the estate or interest

charged with the lien be sold, and may direct the sale to take
place at any time after judgment or confirmation of the report,
allowing, however, a reasonable time for advertising the sale.

Lelliiit; in i • 1

lien (7) A lien .claimant who did not prove his claim at the trial,

olaimants ... ,.i rrir i u

who have on application to the judge or ofhcer before whom the action
their'c°a'im8 or reference was tried, may be let in to prove his claim, on

at trial

(8) Any lien claimant for an amount not exceeding $200 ,^en^' °'
may be represented by an agent who is not a barrister and ^J^^J.™^^^^

solicitor. Bontation

(9) An action or reference under this Act may be tried by be Vried"bV^
any judge or officer having jurisdiction to try the action oranyJ"dB«
reference notwithstanding that the time and place for the

trial or reference thereof were appointed and fixed by another
judge or officer. R.S.O. 1960, c. 233, s. 35, amended.

(10) Any party to an action under this Act or any other Applications
interested person may at any time and from time to time directioM
apply to a judge or officer having jurisdiction to try the action

39. — (1) Where a sale is had, the moneys arising there- ^gP°^'g^ig
from shall be paid into court to the credit of the action, and'* ^^^
the judge or officer before whom the action was tried shall
direct to whom the moneys in court shall be paid and may
add to the claim of the person conducting the action his fees
and actual disbursements incurred in connection with the sale,
and, where sufficient to satisfy the judgment and costs is
not realized from the sale, he shall certify the amount of the
deficiency and the names of the persons who are entitled to
recover the same, showing the amount that each is entitled
to recover and the persons adjudged to pay the same, giving
credit for payments made, if any, under subsection 4 of
section 38, and the persons so entitled may enforce payment
of the amounts so found to be due by execution or otherwise.

(2) The judge or officer before whom the action was tried of°^fe'^''°"
may make all necessary orders for the completion of the sale
and for vesting the property in the purchaser. R.S.O. 1960,
c. 233, s. 36 (1, 2).

40. Where a lien claimant fails to establish a lien, he mayj^^^^^t
nevertheless recover a personal judgment against any party ®«'»''''*''®<'
to the action for such sum as may appear to be due to him
and which he might recover in an action against such party.
R.S.O. 1960, c. 233, s. 36 (3).

41. Where property subject to a lien is sold in an action

Right of
lienholders

whose claims to enforce a lien, every lienholder is entitled to share in the

are not i r i i ■ r i i

payable to proceeds ot the sale in respect oi the amount then owing to
him, although the same or part thereof was not payable at
the time of the commencement of the action or is not then
presently payable. R.S.O. 1960, c. 233, s. 37.

share in
proceeds

STATED CASE

Trans-
mission of
papers

Appeal

Appeal from
reference

Confirma-
tion of
master's
report

Appeal
from

judgment
or report

Costs of
appeal

APPEAL

43. — (1) Except where the amount of a judgment in
respect of a claim or counterclaim is $200 or less, an appeal
lies trom any judgment under this Act to the Court of Appeal.
R.S.O. 1960, c. 233, s. 40 (1), amended.

(2) Where a question is referred to the master for inquiry
and report under subsection 2 of section 31, an appeal lies in
the manner prescribed by the rules of court.

(3) Where an action is referred to the master for trial
under subsection 2 of section 31, the report shall be filed and
shall be deemed to be confirmed at the expiration 6f fifteen
days from the date of service of notice of filing the same,
unless notice of appeal is served within that time.

FEES AND COSTS

44. The fee payable by every plaintiff, every plaintiff by ^®*
counterclaim and every lien claimant, including every person
recovering a personal judgment, in any action to realize a lien
under this Act is,

(o) $5 on a claim or counterclaim not exceeding $500;

(b) $10 on a claim or counterclaim exceeding $500 but
not exceeding $1,000;

but no fee is payable on a claim for wages only, and in no case
shall the fee on a claim exceed $75 or on a counterclaim exceed
$25. R.S.O. 1960, c. 233, s. 41, amended.

45. — (1) Subject to subsections 2, 3, 4 and 5, any order cosu^no^
as to costs in an action under this Act is in the discretion of provided
the judge or officer who tries the action. R.S.O. 1960, c. 233,
s. 46, amended.

(2) The costs of the action, exclusive of actual disburse- J'J^a't"'^
ments, awarded to the plaintiffs and successful lienholders, piaintirra
shall not exceed in the aggregate 25 per cent of the total
amount found to have been actually due on the liens at the

(3) Where costs are awarded against the plaintiff or other J'ostg'against
persons claiming liens, they shall not exceed, excejit in the plaintiffs
case of a counterclaim, 25 per cent of the claim of the plaintiff

and the other claimants, besides actual disbursements, and
shall be apportioned and borne as the judge or officer who
tries the action may direct. R.S.O. 1960, c. 233, s. 43,
amended.

(4) Where the least expensive course is not taken by a c^^^JJ'p^g^^f
plaintiff, the costs allowed to him shall in no case exceed siveoourse

not laKoii

what would have been incurred if the least expensive course
had been taken. R.S.O. 1960, c. 233, s. 44.

(5) Where a lien is discharged or vacated under section 25

Cost of
drawinep and

registering or where judgment is given in favour of or against a claim
and vacating •^. ° , ,. . ° , , , ....

registration tor a lien, in addition to the costs of the action, the judge or

officer who tries the action may allow a reasonable amount for

the costs of drawing and registering the claim for lien or of

vacating the registration thereof, but this does not apply where

the claimant fails to establish a valid lien. R.S.O. 1960,

c. 233, s. 45.

RULES OF PRACTICE

^raoUo°e^ 46. — (1) The object of this Act being to enforce Hens at

the least expense, the procedure shall be as far as possible of
a summary character, having regard to the amount and nature
of the liens in question. R.S.O. 1960, c. 233, s. 47 (1).

tory proceed- (2) Except where otherwise provided by this Act, no inter-

ingB locutory proceedings shall be permitted without the consent

of the judge or officer having jurisdiction to try the action,

and then only upon proper proof that such proceedings are

necessary.

of experts' (•^) ^^^ judge or officer having jurisdiction to try the action

may obtain the assistance of any merchant, accountant,
actuary, building contractor, architect, engineer or person in
such way as he deems fit, the better to enable him to determine
any matter of fact in question, and may fix the remuneration
of any such person and direct payment thereof by any of the
parties. R.S.O. 1960, c. 233, s. 47 (2, 3), amended.

Rules of
practice

(4) Unless otherwise provided in this Act, the Rules of
Practice and Procedure of the Supreme Court apply to pro-
ceedings under this Act. New.

SERVICE OF DOCUMENTS

Service of
documents

LIENS ON CHATTELS

Right of
chattel
lienholder
to sell
chattel

(2) Such person shall apply the proceeds of the sale in ^f''^roceod°s"
payment of the amount due to him and the costs of advertising of sa'e
and sale and shall upon application pay over any surplus to the
person entitled thereto. R.S.O. 1960, c. 233, s. 48, amended.

FORMS

40. The Lieutenant Governor in Council may make regu- P"""""*
lations prescribing forms and providing for their use. New.

MISCELLANEOUS

50. The Mechanics' Lien Act, The Mechanics' Lien Amend- f^^: ^®®°'
ment Act, 1961-62, The Mechanics' Lien Amendment Act,\^^^^^-
1962-63 and The Mechanics' Lien Amendment Act, 1966 are 1962-63,

c. 79 *

repealed. i966,"o. 84.

repealed

61. This Act comes into force on a day to be named by the ment""*""^*
Lieutenant Governor by his proclamation.

52. This Act may be cited as The Mechanics' Lien Act, si»ort title
1968-69.

S
>

[^^

•-1

•1.

«<:

Pi.

r-t-

0<9

BILL 37

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to establish an Institute for the Prevention and
Cure of Birth Defects

Mr. Shulman

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Note

The Bill provides for the establishment of an Institute for research
into the causes and prevention or treatment of birth defects and for
education in this field.

BILL 37 1968-69

An Act to establish an Institute for the
Prevention and Cure of Birth Defects

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, i^ir^r-

(a) "birth defect" means any malfunction, malformation
or disease with which a child is born ;

(6) "Institute" means the Birth Defects Institute;

(d) "physician" means a duly qualified medical prac-
titioner.

2.— (1) A corporation to be known as the Birth Defects J^f^lfiV^'^g^,
Institute is established.

(2) The Corporations Act does not apply to the Institute, ^f i'-do^*"'

not apply

3. — (1) The Institute shall be composed of not fewer than Membership
seven and not more than twenty members appointed by the
Lieutenant Governor in Council.

(2) The Lieutenant Governor in Council may designate chairman
one of the members to be chairman of the Institute.

• T^. , fir. • Quorum

«. rive members of the Institute constitute a quorum.

5. The head office of the Institute shall be at or near the ^^^<^ <"""«
City of Toronto.

6. The objects of the Institute are and it has power, powers^ "*"

(a) to conduct and promote a programme of research
in the incidence and causes of birth defects and in

methods of treatment, prevention and cure of birth
defects and allied diseases and to publish from time
to time the results of its programme;

(b) to conduct and promote programmes of professional
education and training of medical students, physi-
cians, nurses, scientists and technicians in the causes
and the methods of treatment, prevention and cure
of birth defects; and

power^ T'—W For the furtherance of its objects, the Institute

may,

(a) establish, conduct, manage and operate facilities for
research in the incidence and causes of birth defects
and in methods of treatment, prevention and cure of
birth defects and allied diseases;

(b) enter into agreements with universities, hospitals and
other institutions,

(i) for the conduct of research for the purposes
set out in clause o, and

(ii) for the provision of clinical counselling ser-
vices.

grants (2) The Institute may make such grants as are deemed by

the Institute necessary or desirable for the furtherance of its
objects.

of^birtif 8. — (1) Every physician who attends the birth of a child

defects having a birth defect or, where no physician attends, the

physician who attends the mother or child for post-natal care
shall report to the Institute the particulars of the birth defect
and such other information and records in his possession as
the Institute requests.

JSnAdentia" (2) All information acquired by the Institute under sub-
pr^iieged section 1 is confidential and privileged in the hands of the
Institute to the same extent as it is in the hands of the phy-
sician who supplied it, except that this subsection shall not
preclude the Institute from publishing analyses of the reports
and information for scientific and public health purposes in
such a manner that the persons concerned remain anonymous.

9. The Institute may make such by-laws as are deemed sy-iaws
expedient for its constitution and the administration of its
affairs, and may do such other things as are deemed necessary

or advisable to carry out its objects.

10. The Institute may acquire by purchase or lease any of'jyjl^"'""
land and buildings, and may erect buildings, and may acquire

such equipment, instruments, appliances, materials and other
things as are deemed necessary or advisable to carry out its
objects.

11. — (1) The Institute may employ a director and such °n'd''|t|,y
officers, clerks and servants as are deemed expedient.

(2) The Institute may engage the services of such experts Experts
and other persons as are deemed expedient.

12. Each member of the Institute shall be paid his proper ^^p^^ses
travelling and other expenses incurred in the work of the
Institute.

13. The funds of the Institute consist of moneys received ''"'"**
by it from any source, including moneys appropriated for its

use by the Legislature, and the Institute may disburse, expend
or otherwise deal with any of its funds in such manner as it
deems proper.

14. The accounts and financial transactions of the In- '^"'*''
stitute shall be audited annually by the Provincial Auditor,
who shall make a report thereon to the Institute and to the
Minister, and the cost of the audit and report shall be paid

out of the funds of the Institute.

15. The Institute shall make a report annually to the^porf'
Minister, who shall submit the repx)rt 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.

16.— (1) This Act, except section 8, comes into force on Sent'"'""*'
the day it receives Royal Assent.

(2) Section 8 comes into force on a day to be named by the idem
Lieutenant Governor by his proclamation.

17. This Act may be cited as The Birth Defects Institute^^'"'^^''*'^^
Act, 1968-69.

n
c
r
S
>

rti

y-^

rt-

BILL 38

2nd Session, 28th Legislatuke, Ontario
17 Elizabeth II, 1968-69

n Act to provide for the Certification of Dealers and Persons
engaged in the fitting and selling of Hearing Aids

Mr. Shulman

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Note

The Bill rec)uires a person engaged in the sale of or practice of fitting
hearing aids to be the holder of a certificate of registration issued by the
Minister of Health. ^<" i

Requirements for registration are specified and provision is made for
the examination of applicants for registration. Certificates of registration
may be suspended or revoked by the Minister of Health on grounds
specified in the Bill, and appeals from suspension or revocation may be
made to a judge of a county or district court. The Advisory Council on
Hearing .Aids is established and is empowered to advise the Minister of
Health on all matters relating to the Bill.

BILL 38 1968-69

An Act to provide for the Certification of

Dealers and Persons engaged in the fitting and

selling of Hearing Aids

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, i°t',1fP"

(a) "certificate of registration" means a certificate of
registration issued by the Minister under this Act;

(b) "Council" means the Advisory Council on Hearing
Aids;

(d) "hearing aid" means any instrument or device
designed for or represented as aiding, improving or
correcting defective human hearing and any parts,
attachments or accessories of such an instrument
or device ;

(e) "Minister" means the Minister of Health:

(/) "practice of fitting hearing aids" means the evalu-
ation or measurement of the powers or range of
human hearing by means of an audiometer or by any
other means devised, and the consequent selection or
adaption or sale of hearing aids intended to com-
pensate for hearing loss;

(g) "prescribed" means prescribed by the regulations;

(A) "regulations" means the regulations made under this
Act;

(t) "unethical conduct" means,
38

(i) the obtaining of any fee or the making of any
sale by fraud or misrepresentation,

(ii) employing directly or indirectly any sus-
pended or unregistered person to perform any
work covered by this Act,

(iii) using or causing or promoting the use of any
advertising matter, promotional literature,
testimonial, guarantee, warranty, label, brand,
insignia or any other representation, however
disseminated or published, which is mis-
leading, deceiving, improbable or untruthful,

(iv) advertising a particular model, type or kind
of hearing aid for sale when purchasers or
prospective purchasers responding to the ad-
vertisement cannot purchase or are dissuaded
from purchasing the advertised model, type
or kind, where it is established that the
purpose of the advertisement is to obtain
prospects for the sale of a different model,
type or kind than that advertised,

(v) representing that the services or advice of a
duly qualified medical practitioner will be
used or made available in the selection, fitting,
adjustment, maintenance or repair of hearing
aids when that is not true, or using the word
"doctor", "clinic" or other like words, abbre-
viations or symbols which tend to connote the
medical profession when such use is not
accurate,

(vi) habitual intemperance,

(vii) gross immorality,

(viii) permitting another to use his certificate.

Delegation g^ yj^^ Minister may delegate any of the powers conferred
powere*'^^ upon him by or under this Act to the Deputy Minister of the
Department or any other official of the Department desig-
nated by the Minister.

unautho- 3.— (1) No pcrson shall engage in the sale of or practice

prohibited ^^ fitting hearing aids or display a sign or in any other way
advertise or hold himself out as a person who practises the
fitting of hearing aids unless he holds a current, unsuspended,
unrevoked certificate of registration issued by the Minister
as provided in this Act.

(2) The certificate required by subsection 1 shall be kept ^ert'iflcates
conspicuously posted in the holder's office or place of business
at all times.

4. Any person who practises the fitting of or dealing in Receipts
hearing aids shall deliver to each person supplied with a
hearing aid by him or at his order or direction, a receipt which
shall contain his signature and show the address of his regular
place of practice and the number of his certificate, together
with a specification of the hearing aid furnished and the
amount charged therefor.

5. — (1) This Act does not apply to a person while he is t^gufutirnis"
engaged in the practice of fitting hearing aids if his practice "^^plf^®^,,
is part of the academic curriculum of an accredited institution ^tc
of higher education or part of a program conducted by a
public, charitable institution or non-profit organization, that
is primarily supported by voluntary contributions.

(2) This Act shall not be construed to prevent a duly fo duly "''
qualified medical practitioner from treating or fitting hearing ^'Ji^'j^^j'*
aids to the human ear. practitioners

6. An applicant for registration shall pa\ the prescribed ^qu'i^re'^-^"""
fee and shall show to the satisfaction of the Minister that he, '"«"'"

(a) is a resident of Ontario;

(b) is a person of good moral character;

(d) has Grade 12 standing or such other academic
standing as is, in the opinion of the Minister, equi-
valent thereto or has continuously engaged in the
practice of fitting hearing aids in Ontario during the
three years preceding the date this Act comes into
force; and

(e) is free of contagious or infectious disease.

7. — (1) An applicant for registration who is notified by practical
the Minister that he has fulfilled the requirements of section 6*®^**
shall appear at a time and place and before such persons as the
Minister may designate, to be examined by written and
practical tests in order to demonstrate that he is qualified
to practise the fitting of hearing aids.

(2) The Minister or persons designated by him shall hold Examina-

^ I . . . '^ , , .11- 1 • 1 tions to be

at least one examination of the type prescrit)ed in subsection 1 held yearly
in each year, and such additional examinations as the volume
of applications may make appropriate.

examina-**^ 8. The examination provided in subsection 1 of section 7
tione shall consist of,

(a) tests of knowledge in the following areas as they
pertain to the fitting of hearing aids,

(i) basic physics of sound,

(ii) the human hearing mechanism, including the
science of hearing and the causes and re-
habilitation of abnormal hearing and hearing
disorders,

(iii) structure and function of hearing aids; and

(b) tests of proficiency in the following techniques as
they jDertain to the fitting of hearing aids,

(i) pure tone audiometry, including air con-
duction testing and bone conduction testing,

, . - (ii) live voice or recorded voice speech audio-

metry, including speech reception, threshold
testing and speech discrimination testing,

(iii) effective masking,

(iv) recording and evaluation of audiograms and
speech audiometry to determine hearing aid
candidacy,

(v) selection and adaption of hearing aids and
testing of hearing aids,

(vi) taking earmold impressions.

Certificate 9.— (1) Upon payment of the prescribed fee, the Minister
registration g\^^\\ register each applicant who satisfactorily passes the

examination and thereupon the Minister shall issue to the

applicant a certificate of registration.

J^rt^cat'e"'^ (2) A certificate of registration is effective for one year
from the date of its issue.

Suspension iQ. — (1) Any person registered under this Act may, after
cation of a hearing of which he has received not less than ten days
notice, have his certificate revoked or suspended for a fixed
period by the Minister for any of the following causes:

1. His conviction of an offence involving moral turpi-
tude.

2. Where his certificate has been secured by fraud or
deceit practised upon the Minister.

3. For unethical conduct, or for gross ignorance or
inefficiency in his profession.

4. Practising while knowingly suflfering from a con-
tagious or infectious disease.

5. Advertising professional methods or professional
superiority.

6. Practising the fitting of hearing aids under a false or
alias name.

(2) For the purposes of this section, the record of convic- ^f''"*®"'-'®
tion, or a certified copy thereof certified by the clerk of the «°"'''«"o"
court or by the judge in whose court the conviction is had,

shall be conclusive evidence of such conviction.

(3) At the hearing referred to in subsection 1, the person '^'*'"^'"'
registered is entitled to hear the evidence, cross-examine, call
witnesses, present argument and be represented by counsel

or agent.

(4) Notice of the decision of the Minister following adecisTon"
hearing under subsection 1, together with reasons in writing
therefor, shall be served upon the person affected thereby,
either personally or by registered mail addressed to such
person at his last known place of address.

(5) Where the person affected by a decision after a hearing ^pp*^
under subsection 1 deems himself aggrieved thereby, he may,
within five days of receipt of the decision, appeal the decision

to a judge of the county or district court of the county or
district within which he carries on business, and the judge
may confirm, revoke or modify the decision.

11. — (1) The Advisory Council on Hearing Aids is hereby coiln^oli^'on
established and shall consist of five members to be appointed "idY'"*^
by the Lieutenant Governor in Council. eBtabitshed

(2) Members of the Council shall be residents of Ontario, tion of*^*

members

(3) One member shall be a duly qualified medical practi-'^®""
tioner who holds certification of otolaryngology from The
Royal College of Physicians and Surgeons of Canada.

(4) Three members shall be persons experienced in the ''*®'"
fitting of hearing aids, who possess the qualifications pre-

Idem

scribed in section 6, but all successors to the position of such
members, who are appointed to the Council after the date on
which the Minister first issues a certificate of registration as
provided in section 9, shall be persons who hold valid certi-
ficates of registration under this Act.

(5) No member of the Council shall be an employee of the
Department.

counoii"^ 12.— (1) The Council shall have the responsibility and

duty of advising the Minister in all matters relating to this
Act, shall prepare the examinations required by this Act,
subject to the approval of the Minister, and shall assist the
Minister in carrying out the provisions of this Act.

Mintoter ^2) The Minister shall consider and be guided by the

ituided recommendations of the Council in all matters relating to this

Act.

Meetings /^ -i i .. ■ ■

of Council 13. — (1) I he Council shall meet at least once each year

at a place and time determined by the Council.

Idem

(2) The Council shall also meet at such other times and
places as are specified by the Minister.

Regulations ^^ j^^ Lieutenant rK)vernor in Council may make
regulations,

(a) prescribing the fees payable on an application for
registration and on the issuance of a certificate of
registration ;

(b) prescribing forms and providing for their use;

(r) governing the conduct of meetings of the Council;

(rf) regulating the practice and procedure on hearings
under section 10;

(e) respecting any matter necessary or advisable to
carr>' out eflFectively the intent and purpose of this
Act.

Offence 15, — (1) Any person who contravenes any of the provisions

of this Act is guilty of an offence and liable on summary
conviction to a fine of not more than $500 or to imprisonment
for not more than ninety days, or to both.

(2) Where any provision of this Act is contravened, in ^S^g^a^in"
addition to any proceeding had under subsection 1, such ^y action
contravention may be restrained by action at the instance of
the Minister.

16. This Act conies into force on a day to be named by ^ent'"®"''*"
the Lieutenant Ciovernor by his proclamation.

17. This Act maN' be cited as The Hearing Aid Sales ^f/, short title
1968-60.

C/5

pa
c

r
S
>
z

l\>

*-»

C«l

-1

?0:

rt I

O 3 ■

»*) OB r

IK S. :

>5-i

9-" :

rt :

BILL 39

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Insurance Act

Mr. Shulman

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Note

The amendment prevents binding settlements or releases from being
entered into by accioent victims in haste or while under the stress of
recent injury.

BILL 39 1968-69

An Act to amend The Insurance Act

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. The Insurance Act is amended by adding thereto the ^fgo' ^^^*''

following section : amended

104a. Any agreement, release, waiver or settlement entered ^nd^^**
into by an injured person within fifteen days after ^^'j^'|^,|"'^
the injury was incurred and given or entered into in
respect of any claim under a policy of automobile
insurance or accident insurance is voidable by the
injured person by notice in writing delivered to the
insurer or any office of the insurer or its agent or
adjuster within thirty days after the agreement,
release, waiver or settlement is entered into.

2. This Act may be cited as The Insurance Amendment ^^°^^^^^^^
Act, 1968-69.

>
2

a
3

»a

»«

BILL 40

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to provide for the Control of Fumes from Smelters

Mr. Martel

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

KXI'LA.VATOKV NoTK

The purpose of ihe Bill is to require every smelter which smelts or
roasts nickel-copper or iron ore to adopt and carry out a plan that com-
prises the best practicable means for controlling or preventing the discharge
of noxious or ofTensive gas or fumes, or, where discharged, to render them
harmless or inoffensive.

Application for approval of a plan is made to the Ontario Municipal
Board, notice thereof being given to all interested government departments
and municipalities.

BILL 40 1968-69

An Act to provide
for the Control of Fumes from Smelters

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, Jatioif'""

(a) "Board" means the Ontario Municipal Board; and

(6) "smelter" means any person or corporation carrying
on any undertaking that includes the smelting or
roasting of nickel-copper or iron ore.

2. Every smelter, within three months after coming into t^'^ontroi
force of this Act, or within one month after commencing its^"'"*"
undertaking, shall prepare and submit to the Board an
application for approval of a plan to control or prevent the
discharge from the furnaces, chimneys or smokestacks,
operated by the smelter of any noxious or oflfensive gas or

fumes or to render such gas or fumes where discharged
harmless or inoffensive.

3. Every such application shall include evidence that thcof'boB?"'
plan submitted represents the best practicable means for"'^"
the purpose in the circumstances.

4. The Board shall forward copies of every such applica- '
tion at the earliest possible date, by registered mail to the
Minister of Mines, the Minister of Health, the Minister of
Agriculture and Food, the Minister of Municipal Affairs
and to the clerk of every municipality within a radius of
thirty miles of the undertaking carried on by the smelter.

6. The Board shall fix a date for hearing the application, "«»■"'"«
not less than two months and not more than four months
after the receipt thereof, and reasonable notice of such
hearing and of any adjournment thereof shall be given by
the Board to every Minister and the clerk of every muni-

cipality mentioned in seftion 4, any of whom may appear
by counsel or otherwise and adduce evidence and make
representations for or against the plan submitted or any
alternative plan.

Duty of
Board

6. The Board shall determine whether the plan submitted
or any modification or variation thereof represents the best
practicable means for the purpose in the circumstances, and
whether any other plan ought to be considered or adopted.

Order of
Board

7. — (1) Not more than three months after hearing the
application, the Board shall make an order either approving
the application or a modification or variation thereof or an
alternative plan and requiring the smelter to institute and
maintain such plan as may be approved by the Board.

compUame (2) The smelter shall, within three months from the date
of the order, institute and maintain a plan in conformit>
therewith.

Penalty

8. Every smelter who erects, operates, maintains or
carries on any undertaking in violation of this Act or fails
to comply with any order of the Board, is guilty of an oflfence
and on summary conviction is liable to a penalty of $1,000,
and each day's continuance of such violation or failure
to comply shall constitute a new and distinct offence.

Acts of
offloers,
agents

9. For the purpose of enforcing any penalty under any of
the provisions of this Act, or enforcing any order of the
Board made under this Act, the act, omission, or failure of
any officer, agent, or other jserson acting for or employed by
the smelter shall, in every case, be also deemed to be the act,
omission or failure of the smelter as well as that of the officer,
agent or other person.

lion oi ^^' Nothing in this Act excludes the operation of any

^•%P- '®^'' of the provisions of The Damage by Fumes Arbitration Act.

Applica
tion of

Short title

11. This .\ct
1968-69.

may

be cited iis The Fumes Control Act,

-i
Pi

i-f

»«

BILL 41

2nd Session, 28th Legislatukk, Ontario
17 Elizabeth II, 1968-69

The Ontario College of Art Act, 1968-69

Mr. Davis

TORONTO

PkINTICU ami PlBI.lSHED BY FhANK FOCG, QuEEN'S PRINTER

Explanatory Note

This Bill reflects the recommendations of the report on the organiza-
tional structure and administration of the Ontario College of Art.

BILL 41 1968-69

The Ontario College of Art Act, 1968-69

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, t'atioT""

(a) "academic staff" means the teachers, chairmen of
teaching departments, and directors of academic
divisions of the Ontario College of Art;

(b) "College" means the Ontario College of Art;

2. — (1) The Ontario College of Art is continued. College

(2) The object of the College is to provide the opportunity object
and environment for the education and training of students
and teachers in the fine and applied arts. 1961-62, c. 15, s. 2,
amended.

3.— (1) The Council of the Ontario College of Art is con-C<5u?°»ad_
tinued as a body corporate and, within two months after this composition
Act comes into force, the Council shall be reconstituted to
consist of,

(a) the President;

(b) nine members appointed by the Lieutenant Governor
in Council;

(d) three members elected from and by the students
registered as full-time students at the College.

First
election

(2) The Council, within two months after this Act comes
into force, shall provide for and conduct the first election of
members under clauses c and d of suljsection 1.

First

•ppoint-

ments

(3) Of the first members appointed under clause h of sub-
section 1, one-third shall be appointed to hold office for one
year, one-third for two years and one-third for three years,
and in each year thereafter three members shall be appointed
to hold office for three years.

First

•lection by
academic
staff

(4) Of the first members elected under clause c of sub-
section 1, one-third shall be elected to hold office for one year,
one-third for two years and one-third for three years, and in
each year thereafter two members shall be elected to hold
office for three >ears.

First
election
by students

(5) Of the first members elected under clause d of subsection
1 , two shall be elected to hold office for one year and one for
two years, and in each year thereafter one member shall be
elected to hold office for one year and one for two years, and
the question as to which of such members shall hold office
for one year or two years shall be determined as may be
provided for in the by-laws of the Council.

Eligibility
of students

(6) Everj- person registered as a full-time student at the
College is eligible to be elected as a member of the Council
under clause d of subsection 1.

Maximum
term for
students

Eligibility
for re-
appoint-
ment or
re-election

Attendance
at meetings

(7) A member elected under clause d of subsection 1 ceases
to hold office when he ceases to be registered as a full-time
student at the College, and no such member shall in any event
hold office for longer than three years.

(8) Subject to subsection 7, members of Council if otherwise
qualified are eligible for re-appointment or re-election.

(9) If within any fiscal year of the College a member of
the Council not having been granted leave of absence by the
Council attends less than 50 per cent of the regular meetings
of the Council, he shall ipso facto vacate his office and the
Council by resolution shall declare his membership vacant.

Vacancy (iQ) Where a vacancy on the Council occurs before the

term of office for which a member has been appointed or
elected has expired, the vacancy shall be filled in the same
manner and by the same authority as the member whose
membership is vacant was appointed or elected, as the case
may be, and the member so appointed or elected shall hold
office for the remainder of the term of office of the member
whose membership is vacant.

(9) The Council until reconstituted in accordance with this co^n"'i
section shall consist of the present members of the Council.
1961-62, c. 15, s. 3, amended.

4. The Council shall elect a chairman from among the '^''*'""""
members appointed by the Lieutenant Governor in Council

and, in the case of the absence or illness of the chairman, the
Council may appoint one of its members to act as chairman
pro tempore, and the member so appointed shall act as and
have all the powers of the chairman. 1961-62, c. 15, s. 11,
cl. a, amended.

5. Eight members, including not fewer than four appointed """
members and not fewer than four elected members, constitute

a quorum of the Council. 1961-62, c. 15, s. 11, cl. d, amended.

6. — (1) The government, conduct, management and control councfi"'^
of the College and of its property, revenues, expenditures,
business and affairs are vested in the Council, and the Council
has all powers necessary or convenient to perform its duties
and achieve the object of the College and, without limiting
the generality of the foregoing, may,

(a) appoint and remove the President:

(b) appoint and remove the heads of all divisions and
departments, administrative officers, teaching staflF
and such other officers and employees as the Council
deems necessary or expedient for the purposes of the
College;

(d) ai>poiat such committees and Iwards, including divi-
sional academic committees and boards, as it deems
advisable and confer upon any of such committees
or boards authority to act for the Council with
respect to anj- matter or classes of matters;

(e) establish such advisory bodies as it deems advisable;

(/) create such divisions and departments as it deems
advisable;

(g) control, regulate and determine the educational
IX)licy of the College;

(A) determine the courses of study and standards for
admission to the College and for continued member-
ship therein, and the qualifications for diplomas;

(«) conduct examinations and appoint examiners;

(j) deal with all matters arising in connection with the
awarding of scholarships, bursaries, medals, prizes
and other awards;

(k) confer upon students of the College the diploma of
"Associate of the Ontario College of Art" and the
right to affix the letters "A.O.C.A." after their
names, and issue such certificates of proficiency as
may be provided for in the by-laws of the Council;

(/) make by-laws and regulations for the conduct of
its affairs, including the election of members.

Appoint-
ment and
removal of
offlcers

(2) No person shall be ap|X)inted or removed as head of a
division or department, as a senior administrative officer or
as a member of the teaching staff of the College, except on the
recommendation of the President. 1961-62, c. 15, ss. 4, 6, 11,
part, amended.

President

7. The President of the College is the chief executive
officer of the College. 1961-62, c. 15, s. 5, amended.

with^*'°" ^* ^^^ College may be affiliated with any university in

university Ontario where arrangements may be considered expedient

for the use of common instruction and the granting of degrees.

1961-62. c. 15, s. 7.

Arrange
ments with

9. The Council ma\ arrange with the Department of
Department Education for courses and examinations for teachers of art
Ediaation and Supervisors of art instructors in schools in Ontario.
1961-62, c. 15, s. 8.

I'roperty lo. The Council ma\' purchase or otherwise acquire, take

by gift, devise or bequest and hold such real and personal
property as it may deem necessary for the purjwses of the
College, and may mortgage, sell or otherwise dispose of the
same as occasion requires. 1961-62, c. 15, s. 9, amended.

Annual
report

11. — (1) The Council shall, after the close of each fiscal
year, file with the Minister of University .Affairs an annual
report upon the affairs of the College.

(2) The Minister shall submit the report to the Lieutenant Tabling
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.
1961-62, c. 15, s. 12, amended.

12. The College of Art Act, 1961-62 is repealed. l^W^'

repealed

13. This Act comes into force on a day to be named by the ment"^"™"
Lieutenant Governor by his proclamation.

14. This Act may be cited as The Ontario College of .4 r/ short title
Act, 1968-69.

O
>
<

a.
5=

BILL 41

2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69

The Ontario College of Art Act, 1968-69

Mr. Davis

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

BILL 41 1968-69

The Ontario College of Art Act, 1968-69

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^lt^r-

(a) "academic staff" means the teachers, chairmen of
teaching departments, and directors of academic
divisions of the Ontario College of Art;

(6) "College" means the Ontario College of Art;

2.— (1) The Ontario College of Art is continued. College

(2) The object of the College is to provide the opportunity owect
and environment for the education and training of students
and teachers in the fine and applied arts. 1961-62, c. 15, s. 2,
amended.

3.— (1) The Council of the Ontario College of Art is con-^o°n"t?nued,
tinued as a body corporate and, within two months after this '^°™p°^'''°°
Act comes into force, the Council shall be reconstituted to
consist of,

(a) the President;

(b) nine members appointed by the Lieutenant Governor
in Council;

(d) three members elected from and by the students
registered as full-time students at the College.

First
•lection

(2) The Council, within two months after this Act comes
into force, shall provide for and conduct the first election of
members under clauses c and d of subsection 1.

Pint

•ppolnt-

manta

(3) Of the first members appointed under clause b of sub-
section 1 , one-third shall be appointed to hold office for one
year, one-third for two years and one-third for three years,
and in each year thereafter three members shall be appointed
to hold office for three years.

Flret

election by
academic

Starr

First
election
by students

(5) Of the first members elected under clause d of subsection
1, two shall be elected to hold office for one year and one for
two years, and in each year thereafter one member shall be
elected to hold office for one year and one for two years, and
the question as to which of such members shall hold office
for one year or two years shall be determined as may be
provided for in the by-laws of the Council.

of'Bt'udents ^^^ Every person registered as a full-time student at the
College is eligible to be elected as a member of the Council
under clause d of subsection 1.

Eligibility
for re-
appoint-
ment or
re-election

Attendance
at meetings

ter'mTo"'" (^^ ^ member elected under clause d of subsection 1 ceases

studenu to hold office when he ceases to be registered as a full-time

student at the College, and no such member shall in any event

hold office for longer than three years.

(8) Subject to subsection 7, members of Council if otherwise
qualified are eligible for re-appointment or re-election.

Vacancy (iQ) Where a vacancy on the Council occurs before the

(9) The Council until reconstituted in accordance with this Qo^n°i'
section shall consist of the present members of the Council.
1961-62, c. 15, s. 3, amended.

4. The Council shall elect a chairman from among the *^''*''"'"*°
members appointed by the Lieutenant Governor in Council
and, in the case of the absence or illness of the chairman, the
Council may appoint one of its members to act as chairman
pro tempore, and the member so appointed shall act as and
have all the powers of the chairman. 1961-62, c. 15, s. 11,
cl. a, amended.

6. Eight members, including not fewer than four appointed '^"°''"'"
members and not fewer than four elected members, constitute
a quorum of the Council. 1961-62, c. 15, s. 11, cl. d, amended.

6. — (1) The government, conduct, management and control coun"i°'
of the College and of its property, revenues, expenditures,
business and affairs are vested in the Council, and the Council
has all powers necessary or convenient to perform its duties
and achieve the object of the College and, without limiting
the generality of the foregoing, may,

(a) appoint and remove the President;

{b) appoint and remove the heads of all divisions and
departments, administrative officers, teaching staff
and such other officers and employees as the Council
deems necessary or expedient for the purposes of the
College ;

{d) appoint such committees and boards, including divi-
sional academic committees and boards, as it deems
advisable and confer upon any of such committees
or boards authority to act for the Council with
respect to any matter or classes of matters;

(e) establish such advisory bodies as it deems advisable;

(/) create such divisions and departments as it deems
advisable ;

(g) control, regulate and determine the educational
policy of the College;

(k) determine the courses of study and standards for
admission to the College and for continued member-
ship therein, and the qualifications for diplomas;

(() conduct examinations and appoint examiners;

(j) deal with all matters arising in connection with the
awarding of scholarships, bursaries, medals, prizes
and other awards;

(/) make by-laws and regulations for the conduct of
its affairs, including the election of members.

Appoint-
ment and
removal of
ofllcera

(2) No person shall be appointed or removed as head of a
division or department, as a senior administrative officer or
as a member of the teaching staff of the College, except on the
recommendation of the President. 1961-62, c. 15, ss. 4, 6, 11,
part, amended.

President

7. The President of the College is the chief executive
officer of the College. 1961-62, c. IS, s. 5, amended.

with'*'°" ^* ^^^ College may be affiliated with any university in

university Ontario where arrangements may be considered expedient

for the use of common instruction and the granting of degrees.

1961-62, c. 15, s. 7.

9. The Council may arrange with the Department of

Arrange-
ments with

Department Education for courses and examinations for teachers of art
Education and Supervisors of art instructors in schools in Ontario.
1961-62. c. 15, s. 8.

Property 10. The Council may purchase or otherwise acquire, take

by gift, devise or bequest and hold such real and personal
property as it may deem necessary for the purposes of the
College, and may mortgage, sell or otherwise dispose of the
same as occasion requires. 1961-62, c. 15, s. 9, amended.

Annual
report

11. — (1) The Council shall, after the close of each fiscal
year, file with the Minister of University Affairs an annual
report upon the affairs of the College.

(2) The Minister shall submit the report to the Lieutenant tabling
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.
1961-62, c. 15, s. 12, amended.

12. The College of Art Act, 1961-62 is repealed. c. 15' '

repealed

13. This Act comes into force on a day to be named by the Sent"*""*"
Lieutenant Governor by his proclamation.

14. This Act may be cited as The Ontario College of >lr/S'^°''* *"■'*
Act, 1968-69.

>
<

t\i

In.

-1

3
g-

§.

1^
00

BILL 42

2nd Session, 28th Legislaturk, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Public Health Act

Mr. Deans

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Note

The Hill requires that drugs and medicines be sold only in child-proof
containers.

BILL 42 1968-69

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. The Public Health Act is amended by adding thereto the ^•|2°' ^^®°'

following section : amended

CHILD-PROOF CONTAINERS

79. — (1) No person shall sell or offer for sale a drug tofrigs°and
which The Pharmacy Act applies or a medicine ^p^i^^^^"^^* '"
registered under the Proprietary or Patent Medicine ^'^^"f^^
Act (Canada) that is not contained in a container c. '295'
that bears the mark of approval of a testing organiza- 0.220'
tion under subsection 2.

(2) The Lieutenant Governor in Council may make ^^s"'**'""^®
regulations designating an organization to test and
approve the types, designs and specifications of
containers suitable to make the contents inaccessible
to small children and providing for the affixing of a
mark of approval on containers manufactured in
accordance with the approved type, design and
specifications.

2. This Act comes into force on the 1st day of July, 1969.

Commence-

3. This Act may be cited as The Public Health Amendment ^^°''^ '"'^
Act, 1968-69.

OC S
rf Z"

a- s

BILL 43

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Highway Traffic Act

Mr. Shulman

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Note

The amendment requires persons under eighteen years of age to take
an approved driver education course before being issued a driver s licence.

BILL 43 1968-69

An Act to amend The Highway Traffic Act

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Section 18 of The Highway Traffic Act is amended by^-^^^-^^J^'
adding thereto the following subsection : amen<ied

(Ic) A licence shall not be issued to a person under the |^"g|[i(jn
age of eighteen years to drive or operate a motor '^°"™®*
vehicle on a highway unless he has satisfactorily
completed a driver education course designated by
the Lieutenant Governor in Council by regulation.

2. This Act comes into force on the 1st day of July, 1969. Sent"*"''*'

3. This Act may be cited as The Highway Traffic Amend- ^^"^^ "*'«
merit Act, 1968-69.

c
r

s
>
z

I I il

0<a

BILL 44

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend
The Municipal and School Tax Credit Assistance Act, 1967

Mr. Stokes

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Act

Explanatory Note
The Bill removes the obligation to repay tax credits allowed under the

BILL 44 1968-69

An Act to amend The Municipal and School
Tax Credit Assistance Act, 1967

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. — (1) Subsections 3, 4 and 5 of section 2 of The Municipal ^^'^' ^
and School Tax Credit Assistance Act, 1967 are repealed. subss. 3-5'.

repealed

(2) Subsection 7 of the said section 2 is amended by striking ^^1^' g ^
out "and the manner in which applications for reimbursement |^8^J'
may be made" in the second and third lines, so that the sub-
section shall read as follows:

(7) The Lieutenant Governor in Council may make Regulations
regulations prescribing forms for use under this Act
and generally for the administration of this Act.

2. This Act shall be deemed to have come into force on the Sen t™*"*^^"
1st day of January, 1967.

3. This Act may be cited as The Municipal and School ^''*""' ''"®
Tax Credit Assistance Amendment Act, 1968-69.

»0

<3
OS

Hi:

n' -

BILL 45

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Schools Administration Act

Mr. Davis

TORONTO
Printed and Published bv Frank Fogg, Queen's Printer

Explanatory Notes

Section 1 — Subsection 1. The amendment is to make it clear that
trustees of a separate school board are not excepted from the application
of this subsection.

SixrioN 1 — Subsection 2. The amendment provides for the pay-
ment of an honorarium to co-opted members of vocational committees on
the same basis as other members of the committee.

BILL 45 1968-69

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. — (1) Subsection 1 of section 36 of The Schools Adminis-^f^g^^Q'
tration Act, as re-enacted by subsection 1 of section 10 of^^^s^i^ ^^21
The Schools Administration Amendment Act, 1968, is amended s- 10.
by striking out "trustees" in the first line and inserting in amended
lieu thereof "members of a board of education", so that the
subsection, exclusive of the table, shall read as follows:

(1) A board may pay to each trustee, except members of f^^'J°Jj|[^'^^
a board of education who are not entitled to vote
on a motion that affects public schools exclusively,
for each month an honorarium not exceeding an
amount based on the enrolment on the 30th day of
September in the preceding year in all the schools
which, on the 1st day of January of the current year,
are operated by the board, as follows:

(2) Subsection 3 of the said section 36, as re-enacted by^fg'^g^^le'
subsection 4 of section 10 of The Schools Administration ^"^^^^^ ^gj
Amendment Act, 1968, is amended by striking out "appointed »■ 10,'
by the board" in the second and third lines, so that the sub- amended
section shall read as follows:

(3) A board of education may pay to each member of ^^®^^^y® °''
an advisory vocational committee, who is not a vocational

, , . , committees

trustee, an honorarmm for each month not exceedmg
one-half of the amount provided in subsection 1
based on the enrolment on the 30th day of September
in the preceding year in all secondary schools which,
on the 1st day of January of the current year, are
operated by the board.

R.s^o. 1960. 2. Subsection 1 of section 100a of The Schools Adminis-
Sub?.°?' tratton Act, as re-enacted by section 22 of The Schools Ad-
(1967. c. 90. ministration Amendment Act, 1967, is repealed and the follow-
re-enactod ing substituted therefor:

non^reeldent (0 Where a board provides education for pupils whose

caicufation ^^^^ ^^^ receivable from another board, from Canada,

or from Ontario, the fees shall be calculated by the
use of financial data and average daily enrolment in
respect of elementary schools, secondary schools, or
classes or schools for trainable retarded children, as
the case may be, for the year in which such edu-
cation is provided,

(o) by ascertaining the gross current expenditure
for the maintenance of the schools under the
jurisdiction of the board, excluding exjjendi-
ture for transportation, tuition fees and
evening courses of study;

{b) by ascertaining the total gross revenue from
all sources, excluding legislative grants, taxa-
tion, tuition fees and costs recoverable from
Ontario;

{d) by ascertaining the average daily enrolment
as adjusted by the application of the appro-
priate course weighting factors as prescribed
in the regulations for the year in which such
education is provided, of pupils at schools
under the jurisdiction of the board;

(e) by dividing the amount determined under
clause c by the average daily enrolment as
adjusted under clause d;

(/) by multiplying the average daily enrolment
as adjusted by the application of the appro-
priate course weighting factors, of pupils
whose fees are receivable from another board,
from Canada, or from Ontario, by the sum of,

(i) the amount determined under clause e,
and

Section 2. The amendment provides for the calculation of non-
resident fees involving the use of a uniform pupil accommodation charge
in respect of capital costs, and for the calculation of non-resident fees
for trainable retarded children.

(ii) the pupil accommodation charge as
prescribed in the regulations for the
year in which such education is
provided.

3. This Act shall be deemed to have come into force on ^°5u'"^"''^
the 1st day of January, 1969.

4. This Act may be cited as The Schools Administration ^^°^^ ^^^^^
Amendment Act, 1968-69.

D
>
<

3 tr

I 5 I

3- a

vO
00

BILL 45

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Schools Administration Act

Mr. Davis

{Reprinted as amended by the Education and University Affairs Committee)

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Notes

Section 1 — Subsection 1. The amendment is to make it clear that
trustees of a separate school board are not excepted from the application
of this subsection.

Section 1 — Subsection 2. The amendment provides for the pay-
ment of an honorarium to co-opted members of vocational committees on
the same basis as other members of the committee.

BILL 45 1968-69

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. — (1) Subsection 1 of section 36 of The Schools Adminis-^-fol-l^st'.
tration Act, as re-enacted by subsection 1 of section 10 of^^^lg^^^ ^21
The Schools Administration Amendment Act, 1968, is amendeds. 10,'

1 •! • It >i • 1 /- !• 1 • • ■ subs. 1),

by striking out trustees in the first line and inserting in amended
lieu thereof "members of a board of education", so that the
subsection, exclusive of the table, shall read as follows:

(1) A board may pay to each trustee, except members of f^? "trustees'
a board of education who are not entitled to vote
on a motion that afTects public schools exclusively,
for each month an honorarium not exceeding an
amount based on the enrolment on the 30th day of
September in the preceding year in all the schools
which, on the 1st day of January of the current year,
are operated by the board, as follows:

(2) Subsection 3 of the said section 36, as re-enacted by ^fg^'g^ls;
subsection 4 of section 10 of The Schools Administration ^,^^^i,^„ ,„,
Amendment Act, 1968, is amended by striking out "appointed s. 10
by the board" in the second and third lines, so that the sub- amended
section shall read as follows:

(3) A board of education may pay to each member oi^^^^^y^°^
an advisory vocational committee, who is not ^ confmutees
trustee, an honorarium for each month not exceeding
one-half of the amount provided in subsection 1
based on the enrolment on the 30th day of September
in the preceding year in all secondary schools which,
on the 1st day of January of the current year, are
operated by the board.

Commence- 2. This Act shall be deemed to have come into force on
the 1st day of January, 1969.

Short title 3^ jhis Act may be cited as The Schools Administration
Amendment Act, 1968-69.

<»

^i-

•*.

-» o-

t-. se

s.- S

O' '^

«i

3 S

3 I

ft '

? i

SI
5

9
>

BILL 45

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Schools Administration Act

Mr. Davis

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

BILL 45 1968-69

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. — (1) Subsection 1 of section 36 of The Schools Adminis-f'-^Q^- ^^^2',
tration Act, as re-enacted by subsection 1 of section 10 of ("gig ^c ^21
The Schools Administration Amendment Act, 1968, is amended s. 10,'

I •! • It M * t /^ f 1 • * • subs. 1),

by strikmg out trustees m the first Ime and msertmg m amended
lieu thereof "members of a board of education", so that the
subsection, exclusive of the table, shall read as follows:

(1) A board may pay to each trustee, except members o^ f^" t°ust'"s'
a board of education who are not entitled to vote
on a motion that affects public schools exclusively,
for each month an honorarium not exceeding an
amount based on the enrolment on the 30th day of
September in the preceding year in all the schools
which, on the 1st day of January of the current year,
are operated by the board, as follows:

(2) Subsection 3 of the said section 36, as re-enacted by^fg^-^^f^'
subsection 4 of section 10 of The Schools Administration ^^^^-^^^ ^21
i4meMrfmeM/ .(4d, /P(5^, is amended by striking out "appointed 8. 10,'
by the board" in the second and third lines, so that the sub- amended
section shall read as follows:

(3) A board of education may pay to each member of^®^J®™°'^
an advisory vocational committee, who is not a vocational

, . committees

commenc«- 2. This Act shall be deemed to have come into force on

mont

the 1st day of January, 1969.

Short title 3^ jhis Act may be cited as The Schools Administration
Amendment Act, 1968-69.

a
>
<

n
f

s
c

<
n

5?"

I. S I. S I.

ST 3
»a

►-*
O
Ok
00

5.:
S" ■

BILL 46

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend
The Secondary Schools and Boards of Education Act

Mr. Davis

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

E.XPLANATOKV N'OTES

Section 1 — Subsection 1. The aineiidment excepts from the pro-
visions of this Part schools estabhshed on lands held by the Crown in
right of Canada or Ontario.

Subscition 2. There are a few portions of territory without municipal
organization which are not in a school section or a high school district
that ha\e been included in a school division. This amendment deems such
portions to be a district municipality within the school division.

SiXTloN 2 — .Subsection 1. The amendment is to correct a reference.

BILL 46 1968-69

An Act to amend The Secondary Schools and
Boards 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. — (1) Section 81 of The Secondary Schools and Boards^.'ie^'.s^ii'
of Education Act, as enacted by section 8 of The Secondary ^^^f^^^-'^-^^^'
Schools and Boards of Education Amendment Act, 1968, is amended
amended by adding thereto the following subsection:

(la) This Part does not apply to a board, school section ^PPJifo^',^""
or high school district heretofore or hereafter estab- ?" S'^^'^p'

, land

lished under section 12 of The Ptiblic Schools ^c^r.s.o. i960,
or under subsection 5 of section 12 or subsection 4a '^^' ^^°
of section 51 of this Act.

(2) Subsection 3 of the said section 81 is amended by o. '362,' s. si'
striking out "and" at the end of clause a, by adding "and" s.^lf^sui^s.^!;
at the end of clause b and by adding thereto the following"'"®"'*^'*
clause :

(c) any part of territory without municipal organization
that is designated by the regulation made under
subsection 2 of section 82 as part of a school division
and on the 31st day of December, 1968, was not in a
school section or in a high school district.

2.— (1) Clause b of subsection 2 of section 84 of The ^-^^O- ^^12'
Secondary Schools and Boards of Education Act, as enacted by (i968,'c.'i22,
section 8 of The Secondary Schools and Boards of Education ci. 6,'
Amendment Act, 1968, is amended by striking out "3" in the"'"®"''®''
first line and inserting in lieu thereof "4", so that the clause
shall read as follows:

(b) subject to subsection 4, all real and personal properly
vested in such boards and situate in the school
division becomes vested in the divisional board.

f .'362,' s.^84 ■ (2) Clause d of subsection 2 of the said section 84 is amended
8^8?!*' "' ^^^' by adding at the commencement thereof "the reserve i<x
subB, 2, working funds, the balance in a reserve or a reserve fund
amended accumulated from transfers from revenue funds and", so
that the clause shall read as follows:

(d) the reserve for working funds, the balance in a reserve
or a reserve fund accumulated from transfers from
revenue funds and the audited surplus or deficit as at
the 31st day of December, 1968, of each such board
shall accrue to the credit of, or become the responsi-
bility of, the assessment supporting such board on the
31st day of December, 1968, and shall be apportioned
by the arbitrators under this section among the
municipalities or parts thereof comprising the area
of jurisdiction of such board in the same projxjrtion
as the requisition for the year 1968 was apportioned
among such municipalities or parts.

.^ 36*2. s.'*!" (^) Subsection 3 of the said section 84 is amended by
^i|^**^j^jj|2|' inserting after "1968" in the seventh line "except lands and
amended premises used as schools on such 31st day of December", so
that the subsection shall read as follows:

Arbitration ^3^ p-^^^j^ divisional board shall, on or before the 15th day

of March, 1969, appoint three or five arbitrators,
who are not members of the divisional board or of a
municipal council that has jurisdiction in the school
division, who shall value and adjust in an equitable
manner the assets and liabilities, as of the 31st day
of December, 1968, except lands and premises used
as schools on such 31st day of December, of the
boards that, before they were dissolved under sub-
section 2, had jurisdiction wholly in the school
division in which the divisional board has jurisdiction.

"362,8.^84 (4) Subsection 4 of the said section 84 is amended by
i^H)'**si'iiJ"t' '"serting after "1968" in the ninth line "except lands and
amended premises uscd as schools on such 31st day of December",
so that the subsection shall read as follows:

'''^"^ (4) Whore a board that is dissolved under subsection 2

had jurisdiction in an area that after the 1st day of
January, 1969, forms part of two or more school
divisions, each divisional board shall, on or before
the 15th day of March, 1969, designate two of the

Subsection 2. The amendment provides that the reserve for working
funds and the balance in a reserve accumulated from transfers from
revenue funds shall be dealt with in the same manner as the audited surplus
or deficit.

Subsection 3. The amendment is to exclude lands and premises
used as schools from the assets to be valued and adjusted by the arbitrators.

Subsection 4. The amendment is to exclude lands and premises
used as schools from the assets to be valued and adjusted b\ the arbitrators.

Subsection 5. The amendment will permit a divisional board to my
to an arbitrator a fee other than the fee prescribed in section 99 of The

Schools Administration Act.

arbitrators appointed by it under subsection 3 who
shall collectively value and adjust in an equitable
manner the assets and liabilities of such board as
of the 31st day of December, 1968, except lands and
premises used as schools on such 31st day of Decem-
ber, and shall apportion in an equitable manner the
obligations under clauses c and / of subsection 2.

(5) The said section 84 is amended by adding thereto the c. ■362,8.^84'
following subsection : i^lf!*' "' ^^^'

amended

(10) Notwithstanding subsection 3 of section 99 of The^^^f^^°l^^g
Schools Administration Act, each arbitrator appointed r.s.o. i960,
under this section shall be paid such fee for his*^'
services as is determined by the divisional board
that appointed him.

3. Part VI of The Secondary Schools and Boards of -E<^M-^f62Pt.^vi
cation Act, as enacted by section 8 of The Secondary Schools ^^^^^- '^- ^^^'
and Boards of Education Amendment Act, 1968, is amended amended
by adding thereto the following section :

86fl.^(l) Where any part of territory without municipal a^e^mlnt
organization that in the year 1968 is not in a school Jg^J^^IJ?
section or a high school district is included in a"ot.'" school

, ..... " , , , ,. . • • 1- section or

school division and deemed a district municipality, high school
for the purposes of section 86 the equalized assess-
ment of the property rateable,

(a) for public school purposes in the district
municipality shall be the assessment upon
which rates are levied in the year 1968 under
The Provincial Land Tax Act, 1961-62 on all^^^^-j®^,
property rateable for public school purposes
in the district municipality; and

(6) for secondary school purposes in the district
municipality shall be the assessment upon
which rates are levied in the year 1968 under
The Provincial Land Tax Act, 1961-62 on all
rateable property in the district municipality,

as adjusted by the application of the equalization
factor based on such assessment and provided by the
Department of Municipal Affairs.

(2) Where any part of territory without municipal ggg^j^on"'
organization that in the year 1968 is in a school
section is included in a school division and deemed a
district municipality for the purposes of section 86
the equalized assessment of the property rateable,

(a) for public school purposes in the district
municipality shall be the assessment upon
which rates are levied in the year 1 968 by the
board of the school section, as adjusted by the
application of the equalization factor based
on such assessment and provided by the
Department of Municipal Affairs; and

(b) for secondary school purposes in the district
municipality shall be the sum of the equalized
assessment under clause a and the assessment
of the property in the district municipality
upon which rates are levied in the year 1968
by the separate school board of a separate
school zone all or part of which is within the
district municipality, as adjusted by the ap-
plication of the equalization factor based on
such assessment and provided by the Depart-
ment of Municipal Affairs.

school (3) Where any part of territory without municipal or-

noun' ^"^ ganization that in the year 1968 is in a high school

lection district but not in a school section is included in a

school division and deemed a district municipality
for the purposes of section 86 the equalized assess-
ment of the property rateable,

(a) for public school purposes in the district
municipality shall be the assessment upon
which rates are levied in the year 1968 by the
board of the high school district on property
rateable for public school purposes in the
district municipality, as adjusted by the
application of the equalization factor based
on such assessment and provided by the
Department of Municipal Affairs; and

(b) for secondary school purposes in the district
municipality shall be the assessment upon
which rates are levied in the year 1968 by the
board of the high school district on all the
rateable property in the district municipality,
as adjusted by the application of the equaliza-
tion factor based on such assessment and
provided by the Department of Municipal
Affairs.

R.S.O. 1960,
c. 362, s. 87.

(1968, c. 121.'. 4. Section 87 of The Secondary Schools and Boards of
amended Education Act, as enacted by section 8 of The Secondary

Section 3. Provision is made for the apportionment of costs for
1969 in respect of territory without municipal organization that is included
in a school division.

Section 4. The portions of territory without municipal organization
which are not now in a school section but will be included in a school
division were not subject to taxation for public school purposes in 1968.
For this reason, it is necessary to exclude them from the provisions for an
adjusted rate provided in subsections 1, 2 and 3.

Section 5. Provision i!> made for levying rates in 1969 on properties
in territory without municipal organization that were included in a school
division.

Schools and Boards of Education Amendment Act, 1968, is
amended by adding thereto the following subsection :

(6) Subsections 1, 2 and 3 do not apply to a part oi i^flf^^^^°^
territory without municipal organization that is^'thout

J 11 I- • • • 1- 1 > , municipal

deemed to be a district municipality under clause o organization
or c of subsection 3 of section 81.

6. Section 88 of The Secondary Schools and Boards of ^,'302, a^is'
Education Act, as enacted by section 8 of The Secondary ^^%^^^'''-^'^^-
Schools and Boards of Education Amendment Act, 1968, isa'ne"<ie''
amended by adding thereto the following subsections:

(la) The assessment of all property rateable for public upgn®^^®"^*
school purposes in territory without municipal ot-\^^^^^9^^
ganization that is deemed a district municipality 196? in
upon which rates shall be levied in the year 1969 for public
to raise the sum determined under section 86 for purposes
public school purposes shall be,

(a) where the property in the year 1968 is not
situate in a school section or a high school
district, the assessment upon which rates are
levied in the year 1969 under The Provincial l^Wf^'
Land Tax Act, 1961-62; or

(6) where the property in the year 1968 is situate
in a school section, the assessment on which
taxes for public school purposes in the year
1969 would have been levied by the board of
such school section if such board had not been
dissolved on the 1st day of January, 1969; or

(c) where the property in the year 1968 is situate
in a high school district but not in a school
section, the assessment on which taxes for
secondary school purposes in the year 1969
would have been levied by the board of such
high school district if such board had not been
dissolved on the 1st day of January, 1969.

(16) The assessment of property rateable for secondary d°a'rrschooi
school purposes in territory without municipal or- Purposes
ganization that is deemed a district municipality
upon which rates shall be levied in the year 1969 to
raise the sum determined under section 86 for secon-
dary school purposes,

(a) in resjject of property rateable (or public
school purposes under subsection la, shall
be the assessments determined under sub-
section la; and

(ft) in respect of property rateable for separate
school purjKJses shall be,

(i) where the property in the year 1968

is not situate in a school section or a

high school district, the assessment

upon which rates are levied in the year

c®"if^' 1969 under The Provincial iMttd Tax

Act, 1961-62, or

(ii) where the property in the year 1968
is situate in a school section, the assess-
ment on which the taxes for separate
school purposes in the year 1969 are
levied by the board of the separate
school zone or would have been levied
by such board if the board had not been
dissolved on the 1st day of January,
1969, or

(iii) where the property in the year 1968
is situate in a high school district but
not in a school section, the assessment
on which taxes for secondary school
])ur]X)ses in the year 1969 would have
been levied by the board of the high
school district if such board had not
been dissolved on the 1st day of Janu-
ary, 1969.

0.362.6.^9?' 6. Section 97 of The Secondary Schools and Boards of
i^%^^'^' ^^'' Education Act, as enacted by section 8 of The Secondary
amended Schools and Boards of Education Amendment Act, 1968, is
amended b\ adding thereto the following subsection:

of'8u'h£"i."2 (^) Subsections 1 and 2 do not extend the right acquired

by a pupil to attend a school under an order of the
Ontario .Municipal Board or under an agreement
between two or more boards or between a board and
the Crown in right of Canada.

f:tr?z:l^\% 7.— (1) Subsection 1 of section 110 of The Secondary
s.^9?!*8ubs.'f Schools and Boards of Education Act, as enacted by section 9
amended of The Secondary Schools and Boards of Education Amendment

Act, 1968, is amended by striking out "2" in the eighth line

and inserting in lieu thereof "1".

Section 6. The amendment is to make it clear that the pro\ isions
giving the right to certain pupils to attend school in another school division
do not have the effect of extending the right acquired by a pupil to attend
a school under an order of the Ontario Municipal Board or an agreement
between boards or a board and the Federal Government.

Section 7. Subsections 1, 2 and 3 are amended so that the fee is
based on the gross cost per pupil in respect of classes or schools for trainable
retarded children rather than on twice the fee for other non-resident pupils.
Subsection 3 is also amended so that it refers to the residence of the parent
or guardian rather than the residence of the child and is thus made consis-
tent with subsections 1 and 2.

(2) Subsection 2 of the said section 110 is amended t)y^|g°-^^^°jj
striking out "2" in the ninth line and inserting in lieu thereof (i-*?^'^: 122,

, . J, S. 9), 8UD8. 2,

1 . amended

(3) Subsection 3 of the said section 110 is amended by ^fea,' s.^iib
inserting after "but" in the second line "his parent or guar-^;^|^^^„j,g^|;
dian" and by striking out "2" in the eleventh line and inserting ^f"®"^®<i

in lieu thereof "1", so that the subsection shall read as follows:

(3) Where a child is admitted to a school for trainable ^f',!{5ifd°"
retarded children but his parent or guardian isJ'ft'l®lL°1

. 1 111 r • r lax-exenipL

resident on lands that are exempt from taxation for lands

school purposes and that have been designated by

the Minister as a rural school section for which a

board has been appointed under subsection 1 of

section 12 of The Public Schools Act or that have been Si'.^asb.'^lli'

designated a high school district for which a board

has been appointed under subsection 5 of section 1 2,

the board shall pay to the divisional board a tuition

fee in accordance with subsection 1 of section 100a

of The Schools Administration Act.

8. — (1) This Act, except subsection 1 of section 1 and ^^o™'"^"^^-
section 7, shall be deemed to have come into force on the
23rd day of July, 1968.

(2) Subsection 1 of section 1 and section 7 shall be deemed idem
to have come into force on the 1st day of January, 1969.

9. This Act may be cited as The Secondary Schools and ^•'<""' ""®
Boards of Education Amendment Act, 1968-69.

5*
JO

D
>
<

n
3

IMS

»«

8-S.

S C

BILL 46

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend
The Secondary Schools and Boards of Education Act

Mr. Davis

(Reprinted as amended by the Education and University Affairs Committee)

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

EXPLANATORV NOTES

Section 1 — Subsection 1. The amendment excepts from the pro-
visions of this Part schools established on lands held by the Crown in
right of Canada or Ontario.

Subsection 2. There are a few portions of territory without municipal
organization which are not in a school section or a high school district
that have been included in a school division. This amendment deems such
portions to be a district municipality within the school division.

Section 2 — Subsection 1. The amendment is to correct a reference.

BILL 46 1968-69

An Act to amend The Secondary Schools and
Boards 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. — (1) Section 81 of The Secondary Schools and Boards^, f^, a^ii'
of Education Act, as enacted by section 8 of The Secondary ^^%^^'^'^'^^-
Schools and Boards of Education Amendment Act, 1968, is amended
amended by adding thereto the following subsection :

(lo) This Part does not apply to a board, school section t^PP,'b^(fo\3°"
or high school district heretofore or hereafter estab-P" exempt

° land

lished under section 12 of The Public Schools Act n.s.o. i960.
or under subsection 5 of section 12 or subsection 40"^^°
of section 51 of this Act.

(2) Subsection 3 of the said section 81 is amended bye. ■362,8. si'
striking out "and" at the end of clause a, by adding "and" l^|f ^subs.^l;
at the end of clause b and by adding thereto the following *'"*"'**'*
clause :

2.— (1) Clause b of subsection 2 of section 84 of The^-^xO-^^i2'

_, c. 362, s. 84

Secondary Schools and Boards of Education Act, as enacted by (i|68, 0. 122,
section 8 of The Secondary Schools and Boards of Education ci. 6,'
Amendment Act, 1968, is amended by striking out "3" in (.^g *'"®"<i^''
first line and inserting in lieu thereof "4", so that the clause
shall read as follows:

(6) subject to subsection 4, all real and personiil property
vested in such boards and situate in the school
division becomes vested in the divisional board.

i-.'^hz'.a^i*' (2) Clause rf of subsection 2 of the said section 84 is amended
(laBH. c. 122, jjy adding a( j^e commencement thereof "the reserve for
»ubB, 2. working funds, the balance in a reserve or a reserve fund
iimeiided accumulated from transfers from revenue funds and", so
that the clause shall read as follows:

(d) the reserve for working funds, the balance in a reserve
or a reserve fund accumulated from transfers from
revenue funds and the audited surplus or deficit as at
the 31st day of December, 1968, of each such board
shall accrue to the credit of, or become the responsi-
bility of, the assessment supporting such board on the
31st day of December, 1968, and shall be apportioned
by the arbitrators under this section among the
municipalities or parts thereof comprising the area
of jurisdiction of such board in the same proportion
as the requisition for the year 1968 was apportioned
among such municipalities or parts.

^^.'362. efii' (^) Subsection 3 of tiie said section 84 is amended by
^i|^^^°iJ2|- inserting after "1968" in the seventh line "except lands and
amended premises used as schools on such 31st day of December", so
that the subsection shall read as follows:

Arbitration ^3^ ^^^^ divisional board shall, on or before the 15th day

i\ '36^, 8,^84' (4) Subsection 4 of the said section 84 is amended by
B.^8)!*8ubl.^4: inserting after "1968" in the ninth line "except lands and
amended premises used as schools on such 31st day of December",
so that the subsection shall read as follows:

^'*®"' (4) Where a board that is dissolved under subsection 2

Subsection 3. The amendment is to exclude lands and premises
used as schools from the assets to be valued and adjusted by the arbitrators.

J
-ii

Subsection 4. The amendment is to exclude lands and premises
used as schools from the assets to be valued and adjusted by the arbitrators.

Subsection 5. The ainendiiient will permit u divisional board to pay
to an arbitrator a fee other than the fee prescribed in section 99 of The
Schools Adminislralion Act.

Section 3. Provision is made for the apportionment of costs for
1969 in respect of territory without municipal organization that is included
in a school division.

(5) The said section 84 is amended by adding thereto the^|g^-^^|2'
following subsection: (iaes.'o.izz,

amended

(10) Notwithstanding subsection 3 of section 99 of TAe fr^bTt/atora
Schools Administration Act, each arbitrator appointed R.s.o. i960,
under this section shall be paid such fee for his*''
services as is determined by the divisional board
that appointed him.

3. Part VI of The Secondary Schools and Boards of Edu- ^,fe2'pt^vi
ration Act, as enacted by section 8 of The Secondary Schools ^^^^^- "■ ^^^-
and Boards of Education Amendment Act, 1968, is amended amended
by adding thereto the following section : ,:■:■

86a. — (1) Where any part of territory without rnunicipal ^^essmont '■■

organization that in the year 1968 is not in a school jgr^i^^ly"

section or a high school district is included in a"°'.'" school
,,,... *' , , , ... .... section or

school division and deemed a district municipality, high school

for the purposes of apportionment for the year 1969

under section 86 the equalized assessment of the

property rateable,

(a) for public school purposes in the district i96i-62.
municipality shall be the assessment upon
which rates are levied in the year 1968 under

The Provincial Land Tax Act, 1961-62 on all
property rateable for public school purposes
in the district municipality; and

(b) for secondary school purposes in the district
municipality shall be the assessment upon
which rates are levied in the year 1968 under
The Provincial Land Tax Act, 1961-62 on all
rateable property in the district municipality.

(2) Where any part of territory without municipal ^''"ohooi
organization that in the year 1968 is in a school
section is included in a school division and deemed a
district municipality for the purposes of apportion-
ment for the year 1969 under section 86 the equalized
assessment of the property rateable,

(a) for public school purposes in the district
municipality shall be the assessment upon
which rates are levied in the year 1968 by the
board of the school section, as adjusted by the
application of the equalization factor baaed
on such assessment and provided by the
Department of Municipal Affairs; and

. (b) for secondary school purposes in the district
municipality shall be the sum of the equalized
assessment under clause a and the assessment
of the property in the district municipality
upon which rates are levied in the year 1968
by the separate school board of a separate
school zone all or part of which is within the
district municipality, as adjusted by the ap-
plication of the equalization factor based on
such assessment and provided by the Depart-
ment of Municipal Affairs.

Boh^'of (^) Where any part of territory without municipal or-

diBtrict but ganization that in the year 1968 is in a high school

not in J. • 1 • , • . . . ,° , , .

•ohooi district but not in a school section is included in a

school division and deemed a district municipality
for the purposes of apportionment for the year 1969
under section 86 the equalized assessment of the
property rateable,

(a) for public school purposes in the district
municipality shall be the assessment upon
which rates ju^e levied in the year 1968 by the
board of the high school district on property
rateable for public school purposes in the
district municipality, as adjusted by the
application of the equalization factor based
on such assessment and provided by the
Department of Municipal Affairs; and

c. 362, 8. 87' 4. Section 87 of The Secondary Schools and Boards of
b.'sk'"' ' 'Education Act. as enacted by section 8 of The Secondary

amended

Section 5. Provision is made for levying rates in 1969 on properties
in territory without municipal organization that were included in a school
division.

Schools and Boards of Education Amendment Act, 1968, is
amended by adding thereto the following subsections:

(la) Where in a municipality the basis upon which the^^essment
values of lands were ascertained in taking the assess- '" ^^^^
ment upon which taxes are levied in the year 1969
was different from that used in taking the assessment
upon which taxes were levied in the year 1968, the
adjusted rate, for the purpose of subsection 2 in such . • ■ [ lA.
municipality, shall be adjusted by multiplying it ■'' = ■;• '"
by the ratio of the equalization factor provided by
the Department of Municipal Affairs, based on the
assessment on which taxes were levied in the year

1968, to the equalization factor provided by the
Department of Municipal Affairs, based on the
assessment on which taxes are levied in the year

1969. "mg

(6) Subsections 1, 2 and 3 do not apply to a part of ^PPg'J.^fj'^°^
territory without municipal organization that is without

1 .1 1- ■ • • I- < 1 I municipal

deemed to be a district municipality under clause o organization
or c of subsection 3 of section 81.

5. Section 88 of The Secondary Schools and Boards o/^|g^-^^|^-
Education Act, as enacted by section 8 of The Secondary O-Qes! c 122.
Schools and Boards of Education Amendment Act, 1968, is amended'
amended by adding thereto the following subsections:

(la) The assessment of all property rateable for public upon^^^®"h*
school purposes in territory without municipal ot-\'^1^^^1^^^
ganization that is deemed a district municipality i^eg in
upon which rates shall be levied in the year 1969 for public
to raise the sum determined under section 86 for purposes
public school purposes shall be,

(a) where the property in the year 1968 is not
situate in a school section or a high school
district, the assessment upon which rates are
levied in the year 1969 under The Provincial ^^^^i'^'
Land Tax Act, 1961-62; or

(6) where the property in the year 1968 is situate
in a school section, the assessment on which
taxes for public school purpxjses in the year
1969 would have been levied by the board of
such school section if such board had not been
dissolved on the 1st day of January, 1969; or

da'ry^chooi ('^^ ^^^ assessment of property rateable for secondary

purpo»e« school purposes in territory without municipal or-

ganization that is deemed a district municipality
upon which rates shall be levied in the year 1969 to
raise the sum determined under section 86 for secon-
dary school purposes,

(o) in respect of property rateable for public
school purposes under subsection la, shall
be the assessments determined under sub-
section la; and

(b) in respect of property rateable for separate
school purposes shall be,

(i) where the property in the year 1968

is not situate in a school section or a

high school district, the assessment

upon which rates are levied in the year

c.^iii®*' 1969 under The Provincial Land Tax

Act, 1961-62, or

(iii) where the property in the year 1968
is situate in a high school district but
not in a school section, the assessment
on which taxes for secondary school
purposes in the year 1969 would have
been levied by the board of the high
school district if such board had not
been dissolved on the 1st day of Janu-
ary, 1969.

Section 6. The amendment is to make it clear that the provision*
Kiving the right to certain pupils to attend school in another sichool division
do not have the effect of extcndinR the right acquired by a pupil to attend
a school under an order of the Ontario Municipal Board or an agreement
between boards or a board and the Federal Government.

Section 7. The section is amended to correct the reference to refer
to section 100a rather than subsection 2 of section 100a.

6. Section 97 of The Secondary Schools and Boards of^-f^l^^^-
Education Act, as enacted by section 8 of The Secondary d^es! c. 122,
Schools and Boards of Education Amendment Act, 1968, is amended
amended by adding thereto the following subsection :

(3) Subsections 1 and 2 do not extend the right acquired o/'subM!'i°2
by a pupil to attend a school under an order of the
Ontario Municipal Board or under an agreement
between two or more boards or between a board and
the Crown in right of Canada.

7.— (1) Subsection 1 of section 110 of The Secondary ^/f^- 1^1%
Schools and Boards of Education Act, as enacted by section 9 (^l^^^^j^J^^-
of The Secondary Schools and Boards of Education Amendment ^'^^^'^^'^
Act, 1968, is amended by striking out "subsection 2 of" in the
eighth and ninth lines.

R cj o 1 Qfifl

(2) Subsection 2 of the said section 110 is amended byc.'362,B. 11b
striking out "subsection 2 of" in the ninth line. e^lffsubs. 2!

amended

(3) Subsection 3 of the said section 110 is amended by ^I^O- ^^^Oj^
inserting after "but" in the second line "his parent or guar- (i968,'c. 122.
dian" and by striking out "subsection 2 of" in the eleventh amended
line, so that the subsection shall read as follows:

(3) Where a child is admitted to a school for trainable ^f*^i^'°"
retarded children but his parent or guardian iSt®x-exempt
resident on lands that are exempt from taxation for lands
school purposes and that have been designated by
the Minister as a rural school section for which a
board has been appointed under subsection 1 of
section 12 of The Public Schools Act or that have been ^".^336,^361'
designated a high school district for which a board
has been appointed under subsection 5 of section 12,
the board shall pay to the divisional board a tuition
fee in accordance with section lOOa of The Schools
Administration Act. "^PJ

8.— (1) This Act, except subsection 1 of section 1 and SeSt™^"°^'
section 7, shall be deemed to have come into force on the
23rd day of July, 1968.

(2) Subsection 1 of section 1 and section 7 shall be deemed ^'*®'"
to have come into force on the 1st day of January, 1969.

9. This Act may be cited as The Secondary Schools and ^^°^^ *'*'®
Boards of Education Amendment Act, 1968-69.

3 («

>
<

5o ^

1 o I 3 I

3- a
o

BILL 46

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend
The Secondary Schools and Boards of Education Act

Mr. Davis

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

BILL 46 1968-69

An Act to amend The Secondary Schools and
Boards 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. — (1) Section 81 of The Secondary Schools and Boards^, ^^2,1^1'
of Education Act, as enacted by section 8 of The Secondary ^^^^■'^'^^^'
Schools and Boards of Education Amendment Act, 1968, is amended
amended by adding thereto the following subsection:

(la) This Part does not apply to a board, school section ^PPj^'J^oig"'^
or high school district heretofore or hereafter estab- ?" exempt
lished under section 12 of The Public Schools ^Ic/r.s.o. i960.
or under subsection 5 of section 12 or subsection 4o°' ^^°
of section 51 of this Act.

(2) Subsection 3 of the said section 81 is amended by c. 'sea,' s. si'
striking out "and" at the end of clause a, by adding "and" s^l^^subs.^l;
at the end of clause b and by adding thereto the following^'"®"''®''
clause:

2.— (1) Clause b of subsection 2 of section 84 of Thef-f^mi-
Secondary Schools and Boards of Education Act, as enacted by (i968,'c.'i22,
section 8 of The Secondary Schools and Boards of Education ci. 6,'
Amendment Act, 1968, is amended by striking out "3" in the^"*""*"^
first line and inserting in lieu thereof "4", so that the clause
shall read as follows:

(b) subject to subsection 4, all real and personal property
vested in such boards and situate in the school
division becomes vested in the divisional board.

c.'362.' B.^l* ■ (2) Clause d of subsection 2 of the said section 84 is amended
(1968, c. 122. |jy adding at the commencement thereof "the reserve for
subB. 2. working funds, the balance in a reserve or a reserve fund
amended accumulated from transfers from revenue funds and", so
that the clause shall read as follows:

(d) the reserve for working funds, the balance in a reserve
or a reserve fund accumulated from transfers from
revenue funds and the audited surplus or deficit as at
the 31st day of December, 1968, of each such board
shall accrue to the credit of, or become the responsi-
bility of, the assessment supporting such board on the
31st day of December, 1968, and shall be apportioned
by the arbitrators under this section among the
municipalities or parts thereof comprising the area
of jurisdiction of such board in the same proportion
as the requisition for the year 1968 was apportioned
among such municipalities or parts.

f:3G2'.s^i4' (3) Subsection 3 of the said section 84 is amended by
'^l^^gubs^l inserting after "1968" in the seventh line "except lands and
amended premises used as schools on such 31st day of December", so
that the subsection shall read as follows:

(3) Each divisional board shall, on or before the 15th day
of March, 1969, appoint three or five arbitrators,
who are not members of the divisional board or of a
municipal council that has jurisdiction in the school
division, wlio shall value and adjust in an equitable
manner the assets and liabilities, as of the 31st day
of December, 1968, except lands and premises used
as scliools on such 31st day of December, of the
boards that, before they were dissolved under sub-
section 2, had jurisdiction wholly in the school
division in which the divisional board has jurisdiction.

c. 362.' 8. 84' (4) .Subsection 4 of the said section 84 is amended by
B's?^8ubs.^4; i'lserting after "1968" in the ninth line "e.xcept lands and
amended premises iised as schools on such 31st day of December",
so that the subsection shall read as follows:

Idem

(4) Where a board that is dissolved under subsection 2
had jurisdiction in an area that after the 1st day of
January, 1969, forms part of two or more school
divisions, each divisional board shall, on or before
the 15th day of March, 1969, designate two of the

(5) The said section 84 is amended by adding thereto the^'^fA?- ^^1?'

/■ ' J z> Q_ 362, s. 84

followmg subsection; (1968, c 122,

amended

(10) Notwithstanding subsection 3 of section 99 of ^^« art ftrators
Schools Administration Act, each arbitrator appointed r.s.o. i960,
under this section shall be paid such fee for his'''
services as is determined by the divisional board
that appointed him.

3. Part VI of J^he Secondary Schools and Boards of Edu- ^f ^2 pt^v'i
cation Act, as enacted by section 8 of The Secondary Schools (^^^^■°- 122,
and Boards of Education Amendment Act, 1968, is amended amended
by adding thereto the following section:

86a. — (1) Where any part of territory without municipal '^^o'^aiized

• • 1 • 1 Arx^^ ■ • 1 .assessment

organization that in the year 1968 is not in a school in i96S in
section or a high school district is included in a not in sciiooi
school division and deemed a district municipality, hlgh'scho^oi
for the purposes of apportionment for the year 1959 district
under section 86 the equalized assessment of the
property rateable,

(a) for public school purposes in the district ^^^j"j^^'
municipality shall be the assessment upon
which rates are levied in the year 1968 under
The Provincial Land Tax Act, 1961-62 on all
property rateable for public school purposes
in the district municipality; and

{b) for secondary school purposes in the district
municipality shall be the assessment upon
which rates are levied in the year 1968 under
The Provincial Land Tax Act, 1961-62 on all
rateable property in the district municipality.

(2) Where any part of territory without municipal ^2j,«j9j°°'
organization that in the year 1968 is in a school
section is included in a school division and deemed a
district municipality for the purposes of apportion-
ment for the year 1969 under section 86 the equalized
assessment of the property rateable,

(a) for public school purposes in the district
municipality shall be the assessment upon
which rates are levied in the year 1968 by the
board of the school section, as adjusted by the
application of the equalization factor based
on such assessment and provided by the
Department of Municipal Affairs; and

(b) for secondary school purposes in the district
municipality shall be the sum of the equalized
assessment under clause o and the assessment
of the property in the district municipality
upon which rates are levied in the year 1968
by the separate school board of a separate
school zone all or part of which is within the
district municipality, as adjusted by the ap-
plication of the equalization factor based on
such iissessmcnt and provided by the Depart-
ment of Municipal Affairs.

8eh!>'oi'* (^) Where any part of territory without municipal or-

not In* **"* ganization that in the year 1968 is in a high school

•cbooi district but not in a school section is included in a

school division and deemed a district municipality
for the purposes of apportionment for the year 1969
under section 86 the equalized assessment of the
property rateable,

0.362, s.' 87' 4. Section 87 of The Secondary Schools and Boards of

B. SI ' " ' Education Act. as enacted bv section 8 of The Secondary^

amended

Schools and Boards of Education Amendment Act, 196S, is
amended by adding thereto the following subsections:

(la) Where in a municipality the basis upon which the reJ^gl^lsment
values of lands were ascertained in taking the assess-'" ^^^s
ment upon which taxes are levied in the year 1969
was different from that used in taking the assessment
upon which taxes were levied in the year 1968, the
adjusted rate, for the purpose of subsection 2 in such
municipality, shall be adjusted by multiplying it
by the ratio of the equalization factor provided by
the Department of Municipal Affairs, based on the
assessment on which taxes were levied in the year
1968, to the equalization factor provided by the
Department of Municipal Affairs, based on the
assessment on which taxes are levied in the vear
1969.

(6) Subsections 1, 2 and 3 do not apply to a part of ^ppji^jauon
territory without municipal organization that is without

J J , !• • • • ,• municipal

deemed to be a district municipality under clause o organization
or c of subsection 3 of section 81.

5. Section 88 of The Secondary Schools and Boards o/^lg^-^^l^'
Education Act, as enacted by section 8 of The Secondary d^^s! d 122.
Schools and Boards of Education Amendment Act, 1968, is amended
amended by adding thereto the following subsections:

(la) The assessment of all property rateable for public upon^^^Jhlch^
school purposes in territory without municipal ot-\^^^^^9^°
ganization that is deemed a district municipality i969 in
upon which rates shall be levied in the year 1969 for public
to raise the sum determined under section 86 for purposes
public school purposes shall be,

{b) where the property in the year 1968 is situate
in a school section, the assessment on which
taxes for public school purposes in the year
1969 would have been levied by the board of
such school section if such board had not been
dissolved on the 1st day of January, 1969; or

(c) where the property in the year 1968 is situate
in a high school district but not in a school
section, the assessment on which taxes for
8econdar>' school purposes in the year 1969
would have been levied by the board of such
high school district if such board had not been
dissolved on the 1st day of January, 1969.

dary*8°hooi ^^^^ ^^^ assessment of ])roperty rateable for secondary

purposes school purposes in territory without municipal or-

ganization that is deemed a district municipality
upon which rates shall be levied in the year 1969 to
raise the sum determined under section 86 for secon-
dary school purposes,

(a) in respect of property rateable for public
school ])urposes under subsection la, shall
be the assessments determined under sub-
section la; and

(6) in respect of property rateable for separate
school purposes shall be,

(i) where the property in the year 1968

is not situate in a school section or a

high school district, the assessment

upon which rates are levied in the year

^:"j':"i'^^' 1969 under The Provincial Land Tax

Act, 1961-62, or

(ii) where the property in the year 1968
is situate in a school section, the assess-
ment on which the taxes for separate
school purposes in the >'ear 1969 are
levied by tiie board of the separate
school zone or would have been levied
by such board if the board had not been
dissolved on the 1st day of January,
1969, or

6. Section 97 of The Secondary Schools and Boards of^-f^-^^^^-
Education Act, as enacted by section 8 of The Secondary &9^»'. 0.122.
Schools and Boards of Education Amendment Act, 1968, is amended
^amended by adding thereto the following subsection:

(3) Subsections 1 and 2 do not extend the right acquired ^f'su'bss"i,"2
by a pupil to attend a school under an order of the
Ontario Municipal Board or under an agreement
between two or more boards or between a board and
the Crown in right of Canada.

7.— (1) Subsection 1 of section 110 of The Secondary flgl'^1%
ISchools and Boards of Education Act, as enacted by section 9p9?8,c.i22,
|of The Secondary Schools and Boards of Education Amendment a-mended
lAct, 1968, is amended by striking out "subsection 2 of" in the
ieighth and ninth lines.

(2) Subsection 2 of the said section 110 is amended by c. '362,' s. 11b
Striking out "subsection 2 of" in the ninth line. e.^l^^subs.^i;

amended

(3) Subsection 3 of the said section 110 is amended t)y^|^°-^^^Oj^
[inserting after "but" in the second line "his parent or guar- (iaes.'c. 122,

iian" and by striking out "subsection 2 of" in the eleventh amended
|ine, so that the subsection shall read as follows:

(3) Where a child is admitted to a school for trainable ^/'^'^if^"'"
retarded children but his parent or guardian is J'?t'l®"L°'i

. Ill c • r tax-exempt

resident on lands that are exempt from taxation for lands

school purposes and that have been designated by

the Minister as a rural school section for which a

board has been appointed under subsection 1 of

section 12 of The Public Schools Act or that have been ^'.^336 ^ffi'

designated a high school district for which a board

has been appointed under subsection 5 of section 12,

the board shall pay to the divisional board a tuition

fee in accordance with section 100a of The Schools

Administration Act.

8.— (1) This Act, except subsection 1 of section 1 and Sent™^""'^'
section 7, shall be deemed to have come into force on the
23rd day of July, 1968.

(2) Subsection 1 of section 1 and section 7 shall be deemed ^''^'"
to have come into force on the 1st day of January, 1969.

9. This Act may be cited as The Secondary Schools and short title
Boards of Edtication Amendment Act, 1968-69.

>
<

►■■*

c.
c

c
r.

BILL 47

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Separate Schools Act

Mr. Davis

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

Explanatory Notes

Sf.ction I. The amendment is necessary to form a district muni-
cipality of those portions of territory without municipal orKanization that
now form part of a combined separate school zone that will become part
of a district combined separate school zone.

Section 2. The amendment corrects a reference.

Section 3 — Subsection 1. The amendment corrects a reference.

BILL 47 1968-69

An Act to amend The Separate Schools 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 74 of The Separate Schools Act,^-^^- isso,
as enacted by section 6 of The Separate Schools Amendment (iqgs! c. 125.
Act, 1968, is amended by inserting after "Part" in the fourth amended
line "and any part of territory without municipal organization

that is part of a combined separate school zone whose centres
are in an area designated by the regulations made under this
Part", so that the subsection shall read as follows:

(3) For the purposes of this Part, every separate school Jfthout ^
zone that comprises only territory without municipal JJ}.ganTzaUon
organization and whose centre is in an area designated '" zones
by the regulations made under this Part and any district
part of territory without municipal organization paiities
that is part of a combined separate school zone whose
centres are in an area designated by the regulations
made under this Part shall be deemed to be a district
municipality.

2. Subsection 4 of section 76 of The Separate Schools Act, ^%-^l^^%-
as enacted by section 6 of The Separate Schools Amendment '^^^^^■^^■^^'^^'
Act, 1968, is amended by striking out "1" in the fourth line amended
and inserting in lieu thereof "3".

3.— (1) Clause b of subsection 1 of section 80 of Thef/U^.l^io
Separate Schools Act, as enacted by section 6 of The Separate ^^\^^-^^\^l^\'
Schools Amendment Act, 1968, is amended by striking out "2" ^i- >>'•_,
in the first line and inserting in lieu thereof "3", so that the
clause shall read as follows:

{b) subject to subsection 3, all property vested in such
boards and situate in the county or district combined
separate school zone becomes vested in the county
or district combined separate school board.

? 368, i.®80* (2) Clause d of subsection 1 of the said section 80 is amended
B?6)?iubi.^i; ^y adding at the commencement thereof "the reserve for
"'■'''j J woricing funds, the balance in a reserve or a reserve fund

accumulated from transfers from revenue funds and", so

that the clause shall read as follows:

(rf) the reserve for working funds, the balance in a
reserve or a reserve fund accumulated from transfers
from revenue funds and the audited surplus or
deficit as at the 31st day of December, 1968, of each
such board shall accrue to the credit of, or become
the responsibility of, the assessment supporting such
board on the 31st day of December, 1968, and shall
be apportioned by the arbitrators under this section
among the municipalities or parts thereof comprising
the area of jurisdiction of such board in the same
proportion as the requisition for the year 1968 was
apportioned among such municipalities or parts.

?M(m.i.'*8o' (3) Subsection 2 of the said section 80 is amended by
8.'?j?!*sui,8.^2: inserting after "1968" in the eighth line "except lands and
amended premises used as schools on such 31st day of December",
so that the subsection shall read as follows:

(2) Each county or district combined separate school
board shall, on or before the 15th day of March,
1969, appoint three arbitrators who are not trustees
of the board or members of a municipal council that
has jurisdiction within the county or district com-
bined separate school zone, who shall value and
adjust in an equitable manner the assets and lia-
bilities, as of the 31st day of December, 1968, except
lands and premises used as schools on such 31st day
of December, of the boards that, before they were
dissolved under subsection 1, had jurisdiction wholly
in the area in which the county or district combined
separate school board has jurisdiction.

r -ios. s. xo' (4) Subsection 3 of the said section 80 is amended by

i'e)'**s,'^iJ;'ij'; inserting after "manner" in the ninth line "the assets and

amended liabilities of such boards as of the 31st day of December, 1968,

except lands and premises used as schools on such 31st day of

December, and shall appxjrtion in an equitable manner", so

that the subsection shall read as follows:

Idem

(3) Where a board that is dissolved under subsection 1
had jurisdiction in an area that, after the 1st day of
January, 1969, forms part of two or more county or
district combined separate school zones, each such
county or district combined separate school board

Subsection 2. The amendment provides that the reserve for working
funds and the balance in a reserve accumulated from transfers from revenue
funds shall be dealt with in the same manner as the audited surplus or
deficit.

Subsection 3. The amendment is to exclude lands and premises
used as schools from the assets to be valued and adjusted by the arbitrators.

Subsection 4. Provision is made for arbitrators to value and adjust
assets and liabilities other than lands and premises used as schools.

Subsection 5. The amendment will permit a county or district
combined separate school board to my to an arbitrator a fee other than
the fee prescribed in section 99 of The Schools Administratum Act.

Section 4. The amendment is to make it clear that the provisions
siviiig the right to certain pupils to attend school in another combined
separate school zone do not have the effect of extending the right acquired
by a pupil to attend a school under an order of the Ontario Municipal
Board or an agreement between boards or a board and the Federal
Goveran\ent.

shall, on or before the 15th day of March, 1969,
designate two of the arbitrators appointed under
subsection 2 who shall collectively value and adjust
in an equitable manner the assets and liabilities of
such boards as of the 31st day of December, 1968,
except lands and premises used as schools on such
31st day of December, and shall apportion in an
equitable manner the obligations under clauses c
and /of subsection 1.

(5) The said section 80 is amended by adding thereto thec.'aes.'s. so'
following subsection: s^ef,^' "' ^^^'

amended

(9) Notwithstanding subsection 3 of section 99 of The Feesjor^^^
Schools Administration Act, each arbitrator appointed r.s.o. i960,
under this section shall be paid such fee for his°-^^^
services as is determined by the board that appointed
him.

4r. Section 86 of The Separate Schools Act, as enacted by c.'ses.'s. so'
section 6 of The Separate Schools Amendment Act, 1968, is^^l^^' '^^ ^^^'
amended by adding thereto the following subsection: amended

(3) Subsections 1 and 2 do not extend the right acquired ofsubss.'i,"2
by a pupil to attend a school under an order of the
Ontario Municipal Board or under an agreement
between two or more boards or between a board and
the Crown in right of Canada.

5. This Act shall be deemed to have come into force on the ment'"^"''^
23rd day of July, 1968.

6. This Act may be cited as The Separate Schools Amend-^^"''^ ''"^
ment Act, 1968-69.

vO
00

>
<

n
n

I I 3 I.

3" ^

BILL 47

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

An Act to amend The Separate Schools Act

Mr. Davis

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

BILL 47 1968-69

An Act to amend The Separate Schools 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 74 of The Separate Schools -4<^'. ^feg' ^^l?'
as enacted by section 6 of The Separate Schools Amendment dses! c'. 12s,
Act, 1968, is amended by inserting after "Part" in the fourth amended^' '
line "and any part of territory without municipal organization

that is part of a combined separate school zone whose centres
are in an area designated by the regulations made under this
Part", so that the subsection shall read as follows:

(3) For the purposes of this Part, every separate school wfthout^
zone that comprises only territory without municipal "ganlzaUon
organization and whose centre is in an area designated j" zones
by the regulations made under this Part and any district
part of territory without municipal organization paiities
that is part of a combined separate school zone whose
centres are in an area designated by the regulations
made under this Part shall be deemed to be a district
municipality.

2. Subsection 4 of section 76 of The Separate Schools Act, f.t^^l^j e'
as enacted by section 6 of The Separate Schools Amendment ^^%^f^°[^l^l-
Act, 1968, is amended by striking out "1" in the fourth line«'»ended '
and inserting in lieu thereof "3".

3. — (1) Clause b of subsection 1 of section 80 of The q.'sgs! b^so'
Separate Schools Act, as enacted by section 6 of The Separate s^%^^'Buhlfi'.
Schools Amendment Act, 1968, is amended by striking out "2" amended
in the first line and inserting in lieu thereof "3", so that the
clause shall read as follows:

(b) subject to subsection 3, all property vested in such
boards and situate in the county or district combined
separate school zone becomes vested in the county
or district combined separate school board.

o^fe?; a?io' (2) Clause d of subsection 1 of the said section 80 is amended
•^at^iubi^i' ^^ adding at the commencement thereof "the reserve for
ci. d', ' working funds, the balance in a reserve or a reserve fund

accumulated from transfers from revenue funds and", so

that the clause shall read as follows:

(d) the reserve for working funds, the balance in a
reserve or a reserve fund accumulated from transfers
from revenue funds and the audited surplus or
deficit as at the 31st day of December, 1968, of each
such board shall accrue to the credit of, or become
the responsibility of, the assessment supporting such
board on the 31st day of Decemljer, 1968, and shall
be apportioned by the arbitrators under this section
among the municipalities or parts thereof comprising
the area of jurisdiction of such board in the same
proportion as the requisition for the year 1968 was
apportioned among such municipalities or parts.

^■fes,' 8.^80 ■ (3) Subsection 2 of the said section 80 is amended by
(i^68;cj^i25, inserting after "1968" in the eighth line "except lands and
amended premises used as schools on such 31st day of December",
so that the subsection shall read as follows:

c'ses.'s.^lo' (4) Subsection 3 of the said section 80 is amended by

8?6?^8ub8.^3: inserting after "manner" in the ninth line "the assets and

amended liabilities of such boards as of the 31st day of December, 1968,

except lands and premises used as schools on such 31st day of

December, and shall apportion in an equitable manner", so

that the subsection shall read as follows:

Idem

shall, on or before the ISth day of March, 1969,
designate two of the arbitrators appointed under
subsection 2 who shall collectively value and adjust
in an equitable manner the assets and liabilities of
such boards as of the 31st day of December, 1968,
except lands and premises used as schools on such
31st day of December, and shall apportion in an
equitable manner the obligations under clauses c
and / of subsection 1.

(5) The said section 80 is amended by adding thereto the^fes.'s.^lo'
following subsection : ^^§ff ■' °- ^^^-

amended

(9) Notwithstanding subsection 3 of section 99 of ^^^fr^bftratore
Schools Administration Act, each arbitrator appointed r.s.o. i960,
under this section shall be paid such fee for his "• ^®^
services as is determined by the board that appointed
him.

4. Section 86 of The Separate Schools Act, as enacted by ^f e?,' s.^le'
section 6 of The Separate Schools Amendment Act, 1968, '^sl^^^^'^-^"^^-
amended by adding thereto the following subsection : amended

(3) Subsections 1 and 2 do not extend the right acquired ^/'8u'bS!'i,°2
by a pupil to attend a school under an order of the
Ontario Municipal Board or under an agreement
between two or more boards or between a board and
the Crown in right of Canada.

5. This Act shall be deemed to have come into force on the Sent"*°°*
23rd day of July, 1968.

6. This Act may be cited as The Separate Schools Amend-^^°'^ ""«
ment Act, 1968-69.

n
3

M* 8
>o 5,

St.

S- 1

»<s

BILL 48

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

The Professional Engineers Act, 1968-69

Mr. Wishart

TORONTO

Printed and Published by Frank Fogg, Queen's Printer

TABLE OF CONTENTS

Section Pack

INTERPKETATION I, 2 1

THE ASSOCIATION i i

THE COUNCIL 4-10 4

MEMBERSHIP 11-16 9

LICENSING 17-19 11

PARTNERSHIPS, CORPORATIONS 20 13

EXAMINATIONS 21 14

REGISTRAR 22. 23 15

HEARINGS, UPON APPLICATIONS 24 IS

DISCIPLINARY 25 15

APPEALS 26 20

OFFENCES 27 21

LIMITATION OF ACTIONS 28 22

TRANSITIONAL PROVISIONS 29 23

MISCELLANEOUS 30-32 23

EXPLANATOKV NoTES

GivNKKAL — At the 1968 Session of the Legislature, Bill 42 was intro-
duced which represented the first comprehensive revision of The Profes-
sional Engineers Act which was first passed in 1922. Bill 42 was not
prfx-eeded with in view of the publication at that time of the Report of the
Ro\al Commission Inquiry into Civil Rights.

Ihe changes made in this revision are designed to facilitate the
.Ass<x-iali()n of Professional P^ngineers of the Province of Ontario in the
administraliiin of its affairs and to bring the .\ct up to date in substaiKC
and form.

Most of the differences betweeii this Bill and Bill 42 are changes to
conform to the recommendations of the .McRuer Report.

BILL 48 1968-69

The Professional Engineers Act, 1968-69

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

INTERPRETATION

1. In this Act, interpre-

tation

(a) "Association" means the Association of Professional
Engineers of the Province of Ontario;

(b) "by-law" means a by-law of the Association;

(d) "council" means the council of the Association;

(e) "graduate" means a graduate of a university in a
course in any branch of engineering or science, the
practice of which constitutes professional engineering
and which is recognized by the council;

(/) "licence" means a licence to practise professionjil
engineering issued under this Act;

(g) "licensee" means a person who holds a subsisting
licence;

(h) "member" means a member of the Association;

(i) "practice of professional engineering" means the
doing of one or more acts of advising on, reporting
on, designing of or supervising of the construction
of, all public utilities, industrial works, railways,
tramways, bridges, tunnels, highways, roads, canals,
harbour works, lighthouses, river improvements,
wet docks, dry docks, floating docks, dredges,

cranes, drainag;e works, irrigation works, watt,
works, water purification plants, sewerage works,
sewage disposal works, incinerators, hydraulic works,
power transmission systems, steel, concrete or re-
inforced concrete structures, electric lighting sys-
tems, electric power plants, electric machinery,
electric or electronic apparatus, electrical or elec-
tronic communication systems or equipment, mineral
property, mining machinery, mining development,
mining operations, gas or oil developments, smelters,
refineries, metallurgical machinery, or equipment or
apparatus for carrying out such operations, mach-
inery, boilers or their auxiliaries, steam engines,
hydraulic turbines, pumps, internal combustion
engines or other mechanical structures, chemical or
metallurgical machinery, apparatus or processes,
or aircraft, and generally all other engineering works
including the engineering works and installations
relating to airports, airfields or landing strips or
relating to town and community planning;

(j) "professional engineer" means a person who is a
member or licensee;

(k) "region" means a geographical area of Ontario at
defined by by-law;

(/) "register" means the record of registrants main-
tained by the registrar;

(m) "registrant" means a person recorded in the register
as a member, licensee, an assistant to a professional
engineer, a graduate or an undergraduate;

(n) "registrar" means the registrar of the Association;

(o) "regulation" means a regulation of the Association;

(/>) "undergraduate" means a student enrolled at but
not graduated from a university in a course in any
branch of engineering or science, the practice of which
constitutes professional engineering and that is
recognized by the council. R.S.O. 1960, c. 309, s. 1.
amended.

Ai tivities 2. Nothing in this Act prevents,

not affettecl ° '^ '

(a) any person from performing his duties in the Cana-
dian Armed Forces;

Section 2 — Clause e. The exemption relating to mining work is
revised. Provision is made in section 11 (6) for admission to membership
in the Association of persons who are engaged in this field.

(b) any member or licensee of the Ontario Association of
Architects under The Architects Act or any employee Rso. loeo.
of such member or licensee acting under the direction

and responsibility of such member or licensee from
performing professional engineering services in the
course of any work undertaken or proposed to be
undertaken by such member or licensee as an
architect ;

under The Operating Engineers Act from practising ^fg"' ^^®°'
or designating himself as an operating engineer;

{d) any person from practising as a bacteriologist,
chemist, geologist, mineralogist or physicist;

(/) any person from operating, executing or supjervising
any works as owner, contractor, superintendent,
foreman, inspector or master,

or requires any such person to become registered or licensed
under this Act in order to do any such thing. R.S.O. 1960,
c. 309, s. 2, amended.

THE ASSOCIATION

3. — (1) The body politic and corporate known as the ^q^^/J}^*^"

"Association of Professional Engineers of the Province of

Ontario" incorporated under The Professional Engineers Act, i922, o. 59
1922 is hereby continued.

(2) All persons who are members of the Association when "Members
this Act comes into force or who hereafter are admitted as
members constitute the Association. R.S.O. 1960, c. 309,

s. 3 (1), amended.

(3) The objects of the Association are. Objects

(a) to regulate the practice of professional engineering
and to govern the profession in accordance with this
Act, the regulations and the by-laws;

{b) to establish and maintain standards of knowledge
and skill among its members; and

in order that the public interest may be served and protected.

New.

Head omce (4) The head office of the Association shall be at the city
of Toronto.

Property (5) The Association may purchase, acquire or take by

gift, devise or bequest for the purposes of the Association and
the furtherance of its objects, but for no other purposes or
objects, any real or personal property, and may sell, mortgage,
lease or otherwise dispose of any such property. R.S.O. 1960,
c. 309, s. 3 (4, 5).

THE COUNCIL

Council 4. — (1) There shall be a council which shall consist of a

president, a first vice-president, a second vice-president, an
immediate past president, two elected councillors-at-large,
ten elected regional councillors and five appointed councillors,
all of whom shall be members and residents of Ontario.

President (2) The president and the vice-presidents shall have such

presidents qualifications as are prescribed by by-law and shall be elected

annually by vote of the members. R.S.O. 1960, c. 309,

s. 8 (1-3), amended.

Councillors-
at-large

(3) One councillor-at-large shall be elected each year for a
two-year term by vote of the members. New.

Regional
councillors

(4) There shall be elected from each of the five regions
established and defined by by-law two regional councillors,
one to be elected from each region each year for a two-year
term by vote of the members who are recorded as residents in
that region at the time the election is held.

Appointed (5) The five appointed councillors shall be appointed by

the Lieutenant (iovernor in Council for a term of three years
and shall be qualified respectively in the following fields of

engineering:

1. Civil.

2. Mechanical, Aeronautical and Industrial.

3. Electrical.

Section 4 — Subsection 4. The method of electing ten of the coun-
cillors is changed from a branch basis which is the basis in the present
Act to a geographical basis.

Subsections 6, 7. These new provisions implement Recommendations
2 and 7 of the McRuer Report (page 1209 of Volume 3).

4. Chemical and Metallurgical.

5. Mining and Geology. R.S.O. 1960, c. 309, s. 8
(5, 6), amended.

(6) In addition to the councillors mentioned in subsection 1, '^(f/nciuor;
the Lieutenant Governor in Council may appoint as coun- J,®8ai^.j^^^
cillors,

(a) a person who is not a member; and

{b) a person who is a barrister and solicitor of at least
ten years standing at the bar of Ontario,

both of whom are residents of Ontario.

(7) Persons appointed under subsection 6 shall serve for'''®'"'"
a term of three years but are eligible for re-appointment.

(8) Where the president, a vice-president or a councillor ^'"'^"'^'®*
resigns, is absent from three consecutive meetings of the
council, becomes incapacitated or dies, the office may be
declared vacant by the council, and, if such office should be
declared vacant, except in a case of a councillor appointed by

the Lieutenant Governor in Council, the council shall fill the
vacancy in such manner as is provided by by-law, and in the
case of a vacancy in the office of a councillor appwinted by the
Lieutenant Governor in Council, the Lieutenant (Governor in
Council may fill the vacancy by appointment of a person of
the same class as the councillor causing the vacancy. R.S.O.
1960, c. 309, s. 8 (6, 7), amended.

(9) No person shall be appointed or elected to the council ti°be'""°"
unless he is a Canadian citizen or other British subject, and '^^"*'^'*"*
no person shall continue to hold any such office if he ceases to

be so qualified. New.

5. The council, S?fi?,'™/'

' treasurer,

secretary.

(a) shall appoint a registrar and a treasurer; and director

{b) may appoint a secretary, an executive director and
such other officials as the council deems fit,

and any two or more of such offices may be held by one
person. New.

6. No action shall be brought against the council, any^^^^UHy^^
member or officer thereof or any person appointed by the officers and

., f , . , I 1 • « 1 . members

council tor anythmg done under this Act, any regulation
or any by-law. R.S.O. 1960, c. 309, s. 29, amended.

ReguiationB 7. (1) The council may make regulations respecting any
matter that is outside the scope of the power to enact by-laws
specified in section 8 and, without limiting the generality of the

foregoing,

(a) prescribing the scope and conduct of examinations
of candidates for registration ;

{b) prescribing the form of the summons referred to in
subsection 10 of section 25;

(d) defining "professional misconduct" for the purpose
of this Act and the regulations;

(e) defining classes of specialists in the various fields of

engineering;

(/) prescribing the qualifications required of specialists
or any class thereof;

(g) providing for the designation of specialists upon
application and examination or otherwise, for the
suspension or revocation of sucli designations, and
for the regulation and prohibition of the use of
terms, titles or designations by professional engineers
indicating specialization in any field of engineering;

(/;) regulating and prohibiting the use of terms, titles
or designations by professional engineers in indepen-
dent practice.

Ai.prcjviii.-. (2) \o regulation is effective,

(a) until it has been submitted to the members for
approval by means of a letter ballot returnable
within thirty days after the mailing thereof and it
has been approved by a majority of those voting
within the prescribed time; and

(h) until it has been approved by the Lieutenant
(".ovcrnor in Council. New.

By-laws 8. — (1) The council nia\' pass by-laws relating to the

administrative and domestic affairs of the Association, and,
without limiting the generality of the foregoing,

(«) respecting the determination and modification of the
boundaries of regions and tlie determination of

Sections 7 and 8. These sections implement Recommendations 25
and 26 of the McRuer Report (page 1211 of Volume 3).

regions in wiiicii members shall be deemed to reside
for the purposes of the election of councillors;

(b) prescribing procedures for the nomination and elec-
tion of the councillors and the nomination and
election of the president and the vice-presidents and
the qualifications necessary to hold any such office;

(d) respecting the remuneration and reimbursement of
members of the council;

(e) respecting the calling, holding and conduct of meet-
ings of the council and the Association;

(/) providing for the establishment and regulation of
chapters ;

(g) respecting the management of the property of the
Association ;

(h) providing for the borrowing of money on the credit
of the Association and the charging, mortgaging,
hypothecating or pledging of any of the real or
personal property of the Association to secure any
money borrowed or other debt or any other obliga-
tion or liability of the Association;

(i) respecting the application of the funds of the Asso-
ciation, and the investment and re-investment of
any of its funds not immediately required in any
investments that may from time to time be autho-
rized investments for joint stock insurance companies
and cash mutual insurance corporations under The^-^f-^^^^'
Corporations Act;

(j) defining the composition and functions of the board
of examiners;

(k) providing for the establishment of scholarships,
bursaries and prizes;

(/) providing for the appointment of committees of the
council and defining their composition and functions;

(m) providing for the closing of the register and the
restriction of recording changes of addresses of the
registrants for a period of time not exceeding forty-

eight hours, exclusive of Sundays and holidavH.
immediately preceding any meeting of the memlx;
or any election ;

(n) respecting the registration of members and the
recording of licensees, graduates, undergraduates
and assistants to professional engineers;

(o) for maintaining a system for the recording of regis-
trants, their residence addresses and the regions in
which they are resident and for the recording of the
names of official representatives of partnerships,
associations of persons or corporations;

(p) providing for services to encourage and assist mem-
bers in the development of their professional com-
petence and conduct and in carrying on the practice
of professional engineering;

(q) fixing and providing for levying and collecting or
remitting annual and other fees, levies and assess-
ments;

(r) prescribing forms and providing for their use;

(s) respecting all other things that are deemed necessary
or convenient for the attainment of the objects of
the Association and the efficient conduct of its

business.

Approval (2) No by-law is eflfective until it has been submitted to the

members for approval by means of a letter ballot returnable
within thirty days after the mailing thereof and unless it has
been approved by a majority of those voting within the
prescribed time. R.S.O. 1960, c. 309, s. 5, cl. a, amended.

Construction (3^ ^g between a registrant and the Association, the ruling
of the council on the construction and interpretation of any
by-law is final. R.S.O. 1960, c. 309, s. 4 (2), amended.

ethtre"' ^' — (0 The council shall prepare and publish from time to

time a code of ethics containing standards of conduct designed
for the protection of the public, which standards members
and licensees must subscribe to and follow in the practice
of professional engineering.

Copies ^2) Copie.'* of the code of ethics shall be sent to the members

and licensees and shall be available free of charge to members
of the liublic who appl\' therefor. New.

Section 9. This new section implements Recommendation 9 of the
McRuer Report (page 1209 of Volume 3).

Section II. In clause <{ of subsection 1 the experience requirement
is increased from live to six years to conform with the ref|uirement in all
other provinces of Canada.

Provision is also made for the admission in certain circumstances of
persons who do not reside in Ontario.

10. The council may authorize participation by the Asso- councif of
ciation in the activities of the Canadian Council of Profes- Professional
sional Engineers, as a constituent association thereof. New.

MEMBERSHIP

11. — (1) Any applicant for membership who, Uon'for*"

membership

(a) resides,

(i) in Ontario,

(ii) out of Ontario and is employed for an in-
definite period as a full-time employee of an
employer having works or facilities in Ontario
and is required by the terms of his employ-
ment to practise professional engineering in
resjject of such works or facilities or has a
place of employment in Ontario and practises
or proposes to practise professional engineer-
ing in Ontario on a full-time basis;

(6) is twenty-one or more years of age;

(rf) has had six or more years of experience in engineering
work satisfactory to the council; and

(e) provides satisfactory evidence of good character,

shall be admitted as a member by the council.

(2) Each applicant for membership shall submit upon the qualification
prescribed form evidence of his educational qualifications and
engineering experience, information as to his residence and at

least three references as to his character and engineering
expierience, and he may be required by the council to verify
the statements set out in his application by affidavit. R.S.O.
1960, c. 309, s. 10 (1, 2), amended.

(3) The council may exempt an applicant from any of the ao'ademic'"
examinations mentioned in clause c of subsection 1 if the puaiiflca-'^
council is of the opinion that the applicant has adequate''""^
academic and other qualifications. New.

timespSnt (*^ Where the applicant is a graduate, upon presenting
university evidence of the actual time during which he was under instruc-
tion as an undergraduate in a university, the council shall
grant him the time spent under such instruction in reduction
of the six-year period of engineering experience required by
clause d of subsection 1, but only in so far as the total exemp-
tion granted does not exceed four years. R.S.O. 1960, c. 309,
s. 10 (4), amended.

Board of
examinerH

(5) The council may for the purpose of subsection 3 or 4
i'^iifi^f'.I^L require the board of examiners to consider and make recom-
mcndations to the council with respect to any applications
for exemption, including an application for exemption of
a graduate in honours science. New.

Saving (^) jl^g council shall exempt from the examinations men-

tioned in clause c of subsection 1 any person who resides in
Ontario on the day this Act comes into force and who has
been engaged in the performance of any engineering work
specified in clause e of section 2 of The Professional Engineers
Act, being chapter 309 of the Revised Statutes of Ontario,
1960, for a period or periods of not less than six years in the
aggregate, if such person submits to the council, within one
year from the day this Act comes into force, satisfactory
evidence of having been so engaged. New.

of^members l^. The council may, upon application and satisfactory
assoi^aUons P'''^of ^^ residence, admit as a member any person who resides
in Ontario, or who resides out of Ontario under the circum-
stances set out in subclause ii of clause a of subsection 1 of
section 11, and who furnishes satisfactory proof,

(a) tliat he is a member of an association of professional
engineers in another province or a territory of
Canada that lias objects similar to those of the
.Associ.ition and requirements for membership no
less exacting than those in effect in Ontario; or

{b) that he is a member of an association of professional
engineers in another part of the Commonwealth or
in the United States of America that has objects
similar to those of the Association and requirements
for membership no less exacting than those in effect
in Ontario.

suuients jg^ i'crsons who are engaged as assistants to professional

assistants engineers in categories recognized by the council and gradu-
ates and undergraduates who have not completed the period
of engineering exp)erience required by this Act and who con-

template applying for membership on the completion of the
period of engineering experience may, upon application in the
prescribed form, be recorded in the Association's register but
not as members of the Association until fully qualified, and
upon being so recorded are subject to the control of the
council in accordance with this Act, the regulations and the
by-laws. R.S.O. 1960, c. 309, s. 13, amended.

14. — (1) The annual fee from a registrant shall be deemed Annual fee
to be a debt due to the Association and is recoverable from
him in the name of the Association in any court of competent
jurisdiction. R.S.O. 1960, c. 309, s. 24, amended.

(2) Where the annual fee is not paid within six months ^a'y'ment o
from the date upon which it became due, the treasurer shall ^"""*' "^^^
send a written notice of such default by prepaid mail addressed
to the registrant's last address as shown on the register, and,
if payment is not made within one month thereafter, the
registrar, upon the direction of the council, shall delete or
cause the name of the registrant to be deleted from the
register, and thereupon the registrant ceases to be a member,
a licensee, an assistant to a professional engineer, or a graduate
or undergraduate recorded pursuant to section 13, as the case
may be. R.S.O. 1960, c. 309, s. 25 (1), amended.

15. Any member who intends to withdraw from the prac- uonsf "*
tice of professional engineering and whose fees are paid up

shall send written notice thereof to the registrar, whereupon
the registrar shall delete his name from the register. R.S.O.
1960, c. 309, s. 25 (2), amended.

16. Any person who ceased to be a member under sub- ^ong'"'*'
section 2 of section 14, upon payment of the fees owing at the

time he ceased to be a member and the fee for the current
year, or any person whose name has been deleted from the
register under section 15, upon payment of the fee for the
current year, and, in either case, upon production of evidence
of good character satisfactory to the council, shall, upon the
direction of the council, have his name restored on the register.
R.S.O. 1960, c. 309, s. 25 (3), amended.

LICENSING

17. — (1) The registrar may upon application issue a licence J^JJ^^^^J^^
to any person who resides in Canada but not in Ontario and members of

,,., ., fi,. , r associations

who furnishes satisfactory proof that he is a member of an of other

„„ • ■• r r ■ 1 • • .1 • provinces

association oi proiessional engineers in another province or a
territory of Canada that has objects similar to those of the
Association.

iHHUe o(

Ihences to
I'onxultlnK
Hpei lallDtH

(2) An\ jxTson who docs not reside in Canada but wlio in
the opinion of the council is a consulting specialist in a field
of professional engineering who has had not less than ten years
experience in the practice of his profession, or who furnishes
sjitisfactory evidence that he has qualifications at least equal
to those required for registration as a professional engineer
in Ontario, nia\', with the approval of the council, be issued a
licence.

Issue of

licences tn

persons

from

provinces

without

associatioiiH

(3) Any person practising or proposing to practise pro-
fessional engineering who resides in a territory of Canada in
which there is no association of professional engineers that
has objects similar to those of the Association, may, with the
approval of the council, be issued a licence.

Practise \t;
applicant
for a

licence

(4) Where an applicant for a licence fails to obtain ii
promptly for an\- reason unrelated to his professional capacit\
or his own neglect, he may practise professional engineering
in Ontario for a period of not more than three months without

a licence.

Licence to
\>e issued
\>y the
registrar

Additional
conditions

(5) The registrar shall issue a licence in the prescribed form
to an\' person entitled thereto and shall specify therein the
work ii[X)ii which and the name of the employer in Ontario by
whom the holder of the licence is to be employed and the
period for which it is issued, but in no case shall the period
extend beyond the end of the calendar year in which the
licence is issued. R..S.O. 1960, c. 309, ss. 14, 22 (4), amended.

(6) The council ma\ direct that any licence issued under
subsection 2 shall, in addition to the conditions mentioned
in subsection 5, contain a condition that the licensee ma\
practise professional engineering in Ontario only in collabora-
tion with a member who shall sign and seal any plans and
s|x.'citications together with the licensee. New.

Wheie
liienc e nut
rofiiiired

18. .An\ person who is employed as a professional engineer
b> a public service corporation carrying on an interprovincial
undertaking or by the (iovernment of Canada and who is by
reason of his employment required to practise professional
engineering in a province or territor\ of Canada other than
that of his residence may practise professional engineering in
Ontario without a licence, but he shall on demand of the
foiiiu ii furnish satisfactory evidence that he is a member of an
association of professional engineers in another province or a
territory of Canada that has objects similar to those of the
.Association. R.S.O. 1960, c. 309, s. 15, amended.

.Seals,
inenit-ers

19. — (1) Every member shall have a seal of a design
appro\ ccl b\ the council, the impression of which shall contain

Section 20. The provisions respecting the practice of professional
engineering by partnershi|)s, associations and corporations are revised
in order to ensure a greater degree of control.

the name of the engineer and the words "Registered Profes-
sional Engineer" and "Province of Ontario". R.S.O. 1960,
c. 309, s. 16, amended.

(2) Every licensee shall have a seal of a design approved /i^gjj^ggg
by the council, the impression of which shall contain the

name of the licensee and the words "Licensed Professional
Engineer" and "Province of Ontario".

(3) All final drawings, specifications, plans, reports and f n^"ygg'"of
other documents involving the practice of professional en-^®*'
gineering when issued shall bear the signature and seal of the
professional engineer who prepared or approved them. New.

PARTNERSHIPS, CORPORATIONS

20. — (1) No partnership, association of persons or cor- ^^^g^j^^j^g^
porations as such shall be a member or a licensee, or shall, by partner-

'^ 1 • 1 1 1 • • • f • , ships and

except as authorized by this section, practise professional corporations
engineering.

(2) A partnership, association of persons or corjx)ration certificates
that holds a certificate of authorization may, in its own name, ^^^J'^^"''^'
practise professional engineering,

(a) if one of its principal or customary functions is to
engage in the practice of professional engineering;
and

(b) if the practice of professional engineering is done
under the responsibility and supervision of a member
of the partnership or the association of persons, a
director of the corporation, or a full-time employee
of the corporation, who in any case is a member; or

(c) if the practice of professional engineering is done
under the responsibility and sufjervision of a member
of the partnership or the association of persons, a
director of the corporation, or a full-time employee
of the corporation, who in any case is a licensee,
provided that the practice of professional engineer-
ing is restricted to the work specified in the licence
of the licensee. R.S.O. 1960, c. 309, s. 18, amended.

j (3) A partnership, association of persons or corporation Applications

[ that desires a certificate of authorization shall submit to the certificates
registrar an application in the prescribed form containing,

(a) the names and addresses of all its partners, members,
officers or directors, as the case may be;

(b) the names of all its partners, members of asaocia-
tions of persons, directors of corporations, or full-
time employees of corporations, as the case may be,
who are the members or licensees who will be in
charge of professional engineering on its behalf;

(c) from among the names specified under clause b the
name or names of its official representative or repre-
sentatives whose dut\' it is to ensure that this Act,
and the regulations and the by-laws are complied
with b\' the partnership, the association of persons
or the corporation, as the case may be,

and sliall, whenever there is a change in the particulars given
in its application, give notice of the change to the registrar
within thirt>- days after the effective date of the change.

rerun?ates ^^^ '^ subsection 3 is complied with, the registrar shall
issue to the applicant a certificate of authorization.

revo/aUon (^) Where the holder of a certificate of autiiorization ceases

of „ to have anv official representative, the certificate is ipso facto

revoked, and the partnership, association ot persons or cor-

l)oration shall not practise professional engineering until a

new certificate of authorization is issued.

onkenl'ee'^ (6) Where the council finds that the holder of a certificate
'^•' of authorization has failed to observe any of the provisions

of this section or has been guilty of conduct that would, in
the case of a member or licensee, have been professional mis-
conduct, the council ma\ reprimand the holder or suspend or
revoke the certificate of authorization.

of"ii"'i.M''2'r.. (7) Sections 24, 25 and 26 apply mutatis mutandis to the
~'^ refusal to issue a certificate of authorization and to the

revocation or suspension of a certificate of authorization.

.\ew.

KXAMINATIONS

'^"""' 21. — (1) The council shall appoint annually a board of

examiners. R.S.O. 1960. c. 309, s. 19. amended.

Central

cxanunint:

l.oard

(2) The council ma\ establish conjointly with the council
of ;ui> association in one or more of the provinces or terri-
torie? of Canada that has objects similar to tliose of the Asso-
ciation a central examining board and may delegate to the
centnil examining board all or any of the powers of the council
rcsix'cting tlie examination of candidates for admission as
nienitx^rs. but an\- examinations conducted by the central
examining board sliail be held in at least one place in Ontario.
R.S.O. 1060. r. 309. s. 21, amended.

Section 24 — Subsection 1. This new provision implements Recom-
mendation 22 of the McRiier Report (page 1211 of Volume 3).

Subsection 2. This subsection implements Recommendation 14 of
the McKuer Report (p;ige 1210 of Volume 3).

Si-CTioN 25 — Subseition 1. The provisions of the Act dealing with
(lis<ipline are rc\ ised in order to bring them into line with Recommendations
8. 16, 17, 19 and 20 of the McRuer Report (pages 1209-121 1 of Volume 3)
iiid aUo to set out more explicitly the powers of the council when dealing
with disciplinarx- matters.

REGISTRAR

22. — (1) The registrar shall register in a system of record- Registrar
ing approved by the council the names of the members, the members,
licensees, the assistants to professional engineers, and the®''^'
graduates and the undergraduates. R.S.O. 1960, c. 309,
s. 22 (5), amended.

(2) The registrar shall keep the register correct and in ^®|'®*®'"
accordance with this Act, the regulations and the by-laws, correct
R.S.O. 1960, c. 309, s. 23, amended.

(3) The certificate of the registrar respecting the registra- Evidence
tion of a jjerson is prima facie evidence of the facts certified membership
to therein. R.S.O. 1960, c. 309, s. 27, amended.

23. — (1) The registrar shall issue to each member admitted certificate
to the Association a certificate of membership signed by the membership
president or a vice-president and by the registrar, and bearing
the seal of the Association. R.S.O. 1960, c. 309, s. 23 (1),
amended.

(2) Every member shall keep his certificate of membership f^f^'e'"'^^'^
prominently displayed in his place of business. R.S.O. 1960, displayed
c. 309, s. 22 (1).

HEARINGS UPON APPLICATIONS

24. — (1) Where an applicant for membership or a licence ^^f^l^g"^
has met the academic and experience requirements, or an ^p,p"''^"°"
applicant for restoration of his name on the register has paid bership, etc.
the required fees and has produced the required evidence of
good character, and his application is refused, the council
shall, upon the written request of the applicant received by
the registrar within fifteen days of the receipt by the applicant
of written notice of the refusal, conduct a hearing of the matter.

(2) Section 25 applies mutatis mutandis to any hearing he'yrfng* ""^
conducted under this section except that upon any such hear-
ing the council may make findings of fact by such standards
of proof as are commonly relied upon by reasonable and
prudent men in the conduct of their own affairs. R.S.O.
1960, c. 309, s. 26, amended.

HEARINGS, DISCIPLINARY

25.— (1) Subject to subsection 2, where the council finds P';;'^^,';? °''
tnat a person who is a member or licensee is guilty of pro- discipline
lessional misconduct or has obtained registration as a member

or has been issued a licence by reason of misrepresentation
by such person, the council may by order do one or more of
the following:

1. Reprimand such person and, if considered proper,
direct that the fact of the reprimand l>e recorded on
the register.

2. Suspend the membership or licence of such person for
such time as the council considers proper and direi
that the re-instatement of such membership or licence
on the termination of such suspension be subject
to such conditions, if any, as the council consider-
proper.

3. Direct that the imposition of any penalty be sus-
pended or postponed for such period and upon such
terms as the council considers proper and that at
the end of such period and upon the compliance with
such terms any penalty be remitted.

4. Direct that the membership or licence of such person
be cancelled and that the name of such person be
removed from the register.

5. Direct that the decision of the council be published
in detail or in summary in the official journal of the
Association or in such other manner or medium as
the council considers appropriate in any particular
case.

6. Direct that, where it appears that the proceedings
were unwarranted, such costs as to the council seem
just be paid by the Association to the member or
licensee whose conduct was the subject of such
proceedings.

I omoiaint n) Thc counci! shall not take an\- action under subsection 1

and tieariiig ^

unless,

(fl) a complaint under oath has l)een filed with the
registrar and a copy thereof has been served on the
person whose conduct is Ijeing investigated;

(/)) the jxTsoii whose conduct is being investigated
has been served with a notice of thc time and place
ol the hearing; and

(r) thg council has heard evidence of or on behalf of
the complainant and, if the person whose conduct is
hcini; investigated appears at the hearing and so

Subsection 4. This new provision implements Recommendation 11
of the McRuer Report (page 1210 of Volume 3).

Subsection 5. This new provision implements Recommendation 12
of the McRucr Report (page 1210 of Volume 3).

Subsection 6. This new provision implements Recommendation 35
of the Mckiier Report (page 1262 of Volume 3).

Subsection 7. This new provision implements Recommendation 15
of the Mcfiuer Report (p<ige 1210 of Volume 3).

Sub-Section 9. This new provision implements Recommendations 13
and 44 of the McRuer Report (pages 1210 and 1263, respectively, of

\'()lunic 3).

Subjection 10. This new provision takes into account Recommen-
tl,iiic.n> 151, 152, 169, 170, 172, 173 and 174 of the McRuer Report (pages
1-178. 128(1 ,ind 1281, respectively, of Volume 3).

requests, has heard his evidence or evidence on his
behalf and has reached the decision that he is guilty.
R.S.O. 1960, c. 309, s. 28 (1,2), amended.

(3) Any person presiding at a hearing may administer ta'ke^sworn
oaths to witnesses and require them to give evidence under ®^"'®"'^®
oath. R.S.O. 1960, c. 309, s. 28 (1, 2, 3), amended.

(4) If the person whose conduct is being investigated fails app^a7
to appear in answer to the notice at the time and place ap-
pointed, the hearing may be conducted in his absence.

(5) Hearings shall be held in camera, but if the person whose hearings'^'^^
conduct is being investigated requests otherwise by a notice ;° Camera
in writing delivered to the registrar before the day fixed for

the hearing, the council may conduct the hearing in public
or otherwise as it thinks proper.

rn-

(6) The council may adjourn any hearing at any time and ments
from time to time.

(7) A person whose conduct is being investigated, if ^"p^Jrson"'^
present in person at the hearing, has the right to be repre- v|g",^ated
sented by counsel or agent, to adduce evidence and to make
submissions and any such person may be compelled to attend

and give evidence in the manner provided in subsection 10.

(8) The oral evidence submitted at a hearing shall be taken IJ.^^g'"^"'^
down in writing or by any other method authorized by The n.s.o. i960.
Evidence Act.

(9) The rules of evidence applicable in civil proceedings ^"Jfen°e
are applicable at hearings, but at a hearing members of the
council may take notice of generally recognized technical or
scientific facts or opinions within the specialized knowledge

of members of the council if the person whose conduct is
being investigated has been informed before or during the
hearing of any such matters noticed and he has been given
an opportunity to contest the material so noticed.

(10) The president, a vice-president, the immediate past^^'JJ!^"^'^^
president or the registrar may, and the registrar upon applica-
tion of a person whose conduct is being investigated shall,

issue a summons in the form prescribed by regulation, com-
manding the attendance and examination of any person as a
witness, and the production of any document the production
of which could be compelled at the trial of an action, to
appear before the council at the time and place mentioned in
the summons and stating that failure to obey the summons
will render the person liable to committal to prison on an

application lo the Supreme Court, but the person whosi-
attendance is required is entitled to the like conduct money
and payment for expenses and loss of time as upon attendance
as a witness at a trial in the Supreme Court.

wCc^Sti (11) If any person,

appear, etc

(a) on being duly summoned to appear as a witnesp
makes default in attending; or

(b) being in attendance as a witness refuses to take an
oath legally required to be taken, or to produce an\
document in his power or control legally required
to be produced by him, or to answer any question
which he is legally required to answer; or

(c) does any other thing which would, if the council had
been a court of law having power to commit for
contempt, have been contempt of that court,

the person presiding at the hearing may certify the offence
of that person under his hand to the Supreme Court and the
court may thereupon inquire into the alleged offence and
after hearing any witnesses who may be produced against
or on behalf of the person charged with the oflFence, and after
hearing any statements that may be offered in defence, punish
or take steps for the punishment of that person in the like
manner as if he had been guilty of contempt of court.

uon'^mf (1^) ^^ ^ hearing the complainant and the person whose

iross- conduct is being investigated have the right to examine the

examination . » o o

witnesses called by them respectively, and to cross-examme
the witnesses opposed in interest.

Detisions ^jj^ -pj^^ decision taken after a hearing shall be in writing

and shall contain or be accompanied by the reasons for the
derision in which are set out the findings of fact and the
conclusions of law, if any, based thereon, and a copy of the
decision and the reasons therefor, together with a notice to
the person whose conduct is being investigated of his right of
appeal, shall \x served ujx)n him within thirty days after the
date of the decision.

'*'^""'' (14) .-\ record shall be compiled for every hearing consist-

ing of the complaint and the notice referred to in subsection 2,
an\ intermediate rulings or orders made in the course of the
proceedings, a transcript of the oral evidence, if a transcript
has been prepared, such documentary evidence and things
as were received in evidence and the decision and the reasons
tlierefor, pro\idcd that documents and things received in

Subsection 11. This new provision is designed to implement Recom-
mendations 174 and 179 of the McRuer Report (page 1281 of Volume 3).
It is based upon the corresponding provisions of the Tribunals of Inquiry
(Evidence) Act, 1921 of the United Kingdom (see page 444 of Volume 1 j.

Subsection 12. This provision implements Recommendation 42 of
the McRuer Report (page 1263 of Volume 3).

Subsection 13. This provision implements Recommendations 45 and
47 of the McRuer Report (page 1263 of Volume 3).

Subsection 14. This provision implements Recommendation 48 of
the McRuer Report (page 1263 of Volume 3). The proviso has been added.

Subsection 15. This provision implements Reconimendation 10 of
the McRuer Report (pages 1209-10 of Volume 3).

evidence may be released to the persons tendering them when
ail appeals have been finally disposed of or the right to appeal
has terminated.

(15) Any document required to be served under this Act docu'irfents
upon a person whose conduct is being investigated shall be

served personally upon him, but where it appears that service
cannot be effected personally, the document may be served
by mailing a copy thereof in a registered letter addressed to
him at his last known residence or office address as shown by
the records of the Association, and service shall be effected
not less than ten days before the date of the hearing or the
event or thing required to be done, as the case may be, and
proof by affidavit of the service is sufficient.

(16) Where a member or licensee has been suspended from Se'iu al'ter
practising under this section, he may, upon payment of all s"^P^"8ion
fees and other costs owing by him to the Association, apply to

the council to be re-instated as a member or licensee, as the
case may be, and the council may terminate the suspension
of such member or licensee upon such terms as it considers
proper.

(17) A person whose membership or licence has been ^^fj^^ggig^
cancelled under this section may apply to the council for^f'^"", .

^. , , , expulsion

membership or tor a licence, as the case may be, and the
council shall, subject to subsection 18, hear the application
and make such order as it considers proper and may include
as a term of any such order such conditions as the council
considers proper to be fulfilled before the applicant is ad-
mitted to membership or granted a licence or to be observed
by such member or licensee thereafter.

(18) Except with the consent of the council, no application i''^™
under subsection 17 shall be heard before the expiry of two
years from the date of the cancellation of membership or
licence or the date of the final disposition of any appeal.

(19) Upon a hearing for admission to membership or for idem
le granting of a licence under subsection 17, the council
shall follow, in so far as practicable, the procedure provided
for in the case of a complaint under this section, and a former
member or licensee has the same right of appeal from an
order made by the council under subsection 17 as is provided
in section 26.

(20) The council may appoint a committee to act for and JjP^J}''^"® ®
on its behalf composed of not fewer than five members of the
council, one of whom shall be the president, a vice-president
or the immediate past president, and may delegate to the

Practice
pending
appeal

committee all or any of its powers and duties under this
section upon such terms and conditions, if any, as the council
considers proper, and a decision or order of the committee
is the decision or order of the council. New.

(21) Except in the case of professional misconduct con-
stituting incompetence on the part of the person whos<-
conduct was investigated, the suspension or cancellation
the membership or licence of a person whose conduct was
investigated under this section does not become eflFective until
any appeal has been finally disposed of or the right of appeal
has terminated. R.S.O. 1960, c. 309, s. 28 (5), amended.

-Appeal

Certified
lopies of
papers

Failure to
pay costs

Procedure
and record

APPEALS

26. — (1) Any person whom the council has refused to
register for membership or whose name the council haa
refused to restore on the register or to whom the council has
refused to issue a licence or who has been reprimanded or
whose membership or licence is suspended or cancelled may
appeal from the order of refusal, reprimand, suspension or
cancellation to the Court of Appeal within fifteen days from
the day upon which he is served with the order of refusal,
reprimand, suspension or cancellation.

(2) Upon the request of any person desiring to appeal and
upon payment of the cost thereof, the registrar shall furnish
such person with a certified copy of all proceedings, evidence,
reports, orders and papers received as evidence by the council
and any committee thereof appointed pursuant to subsection
20 of section 25 in dealing with and disposing of the matter
complained of.

(3) If the appellant fails to pay the cost of the certified
copy and the cost of such additional copies of the evidence as
may be reasonably required for the purposes of the appeal
within fifteen days after written demand from the registrar,
the appeal shall be deemed to be abandoned.

(4) An appeal under this section shall be by motion, notice
of which shall be served upon the registrar, and the record
shall consist of a copy, certified by the registrar, of the pro-
ceedings before the council or committee thereof, the evidence
taken, the report of the council or committee thereof and all
decisions, findings and orders of the council or committee
thereof in the matter.

Practi" c

(5) Except as otherwise provided, appeals under this section
shall be in accordance with the practice in appeals from the
decision or order of a judge of the Supreme Court.

Subsection 21. This provision implements Recommendation 21 of
the McRiier Report (page 1210 of Volume 3).

Section 26. This appeal section implements Recommendation 23
of the McRuer Report (page 1210 of Volume 3).

(6) Upon the hearing of an appeal under this section the^''^^''^
Court of Appeal may make such order as the court deems
proper or may refer the matter or any part thereof back to

the council with such directions as the court deems proper.

(7) The Court of Appeal may make such order as to the ^^^'^
costs of the appeal as the court deems proper. R.S.O. 1960,

c. 309, s. 28 (4), amended.

OFFENCES

27. — (1) Every person, other than a member or a licensee, ^J]!!^^!*'
who,

(a) takes and uses orally or otherwise the title "Pro-
fessional Engineer" or "Registered Professional
Engineer" or uses any addition to or abbreviation of
either such titles, or any words, name or designation
that will lead to the belief that he is a professional
engineer, a member or a licensee or, except as per-
mitted by section 2, uses the title or designation
"engineer" in such a manner as will lead to the belief
that he is a professional engineer, a member or a
licensee ;

(b) advertises, holds himself out, or conducts himself in
any way or by any means as a member or a licensee;
or

(2) Every person who, idem

(a) wilfully procures or attempts to procure registration
under this Act for himself or for another person by
making, producing or causing to be made or produced
any fraudulent representation or declaration either
verbal or written ;

(b) knowingly makes any false statement in any applica-
tion or declaration signed or filed by him under this
Act,

is guilty of an offence. R.S.O. 1960, c. 309, s. 33, part,
amended.

pirtS^' (^) Where a partnership, association of persons or corpora

iSiSSlations *'°" *'^^* ^^^ "° subsisting certificate of authorization,

and

corporations , , . r . • . .

(a) practises professional engineering;

(6) uses orally or otherwise any name, title, description
or designation that will lead to the belief that it is
entitled to practise professional engineering; or

(c) advertises, holds itself out or conducts itself in any
way or in such manner as to lead to the belief that
it is entitled to practise professional engineering,

every member of the partnership, every member of the asso-
ciation of persons, or the corporation and every director there-
of, is guilty of an offence.

Idem

(4) Where a partnership, association of persons or corpora-
tion that has a subsisting certificate of authorization practises
professional engineering in contravention of this Act, every
member of the partnership, every member of the association
of persons, or the corporation and every director thereof,
is guilty of an offence.

Penalties

(5) Every person, member of a partnership, member of an
association of persons, and every corporation and director
thereof, who is guilty of an offence under this section is, on
summary conviction, 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. R.S.O. 1960, c. 309, ss. 31, 33, part, amended.

Limitation
of

(6) No proceedings shall be commenced for a contravention
proceedings of any of the provisions of this section after two years from
the date of the commission of such contravention. R.S.O.
1960, c. 309, s. 35, amended.

LIMITATION OF ACTIONS

Limitation
of actions

28. — (1) Except as provided in subsection 2, an action
against a member or a licensee for negligence or malpractice
in connection with professional services requested of him or
rendered by him or under his direction or control shall be
commenced within and not later than twelve months after
the cause of action arose.

Extension

(2) The court in which an action mentioned in subsection 1
has been or may be brought may extend the period of limita-
tion specified therein either before or after it has expired if
the court is satisfied that to do so is just.

Section 28. This new section implements Recommendations 29,
30 and 31 of the McRuer Report (page 1211 of Volume 3).

23
(3) This section does not apply to proceedings under P°^,^"j°*

section 25. New. disciplinary

proceedings

TRANSITIONAL PROVISIONS

29.— (1) Notwithstanding section 4, the president, the ^S™'?^^ °''
vice-presidents and the elected councillors holding office when
this Act comes into force shall continue to hold office until
after the first annual election after this Act comes into force.

(2) Notwithstanding subsections 4 and 5 of section 4, at^^^^^^^j
the first election of councillors after this Act comes into force, election
one councillor-at-large shall be elected for a two-year term

and one councillor-at-large shall be elected for a one-year
term and there shall be elected from each of the five regions
mentioned in subsection 5 of section 4 one regional councillor
for a two-year term and one regional councillor for a one-year
term. New.

(3) Notwithstanding subsection 6 of section 4, all councillors members^
who have been appointed by the Lieutenant Governor in
Council and are holding office when this Act comes into force

shall continue to hold office for the term designated in the
order in council by which they were appointed. New.

MISCELLANEOUS

30. The Professional Engineers Act is repealed. ?'309,' ^^^°'

repealed

31. This Act comes into force on a day to be named byment"^"*^^
the Lieutenant Governor by his proclamation.

32. This Act mav be cited as The Professional Engineers short title
Act, 1968-69.

B
>

SB
H

a 3 !:r

6. o" **

So £? ^

BILL 48

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

The Professional Engineers Act, 1968-69

Mr. Wishart

{Reprinted as amended by the Legal and Municipal Committee)

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

TABLE OF CONTENTS

Section Page

INTERPRETATION I. 2 1

THE ASSOCIATION 3 3

THE COUNCIL 4-10 4

MEMBERSHIP 11-16 9

LICENSING 17-19 11

PARTNERSHIPS, CORPORATIONS 20 13

EXAMINATIONS 21 14

REGISTRAR 22, 23 15

HEARINGS, UPON APPLICATIONS 24 15

DISCIPLINARY 25 15

APPEAlJi 26 20

OFFENCES 27 21

LIMITATION OK ACTIONS 28

TRANSITIONAL PROVISIONS 29 23

MISCELLANEOUS ,50-32 23

EXPLANATOKV NOTKS

Gknkral— At the 1968 Session of the Legislature, Bill 42 was intro-
diiied which represented the first comprehensive revision of The Profes-
sional Engineers Act which was first p.issed in 1922. Bill 42 was not
proceeded with in view of the publication at that time of the Report of the
Koy.il Commission Inquiry into Civil Rights.

I'hc changes made in this revision are designed to facilitate the
.Association of Professional Engineers of the Province of Ontario in the

administration of its affairs and to bring the .\ct up to date in substance

and form.

Most of the dirlerences between this Bill and Bill 42 are changes to

conform to the re<'ommendations of the .McRuer Report.

BILL 48 1968-69

The Professional Engineers Act, 1968-69

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

INTERPRETATION

1. In this Act, tatum™"

(a) "Association" means the Association of Professional
Engineers of the Province of Ontario;

(b) "by-law" means a by-law of the Association;

(d) "council" means the council of the Association;

(e) "graduate" means a graduate of a university or other
educational institution in a course in any branch of
engineering or science, the practice of which con-
stitutes professional engineering and which is rec-
ognized by the council;

(/) "licence" means a licence to practise professional
engineering issued under this Act;

(g) "licensee" means a person who holds a subsisting
licence;

(h) "member" means a member of the Association;

(i) "practice of professional engineering" means the
doing of one or more acts of advising on, reporting
on, designing of or sujjervising of the construction
of, all public utilities, industrial works, railways,
tramways, bridges, tunnels, highways, roads, canals,
harbour works, lighthouses, river improvements,
wet docks, dry docks, floating docks, dredges,

cranes, drainage works, irrigation works, water-
works, water purification plants, sewerage works,
sewage disposal works, incinerators, hydraulic works,
ixjwer transmission systems, steel, concrete or re-
inforced concrete structures, electric lighting sys-
tems, electric power plants, electric machinery,
electric or electronic apparatus, electrical or elec-
tronic communication systems or equipment, mineral
property, mining machinery, mining development,
mining operations, gas or oil developments, smelters,
refineries, metallurgical machinery, or equipment or
apparatus for carrying out such operations, mach-
inery, boilers or their auxiliaries, steam engines,
hydraulic turbines, pumps, internal combustion
engines or other mechanical structures, chemical or
metallurgical machinery, apparatus or processes,
or aircraft, and generally all other engineering works
including the engineering works and installations
relating to airports, airfields or landing strips or
relating to town and community planning;

(j) "professional engineer" means a person who is a
member or licensee;

(k) "region" means a geographical area of Ontario as
defined by by-law;

(/) "register" means the record of registrants main-
tained b\- the registrar;

(w) "registrant" means a person recorded in the register
as a member, licensee, an assistant to a professional
engineer, a graduate or an undergraduate;

(m) "registrar" means the registrar of the Association;

(o) "regulation" means a regulation of the Association;

(p) "undergraduate" means a student enrolled at but
not graduated from a university or other educational
institution in a course in any branch of engineering
or science, the practice of which constitutes profes-
sional engineering and that is recognized by the
council. R.S.O. 1960, c. 309, s. 1, amended.

ot'rafrected ^' Nothing in this Act prevents,

(a) an\ person from performing his duties in the Cana-
dian Armed Forces;

Section 2 — Clause e. The exemption relating to mining work is
revised. Provision is made in section 11 (6) for admission to membership
in the Association of persons who are engaged in this field.

(6) any member or licensee of the Ontario Association of

Architects under The Architects Act or any employee R-S.o. i980.
of such member or licensee acting under the direction
and responsibility of such member or licensee from
performing professional engineering services in the
course of any work undertaken or proposed to be
undertaken by such member or licensee as an
architect;

under The Operating Engineers Act from practising ^-fga' ^^*°'
or designating himself as an operating engineer;

{d) any person from practising as a bacteriologist,
chemist, geologist, mineralogist or physicist;

(e) any person from advising on or reporting on any
mineral property or prospect;

(/) any person from operating, executing or supervising
any works as owner, contractor, superintendent,
foreman, inspector or master,

or requires any such person to become registered or licensed
under this Act in order to do any such thing. R.S.O. 1960,
c. 309, s. 2, amended.

THE ASSOCIATION

3. — (1) The body politic and corporate known as the ^^^^(5*2"""
"Association of Professional Engineers of the Province of
Ontario" incorporated under The Professional Engineers Act, i922, o. 59
1922 is hereby continued.

(2) All persons who are members of the Association when Members
this Act comes into force or who hereafter are admitted as
members constitute the Association. R.S.O. 1960, c. 309,

s. 3 (1), amended.

(3) The objects of the Association are, Object*

(a) to regulate the practice of professional engineering
and to govern the profession in accordance with this
Act, the regulations and the by-laws;

{h) to establish and maintain standards of knowledge
and skill among its members; and

m order that the public interest may be served and protected.

New.

Head office

(4) The head office of the Association shall be at the city
of Toronto.

Property

(5) The Association may purchase, acquire or take by
gift, devise or bequest for the purposes of the Association and
the furtherance of its objects, but for no other purposes or
objects, any real or personal property, and may sell, mortgage,
lease or otherwise dispose of any such property. R.S.O. 1960,
c. 309, s. 3 (4, 5).

THE COUNCIL

Council

4. — (1) There shall be a council which shall consist of a
president, a first vice-president, a second vice-president, an
immediate past president, two elected councillors-at-large,
ten elected regional councillors and five appointed councillors,
all of whom shall be members and residents of Ontario.

and^vice- (2) ^^^ president and the vice-presidents shall have such

presidents qualifications as are prescribed by by-law and shall be elected

annually by vote of the members. R.S.O. 1960, c. 309,

s. 8 (1-3), amended.

CounclUors-
at-large

(3) One councillor-at-large shall be elected each year for a
two-\'ear term by vote of the members. New.

Regional
councillors

^oun°c'ino1^ (^) ^^^ ^^^ appointed councillors shall be appointed by
the Lieutenant Governor in Council for a term of three years
and shall be qualified respectively in the following fields of
engineering:

1. Civil.

2. Mechanical, Aeronautical and Industrial.

3. Electrical.

4. Chemical and Metallurgical.

5. Mining and Geology. R.S.O. 1960, c. 309, s. 8
(5, 6), amended.

(6) In addition to the councillors mentioned in subsection 1, J'(f,fnciiior;
the Lieutenant Governor in Council may appoint as coun- legal
cillors,

(a) a person who is not a member; and

(b) a person who is a barrister and solicitor of at least
ten years standing at the bar of Ontario,

both of whom are residents of Ontario.

(7) Persons appointed under subsection 6 shall serve for'^*""""
a term of three years but are eligible for re-appointment.

(8) Where the president, a vice-president or a councillor ^*''*"°'®'
resigns, is absent from three consecutive meetings of the
council, becomes incapacitated or dies, the office may be
declared vacant by the council, and, if such office should be
declared vacant, except in a case of a councillor appointed by

the Lieutenant Governor in Council, the council shall fill the
vacancy in such manner as is provided by by-law, and in the
case of a vacancy in the office of a councillor appKjinted by the
Lieutenant Governor in Council, the Lieutenant Governor in
Council may fill the vacancy by appointment of a person of
the same class as the councillor causing the vacancy. R.S.O.
1960, c. 309, s. 8 (6, 7), amended.

(9) No person shall be appointed or elected to the council ^°g^^'"°"
unless he is a Canadian citizen or other British subject, and Canadians
no person shall continue to hold any such office if he ceases to

be so qualified. New.

5. The council, ffe^^'rer!

secretary.

(a) shall appoint a registrar and a treasurer; and director

(6) may appoint a secretary, an executive director and
such other officials as the council deems fit,

and any two or more of such offices may be held by one
person. New.

6. No action or other proceedings for damages shall begf^^y'^Jj,
instituted against the council, or any member or official of °'''<=ers and
the council or any person appointed by the council for any

act done in good faith in the performance or intended p)erform-
ance of any duty or in the exercise or in the intended exercise
of any power under this Act, a regulation or a by-law, or
for any neglect or default in the jierformance or exercise in
good faith of any such duty or power. R.S.O. 1960, c. 309,
s. 29, amended. "^Pl

ReguiBtion* 7, — (j) 'ihe council may make regulations rcs}>ecting an'
matter that is outside the scope of the power to pass by-law

specified in section 8 and, without limiting the generality of th'
foregoing,

(a) prescribing the scope and conduct of examination
of candidates for registration ;

(b) prescribing the form of the summons referred to in
subsection 10 of section 25;

(f) respecting the practice and procedure for hearinj;
lield under this Act;

(d) defining "professional misconduct" for the purpose
of this Act and the regulations;

(e) defining classes of specialists in the various fields of
engineering;

(/) prescribing the qualifications required of specialist
or any class thereof;

(i) providing for the designation of specialists upon
application and examination or otherwise, for the
suspension or revocation of such designations, and
for the regulation and prohibition of the use of
terms, titles or designations by professional engineer-
indicating specialization in any field of engineering;

(/;) regulating and prohibiting the use of terms, titles
or designations by professional engineers in indepen-
dent jiractice.

Approvals (2) No regulation is effective,

{b) until it has been approved b\' the Lieutenant
(lovernor in Council. New.

By-iuws 8. — (1) The council may pass by-laws relating to the

administrative and domestic affairs of the Association, and,
without limiting the generality of the foregoing,

(.;) respecting the determination and modification of the
boundaries of regions and the determination ot

Section 4 — Subsection 4. The method of electing ten of the coun-
cillors is changed from a branch basis which is the basis in the present
Act to a geographical basis.

Subsections 6, 7. These new provisions implement Recommendations
2 and 7 of the McRuer Report (page 1209 of Volume 3).

regions in which members shall be deemed to reside
for the purposes of the election of councillors;

(d) respecting the remuneration and reimbursement of
members of the council;

(e) respecting the calling, holding and conduct of meet-
ings of the council and the Association ;

(/) providing for the establishment and regulation of
chapters ;

(g) respecting the management of the property of the
Association ;

ij) defining the composition and functions of the board
of examiners;

(k) providing for the establishment of scholarships,
bursaries and prizes;

(/) providing for the appointment of committees of the
council and defining their composition and functions;

(m) providing for the closing of the register and the
restriction of recording changes of addresses of the
registrants for a period of time not exceeding forty-

eight hours, exclusive of Sundays and holidays,
immediately preceding any meeting of the members
or any election;

(m) respecting the registration of members and thr
recording of licensees, graduates, undergraduato
and assistants to professional engineers;

(o) for maintaining a system for the recording of regis-
trants, their residence addresses and the regions in
which they are resident and for the recording of thi
names of official representatives of partnership.^
associations of persons or corporations;

(p) providing for services to encourage and assist mem-
bers in the development of their professional com-
petence and conduct and in carrying on the practice
of professional engineering;

(g) fixing and providing for levying and collecting or
remitting annual and other fees, levies and assess-
ments;

(r) prescribing forms and providing for their use;

(5) respecting all other things that are deemed necessary
or convenient for the attainment of the objects of
the Association and the efficient conduct of its
business.

Approval (2) \o by-law is effective until it has been Submitted to the

members for approval by means of a letter ballot returnable
within thirty days after the mailing thereof and unless it has
been approved by a majority of those voting within the
prescrilxjd time. R.S.O. 1960, c. 309, s. 5, d. o, amended.

Construction (-3) _\g {jctweeM a registrant and the Association, the ruling
of the council on the construction and interpretation of any
b\-l,nv is final. R.S.O. 1960, c. 309, s. 4 (2), amended.

etwcs"*^ J>.— (1) The council shall prepare and publish from time to

time a code of etliics containing standards of conduct designed
for the protection of the public, which standards members
and licensees must subscribe to and follow in the practice
of professional engineering.

Copies (2) Copies of the code of ethics shall be sent to the members

and licensees and shall be available free of charge to members
of the public who apply therefor. Mew.

Sections 7 and 8. These sections implement Recommendations 25
and 26 of the McRuer Report (page 1211 of Volume 3).

Section 9. This new section implements Recommendation 9 of the
McRuer Report (page 1209 of Volume 3).

Section II. In clause d of subsection 1 the experience requirement
is increased from five to six years to conform with the requirement in all
other provinces of Canada.

Provision is also made for the admission in certain circumstances of
persons who do not reside in Ontario.

10. The council may authorize participation by the Asso- QoSnclfof
ciation in the activities of the Canadian Council of Profes- Professional

. T, • ■ ■ • 1 f nT Engineers

sional Engineers, as a constituent association thereof. New.

MEMBERSHIP

11. — (1) Any applicant for membership who, tion'for^"

membership

(a) resides,

(i) in Ontario,

(ii) out of Ontario and is employed for an in-
definite period as a full-time employee of an
employer having works or facilities in Ontario
and is required by the terms of his employ-
ment to practise professional engineering in
respect of such works or facilities or has a
place of employment in Ontario and practises
or proposes to practise professional engineer-
ing in Ontario on a full-time basis;

{b) is twenty-one or more years of age;

, (c) has passed the examinations prescribed by the coun-
cil or is exempted therefrom pursuant to subsection
3 or 6;

(<f) has had six or more years of experience in engineering
work satisfactory to the council ; and

1 (e) provides satisfactory evidence of good character,

ball be admitted as a member by the council.

(2) Each applicant for membership shall submit upon the quaUflcation
prescribed form evidence of his educational qualifications and
engineering experience, information as to his residence and at

least three references as to his character and engineering
experience, and he may be required by the council to verify
the statements set out in his application by affidavit. R.S.O.
1960, c. 309, s. 10 (1, 2), amended.

(3) The council may exempt an applicant from any of the £5®^^^^°""
examinations mentioned in clause c of subsection 1 if the and other
council is of the opinion that the applicant has adequate tions
academic and other qualifications. New.

Cradit for
time spent
at •
univermitjr

(4) Where the applicant is a graduate, upon presenting
evidence of the actual time during which he was under instruc-
tion as an undergraduate in a university, the council shall
grant him the time spent under such instruction in reduction
of the six-year period of engineering experience required by
clause d of subsection 1, but only in so far as the total exemp-
tion granted does not exceed four years. R.S.O. 1960, c. 309,
s. 10 (4), amended.

Board of
examiners
to consider
applications

(5) The council may for the purpose of subsection 3 or 4
require the board of examiners to consider and make recom-
mendations to the council with respect to any applications
for exemption, including an application for exemption of
a graduate in honours science. New.

Saving

(6) The council shall exempt from the examinations men-
tioned in clause c of subsection 1 any person who resides in
Ontario on the day this Act comes into force and who has
been engaged in the performance of any engineering work
specified in clause e of section 2 of The Professional Engineers
Act, being chapter 309 of the Revised Statutes of Ontario,
1960, for a period or periods of not less than six years in the
aggregate, if such person submits to the council, within one
year from the day this Act comes into force, satisfactory
evidence of having been so engaged. New.

Admission
of members
of other
associations

12. The council may, upon application and satisfactoi:
proof of residence, admit as a member any person who resides
in Ontario, or who resides out of Ontario under the circum-
stances set out in subclause ii of clause a of subsection 1 of
section 1 1 , and who furnishes satisfactory proof.

(a) that he is a member of an association of professional
engineers in another province or a territory' of
Canada that has objects similar to those of the
Association and requirements for membership no
less exacting than those in effect in Ontario; or

students

and

assistants

13. Persons who are engaged as assistants to professional
engineers in categories recognized by the council and gradu-
ates and undergraduates who have not completed the period
of engineering experience required by this Act and who con-

(2) Where the annual fee is not paid within six months p^y'J^ent of
from the date upon which it became due, the treasurer shall*"""*' ^^^
send a written notice of such default by prepaid mail addressed
to the registrant's last address as shown on the register, and,
if payment is not made within one month thereafter, the
registrar, upon the direction of the council, shall delete or
cause the name of the registrant to be deleted from the
register, and thereupon the registrant ceases to be a member,
a licensee, an assistant to a professional engineer, or a graduate
or undergraduate recorded pursuant to section 13, as the case
may be. R.S.O. 1960, c. 309, s. 25 (1), amended.

15. Any member who intends to withdraw from the prac- J^ons*"*"
tice of professional engineering and whose fees are paid up

shall send written notice thereof to the registrar, whereupon
the registrar shall delete his name from the register. R.S.O.
1960, c. 309, s. 25 (2), amended.

16. Any person who ceased to be a member under sub- ^ong""^^"
section 2 of section 14, upon payment of the fees owing at the

LICENSING

17. — (1) The registrar may upon application issue a licence J^5e^®p°/jQ
to any person who resides in Canada but not in Ontario and members of

,r.| ■ r r,,. , r associations

who turmshes satisfactory proof that he is a member of an of other

„^^ • ,. /• J. . i . . . . provinces

association oi professional engineers in another province or a
territory of Canada that has objects similar to those of the
Association.

Issue or
lieencee to
consulting
speoialists

(2) Any person who does not reside in Canada but who in
the opinion of the council is a consulting specialist in a field
of professional engineering who has had not less than ten years
experience in the practice of his profession, or who furnishes
satisfactory evidence that he has qualifications at least equal
to those required for registration as a professional engineer
in Ontario, may, with the approval of the council, be issued a
licence.

H^ZOTto W Any person practising or proposing to practise pn.

^0"°"^ fessional engineering who resides in a territory of Canada in

wlthou't** which there is no association of professional engineers that
associations has objects similar to those of the Association, may, with the
approval of the council, be issued a licence.

Practise by
applicant
for a
licence

(4) Where an applicant for a licence fails to obtain it
promptly for any reason unrelated to his professional capacity
or his own neglect, he may practise professional engineering
in Ontario for a period of not more than three months without
a licence.

Licence to
be issued
by the
registrar

(5) The registrar shall issue a licence in the prescribed form
to any person entitled thereto and shall specify therein the
work upon which and the name of the employer in Ontario l>
whom the holder of the licence is to be employed and tlic
period for which it is issued, but in no case shall the period
extend beyond the end of the calendar year in which the
licence is issued. R.S.O. 1960, c. 309, ss. 14, 22 (4), amended.

Additional
conditions

(6) The council ma\' direct that any licence issued under
subsection 2 shall, in addition to the conditions mentioned
in subsection 5, contain a condition that the licensee may
practise professional engineering in Ontario only in collabora-
tion with a member who shall sign and seal any plans and
specifications together with the licensee. New.

Where

licence not
reiiuired

18. An\ person who is employed as a professional engineer
b\ a public service corporation carrying on an interprovincial
undertaking or by the Government of Canada and who is by
reason of his employment required to practise professional
engineering in a province or territory of Canada other than
that of his residence may practise professional engineering in
Ontario without a licence, but he shall on demand of the
council furnish satisfactory evidence that he is a member of an
association of professional engineers in another province or a
territory of Canada that has objects similar to those of the
Association. R.S.O. 1960, c. 309, s. 15, amended.

Seals,
members

19. — (1) Every member shall have a seal of a design
approved by the council, the impression of which shall contain

Section 20. The provisions respecting the practice of professional
engineering by partnerships, associations and corporations are revised
in order to ensure a greater degree of control.

the name of the engineer and the words "Registered Profes-
sional Engineer" and "Province of Ontario". R.S.O. 1960,
c. 309, s. 16, amended.

(2) Every licensee shall have a seal of a design approved j^^UJ^'^^g
by the council, the impression of which shall contain the

name of the licensee and the words "Licensed Professional
Engineer" and "Province of Ontario".

(3) All final drawings, specifications, plans, reports and f n^"uge'"of
other documents involving the practice of professional en-^^*'
gineering when issued shall bear the signature and seal of the
professional engineer who prepared or approved them. New.

PARTNERSHIPS, CORPORATIONS

20. — (1) No partnership, association of persons or cor- P^^^fj^^^®^^
poration as such shall be a member or a licensee, or shall, by partner-

•^ , . , , 1 • • • r • , ships and

except as authorized by this section, practise professional corporations
engineering.

(2) A partnership, association of persons or corporation certiflcates
that holds a certificate of authorization may, in its own name, t^'^°"^^'
practise professional engineering,

•

(a) if one of its principal or customary functions is to
engage in the practice of professional engineering;
and

{h) if the practice of professional engineering is done
under the respnansibility and supervision of a member
of the partnership or the association of persons, a
director of the corporation, or a full-time employee
of the corporation, who in any case is a member; or

(c) if the practice of professional engineering is done
under the responsibility and supervision of a member
of the partnership or the association of persons, a
director of the corporation, or a full-time employee
of the corporation, who in any case is a licensee,
provided that the practice of professional engineer-
ing is restricted to the work specified in the licence
of the licensee. R.S.O. 1960, c. 309, s. 18, amended.

(3) A partnership, association of persons or corporation Applications
that desires a certificate of authorization shall submit to the certificates
registrar an application in the prescribed form containing,

(o) the names and addresses of all its partners, members,
officers or directors, as the case may be;

(b) the names of all its partners, members of associa-
tions of persons, directors of corporations, or full-
time employees of corporations, as the case may be,
who are the members or licensees who will be in
charge of professional engineering on its behalf;

(c) from among the names specified under clause b the
name or names of its official representative or repi
sentatives whose duty it is to ensure that this Aci,
and the regulations and the by-laws are complied
with by the partnership, the association of persons
or the corporation, as the case may be,

and shall, whenever there is a change in the particulars given
in its application, give notice of the change to the registrar
within thirty days after the effective date of the change.

certiflcates (^^ '^ subsection 3 is complied with, the registrar shall
issue to the applicant a certificate of authorization.

1 pso facto
revocation
of
certlflcate

(5) Where the holder of a certificate of authorization ceases
to have any official representative, the certificate is ipso facto
revoked, and the partnership, association of persons or cor-
poration shall not practise professional engineering until a
new certificate of authorization is issued.

Reprimand
of licensee,
etc.

(6) Where the council finds that the holder of a certificate
of authorization has failed to observe any of the provisions
of this section or has been guilty of conduct that would, in
the case of a member or licensee, have been professional mis-
conduct, the council may reprimand the holder or suspend or
revoke the certificate of authorization.

^/'m.'"?4.'°25, (7) Sections 24, 25 and 26 apply mutatis mutandis to the

^^ refusal to issue a certificate of authorization and to the

revocation or suspension of a certificate of authorization.

Board

Central

examining

board

EXAMINATIONS

21. — (1) The council shall appoint annually a board of
examiners. R.S.O. 1960, c. 309, s. 19, amended.

(2) The council may establish conjointly with the council
of any association in one or more of the provinces or terri-
tories of Canada that has objects similar to those of the Asso-
ciation a central examining board and may delegate to the
central examining board all or any of the powers of the council
respecting the examination of candidates for admission as
members, but any examinations conducted by the central
examining board shall be held in at least one place in Ontario.
R.S.O. 1960. c. 309, s. 21, amended.

Section 24 — Subsection 1. This new provision implements Recom-
mendation 22 of the McRuer Report (page 1211 of Volume 3).

Subsection 2. This subsection implements Recommendation 14 of
the McRuer Report (page 1210 of Volume 3).

Si£ciTON 25 — Sub.scction 1. The provisions of the Act dealing with
discipline are revised in order to bring them into line with Recommendations
8. 16, 17, 19 and 20 of the McRuer Report (pages 1209-1211 of Volume 3)
and also to set out more explicitly the powers of the council when dealing
with disciplinary matters.

REGISTRAR

(2) The registrar shall keep the register correct and inj^^g^'^"^
accordance with this Act, the regulations and the by-laws, correct
R.S.O. 1960, c. 309, s. 23, amended.

(3) The certificate of the registrar respecting the registra- ^^yi'^s'^o®
tion of a person is prima facie evidence of the facts certified membership
to therein. R.S.O. 1960, c. 309, s. 27, amended.

23. — (1) The registrar shall issue to each member admitted Je'''"'oato
to the Association a certificate of membership signed by the "membership
president or a vice-president and by the registrar, and bearing
the seal of the Association. R.S.O. 1960, c. 309, s. 23 (1),
amended.

(2) Every member shall keep his certificate of membership t^%g''°^'®
prominently displayed in his place of business. R.S.O. 1960, displayed
c. 309, s. 22 (1).

HEARINGS UPON APPLICATIONS

24. — (1) Where an applicant for membership or a licence ^^ere"^
has met the academic and experience requirements, or an application
applicant for restoration of his name on the register has paid bership, etc.,
the required fees and has produced the required evidence of
good character, and his application is refused, the council
shall, upon the written request of the applicant received by
the registrar within fifteen days of the receipt by the applicant
of written notice of the refusal, conduct a hearing of the matter.

(2) Section 25 applies mutatis mutandis to any hearing heTrfng' °^
conducted under this section except that upon any such hear-
ing the council may make findings of fact by such standards
of proof as are commonly relied upon by reasonable and
prudent men in the conduct of their own affairs. R.S.O.
1960, c. 309, s. 26, amended.

HEARINGS, DISCIPLINARY

25.— (1) Subject to subsection 2, where the council finds Pq°J;|j»^ °f
that a person who is a member or licensee is guilty of pro- diso'P""^

f . , . , , , . , . . ■' , members

tessionai misconduct or has obtained registration as a member
48

or has been issued a licence by reason of misrepreaentation
by such person, the council may by order do one or more of
the following:

1. Reprimand such person and, if considered proper,
direct that the fact of the reprimand be recorded on
the register.

2. Suspend the membership or licence of such person for
such time as the council considers proper and direct
that the re-instatement of such membership or licence
on the termination of such suspension be subject
to such conditions, if any, as the council considers
proper.

4. Direct that the membership or licence of such person
be cancelled and that the name of such person be
removed from the register.

Complaint (2) The council shall not take any action under subsection 1

and hearing , ' -^

unless,

(a) a complaint under oath has been filed with the
registrar and a copy thereof has been served on the
person whose conduct is being investigated;

(b) the person whose conduct is being investigated
has been served with a notice of the time and place
of the hearing; and

(r) the council has heard evidence of or on behalf of
the complainant and, if the person whose conduct is
being investigated apjjears at the hearing and so

Subsection 4. This new provision implements Recommendation
of the McRuer Report (page 1210 of Volume 3).

Subsection 5. This new provision implements Recommendation 12
of the McRuer Report (page 1210 of Volume i).

Subsection 6. This new provision implements Recommendation 35
of the McRuer Report (page 1262 of Volume 3).

Subsection 7. This new provision implements Recommendation IS
of the McRuer Report (page 1210 of Volume 3).

Subsection 9. This new provision implements Recommendations 13
and 44 of the McRuer Report (pages 1210 and 1263, respectively, of
Volume 3).

Subsection 10. This new provision takes into account Recommen-
dations 151, 152, 169, 170, 172, 173 and 174 of the McRuer Report (pages
1278, 1280 and 1281, respectively, of Volume 3).

i '

Subsection 12. This provision implements Recommendation 42 of
the McRuer Report (page 1263 of Volume 3).

Subsection 13. This provision implements Recommendations 45 and
47 of the McRuer Report (page 1263 of Volume 3).

Subsection 14. This provision implements Recommendation 48 of
the McRuer Report (page 1263 of Volume 3). The proviso has been added.

Subsection 15. This provision iniplen)ent» Recommendation lo
the McRiier Report (pages 1209-10 of Volume 3).

requests, has heard his evidence or evidence on his
beiialf and has reached the decision that he is guilty.
R.S.O. 1960, c. 309, s. 28 (1, 2), amended.

(3) Any person presiding at a hearing may administer take^sworn
oaths to witnesses and require them to give evidence under ®^"'°"'^®
oath. R.S.O. 1960, c. 309, s. 28 (1, 2, 3), amended.

(4) If the person whose conduct is being investigated fails appear *°
to appear in answer to the notice at the time and place ap-
pointed, the hearing may be conducted in his absence.

(5) Hearings shall be held in camera, but if the person whose hearings""''
conduct is being investigated requests otherwise by a not\ct^°„^lJ^f)^
in writing delivered to the registrar before the day fixed for

the hearing, the council may conduct the hearing in public
ir otherwise as it thinks proper.

(6) The council may adjourn any hearing at any time and merits'^"
from time to time.

(7) A person whose conduct is being investigated, if ^/p^ereon'^*
present in person at the hearing, has the right to be repre- vesti^ated
sented by counsel or agent, to adduce evidence and to make
submissions, and any such person may be compelled to attend

and give evidence in the manner provided in subsection 10.

(8) The oral evidence submitted at a hearing shall be taken ^^^enc^e"*^
down in writing or by any other method authorized by T/feR.s.o. i960,

■ Evidence Act.

(9) The rules of evidence applicable in civil proceedings ^"Jfe^n^e
are applicable at hearings, but at a hearing members of the
council may take notice of generally recognized technical or
scientific facts or opinions within the specialized knowledge

(10) The president, a vice-president, the immediate past f^™[J'°^g®
president or the registrar may, and the registrar upon applica-
tion of a jDerson whose conduct is being investigated shall,

issue a summons in the form prescribed by regulation, com-
manding the attendance and examination of any person as a
itness, and the production of any document the production
which could be compelled at the trial of an action, to
appear before the council at the time and place mentioned in
the summons and stating that failure to obey the summons
will render the person liable to cornmittal to prison on an

Fallura of
witnau to
appear, etc.

application to the Supreme Court, but the person whose
attendance is required is entitled to the like conduct money
and payment for expenses and loss of time as upon attendance
as a witness at a trial in the Supreme Court.

(11) If any person,

(a) on being duly summoned to appear as a witnew
makes default in attending; or

(b) being in attendance as a witness refuses to take an
oath legally required to be taken, or to produce any
document in his power or control legally required
to be produced by him, or to answer any question
which he is legally required to answer; or

(c) does any other thing which would, if the council had
been a court of law having power to commit for
contempt, have been contempt of that court,

the person presiding at the hearing may certify the offence
of that person under his hand to the Supreme Court and the
court may thereupon inquire into the alleged offence and
after hearing any witnesses who may be produced against
or on behalf of the person charged with the offence, and after
hearing any statements that may be offered in defence, punish
or take steps for the punishment of that person in the like
manner as if he had been guilty of contempt of court.

uon'amf (^2) At a hearing the complainant and the person whose

cross- conduct is being investigated have the right to examine the

examination ,, , , , • i j

Witnesses called by them respectively, and to cross-examine
the witnesses opposed in interest.

Decisions

(13) The decision taken after a hearing shall be in writing
and shall contain or be accompanied by the reasons for the
decision in which are set out the findings of fact and the
conclusions of law, if any, based thereon, and a copy of the
decision and the reasons therefor, together with a notice to
the person whose conduct is being investigated of his right of
appeal, shall be served upon him within thirty days after the
date of the decision.

Record

(14) A record shall be compiled for every hearing consist-
ing of the complaint and the notice referred to in subsection 2,
any intermediate rulings or orders made in the course of the
proceedings, a transcript of the oral evidence, if a transcript
has been prepared, such documentary evidence and things
as were received in evidence and the decision and the reasons
therefor, provided that documents and things received in

Subsection 21. This provision implements Recommendation 21 of
the McRuer Report (page 1210 of Volume 3).

Section 26. This appeal section implements Recommendation 23
of the McRuer Report (page 1210 of Volume 3).

evidence may be released to the persons tendering tliem when
all appeals have been finally disposed of or the right to appeal
has terminated.

(15) Any document required to be served under this Act documents
upon a person whose conduct is being investigated shall be

(16) Where a member or licensee has been suspended from Sllft^al'ter
practising under this section, he may, upon payment of all ^"^p®"^'°"
fees and other costs owing by him to the Association, apply to

the council to be re-instated as a member or licensee, as the
case may be, and the council may terminate the suspension
of such member or licensee upon such terms as it considers
proper.

(17) A person whose membership or licence has been^^^

Re-

■ admission

cancelled under this section may apply to the council ^or 1^'®^!^^^^^
membership or for a licence, as the case may be, and the
council shall, subject to subsection 18, hear the application
and make such order as it considers proper and may include
as a term of any such order such conditions as the council
considers proper to be fulfilled before the applicant is ad-
mitted to membership or granted a licence or to be observed
by such member or licensee thereafter.

(18) Except with the consent of the council, no application i^em
under subsection 17 shall be heard before the expiry of two
years from the date of the cancellation of membership or
licence or the date of the final disposition of any appeal.

(19) Upon a hearing for admission to membership or for ^''®'"
the granting of a licence under subsection 17, the council
shall follow, in so far as practicable, the procedure provided

for in the case of a complaint under this section, and a former
member or licensee has the same right of appeal from an
order made by the council under subsection 17 as is provided
in section 26.

(20) The council may appoint a committee to act for and of'™™nc^f^
on its behalf composed of not fewer than five members of the
council, one of whom shall be the president, a vice-president

or the immediate past president, and may delegate to the

Practice
pending
appeal

(21) Except in the case of professional misconduct con-
stituting incompetence on the part of the person whose
conduct was investigated, the suspension or cancellation of
the membership or licence of a person whose conduct was
investigated under this section does not become effective until
any appeal has been finally disposed of or the right of appeal
has terminated. R.S.O. 1960, c. 309, s. 28 (5), amended.

APPEALS

Appeal 26. — (1) Any person whom the council has refused to

register for membership or whose name the council has
refused to restore on the register or to whom the council has
refused to issue a licence or who has been reprimanded or
whose membership or licence is suspended or cancelled may
appeal from the order of refusal, reprimand, suspension or
cancellation to the Court of Appeal within fifteen days from
the day upon which he is served with the order of refusal,
reprimand, suspension or cancellation.

Certified
copies of
papers

Failure to
pay costs

Procedure
and record

I'm, tue

(5) Except as otherwise provided, appeals under this section
shall be in accordance with the practice in appeals from the
decision or order of a judge of the Supreme Court.

(6) Upon the hearing of an appeal under this section the^'"''®"
Court of Appeal may make such order as the court deems
proper or may refer the matter or any part thereof back to

the council with such directions as the court deems proper.

(7) The Court of Appeal may make such order as to the '^°^^^
costs of the appeal as the court deems proper. R.S.O. 1960,

c. 309, s. 28 (4), amended.

OFFENCES

27. — (1) Every person, other than a member or a licensee, °g*J|o^|*'
who,

(6) advertises, holds himself out, or conducts himself in
any way or by anj' means as a member or a licensee;
or

is guilty of an oflfence. R.S.O. 1960, c. 309, s. 30, amended.

(2) Every person who, ^^^'^

{b) knowingly makes any false statement in any applica-
tion or declaration signed or filed by him under this
Act,

is guilty of an offence. R.S.O. 1960, c. 309, s. 33, part,
amended.

ptStner?' (^^ Where a partnership, association of persons or corpor

a«Boolatione **°" '''^^ ^^^ "° Subsisting certificate of authorization,

and

corporations , > . .....

(a) practises professional engineering;

(b) uses orally or otherwise any name, title, description
or designation that will lead to the belief that it is
entitled to practise professional engineering; or

(c) advertises, holds itself out or conducts itself in any
way or in such manner as to lead to the belief that
it is entitled to practise professional engineering,

every member of the partnership, every member of the asso-
ciation of persons, or the corporation and every director there-
of, is guilty of an offence.

Idem

(4) Where a partnership, association of persons or corpora-
tion that has a subsisting certificate of authorization practises
professional engineering in contravention of this Act, ever>'
member of the partnership, every member of the association
of persons, or the corporation and every director thereof,
is guilty of an offence.

Penalties

Umitation (^j \;q proceedings shall be commenced for a contravention
proceedings of any of the provisions of this section after two years from

the date of the commission of such contravention. R.S.O.

1960, c. 309, s. 35, amended.

LIMITATION OF .\CTIONS

Limitation
of actions

Extension

Section 28. This new section implements Recommendations 29,
30 and 31 of the McRuer Report (page 1211 of Volume 3).

23
(3) This section does not apply to proceedings under Pj°®,^"j°'

section 25. New. disciplinary

proceedings

TRANSITIONAL PROVISIONS

29.— (1) Notwithstanding section 4, the president, the ^S^n*™ ""^
vice-presidents and the elected councillors holding office when
this Act comes into force shall continue to hold office until
after the first annual election after this Act comes into force.

(2) Notwithstanding subsections 4 and 5 of section 4, at^^^^J^j
the first election of councillors after this Act comes into force, election
one councillor-at-large shall be elected for a two-year term

(3) Notwithstanding subsection 6 of section 4, all councillors members'^
who have been appointed by the Lieutenant Governor in
Council and are holding office when this Act comes into force

shall continue to hold office for the term designated in the
order in council by which they were appointed. New.

MISCELLANEOUS

30. The Professional Engineers Act is repealed. c^'fo?,' ^^^°'

repealed

31. This Act comes into force on a day to be named by ^jg^u"^"'^*
the Lieutenant Governor by his proclamation.

32. This Act may be cited as The Professional Engineers short title
Act, 1968-69.

<~. <»

o"^

§.3-

^i:

5 a

tA.

fi o

C/l

X
>

PI;

3 5>

3*^

'^.

' '

I -^

»<9

5 <«>

3 at

- s

3" a

BILL 48

2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69

The Professional Engineers Act, 1968-69

Mr. Wishart

{Reprinted as amended by the Committee of the Whole House)

TORONTO
Printed and Published by Frank Fogg, Queen's Printer

TABLE OF CONTENTS

Sectiok Pace

INTERPRETATION I. 2 1

THE ASSOCIATION 3 3

THE COUNCIL 4-10 4

MEMBERSHIP 11-16 9

LICENSING 17-19 11

PARTNERSHIPS, CORPORATIONS 20 13

EXAMINATIONS 21 14

REGISTRAR 22. 23 15

HEARINGS, UPON APPLICATIONS 24 16

DISCIPLINARY 25 16

APPEALS 26 20

OFFENCES 27 21

LIMITATION OF ACTIONS 28 23

TRANSITIONAL PROVISIONS 29 23

MISCELLANEOUS 30-32 23

Explanatory Notes

General — At the 1968 Session of the Legislature, Bill 42 was intro-
duced which represented the first comprehensive revision of The Profes-
sional Engineers Act which was first passed in 1922. Bill 42 was not
proceeded with in view of the publication at that time of the Report of the
Royal Commission Inquiry into Civil Rights.

The changes made in this revision are designed to facilitate the
.Association of Professional Engineers of the Province of Ontario in the
administration of its affairs and to bring the -Act up to date in substance

and form.

Most of the differences between this Bill and Bill 42 are changes to
confcjrm to the recommendations of the McRuer Report.

BILL 48 1968-69

The Professional Engineers Act, 1968-69

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

INTERPRETATION

1. In this Act, uti??"'

(a) "Association" means the Association of Professional
Engineers of the Province of Ontario ;

(b) "by-law" means a by-law of the Association;

(d) "council" means the council of the Association;

(c) "graduate" means a graduate of a university or other
educational institution in a course in any branch of
engineering or science, the practice of which con-
stitutes professional engineering and which is rec-
ognized by the council;

(/) "licence" means a licence to practise professional
engineering issued under this Act;

(g) "licensee" means a person who holds a subsisting
licence ;

(h) "member" means a member of the Association;

rklB

cranes, drainage works, irrigation works, wa
works, water purification plants, sewerage worl
sewage disposal works, incinerators, hydraulic works,
power transmission systems, steel, concrete or re-
inforced concrete structures, electric lighting sys-
tems, electric power plants, electric machinery,
electric or electronic apparatus, electrical or elec-
tronic communication systems or equipment, mineral
property, mining machinery, mining development,
mining operations, gas or oil developments, smelters,
refineries, metallurgical machinery, or equipment or
apparatus for carrying out such operations, mach-
inery, boilers or their auxiliaries, steam engines,
hydraulic turbines, pumps, internal combustion
engines or other mechanical structures, chemical or
metallurgical machinery, apparatus or processes,
or aircraft, and generally all other engineering works
including the engineering works and installations
relating to airports, airfields or landing strips or
relating to town and community planning;

(j) "professional engineer" means a person who is a
member or licensee;

(k) "region" means a geographical area of Ontario as
defined by by-law;

(/) "register" means the record of registrants main-
tained by the registrar;

(m) "registrant" means a person recorded in the register
as a member, licensee, an assistant to a professional
engineer, a graduate or an undergraduate;

(n) "registrar" means the registrar of the Association;

(o) "regulation" means a regulation of the Association;

nSii^nl^ed 2* Nothing in this Act prevents,

(a) any person from performing his duties in the Cana-
dian Armed Forces;

Section 2— Clause «. The exemption relating to mining work ii
revised. Provision is made in section 11 (6) for admission to membership
in the Association of persons who are engaged in this field.

(b) any member or licensee of the Ontario Association of
Architects under The Architects Act or any employee R-|-0. i960
of such member or licensee acting under the direction

under The Operating Engineers Act from practising ^-fs^- ^^^°
or designating himself as an operating engineer;

{d) any person from practising as a bacteriologist,
chemist, geologist, mineralogist or physicist;

(e) any person from advising on or reporting on any
mineral property or prospect;

(/) any person from operating, executing or supervising
any works as owner, contractor, superintendent,
foreman, inspector or master,

or requires any such person to become registered or licensed
under this Act in order to do any such thing. R.S.O. 1960,
c. 309, s. 2, amended.

THE ASSOCIATION

3. — (1) The body politic and corporate known as the ^„^^?,"='*"9"
Association ol Professional Engineers of the Province of
Ontario" incorporated under The Professional Engineers Act, ^^^^- "■ ^^
1922 is hereby continued.

(2) All persons who are members of the Association when Members
this Act comes into force or who hereafter are admitted as
members constitute the Association. R.S.O. 1960, c. 309,

s. 3 (1), amended.

(3) The objects of the Association are, objects

(a) to regulate the practice of professional engineering
and to govern the profession in accordance with this
Act, the regulations and the by-laws;

(b) to establish and maintain standards of knowledge
and skill among its members; and

m order that the public interest may be served and protected.
New.

Head offlce

(4) The head office of the Association shall be at the city
of Toronto.

Property

THE COUNCIL

Council

4. — (1) There shall be a council which shall consist of a
president, a first vice-president, a second vice-president, an
immediate past president, two elected councillors-at-Iarge,
ten elected regional councillors and five appointed councillors,
all of whom shall be members and residents of Ontario.

an?'vice- (2) The president and the vice-presidents shall have such

presidents qualifications as are prescribed by by-law and shall be elected

annually by vote of the members. R.S.O. 1960, c. 309,

s. 8 (1-3), amended.

CounclUors-
at-large

(3) One councillor -at-large shall be elected each year for a
two-year term by vote of the members. New.

Regional
councillors

^oun^c'niore (^) The five appointed councillors shall be appointed by
the Lieutenant Governor in Council for a term of three years
and shall be qualified respectively in the following fields of
engineering:

1. Civil.

2. Mechanical, Aeronautical and Industrial.

3. Electrical.

4. Chemical and Metallurgical.

5. Mining and Geology. R.S.O. 1960, c. 309, s. 8
(5, 6), amended.

Section 4 — Subsection 4. The method of electing ten of the coun-
cillors is changed from a branch basis which is the basis in the present
Act to a geographical basis.

Subsections 6, 7. These new provisions implement Recommendations
2 and 7 of the McRuer Report (page 1209 of Volume 3).

(6) In addition to the councillors mentioned in subsection 1 . ^o^Jnciiior
the Lieutenant Governor in Council may appoint as coun- '^egai^^^^^^
cillors,

(a) a person who is not a member; and

(b) a person who is a barrister and solicitor of at least
ten years standing at the bar of Ontario,

both of whom are residents of Ontario.

(7) Persons apfjointed under subsection 6 shall serve for'^®'''"
a term of three years but are eligible for re-appointment.

(8) Where the president, a vice-president or a councillor ^^'=*°°'®*
resigns, is absent from three consecutive meetings of the
council, becomes incapacitated or dies, the office may be
declared vacant by the council, and, if such office should be
declared vacant, except in a case of a councillor appointed by

the Lieutenant Governor in Council, the council shall fill the
vacancy in such manner as is provided by by-law, and in the
case of a vacancy in the office of a councillor appointed by the
Lieutenant Governor in Council, the Lieutenant Governor in
Council may fill the vacancy by appointment of a person of
the same class as the councillor causing the vacancy. R.S.O.
1960, c. 309, s. 8 (6, 7), amended.

(9) No person shall be appointed or elected to the council ^o^^^'^'o"
unless he is a Canadian citizen or other British subject, and canadianB
no person shall continue to hold any such office if he ceases to

be so qualified. New.

5. The council, frltsnrer:

secretary,
,,,,,. . , , executive

(a) shall appomt a registrar and a treasurer; and director

(b) may appoint a secretary, an executive director and
such other officials as the council deems fit,

and any two or more of such offices may be held by one
person. New.

6. No action or other proceedings for damages shall be^f^Qu'^Ji]
instituted against the council, or any member or official of^^^lj.^"**
the council or any person appointed by the council for any

act done in good faith in the performance or intended perform-
ance of any duty or in the exercise or in the intended exercise
of any power under this Act, a regulation or a by-law, or
for any neglect or default in the performance or exercise in
good faith of any such duty or power. R.S.O. 1960, c. 309,
s. 29, amended.

Reguiatiom 7, — (j) j^i^ council may make regulations respecting any
matter that is outside the scope of the power to pass by-laws
specified in section 8 and, without limiting the generality of the
foregoing,

(a) prescribing the scope and conduct of examinations
of candidates for registration;

(b) prescribing the form of the summons referred to in
subsection 10 of section 25;

(d) defining "professional misconduct" for the purpose
of this Act and the regulations;

(e) defining classes of specialists in the various fields of
engineering;

(/) prescribing the qualifications required of specialists
or any class thereof;

(g) providing for the designation of specialists upon
application and examination or otherwise, for the
suspension or revocation of such designations, and
for the regulation and prohibition of the use of
terms, titles or designations by professional engineers
indicating specialization in any field of engineering;

(h) regulating and prohibiting the use of terms, titles
or designations by professional engineers in indepen-
dent practice.

Approvals (2) No regulation is effective,

(a) until it has been submitted to the memljers for
approval by means of a letter ballot returnable
within thirty days after the mailing thereof and it
has been approved by a majority of those voting
within the prescribed time; and

(6) until it has been approved by the Lieutenant
Governor in Council. New.

By-laws 8. — (1) The council may pass by-laws relating to the

administrative and domestic affairs of the Association, and,
without limiting the generality of the foregoing,

(a) respecting the determination and modification of the
boundaries of regions and the determination of