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No. 81

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Industrial Standards Act.

Mr. Daley

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note

This Bill applies only to the retail gasoline service industry.

The purpose of the Bill is to prohibit the fixing of hours and days of
work in the industry in schedules under The Industrial Standards Act and
to make applicable instead the closing by-law provisions of The Factory,
Shop and Office Building Act which will be amended by a complimentary
Bill to extend the powers of municipalities with respect to the closing hours
of retail gasoline outlets.

No. 81 1948

BILL

An Act to amend The Industrial Standards Acto

IS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,

enacts as follows:

1. The Industrial Standards Act is amended by adding Rev. stat.,
thereto the following section: amended.

19. — (1) In this section "retail gasoline service industry" g'^o*fne
shall mean the business of operating retail gasoline f^^^'^^^j.y..^
service stations, gasoline pumps or outlets where
gasoline is ofifered for sale at retail, including washing,
waxing, oiling or lubricating automotive vehicles,
repairing or changing tires and other services and
undertakings incidental thereto, but shall not include
a gasoline outlet on the premises of an employer and
used in the fueling of automotive vehicles owned or
operated by the employer.

(2) Notwithstanding anything in this Act, no schedule ^g^^®P.*J°°jj
applicable to the retail gasoline service industry shall gasoline

ssrvic©

prescribe the hours of the day during which the industry,
hours of work may be performed or shall establish
the particular days of the week for the performance
of labour in the industry.

2. In this Act "retail gasoline service industry" shall have "Retail
the same meaning as in section 19 of The Industrial Standards service

A . industry"

Act. defined.

3. The provisions of every schedule applicable to the retail ^-^g^'uils
gasoline service industry that prescribe the hours of the day™°^*^®^-
during Avhich the hours of work may be performed or that
establish the particular days of the week for the performance of
labour in the industry shall be void after the 30th day of
April, 1948.

4. The council of any municipality in which or in part of f^ation"by*"
which the provisions mentioned in section 3 are in force may, by-law.

by by-law, declare that such provisions shall not apply in the
municipality or part, and upon the passing of the by-law such
provisions shall cease to apply in the municipality or part,
as the case may be.

Modified
Rchedule
conflrmed.

5. — (1) Fwery schedule modified under this Act is con-
firmed as so modified.

and"pubu- (2) The Minister of Labour may direct that any schedule

Gallon. modified under this Act shall, as so modified, be filed and

1944. 0. 62.

published under The Regulations Act, 1944, and the Minister's
direction shall be authority for so doing.

Posting up.

(3) Every employer affected by any schedule modified
R V St t un<^^'' this Act shall cause the copies of the schedule posted up
o. 191. " pursuant to section 10 of The Industrial Standards Act to be
replaced by copies of the s( li((lule as so modified.

Where zone
oomprtBes
more than
one muni-
cipality.

6. Where a zone for the retail gasoline service industry
comprises more than one municipality, the provisions men-
tioned in section 3 shall, as long as they are in force, apply in
each municipality or part of a municipality within the zone
as if each municipality or part were designated as a separate
zone.

Cessation
of powers.

Prosecutions.

7. The Minister of Labour, the Industrial and Labour
Board and every Industrial Standards Officer shall cease to
have any powers and duties under The Industrial Standards
Act in respect of the provisions mentioned in section 3.

8. No prosecution shall be instituted under The Industrial
Standards Act for a contravention of the provisions mentioned
in section 3 except with the consent expressed by resolution
of the council of the municipality in which the contravention
is alleged to have taken place.

menVof Act. ^' ^^'^ ' ^ct, e.xcept section 1, shall come into force on the
day upon which it receives the Royal Assent, and section 1
shall come into force on the 1st day of May, 1948.

Short title. 10. This Act mix

Amendment Act, 1948.

cited as The Industrial Standards

52.

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No. 81

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Industrial Standards Act.

Mr. Daley

TORONTO

Printed and Published by Baptist Johnston

Printer to the Kino's Most Excellent Majesty

No. 81 1948

BILL

An Act to amend The Industrial Standards Act,

IS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,

enacts as follows:

1. The Industrial Standards Act is amended by adding Rev stat.,
thereto the following section: amended.

19. — (1) In this section "retail gasoline service industry" g|^o*fne
shall mean the business of operating retail gasoline ?®^y^g®j.y..
service stations, gasoline pumps or outlets where
gasoline is offered for sale at retail, including washing,
waxing, oiling or lubricating automotive vehicles,
repairing or changing tires and other services and
undertakings incidental thereto, but shall not include
a gasoline outlet on the premises of an employer and
used in the fueling of automotive vehicles owned or
operated by the employer.

(2) Notwithstanding anything in this Act, no schedule ^g^^o^j-e^^n
applicable to the retail gasoline service industry shall gasoline
prescribe the hours of the day during which the industry.
hours of work may be performed or shall establish
the particular days of the week for the performance
of labour in the industry.

2. In this Act "retail gasoline service industry" shall have "Retail
the same meaning as in section 19 of The Industrial Standards service

J, , industry

Act. defined.

3. The provisions of every schedule applicable to the retail Schedules
gasoline service industry that prescribe the hours of the day "^°'^**^®^-
during which the hours of work may be performed or that
establish the particular days of the week for the performance of
labour in the industry shall be void after the 30th da}^ of
April, 1948.

4. The council of any municipality in which or in part of ^^^'"^'j^^^^^^'
which the provisions mentioned in section 3 are in force may, by-law.

by by-law, declare that such provisions shall not apply in the
munici{)ality or part, and upon the passing of the by-law such
provisions shall cease to apply in the municipality or part,
as the case may be.

^hedSTe *5— (1) Fwery schedule modified under this Act is con-

confirmed, firmed as so modified.

and"pubii- (2) ^^^c Minister of Laljour iii;i\ (h'rect that any schedule

caiion. modified under this Act shall, a- mi modified, be filed and

1944, c. 52. published under The Regulntions Act, 1944, and the Minister's
direction shall be authority- for so doing.

Posting up.

Rev. Stat.,
0. 191.

Where zone
comprises
more than
one muni-
cipality.

(3) ICvery emplowr affected by any schedule modified
under this Act shall cause the copies of the schedule posted up
pursuant to section 10 of The Industrial Standards Act to be
replaced by copies of the schedule as so modified.

of'^were. '^- 'The Minister of Labour, the Industry and Labour

Board and every Industrial Standards OfiBcer shall cease to
have any powers and duties under The Industrial Standards
Act in respect of the provisions mentioned in section 3.

SeXf Aa'. ®- This Act, except section 1, shall come into force on the
day upon which it receives the Royal Assent, and section 1
shall come into force on the 1st day of May, 1948.

Short title.

10. This Act may be cited as The Industrial Standards
Amendment Act, 1948.

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No. 82''

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

And to amend The Teaching Profession Act, 1944.

Mr. Drew

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

RXPI-ANATORY NoTE

These amendments make some changes in the composition of the Board
of Governors and of the Kxecutive of the Ontario Teachers' Federation.
These changes have been asked for by the Federation in the light of its
experience since the Act was passed in 1944.

No. 82 1948

BILL

An Act to amend The Teaching Profession Act, 1944.

HIS MAJESTY, by and with the ad\icc and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Sections 5 and 6 of Tie Teaching Frcfession Act, 1944,l^\\-^^^^
are repealed and the following substituted therefor: re-enacted.

5.— (1) There shall be a Board of Governors of the goar^^oj^^
Federation which shall be composed of forty memibers
as follows:

(a) the immediate past president, the president,
the first vice-president, the second vice-
president and the secretary-treasurer of The
Ontario Secondary School Teachers' Federa-
tion, The Federation of Women Teachers'
Associations of Ontario and The Ontario
Public School Men Teachers' Federation, and
five representatives of each of such federations,
who shall be elected annually at the annual
meeting of their federation ;

{h) five representatives of L'/ ssociation de I'En-
seignement Francais de I'Ontario, w^ho shall
be elected annually at the annual meeting of
the Association; and

(c) five representatives of The Ontrrio Fnglish
Catholic Teachers' Association, who shall be
elected annually at the annual meeting of the
Association.

(2) The members of the Foard of Governors shrll take Term of
office at the conclusion of the annu?l meeting of the
Federation and shall hold ofiice until their successors
take office.

Vacancies. (3) |f ^ vacanc>' occurs on the Board of Governors it

shall be fillwi by the executive of the affiliated body
which the person who vacated the office represented
and the person so named to fill the vacancy shall hold
office for the remainder of the term of the person who
vacated the office.

Executive. 6. — (1) There shall be an executive of the Federation

which shall be composed of nine members as follows:

(a) the immediate past president, the president,
the first vice-president, the second vice-
president and the third vice-president of the
F'ederation ;

(b) one representative of The Ontario Secondary

School Teachers' Federation, one representa-
tive of The Federation of Women Teachers'
Associations of Ontario and one representa-
tive of The Ontario Public School Men
Teachers' Federation, who shall be elected
annually at the annual meeting of the Board
of Governors from among its members; and

Term of
office.

Vacancies.

President
and vice-
presidents.

Secretary-
treasurer.

(2) The members of the executive shall take office at the
conclusion of the annual meeting of the Federation
and shall hold office until their successors take office.

(3) If a vacancN- occurs on the executive it may be filled
by the Board of Governors from among its members
who represent the affiliated body which the person
who vacated the office represented, and the person so
named shall hold office for the remainder of the term
of the person who vacated the office.

6a. There shall be a president, a first vice-president, a
second vice-president and a third vice-president of
the Federation who shall be elected annually at the
annual meeting of the Board of Governors from
among its members in such a manner that the offices
of the immediate past president, president, first vice-
president, second vice-president and third vice-
president shall represent each of the affiliated bodies.

66. There shall be a secretary-treasurer of the Federation
appointed by the Board of Governors who may be a
member of the Board of Governors and who shall
receive such remuneration as may be fixed by the
Board of Governors.

2. Clause d of section 10 of The Teaching Profession Act, l^\-^' ^j ^4.
1944, is repealed. repealed.

3. This Act shall come into force on the day upon which commence-

11 ment of Act.

It receives the Royal Assent and shall be deemed to have had
eflfect on and after the 1st day of January, 1948.

4. This Act may be cited as The Teaching Profession short title.
Amendment Act, 1948.

54.

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No. 82

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Teaching Profession Act, 1944.

Mr. Drew

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 82 1948

BILL

An Act to amend The Teaching Profession Act, 1944.

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

1. Sections 5 and 6 of The Teaching Profession Act, 1944,'^^^- ^^ ^ g
are repealed and the following substituted therefor: re-enacted.

5. — (1) There shall be a Board of Governors of the^oardof

V • 1-11111 1 r r Governors.

Federation which shall be composed of forty members
as follows:

{a) the immediate past president, the president,
the first vice-president, the second vice-
president and the secretary-treasurer of The
Ontario Secondary School Teachers' Federa-
tion, The Federation of Women Teachers'
Associations of Ontario and The Ontario
Public School Men Teachers' Federation, and
five representatives of each of such federations,
who shall be elected annually at the annual
meeting of their federation ;

{h) five representatives of L'Association de I'En*
seignement Francais de I'Ontario, who shall
be elected annually at the annual meeting of
the Association; and

(c) five representatives of The Ontario English
Catholic Teachers' Association, who shall be
elected annualh' at the annual meeting of the
Association.

(2) The members of the Board of Governors shall take Term of
ofiice at the conclusion of the annual meeting of the
Federation and shall hold ofiice until their successors
take office.

VacanciM. (3) jf ^ vacanc\' occurs on the Board of Governors it

shall be filled by the executive of the affiliated txxly
which the person who vacated the office represented
and the person so named to fill the vacancy shall hold
office for the remainder of the term of the person who
vacated the office.

Executive.

(1) There shall be an executive of the Federation
which shall be composed of nine members as follows:

(a) the immediate past president, the president,
the first vice-president, the second vice-
president and the third vice-president of the
Federation ;

(b) one representative of The Ontario Secondary

Term of
office.

(2) The members of the executive shall take office at the
conclusion of the annual meeting of the Federation
and shall hold office until their successors take office.

Vacancies.

President
and vice-
presidents.

Secretary-
treasurer.

(3) If a vacancy occurs on the executive it may be filled
by the Board of Governors from among its members
who represent the affiliated body which the person
who vacated the office represented, and the person so
named shall hold office for the remainder of the term
of the person who vacated the office.

6b. There shall be a secretary-treasurer of the Federation
appointed by the Board of Governors who may be a
member of the Board of Governors and who shall
receive such remuneration as may be fixed by the
Board of Governors.

2. Clause d of section 10 of The Teaching Profession Act, ^^j^' ^j 64,
1944, is repealed. repealed.

3. This Act shall come into force on the day upon which commence-
it receives the Royal Assent and shall be deemed to have had

effect on and after the 1st day of January, 1948.

4. This Act may be cited as The Teaching Profession short title.
Amendment Act, 1948.

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No. 83

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Department of Education Act.

Mr. Drew

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes

Section 1 — Subsection 1. The power to make regulations resf>ecting
pupils residing on Crown lands is extended to provide for regulations
respecting the cost of education of those pupils.

Subsection 2. These amendments respecting the power to make regu-
lations are now contained in subsection 2 of section 4 of The Department
of Education Act which is re-enacted without these provisions in subsection 3
of this section of the Bill. The only new power is that given in the new
clause za.

No. 83 1948

BILL

An Act to'amend|The Department of Education

Act.

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

1. — (1) Clause w of subsection 1 of section 4 of The Depart- Rev. stat.,

. c. 356 s. 4

ment of Education Act, as re-enacted by section 1 of The snhs. i,'c\.'
Department of Education Amendment Act, 1947, is amended by 0^29! 's. i).
adding at the end thereof the words "or the payment of the ^™®'^'^®**'
cost of education of such pupils", so that the said clause shall
now read as follows:

{w) governing the attendance at public, separate, high,
continuation and vocational schools and collegiate
institutes of pupils residing on lands held by the
Crown in right of Canada or Ontario, or the payment
of the cost of education of such pupils.

(2) Subsection 1 of the said section 4 is further amended Rev. stat.,

^ ' . . C. CSOD, S. 4,

by adding thereto the followmg clauses: subs. 1

c. 29, 's. 1).

{za) fixing the method of calculating the cost of education ^ ^"^ ® •
of pupils residing on lands held by the Crown in
right of Canada and authorizing boards,

(i) to charge those pupils a fee in accordance with
that method, or

(ii) instead of charging those pupils a fee, to enter
into an agreement with Canada for the
payment of an amount in lieu of the fee;

{zh) providing for the apportionment and distribution of
all money appropriated or raised by this Legislature
for educational purposes;

{zc) prescribing definitions of,

83 .

(i) "approved cost", and providing fot the aj)-
proval of the Minister as a condition in the
definition; and

(ii) "cost of operating",

for the purpose of legislative grants to boards; and

(zd) prescribing the conditions governing the payTiient
of legislative grants.

c!*366^h!V. («5) Subsection 2 of the said section 4 is repealed and the
0947.^ following substituted therefor:

c. 29. 8. 1).

r^-enacted. /^\oi. i ii-ti- /—

jjjg^ (2) Subject to the approval of the Lieutenant-Cjovernor

in Council, the Minister may make regulations, —

(a) providing for programmes of adult education,
recreation, camping, and athletics and physical
education ;

(b) prescribing definitions of "area community-

programme", "area recreation-committee",
"area recreation-director", "assistant", "com-
munity piogramme", "director", "joint com-
munity-programme", "joint recreation-com-
mittee", "municipial council", "recreation"
and "recreation community";

tenance and operating costs", and providing
for the approval of the Minister as a condition
in the definition, for the purpose of legislative
grants for programmes of recreation;

{d) providing for the apportionment and distribu-
tion of all money appropriated or raised by
this Legislature for,

(i) programmes of adult education, recrea-
tion, camping, and athletics and phy-
sical education,

(ii) the Provincial Athletic Training Camp,
and

(iii) the maintenance of historical, literary
and scientific institutions;

(e) prescribing the conditions governing the pay-
ment of grants for,

Subsection 3. These new powers to make regulations authorize the
extensive plan of the Department of Education to provide for community
programmes of recreation, and for programmes of adult education, recrea-
tion, camping and athletics and physical education.

(i) programmes of adult education,

(ii) programmes of recreation, camping, or
athletics and physical education, and
providing for the approval of the
Minister in any condition, or

(iii) the maintenance of historical, literary
and scientific institutions;

( /) authorizing,

(i) municipal councils to appoint recreation
committees, or two or more municipal
councils of municipalities having a com-
bined population of under 25,000 to
appoint joint recreation-committees,
but only with the approval of the
Minister,

(ii) recreation committees or joint recrea-
tion-committees to appoint directors,
assistants and secretaries,

(iii) joint recreation-committees, or recrea-
tion committees in municipalities hav-
ing a population of at least 25,000, to
appoint area recreation-committees and
area recreation-directors, and

(iv) two or more municipalities to enter
into agreements,

for the purpose of programmes of recreation;

(g) prescribing the composition of recreation com-
mittees, joint recreation-committees and area
recreation-committees, and fixing the number
of members thereof, for the purpose of pro-
grammes of recreation;

(h) authorizing the Minister to determine the
number of assistants and area community-
programmes in respect of which grants may
be paid for programmes of recreation;

(«') authorizing the payment of special grants for
programmes of recreation, but only with the
approval of the Minister; and

(j) fixing the amount of the grants under clause i.
83

Application
of cl. a,
Bubcl. 1 of
cl. d and
eubcl. ii of
clause e,
subs. 2.

Rev. Stat,
c. 356,
amended.

(3) For the purposes of clause a, subclause i of clause d
and subclause ii of clause e, of subsection 2, "ath-
letics and physical education" shall include recrea-
tion for crippled persons under the age of 19 years.

2. The Department of Edtication Act is amended by adding
thereto the following heading and section :

Provincial

camp

continued.

Commence-
ment of Act.

Short title.

PROVINCIAL ATHLETIC TRAINING CAMP.

12a. The athletic camp at Longford, Lake Couchiching,
known as the "Provincial Athletic Training Camp",
may be continued under the administration and
control of the Minister.

3, This Act shall come into force on the day upon which
it receives the Royal Assent and shall be deemed to have had
effect on and after the 1st day of January, 1948.

4. This Act may be cited as The Department of Education
Amendment Act, 1948.

Section 2. The camp referred to in the new section 12a has been
administered by the Ontario Athletic Commission, which ceased to func-
tion by reason' of The Athletics Control Act, 1947, and the camp is now
administered by the Minister of Education.

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No. 83

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Department of Education Act.

Mr. Drew

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 83 1948

BILL

An Act to amend The Department of Education

Act.

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

1. — (1) Clause w of subsection 1 of section 4 of The Depart- Rev. stat.,

. c. 356 s. 4

ment of Education Act, as re-enacted by section 1 of Thesxihs. x,'o\.' v
Department of Education Amendment Act, 1947, is amended bye. 29, 's. i).
adding at the end thereof the words "or the payment of the ^'^®'^'^®'^'
cost of education of such pupils", so that the said clause shall
now read as follows:

(2) Subsection 1 of the said section 4 is further amended ^®y^-„^***:'

^ ' , . c. 356, S. 4,

by adding thereto the followmg clauses: subs. 1

C. 29, 's. 1),

{za) fixing the method of calculating the cost of education ^
of pupils residing on lands held by the Crown in
right of Canada and authorizing boards,

(i) to charge those pupils a fee in accordance with
that method, or

(ii) instead of charging those pupils a fee, to enter
into an agreement with Canada for the
payment of an amount in lieu of the fee;

{zh) providing for the apportionment and distribution of
all money appropriated or raised by this Legislature
for educational purposes;

(zc) prescribing definitions of,

(i) "a{)prov('(l cost", and providing foi the ap-
proval of the Minister as a condition in the
definition ; and

(ii) "cost of operating",

for the jnirpose of legislative grants to boards; and

(zd) prescribing the conditions governing the pa\nient
of legislative grants.

o^*356?8!V. (^) Subsection 2 of the said section 4 is repealed and the
a947f following substituted therefor:

c. 29, 8. 1).

re-enacted. o i • i r i » • ^

j^g^ (2) bubject to the approval of the Lieutenant-Governor

in Council, the Minister may make regulations, —

(a) providing for programmes of adult education,
recreation, camping, and athletics and physical
education ;

(b) prescribing definitions of "area community-

programme", "area recreation-committee",
"area recreation-director", "assistant", "com-
munity piogramme", "director", "joint com-
munity-programme", "joint recreation-com-
mittee", "municipal council", "recreation"
and "recreation community";

tenance and operating costs", and providing
for the approval of the Minister as a condition
in the definition, for the purpose of legislative
grants for i)rogranimes of recreation;

(d) providing for the apportionment and distribu-

tion of all money appropriated or raised by
this Legislature for,

(i) programmes of adult education, recrea-
tion, camping, and athletics and phy-
sical education,

(ii) the Provincial Athletic Training (amp,
and

(iii) the maintenance of historical, literary
and scientific institutions;

(«) prescribing the conditions governing the pay-
ment of grants for,

(i) programmes of adult education,

(ii) programmes of recreation, camping, or
athletics and physical education, and
providing for the approval of the
Minister in any condition, or

(iii) the maintenance of historical, literary
and scientific institutions;

(/) authorizing,

(ii) recreation committees or joint recrea-
tion-committees to appoint directors,
assistants and secretaries,

(iii) joint recreation-committees, or recrea-
tion committees in municipalities hav-
ing a population of at least 25,000, to
appoint area recreation-committees and
area recreation-directors, and

(iv) two or more municipalities to enter
into agreements,

for the purpose of programmes of recreation;

(h) authorizing the Minister to determine the
number of assistants and area community-
programmes in respect of which grants may
be paid for programmes of recreation;

(i) authorizing the payment of special grants for
programmes of recreation, but only with the
approval of the Minister; and

(j) fixing the amount of the grants under clause i.
83

o^P,"°^^'°" (3) For the purposes of clause a, subclause i of clause d

oi'^rfand'^ ^"^ subclause ii of clause e, of subsection 2, "ath-

subci. ii of letics and physical education" shall include recrea-

Cl£lUS6 €

subs. 2.' tion for crippled persons under the age of 19 years.

c^ 3^'6?**** 2. The Department of Education Act is amended by adding

amended. thereto the following heading and section:

PROVINCIAL ATHLETIC TRAINING CAMP.

Provincial
camp

12a, The athletic camp at Longford, Lake Couchiching,
continued. known as the "Provincial Athletic Training Camp",

may be continued under the administration and
control of the Minister.

ment"<ff"Act. ^- This Act shall come into force on the day upon which
it receives the Royal Assent and shall be deemed to have had
effect on and after the 1st day of January, 1948.

Short title. 4, This Act may be cited as The Department of Education
Amendment Act, 1948.

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No. 84

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Public Schools Act.

Mr. Drew

TORONTO

Printed and Published by Baptist Johnston

PRINTERiTO THE^KiNG'S MOST EXCELLENT MAJESTY

Explanatory Notes

Section 1 — Subsection 1. The present clause b reads as follows:

(6) the purchase or enlargement of a site and the erection thereon of a
building for the use of the board for administration or office
purposes.

Subsection 2. This amendment confers power on the council of an
urban municipality, on the application of the board, to pass by-laws for
borrowing money by the issue and sale of debentures for the purpose of
purchasing a bus or buses or other vehicles for the transportation of pupils.
Other councils are also given this power by the application of this subsection
in sections 15, 54a and 55 of the Act.

Section 2. The power of the minister to designate an area of Crown
lands as a rural school section is broadened to give the same power with
respect to any lands which are exempt from taxation for school purposes.

Section 3. The subsection which is added to section 86 provides that
where a pupil resides on lands which are exempt from taxation for school
purposes and neither he nor his parents or guardians pay school taxes in
the school section where he attends school, fees shall be f>aid monthly to
the school board by his parent or guardian or an agent on his behalf.

No. 84 1948

BILL

An Act to amend The Public Schools Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembh" of the Province of Ontario,
enacts as follows:

1 — (1) Clause b of subsection 1 of section 54 of The Pm^/jc Rev. stat.,

^ • . c. So ^ , s. 54,

Schools Act is repealed and the following substituted therefor: subs. i. ci. b,

'■ re-enactea.

(b) the purchase or enlargement of sites and the erection
thereon of buildings or additions or alterations there-
to for the administrative or office purposes of the
board.

(2) Subsection 1 of the said section 54 is further amended by Rev. stat.,
adding thereto the following clause: siibs. if'

amended.

(g) the purchase of a bus or buses or other vehicles for
the transportation of pupils.

2. Subsection 1 of section 62a of The Public Schools Act,^^^"^rj^^^^Q2a
as enacted by section 3 of The Public Schools Amendment Act, '^^^^^'^ 3,
1947, is amended by inserting after the word "Ontario" in the amended. '
fourth line the words "or on any lands which are exempt from
taxation for school purposes," so that the said subsection
shall now read as follows:

(1) Where, in the opinion of the Minister, it is desirable Public

to establish and maintain a public school on lands tax exempt
held by the Crown in right of Canada or Ontario, ^''"'^^•
or on any lands which are exempt from taxation for
school purposes, the Minister may designate an}^
portion of such lands as a rural school section, and
may appoint as members of the board such persons
as he may deem proper.

Rev. Stat.

3. Section 86 of The Public Schools Act, as amended by
section 31 of The School Law Amendment Act, 1938, section 15 c- 357 s. 86,

. _,, o 7 T r ^ 7 A amended.

01 Ike School Law Amendment Act, 1941, and section 4 of
The Public Schools Amendment Act, 1946, is further amended
by adding thereto the following subsection:

PupiiH (10) Where a person of school age who resides on lands

on tux which are exempt from taxation for school purposes,

hfnds!'* attends a public school and he and his parents or

guardians are not assessed for, and do not pa>', taxes
for school purposes in the school section, the parent
or guardian of the pupil or an agent in his behalf shall
pay to the board of the school such monthly fees as
may be prescribed by the board, but not exceeding
the average cost per pupil computed as provided in
subsection 3 except that in such computation county
and municipal grants shall not be deducted.

Rev. Stat.. 4. — (1) Subsection 1 of section 95 of The Public Schools Act

V 357 s 95 .

aiibs. i. ' 'is amended by inserting after the article "a" in the third line
amen e ^^^^ word "public," SO that the said subsection shall now read

as follows:

tVn"of'*'^'" (^^ ^^^^' board of a section or municipality may provide

resident for the transportation of pupils residing in the sec-

pupils , . . ,. , , , ,

attending tion or municipality, as the case may be, to and from

schooi.H. a public, continuation, high or vocational school

situate elsewhere which such pupils have the right by

law to attend, and for the purpose may co-operate

with any other board.

Rev. Stat.. (2) The said section 95 is further amended by adding

c. 357. s. 95, ^ ' f ,1 • t •

amended. thereto the following subsection:

v'e'hkliesl'o*'/ (^) Notwithstanding subsection 2, for the purpose of

uon7)f'"'^ providing transportation of pupils a board may

piipiN purchase a bus or buses or other vehicles either out

of current revenue or by the issue of municipal deben-
tures as authorized by this Act.

ment"oTAct. ^' '^^'^ "^^^ s\\a\\ come into force on the day upon which it
receives the Royal Assent and shall be deemed to have had
effect on and after the 1st day of January, 1948.

Short title. ^j T\\\s Act may be cited as The Public Schools Amendment
Act, 1948.

SECTlONi4. The amendments to section 95 authorize school boards to
purchase buses or other vehicles to provide transportation of pupils, either
out of current revenue or by the issue of debentures as provided in the new
clause g of subsection 1 of section 54 (section 1 of this Bill).

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No. 84

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Public Schools Act.

Mr, Drew

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 84 1948

BILL

An Act to amend The Public Schools Act.

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

1. — (1) Clause b of subsection 1 of section 54 of The Public ^^^^r^^^^^'^
Schools Act is repealed and the following substituted therefor: subs, i, ci. 6.

(b) the purchase or enlargement of sites and the erection
thereon of buildings or additions or alterations there-
to for the administrative or office purposes of the
boarci .

(2) Subsection 1 of the said section 54 is further amended by Rev. stat..

. c 357 s. 54

adding thereto the following clause: subs, i, '

amended.

(g) the purchase of a bus or buses or other vehicles for
the transportation of pupils.

2. Subsection 1 of section 62a of The Public Schools ^c/, e. s^V, s^62o
as enacted by section 3 of The Public Schools Amendment Act, c^gg^'s. 3),
1947, is amended by inserting after the word "Ontario" in the amended. '
fourth line the words "or on any lands which are exempt from
taxation for school purposes," so that the said subsection

shall now read as follows:

(1) Where, in the opinion of the Minister, it is desirable ^J^^^^^^ ^^^
to establish and maintain a public school on lands tax exempt
held by the Crown in right of Canada or Ontario,
or on any lands which are exempt from taxation for
school purposes, the Minister may designate any
portion of such lands as a rural school section, and
may appoint as members of the board such persons
as he may deem proper.

3. Section 86 of The Public Schools Act, as amended by Rev. stat.,
section 31 of The School Law Amendment Act, 1938, section 15 amemied.^^'
of The School Law Amendment Act, 1941, and section 4 of

The Public Schools Amendment Act, 1946, is further amended
by adding thereto the following subsection:

PupllB

residing
on tax
exempt
lands.

(10) WTicrc a person of school ajje who resides on lands
which are exempt from taxation for school purposes,
attends a public school and he and his parents or
guardians are not assessed for, and do not pay, taxes
for school purposes in the school section, the parent
or guardian of the pupil or an agent in his behalf shall
pay to the board of the school such monthly fees as
may be prescribed by the board, but not exceeding
the average cost per pupil computed as provided in
subsection 3 except that in such computation county
and municipal grants shall not be deducted.

(1) Subsection 1 of section 95 of The Public Schools Act

in the third line

Rev. Stat.,

o. 357, 8. 95, . 1,1' • r 1 -1

subs. 1. is amended by msertmg after the article

the word "public," so that the said subsection shall now read

as follows:

Transporta-
tion of
resident
pupils
attending
outside
schools.

(1) The board of a section or municipality may provide
for the transportation of pupils residing in the sec-
tion or municipality, as the case may be, to and from
a public, continuation, high or vocational school
situate elsewhere which such pupils have the right by
law to attend, and for the purpose may co-operate
with any other board.

0**357^*8^*95 ^^^ ^^^ ^^'^ section 95 is further amended by adding
amended. ' thereto the following subsection:

Purchase of
vehicles for
transporta-
tion of
pupils.

(3) Notwithstanding subsection 2, for the purpose of
providing transportation of pupils a board may
purchase a bus or buses or other vehicles either out
of current revenue or by the issue of municipal deben-
tures as authorized by this Act.

ment"o*f"Aot. *• ^^'^ ^^^ ^^^" come into force on the day upon which it
receives the Royal Assent and shall be deemed to have had
effect on and after the 1st day of January, 1948.

Short title.

6. This Act may be cited as The Public Schools Amendment
Act, 1948.

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No. 85

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Vocational Education Act.

Mr. Drew

TORONTO
Printed and Published by Baptist Johnston

PRINTER_iTO THE KiNG'S MOST EXCELLENT MAJESTY

Explanatory Notes

Section 1 — Subsection 1. "Board" is re-defined to bring the Act into
line with existing practice. No continuation school board has ever estab-
lished a vocational school and so is removed from the definition.

Subsections 2 and 3. The definitions of "county pupils" and "resident
pupils" in The Continuation Schools Act, The High Schools Act, and The
Vocational Education Act are amended or re-enacted for consistency. The
new principle involved is to exclude from the definitions pupils who reside
on land which is exempted from taxation for school purposes where they
and their parents or guardians are not assessed for and do not pay school
taxes in the county or school district respectively.

No. 85 1948

BILL

An Act to amend The Vocational Education Act.

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

1. — (1) Clause a of section 1 of The Vocational Education ^^q^^^^^'
Act is repealed and the following substituted therefor: ci. a re-

^ ■ ° enacted.

(a) "Board" shall mean a board of education or the "Board",
board of a high school.

(2) Clause b of the said section 1 , as re-enacted by subsection Rev. stat..
1 of section 33 of The School Law Amendment Act, 1945 and ci. b (i945.*
amended by section 1 of The Vocational Education Amend- c^^, ^^3.
ment Act, 1947, is further amended by adding at the end l^l^ded.
thereof the words "but shall not include pupils residing with
their parents or guardians on land which is exempt from
taxation for school purposes, who and whose parents or guardi-
ans are not assessed for, and do not pay, taxes for school
purposes in a municipality in the county", so that the said
clause shall now read as follows:

(b) "County pupils" shall mean pupils, pupils''.^

(i) who reside with their parents or guardians, or

(ii) who or whose parents or guardians are assessed
for an amount equal to the average assessment
of the ratepayers,

in that part of a county which is not within a city
or separated town or within a high school or grade A
or grade B continuation school district, but shall not
include pupils residing with their parents or guardians
on land which is exempt from taxation for school
purposes, who and whose parents or guardians are
not assessed for, and do not pay, taxes for school
purposes in a municipality in the county.

c^'3(ii/!'H*'^r. (^) ("lausf e of the saifl section I is repealed and the follow
cl.* ro i,ig substituted therefor:

enacted. "

"ReHiderit
pupilH".

{e) "Resident pupils" shall mean pupils,

(i) who reside with their parents or guardians, or

(ii) who or whose paients or guardians are assessed
for an amount equal to the average assessment
of the ratepayers,

within the limits of a high school district or a grade A
or gr.ide B continuation school district in which a
vocational school is established and maintained, but
shall not include pupils residing with their parents
or guardians on land which is exempt from taxation
for school puri)oses, who and whose parents or guar-
dians are not assessed for, and do not pay, taxes for
school purfjoses within the district.

^®369^**^' 2. Sections 3 and 4 and section 5 as amended by section 2
re-e^'acted. °^ ^^'^ Vocational Education Amendment Act, 1947, of The

Vocational Education Act are repealed and the following

substituted therefor:

Establishing

vocational

schools.

Courses of
study.

Admission of
pupils to
vocational
schools.
Rev. Stat..
0. 360.

Admission to

pre-

vocational

school

courses.

3. Subject to the approval of the Minister, a board ma>'

establish and maintain a vocational school.

4. Subject to the approval of the Minister, a vocational

school under this Part may provide, —

(a) pre-vocational school courses of study;

{b) general full-time day courses of study;

(f) part-time day courses of study;

{d) special full-time day courses of study; and

(e) evening courses of study.

5. — (1) Pupils entitled under The High Schools Act to
admission to a day high-school may be admitted to
any vocational school under this Part.

(2) I'pon the recommendation of the vocational-school
principal and with the approval of the advisory
committee, pupils who have successfully completed
grade VII at a public or separate school may be
admitted to any pre-vocational school course of study
at a vocational school.

Section 2. Sections 3, 4 and 5 of The Vocational Education Act
deal with the establishment of vocational schools, courses of study, and the
admission of pupils. These sections are re-enacted for the first time in many
years to bring them into line with modern practice and conditions. The
courses of study are broadened to include pre-vocational school courses
and the requirements for admission of adults are clarified.

(3) Subject to the regulations, pupils of thirteen years of pu^ig^1^r^om°^
age and over, who have been in attendance in auxniary
auxiliary classes, or who are eligible for admission

to such classes, may, with the approval of the
Minister and upon an examination conducted subject
to his direction, be admitted to special industrial
schools established by a board for the purpose of
giving vocational instruction to such pupils where it
is found that they ma\' be benefited by it.

(4) Where the vocational-school principal is satisfied that ^^^jjj^^l^'^^ °^
an adult is competent to receive instruction, the

adult may, without regard to his school standing, be
admitted, —

(a) to a special full-time day course of study;

(b) to a part-time day course of study; or

(5) Except with the consent of the Minister, a pupil ^jf^admiss^jn
enrolled in a full-time day course of study shall not *^^^j^|g'"^
be admitted to an evening course of study.

(6) Where a pupil has,— from pre-

vocational
courses.

(a) attended pre-vocational school classes in a

vocational school for at least one year; and

(b) made progress in his course of study satis-

factory to the principal,

he may, upon the recommendation of the principal
and with the approval of the Director of Vocational
Education, transfer to any other course of study in
the vocational school.

(7) Where a pupil has the right under this Act to attend, — Fees.

(a) general or special 'full-time day courses of
study; or

(b) part-time day courses of study for appren-

tices under The Apprenticeship Act, or forRYqStat..
adolescents under section 5 of The Adolescent B,ev. stat..
School Attendance Act,

he shall be exempt from the payment of fees.

(8) Notwithstanding subsection 7, where a pupil, — paylbie^®^

(a) has completed grade
separate school; and

VIII at a public or

(b) has attended a high or vocational school or
collegiate institute or grade A or grade B con-
tinuation school, for at least six years,

he shall not be admitted to a vocational school
except upon the payment of such fees as the board
may prescribe but not exceeding the average cost per
pupil for education in that vocational school.

c!^*369^8^V3. ^- Section 13 of The Vocational Education Act is amended
amended. ^y adding thereto the following subsection:

Cost of

pupilB from

other

secondary

school

districts.

Rev. Stat.,
c. 360.

(4d) The cost of education of pupils attending a voca-
tional school from another high school district or
grade A or grade B continuation school district shall
be calculated in the same manner mutatis mutandis
as the cost of education of county pupils, and shall
be levied by the council or councils of the munici-
pality or municipalities comprising such district in
accordance with section 42 of The High Schools Act,
and paid to the board operating the vocational
school.

^^^ggSt^at- 4. Part II of The Vocational Education Act, as amended by
Part I'l. section 35 of The School Law Amendment Act, 1945, is repealed
and the following substituted therefor:

PART II.

PROVINCIAL TECHNICAL AND POLYTECHNICAL
INSTITUTES.

Establishing
institutes.

Agreements.

17. — (1) Subject to the approval of the Lieutenant-
Governor in Council, the Minister may establish,
maintain, conduct and govern schools for advanced
technical training required in one or more branches
of industry.

(2) For the purjwse of subsection 1 the Minister may
enter into an agreement with any organization
representing one or more branches of industry.

Names of
institutes.

(3) A school providing instruction in one branch of
industry shall be known as a "provincial technical
institute" and in more than one branch of industry
as a "provincial polytechnical institute".

Section 3. By a 1947 amendment, the boards of secondary school
districts, instead of the county, are responsible for the cost of education of
pupils resident in such districts who attend vocational schools elsewhere.
The new subsection establishes the basis upon which the cost shall be com-
puted and levied.

Section 4. The provisions of the Act dealing with provincial technical
schools are re-enacted to bring them into line with present conditions. The
provisions authorizing the establishment of these schools as provincial
technical institutes and provincial polytechnical institutes appear in the new
section 17. The new sections 18 and 19 provide for the conduct and main-
tenance of these schools by boards assisted by advisory councils and
advisory committees. The provision for these advisory bodies is new. New
authorities are given under the new sections 20a, 206 and 20c respecting
regulations, admission of pupils, and courses of study, etc.

(4) The Minister shall designate the name of an institute, j^g^tu't^s.

18. — (1) A provincial technical institute shall be rnain- ^^^^^g*^^^'^^
tained and conducted by a board assisted by an committee.
advisory committee.

(2) The board and advisory committee shall be appointed ment.^^ '
by the Minister.

19. — (1) A provincial polytechnical institute shall be Board,
maintained and conducted bv a board assisted bv, — council and

committee.

(a) an advisory council; and

(b) an advisory committee for each branch of

industry in which training is given at the
institute.

(2) The board, advisory council and advisory com- ment.^'^
mittees shall be appointed b}- the Minister.

20. The cost of establishing and maintaining a provincial Etabi*ishing
technical or polytechnical institute shall be borne ti^nin'g"^
and paid out of moneys appropriated by this Legis- i'^^^i*"*®^-
lature or received from Canada for the purposes of
technical education, and out of moneys contributed
by any organization which has entered into an agree-
ment under subsection 2 of section 17.

20a. The Lieutenant-Governor in Council may make Reguiationp.
regulations with respect to schools established under
this Part, —

(a) for the appointment and composition of boards,
advisory councils and advisory committees
and fixing the number of members thereof;

(b) prescribing,

(i) the duties of boards, advisory councils
or advisory committees, and

(ii) constitutions for advisory councils or
advisory committees;

councils or advisory committees, the manner in
which the meetings are to be called and con-
ducted and the procedure thereat;

(d) for the election or appointment of a chairman
and secretary of boards, advisory councils or
advisory committees, and prescribing their
duties;

(«) authorizing a principal to dtsigiiatc the secre-
tary of a board ;

(J) prescrii)iiiK the qualifications and governing
the appointment of principals and teachers;

(g) prescribing the duties of inspectors, principals,
teachers and pupils;

(h) for the establishment of full-time day courses
of study, special and part-time day courses of
study and evening courses of study, but only
where the approval of the Minister is obtained ;

(i) for the admission of pupils, and prescribing the
terms and conditions of admission ;

(J) classifying persons who may be admitted from
outside Ontario and fixing the amount of fees
payable b\' each class and the manner of
payment;

(k) requiring pupils enrolled in a special or part-
time day course of study or an evening course
of study to pay tuition fees and authorizing
boards to fix the amount thereof and the
manner of pa^im-nt ;

(/) requiring pupils to pay registration and labora-
tory fees and fixing the amount thereof and
the manner of payment; and

(m) for the granting of diplomas and certificates
of standing and prescribing the forms thereof.

Alternative 206. The board of a provincial technical or poK technical

require- mstitute mav accept m lieu of anv diploma or other

ments. . ^' Mir i • '• r

requirement prescribed for admission to a course of

study at the institute, —

(a) such evidence of academic standing or course
of training as the principal and advisory com-
mittee deem equivalent thereto; or

(b) eviiltna*, satisfactory to the principal and

advisory committee, that the applicant for

admission is competent to undertake the
course of study.

20c. The Minister may, for each provincial technical orjeff^f-

Colli SGSf

polytechnical institute, — subjects,

and reference

(a) determine the number of terms and the dates
each term commences and ends; and

(b) prescribe the courses of study, subjects, time

allotments for subjects, text-books and refer-
ence books.

5. This Act shall come into force on the day upon which it ^^^^f^^^t
receives the Royal Assent and shall be deemed to have had

effect on and after the 1st day of January, 1948.

6. This Act may be cited as The Vocational Education Short title.
Amendment Act, 1948.

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No. 85

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Vocational Education Act.

Mr. Drew

TORONTO

Printed and Published by Baptist Johnston

Printer TO the King's Most Excellent Majesty

No. 85 1948

BILL

An Act to amend The Vocational Education Act.

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

1. — (1) Clause a of section 1 of The Vocational Education^^^-^^^*--

^ ' . , C. od9, S. 1,

Act is repealed and the following substituted therefor: ci. a, re-

'^ enacted.

(a) "Board" shall mean a board of education or the "Board".
board of a high school.

(2) Clause b of the said section 1 , as re-enacted by subsection Rev. stat..
1 of section 33 of The School Law Amendment Act, 1945 and ci. b (1945.*
amended by section 1 of The Vocational Education Amend-I^^J^^^^^^
ment Act, 1947, is further amended by adding at the end |^|j:^^^^_
thereof the words "but shall not include pupils residing with
their parents or guardians on land which is exempt from
taxation for school purposes, who and whose parents or guardi-
ans are not assessed for, and do not pay, taxes for school
purposes in a municipality in the county", so that the said
clause shall now read as follows:

(6) "County pupils" shall mean pupils, pupils'*.'^

(i) who reside with their parents or guardians, or

(ii) who or whose parents or guardians are assessed
for an amount equal to the average assessment
of the ratepayers,

Rev. Stat.,
0. 369, a. 1.

enacted" '"^ substituted thcrefor:

(3) Clause c of the said section 1 is repealed and the follow-

"Ilesldent
pupils".

(e) "Resident pupils" shall mean pupils,

(i) who reside with their parents or guardians, or

(ii) who or whose parents or guardians are assessed
for an amount equal to the average assessment
of the ratepayers,

within the limits of a high school district or a grade A
or grade B continuation school district in which a
vocational school is established and maintained, but
shall not include pupils residing with their parents
or guardians on land which is exempt from taxation
for school purposes, who and whose parents or guar-
dians are not assessed for, and do not pay, taxes for
school purposes within the district.

0^*369^*^*** ■■ 2. Sections 3 and 4 and section 5 as amended by section 2
Sf'-P^otvpH of The Vocational Education Amendment Act, 1947, of The

re-enacted. '

Vocational Education Act are repealed and the followmg
substituted therefor:

Establishing

vocational

schools.

Courses of
study.

Admission of
pupils to
vocational
schools.
Rev. Stat.,
c. 360.

Admission to

pre-

vocational

school

courses.

3. Subject to the approval of the Minister, a board may

establish and maintain a vocational school.

4. Subject to the approval of the Minister, a vocational

school under this Part may provide, —

(a) pre- vocational school courses of study;

(6) general full-time day courses of study;

{d) special full-time day courses of study; and

{e) evening courses of study.

5. — (1) Pupils entitled under The High Schools Act to
admission to a day high-school may be admitted to
any vocational school under this Part.

(2) Upon the reconmiendation of the vocational-school
principal and with the approval of the advisory
committee, pupils who have successfully completed
grade VII at a public or separate school may be
admitted to any pre-vocational school course of study
at a vocational school.

(3) Subject to the regulations, pupils of thirteen years of ^^^/^^'jJPq^^'
age and over, who have been in attendance in auxiliary
auxiliary classes, or who are eligible for admission

(4) Where the vocational-school principal is satisfied that adJits^^°" °^
an adult is competent to receive instruction, the

adult may, without regard to his school standing, be
admitted, —

(a) to a special full-time day course of study;

(b) to a part-time day course of study; or

(5) Except with the consent of the Minister, a pupil ^n^admVss?on
enrolled in a full-time day course of studv shall not ^^ evening

" coursGS

be admitted to an evening course of stud>-.

(6) Where a pupil has,— fTom'p're-

vocational
courses.

(a) attended pre-vocational school classes in a

vocational school for at least one year; and

(b) made progress in his course of study satis-

factory to the principal,

he may, upon the recommendation of the principal
and with the approval of the Director of Vocational
Education, transfer to any other course of study in
the vocational school.

(7) Where a pupil has the right under this Act to attend, — ^ees.

(a) general or special full-time day courses of
study; or

(b) part-time day courses of study for appren-

tices under The Apprenticeship Act, or for^ev. stat..
adolescents under section 5 of The Adolescent B.ev. stat..
School Attendance Act, ^' ^^^'

he shall be exempt from the payment of fees.

(8) Notwithstanding subsection 7, where a pupil, — pISiS®^

(fl) has completed grade VIII at a public or
separate school; and

(6) has attended a high or vocational school or
collegiate institute or grade A or grade B con-
tinuation school, for at least six years,

he shall not be admitted to a vocational school
except upon the payment of such fees as the board
may prescribe but not exceeding the average cost per
pupil for education in that vocational school.

3. Section 13 of The Vocational Education Act is amended

Rev. Stat.,
C. 369. 8. 13.

amended. by adding thereto the following subsection:

Cost of

pupils from

other

secondary

school

districts.

Rev. Stat.,
c. 360.

Rev. Stat.,
o. 369.
Part II.

re-enacted.

4. Part II of The Vocational Education Act, as amended by
section 35 of The School Law Amendment Act, 1945, is repealed
and the following substituted therefor:

PART II.

PROVINCIAL TECHNICAL AND POLYTECHNICAL
INSTITUTES.

Establishing
institutes.

Agreements.

(2) For the purpose of subsection 1 the Minister may
enter into an agreement with any organization
representing one or more branches of industry.

Names of
institutes.

(3) A school providing instruction in one branch of
industry shall be known as a "provincial technical
institute" and in more than one branch of industry
as a "provincial polytechnical institute".

(4) The Minister shall designate the name of an institute. i^stTtut^s.

18. — (1) A provincial technical institute shall be main- ^^^^g*^^^'^'*
tained and conducted by a board assisted by an committee.
advisory committee.

(2) The board and advisory committee shall be appointed ment.^'^ '
by the Minister.

19. — (1) A provincial polytechnical institute shall be Board,

. . t- J ^ advisory

maintained and conducted bv a board assisted by, — council and

committee.

(a) an advisory council ; and

(b) an advisory committee for each branch of

industry in which training is given at the
institute.

(2) The board, advisory council and advisory com- ment.'"^ '
mittees shall be appointed by the Minister.

20. The cost of establishing and maintaining a provincial ^stabi*ishing
technical or polytechnical institute shall be borne t^nin'g ^"'
and paid out of moneys appropriated by this Legis- i"^*^*"*®^-
lature or received from Canada for the purposes of
technical education, and out of moneys contributed
by any organization which has entered into an agree-
ment under subsection 2 of section 17.

20a. The Lieutenant-Governor in Council may make Regulations,
regulations with respect to schools established under
this Part, —

(a) for the appointment and composition of boards>
advisory councils and advisory committees
and fixing the number of members thereof;

(b) prescribing,

(i) the duties of boards, advisory council
or advisory committees, and

(ii) constitutions for advisor}- councils or
advisory committees;

councils or advisory committees, the manner in
which the meetings are to be called and con-
ducted and the procedure thereat;

(d) for the election or appointment of a chairman
and secretary of boards, advisory councils or
advisory committees, and prescribing their
duties;

(«) authorizing a principal to designate the secre-
tary of a board ;

(J) prescribing the qualifications and governing
the appointment of principals and teachers;

(g) prescribing the duties of inspectors, principals,
teachers and pupils;

(h) for the establishment of full-time day courses
of study, special and part-time day courses of
study and evening courses of study, but only
where the approval of the Minister is obtained ;

(i) for the admission of pupils, and prescribing the
terms and conditions of admission ;

(J) classifying persons who may be admitted from
outside Ontario and fixing the amount of fees
payable by each class and the manner of
payment;

(/) requiring pupils to pay registration and labora-
tory fees and fixing the amount thereof and
the manner of payment; and

(m) for the granting of diplomas and certificates
of standing and prescribing the forms thereof.

Alternative 206. The board of a provincial technical or pohtechnical

admission — . . • ,• r i- • ,

require- institute may accept in lieu of any diploma or other

requirement prescribed for admission to a course of
study at the institute, —

(a) such evidence of academic standing or course
of training as the principal and advisory com-
mittee deem equivalent thereto; or

(b) evidence, satisfactory to the principal and
advisory committee, that the applicant for

ments.

admission is competent to undertake the
course of study.

20r. The Minister mav, for each provincial technical or Terms.

. .- ^ courses,

polvtechnical mstitute, — subjects,

text-books
and reference

(a) determine the number of terms and the dates °° ^"
each term commences and ends; and

ib) prescribe the courses of study, subjects, time
allotments for subjects, text-books and refer-
ence books.

5. This Act shall come into force on the day upon which it ^^"Y^f'A ^t
receives the Royal Assent and shall be deemed to have had

effect on and after the 1st day of January, 1948.

6. This Act may be cited as The Vocational Education ^^o^^ ^^^^^^
Amendment Act, 1948.

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No. 86

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

The Change of Name Act, 1948.

Mr. Blackwell

TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty

Explanatory Notes

This Bill is a revision of The Change of Name Act, J 939, with certain
changes in principle and new provisions. These are as follows:

1. Under subsection 1 of section 2 a woman whose marriage has been
dissolved may revert to her maiden name without making application
under this Act.

2. Subsection 3 of section 2 permits a person who eflfected a change of
name prior to the date of coming into force of The Change of Name Act,
1939, to obtain confirmation of the change under this Act.

3. Under the present Act where a married man, a widower or a widow
applies for a change of name he must also apply for a change of the names
of his wife, if any, and all unmarried infant children. Under sections
4 and 5 where the application is for a change of surname the applicant
must apply for a change of the surname of his wife, if any, and all un-
married infant children, and in addition such a person may apply for a
change of the given names of such persons.

4. By section 6, a person whose marriage has been dissolved is author-
ized to make a representative application for a change of the names of
the children of whom he or she has lawful custody, on consent of the other
parent. Also a divorced woman who re-marries may make such an appli-
cation, on the consent of her husband.

5. Section 7 permits an application by an unmarried mother or a
widowed mother who marries to change the surname of her unmarried
infant children to her surname on marriage. Children legitimated by the
subsequent intermarriage of their parents are provided for in The Vital
Statistics Act, 1948.

6. Section 8 permits a woman who is deserted by her husband to
apply for a change of name for herself and also on behalf of her unmarried
infant children.

7. Subsection 1 of section 9 provides for the requirement of consent
by persons whose names are to be changed. This is not a new principle.
Subsection 2 of section 9 provides for the consents required under sub-
sections 3 and 4 of section 6, section 7 and section 8.

8. Section 11 permits a judge to dispose of the provision requiring
one year's residence in the county or district in which the application is
made.

9. Clause h of subsection 1 of section 12 is new and is complemented
by the provisions of subsection 3 of the same section, the addition of
clause h of section 14 and the addition of section 18.

10. Sections 17, 19, 20, 21 and 22 are the former sections 9, 10, 11
and 12, re-enacted to accord with The Vital Statistics Act, 1948.

No. 86 1948

BILL

The Change of Name Act, 1948.

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

1. In this Act,- JaS-

(a) "applicant" shall mean a person applying for a "applicant'
change of name under this Act;

(b) "application" shall mean an application for a change ^-qP?,'?®*'

of name under this Act;

tion, substitution, addition or abandonment;

(d) "child" shall include a child adopted under the pro- r j^'^*stat
visions of The Adoption Act; c. 218. '

(e) "given name" shall include Christian name and bap-n||J|M.

tismal name;

(/) "name" shall include given name and surname; "name";

(g) "Registrar-General" shall mean Registrar-General oenersfr^'^"
under The Vital Statistics Act, 1948; and i94,s, c. 00.

(h) "surname" shall include family name and patro- "surname",
nymic. 1939, c. 6, s. 1, amended.

2. — (1) Except in the case of a change of surname by a ^^^p^^^^.^''^
woman upon her marriage to that of her husband, or the
adoption of her maiden name by a woman upon dissolution
of her marriage, and subject to section 12 of The Vital Statis-
tics Act, 1948 and section 6 of The Adoption Act, no person Rev. stat..
shall change his name except under this Act.

(2) Nothing herein contained shall be deemed to affect any Saving.
change of name effected under any right which existed at law
prior to the 26th day of June, 1939. 1939, c. 6, s. 13, amended.

Applieitlon
where name
chdtiged
prior to
June 26,
1939.

(3) Any British subject by birth or by naturalization of
the full age of twenty-one years who effected a change of
name in Ontario under any right which existed at law prior
to the 26th day of June, 1939, may make an application under
this Act to change his name from the name he bore prior to the
change to the name he bears as a result of the change, as though
the change had not been effected. New.

Applicant to
be British
subject 21
years of age.

3. — (1) Every applicant shall be a British subject by birth
or naturalization of the full age of twenty-one years.

Application. (2) Any person except a married woman may make an
application. 1939, c. 6, s. 2 (1), amended.

Application 4. — (1) Where a married man applies for a change of his
man. surname, he shall also apply for a change of the surnames of

his wife and of all of his or their unmarried infant children.

1939, c. 6, s. 2 (2), amended.

Idem. (2) A married man may apply for a change of the given

names of his wife and any or all of his or their unmarried
infant children. New.

b*^ widower ^' — ^^^ Where a widower or widow applies for a change of
or widow. surname, he or she shall also apply for a change of the sur-
name of all of his or her unmarried infant children. 1939,
c. 6, s. 2 (3), amended.

Idem. (2) A widower or widow may apply for a change of the

given name or names of any or all of his or her unmarried
infant children. New.

by divorced ®- — (1) ^ person whosc marriage has been dissolved may
Cehaif of" mal<e an application for a change of the name or names of
children. any or all of his unmarried infant children of whom he has
lawful custodw

Proof
required.

(2) An application under this section shall be accompanied
by such proof that the marriage has been dissolved and that
the applicant has lawful custody of the children named in
the application, as the judge may require.

other^"* ^^ (^) ^^ application under this section shall be granted un-
parent. i^gg x.\\e Other parent, if living, of the child or children is

served with notice of the application and consents to the

change of name.

A ppiioation
by divorced
woman who
re-marries.

(4) Notwithstanding subsection 2 of section 3, a woman
whose marriage has been dissolved and who re-marries may
apply under this section for a change of the surname of her
child or children to her surname on re-marriage, but no such

application shall be granted unless her husband, if living,
consents. New.

7. Notwithstanding subsection 2 of section 3, an unmarried -^PP''cation

^ .by mother

mother who marries, or a widowed mother who re-marnes, in certain
may make an application, with the consent of her husband, stances,
if living, for a change of the surname of her unmarried infant
children, not being her husband's children, so that their
surname shall be her surname by marriage. New.

8. Notwithstanding subsection 2 of section 3, a married ^P^'^^^j^^^JJ
woman who is deserted by her husband ma\' apply for a change '^'f^-

of name, and where she applies for a change of surname she
may also apply for a change of the name or names of any or
ail of her unmarried infant children of whom she has custody,
but no such application shall be granted unless her husband
is served with notice of the application and consents to the
change of name. New.

9. — (1) Where an application includes an application for a consent of
change of the name of the wife of the applicant or of any un- children.
married infant children of the age of fourteen years or over,
the consent in writing of all of such persons shall be obtained,
and all of such persons shall appear upon the hearing of the
application, provided that where a wife has, in the opinion
of the judge, been living apart from her husband for a period
of five years immediately prior to the application, the judge
may hear the application in her absence and without her
consent, in which case no change of her name shall be effected.
1939, c. 6, s. 2 (4), amended.

(2) Where, on an application, the consent of any person is Consent of
required under subsection 3 or 4 of section 6, section 7 or or husban^d.
section 8, the consent in writing of all of such persons shall
be obtained, and all of such persons shall appear upon the
hearing of the application, provided that on an application
under section 8 where, in the opinion of the judge, a husband
has deserted his wife and is not contributing to the support
of his wife or the children on whose behalf the application is
made, the judge may hear the application in his absence and
without his consent. New.

10. — (1) Every application shall be made to a judge of ^ppiJcation
the county or district court of the county or district in which
the applicant has resided for a period of one year immediately
prior to the making of such application, and shall be heard
at such time and place as the judge may appoint in writing.
1939, c. 6, s. 3 (1); 1940, c. 3, s. 1 (1).

(2) Where the judge who has appointed a time and place where judge
for the hearing of the application becomes ill or dies or forhear'ap-"

lication.

Application
where
applicant
has not
resided in
county or
district for
one year.

any other reason is unable to hear the application at the
time and place so appointed, the application may be heard
by another judge of the same county or district court or by
any judge who may for the time being be acting as a judge
of such court. 1940, c. 3, s. 1 (2).

11. — (1) Notwithstanding the provisions of subsection 1
of section 10, the applicant may apply to a judge of the
county or district court in the county or district in which he
resides for authority to make application without having
resided in such county or district for a period of one year
mmediately prior to such application.

aufhori'ze^ (2) The judge shall inquire into the circumstances and if
he is satisfied that the applicant would otherwise suffer
hardship, he may make an order authorizing the applicant
to make application forthwith and such order shall suffice in
the stead of the affidavit required by subsection 2 of section 12
in so far as such affidavit refers to residence.

May require
additional
notice of
application
to be
published.

Particulars
of applica-
tion.

(3) The judge may in the order require the applicant to
publish, in addition to the notice required by subsection 1 of
section 13, such additional notice in such counties or districts
as he deems necessary, and an affidavit as to publication of
such additional notice shall accompany the application for a
change of name. New.

12. — (1) Every application shall set forth, —

(a) the address and date and place of birth of the ap-
plicant;

{b) where the applicant is a married man, the maiden
name in full of his wife, and the date and place of
marriage;

{d) the maiden name in full of his mother, and where the
applicant is a married man, the maiden name in full
of his wife's mother;

(e) that he is a British subject by birth or naturalization
as the case may be;

(/) his occupation, profession or calling;

(g) whether he has been convicted of a criminal offence
and the particulars of any such offence;

(h) a statement containing full particulars of any judg-
ment or action pending against him, or any chattel
mortgage, lien or other registered encumbrance
against his personal property, or if none, a statement
to that effect;

(i) the name proposed to be adopted;

(J) a statement containing full particulars of any change
of name effected previously, or if none, a statement
to that effect;

(k) the names, ages and other similar particulars with
respect to all other persons whose names may be
changed as a result of the application; and

(/) a statement of the reasons for desiring the change
of name. 1939, c. 6, s. 4 (1), amended.

2) Every application shall be accompanied by an affidavit Application
of the applicant deposmg, — companied

^^ ^ '' by affidavit.

(a) that he has resided in the county or district in which
the application is made for a period of not less than
one year immediately prior to the making of the
application ;

(b) that the statements contained in the application are

true; and

faith and for no improper purpose. 1939, c. 6, s. 4
(2); 1940, c. 3, s. 2.

(3) Every application shall be accompanied by, — as*to^°^**

executions
and bank-

(a) a certificate of the sheriff of the county or district in ruptcy.
which the application is made, and of every other
county or district the judge may direct, as to the
existence of any unsatisfied executions in his hands
against the property of each person of the full age

of twenty-one years whose name may be changed
as a result of the application; and

(b) a certificate of the Registrar in Bankruptcy as to the

appearance in the index book kept pursuant to sub-

section 3 of section 28 of the Bankruptcy Act (Can-
ada) of the name of each person of the full age of
twenty-one years whose name may be changed as a
result of the application. New.

R.S.C.
c. 11.

Notice of 13. — (1) Every applicant shall publish once in the Ontario

application. _, , •' ^^ i r i • i •

Uazette and once a week for three consecutive weeks in a
newspaper having general circulation in the locality in which
he resides, a notice of the application stating the name and
address and proposed name of every person whose name may
be changed as a result of the application, and the time and
place of the hearing of the application.

application ^^^ ^° application shall be heard until the expiration of
fourteen days after the date of the last publication of the
notice. 1939, c. 6, s. 5, amended.

J^°°""5f"is 14, Every applicant shall file with the clerk of the court

to be filed. . • , . , , '^\. . . ,

in^which the application is made, —

(a) the application with the affidavit referred to in sub-
section 2 of section 12, in duplicate;

(b) all certificates required under subsection 3 of section

12;

plication;

(d) the appointment for the hearing; and

(e) if the applicant is a British subject by naturalization,

a notarial copy of his naturalization certificate. 1939,
c. 6, s. 6; 1940, c. 3, s. 3, amended.

Hearing. 15. — (1) At the hearing the judge may require the appli-

cant, any person whose name may be changed as a result of
the application or any other person appearing on the hearing,
to give evidence under oath arid may examine or cross-
examine any such person or permit any such person to be
examined or cross-examined.

Objections. (2) Any person who objects to a change of name and any
person who desires to furnish the court with any information
regarding the application or any circumstances connected
therewith, may appear upon the hearing of the application and
shall be heard. 1939, c. 6, s. 7 (1, 2), amended.

RefuBal of
application.

16. — (1) Where the judge is of opinion that the name which
the applicant seeks to adopt is the same as the name of any
other person or resembles the name of any other person to
such an extent that the change applied for might reasonably
cause mistake or confusion, or be a cause of embarrassment or
inconvenience to such person, or that the change of name is
sought for any improper purpose or is on any other ground
objectionable or that the application should be refused for

any other reason, he shall refuse the application. 1939, c. 6,

s. 7 (3).

(2) Where the judge, upon consideration of the application, ojant^^f^of
the material filed and any other evidence adduced, is of
opinion that the application should be granted, he may make

an order effecting the change of name.

(3) An order made under this section may provide for such ^^^p® "'"
changes of names as the court may deem proper having regard

to the nature of the application, the relationship and status
of other persons mentioned in the application and all other
relevant circumstances and every such order shall have effect
according to the tenor thereof. 1939, c. 6, s. 8, amended.

17. The clerk of the court shall enter the order and transmit ^o^py to*^
a certified copy of the order, together with a duplicate original Q^ggraf^'
of the application and of the verifying affidavit, to the
Registrar-General. 1939, c. 6, s. 9 (1), amended.

18.— (1) The clerk of the court shall send to the appro- Not^i^e^of
priate sheriff or court clerk full particulars of the order made etc sent'
and of any judgment, pending action, chattel mortgage, lien or clerk,
or other registered encumbrance shown upon the application.

(2) Such sheriff or court clerk shall enter and re-index idem,
such judgment, pending action, chattel mortgage, lien or
other registered encumbrance under the name as changed.

New.

19. Any person may, upon payment of the prescribed ^^e, P|^*^^^*®^
obtain from the clerk of the court in which the order was applicants,
made a certificate of any order effecting a change of name,

and such certificate shall for all purposes be conclusive evi-
dence of its contents. 1939, c. 6, s. 10, amended.

20. Subject to the provisions of The Vital Statistics ^c/.ff"^!^*""^'^
1948, without restricting the effect which a change of name ^o^^^ents
may have at law, any person whose name has been changed "
under this Act shall, upon production of a certificate obtained

under section 19 and upon satisfactory proof of identity, be
entitled to have a memorandum of the change of name en-
dorsed on any record, certificate, instrument, document, con-
tract or writing, whether public or private, upon payment of
such fee as may be prescribed therefor by or under any
statute. 1939, c. 6, s. 11, amended.

21. — (1) Any person who has reason to believe that any Application
order effecting a change of name has been obtained by fraud ment'^'^"'"
or misrepresentation or for an improper purpose may apply
to a judge of the county or district court in which such order
was made for an annulment of the order.

Affidavit

giving

reasons.

(2) Every application for an annulment shall be accom-
panied by an affidavit of the person making the application
in which his reasons for believing that such order was ob-
tained by fraud or misrepresentation or for any improper
purpose shall be set forth.

Hearing of
application.

(3) The judge may refuse such application without hearing
further representations or evidence or may direct that the
person applying for the annulment and any other persons
shall be heard at such time and place as the court may deter-
mine artd that notice of the hearing shall be given to such
persons and in such manner as the court may direct.

Annulment
of order.

(4) If the judge is satisfied that the order was obtained by
fraud or misrepresentation or for an improper purpose, he
may order the annulment of the order in whole or in part.
1939, c. 6, s. 12 (1-4).

Clerk to
note annul-
ment.

(5) The clerk of the court shall endorse a memorandum of
such annulling order upon the entry of the order annulled in
whole or in part and shall send a certified copy of the annulling
order to the Registrar-General, and where appropriate by
reason of the provisions of section 18, to the proper sheriff or
clerk of the court who shall amend his records in accordance
with the order. 1939, c. 6, s. 12 (5), amended.

Where
change
of name
annulled.

(6) Where a change of name has been annulled, the Regis-
trar-General may by order require any person to whom a
certificate has been issued under the provisions of section 19,
to forthwith deliver up the certificate and any person who
refuses or neglects to comply with such order shall be guilty
of an offence and liable to a penalty not exceeding $100 and
in default of payment to imprisonment for a period not ex-
ceeding three months. 1939, c. 6, s. 12 (7), amended.

Fraud or
misrepre-
sentation.

22.— (1) Any person who by fraud or misrepresentation
obtains a change of name under the provisions of this Act
shall be guilty of an offence and liable to a penalty not ex-
ceeding $500 or to imprisonment for a term not exceeding
six months. 1939, c. 6, s. 12 (8).

of^penalty. ^^^ ^^^ penalties imposed by this Act shall be recoverable
under The Summary Convictions Ad. 1939, c. 6, s. 12 (9),
0. 136. amended.

Regulations. 23. The Lieutenant-Governor in Council may make regu-
lations,—

(a) prescribing forms of applications, affidavits and cer-
tificates;

(b) prescribing the fees payable upon any application

and upon any certificate, search or other matter re-
quired or permitted to be given or done under this
Act and to whom such fees shall be payable;

tion or part of such fee where the application is re-
fused; and

(d) generally for the better carrying out of the provisions

of this Act. 1939, c. 6, s. 14.

24. The Change of Name Act, 1939, and The Change o/i|39. c. 6;
Name Amendment Act, 1940, are repealed. repealed. '

25. This Act shall come into force on a day to be named by Commence-
the Lieutenant-Governor by his Proclamation.

26. This Act mav be cited as The Change of Name .4c/, Short title.
1948.

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No. 86

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

The Change of Name Act, 1948.

Mr. Blackwell

TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty

No. 86 1948

BILL

The Change of Name Act, 1948.

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

1. In this Act,- L"tS!l-

(a) "applicant" means a person applying for a change of "applicant";
name under this Act;

(b) "application" means an application for a change of j.j^P?.'!°*"
name under this Act;

substitution, addition or abandonment;

(d) "child" includes a child adopted under the provisions ^^^^gj.^^
of The Adoption Act; c. Jis.

(e) "given name" includes Christian name and baptismal ^IJJJqH.

name;

(/) "name" includes given name and surname; "name";

(g) "Registrar-General" means Registrar-General under G^nera*^^'^"
The Vital Statistics Act, 1948; and j94g_ ^ oo.

{h) "surname" includes family name and patronymic, "surname".
1939, c. 6, s. 1, amended.

2. — (1) Except in the case of a change of surname by a Compliance

1 • 1 riiii 1 with Act.

woman upon her marriage to that of her husband, or the
adoption of her maiden name by a woman upon dissolution
of her marriage, and subject to section 12 of The Vital Statis-
tics Act, 1948 and section 6 of The Adoption Act, no person Rev. stat.,
shall change his name except under this Act.

(2) Nothing herein contained shall be deemed to affect any saving.
change of name effected under any right which existed at law
prior to the 26th day of June, 1939. 1939, c. 6, s. 13, amended.

where name
changed
prior to
June 26,
1939.

(3) Any British subject by birth or by naturaHzation of
the full age of twenty-one years who effected a change of
name in Ontario under any right which existed at law prior
to the 26th day of June, 1939, may make an application under
this Act to change his name from the name he bore prior to the
change to the name he bears as a result of the change, as though
the change had not been effected. New.

3. — (1) Every applicant shall be a British subject by birth

Applicant to

be British _ . . .

yearfl°of\^ge '^^ naturalization of the full age of twenty-one years.

Application. (2) Any person except a married woman may make an
application. 1939, c. 6, s. 2 (1), amended.

Application 4. — (1) Where a married man applies for a change of his
man. surname, he shall also apply for a change of the surnames of

his wife and of all of his or their unmarried infant children.

1939, c. 6, s. 2 (2), amended.

Idem.

(2) A married man may apply for a change of the given
names of his wife and any or all of his or their unmarried
infant children. New.

by widower ^- — ^^^ Where a widower or widow applies for a change of
or widow. surname, he or she shall also apply for a change of the sur-
name of all of his or her unmarried infant children. 1939,
c. 6, s. 2 (3), amended.

Idem. (2) A widower or widow may apply for a change of the

given name or names of any or all of his or her unmarried
infant children. New.

by dVvorced ^- — (1) ^ person whose marriage has been dissolved may
Se^aif of" make an application for a change of the name or names of
children. any or all of his unmarried infant children of whom he has
lawful custody.

Proof
required.

other*"* "'^ (>') ^^ application under this section shall be granted un-
parent. iggs the Other parent, if living, of the child or children is

served with notice of the application and consents to the

change of name.

Application (4) Notwithstanding subsection 2 of section 3, a woman

woman who whose marriage has been dissolved and who re-marries may

apph" under this section for a change of the surname of her

child or children to her surname on re-marriage, but no such

application shall be granted unless her husband, if living,
consents. New.

7. Notwithstanding subsection 2 of section 3, an unmarried APP''°?i!^^°°

, oy motner

mother who marries, or a widowed mother who re-marnes, in certain
may make an application, with the consent of her husband, stances.
if living, for a change of the surname of her unmarried infant
children, not being her husband's children, so that their
surname shall be her surname by marriage. New.

8. Notwithstanding subsection 2 of section 3, a married -^pp'^^|*^o°
woman who is deserted by her husband may apply for a change wife.

of name, and where she applies for a change of surname she
may also apply for a change of the name or names of any or
all of her unmarried infant children of whom she has custody,
but no such application shall be granted unless her husband
is served with notice of the application and consents to the
change of name. New.

9. — (1) Where an application includes an application for a Consent of
change of the name of the wife of the applicant or of any un- children.
married infant children of the age of fourteen years or over,
the consent in writing of all of such persons shall be obtained,
and all of such persons shall appear upon the hearing of the
application, provided that where a wife has, in the opinion
of the judge, been living apart from her husband for a period
of five years immediately prior to the application, the judge
may hear the application in her absence and without her
consent, in which case no change of her name shall be effected.
1939, c. 6, s. 2 (4), amended.

(2) Where, on an application, the consent of any person is consent of
required under subsection 3 or 4 of section 6, section 7 or or husband,
section 8, the consent in writing of all of such persons shall
be obtained, and all of such persons shall appear upon the
hearing of the application, provided that on an application
under section 8 where, in the opinion of the judge, a husband
has deserted his wife and is not contributing to the support
of his wife or the children on whose behalf the application is
made, the judge may hear the application in his absence and
without his consent. New.

10. — (1) Every application shall be made to a judge of Application
the county or district court of the county or district in which
the applicant has resided for a period of one year immediately
prior to the making of such application, and shall be heard
at such time and place as the judge may appoint in writing.
1939, c. 6, s. 3 (1); 1940, c. 3, s. 1 (1).

(2) Where the judge who has appointed a time and place where judge
for the hearing of the application becomes ill or dies or for hear ^p-°

lication.

Application
where
applicant
has not
resided in
county or
district for
one year.

Judge may
authorize.

(2) The judge shall inquire into the circumstances and if
he is satisfied that the applicant would otherwise suffer
hardship, he may make an order authorizing the applicant
to make application forthwith and such order shall suffice in
the stead of the affidavit required by subsection 2 of section 12
in so far as such affidavit refers to residence.

May require
additional
notice of
application
to be
published.

Particulars
of applica-
tion.

12. — (1) Every application shall set forth, —

(a) the address and date and place of birth of the ap-
plicant;

(&) where the applicant is a married man, the maiden
name in full of his wife, and the date and place of
marriage ;

{d) the maiden name in full of his mother, and where the
applicant is a married man, the maiden name in full
of his wife's mother;

(J) his occupation, profession or calling;

ig) whether he has been convicted of a criminal offence
and the particulars of any such offence;

(i) the name proposed to be adopted;

(J) a statement containing full particulars of any change
of name effected previously, or if none, a statement
to that effect;

(k) the names, ages and other similar particulars with
respect to all other persons whose names may be
changed as a result of the application; and

(l) a statement of the reasons for desiring the change
of name. 1939, c. 6, s. 4 (1), amended.

(2) Every application shall be accompanied by an afifidavit Application

, tO D0 3.0"*

of th& applicant deposmg, — companied

t^^ t^ ^' by affidavit.

(a) that he has resided in the county or district in which
the application is made for a period of not less than
one year immediately prior to the making of the
application ;

{b) that the statements contained in the application are
true; and

(c) that the application is made by the applicant in good
faith and for no improper purpose. 1939, c. 6, s. 4
(2); 1940, c. 3, s. 2.

(3) Every application shall be accompanied by, — as^to^^^*®

executions
and bank-

of twenty-one years whose name may be changed
as a result of the application; and

(b) a certificate of the Registrar in Bankruptcy as to the

appearance in the index book kept pursuant to sub-
section 3 of section 28 of the Bankruptcy Act (Can-^fj^*
ada) of the name of each person of the full age of
twenty-one years whose name may be changed as a ^

result of the application. New.

Notice of
application.

Time of
application.

13. — (1) Every applicant shall publish once in the Ontario
Gazette and once a week for three consecutive weeks in a
newspaper having general circulation in the locality in which
he resides, a notice of the application stating the name and
address and proposed name of every person whose name may
be changed as a result of the application, and the time and
place of the hearing of the application.

(2) No application shall be heard until the expiration of
fourteen days after the date of the last publication of the
notice. 1939, c. 6, s. 5, amended.

poouraents 14. Every applicant shall file with the clerk of the court
in which the application is made, —

(a) the application with the affidavit referred to in sub-
section 2 of section 12, in duplicate;

(6) all certificates required under subsection 3 of section
12;

{d) the appointment for the hearing; and

(e) if the applicant is a British subject by naturalization,
a notarial copy of his naturalization certificate. 1939,
c. 6, s. 6; 1940, c. 3, s. 3, amended.

Hearing. 15. — (1) At the hearing the judge may require the appli-

cant, any person whose name may be changed as a result of
the application or any other person appearing on the hearing,
to give evidence under oath and may examine or cross-
examine any such person or permit any such person to be
examined or cross-examined.

Objections. (2) Any person who objects to a change of name and any
person who desires to furnish the court with any information
regarding the application or any circumstances connected
therewith, may apF>ear upon the hearing of the application and
shall be heard. 1939, c. 6, s. 7 (1, 2), amended.

Refusal of
application.

any other reason, he shall refuse the application. 1939, c. 6,

s. 7 (3).

(2) Where the judge, upon consideration of the application, Jp'"p"*a'tfon'
the material filed and any other evidence adduced, is of
opinion that the application should be granted, he may make

an order effecting the change of name.

(3) An order made under this section may provide for such orden °^
changes of names as the court may deem proper having regard

17. The clerk of the court shall enter the order and transmit ^o®py to*^
a certified copy of the order, together with a duplicate original Q^^^^r^f '"'
of the application and of the verifying affidavit, to the
Registrar-General. 1939, c. 6, s. 9 (1), amended.

18. — (1) The clerk of the court shall send to the appro- Notice of

. . . - , judgment,

priate sheriff or court clerk full particulars of the order made etc.. sent

and of any judgment, pending action, chattel mortgage, lien or clerk.

or other registered encumbrance shown upon the application.

(2) Such sheriff or court clerk shall enter and re-index idem,
such judgment, pending action, chattel mortgage, lien or
other registered encumbrance under the name as changed.

New.

19. Any person may, upon payment of the prescribed fee, j^gue'd °o*^^
obtain from the clerk of the court in which the order was applicants.
made a certificate of any order effecting a change of name,

and such certificate shall for all purposes be conclusive evi-
dence of its contents. 1939, c. 6, s. 10, amended.

20. Subject to the provisions of The Vital Statistics ^c/, ^^^^*^*""°''
1948, without restricting the effect which a change of name
may have at law, any person whose name has been changed
under this Act shall, upon production of a certificate obtained
under section 19 and upon satisfactory proof of identity, be
entitled to have a memorandum of the change of name en-
dorsed on any record, certificate, instrument, document, con-
tract or writing, whether public or private, upon payment of

such fee as may be prescribed therefor by or under any
statute. 1939, c. 6, s. 11, amended.

21. — (1) Any person who has reason to believe that any Application
order effecting a change of name has been obtained by fraud ment'!°"^"
or misrepresentation or for an improper purpose may apply
to a judge of the county or district court in which such order
was made for an annulment of the order.

ew
name in
documents.

1948, c. 000.

Affidavit

giving

reasons.

Hearing
applloat!

ion.

Annulment
of order.

(3) The judge may refuse such application without hearing
further representations or evidence or may .direct that the
person applying for the annulment and any other persons
shall be heard at such time and place as the court may deter-
mine and that notice of the hearing shall be given to such
persons and in such manner as the court may direct.

Clerk to
note annul-
ment.

Where
change
of name
annulled.

Fraud or
misrepre-
sentation.

22. — (1) Any person who by fraud or misrepresentation
obtains a change of name under the provisions of this Act
shall be guilty of an offence and liable to a penalty not ex-
ceeding S500 or to imprisonment for a term not exceeding
six months. 1939, c. 6, s. 12 (8).

of^penalty ^^^ '^^^ penalties imposed by this Act shall be recoverable

_ -,^ ^ under The Summary Convictions Act. 1939, c. 6, s. 12 (9),

Rev. otat.. _ _

c. 136. amended.

Regulations. 23. The Lieutenant-Governor in Council may make regu-
lations,—

(a) prescribing forms of applications, affidavits and cer-
tificates;

(b) prescribing the fees payable upon any application

and upon any certificate, search or other matter re-
quired or permitted to be given or done under this
Act and to whom such fees shall be payable;

tion or part of such fee where the application is re-
fused; and

(id) generally for the better carrying out of the provisions
of this Act. 1939, c. 6, s. 14.

24. The Change of Name Act, 1939, and The Change o/l|^^'°-| =
Name Amendment Act, 1940, are repealed. repealed. '

25. This Act shall come into force on a day to be named by Commence-
the Lieutenant-Governor by his Proclamation.

26. This Act may be cited as The Change of Name .(4c/, Short title.
1948.

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No. 87

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Public Vehicle Act.

Mr. Doucett

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most RxrFT.T.FNT Matfstv

Explanatory Notes

Section 1. These amendments exclude taxicabs, as defined, from the
operation of the Act.

Section 2. Subsection 1 of section 4 now reads:

(1) Subject to the provisions of subsection 2, a p)erson holding a
license or permit under the provisions of this Act may operate his
vehicle in and through any municipality covered by such license
or permit without holding a license under the provisions of any
by-law of any such municipality except where he takes on pas-
sengers or express freight within the limits of a municipality and
discharges such passengers or express freight within the limits of
that municipality.

The provision for requiring a licensee or permittee under the Act to
hold a municipal license is limited ^ly the amendment to an urban muni-
cipality.

Xo. 87 1948

BILL

An Act to amend The Public Vehicle Act.

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

1.— (1) Clause c of section 1 of The Public Vehicle Actf^28^^^&^i,
is amended by inserting after the word "rails" in the seventh ^j;^^',^^^^
line the word "taxicabs," so that the said clause shall now^ read
as follows:

"Public

(c) "Public vehicle" shall mean any motor vehicle vehicle",
operated on a highway by, for, or on behalf of any
person who receives compensation either directly or
indirectly for the transportation of passengers, or
passengers and express freight which might be carried
in a passenger vehicle, but shall not include the cars
of electric or steam railways running only upon rails,
taxicabs, nor motor vehicles operated solely within
the corporate limits of one urban municipality.

(2) The said section 1 is further amended by adding thereto Rex- st^t

the followmg clause: amended.

{cc) "Taxicab" shall mean a motor vehicle as defined in "Taxicab".
The Highway Traffic Act, having a seating capacity ^^e^. Stat.,
of not more than six persons, exclusive of the driver,
hired for one specific trip for the transportation
exclusively of one person or group of persons, one
fare or charge onl}' being collected or made for the
trip.

2. Subsection 1 of section 4 of The Pi blic Vehicle Act^^2ii'^^^'^
is repealed and the following substituted therefor: ^n'^^^t^i'^^

(1) Subject to subsections la and 2, a person holding a Municipal

.. -i J ^u* A .1. ^ L- license and

license or permit under this Act may operate his fares, — when
vehicle in and through any municipality covered by "bL?^^^'^'
such license or permit without holding a license or

complying with the rates or fares prescribed under
any by-law of any such municipality.

when (Ifl) Where such a person takes on passengers or express

freight within the limits of an urban municipality
and discharges such passengers or express freight
within the limits of that municipality, he may be
required to obtain a license under a by-law of that
municipality and shall, as to such passengers and
express freight, comply with any tariff of fares or
rates established by by-law of that municipality.

menVoTAct ^' ^^'^ ^^^ shaU come into force on the day upon which it
receives the Royal Assent.

Short title. 4. 'j'j^jg ^j,^. p^^^y ^ cited as The Public Vehicle Amendment
Act, 1948.

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iblic Vehicle Act.

No. 87

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Public Vehicle Act.

Mr. Doucett

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

i\o. 87 • 1948

BILL

An Act to amend The Public Vehicle Act.

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

1.— (1) Clause c of section 1 of The Public Vehicle Act'^^:,^,^}'^^^
is amended by inserting after the word "rails" in the seventh ^'jj^^-j^^jg^j
line the word "taxicabs," so that the said clause shall now read
as follows:

(c) "Public vehicle" shall mean any motor vehicle vehicle"
operated on a highway by, for, or on behalf of any
person who receives compensation either directly or
indirectly for the transportation of passengers, or
passengers and express freight which might be carried
in a passenger vehicle, but shall not include the cars
of electric or steam railways running only upon rails,
taxicabs, nor motor vehicles operated solely within
the corporate limits of one urban municipality.

(2) The said section 1 is further amended b\ adding thereto ^^„^-„'^*^*'

' c 289 fl 1

the following clause: amended.

(tr) "Taxicab" shall mean a motor vehicle as defined in "Taxicab".
The Highway Traffic Act, having a seating capacity Rev stat.,
of not more than six persons, exclusive of the driver,
hired for one specific trip for the transportation
exclusively of one person or group of persons, one
fare or charge only being collected or made for the
trip.

3. Subsection 1 of section 4 of The Public Vehicle ^^/J^^g/^fV
is repealed and the following substituted therefor: subs i re-'

^ enacted.

(1) Subject to subsections la and 2. a person holding a ?viunicipai
license or permit under this Act may operate hisia^^e^^— ^."i^en
vehicle in and through any municipality covered b\abie!'^'^'^°"
such license or permit without holding a license or

complying with the rates or fares prescribed under
any by-law of an>' such niimici|)alit\'.

when
applioublo.

(la) Where such a person takes on passengers or express
freight within the limits of an urban municipality
and discharges such passengers or express freight
within the limits of that municipality, he may be
required to obtain a license under a by-law of that
municipality and shall, as to such passengers and
express freight, comply with any tariff of fares or
rates established by by-law of that municipality.

ient"o^f"A*ct ^' ''"^is Act shall come into force on the day upon which it
receives the Royal Assent.

Short title. 4 yj^jg ^^^ j^^y j^g cited as The Public Vehicle Amendment
Act, 1948.

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No. 88

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Surveys Act.

Mr. Scott

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note

The subsection as re-enacted is designed to be more practical than the
present provision which in some situations cannot be complied with. It
also provides that survey monuments shall be placed so that their tops are
flush with the ground level in order that there may be less opportunity
of disturbing them.

No. 88 . 1948

BILL

An Act to amend The Surveys Act.

HIS MAJESTY, b}' and with the advice and consent of
the Legislative i\ssembly of the Province of Ontario,
enacts as follows:

1. Subsection 1 of section 13 of The Surveys Act, as amended ^^32^*8^*13
by section 1 of The Surveys Amendment Act, 1941, is repealed subs, i, re- '
and the following substituted therefor:

(1) Every angle of the exterior boundary of a subdivision on^sub^^'^*^
plan of any area of land prepared for the purpose of division
registration under The Registry Act or The Land
Titles Act shall be defined in the survey thereof by a cc. 170, 174.
monument made of, —

(a) stone or reinforced concrete five inches square
at the top, eight inches square at the base
and not less than three feet, six inches in
length, planted so that the top is flush with
the ground level; or

{h) iron in the form of a bar one inch square and
four feet long driven into the ground so that
the top is flush with the ground level; or

(c) in the case of exposed solid rock, iron in the
form of a bolt one inch square and four inches
long cemented or leaded into the rock so that
the top is flush with the rock level,

provided that where the nature of the location is Proviso,
such that it is impracticable to fully comply with this
subsection, the monument shall be so erected and
fixed and of such a type as will represent substantial
compliance therewith.

2. This Act mav be cited as The Surveys Amendment ylc/, short title.
1948.

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No. 88

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Surveys Act.

Mr. Scott

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 88 1948

BILL

An Act to amend The Surveys Act.

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

1. Subsection 1 of section 13 of The Surveys Act, as amended ?'®7Qo^*^*i'o
by section 1 of The Surveys Amendment Act, 1941, is repealed subs, i, re-
and the following substituted therefor:

(1) Every angle of the exterior boundary of a subdivision ^°g'|j"bl'®°*^
plan of any area of land prepared for the purpose of division
registration under The Registry Act or The Land
Titles Act shall be defined in the survey thereof by a cc. iVo, 174.
monument made of, —

{a) stone or reinforced concrete five inches square
at the top, eight inches square at the base
and not less than three feet, six inches in
length, planted so that the top is flush with
the ground level; or

{b) iron in the form of a bar one inch square and
four feet long driven into the ground so that
the top is flush with the ground level; or

(c) in the case of exposed solid rock, iron in the
form of a bolt one inch square and four inches
long cemented or leaded into the rock so that
the top is flush with the rock level,

2. This Act may be cited as The Surveys Amendment Act. short title.
1948.

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No. 89

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Workmen's Compensation Act.

Mr. Begin

TORONTO

Printed and Published by Baptist Johnston
Printer^to the King's Most Excellent Majesty

No. 89 1948

BILL

An Act to amend The Workmen's Compensation

Act.

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

1. Clause a of subsection 1 of section 2 of The Workmen^ s^^^^^^^^^
Compensation Act is amended by striking out the word "seven" subs, i, ci. o,
in the second line and inserting in lieu thereof the word "three",
so that the said clause shall now read as follows:

(a) does not disable the workman for the period of at Exceptions,
least three days from earning full wages at the work
at which he was employed; or

2. Sections 38 and 39 and subsections 1 and 4 of section 40 Rev. stat.,
of The Workmen's Compensation Act, as re-enacted byss.^38,'39;
section 2 of The Workmen's Compensation Amendment Act,^.^^^ -^4^
1942, are amended by striking out the words "sixty-six and ^■^4*^3 2)
two-thirds" where they occur in the third lines of sections 38 amended,
and 39 respectively, in the ninth line of subsection 1 of sec-
tion 40, and in the eighth and ninth lines of subsection 4 of
section 40, and inserting in lieu thereof the word "seventy-
five", so that the said sections and subsections shall now read
as follows:

38. Where temporary total disability results from thecompensa-
injury, the compensation shall be a weekly payment ci°se of

of seventy-five per centum of the workman's average ^^^^^^^^^
weekly earnings during the previous twelve months ^^isabiiity.
if he has been so long employed, but if not then for
any less period during which he has been in the em-
ploy of his employer, and shall be payable so long as
the disability lasts.

39. Where temporary partial disability results from the Temporary
injury, the compensation shall be a weekly payment dfsabHity.

Permanent
disability.

of seventy-five per centum of the diflference between
the average weekly earnings of the workman before
the accident and the average amount which he is
earning or is able to earn in some suitable employ-
ment or business after the accident, and shall be
payable so long as the disability lasts, and subsection
3 of section 40 shall apply.

40. — (1) Where permanent disability results from the
injury, the impairment of earning capacity of the
workman shall be estimated from the nature and
degree of the injury and the compensation shall be
a weekly or other periodical payment during the life-
time of the workman, or such other period as the
Board may fix, of a sum proportionate to such
impairment not exceeding in any case the like pro-
portion of seventy-five per centum of his average
weekly earnings ascertained in the manner provided
by section 38 and shall be payable notwithstanding
clause a of subsection 1 of section 2.

Compensa-
tion for
permanent
disability.

Short title.

(4) Where the Board deems it more equitable, the Board
may award compensation for permanent disability
having regard to the difference between the average
weekly earnings of the workman before the accident
and the average amount which he is earning or is
able to earn in some suitable occupation after the
accident, and the compensation may be a weekly
or other periodical payment of seventy-five per
centum of such difference, and regard shall be had
to the workman's fitness to continue in the employ-
ment in which he was injured or to adapt himself
to some other suitable occupation.

3. This Act may be cited as The Worhnen's Compensation
Amendment Act, 1948.

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No. 90

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Municipal Act.

Mr. Dunbar

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes
Section 1 — Subsection 1. Self-explanatory.

Subsection 2. The present subsection 4 of section 44c provides that the
board of trustees of an improvement district shall function as such local
boards as may be designated by the Municipal Board, and that it shall be
augmented by the persons that may be appointed or elected to the particular
board by statute. Now the board of trustees will function as each local
board without further additions.

Section 2. Self-explanatory,

No. 90 1948

BILL

An Act to amend The Municipal Act.

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

1. — (1) Section 44c of The Municipal Act, as re-enacted by Rev. stat.,
subsection 1 of section 3 of The Municipal Amendment Act,\\^^^.^' ^; qq^
1947, is amended by adding thereto the following subsection rl^^^g^^^g^'

(la) Where, in an improvement district, a high school provlg/on
district is established and a separate school is main- re trustees.
tained, one of the trustees appointed under subsection
1 shall be a separate school supporter.

Rev. Stat.,

(2) Subsection 4 of the said section 44c is repealed and the subs. 4 '
following substituted therefor: s.^d)'). '

re-enacted.

(4) The board, with respect to the improvement district, ^e^e^i^e^i
shall function as every local board, except a separate *« be local
school board, within the meaning of The Department new. stat.,
of Municipal Affairs Act.

2. — (1) Clause / of subsection 1 of section 53 of ^^^^^66^***53
Municipal Act is amended by striking out the words "ansubs. i, ci./|
electric railway, street railway or steam railway" in the fourth
line and inserting in lieu thereof the words "a transportation
system", so that the said clause shall now read as follows:

(J) a person other than the head of the council who is a
member of a board or commission appointed or
elected for the construction, management or control
of a transportation system which is owned by, or
leased to, or controlled by a municipal corporation,
or by trustees, or by any board or commission acting
for or on behalf of such corporation, and this clause
shall have effect notwithstanding the provisions of
any general or special Act or any by-law of a muni-
cipal corporation.

^Y66?8**53. (2) Subsection 6 of the said section 53 is amended by

am^^nd'ci Striking out the words "an electric railway, street railway or

steam railway" in the fourth and fifth lines and inserting in

lieu thereof the words "a transportation system", so that the

said subsection shall now read as follows:

Appoint-
ments to two
commissionK,
etc.

Rev. Stat.,
oc. 62, 286.

(6) Notwithstanding the provisions of clause / of sub-
section 1 and of section 37 of The Public Utilities Act,
a member of a board or commission appointed or
elected for the construction, management or control
of a transportation system mentioned in said clause/
may be appointed or elected and be entitled to sit and
vote as a member of a commission established under
The Power Commission Act, The Public Utilities Act
or any special Act for the management and control
of a public utility.

Rev. Stat.

c. 266. 8. 65,

subs. 1

(1947.

C. 69, 8. 9).

amended.

Power to fix
nomination
and polling
days.

3. Subsection 1 of section 65 of The Municipal Act, as
re-enacted by section 9 of The Municipal Amendment Act,
1947, is amended by striking out the figure and letters "1st"
in the eighth line and inserting in lieu thereof the figure and
letters "2nd", so that the said subsection shall now read as
follows:

(1) The council may, not later in the year than the 1st
day of November, fix the day for the meeting of
electors for the nomination of candidates for council
and for any local board or commission any members
of which are to be elected by ballot by the electors
and the day for the polling, provided that the days
so fixed occur during the period from the 15th day
of November to the 2nd da\ of January both inclu-
sive, and are other than a Sunday or the 24th, 25th
or 31st days of December, and that the day fixed
for nominations is not less than seven days prior to
the day fixed for polling, and the by-law shall remain
in force from year to year until repealed.

?Y66^P^i7i ^' — ^^^ Subsection 2 of section 171 of The Municipal Act
«!ubs. 2." 'is amended by striking out the figures "76" in the fifth line

and inserting in lieu thereof the figures "65", so that the said

subsection shall now read as follows:

In office of
mayor, reeve
and deputy
reeve in
towns and
villages.

(2) Where the office of mayor, reeve or deput>- reeve
of a town or of reeve or deputy reeve of a village or
township becomes vacant after the 1st day of
November in any year or after the 1st day of October
where a by-law has been passed under section 65, and
an election to fill the vacancy has not been ordered
in a judicial proceeding, the council may elect one
of its number to fill the office for the remainder of
the term.

Section 3. The last'day that a by-law under this subsection may
authorize for the election is advanced from the 1st day of January to the
2nd day of January.

Section 4. Section 65 of The Municipal Act now covers the matters
formerly dealt^with in section 76.

Section 5. This amendment is complementary to the amendments
in section 17 and 18 of The Municipal Amendment Act, 1947, where all
other references to the "master in chambers" were changed to read
"master".

Section 6. The provisions in the Act authorizing municipal income
tax were repealed by The Municipal Amendment Act, 1947.

Section 7. As subsection 4 of section 305 was repealed in 1946,
this amendment brings subsection 6 up to date.

Section 8. The repealed clause provided in effect that a by-law
passed for borrowing money for the purchase of fire-fighting equipment
need not be assented to by the electors. Paragraph 30o of section 405,
which was enacted in The Municipal Amendment Act, 1947, specifically
makes this provision, and the repealed clause no longer serves any purpose.

(2) Subsection 3 of the said section 171 is amended byRev. stat.,
striking out the figures "76" in the third Hne and inserting in amended. '
lieu thereof the figures "65", so that the said subsection shall
now read as follows:

(3) Where a vacancy occurs in the oflfice of councillor when

ri/-jrxT 1- r^ vacancy

after the first day of iNovember in any year or after need not be
the 1st day of October where a by-law has been
passed under section 65 and an election has not been
ordered in a judicial proceeding, it shall not be
necessary that the vacancy be filled if the council so
directs.

5. Section 190 of The Municipal Act is amended by striking Revst^t
out the words "in chambers" in the first line, so that the said amended,
section shall now read as follows:

190. The judge or master forthwith after rendering his Judgment
decision shall return the same with all things had turned^to
before him touching the proceeding, to the proper ^^^^6^/
officer of the court, there to remain of record as a^^^''"'"*-
judgment of the court, and the judgment may be
enforced for the costs awarded by execution and in
other respects in the same manner as an order of
mandamus.

6. Subsection 2 of section 304 of The Municipal Act is Rev. stat.,

1,1 -1 • ^ ^1 J i<- iM • 1 c. 266, s. 304,

amended by strikmg out the words mcome and m the subs. 2,
fourth line, so that the said subsection shall now read as follows : ^ ®

(2) "Rateable property" when used in this Act or in any "Rateable
by-law heretofore or hereafter passed which directs
the levying of a rate on the rateable property in the
municipality or any part of it, shall include business „ „. .
assessment as defined by The Assessment Act. c. 272.

7. Subsection 6 of section 305 of The Municipal Act is Rev. stat.,
amended by striking out the words and figures "subsections siibs. 6.'

4 and 5" in the first line and inserting in lieu thereof the
word and figure "subsection 5", so that the said subsection
shall now read as follows:

(6) In the cases provided for bv subsection 5, the by-law Amount to
shall provide for raising in each year in which an annually,
instalment becomes due by a special rate on all the
rateable property in the municipality, a specific sum
sufficient to pay it when and as it becomes due.

8. Clause i of subsection 3 of section 307 of The Municipal Rev. stat..

A ^ • 1 1 ^ c. 266, s. 307,

./4a IS repealed. subs, a, ci. »,

repealed.

Rev. Stat..
c. 266. s. 316,

RUbR. 2
(1944.

c. 39. 8. 25), 1944, is amended by striking out the words

amended. m i i i • i .i • i

available during the current year in the second and third lines,

9. Subsection 2 of section 316 of The Municipal Act, as
re-enacted by section 25 of The Municipal Amendment Act,

'which will be

and by adding thereto the following clause:

"Surplus"
defined.

(a) In this subsection "surplus" shall mean cash on hand
or in the bank less current accounts payable, as
certified by the municipal auditor.

so that the said subsection shall now read as follows:

Allowances
to be made
in estimates.

(2) In prepaiing the estimates the council shall make
due allowance for a surplus of any previous year and
shall provide for any operating deficit of any previous
year and for the cost of collection, abatement of and
discount on taxes and uncollectable taxes and may
provide for taxes which it is estimated will not be
collected during the year.'

"Surplus"
defined.

Rev. Stat.,
c. 266.
ss. 360. 361,
repealed.

Rev. Stat..
c. 266. 8. 388,
subs. 1,
amended.

{a) In this subsection "surplus" shall mean cash
on hand or in the bank less current accounts
payable, as certified by the municipal auditor.

10. Sections 360 and 361 of The Municipal Act are repealed.

11, — (1) Subsection 1 of section 388 of The Municipal Act
is amended by striking out all the words after the word "apart-
ments" in the second line, so that the said subsection shall now
read as follows:

Custody of
gaols.

(1) The sheriff shall have the care of the county gaol,
gaol offices and yard and gaoler's apartments.

Rev. Stat., (2) Subsection 2 of the said section 388 is repealed and the
subs. 2, re- ' following substituted therefor:

enacted.

Appointment
of gaoler,
etc.

(2) The Lieutenant-Governor in Council may appoint
the gaoler, gaol surgeon and other gaol employees,
and fix their salaries which shall be paid by the
county or city, as the case may be.

Sick leave
credits.

1947, c. 89.

(3) The county or city shall establish the same system of
credits and payments for regular attendance of the
gaoler and gaol employees, as is provided for in the
regulations under The Public Service Act, 1947.

Workmen's
compensa-
tion.

Rev. Stat.,
c. 204.

(4) For the purposes of The Workmen's Compensation
Act, every gaoler and gaol employee shall be deemed
to be an employee of the county or city as the case
may be.

Section 9. This amendment requires the municipal council, in
preparing its estimates, to consider only the cash surplus at the end of the
preceding year, instead of taking into account expected revenue during the
current year arising from the operations of the previous year.

Section 10. These sections, under which certain members of muni-
cipal councils are ex officio justices of the peace, are repealed. Hereafter
these members will be commissioners for taking affidavits. See section 1
of Bill No. 72.

Section 11. The effect of these amendments is that the appointments
of gaolers, gaol surgeons and gaol officers are no longer made by the sheriff,
but are made by the Lieutenant-Governor in Council. A system of sick
leave credits is required to be established and the gaol officers and em-
ployees, except the gaol surgeon, are deemed employees of the municipality
for workmen's compensation purposes. These amendments are supple-
mented by section 5 of The Public Service Amendment Act, 1948 (Bill
No. 78), which deals with superannuation of these persons.

Section 12 — Subsection 1. The present paragraph reads as follows:
1. For aiding amateur athletic or aquatic sports.

Subsection 2. This amendment makes it clear that a municipality
may spend money or grant money for carr\ing on a programme of recrea-
tion provided for in the regulations under The Department oj Education Act.

Section 13. These new paragraphs give to cities, towns, villages and
townships powers formerly given to cities, towns and villages under section
407, and to towns, villages and townships under section 423. This amend-
ment merely consolidates powers already existing so that they appear in
one section instead of two sections. (See sections 14 and 17 of this Bill.)
The only new principle involved is the addition of clause a of paragraph 47 J
which authorizes the so-called "parking tag" procedures, which have proved
beneficial to all concerned in the municipalities that have established
them. To date no authority for their use has existed. The procedures
will form part of the general traffic by-law and therefore must be approved
by the Department of Highways.

(5) F'or the purposes of subsections 3 and 4, a gaol surgeon g'^ggon-.
shall be deemed not to be a gaol employee.

12. — (1) Paragraph 1 of section 404 of The Municipal '^^y-„^^°-^--,

. . c. 266 s. 404,

Act is repealed and the following substituted therefor: para, i,

re-enacted.

1. For aiding athletic or aquatic sports, and for making ^p*^'"*"-
grants or gifts to persons in recognition of outstanding
achievements in athletics, aquatic or other games or
contests.

(2) Paragraph 2a of the said section 404, as enacted by ^®26(>^*'' 4A4
subsection 1 of section 48 of The Municipal Amendment Act, para. 'za

• (1946 c 60

1946, is repealed and the following substituted therefor: .s. 48 U) ). '

re-enacted.

2a. For carrying on an\' community or joint community Community
, ". .,.', . ^ , ■' programmes.

programme ot recreation withm the meanmg or the

regulations under The Department of Education -4c/, Rev. stat.,

and for expending m<

aid for such purposes.

and for expending money or for granting money in ^'

13. Section 405 of The Municipal Act is amended by adding ^ge.' p^*405.
thereto the following paragraphs: amended.

Firemen, etc.

306. For appointing fire wardens, fire engineers and Estabiish-
firemen and for promoting, establishing, and regu- companies,
lating fire, hook-and-ladder, and property saving^ '^'
companies.

Pits and Quarries.

39b. For prohibiting the making of pits and quarries in Pits and
the municipalit>' or regulating the location of them, ^"'^'^'^^®^'
provided that the making or locating of a pit or
quarry in contravention of the by-law in addition
to any other remedy may be restrained by action ai
the instance of the corporation.

Stables, etc.

44a. For regulating the location, erection and use of ^t°'hies°" °^
stables, garages, barns, outhouses and manure pits, parages, etc.

Naming and Surveying Streets.

Marking the
boundaries
of and
naming
BtreetB, etc.

Proceedings
for changing
names of
streets.

47c. To provide for surveying, settling and marking the
boundary lines of highwa>s and giving names to them
or changing their names, and for affixing the names at
the corners thereof, on public or private property.

(a) A by-law for changing the name of a highway
shall not have any force or effect unless passed
by a vote of at least three-fourths of all the
members of the council, or until a copy of it
certified under the hand of the clerk and the
seal of the corporation has been registered in
the registry office of the proper registry
division.

Regulating
traffic.
Rev. Stat..
c. 288.

{b) A by-law for changing the name of a highway
in a city or town shall state the reason for
the change, and shall not be finally passed
until it has been approved by a judge of the
county or district court of the county or
district in which the municipality is situate.

(r) The judge, on the application of the council,
shall appoint a day, hour and place for con-
sidering the by-law, and for hearing those
advocating and opposing the change.

{d) A copy of the by-law and of the appointment
shall be served on the registrar of the registry
division in which the municipality is situate
at least two weeks before the time appointed,
and a notice of the application in such form
as the judge may approve shall be published
once in the Ontario Gazette at least two weeks
before the time so appointed, and at least
once a week for four successive weeks in such
other newspaper or newspapers as the judge
may direct.

(e) If the judge approves of the change he shall
so certify and his certificate shall be registered
with the by-law, and the change shall take
effect from the date of the registration.

Traffic on Highways, etc., Driving of Cattle, etc.

Aid. Subject to the provisions of The Highway Traffic Act
for regulating traffic on the highways, and for pro-
hibiting heavy traffic as defined in the by-law and

ScETlON 14 — Subsection 1. This amendment broadens the powers of
urban municipalities to regulate, control and inspect heating plants and
equipment.

the use of traction engines and the driving of cattle,
sheep, pigs and other animals during the whole or
any part of the day or night in certain highways and
public places named in the by-law, and for prohibiting
traffic in any but one direction in highways which in
the opinion of the council are too narrow for the
passing of one vehicle by another or in which in the
opinion of the council, it is desirable that traffic
should be limited to one direction.

(a) A by-law under this paragraph may provide a Expeditious
procedure tor the voluntary payment of authorized
penalties out of court in cases where it is offences.'"^
alleged that the parking provisions of the
by-law have been contravened, and if payment
is not made in accordance with the procedure
subsection 2 of section 521 shall apply.

47e. For setting aside and designating in a suitable Safety zones
visible manner, on any highway upon which street
cars or buses are operated, any part or parts as a
"safety zone" and for prohibiting motor or other
vehicles from driving over or upon any such safety
zone while any pedestrian is thereon or about to
enter thereon.

Children Riding behind Vehicles.

63a. For prohibiting children from riding on the plat- Prohibiting
^ ° or- children from

forms of cars, or riding behind or getting on waggons, riding behind
sleighs or other vehicles while in motion, a
preventing accidents arising from such causes

Sidewalks — Horses a fid Cattle upon.

63b. For prohibiting the leading, riding or driving of Driving,
horses or cattle
proper therefor.

horses or cattle upon sidewalks or in other places not sidewalks.

14. — (1) Paragraph 3 of section 407 of The Municipal Act, as ^®2^'6^s^467
amended by section 8 of The Municipal Amendment Act, 1938, p^*"^; ^; ^^-
is repealed and the following substituted theiefor:

3. For regulating, controlling and inspecting all hot air, etc^"of*'°"
hot water and steam heating plants and equipment, pfant"and
or any classes thereof, and the installation thereof ;®<i"^p"^®'^*-
and for requiring the production of plans of all
installations of such plant and equipment and altera-
tions or additions thereto, and for charging fees for

the inspection and approval of such plans, and fixing
the amount of the fees; and for the issuing of a permit
certifying to such approval and for requiring that
without such permit no such plant and equipment
may be installed, altered or added to.

S^eef 8^407. (2) Paragraphs 10, 15, 39, 42, 44, 46, and paragraphs 47 and
at'^tl' 44* 46' '^^ ^^ amended by subsections 3 and 4 respectively of section

4?! 48. re- ' 51 of The Municipal Amendment Act, 1946, of the said section
pealed. .„- , , ^

407 are repealed.

(3) The said section 407 is further amended by adding
c^ 26'6?8^467. thereto the following paragraph :

amended.

Strayed Pigeons.

pigeons. 53. For empowering officers of the municipality, upon

the complaint of the owner or occupant of any
premises, to enter upon such premises and the land
and buildings in the vicinity thereof, for the purpose
of trapping, removing or exterminating strayed
pigeons which are causing annoyance to the owner
or occupant or damages to such premises.

c^266f8*468 ■^^- Clause b of paragraph 6 of section 408 of The Municipal
ffgfe^' *^'' * "^^^^ '^^ re-enacted by section 52 of The Municipal Amendment
c. eo.'s. 52), Act, 1946, is amended by inserting after the word "and" in
amended. i_ • , ,• , , k , i V • i ..

the Sixth line the words the by-law may require that , so

that the said clause shall now read as follows:

^'owlng (^) ^ by-law passed under this paragraph may require

we'Kh<^_, coal and other fuel dealers to make out a ticket

required. , . , . , ... , ,

showing the weight or quantity of the coal or other

fuel purchased after the same is weighed or measured

in accordance with the by-law, and the by-law may

require that the amount so specified and the ticket

shall be delivered to the purchaser.

?26"6f 8^420, 16.— (1) Paragraph 14 of section 420 of The Municipal
amended. •^^^' ^^ amended by subsection 3 of section 15 of The Municipal
Amendment Act, 1941, is further amended by inserting after
the word "licenses" in the second line the words "and for
revoking such licenses", and by adding at the end of clause a
the words "or for washing or cleaning motor vehicles", so
that the said paragraph shall now read as follows:

Public 14. For licensing and regulating the owners of public

licensing. garages, and for fixing the fees for such licenses, and

for revoking such licenses, and for imposing penalties
for breaches of such by-law and for the collection
thereof.

etc.

Subsection 2. The powers given to cities, towns and villages under
the repealed paragraphs are also given to towns, villages and townships
under paragraphs 7, 9, 10, 10a, 11, 12, 13 and 13a of section 423. These
powers are now covered by the addition of paragraphs 63a, 30b, 47c, 39b,
63b, 44a, 47</ and 47e to section 405 which is applicable to local munici-
palities, i.e., cities, towns, villages and townships. (See section 13 of this
Bill.)

Subsection 3. This new paragraph gives urban municipalities power
to deal with nuisance caused by strayed pigeons.

Section 15. This amendment permits the by-law to require that the
specified amount of fuel and the ticket showing the amount shall be delivered
to the purchaser. Thus failure to do these things will be an offence against
the by-law and not an oflFence against the Act as is now provided.

Section 16 — Subsection 1. This amendment empowers the councils
of cities to revoke a public garage license, and the definition of "public
garage" is widened to include car-washing establishments.

Subsection 2.
bath premises.

This new paragraph gives to cities control over public

Section 1 7 — Subsection 1 . The powers given to towns, villages and
townships under the repealed paragraphs are also given to cities, towns and
villages under paragraphs 10, 15, 39, 42, 44, 46, 47 and 48 of section 407.
These powers will now be covered by the addition of paragraphs 63a, 30b,
47c, 39ft, 63b, 44a, 47d and 47c, respectively, to section 405, which is
applicable to local municipalities, i.e., cities, towns, villages and town-
ships. (See section 13 of this Bill.)

Subsection 2. Paragraph 4 of section 414 was repealed by The Muni-
cipal Amendment Act, 1947, and the power to deal with lodging houses was
given to all local municipalities by paragraph 40a of section 405.

Section 18. The words repealed are "not being contrary to the limi-
tations prescribed by subsection 8 of section 409". That subsection was
repealed in 1947, and there is no longer any limitation on such fees.

Section 19 — Subsection 1. Section 426 gives powers to certain town-
ships in unorganized territories. Clause / gives power to deal with vehicles
kept for hire and livery stables, and as this power was given to all townships
by section 428 as enacted by The Municipal Amendment Act, 1947, clause/
is no longer needed. Clause g gives power to deal with auctioneers, and as
this power was given to all townships in paragraph 4 of section 436 as
enacted in The Municipal Amendment Act, 1946, clause g is no longer
needed.

Subsection 2. This amendment is complementary to amendments
made by section 43 of The Municipal Amendment Act, 1944, whereby the
word "junk" was replaced by the word "salvage".

(a) For the purpose of this paragraph, a public garage
shall include a parking station or a parking lot or a
building or place where motor vehicles are hired or
kept or used for hire or where such vehicles or gaso-
line or oils are stored or kept for sale, and a building
or place used as a motor vehicle repair shop or for
washing or cleaning motor vehicles.

(2) The said section 420 is further amended by adding Rev. stat.,

, , r „ ■ , C. 266, S. 420.

thereto the following paragraph: amended.

Licensing Public Baths.

16a. For licensing, regulating and governing owners or Public bath
keepers of any class or classes of public bath premises
operated for profit, and for revoking any such license.

17. — (1) Paragraphs 7, 9 and 10, paragraph lOa as enacted ^ 2^'6fs^423
by subsection 3 of section 54 of The Municipal Amendment Act, ^o'^^o/' ^'
1946, paragraphs 11, 12 and 13, and paragraph 13fl as enacted ^^ll^^o^/f^-
by subsection 3 of section 54 of The Municipal Amendment n, 12. 13',
Act, 1946, of section 423 of The Municipal Act are repealed. (1946, c. 60

S. 54 (3) ), '
repealed.

(2) Paragraph 16 of the said section 423, as amended by Rev. stat
subsection 2 of section 54 of The Municipal Amendment ^c/, p-^^ee, s. 423.
1946, is further amended by striking out the figure "4" in amended,
the second line, so that the said paragraph shall now read as
follows:

16. For exercising the powers conferred on cities and andiend'ing
towns by paragraphs 12 and 13 of section 414. libraries.

18. Paragraph 12 of section 425 of The Municipal Act is Rev. stat.,
amended by striking out all the words after the word "thereof" para. 12,
in the third line, so that the said paragraph shall now read ^™®"*^®<^-
as follows:

12. For erecting and maintaining weighing machines Erecting
within the municipality or within an adjacent taining^^'^"
village, and charging fees for the use thereof. macWn^

19. — (1) Clauses/ and g of section 426 of The Municipal 'R^^- stat.,

A , , , c. 266, s. 426,

Act are repealed. ois. /. g,

repealed.

(2) Clause h of the said section 426 is amended by striking Rev. stat.,
out the word "Junk" in the first line and inserting in lieu ^j ^l^- ^- ^^6,
thereof the word "Salvage", so that the said clause shall now amended,
read as follows:

(h) Section 430, under the heading "Salvage and Second-
hand Shops, etc."

?®266?8^.*428 20. Section 428 of The Municipal Act, as enacted by sec-
c^ 69^8 41) ^^^" ^^ °^ '^^^ Municipal Amendment Act, 1947, is amended by
amended. * adding thereto the following paragraph:

Boat livery
keepers.

For licensing, regulating and governing persons keeping
boats for hire, and for regulating and inspecting
boats kept by such person, and for revoking any such
license.

Rev. Stat., 21. — (1) Clause a of paragraph 1 of section 433 of The
para. i.ci. a Municipal Act, as re-enacted by subsection 2 of section 42 of
c. 69, 's. 42. The Municipal Amendment Act, 1947 , is amended by adding
amended. the word "or" at the end of subclause iii, and by adding thereto
the following subclauses:

(iv) if the goods, wares or merchandise are hawked,
peddled or sold by a person who pays business tax
in the municipality, or by his employee, or by his
agent, or

(v) if the goods, wares or merchandise are hawked,
peddled or sold by an agent of the grower, producer
or manufacturer, acting on behalf of a dealer who
pays business tax in the municipality in respect of
premises used for the sale of such goods, wares or
merchandise.

so that the said clause shall now read as follows:

When license
not required.

{a) No such license shall be required for hawking, peddl-
ing or selling goods, wares or merchandise,

(i) to wholesale or retail dealers in similar goods,
wares or merchandise, or

(ii) if the goods, wares or merchandise are grown,
produced or manufactured in Ontario and are
hawked, peddled or sold by the grower,
producer or manufacturer or his agent or
employee having written authority so to do,
in the municipality in which the grower,
producer or manufacturer resides, or

(iii) if the goods, wares or merchandise are grown
or produced by a farmer resident in Ontario
who offers for sale or sells only the produce of
his own farm, or

(iv) if the goods, wares or merchandise are hawked ,
peddled or sold by a person who pays business
tax in the municipality, or by his employee,
or by his agent, or

Section 20. This new paragraph will give the councils of towns,
villages, and townships, and police commissioners of cities power to regulate
boat liveries.

Section 21 — Subsection 1. The classes of persons who are not
required to take out a hawker's license are extended to those referred to in
the new subclauses iv and v.

Subsection 2. This amendment provides that no by-law may prescribe
a fee in excess of $2 for a hawker's license without the approval of the
Department of Municipal Affairs.

Section 22 — Subsection 1. The license fees which may be charged for
tourist camps and trailer camps are limited to the amounts stated unless
approval of larger amounts is given by the Department of Municipal Affairs.

Subsections 2 and 3. The provisions authorizing municipal assessment
of income were repealed in 1947.

(v) if the goods, wares or merchandise are hawked,
peddled or sold by an agent of the grower,
producer or manufacturer, acting on behalf
of a dealer who pays business tax in the muni-
cipality in respect of premises used for the
sale of such goods, wares or merchandise.

(2) Clause g of paragraph 1 of the said section 433 is am- ^ 2^6g^s^4^3
ended by striking out all the words after the word "resided" para, i.'ci. e',
in the seventh line and inserting in lieu thereof the words "but
no license fee in excess of $2 shall be prescribed in the by-
law without the approval of the Department of Municipal
Affairs", so that the said clause shall now read as follows:

(g) The fee to be paid for the license under by-laws Fees,
passed under this paragraph may be lower in the
case of persons who have resided continuously within
the municipality for which the license is sought for
at least one year prior to the application therefor
than in the case of persons who have not so con-
tinuously resided, but no license fee in excess of $2
shall be prescribed in the by-law without the approval
of the Department of Municipal Affairs.

22.— (1) Paragraph 3g of section 439 of The Municipal ^^^^^f^-^^^
Act, as enacted by section 59 of The Municipal Amendment "p^^^-^^^
Act, 1946, is amended by adding thereto the following clause: c. eo.'s. 59).

amended.

{h) No by-law prescribing a license fee,

(i) in excess of $10 per cabin with a maximum of
$100, for a tourist camp, or

(ii) in excess of $100 for a trailer camp,

shall come into force or take effect until approved by
the Department of Municipal Affairs.

(2) Paragraph 5 of section 439 of The Municipal Act isRev. stat..
amended by striking out the words "income or" in the third para. 5,'
line, so that the said paragraph shall now read as follows:

5. For licensing, regulating and governing transient Licensing
traders and other persons whose names have notiating
been entered on the assessment roll in respect of traders,
business assessment for the then current year, and
who offer goods, wares or merchandise for sale by
auction, conducted by themselves or by a licensed
auctioneer or otherwise, or who offer them for sale
in any other manner.

c!^ 2^66^8!^ 4 39. (^) Paragraph 6 of the said section 439 is amended by

para. 6. striking out the words "income or" in the third line, so that

the first five hnesof the said paragraph shall now read as follows:

f^^to'obtaln- 6. For requiring transient traders and other persons

before^dofng whose names arc not entered on the assessment roll

business. or are entered on it for the first time, in respect of

business assessment, and who so offer goods, wares or
merchandise for sale, to pay a license fee before com-
mencing to trade.

^2'6'6f 8^440. 23. Paragraph 2 of section 440 of The Municipal Act is
amended amended by striking out the word "junk" in the first line and

inserting in lieu thereof the word "salvage", so that the said

paragraph shall now read as follows:

Salvage
shops buy-
ing from
minors.

2. For prohibiting keepers of second-hand shops or salvage
stores or shops, directly or indirectly purchasing
from, exchanging with, or receiving in pledge from
any minor appearing to be under the age of eighteen
years, without written authority from a parent or
guardian of such minor, any metals, goods, or articles.

Rev. Stat.,
c. 266. 8. 507.
para. 3.
amended.

24. Paragraph 3 of section 507 of The Municipal Act is
amended by inserting after the word "sidewalks" in the ninth
line the words "and canopies which project over the side-
walks", and by inserting after the word "device" in the fourth
line of clause h thereof the words "or canopy", so that the said
paragraph shall now read as follows:

Areas and
openings
under
highways.

3. For permitting the owners of land to make, maintain
and use areas under and openings to them in the
highways and sidewalks and for permitting the owners
of land abutting on one side of a highway to construct,
maintain and use a bridge or other structure over,
across or under the highway for the purpose of access
to land owned by such owners on the other side of the
highway, and for permitting the owners of land to
maintain and use signs and other advertising devices
which project over the sidewalks, and canopies which
project over the sidewalks, for prescribing the terms
and conditions upon which the same shall be made,
constructed, maintained and used, and for making
such annual or other charge for the privilege con-
ferred by the by-law as the council may deem reason-
able, and for providing that upon the termination of
such privilege the highway shall be restored to its
former condition at the expense of the owner of the
land to which the privilege is appurtenant by filling
in the area or opening, removing the bridge, structure,
sign or other advertising device, or otherwise as
may be required by the by-law.

Section 23. This amendment is complementary to amendments
made by section 43 of The Municipal Amendment Act, 1944, whereby the
word "junk" was replaced by the word "salvage".

Section 24. This amendment empowers every municipality to pass
by-laws for permitting owners of land to maintain and use canopies which
project over the sidewalks.

Section 25. The present section limits the power to restrain by action
to by-laws passed under The Municipal Act.

(a) Such annual or other charge and any expense Annual

incurred by the corporation in restoring the*^ ^^^^
highway to its former condition shall be
payable and payment of it may be enforced in
like manner as taxes are payable and payment
of them may be enforced.

(b) The corporation shall be liable for any want Liability of

^ / 1 • t 1 r corporation

of repair of the highway which may result from for damages.

the construction, maintenance and use of any

such area or opening, bridge or structure,

sign or advertising device, or canopy, but

shall be entitled to the remedy over provided

for by section 486 against the person by

whose act or omission the want of repair is

caused.

25. Section 525 of The Municipal Act, as amended byRev. stat..
section 48 of The Municipal Amendment Act, 1944 and r4-enact'ed.
section 67 of The Municipal Amendment Act, 1946, is repealed

and the following substituted therefor:

525. Where any by-law of a municipality or of a local Power to

rGstr3.in

board thereof, passed under the authority of this or by action.
any other general or special Act, is contravened, in
addition to any other remedy and to any penalty
imposed by the by-law, such contravention may be
restrained by action at the instance of a ratepayer
or the corporation or local board.

26. This Act shall come into force on the 1st day of June, ment"o1-'Act
1948.

27. This Act may be cited as The Municipal Amendment ^horttme.
Act, 1948.

t\» S?

^ I

so "^

a.
H

r
r

No. 90

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Municipal Act.

Mr. Dunbar

{Reprinted as amended by the Committee on Municipal Law.)

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes
Section 1 — Subsection 1. Self-explanatory.

Section 2. Self-explanatory.

No. 90 ' 1948

BILL

An Act to amend The Municipal Act.

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

1. — (1) Section 44c of The Municipal Act, as re-enacted by Rev. stat..
subsection 1 of section 3 of The Municipal Amendment Act^^^^^Q^f' q; qq^
1947, is amended by adding thereto the following subsection : Ij^g^^^^^'

(la) Where, in an improvement district, a high school provls/on
district is established and a separate school is main- re trustees.
tained, one of the trustees appointed under subsection
1 shall be a separate school supporter.

Rev. Stat..

(2) Subsection 4 of the said section 44c is repealed and thesiibs. 4 '
following substituted therefor: s. 3 {if], '

re-enacted.

(4) The board, with respect to the improvement district, ^^elned
shall function as every local board, except a separate *» be local
school board, within the meaning of The Department 'Rq^- stat.,
of Municipal Affairs Act.

2. — (1) Clause / of subsection 1 of section 53 of I^^^^^^GQ^a^K^
Municipal Act is amended by striking out the words "ansubs. i, ci./,'
electric railway, street railway or steam railway" in the fourth
line and inserting in lieu thereof the words "a transportation
system", so that the said clause shall now read as follows:

(/) a person other than the head of the council who is a
member of a board or commission appointed or
elected for the construction, management or control
of a transportation system which is owned by, or
leased to, or controlled by a municipal corporation,
or by trustees, or by any board or commission acting
for or on behalf of such corporation, and this clause
shall have effect notwithstanding the provisions of
any general or special Act or any by-law of a muni-
cipal corporation.

Rev. Stat..
c. 266, B. 53,
subs. 6,
amended.

(2) Subsection 6 of the said section 53 is amended by
strikinji out the words "an electric railway, street railway or
steam railway" in the fourth and fifth lines and inserting in
lieu thereof the words "a transportation system", so that the
said subsection shall now read as follows:

Appoint-
ments to two
commissions,
etc.

Rev. Stat.,
oc. 62, 286.

Rev. Stat.

c. 266, 8. 65,

subs. 1

(1947,

c. 69, s. 9),

amended.

Power to fix
nomination
and polling
days.

3. Subsection 1 of section 65 of The Municipal Act, as
re-enacted by section 9 of The Municipal Amendment Act,
1947 , is amended by striking out the figure and letters "1st"
in the eighth line and inserting in lieu thereof the figure and
letters "2nd", so that the said subsection shall now read as
follows:

(1) The council may, not later in the year than the 1st
day of November, fix the day for the meeting of
electors for the nomination of candidates for council
and for any local board or commission any members
of which are to be elected by ballot by the electors
and the day for the polling, provided that the days
so fixed occur during the period from the 15th day
of November to the 2nd day of January both inclu-
sive, and are other than a Sunday or the 24th, 25th
or 31st days of December, and that the day fixed
for nominations is not less than seven days prior to
the day fixed for polling, and the by-law shall remain
in force from year to year until repealed.

^266^*^i'7i '*• — ^^^ Subsection 2 of section 171 of The Municipal Act
siibs. 2," 'is amended by striking out the figures "76" in the fifth line

and inserting in lieu thereof the figures "65", so that the said

subsectioh shall now read as follows:

amended.

In ofBce of
mayor, reeve
and deputy
reeve in
towns and
villages.

(2) Where the office of mayor, reeve or deputy' reeve
of a town or of reeve or deputy reeve of a village or
township becomes vacant after the 1st day of
November in any year or after the 1st day of October
where a by-law has been passed under section 65, and
an election to fill the vacancy has not been ordered
in a judicial proceeding, the council may elect one
of its number to fill the office for the remainder of
the term.

Section 3. The last dav that a by-law under this subsection may
authorize for the election is advanced from the 1st day of January to the
2nd day of January.

Section- 4. Section 65 of The Municipal Act now covers the matters
formerly dealt with in section 76.

Section 6. The provisions in the Act authorizing municipal income
tax were repealed by The Municipal Amendment Act, 1947.

Section 7. As subsection 4 of section 305 was repealed in 1946,
this amendment brings subsection 6 up to date.

Section 8. The repealed clause provided in effect that a by-law
passed for borrowing money for the purchase of fire-fighting equipment
need not be assented to by the electors. Paragraph 30a of section 405,
which was enacted in The Municipal Amendment Act, 1947, specifically
makes this provision, and the repealed clause no longer serves any purpose.

(2) Subsection 3 of the said section 171 is amended byRev. stat,.
striking out the figures "76" in the third line and inserting in amended,
lieu thereof the figures "65", so that the said subsection shall
now read as follows:

(3) Where a vacancy occurs in the office of councillor when

after the first day of November in any year or after need not bo
the 1st day of October where a by-law has been
passed under section 65 and an election has not been
ordered in a judicial proceeding, it shall not be
necessary that the vacancy be filled if the council so
directs.

5. Section 190 of The Municipal Act is amended b}' striking ^ 266®*^\qo
out the words "in chambers" in the first line, so that the said amended,
section shall now read as follows:

190. The judge or master forthwith after rendering his Judgment
decision shall return the same with all things had turned^to
before him touching the proceeding, to the proper office^/
officer of the court, there to remain of record as a of court,
judgment of the court, and the judgment may be
enforced for the costs awarded by execution and in
other respects in the same manner as an order of
mandamus.

6. Subsection 2 of section 304 of The Municipal Act is Rev. stat.,

, , , M • 1 1 ii' 1.. • 1 0.266,3.304,

amended by strikmg out the words income and m the subs. 2,
fourth line, so that the said subsection shall now read as follows: ^

(2) "Rateable property" when used in this Act or in any "Rateable
by-law heretofore or hereafter passed which directs
the levying of a rate on the rateable property in the
municipality or any part of it, shall include business ^^^ g^^^.
assessment as defined by The Assessment Act. c. 272.

7. Subsection 6 of section 305 of The Municipal Act is Rev. stat.,
amended by striking out the words and figures "subsections siibs. 6,'

4 and 5" in the first line and inserting in lieu thereof the^
word and figure "subsection 5", so that the said subsection
shall now read as follows:

(6) In the cases provided for by subsection 5, the by-law Amount to
shall provide for raising in each 3-ear in which an annually,
instalment becomes due by a special rate on all the
rateable property in the municipality, a specific sum
sufficient to pay it when and as it becomes due.

8. Clause i of subsection 3 of section 307 of The Municipal Rev. stat.,

^ . . , , ^0. 266, s. 307,

Act IS repealed. subs. 3, ci. »,

repealed.

9. Sections 360 and 361 of The Municipal Act are repealed.

Rev. Stat.,
o. 266,
ss. 360, 361,
repealed.

10. — (1) Subsection 1 of section 388 of The Municipal Act
0. 266, 8. 388, is amended by striking out all the words after the word "apart-
amended, ments" in the second line, so that the said subsection shall now
read as follows:

Custody of
gaols.

(1) The sheriff shall have the care of the county gaol,
gaol offices and yard and gaoler's apartments.

(2) Subsection 2 of the said section 388 is repealed and the

Rev. Stat..

siibs. 2, re- 'following substituted therefor:
enacted.

Appointment
of gaoler,
etc.

(2) The Lieutenant-Governor in Council may appoint
the gaoler, gaol surgeon and other gaol employees,
and fix their salaries which shall be paid by the
county or city, as the case may be.

Stck leave
credits.

1947, c. 89.

Workmen's
compensa-
tion.

Rev. Stat.,
c. 204.

(4) For the purposes of The Workmen' s Compensation
Act, every gaoler and gaol employee shall be deemed
to be an employee of the county or city as the case
may be.

"Gaol
surgeon".

(5) For the purposes of subsections 3 and 4, a gaol surgeon
shall be deemed not to be a gaol employee.

? 2^66^8^464 •'■•'■• — ^^^ Paragraph 1 of section 404 of The Municipal
para. 1,' ' Act is repealed and the following substituted therefor:

re-enacted.

Sports.

1. For aiding athletic or aquatic sports, and for making
grants or gifts to persons in recognition of outstanding
achievements in athletics, aquatic or other games or
contests.

■^266^*^ 404 ^^^ Paragraph 2a of the said section 404, as enacted by
para. 2a ' subsection 1 of section 48 of The Municipal Amendment Act,
s. 48 (1°) ). ' 1946, is repealed and the following substituted therefor:

re-enacted.

Community
programmes.

Rev. Stat.,
c. 356.

2a. For carrying on any community or joint community
programme of recreation within the meaning of the
regulations under The Department of Education Act,
and for expending money or for granting money in
aid for such purposes.

Section 9. These sections, under which certain members of muni-
cipal councils are ex officio justices of the peace, are repealed. Hereafter
these members will be commissioners for taking affidavits. See section 1
of Bill No. 72.

Section 10. The effect of these amendments is that the appointments
of gaolers, gaol surgeons and gaol officers are no longer made by the sheriff,
but are made by the Lieutenant-Governor in Council. A system of sick
leave credits is required to be established and the gaol officers and em-
ployees, except the gaol surgeon, are deemed employees of the municipality
for workmen's compensation purposes. These amendments are supple-
mented by section 5 of The Public Service Amendment Act, 1948 (Bill
No. 78), which deals with superannuation of these persons.

Section U — Subsection 1. The present paragraph reads as follows:
1. For aiding amateur athletic or aquatic sports.

Subsection 2. This amendment makes it clear that a municipality
may spend money or grant money for carrying on a programme of recrea-
tion provided for in the regulations under The Department oj Education Act.

Subsections 3 and 4. The purpose of this amendment is to jjive to
counties the same powers with respect to roads over which the county has
jurisdiction as is now given to local municipalities under paragraph 47a of
section 405.

Section 12. — (1) These new paragraphs give to cities, towns, villages
and townships powers formerly given to cities, towns and villages under
section 407, and to towns, villages and townships under section 423. This
amendment merely consolidates powers already existing so that they appear
in one section instead of two sections. (See sections 13 and 16 of this Bill.)
The only new principle involved is the addition of clause a of paragraph 47 J
which authorizes the so-called "parking tag" procedures, which have proved
beneficial to all concerned in the municipalities that have established
them. To date no authority for their use has existed. The procedures
will form part of the general traffic by-law and therefore must be approved
by the Department of Highways.

(3). The said section 404 is further amended by adding Rev. stat.,
thereto the following paragraph: anSldf^*'

Oil Pipes, etc., on Highways.
48a. Notwithstanding any other Act, for la>-ing, or main- Laying cf

. . r ^\ • • ^1 pipes for oil,

tammg, or tor authonzmg any person to lay, use or etc.
maintain pipes or conduits for transmitting gasoline,
oil, anti-freeze, brine or other similar products along,
under, in or upon highways or land owned by the
municipality; and for making such annual or other
charge for the privilege conferred as the council may
deem reasonable; and for entering into agreements
with persons for the use by them of such pipes or
conduits on such terms and conditions as may be
agreed upon.

(a) vSuch annual or other charge and any expense
incurred by the corporation in restoring the
highway to its former condition shall be pay-
able and payment may be enforced in like
manner as taxes.

(4) Every agreement now in force with respect to pipes or Present
conduits that conforms with paragraph 48a of section 404 Qf ''^'"®®'"®" ^-
The Municipal Act, as enacted by subsection 3 of this section
shall be deemed to have been made pursuant to the authority
of the said paragraph.

12. — (1) Section 405 of The Municipal Act is amended by Rev. stat..
adding thereto the following paragraphs: amended. '

Firemen, etc.

30&. For appointing fire wardens, fire engineers and Estabiish-
firemen and for promoting, establishing, and regu- companies,
lating fire, hook-and-ladder, and property saving
companies.

Pits and Quarries.

39b. For prohibiting the making of pits and quarries in Pits and
the municipality or regulating the location of them, ''"^''"®^-
provided that the making or locating of a pit or
quarry in contravention of the by-law in addition
to any other remed>' may be restrained by action at
the instance of the corporation.

Stables, etc.

Location of
stables,
garages, etc.

44a. For regulating the location, erection and use of
stables, garages, barns, outhouses and manure pits.

Marking the
boundaries
of and
naming
streets, etc.

Proceedings
for changing
nannes of
streets.

Regulating
traffic.
Rev. Stat.,
c. 288.

Naming and Surveying Streets.

47c. To provide for surveying, settling and marking the
boundary lines of highways and giving names to them
or changing tHeir names, and for affixing the names at
the corners thereof, on public or private property.

(r) The judge, on the application of the council,
shall appoint a day, hour and place for con-
sidering the by-law, and for hearing those
advocating and opposing the change.

(e) If the judge approves of the change he shall
so certify and his certificate shall be registered
with the by-law, and the change shall take
effect from the date of the registration.

Traffic on Highways, etc.. Driving of Cattle, etc.

Aid. Subject to Xhc prov\s\ons oi The Highway Traffic Act
for regulating traffic on the highways, and for pro-

Section 13 — Subsection 1. This amendment broadens the powers of
urban municipalities to regulate, control and inspect heating plants and
equipment.

hibiting heavy traffic as defined in the by-law and
the use of traction engines and the driving of cattle,
sheep, pigs and other animals during the whole or
any part of the day or night in certain highways and
public places named in the by-law, and for prohibiting
traffic in any but one direction in highways which in
the opinion of the council are too narrow for the
passing of one vehicle by another or in which in the
opinion of the council, it is desirable that traffic
should be limited to one direction.

(a) A by-law under this paragraph may provide a Expeditious
procedure for the voluntary payment of authorized
penalties out of court in cases where it is offences .'°^
alleged that the parking provisions of the
by-law have been contravened, and if payment
is not made in accordance with the procedure
subsection 2 of section 521 shall apply.

Children Riding behind Vehicles.

63a. For prohibiting children from riding on the plat- Prohibiting
forms of cars, or riding behind or getting on waggons, riding^behi*n3
sleighs or other vehicles while in motion, and for ^^'^^s°"^' ®*<^-
preventing accidents arising from such causes.

Sidewalks — Horses and Cattle upon.

63b. For prohibiting the leading, riding or driving of Driving,
horses or cattle upon sidewalks or in other places not sidew^^k".
^^_^ proper therefor.

^^f Rev. Stat..

(2) Paragraph 47a of the said section 405, as enacted bv'=- ^ee.s. 405.

^ . ^ '^ ' para. 47a

subsection 1 of section 32 of The Municipal Amettdment Act, ^^^47.
1947, is repealed. -^^g subs.'ij.

^^^ repealed.

13. — (1) Paragraph 3 of section 407 of The Municipal Act, as Rev. stat..
amended by section 8 of The Municipal Amendment Act, 1938, pkra^'sfVe-^
is repealed and the following substituted therefor: enacted.

3. For regulating, controlling and inspecting all hot air, Regulation
hot water and steam heating plants and equipment, heating
or any classes thereof, and the installation thereof ; equipment,
and for requiring the production of plans of all
installations of such plant and equipment and altera-
tions or additions thereto, and for charging fees for

Saeefs^VoT. (2) Paragraphs 10, 15, 39, 42, 44, 46, and paragraphs 47 and
Piras.' 10. 15; 48 as amended by subsections 3 and 4 respectively of section
47.' 48. re- ' 51 of The Municipal Amendment Act, 1946, of the said section

pealed. .«» . .

407 are repealed.

(3) The said section 407 is further amended by adding
0!^ 266''s*467 thereto the following paragraph :

amended.

Strayed
pigeons.

Strayed Pigeons.

53. For empowering officers of the municipality-, upon
the complaint of the owner or occupant of any
premises, to enter upon such premises and the land
and buildings in the vicinity thereof, for the purpose
of trapping, removing or exterminating strayed
pigeons which are causing annoyance to the owner
or occupant or damages to such premises.

o! 2^"6?8*468 ^^' Clause h of paragraph 6 of section 408 of The Municipal

ffgle^' °'' *^^^' as re-enacted by section 52 of The Municipal Amendment

c. 60. 's. 52), Act, 1946, is amended by inserting after the word "and" in
amended. i • i ,• , i n , i V • i ..

the sixth hne the words the by-law may require that , so
that the said clause shall now read as follows:

Ticket
■showing
weight
required.

Rev. Stat.,
0. 266, 8. 420,
para. 14,
amended.

(6) A by-law passed under this paragraph may require
coal and other fuel dealers to make out a ticket
showing the weight or quantity of the coal or other
fuel purchased after the same is weighed or measured
in accordance with the by-law, and the by-law may
require that the amount so specified and the ticket
shall be delivered to the purchaser.

15. — (1) Paragraph 14 of section 420 of The Municipal
Act, as amended by subsection 3 of section 15 of The Municipal
Amendment Act, 1941, is further amended by inserting after
the word "licenses" in the second line the words "and for
revoking such licenses", and by adding at the end of clause a
the words "or for washing or cleaning motor vehicles", so
that the said paragraph shall now read as follows:

Public
garages,—
licensing,
etc.

14. For licensing and regulating the owners of public
garages, and for fixing the fees for such licenses, and
for revoking such licenses, and for imposing penalties
for breaches of such by-law and for the collection
thereof.

Subsection 2. The powers given to cities, towns and villages under
the repealed paragraphs are also given to towns, villages and townships
under paragraphs 7, 9, 10, 10a, 11, 12, 13 and 13a of section 423. These
powers are now covered by the addition of paragraphs 63a, 30b, 47c, 39b,
63b, 44a, A7d and 47e to section 405 which is applicable to local munici-
palities, i.e., cities, towns, villages and townships. (See section 12 of this
Bill.)

Subsection 3. This new paragraph gives urban municipalities power
to deal with nuisance caused by strayed pigeons.

Section 14. This amendment permits the by-law to require that the
specified amount of fuel and the ticket showing the amount shall be delivered
to the purchaser. Thus failure to do these things will be an offence against
the by-law and not an offence against the Act as is now provided.

Section 15 — Subsection 1. This amendment empowers the councils
of cities to revoke a public garage license, and the definition of "public
garage" is widened to include car-washing establishments.

Subsection 2.
bath premises.

This new paragraph gives to cities control over public

Section 16 — Subsection 1. The powers given to towns, villages and
townships under the repealed paragraphs are also given to cities, towns and
villages under paragraphs 10, 15, 39, 42, 44, 46, 47 and 48 of section 407.
These powers will now be covered by the addition of paragraphs 63a, 30b,
47c, 39b, 63b, 44a, 47d and He, respectively, to section 405, which is
applicable to local municipalities, i.e., cities, towns, villages and. town-
ships. (See section 12 of this Bill.)

Section 17. The words repealed are "not being contrary to the limi-
tations prescribed by subsection 8 of section 409". That subsection was
repealed in 1947, and there is no longer any limitation on such fees.

Section 18 — Subsection 1. Section 426 gives powers to certain town-
ships in unorganized territories. Clause /gives power to deal with vehicles
kept for hire and livery stables, and as this power was given to all townships
by section 428 as enacted by The Municipal Amendment Act, 1947, clause/
is no longer needed. Clause g gives power to deal with auctioneers, and as
this power was given to all townships in paragraph 4 of section 436 as
enacted in The Municipal Amendment Act, 1946, clause g is no longer
needed.

Subsection 2. This amendment is complementary to amendments
made by section 43 of The Municipal Amendment Act, 1944, whereby the
word "junk" was replaced by the word "salvage".

(a) F'or the purpose of this paragraph, a public garage
shall include a parking station or a parking lot or a
building or place where motor vehicles are hired or
kept or used for hire or where such vehicles or gaso-
line or oils are stored or kept for sale, and a building
or place used as a motor vehicle repair shop or for
washing or cleaning motor vehicles.

(2) The said section 420 is further amended by adding Rev. stat..

', \ ^U r U • U *'c. 266,8.420,

thereto the tollowmg paragraph : amended.

Licensing Public Baths.

16a. For licensing, regulating and governing owners or Public bath
keepers of any class or classes of public bath premises
operated for profit, and for revoking any such license.

16.— (1) Paragraphs 7, 9 and 10, paragraph 10a as enacted ^®2'6'6^s^423.
by subsection 3 of section 54 of The Municipal Amendment Act, lo'^^o/' ^'
1946, paragraphs 11, 12 and 13, and paragraph 13a as enacted ^^%\^}S- ^^'
by subsection 3 of section 54 of The Municipal Amendment ^^^ 12. 13',
Act, 1946, of section 423 of The Municipal Act are repealed. (i946, c. eo,

s. 54 (3) ).
repealed.

(2) Paragraph 16 of the said section 423, as amended by Rev. stat.,

subsection 2 of section 54 of The Municipal Amendment ^c/, p^^^^'j|- ^^s.

1946, is further amended by striking out the figure "4" in^n^ended.

the second line, so that the said paragraph shall now read as

follows:

16. For exercising the powers conferred on cities and and jend'ing
towns by paragraphs 12 and 13 of section 414. libraries.

17. Paragraph 12 of section 425 of The Municipal Act is Rev. stat.,
amended by striking out all the words after the word "thereof" para. '12',
in the third line, so that the said paragraph shall now read ^"^^^ ^^•
as follows:

12. For erecting and maintaining weighing machines Erecting
within the municipality or within an adjacent taining^^^"
village, and charging fees for the use thereof. mtilmne^s.

18. — (1) Clauses/ and ? of section 426 of The Municipal ^^J ■ stat.,

A , , , ^ c. 266, s. 426,

Act are repealed. ois. /, g,

repealed.

(2) Clause h of the said section 426 is amended by striking Rev. stat.,
out the word "Junk" in the first line and inserting in lieUci^f^'^'^^^'
thereof the word "Salvage", so that the said clause shall now^"^^""^®^-
read as follows:

(h) Section 430, under the heading "Salvage and Second-
hand Shops, etc."

19. Section 428 of The Municipal Act, as enacted by sec-

Rev. Stat.,

c. 266, s. 428 .

(1947, tion 41 of The Municipal Amendment Act, 1947, is amended by

amended. ' adding thereto the following paragraph:

Boat livery
keepers.

For licensing, regulating and governing persons keeping
boats for hire, and for regulating and inspecting
boats kept by such person, and for revoking any such
license.

Rev. Stat.. 20. — (1) Clause a of paragraph 1 of section 433 of The
para. 'i!'ci. a Municipal Act, as re-enacted by subsection 2 of section 42 of
0^691*8.42, The Municipal Amendment Act, 1947, is amended by adding
ame^iided. ^he word "or" at the end of subclause iii, and by adding thereto
the following subclauses:

(iv) if the goods, wares or merchandise are hawked,
peddled or sold by a person who pays business tax
in the municipality, or by his employee, or by his
agent, or

so that the said clause shall now read as follows:

When license
not required.

(a) No such license shall be required for hawking, peddl-
ing or selling goods, wares or merchandise.

(i) to wholesale or retail dealers in similar goods,
wares or merchandise, or

(iii) if the goods, wares or merchandise are grown
or produced by a farmer resident in Ontario
who offers for sale or sells only the produce of
his own farm, or

(iv) if the goods, wares or merchandise are hawked ,
peddled or sold by a person who pays business
tax in the municipality, or by his employee,
or by his agent, or

Section 19. This new paragraph will give the councils of towns,
villages, and townships, and police commissioners of cities power to regulate
boat liveries.

Section 20 — Subsection 1. The classes of persons who are not
required to take out a hawker's license are extended to those referred to in
the new subclauses iv and v.

Subsection 2. This amendment provides that no by-law may prescribe
a fee in excess of $2 for a hawker's license without the approval of the
Department of Municipal Affairs.

Section 21 — Subsection 1. The license fees which may be charged for
tourist camps and trailer camps are limited to the amounts stated unless
approval of larger amounts is given by the Department of Municipal Affairs.

Subsections 2 and 3. The provisions authorizing municipal assessment
of income were repealed in 1947.

(2) Clause g of paragraph 1 of the said section 433 is am- •^^263^*^4^3
ended by striking out all the words after the word "resided" para, i, ci. g',
in the seventh line and inserting in lieu thereof the words "but
no license fee in excess of $2 shall be prescribed in the by-
law without the approval of the Department of Municipal
Affairs", so that the said clause shall now read as follows:

(g) The fee to be paid for the license under by-laws Fees,
passed under this paragraph may be lower in the
case of persons who have resided continuously within
the municipality for which the license is sought for
at least one year prior to the application therefor
than in the case of persons who have not so con-
tinuously resided, but no license fee in excess of S2
shall be prescribed in the by-law without the approval
of the Department of Municipal Affairs.

21.— (1) Paragraph 3g of section 439 of The Municipal f^^Q^f^^^^Q^
Act, as enacted by section 59 of The Municipal Amendment p^^^'^s
Act, 1946, is amended by adding thereto the following clause: c. eo.'s. 59),

amended.

ih) No by-law prescribing a license fee,

(i) in excess of $10 per cabin with a maximum of
$100, for a tourist camp, or

(ii) in excess of $100 for a trailer camp,

shall come into force or take effect until approved by
the Department of Municipal Affairs.

(2) Paragraph 5 of section 439 .of The Municipal Act isRev. stat..
amended by striking out the words "income or" in the third para. 5."
line, so that the said paragraph shall now read as follows: ^men

5. For licensing, regulating and governing transient Licensing
traders and other persons whose names have not lating
been entered on the assessment roll in respect of traders"
business assessment for the then current year, and
who offer goods, wares or merchandise for sale by
auction, conducted by themselves or by a licensed
auctioneer or otherwise, or who offer them for sale
in any other manner.

0^2^66^8^439 (^) Paragraph 6 of the said section 439 is amended by

P'^ra^s. striking out the words "income or" in the third line, so that

the first five lines of the said paragraph shall now read as follows:

^^to'obTaln- 6. For requiring transient traders and other persons

before^dofng whose names are not entered on the assessment roll

business. or are entered on it for the first time, in respect of

business assessment, and who so offer goods, wares or
merchandise for sale, to pay a license fee before com-
mencing to trade.

?2'6'6?s^440. 22. Paragraph 2 of section 440 of The Municipal Act is
para. 2, amended by striking out the word "junk" in the first line and

amendeci. ....

inserting in lieu thereof the word "salvage", so that the said

Salvage
shops buy-
ing from
minors.

paragraph shall now read as follows:

Rev. Stat.,
o. 266. s. 507.
para. 3,
amended.

23. Paragraph 3 of section 507 of The Municipal Act is
amended by inserting after the word "sidewalks" in the ninth
line the words "and canopies which project over the side-
walks", and by inserting after the word "device" in the fourth
line of clause h thereof the words "or canopy", so that the said
paragraph shall now read as follows:

Areas and
openings
under
highways.

For permitting the owners of land to make, maintain
and use areas under and openings to them in the
highways and sidewalks and for permitting the owners
of land abutting on one side of a highway to construct ,
maintain and use a bridge or other structure over,
across or under the highway for the purpose of access
to land owned by such owners on the other side of the
highway, and for permitting the owners of land to
maintain and use signs and other advertising devices
which project over the sidewalks, and canopies which
project over the sidewalks, for prescribing the terms
and conditions upon which the same shall be made,
constructed, maintained and used, and for making
such annual or other charge for the privilege con-
ferred by the by-law as the council may deem reason-
able, and for providing that upon the.termination of
such privilege the highway shall be restored to its
former condition at the expense of the owner of the
land to which the privilege is appurtenant by filling
in the area or opening, removing the bridge, structure,
sign or other advertising device, or otherwise as
may be required by the by-law.

Section 22. This amendment is complementary to amendments
made by section 43 of The Municipal Amendment Act, 1944, whereby the
word "junk" was replaced by the word "salvage".

Section 23. This amendment empowers every municipality to pass
by-laws for permitting owners of land to maintain and use canopies which
project over the sidewalks.

Section 24. The present section limits the power to restrain by action
to by-laws passed under The Municipal Act.

(a) Such annual or other charge and any expense Annual

incurred by the corporation in restoring the
highway to its former condition shall be
payable and payment of it may be enforced in
like manner as taxes are payable and payment
of them may be enforced.

(b) The corporation shall be liable for any want Liability of
^ ' . f. , , . , 1 • 1 'if corporation

of repair of the highway which may result from for damages.

the construction, maintenance and use of any

such area or opening, bridge or structure,

sign or advertising device, or canopy, but

shall be entitled to the remedy over provided

for by section 486 against the person by

whose act or omission the want of repair is

caused.

24. Section 525 of The Municipal Act, as amended byRev. stat..
section 48 of The Municipal Amendment Act, 1944 and r4-enact'ed.
section 67 of The Municipal Amendment Act, 1946, is repealed

and the following substituted therefor:

525. Where any by-law of a municipality or of a local Power to
board thereof, passed under the authority of this or by action.
any other general or special Act, is contravened, in
addition to any other remedy and to any penalty
imposed by the by-law, such contravention may be
restrained by action at the instance of a ratepayer
or the corporation or local board.

25. This Act shall come into force on the 1st day of June, ment"o1-"f ct
1948.

26. This Act may be cited as The Municipal Amendment short title.
Act, 1948.

t-f-

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03
I—*

r
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No. 90

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Municipal Act.

Mr. Dunbar

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 90 1948

BILL

An Act to amend The Municipal Act.

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

1. — (1) Section 44c of The Municipal Act, as re-enacted by Rev. stat..
subsection 1 of section 3 of The Municipal Amendment Act^lig^Y^'Q'Qg'
1947, is amended by adding thereto the following subsection :|j^^g^^^g^'

(lo) Where, in an improvement district, a high school provision
district is estabHshed and a separate school is main- '"® trustees.
tained, one of the trustees appointed under subsection
1 shall be a separate school supporter.

Rev. Stat..

(2) Subsection 4 of the said section 44c is repealed and the subs. 4 "

following substituted therefor: s. 3 (i)°), '

re-enacted.

(4) The board, with respect to the improvement district, decerned
shall function as every local board, except a separate *^'^^^^iocai
school board, within the meaning of The Department Rev. stat.,
of Municipal Affairs Act.

2. — (1) Clause / of subsection 1 of section 53 of ^^^ ^^e/^^Vo
Municipal Act is amended by striking out the words "ansubs. i, ci./*
electric railway, street railway or steam railway" in the fourth
line and inserting in lieu thereof the words "a transportation
system", so that the said clause shall now read as follows:

Rev. Stat.,
c. 260, s. 53,
subs. 6,
amendec).

(2) Subsection 6 of the said section 53 is amended by
strikinji^ out the wortis "an electric railway, street railway or
steam railway" in the fourth and fifth lines and inserting in
lieu thereof the words "a transportation system", so that the
said subsection shall now read as follows:

Appoint-
ments to two
commissions,
etc.

Rev. Stat.,
cc. 62, 286.

Rev. Stat.

c. 266. 8. 65.

subs. 1

(1947,

c. 69, R. 9).

amended.

Power to fix
nomination
and polling
days.

(1) The council may, not later in the year than the 1st
day of November, fix the day for the meeting of
electors for the nomination of candidates for council
and for any local board or commission any members
of which are to be elected by ballot by the electors
and the day for the polling, provided that the days
so fixed occur during the period from the 15th day
of November to the 2nd day of January both inclu-
sive, and are other than a Sunday or the 24th, 25th
or 31st days of December, and that the day fixed
for nominations is not less than seven days prior to
the day fixed for polling, and the by-law shall remain
in force from year to year until repealed.

Rev. Stat 4. — (1) Subsection 2 of section 171 of The Municipal Act

subs. 2, 'is amended by striking out the figures "76" in the fifth line

and inserting in lieu thereof the figures "65", so that the said

subsection shall now read as follows:

In oflfloe of
mayor, reeve
and deputy
reeve in
towns and
villages.

(2) Where the oflfice of mayor, reeve or deputy reeve
of a town or of reeve or deputy reeve of a village or
township becomes vacant after the 1st day of
November in any year or after the 1st day of October
where a by-law has been passed under section 65, and
an election to fill the vacancy has not been ordered
in a judicial proceeding, the council may elect one
of its number to fill the office for the remainder of
the term.

(2) Subsection 3 of the said section 171 is amended byRev. stat.,
striking out the figures "76" in the third line and inserting in amended,
lieu thereof the figures "65", so that the said subsection shall
now read as follows:

(3) Where a vacancy occurs in the office of councillor when

after the first day of November in any year or after need not he
the 1st day of October where a by-law has been
passed under section 65 and an election has not been
ordered in a judicial proceeding, it shall not be
necessary that the vacancy be filled if the council so
directs.

5. Section 190 of The Afunicipal Act is amended by striking R^v stat.
out the words "in chambers" in the first line, so that the said amended,
section shall now read as follows:

190. The judge or master forthwith after rendering his Judgment
decision shall return the same with all things had turned^'o
before him touching the proceeding, to the proper ^^^eV
officer of the court, there to remain of record as a °^ ^ou^t.
judgment of the court, and the judgment may be
enforced for the costs awarded by execution and in
other respects in the same manner as an order of
mandamus.

6. Subsection 2 of section 304 of The Municipal Act is Rev. stat..

, , , ... , 1 11- 1,, • 1 c. 266. s. 304,

amended by strikmg out the words mcome and m the subs. 2,
fourth line, so that the said subsection shall now read as follows: ^

(2) "Rateable property" when used in this Act or in any "Rateable
by-law heretofore or hereafter passed which directs
the levying of a rate on the rateable property in the
municipality or any part of it, shall include business ^^^^ g^^^
assessment as defined by The Assessment Act. c. 272.

7. Subsection 6 of section 305 of The Municipal Act is Rev. stat.,

, , , ... , , , r K 1 . c. 266, s. 305.

amended by stnkmg out the words and figures subsections subs. 6,
4 and 5" in the first line and inserting in lieu thereof the
word and figure "subsection 5", so that the said subsection
shall now read as follows:

(6) In the cases provided for by subsection 5, the by-law Amount to
shall provide for raising in each year in which an annually,
instalment becomes due by a special rate on all the
rateable property in the municipality, a specific sum
sufficient to pay it when and as it becomes due.

8. Clause i of subsection 3 of section 307 of The Municipality- sta.t.

. . , , ^ o. 266, s. 307,

-(4 cMs repealed. . subs. 3, ci. »,

repealed.

9. Sections 360 and 361 of The Municipal Act are repealed.

Rev. Stat.,
o. 266,
S8. 360. 361,
repealed.

10. — (1) Subsection 1 of section 388 of The Municipal Act
c. 266, 8. 388. is amended by striking out all the words after the word "apart-
amended, ments" in the second line, so that the said subsection shall now
read as follows:

Custody of
gaolB.

(1) The sheriff shall have the care of the county gaol,
gaol offices and yard and gaoler's apartments.

(2) Subsection 2 of the said section 388 is repealed and the

Rev. Stat..

Bubs. 2. re- 'following substituted therefor:

enacted.

Appointment
of gaoler,
etc.

(2) The Lieutenant-Governor in Council may appoint
the gaoler, gaol surgeon and other gaol employees,
and fix their salaries which shall be paid by the
county or city, as the case may be.

Sick leave
credits.

1947, o. 89.

Workmen's
compensa-
tion.

Rev. Stat.,
O. 204.

(4) For the purposes of The Workmen's Compensation
Act, every gaoler and gaol employee shall be deemed
to be an employee of the county or city as the case
may be.

"Qaol
surgeon".

(5) For the purposes of subsections 3 and 4, a gaol surgeon
shall be deemed not to be a gaol employee.

11. — (1) Paragraph 1 of section 404 of The Municipal

Rev. Stat.,

para. 1,' ' Act \s repealed and the following substituted therefor:

re-enacted.

Sports.

1. For aiding athletic or aquatic sports, and for making
grants or gifts to persons in recognition of outstanding
achievements in athletic, aquatic or other games or
contests.

Rev. stDt.. (2) Paragraph 2a of the said section 404, as enacted by
para. 2 o ' subsection 1 of section 48 of The Municipal Amendment Act,
8. 48 (i') ). ' 1946, is repealed and the following substituted therefor:

re-enacted.

Community
programmes.

Rev. Stat.,
c. 356.

(3) The said section 404 is further amended by adding Rev. stat.,
thereto the following paragraph : amended* **

Oil Pipes, etc., on Highways.
4Sa. Notwithstanding any other Act, for laying, or main- Laying of

. . c .1 • • ^1 pipes for oil,

tammg, or tor authonzmg any person to lay, use or etc.

maintain pipes or conduits for transmitting gasoline,

oil, anti-freeze, brine or other similar products along,

under, in or upon highways or land owned by the

municipality; and for making such annual or other

charge for the privilege conferred as the council may

deem reasonable; and for entering into agreements

with persons for the use by them of such pipes or

conduits on such terms and conditions as may be

agreed upon.

(a) Such annual or other charge and any expense
incurred by the corporation in restoring the
highway to its former condition shall be pay-
able and payment may be enforced in like
manner as taxes.

(4) Every agreement now in force with respect to pipes or Present
conduits that conforms with paragraph 48a of section 404 of

The Municipal Act, as enacted by subsection 3 of this section
shall be deemed to have been made pursuant to the authority
of the said paragraph.

12. — (1) Section 405 of The Municipal Act is amended by Rev. stat..
adding thereto the following paragraphs: amended.

Firemen, etc.

ZQh. For appointing fire wardens, fire engineers and EstabUsh-
firemen and for promoting, establishing, and regu- companies,
lating fire, hook-and-ladder, and property saving
companies.

Pits and Quarries.

39b. For prohibiting the making of pits and quarries in pits and
the municipality or regulating the location of them, "lu^^rries.
provided that the making or locating of a pit or
quarry in contravention of the by-law in addition
to any other remedy may be restrained by action at
the instance of the corporation.

Stables, etc.

Ijocation of
Btahles,
garages, etc.

44a. For regulating the location, erection and use of
stables, garages, barns, outhouses and manure pits.

Marking the
boundaries
of and
naming
streets, etc.

Proceedings
for changing
names of
streets.

Regulating
traffic.
Rev. Stat.,
c. 288.

Naming and Surveying Streets.

47c. To provide for surveying, settling and marking the
boundary lines of highways and giving names to them
or changing their names, and for affixing the names at
the corners thereof, on public or private property.

(b) A by-law for changing the name of a highway

in a city or town shall state the reason for
the change, and shall not be finally passed
until it has been approved by a judge of the
county or district court of the county or
district in which the municipality is situate.

shall appoint a day, hour and place for con-
sidering the by-law, and for hearing those
advocating and opposing the change.

(d) A copy of the by-law and of the appointment

shall be served on the registrar of the registry
division in which the municipality is situate
at least two weeks before the time appointed,
and a notice of the application in such form
as the judge may approve shall be published
once in the Ontario Gazette at least two weeks
before the time so appointed, and at least
once a week for four successive weeks in such
other newspaper or newspapers as the judge
may direct.

(«) If the judge approves of the change he shall
so certify and his certificate shall be registered
with the by-law, and the change shall take
effect from the date of the registration.

Traffic on Highways, etc., Driving of Cattle, etc.

47d. Subject to the provisions of The Highway Traffic Act
for regulating traffic on the highways, and for pro-

(a) A bv-Iaw under this paragraph mav provide a Expeditious

, r , , " - procedures

procedure tor the voluntary payment ot authorized

penalties out of court in cases w^here it is offences.' "^^

alleged that the parking provisions of the

by-law have been contravened, and if payment

is not made in accordance with the procedure

subsection 2 of section 521 shall apply.

47e. For setting aside and designating in a suitable Safety zones.
visible manner, on any highway upon which street
cars or buses are operated, any part or parts as a
"safety zone" and for prohibiting motor or other
vehicles from driving over or upon any such safety
zone while any pedestrian is thereon or about to
enter thereon.

Children Riding behind Vehicles.

63a. For prohibiting children from riding on the plat- prohibiting
forms of cars, or riding behind or getting on waggons, rkimg^beifind
sleighs or other vehicles while in motion, and for ^^^ss*^"^' ®*°-
preventing accidents arising from such causes.

Sidewalks — Horses and Cattle upon.

63b. For prohibiting the leading, riding or driving of Driving,
horses or cattle upon sidewalks or in other places not sidewalks!
proper therefor.

Rev. Stat.,
(2) Paragraph 47a of the said section 405, as enacted by ^-^266^8.^405.

subsection 1 of settion 32 of The Municipal Amendment Act, (i947,

^ „ . ^ 'c. 69. s. 32,

1947 , IS repealed. subs, i),

repealed.

13. — (1) Paragraph 3 of section 407 of The Municipal A ct,SLS Rev. stat.,

amended by section 8 of The Municipal Amendment Act, 1938, para^3!Ve°^

is repealed and the following substituted theiefor: enacted.

S 26'6?8^467. (2) Paragraphs 10, 15, 39, 42, 44, 46, and paragraphs 47 and
af^ll* 44* 46' ^^ ^^ amended by subsections 3 and 4 respectively of section
4?; 48. re- '51 of The Municipal Amendment Act, 1946, of the said section
407 are repealed.

(3) The said section 407 is further amended by adding
o^266f8*467. thereto the following paragraph:

amended.

Strayed
pigeons.

Strayed Pigeons.

53. For empowering officers of the municipality, upon
the complaint of the owner or occupant of any
premises, to enter upon such premises and the land
and buildings in the vicinity thereof, for the purpose
of trapping, removing or exterminating strayed
pigeons which are causing annoyance to the owner
or occupant or damages to such premises.

^2^6^ g^408, ^^- Clause b of paragraph 6 of section 408 of The Municipal
(*f946^' *^'' * "^^^' ^^ re-enacted by section 52 of The Municipal Amendment
6o/s^^52), Act, 1946, is amended by inserting after the word "and" in
the sixth line the words "the by-law may require that", so
that the said clause shall now read as follows:

amended.

Ticket
showing
weight
required.

Rev. Stat.,
o. 266, 8. 420,
para. 14,
amended.

{b) A by-law passed under this paragraph may require
coal and other fuel dealers to make out a ticket
showing the weight or quantity of the coal or other
fuel purchased after the same is weighed or measured
in accordance with the by-law, and the by-law may
require that the amount so specified and the ticket
shall be delivered to the purchaser.

15. — (1) Paragraph 14 of section 420 of The Municipal
Act, as amended by subsection 3 of section l^of The Municipal
Amendment Act, 1941, is further amended by inserting after
the word "licenses" in the second line the words "and for
revoking such licenses", and by adding at the end of clause a
the words "or for washing or cleaning motor vehicles", so
that the said paragraph shall now read as follows:

Public
garages, —
licensing,
etc.

(2) The said section 420 is further amended by adding Rev. stat.,

, ^ , f „ . , ^ " c. 266.8. 420,

thereto the tollowmg paragraph: amended.

Licensing Public Baths.

16a. For licensing, regulating and governing owners or Public bath
keepers of any class or classes of public bath premises
operated for profit, and for revoking any such license.

16. — (1) Paragraphs 7, 9 and 10, paragraph 10a as enacted ^®2'6'6^s^423.
by subsection 3 of section 54 of The Municipal Amendment Act, \q^^xq]' ^'
1946, paragraphs 11, 12 and 13, and paragraph 13a as enacted ^^V'^\o< ^^'
by subsection 3 of section 54 of The Municipal Amendment 'i^^. ^2, 13',
Act, 1946, of section 423 of The Municipal Act are repealed. (i946, c. eo,

S. 54 (3) ),
repealed.

(2) Paragraph 16 of the said section 423, as amended by Rev. stat.,
subsection 2 of section 54 of The Municipal Amendment -^^^ pa^a^il' *^^'
1946, is further amended by striking out the figure "4" in ai^ended.
the second line, so that the said paragraph shall now read as
follows:

16. For exercising the powers conferred on cities and ^nd lend^ing
towns by paragraphs 12 and 13 of section 414. libraries.

17. Paragraph 12 of section 425 of The Municipal Act is Rev. stat.,
amended by striking out all the w^ords after the word "thereof" para. 12',
in the third line, so that the said paragraph shall now read ^"^^"^ ® •
as follows:

12. For erecting and maintaining weighing machines Erecting
within the municipality or within an adjacent tainin^g''^"
village, and charging fees for the use thereof. nxsichlnis.

18. — (1) Clauses/ and g of section 426 of The Municipal ^e:v stat

A , * t c. 266, s. 426,

Act are repealed. ci.s. /, g,

repealed.

(2) Clause h of the said section 426 is amended by striking Rev. stat.,
out the word "Junk" in the first line and inserting in \ieu^[^ff'^-'^^^'
thereof the word "Salvage", so that the said clause shall now a'"®"'^®^-
read as follows:

(h) Section 430, under the heading "Salvage and Second-
hand Shops, etc."

c^Y66?*8!*428 •^®- Section 428 of The Municipal Act, as enacted by sec-
cHt^'s 41) ^*^" ^^ ^^ ^^^ Municipal Amendment Act, 1947, is amended by
amended. ' adding thereto the following paragraph:

keTpVrs!^'^^ 3. For licensing, regulating and governing persons keeping

boats for hire, and for regulating and inspecting
boats kept by such person, and for revoking any such
license.

Rev. Stat.. 20. — (1) Clause a of paragraph 1 of section 433 of The
para. i.ci. a Municipal Act, as re-enacted by subsection 2 of section 42 of
c. ggI's. 42. The Municipal Amendment Act, 1947, is amended by adding
ame'iided. the word "or" at the end of subclause iii, and by adding thereto
the following subclauses:

(iv) if the goods, wares or merchandise are hawked,
peddled or sold by a person who pays business tax
in the municipality, or by his employee, or by his
agent, or

so that the said clause shall now read as follows:

When license (a) No such license shall be required for hawking, peddl-

not required. ^ . ... , ^ i i-

mg or sellmg goods, wares or merchandise,

(i) to wholesale or retail dealers in similar goods,
wares or merchandise, or

(iii) if the goods, wares or merchandise are grown
or produced by a farmer resident in Ontario
who offers for sale or sells only the produce of
his own farm, or

(iv) if the goods, wares or merchandise are hawked ,
peddled or sold by a person who pays business
tax in the municipality, or by his employee,
or by his agent, or

(2) Clause g of paragraph 1 of the said section 433 is am- ^ 2^66^3^4^3
ended by striking out all the words after the word "resided" para, i.'ci. «,'
in the seventh line and inserting in lieu thereof the words "but
no license fee in excess of S2 shall be prescribed in the by-
law without the approval of the Department of Municipal
Affairs", so that the said clause shall now read as follows:

21. — (1) Paragraph 3g of section 439 of TJie Municipal^^2QQ'^^\hQ
Act, as enacted by section 59 of The Municipal AmendmentP^^^-^s
Act, 1946, is amended bv adding thereto the following clause: c- so.'s. 59).

amended.

{b) No by-law prescribing a license fee,

(i) in excess of $10 per cabin with a maximum of
$100, for a tourist camp, or

(ii) in excess of $100 for a trailer camp,

shall come into force or take effect until approved by
the Department of Municipal Affairs.

(2) Paragraph 5 of section 439 of The Municipal Act isRev. stat..

J J U : -I • ^ ^u J <<• " • ^L .L- , c. 266,8.439.

amended by strikmg out the words mcome or m the third para. 5.
line, so that the said paragraph shall now read as follows: ^men e .

5. For licensing, regulating and governing transient Licensing
traders and other persons whose names have notiating
been entered on the assessment roll in respect of traders"
business assessment for the then current year, and
who offer goods, wares or merchandise for sale by
auction, conducted by themselves or by a licensed
auctioneer or otherwise, or who offer them for sale
in any other manner.

^®26-6fs*439. (^) Paragraph 6 of the said section 439 is amended by

amended Striking out the words "income or" in the third line, so that

the first five lines of the said paragraph shall now read as follows:

as^to'obTaln- ^- Fo^ requiring transient traders and other persons

before^dofng whose names are not entered on the assessment roll

business. or are entered on it for the first time, in respect of

business assessment, and who so offer goods, wares or
merchandise for sale, to pay a license fee before com-
mencing to trade.

J'^/eef 8^440. 22. Paragraph 2 of section 440 of The Municipal Act is
amended amended by striking out the word "junk" in the first line and

inserting in lieu thereof the word "salvage", so that the said

paragraph shall now read as follows:

Salvage
shops buy-
ing from
minors.

Rev. Stat.,
c. 266. 8. 507,
para. 3,
amended.

Areas and
openings
under
higbways.

2. For prohibiting keepers of second-hand shops or salvage

stores or shops, directly or indirectly purchasing
from, exchanging with, or receiving in pledge from
any minor appearing to be under the age of eighteen
years, without written authority from a parent or
guardian of such minor, any metals, goods, or articles.

23. Paragraph 3 of section 507 of The Municipal Act is
amended by inserting after the word "sidewalks" in the ninth
line the words "and canopies which project over the side-
walks", and by inserting after the word "device" in the fourth
line of clause b thereof the words "or canopy", so that the said
paragraph shall now read as follows:

3. For permitting the owners of land to make, maintain

and use areas under and openings to them in the
highways and sidewalks and for permitting the owners
of land abutting on one side of a highway to construct,
maintain and use a bridge or other structure over,
across or under the highway for the purpose of access
to land owned by such owners on the other side of the
highway, and for permitting the owners of land to
maintain and use signs and other advertising devices
which project over the sidewalks, and canopies which
project over the sidewalks, for prescribing the terms
and conditions upon which the same shall be made,
constructed, maintained and used, and for making
such annual or other charge for the privilege con-
ferred by the by-law as the council may deem reason-
able, and for providing that upon the termination of
such privilege the highway shall be restored to its
former condition at the expense of the owner of the
land to which the privilege is appurtenant by filling
• in the area or opening, removing the bridge, structure,
sign or other advertising device, or otherwise as
may be required by the by-law.

(a) Such annual or other charge and any expense Annual

• A u 4.U ..' ' ^ ■ ^u charge for.

incurred by the corporation m restoring the
highway to its former condition shall be
payable and payment of it may be enforced in
like manner as taxes are payable and payment
of them may be enforced.

(b) The corporation shall be liable for any want Liability of

r • r ^1 1 • t 1-1 1^ r corporation

oi repair oi the highway which may result from for damages.

the construction, maintenance and use of any

such area or opening, bridge or structure,

sign or advertising device, or canopy, but

shall be entitled to the remedy over provided

for by section 486 against the person by

whose act or omission the want of repair is

caused.

24. Section 525 of The Municipal Act, as amended byRev. stat..
section 48 of The Municipal Amendment Act, 1944 and re-ena'cted^^*
section 67 of The Municipal Amendment Act, 1946, is repealed

and the following substituted therefor:

525. Where any by-law of .a municipality or of a local Power to

rGstr3,iii

25. This Act shall come into force on the 1st day of June, ^e™|."^f'^^®t
1948.

26. This Act may be cited as The Municipal Amendment Short tme.
Act, 1948.

CD
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7i

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2.

No. 91

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

The Vital Statistics Act, 1948.

Mr. Dunbar

TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty

Explanatory Notes

This Bill is a revision of the present Act with little change in principle,
but with a considerable enlargement of the scope of the Act and changes
designed to bring the procedure into line with modern conditions and to
collect centrally as complete a record as possible of all births, marriages,
deaths, still-births, divorces, adoptions and changes of name. The Bill
also implements certain suggestions made at the Dominion-Provincial
Conference on Vital Statistics held in Ottawa in 1944 and 1947.

The provision for a registration system for adoptions and divorces is
new in that in the past the practice has simply been to make notations on
the birth and marriage registrations without making an actual registration
of adoptions and divorces. The registration of changes of names is trans-
ferred from the Registrar of the Supreme Court to the Registrar-General
in accordance with the principle that all vital records should be kept in one
place.

A further principle is contained in the provisions respecting certificates.
Henceforth no birth certificate will show the parents of the child, and conse-
quently will not show that a child is illegitimate or has been adopted.
Where a child is adopted, any birth certificate issued thereafter will show
the adopted name only. Cause of death will not be shown on a death
certificate. These particulars will be shown only on certified copies of
registrations, and certified copies of registrations of births, deaths or still-
births will not be obtainable except on an order of a court or of the Registrar-
General.

A further principle is that registrations will not be evidence to contra-
dict the common law presumption of legitimacy where a child is born to a
married woman. This principle is implemented in subsections 3 and 4
of section 6 and in subsection 4 of section 41.

Provision is also made for an exchange of information with other
jurisdictions in the case of adoptions, and with other provinces in the case
of divorces, so that where persons whose births or marriages are registered
in Ontario are adopted or divorced elsewhere, the registrations may be
kept up to date.

No alteration shall be made in a registration itself, but errors may be
corrected and adoptions, changes of names and divorces shall be noted
on the registration by means of notations.

The fees payable to division registrars in unorganized territory are
increased from twenty-five cents per registration to fifty cents per regis-
tration.

No. 91 ' 1948

BILL

The Vital Statistics Act, 1948.

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

INTERPRETATION.

1. In this Act,— l^tioT-

(a) "birth" means the complete expulsion or extraction "birth";
from its mother of a foetus which did at any time

after being completely expelled or extracted from
the mother breathe or show any other sign of life,
whether or not the umbilical cord was cut or the
placenta attached;

(b) "cemetery" includes a vault, a mausoleum and any "cemetery"

land which is set apart or used for the interment of
the dead or in which bodies are buried; R.S.O.
1937, c. 88, s. 1, cl. (a), amended.

charge of a cemetery or crematorium under the
authority of the owner thereof;

(d) "certificate" means a certified extract of the pre- "certiflcats*
scribed particulars of a registration in the records

of the Registrar-General;

(e) "cremation" means the disposal of a dead body by ^^g''®"^^^*^^"'

incineration under The Cemetery Act, c. 351.

(/) "Deputy Registrar-General" means the Deputy ^^eputy^^
Registrar-General appointed under this Act; General" ;

(g) "division registrar" means division registrar ap- J.^^^gj^^^^'^^"..
pointed under this Act and includes an Indian-
agent ;

'divorce";

"error";

(h) "divorce" means dissolution and annulment of mar-
riage and includes nullity of marriage;

(i) "error" means any incorrect information and includes
omission of information; New.

"funeral
director";

"incapable";

(j) "funeral director" means a person who takes charge
of the body of a still-born child or a deceased person
for the purpose of burial, crenvation or other dis-
position; 1942, c. 34, s. 40 (1), amended.

(k) "incapable" means incapacity through death, illness,
absence from Ontario or otherwise;

"Indian"; (/) "Indian" means an Indian within the meaning of

R.s.c.c. 98. the Indian Act (Canada) but does not include an

enfranchised Indian;

"Indian-
agent";

"inspector";

(m) "Indian-agent" means an Indian-agent within the
meaning of the Indian Act (Canada); New.

(w) "inspector" means an inspector of vital statistics
appointed for the purposes of this Act; R.S.O. 1937,
c. 88, s. 1, cl. (c), amended.

"notation";

"munici-
pality";

"nurse";

(o) "notation" means any addition to, or alteration of,
a registration in the records of the Registrar-General
or a division registrar; New.

(p) "municipality" means a city, town, village, organ-
ized township^or improvement district; R.S.O. 1937,
c. 88, s. 1, cl. (d), amended.

(q) "nurse" includes any person, other than a legally
qualified medical practitioner, who attends at the
birth of a child; R.S.O. 1937, c. 88, s. 1, cl. (e),
amended. '

"occupier";

"prescribed
form";

(r) "occupier" includes a governor, keeper, warden,
superintendent, manager or resident physician of any
gaol, prison, penitentiary or other place of detention,
a children's home or orphanage, a public or private
medical, surgical, maternity or mental hospital, or
any public or private charitable institution, a
manager of an hotel, and a keeper of a house for
public accommodation, a tourist camp or other
stopping-place for j)ersons; R.S.O. 1937, c. 88, s. 1,
cl. (/), amended.

(s) "prescribed form" means the form prescribed by the
regulations; R.S.O. 1937, c. 88, s. 1, cl.(g), amended.

(/) "Registrar-General" means the member of the Ex- Q^^gi^strar-
ecutive Council who is charged with the adminis-
tration of this Act; R.S.O. 1937, c. 88, s. 1, cl. {h),
amended.

(u) "religious body" means a church or any religious ^o^'y^i^"®
denomination, sect, congregation or society.

(v) "state" means any state or territory of the United "state";
States of America, or the District of Columbia; and

New.

(w) "still-birth" means the complete expulsion or ex- "stiii-birth'
traction from its mother after the twenty-eighth
week of pregnancy of a foetus which did not at any
time after being completely expelled or extracted
from the mother breathe or show any other sign of
life. 1943, c. 28, s. 40, part, amended.

ADMINISTRATION.

2. — (1) The Registrar-General shall direct a uniform system uniform
of registration of births, marriages, deaths, still-births, adop- ^elistration.
tions, divorces and changes of name in Ontario, and shall be
charged with the enforcement of the provisions of this Act.
R.S.O. 1937, c. 88, s. 8 (1), part, amended.

(2) The Registrar-General shall cause the registrations of ^®^^|*^j^j^j^[^
births, marriages, deaths, still-births, adoptions, divorces and ]i®'"®.^^^^
changes of name occurring in Ontario and received in his office General.

to be numbered in seven separate series and otherwise syste-
matically filed according to each calendar year in accordance
with the regulations and carefully kept in vaults provided for
that purpose.

(3) The Registrar-General shall cause the said registrations indexing.
to be indexed separately according to each calendar year, and

each index shall contain the numbers and such other particulars
of the registrations as may be prescribed by the regulations.
R.S.O. 1937, c. 88, s. 10, amended.

3. — (1) The Registrar-General shall examine the registrations Examination
received from the division registrars, and if the registrations t^Q^I^^^*'"^'
are incomplete or unsatisfactory, he shall require such informa-
tion to be supplied as may be necessary to complete the
registration. R.S.O. 1937, c. 88, s. 8 (2), amended.

(2) Where it is found upon examination that any registra- Registrations
tion received from a division registrar is incomplete as to the^° ^^^^^

required signatures, the Registrar-General shall cause the
registration to be returned by registered mail to the proper
division registrar in order that the signatures may be obtained.

(3) The Registrar-General shall cause all deaths registered

Classifica-
tion by
International under this Act to be classified according to the International

Causes of List of Causes of Death as revis(?d at the last decennial

revision thereof by the International Commission assembled

for that purpose and he shall supply free of charge to every

legally qualified medical practitioner in Ontario a Physician's

Pocket Refei'ence Book explanatory of such list.

of^Registrar- ('^) ^^^ Registrar-General may collate, pub'ish and dis-
Oenerai. tribute such Statistical information regarding the births, mar-
riages, deaths, still-births, adoptions, divorces and changes of
name registered during any period as he may deem to be
necessary and in the public interest. New

Annual
report of
Registrar-
Oeneral.

(5) As soon after the 1st day of January in each year as
convenient, the Registrar-General shall cause to be printed,
for the use of the Legislative Assembly and for public informa-
tion, a full report of the births, marriages, deaths, still-births,
adoptions, divorces and changes of name for the preceding
calendar year. R.S.O. 1937, c. 88, s. 4, amended.

by^RegisTrar- (6) The Rcgistrar-Geucral shall prepare and issue to every
Qenerai. division registrar such detailed instructions as may be required
to procure the uniform observance of the provisions of this
Act. R.S.O. 1937, c. 88, s. 8 (1), part, amended.

Deputy

Registrar-
General.

1947, C.89.

4. — (1) There shall be a Deputy Registrar-General ap-
pointed by the Lieutenant-Governor in Council who shall be
deemed to be a deputy minister under The Public Service Act,
1947, and who shall have direct supervision of the office of
the Registrar-General and be directly responsible to the
Registrar-General for the conduct of his office, and shall
perform such other duties as may be prescribed by the regula-
tions or delegated to him by the Registrar-General. New.

Appointment (2) The Lieutenant-Governor in Council may appoint
inspectoral. ° inspectors of vital statistics for the purpose of this Act, who
shall perform such duties as may be prescribed by the regula-
tions. R.S.O. 1937, c. 88, s. 3, amended

REGISTRATION OF BIRTHS.

Duty of 5. — (1) Every legally qualified medical practitioner who

practitioner, attends at the birth within Ontario of a child shall give notice
of the birth.

(2) Where no legally qualified medical practitioner is in Duty of
attendance at the birth, the nurse in attendance shall give the
notice of the birth.

(3) The notice of the birth shall be in the prescribed form Mode of
and shall be given by delivering or mailing the notice within noYicf.
two days after the day of birth to the division registrar of the
registration division within which the child was born. R.S.O.

1937, c. 88, s. 20, amended.

(4) The notice so given shall be transmitted by the division Notice to be
registrar to the Registrar-General and preserved by the
Registrar-General until such time as the registration of the

birth has been completed under this Act. New.

6.— (1) Within thirty days after the day of the birth g*^b*h-th.''*
within Ontario of a child, —

(a) the mother;

{h) if the mother is incapable, the father;

{c) if the mother and father are incapable, the person
standing in the place of the parents of the child; or

{d) if the mother and father are incapable and there is

> no person standing in the place of the parents of the

child, the occupier of the premises in which the child

is born, if he has knowledge of the birth, and the

nurse or other person present at the birth,

shall complete, certify and deliver or mail a statement in the
prescribed form respecting the birth to the division registrar
of the registration division within which the child was born,
provided that the Registrar-General may accept the statement
of the father although the mother is not incapable. R.S.O.
1937, c. 88, s. 21 (1, 2), amended.

(2) Notwithstanding the provisions of subsection 1, the Xo duty on
father of an illegitimate child shall not be required to register jfiegftimate
the birth of such child. register.

(3) The statement shall state whether the mother of the contents of
child is single, married, widowed or divorced, but shall not®*^*®'"®"*-
state whether the parents of the child are married to each

other.

(4) No indication of the paternity of the child shall be given ^ji[*j^t°*^
in the registration of the birth of a child of a married wom.an, married
but the particulars of the husband may be given, provided

that the statement shall not be rendered unreceivable by
reason only of failure to supply the particulars of the husband.
New.

Name of

illegitimate

child.

(5) In the registration of the birth of a child of an un-
married woman, the child shall be registered in the name of
the mother and no person shall be named as the father, pro-
vided that where the person acknowledging himself to be the
father and the mother so request in writing, the father may.
be named and the child registered in the name of the father
in accordance with the request, and if such request is made
after the registration of the birth the Registrar-General may
aiiiend the registration in accordance with the request by
making a notation thereon. R.S.O. 1937, c. 88, s. 23 (1),
amended.

Plural
births.

(6) If more than one child is delivered from the mother
during a single confinement, a separate statement for each
child shall be completed, certified and delivered or mailed as
provided in subsection 1, and in each statement the number of
children born during the confinement and the number in the
order of birth shall be given. New.

Violation. y jf ^j^^ statement respecting the birth of a child is not

completed, certified and delivered or mailed in the manner
and within the time provided in section 6, every person upon
whom the duty of completing, certifying and delivering or
mailing the statement is imposed by section 6 shall remain
liable to perform that duty notwithstanding the expiration
of the time so provided, and shall, in respect of each successive
period of thirty days thereafter during which he neglects so
to complete, certify and deliver or mail the statement, be
guilty of a violation of this Act. New.

8. — (1) Upon receipt, within one year from the day of the
birth of a child, of a statement in the prescribed form respect-
ing the birth, the division registrar if he is satisfied as to the
correctness and sufficiency thereof, shall register the birth by
signing the statement, and thereupon the statement shall
constitute the registration of the birth. R.S.O. 1937, c. 88,
s. 25, amended.

Acknovviedg- (2) Upon the registration of a birth, the division registrar
registration, shall issue to the person registering the birth, without charge,
an acknowledgment of the registration of the birth in the
prescribed form. R.S.O. 1937, c. 88, s. 21 (3), amended.

Registration
of birth.

Not a
certificate.

(3) The acknowledgment of registration of a birth shall not
be deemed to be or be used in any way as a birth certificate.

register after (^^ ^ division registrar shall not register a birth after one
one year. year from the day of the birth, R.S.O. 1937, c. 88, s. 42, part,
amended.

of^blrth'b^" ^- — (^) '^ ^^^ ^•''^^ °^ ^ ^^''^ ^^^ "^^ ^^^" registered within
Registrar- one year from the day of the birth, application for the registra-

tion of the birth ma}* be made to the Registrar-General in
the prescribed form b>' the person whose birth has not been
registered or by any other person.

Method of

(2) The appHcation shall be accompanied by,— fo^r''fS-°"

tration.

(a) the prescribed fee;

(b) the statement provided for in subsection 1 of section

6, completed and certified;

applicant or any other person; and

(d) such other evidence as may be prescribed b}- the

regulations.

(3) If the Registrar-General is satisfied as to the bona tion fee.
fides of the application and the correctness and sufficiency

of the evidence adduced in support thereof, and that the
regulations have been complied with, he may register the
birth by signing the statement, and thereupon the statement
shall constitute the registration of the birth. R.S.O. 1937,
c. 88, s. 42, part, amended.

10. — (1) If a living new-born child is found deserted, the ^""^ ^"^^'
person w^ho finds the child and any person in whose charge
the child is placed shall give to the best of his knowledge and
belief to the division registrar of the registration division
within which the child is found, within seven days after the
finding or taking charge of the child, such information con-
cerning the birth of the child as the informant may possess.
R.S.O. 1937, c. 88, s. 22, amended.

(2) The division registrar, upon receipt of such information ^1"*'?^,^°'^
regarding the birth of the child, and upon being satisfied that registrar,
every effort has been made to identify the child without
success shall, —

(a) cause the person who found or has charge of the
child to complete a statutory declaration concerning
the facts of the finding of the child and to complete
and certify, so far as the person is able, a statement
in the prescribed form required under subsection 1
of section 6;

(b) cause the child to be examined by the local medical

officer of health or a legally qualified medical prac-
titioner with a view to determining as nearly as
possible the day of the birth of the child, and the

examiner shall make a statutory declaration setting
forth the facts as determined by the examination;
and

Fee.

(c) make a detailed report of the case and transmit the
report to the Registrar-General together with
evidence regarding the birth of the child.

(3) A legally qualified medical practitioner shall receive
a fee of S5 for the examination under clause b of subsection 2,
which fee shall be paid by the Treasurer of Ontario out of the
Consolidated Revenue Fund.

Registration
of birth of
foundlings.

(4) The Registrar-General, upon receipt of the evidence
referred to in subsection 2, shall review the case and upon
being satisfied as to the correctness and sufficiency of the facts
stated, shall register the birth and for the purpose of regis-
tration shall establish for the child, —

Subsequent
registration
if child
identified.

(a) a date of birth;

(b) a place of birth ; and

(5) If, subsequent to the registration, the identity of the
child is established to the satisfaction of the Registrar-
General, he may by order set aside the registration made
pursuant to this section and cause the substitution of a new
registration of the birth in accordance with the actual facts
of the birth, and cause the original registration to be with-
drawn from the registration files and kept in a separate file
and sealed.

Date of
registration.

(6) Where the identity of the child is established and a
new registration is made pursuant to subsection 5, the date of
the new registration shall be the date of the original regis-
tration.

Cancella-
tion of cer-
tificates.

(7) The holder of a certificate issued in respect of a registra-
tion of a birth made pursuant to subsection 4, which registra-
tion has been withdrawn pursuant to subsection 5, shall
deliver it forthwith upon demand to the Registrar-General
for cancellation. New.

?f®chnd^*'°" 11. — (1) Where a child has been legitimated by the sub-
leKitimated sequent intermarriage of his parents, then upon the parents, —

quent

marriage. (^^ completing and certifying the statement required

under subsection 1 of section 6;

(b) delivering the statement, together with such evidence

as to the legitimation as is required by the regulations,
to the Registrar-General; and

(d) register the birth as if the parents had been married

to each other at the time of the birth; and

(e) make a notation on the statement that the registra-

tion was made under this section,

and the statement shall constitute the registration of the birth,
provided that upon proof that one of the parents is dead or
mentally incapable, the application may be made by the other
parent.

(2) Where the birth of the child has been registered before Original

1 • 1 • • 1 • • 1 11 1 -11 r registration

the marriage, the origmal registration shall be withdrawn from to be with-
the registration files and shall be kept in a separate file and
sealed. 1939, c. 47, s. 33, amended.

12. — (1) Where the birth of a child has been registered, Alteration

J * ' of given

and, — name of

child.

(a) the given name by which the child was registered
has been changed; or

(b) the child was registered without a given name,

the Registrar-General, upon payment of the prescribed fee
and upon receipt of a statutory declaration containing such
particulars as may be prescribed by the regulations as to the
change or giving of the given name, completed by the father,
mother or guardian of the child, or the person procuring the
name to be changed or given, shall cause a notation of the
alteration or addition to be made on the registration of the
birth.

(2) Where the change of the given name is effected by Baptismal
baptism, a certificate of baptism signed by the person who to be filed,
performed the rite of baptism shall be filed with the statutory
declaration. R.S.O. 1937, c. 88, s. 27 (1), amended.

(3) This section shall apply only where the given name of Applicability
the child was changed or the new name given within ten

years after the birth of the child.

on'auera'-" ('*) ^** notation shall be made in a registration regarding
tions to the given name of a child except in the manner prescribed in

given name. t • < , • . <■ . • »

subsection 1, or pursuant to the provisions of this Act in
resp)ect of adopted children, changes of names and correction
of errors.

Notation to (^) Every notation made pursuant to this section shall be
i'lfittaUed ^"*^ dated and initialled by the officer designated by the regula-
tions.

Changes to
be shown on
certificate.

(6) If subsequent to the making of a notation pursuant to
this section application is made for a birth certificate, the
certificate shall be prepared as if the registration had been
made containing the changed or new given name at the time of
registration, but if a certified copy of the registration is re-
quired, the certified copy shall contain a copy of the notation
made pursuant to subsection 1. New.

REGISTRATION OF STILL-BIRTHS.

Statement re
still-births.

Medical
certificate.

13. — (1) In the case of a still-birth within Ontario, the
person who, in the case of a birth, would have been required
to furnish particulars of the birth under subsection 1 of section
6, shall complete, certify and deliver a statement in the pre-
scribed form respecting the still-birth to the funeral director in
charge of the body.

(2) The legally qualified medical practitioner in attendance
at a still-birth, or where there is no legally qualified medical
practitioner in attendance, a coroner shall complete a medical
certificate in the prescribed form of the cause of the still-birth
and shall deliver it to the funeral director in charge of the body,

funerai*^ (3) Upon receipt of the statement and the medical certifi-

director. cate, the funeral director shall complete the statement setting
forth the proposed date and place of burial, cremation or
other disposition or the removal of the body and shall deliver
the statement and medical certificate to the division registrar
of the proper registration division.

of®8tm-^*^°" (4) Upon receipt of the statement and the medical certifi-
birth. catg thg division registrar, if he is satisfied as to the correctness

and sufficiency thereof, shall register the still-birth by signing
the statement and medical certificate and thereupon the
statement and medical certificate shall constitute the regis-
tration of the still-birth.

Burial
permit.

(5) Upon the registration of a still-birth, the division
registrar, without the payment of any fee, shall forthwith
prepare and deliver to the person requiring the same for the

purpose of the burial, cremation or other disposition or
removal of the body of the still-born child, —

(a) an acknowledgment that the still-birth has been

registered ; and

(b) a burial permit for the purpose of the burial or other

disposition of the body.

(6) Subject to the provisions of this section, sections 5 to 9, of^s^/s^srii.
11 and 16 to 23 shall apply mutatis mutandis to still-births. 16-23.
1943, c. 28, s. 40, amended.

REGISTRATION OF MARRIAGES.

14. — (1) In addition to any registration of a marriage Marriages,
required under The Marriage Act, every marriage that isRev. stat..
solemnized within Ontario shall be registered under this Act.

New.

(2) Every person authorized by law to solemnize marriages Person
shall complete a statement in the prescribed form as to each to complete
marriage solemnized by him, which statement shall be signed of^marr^ge.
by each of the parties to the marriage and by at least two adult
witnesses to the marriage, and the person by whom the mar-
riage was solemnized shall certify in such statement as to the
solemnization of the marriage.

(3) The person by whom the marriage was solemnized shall f*^^!"^^"^
mail or deliver to the division registrar within two days after delivered

, , . , . , . , . -within two

the day of the marriage, the statement respecting the marriage, days.
R.S.O. 1937, c. 88, s. 29 (1), amended.

(4) Upon the receipt, within one year from the day of the Registration
solemnization of a marriage, of a statement in the prescribed °^ "carnage.
form respecting the marriage, the division registrar if he is
satisfied as to the correctness and sufficiency thereof, shall
register the marriage by signing the statement, and thereupon

the statement shall constitute the registration of the marriage.

(5) Upon receipt of the statement by the division registrar. Receipt for
he shall mail to the person by whom the marriage was solem-
nized, an acknowledgment of the receipt in the prescribed

form.

(6) A division registrar shall not register any marriage Time
after one year from the day of the marriage. New. limitation.

15. If a marriage has not been registered within one year ^®gj|^^^*''''^
from the day of the marriage, the registration may be made by by Registrar-
the Registrar-General upon such evidence as may be prescribed
by the regulations. R.S.O. 1937, c. 88, s. 42, part, amended.

REGISTRATION OF DEATHS.

registration l^- — (0 ^ he death of every person who dies within
of deaths. Ontario shall be registered in the office of the division registrar
of the registration division within which the death occurs,
or if the place of death is not known then in the office of the
division registrar of the registration division within which
the body is found. New.

respecti'ng^ (2) A Statement in the prescribed form containing personal
deceased. particulars of the deceased person shall, upon the request of
the funeral director in charge of the body, be completed,
certified and delivered to the funeral director, —

(a) by the nearest relative present at the death or last
illness, or any relative who may be available;

{h) if no relative is available, by the occupier of the
premises in which the person died, or if the occupier
be the person who has died, by any adult person
residing in the premises who was present at the death
or has knowledge of the personal particulars;

(c) if the death occurred in unoccupied premises and no
relative is available, by any adult person who was
present at the death or has knowledge of the personal
particulars; or

{d) by the coroner who has been notified of the death
and has made an inquiry or held an inquest regarding
the death. R.S.O. 1937, c. 88, s. 3i, amended.

tiffca't^e^' ^^^' (^) ^^^ legally qualified medical practitioner who was
last in attendance during the last illness of a deceased person,
the coroner who conducts an inquest on the body of a deceased
person or an inquiry into the death of a person or the local
medical officer of health who makes an investigation as provided
in subsection 2 of section 19 shall, forthwith after the death,
inquest, inquiry or investigation, as the case may be, complete
and sign a medical certificate of death in the prescribed form
for the purpose of registration of death, stating therein the
cause of death according to the International List of Causes
of Death as last revised by the International Commission
called for that purpose, and shall deliver the medical certificate
of death to the funeral director in charge of the body. R.S.O.
1937, c. 88, s. 32, amended.

Particulars
to be stated
in certifi-
cate.

(4) The legally qualified medical practitioner, coroner or
local medical officer of health shall in his certificate state that
he has viewed the body of the deceased. New.

(5) Upon receipt of the statement containing the personal jP^ty^o*"
particulars and the medical certificate of death, the funeral director,
director shall complete the statement containing personal
particulars, setting forth the proposed date and place of burial,
cremation or other disposition or the removal of the body and
shall deliver the statement and the medical certificate to the
division registrar of the proper registration division. New.

17. — (1) Upon the receipt, within one year from the dayRegistra-
of the death of a person, of the statement containing the death by
personal particulars and the medical certificate, the division registrar,
registrar, if he is satisfied as to the correctness and suffi-
ciency thereof, shall register the death by signing the state-
ment and medical certificate, and thereupon the statement and
medical certificate shall constitute the registration of the death.

(2) A division registrar shall not register any death after Time
one year from the day of the death. New.

(3) Upon the registration of a death, the division registrar, Duty of
without the payment of any fee, shall forthwith prepare and registrar,
deliver to the funeral director requiring the same for the
purpose of the burial, cremation or other disposition or the
removal of the body of the deceased person, —

(a) an acknowledgment that the death has been registered;
and

{h) a burial permit for the purpose of the burial or other
disposition of the body. R.S.O. 1937, c. 88, s. 37,
amended.

18. — (1) If a death has occurred and it is impracticable Registration
to register the same, by reason of distance, with the division registration
registrar of the proper registration division, registration of '^'^'°"-
the death may be made with the nearest division registrar
who, upon payment of the prescribed fee, shall register the
same and issue an acknowledgment of registration of death
and a burial permit and such division registrar shall forward
the registration of the death to the division registrar of the
proper registration division. R.S.O. 1937, c. 88, s. 34 (1),
ametided.

(2) Where a death has been registered in accordance with ^^^ for

, . ... . , . registration

subsection 1, the division registrar who registers the death in another
shall be entitled to the fee for his own use. R.S.O. 1937,
c. 88, s. 34 (2), amended.

19. — (1) If there is reason to believe that a person has^ofg^gg'^
died as a result of violence or misadventure or by unfair o"" "^'^^d-

•^ venture.

means or from any cause other than disease, or as a result of
91

negligence, malpractice or misconduct on the part of others
or under such circumstances as require investigation, no
acknowledgment of registration of death and no burial per-
mit shall be issued by the division registrar unless, —

1948. c. —

(a) the body has been examined by a coroner and the
coroner has made inquiry into the circumstances of
the death or held an inquest as provided by The
Coroners Act, 1948;

(b) the coroner has signed the medical certificate of
death; and

Death with-
out medical
attendance.

(c) the other provisions of this Act regarding registration
of death have been complied with. R.S.O. 1937,
c. 88, s. 36, amended.

(2) Where there is no legally qualified medical practitioner
in attendance during the last illness of a deceased person and
there is no reason to believe that the death occurred under any
of the circumstances set forth in subsection 1, the funeral
director shall notifv' the local medical officer of health and refer
the case to him for immediate investigation, R.S.O. 1937,
c. 88, s. 32 (2), amended.

Reference
to coroner.

Coroner's
warrant
to bury.

(3) If the legally qualified medical practitioner referred to
in subsection 3 of section 16, or the local medical officer of
health referred to in subsection 2, cannot determine the cause
of death, or where the circumstances of the case indicate that
the death occurred under any of the circumstances set forth
in subsection 1 , the case shall be referred by either of them to
the coroner for investigation. New.

(4) Where a person has died under any of the circumstances
referred to in subsection 1 or 3 and it is impossible for the
coroner to complete a medical certificate of the cause of death,
the coroner may issue his warrant to bury as provided by The
Coroners Act, 1948, and the division registrar shall issue, on
the delivery to him of the warrant to bury the body, a burial
permit, and the coroner shall, within two days of his deter-
mining the cause of death, or of the completion of his investiga-
tion, issue and deliver or mail the medical certificate of death
to the division registrar of the registration division in w'hich
the death occurred. R.S.O. 1937, c. 88, s. 36, cl. (<■), amended.

Registra-
tion before
disposition
of body.

20. — (1) Subject to subsection 4 of section 19, no person
shall bury, cremate or otherwise dispose of the body of any
person who dies within Ontario or remove the body from
the registration division within which the death occurred or
the body is found, and no person shall take part in or conduct

any funeral or religious service for the purpose of burial,
cremation or other disposition of the body of a deceased person ,
unless the death has been registered under this Act, and an
acknowledgment of registration of death and a burial permit
has been obtained from the division registrar. R.S.O. 1937,
c. 88, s. 31 (1), amended.

(2) The funeral director shall retain the acknowledgment ^cknowiedg-

r • • rii -I ri-1- 1-1 ment to be

of registration oi death as evidence oi his having complied retained by

. , , . n Of funeral

With this Act. director.

(3) No person shall conduct a funeral or other religious Person not
burial service unless the burial permit signed by the proper service un-
di vision registrar is produced to him. New. plrmit'pro-

duced.

(4) A cemetery owner shall not permit the interment or Delivery of
cremation of the body of any person in the cemetery or crema- permit,
torium unless the burial permit is delivered to him. R.S.O.

1937, c. 88, s. 40 (1), amended.

(5) The cemeterv owner shall retain the burial permit as owner to

. ' ... retain

evidence of his having complied with this Act. New. burial

permit.

(6) Where no person is in charge of the cemetery at the where no
time of the burial or other disposition of the body, the funeral charge of
director shall write across the face of the burial permit the cemetery,
words "No person in charge", and shall append his signature
thereto and return the burial permit to the division registrar

of the registration division in which the burial or other dis-
position took place. R.S.O. 1937, c. 88, s. 41, amended.

21. — (1) If the body of a person is to be removed to the Removal
place of burial or other disposition by a transportation com- °^ bodies.
pany or other common carrier, such removal shall not take
place until the burial permit has been affixed to the outside
of the casket. New.

(2) If the death occurred outside of Ontario and the burial H®^*^^ °"*

1 1- • • r 1 1 1 • • /-^ • of Ontario.

or other disposition of the body is to take place in Ontario,
a burial, transit or removal permit or such other document
as may be prescribed or required under the laws of the juris-
diction in which the death occurred, signed by the proper
officer of the place in which the death occurred shall be suffi-
cient authority for the burial or other disposition of the body.
R.S.O. 1937, c. 88, s. 31 (2), amended.

■ 22. A cemetery owner shall, on or before the 10th day of Returns of
each month, mail to the Registrar-General a return in the '^""^^?.^'^'^

. , ^ cremations.

prescribed form of the burials and cremations that took place
in the cemetery or crematorium during the last preceding
month. R.S.O. 1937, c. 88, s. 40 (2), amended.

?f®§lath"y" 23.— (1) If the death of a person has not been registered
Oene^raf^' within one year from the day of the death, application for
registration of the death may be made to the Registrar-
General in the prescribed form.

Method of
application
for regis-
tration.

Registra-
tion of
death.

(2) The application shall be accompanied by, —

(a) the prescribed fee;

(b) the statement provided for in subsection 2 of section

16, completed and certified;

the applicant or any other person; and

(d) such other evidence as may be prescribed by the
regulations.

(3) If the Registrar-General is satisfied as to the bona fides
of the application and the correctness and sufficiency of the
evidence adduced in support thereof, he may register the
death by signing the statement, and thereupon the statement
shall constitute the registration of the death. R.S.O. 1937,
c. 88, s. 42, part, amended.

ADOPTION ORDERS.

«on'oV^" 24. — (1) Upon receipt of a certified copy of an order of

adoption adoption transmitted under section 12 of The Adoption Act,
order. the Registrar-General shall register the order.

Notation of
adoption on
birth regis-
tration.

(2) If the birth of the person adopted, —

(a) was registered in Ontario before the adoption; or

(b) is registered in Ontario after the adoption in accord-

ance with this Act,

the Registrar-General, upon production of evidence satis-
factory to him of the identity of the person, shall cause a
notation of the adoption and of any change of name conse-
quent thereon with a reference to the registration of the
order, to be made upon the registration of birth of the person,
and shall cause a reference to the registration of the birth to
be endorsed on the copy of the order.

Registration
of order of
another
jurisdiction.

(3) Where a person whose birth has been registered in
Ontario has been adopted pursuant to an order, judgment or
decree of adoption made by a court of competent jurisdiction
of another province, state or country, the Registrar-General,

upon receipt of a certified copy of the order, judgment or
decree, issued under the seal of the proper certifying authority
and upon production of evidence satisfactory to him of the
identity of the person, shall register the order, judgment or
decree and shall cause a notation of the adoption and of any
change of name consequent thereon with a reference to the
registration of the order to be made upon the registration of
the birth of the person, and shall cause a reference to the
registration of the birth to be endorsed on the copy of the
order, judgment or decree. 1941, c. 55, s. 42, amended.

(4) Where a notation of adoption and of a change of certificate
name consequent thereon has been made on a registration ffj^y adop-
of birth, and application is afterwards made for a birth
certificate pursuant to this Act, the certificate shall be issued
as if the registration had been made in the name as changed.
New.

(5) Every notation made pursuant to this section shall be Notation to
Lted and ir
tions. New.

dated and initialled by the officer designated by the regula- initialled.

25. — (1) If a child born in another province or in any child born
state has been adopted in Ontario pursuant to The Adoption^province%r
Act, the Registrar-General shall transmit a certified copy of^*^*®"
the order to the person having charge of the registration of
births in the province or state in which the child was born.

(2) If a child born in a jurisdiction other than a province chiid born
or state has been adopted n Ontario pursuant to The Adop- ^^rlsdi^ion.
Hon Act, the Registrar-General, upon request, may transmit Rev. stat.
a certified copy of the order to the person having charge of^-^^^-
the registration of births in the jurisdiction in which the
child was born. New.

CHANGES OF NAMES.
26. — (1) Upon receipt of a certified copy of an order Registration

. of orcisr

transmitted under section 17 of The Change of Name Act, 1948, changing
the Registrar-General shall register the order. i gS! c.

(2) If the birth or marriage of a person whose name is Notation of

1 11,1 1 change on

changed by the order, — registra-

tions.

(a) was registered in Ontario before the date of the order;
or

{b) is registered in Ontario after the date of the order in
accordance with this Act,

the Registrar-General, upon production of evidence satis-
factory to him of the identity of the person shall cause a
notation of the change of name with a reference to the regis-
tration of the order to be made upon the registration of birth
or marriage of the person, and shall cause a reference to the
registration of the birth or marriage to be endorsed on the
copy of the order.

Certificate
of registra-
tion after
notation of
change of
name.

(3) Where a change of name has been noted on a birth
or marriage registration and application is afterwards made
for a birth or marriage certificate pursuant to this Act, the
certificate shall be issued as if the registration had been made
in the name as changed by the order.

Annulment
of order re
change of
name.

1948, c. . ..

(4) Upon the receipt of a certified copy of an annulling
order transmitted under section 21 of The Change of Name
Act, 1948, the Registrar-General shall cause a notation of the
annulling order and a reference to the registration thereof to
be made upon every registration on which a notation has
been made pursuant to the original order.

be°da\'ed and (5) Every notation made pursuant to this section shall be
initialled. dated and initialled by the officer designated by the regula-
tions. New.

DIVORCE DECREES.

Statement
by registrar
respecting
divorce
decrees.

27. — (1) The Registrar of the Supreme Court and every
local registrar of the Supreme Court shall, from time to time,
as prescribed by the regulations, furnish to the Registrar-
General a statement in the prescribed form respecting each
final decree of divorce entered by him in the Supreme Court.
R.S.O. 1937, c. 88, s. 30 (1), amended.

Notation of
decree upon
registration
of marriage.

Divorce
decrees of
other juris-
dictions.

(2) If the marriage dissolved or annulled by the decree
was solemnized in Ontario and registered with the Registrar-
General, the Registrar-General, upon receipt of the statement
of the divorce, shall register the statement and shall cause a
notation of the decree with a reference to the registration of
the statement to be made upon the registration of the mar-
riage, and shall cause a reference to the registration of the
marriage to be endorsed on the statement.

(3) Where a marriage that has been registered in Ontario
has been dissolved or annulled by an order, judgment or
decree made by a court of competent jurisdiction in another
province, or by an Act of the Parliament of Canada, the
Registrar-General, upon receipt of a certified copy of such
order, judgment, decree or Act issued under the seal of the
proper certifying authority shall register the order, judgment,
decree or Act and shall cause a notation thereof with a refer-

ence to its registration to be made upon the registration of
the marriage, and shall cause a reference to the registration
of the marriage to be endorsed on the copy of the order,
judgment, decree or Act.

(4) If, subsequent to the registration of the divorce, certiflcate
application is made for a marriage certificate, the certificate dissotved^^
shall contain a copy of the notation made under subsection ^^ divorce.
2 or 3. New.

(5) The Registrar and the local registrars of the Supreme Fee for
Court shall receive a fee of fifty cents for each statement of aof^^f^^ce.
divorce furnished to the Registrar-General and the fees shall

be payable from time to time by the Treasurer of Ontario
out of the Consolidated Revenue Fund. R.S.O. 1937, c. 88,
s. 30 (2), amended.

(6) Every notation made pursuant to this section shall be Notation on
dated and initialled by the officer designated by the regula-'^^^'^
tions.

(7) No certificate of divorce shall be issued bv the Registrar- certmcates

^ . , - o prohibited.

General. New.

28. — (1) Where a marriage that has been performed in Marriage
another province has been dissolved or annulled in Ontario, fn ^notJfelr
the Registrar-General upon receipt of the statement respecting p''°^^"'^^-
the decree of divorce in respect of the marriage, transmitted
under section 27, shall require the Registrar or local registrar
who transmitted the statement to furnish him with a certified
copy of the order, judgment or decree issued under the seal of
the proper certifying authority.

(2) Upon receipt of the certified copy, the Registrar-General idem,
shall transmit it to the person having charge of the registration
of marriages in the province in which the marriage was
performed. New.

REGISTRATION OF BIRTHS AND DEATHS
OCCURRING ON BOARD SHIP.

29. Upon receipt from the Minister of Transport ofgij-thsand
information transmitted under the Canada Shipping Act, ^^34,^^^^^
(Canada), respecting the birth of a child or the death of a
person on board a ship whose port of registry is within Ontario, (Canada).
the Deputy Registrar-General may register the birth or death.
New.

CHURCH RECORDS.

30. — (1) Any cemetery company or association, or any Filing of
religious body or historical society or association, or any records.

corporation or individual in possession of any record of births,
marriages, baptisms or deaths which may be of value in
establishing the genealogy of any resident in Ontario may,
with the approval of the Registrar-General, deposit such
record with the Registrar-General without charge. R.S.O.
1937, c. 88, s. 11 (1), amended.

Records to
be preserved.

(2) Upon being deposited, the records shall be preserved
and remain in the custody of the Registrar-General as part
of the records of his office. New.

CORRECTION OF ERRORS IN REGISTRATIONS.

Corrections 31. — (1) If, while the registration of any birth, marriage,
registrar. death or still-birth is in the possession of a division registrar,
it is reported to him that an error has been made in the
registration he shall inquire into the facts and if he is satisfied
that an error has been made in the registration he may correct
the error according to the facts by a notation on the registra-
tion without any alteration being made in the registration.
R.S.O. 1937, c. 88, s. 17 (1), part, amended.

by 'person" 1 (2) If the person originally supplying the information con-
appearance. Gained in a registration to be corrected appears in person,

the division registrar may permit correction in the original

entry. New.

Correction
by Registrar-
General.

(3) If, after a registration has been received or made by the
Registrar-General, it is reported to him that an error has been
made, the Registrar-General shall inquire into the facts,
and upon the production of evidence satisfactory to him
supplemented by statutory declaration in the prescribed form,
he may correct the error by a notation on the registration
without any alteration being made in the registration. R.S.O.
1937, c. 88, s. 17 (2), part, amended.

Certificate
of registra-
tion which
has been
corrected.

(4) If, subsequent to the correction of an error, application
is made for a certificate pursuant to this Act, the certificate
shall be prepared as if the registration had been made con-
taining correct particulars at the time of registration, but if a
certified copy of the registration is required, the certified copy
shall contain a copy of the notation made pursuant to sub-
section 1 or 3. New.

Notation on (5) Every notation made pursuant to this section shall
registration, j^g dated and initialled by the person making the correc-
tion or the officer designated by the regulations. R.S.O. 1937,
c. 88, s. 17 (1, 2), part, amended.

REGISTRATION DIVISIONS.

32. — (1) The whole of Ontario shall be divided into Registration
registration divisions. R.S.O. 1937, c. 88, s. 12 (1), amended.

(2) Everv municipality shall be a re^stration division. Municipal
R.S.O. 1937, c. 88, s. 12 (2). "'''*'•

(3) The Lieutenant-Governor in Council may divide that S^'itl^yl^^''
part of Ontario not within a municipality into registration
divisions, and may from time to time extend, reduce, sub-
divide or annul any such registration division or merge it in

whole or in part with one or more registration divisions and
may attach any territory or portion thereof not being part of a
municipality to a registration division constituted under
subsection 2. R.S.O. 1937, c. 88, s. 12 (3), amended.

APPOINTMENT AND DUTIES OF DIVISION REGISTRARS.

33. — (1) The clerk of every municipality shall be ex officio Municipal
division registrar of the registration division formed by the division
municipality and any territory thereto attached unless ^^g^'^s^^^^'^s-
Lieutenant-Governor in Council appoints some other person
as a division registrar in his stead. R.S.O. 1937, c. 88, s. 14
(1), amended.

(2) The Lieutenant-Governor in Council mav appoint the^PPP^P^ment

.... . , . . ... . ' . of division

division registrar for a registration division which is formed of registrar in

. , . .... , , . . unorganized

territory not within a municipality or attached to a munici- territory,
pality. R.S.O. 1937, c. 88, s. 13, amended.

(3) The division registrar shall have power to take the Power to
affidavit or statutory declaration of any person for the purposes davits.
of this Act. New.

(4) In a city having a population of 50,000 or over, the sub-
division registrar may, with the approval of the Registrar- [n^cftVe^^^
General, appoint such sub-registrars as may be necessary

for the more convenient carrying out of the provisions of this
Act with respect to the registration of deaths and for the
issuing of burial permits. R.S.O. 1937, c. 88, s. 34 (3).

(5) Where the Registrar-General deems it necessary in Sub-
order to facilitate the registration of deaths for the purpose e?fewhere.
of burial in any section of Ontario, he may appoint a sub-
registrar for the special purpose of issuing a burial permit upon
payment by the applicant of a fee of twentv-five cents.
R.S.O. 1937, c. 88, s. 38 (1), amended.

registrar (^) ^ sub-registrar shall forthwith transmit the registration

registr'ation ^° ^^^ division registrar for the registration division in which
the death occurred or in which the body was found for regis-
tration by him. R.S.O. 1937, c. 88, s. 38 (2), amended.

Duties of

dlv'lsion

registrars.

34. The division registrar shall, —

(a) receive and sign statements and registrations and
issue burial permits; New.

(b) supply, free of charge, any prescribed form required

by any person in order to comply with this Act;
R.S.O. 1937, c. 88, s. 18 (1), amended.

received by him in a place of safety ;

(d) use all available means to obtain the necessary
information for the purpose of completing the regis-
trations required to be made by him; R.S.O. 1937,
c. 88, s. 14 (5), amended.

(e) inform the proper person of the duty to furnish him

with particulars for the registration of a birth,
marriage, death or still-birth if he has reason to
believe that any has taken place within his division
and has not been registered, and, on the failure of
such person to make the registration within seven
days, supply to the Registrar-General such informa-
tion as he has in his possession regarding the failure
of any person to furnish the required particulars;
R.S.O. 1937, c. 88, s. 15, amended.

(J) examine every statement of birth, marriage, death or
still-birth in order to ascertain whether or not it has
been completed in the prescribed form;

{g) ensure that every registration of birth, marriage*
death or still-birth has been written legibly in durable
ink;

{h) refuse to accept any statement which does not
contain all the items of information required therein
unless he has received a satisfactory explanation
for the omission ; R.S.O. 1937, c. 88, s. 18 (2) , amended.

(*) call attention to any defects in a statement of per-
sonal particulars or medical certificate of death
which is incomplete or unsatisfactory, and withhold
the issuance of the acknowledgment of registration of

death and the burial permit until such defects have
been corrected; R.S.O. 1937, c. 88, s. 18 (3), amended.

(J) sign every registration as division registrar in attesta-
tion of the date of registration in his office; New.

(k) number consecutively the registrations of births,
marriages, deaths and still-births in four separate
series beginning with "No. 1" for the first registra-
tion of a birth, marriage, death or still-birth in each
calendar year; R.S.O. 1937, c. 88, s. 18 (4), amended.

(/) transmit to the Registrar-General as required by the
regulations the registration of every birth, marriage,
death and still-birth made by him ;

(m) report the fact to the Registrar-General, in the
prescribed form, if no birth, marriage, death or still-
birth has been registered; R.S.O. 1937, c. 88, s. 14
(3), amended.

(n) keep such records as may be prescribed by the
regulations; and

(o) transmit to the proper division registrar within forty-
eight hours every registration of birth, marriage,
death or still-birth received by him which did not
occur within his registration division. New.

35. Every division registrar shall, under the direction of Report to
the Registrar-General, enforce this Act in his registration olneraf of
division and shall make an immediate report to the Registrar- 0^^^^°^^*^°^
General of any violation of this Act of which he has knowledge.
R.S.O. 1937, c. 88, s. 19, amended.

REMUNERATION OF DIVISION REGISTRAR.

36. — (1) Every municipality shall pay annually, on thcRemunera-
1st day of February, to the division registrar, a remuneration dmsicfn
of twenty-five cents for each registration of a birth, marriage, ^®^^^*''^^-
death or still-birth transmitted to the Registrar-General
during the preceding calendar year, on presentation of the
certificate of the Registrar-General to the treasurer of the
municipality, but a municipality may by by-law with the
approval of the Registrar-General limit the aggregate remun-
eration of the division registrar or provide for the payment
of a stated annual remuneration.

(2) Remuneration at double the rates set forth in sub- ^^^M^®'"*"
section 1 shall be paid to every Indian-agent and to every unorganized
division registrar appointed by the Lieutenant-Governor in
Council for any registration division not included in or

Monthly
remunera-
• tion per-
missible.

Registrar-
General to
distribute
forms.

Cost of
forms.

No other
forms to
be used.

Contents of

birth

certificate;

death
certificate;

attached to a municipality, by the Treasurer of Ontario
out of the Consolidated Revenue Fund. R.S.O. 1937, c. 88,
s. 54, amended.

(3) Nothing in this section shall prevent the remuneration
of a division registrar being paid to him monthly, but in such
case the remuneration shall be paid within ten days of the
presentation of the certificate of the Registrar-General. New.

FORMS.

37. — (1) The Registrar-General shall distribute the pre-
scribed forms to the division registrars.

(2) The cost of the prescribed forms and the distribution
thereof shall be paid out of the Consolidated Revenue Fund.

(3) No forms shall be used for the purposes of this Act
other than the prescribed forms supplied by the Registrar-
General. R.S.O. 1937, c. 88, s. 7, amended.

CERTIFICATES AND SEARCHES.

38. — (1) A birth certificate shall contain only the following
particulars of the registration:

(a) name of the child ;

{h) date of birth;

{d) sex;

{e) date of registration ; and

(/) registration number.

(2) A death certificate shall contain only the following
particulars of the registration:

(a) name, age and marital status of the deceased;

{b) date of death;

(d) sex;

{e) date of registration ; and

(/) registration number.
91

(3) A marriage certificate shall contain only the following ^^j^j^'^l^^
particulars of the registration :

(a) names of the parties;

(b) date of the marriage;

(d) place of birth of each of the parties;

(e) date of registration ; and
(/) registration number.

(4) No still-birth certificate shall be issued. fertmcaS

(5) A certificate, order or other document issued by thejnde?star
Registrar-General pursuant to this Act, may bear the seal of

ofifice of the Registrar-General. New.

39. — (1) Upon application and upon payment of the P^e- ^^°j^§>^^jj
scribed fee, any person who furnishes substantially accurate certificate;
particulars and satisfies the Registrar-General as to his reason
for requiring it, may obtain from the Registrar-General a
birth certificate in respect of any birth of which there is regis-
tration in his office.

(2) Upon application and upon payment of the prescribed death
fee, any person may obtain from the Registrar-General a
death certificate in respect of any death of which there is a
registration in his office.

(3) Upon application and upon payment of the prescribed marriage
fee, —

(a) one of the parties to the marriage;

(b) a parent of one of the parties;

(d) any person with the approval of the Registrar-

General,

may obtain from the Registrar-General a marriage certificate
in respect of any marriage of which there is a registration in
his office. R.S.O. 1937, c. 88, s. 6 (2), amended.

Who may

40.— (1) No certified copy of a registration of birth , of rlLlstra-^
death or still-birth shall be issued except to a person author- ^^j^jij°*"jjgjj^jj

or still-
91 birth.

izcd by the Registrar-General or the order of a court and upon
payment of the prescribed fee.

obtain"copy ^^^ ^° Certified copy of a registration of marriage shall be
ofregistra- issued except to one of the parties to the marriage or to a
marriage. person authorized by the Registrar-General or the order of a
court and upon payment of the prescribed fee. New.

Certificate
as prima
facie
evidence.

41. — (1) A certificate purporting to be issued pursuant
to section 39 and signed by the Registrar-General shall be
admissible in any court in Ontario as prima facie evidence
of the facts certified to be recorded, and it shall not be neces-
sary to prove the signature or official position of the person
by whom the certificate purports to be signed. R.S.O. 1937,
c. 88, s. 6 (3), amended.

Signature of (^) ^ lithographed, printed or stamped facsimile signature
Registrar- of the Registrar-General shall be sufficient authentication of a

General. ._ "^

certificate.

Copy of (^) ^ certified copy of a registration, signed by the Registrar-

^a8^'primj°^ General or Deputy Registrar-General, purporting to be issued
jacie pursuant to section 40, shall be admissible in any court in

Ontario as prima facie evidence of the facts recorded therein.

evidence.

Proviso.

No certifi-
cates by
division
registrar.

Searches.

Search of

church

records.

(4) Notwithstanding subsections 1 and 3, no birth certi-
ficate and no certified copy of a registration of birth or still-
birth shall be admissible in evidence to affect a presumption
of legitimacy. New.

42. A division registrar shall not issue a certificate in
respect of any birth, death, marriage or still-birth. New.

43. — (1) Any person who, —

(a) applies;

(b) pays the prescribed fee; and

requiring it,

may have search made for the registration of any birth,
death, marriage, still-birth, divorce, adoption or change of
name in the indexes kept in the office of the Registrar-General.
R.S.O. 1937, c. 88, s. 6 (1), amended.

(2) Any person who, —

(a) applies;

(b) pays the prescribed fee; and
91

may have search made for any birth, marriage, baptism or
death in any record kept in the office of the Registrar-General
pursuant to section 30.

(3) The only information given upon a search under sub- information
section 1 or 2 shall be as to the existence or otherwise of thefearch^"^
registration, and the registration number if registered. New.

GENERAL PROVISIONS.

44. Subject to section 29, no registration shall be made of a Ontario
birth, still-birth, marriage or death occurring outside of only. ^^ '°^^
Ontario. New.

45. The provisions of this Act shall apply in respect of ^fP^'j^^*^^'^
any birth, marriage, death, still-birth, divorce, adoption or
change of name, that has occurred prior to the passing of this

Act, as well as to any birth, marriage, death, still-birth,
divorce, adoption or change of name which may occur sub-
sequent to the passing of this Act. New.

46. No person shall issue any document which purports Certmcates
to be a certificate of a birth, marriage, death or still-birth issued,
other than a certificate provided for under the provisions of

this Act. New.

47. — (1) If, after such notice to and the hearing of such Registration
interested parties as he considers proper, the Registrar- obtaine"d.^
General is satisfied that a registration was fraudulently or
improperly obtained, he may order that a notation be made
on the registration to that effect and thereafter no certificate
shall be issued in respect of the registration.

(2) Upon the making of an order under subsection 1, the Order for
Registrar-General ma}- require the delivery to him of every certificate.
certificate previously issued in respect of the registration.

(3) If the Registrar-General has reason to believe that a certificate
certificate in respect of a registration is being had or used for property.
fraudulent or improper purposes, he may, after such notice

to and hearing of such interested parties as he considers
proper, make an order requiring the delivery of the certificate
to him.

(4) Any person who has in his possession or under his ^®Pfl®'"^ °^
control a certificate in respect of which an order has been

made under subsection 2 or 3, shall forthwith deliver the
certificate to the Registrar-General. New.

Secrecy. 4g ]\Tq division registrar or sub-registrar and no person

employed in the service of His Majesty shall communicate or
allow to be communicated to any person not entitled thereto
any information obtained under this Act, or allow any such
person to inspect or have access to any records containing
information obtained under this Act. New.

PENALTIES.

Failure to
Rive notice
or furnish
particulars.

49. — (1) Every person who neglects or fails to give any
notice, or to register or to furnish any statement, certificate
or particulars respecting the birth, marriage, death, still-
birth, divorce, adoption or change of name of any person as
required by this Act, shall be guilty of an offence and liable to a
penalty not exceeding $100. R.S.O. 1937, c. 88, s. 45 (1),
amended.

Neglect of
division
registrar
to make
returns.

(2) If a division registrar fails to transmit to the Registrar-
General any registration, or to make any return as required
by this Act he shall be guilty of an offence and liable to a
penalty not exceeding $100 and each succeeding week's
continuance of failure to make the transmission or return shall
constitute a new and distinct offence; and the Registrar-
General may refuse to issue a certificate for the payment of
any fee due to the division registrar until the transmission or
return is made. R.S.O. 1937, c. 88, s. 43, amended.

False in-
formation.

50. — (1) Every person who wilfully makes or causes to
be made a false statement in any notice, registration, state-
ment, certificate, return or other document respecting any
particulars required to be furnished under this Act shall be
guilty of an offence and liable to a fine not exceeding $500
or to imprisonment for a term not exceeding six months or to
both fine and imprisonment; and every legally qualified
medical practitioner who wilfully makes a false statement as to
the cause of the death of any person, or represents himself as
having been in attendance during the last illness of any
person when in fact he was not called in attendance until
after the death, shall, in addition to any penalty imposed by
this Act, be subject to discipline by the Council of the College
of Physicians and Surgeons of Ontario. R.S.O. 1937, c. 88,
s. 44, amended.

False infor-
mation.

(2) Every person who wilfully makes, or causes to be made
a registration of a birth, marriage, death or still-birth as having
occurred in Ontario in respect of any person whose birth,
marriage, death or still-birth did not occur in Ontario, shall
be guilty of an offence and liable to a fine not exceeding $500
or to a term of imprisonment not exceeding six months or to
both fine and imprisonment. New.

51. Any person violating any of the provisions of section 48^^®|°^ °^
shall be guilty of an offence and liable to a penalty not exceed- provision,
ing S200. New.

52. Every person guilty of any act or omission in violation pe®naity
of this Act for which no penalty is otherwise provided shall be
guilty of an offence and liable to a penalty not exceeding $100.
R.S.O. 1937, c. 88, s. 46, amended.

recover-

53. The penalties imposed by this Act shall be recoverable how^reco
under The Summary Convictions Act. R.S.O. 1937, c. 88,|j^J®- gt^j
s. 48. c- 136.

REGULATIONS.

54. The Lieutenant-Governor in Council may make ^®^"'^*^°"^'
regulations, —

(a) prescribing the forms to be used in carrying out the
provisions of this Act;

(b) prescribing the duties of the Deput}' Registrar-

General and providing for the delegation to him of
uch of the powers and duties of the Registrar-
General as may be deemed necessary;

(d) prescribing the system of filing of registrations;

(e) prescribing the particulars of registrations to be

entered in the indexes;

(/) prescribing the duties of and records to be kept by
the division registrars;

(g) prescribing the information and returns to be fur-
nished to the Registrar-General, and fixing the times
when information and returns are to be transmitted;

(h) fixing the times when division registrars shall forward
registrations to the Registrar-General;

. (i) prescribing the duties of, and returns to be made by
sub-registrars;

(j) designating the persons who may have access to, or
may be given information from the records in the
Registrar-General's ofifice, and prescribing an oath
of secrecy to be taken by such persons;

(k) for the registration of births, marriages, deaths,
still-births, divorces, adoptions or changes of name
in cases not otherwise provided for in the Act;

(I) prescribing the fees to be paid for searches, certifi-
cates and anything done or permitted to be done
under the Act and providing for the waiver of pay-
ment of any such fees in favour of any person or
class of persons;

(m) designating the officers who may sign registrations
and notations;

(») prescribing the evidence on which the Registrar-
General may register a birth, still-birth, marriage or
death after one year from the date thereof;

(o) prescribing the evidence on which the Registrar-
General may make a registration of birth in the
case of a child legitimated by the subsequent inter-
marriage of his parents;

(p) requiring the persons in charge of hospitals to make
returns of the births of all children born in the
hospitals ;

(q) prescribing special forms for registrations in respect
of Indians;

(r) providing that registrations in respect of Indians
shall be kept separate from other registrations;

(s) authorizing every Indian-agent in Ontario to act ex
officio as division registrar for the Indians under his
jurisdiction; and

(/) for the purpose of effectively securing the due obser-
vance of the Act, and generally for the better carrying
out of the provisions thereof and obtaining the
information required thereby. R.S.O. 1937, c. 88,
s. 53, amended.

SPECIAL PROVISIONS.

Transfer of
change of
name
material
from Regis-
trar of
Supreme
Court.

1939. c. 6.

55. — (1) The Registrar of the Supreme Court shall transmit
to the Registrar-General, upon the coming into force of this
Act,—

(a) all certified copies of orders and duplicate originals
of applications and verifying affidavits received by
him pursuant to The Change of Name Act, 1939;

(b) all index books kept by him pursuant to the said Act;

and

(2) The Registrar-General, upon application in the pre- dotation of
scribed form and upon production of evidence satisfactory ^^^|^°^f^_jj._

to him,— ring before

' the com-

mencement

(a) that the name of a person whose birth or marriage
has been registered in Ontario was changed prior to
the coming into force of this Act by an order under
The Change of Name Act, 1939; i939. c. 6.

(6) that the order has not been annulled; and

shall cause a notation and references to be made as provided
in subsection 2 of section 26, and subsections 3 to 5 of section
26 shall thereupon be applicable. New.

REPEAL.

56. The Vital Statistics Act, section 2)3 of The Statute -Z^aw^^^g'-^iglg
Amendment Act, 1939, section 42 of The Statute Law Amend- ^-J^l'^- f§;

' , 1941, c. 5o,

ment Act, 1941, section 40 of The Statute Law Amendments- 42, 1942,

. c. 34 S. 40 ■

Act, 1942, and section 40 of The Statute Law Amendment 1943', c. 28'.
Act, 1943, are repealed. pealed!^'

COMMENCEMENT OF ACT.

57. This Act shall come into force on a day to be named by men^t^^of^Act
the Lieutenant-Governor b}^ his Proclamation.

SHORT TITLE.

58. This Act may be cited as The Vital Statistics Act, 1948. sbort title.

HA ^

No. 91

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

The Vital Statistics Act, 1948.

Mr. Dunbar

TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty

No. 91 1948

BILL

The Vital Statistics Act, 1948.

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

INTERPRETATION.

1. In this Act,— ;S-

(a) "birth" means the complete expulsion or extraction "birth";
from its mother of a foetus which did at any time

after being completely expelled or extracted from
the mother breathe or show any other sign of life,
whether or not the umbilical cord was cut or the
placenta attached;

(b) "cemetery" includes a vault, a mausoleum and any "cemetery"

land which is set apart or used for the interment of
the dead or in which bodies are buried; R.S.O.
1937, c. 88, s. 1, cl. (a), amended.

^ ' ' ^ , owner ;

charge of a cemetery or crematorium under the
authority of the owner thereof;

(d) "certificate" means a certified extract of the pre- "certificate*
scribed particulars of a registration in the records

of the Registrar-General;

(e) "cremation" means the disposal of a dead body by ^°g^®™^^*^°^'

incineration under The Cemetery Act, c. 351.

(/) "Deputy Registrar-General" means the Deputy "'^ep^ty
Registrar-General appointed under this Act; General";

{g) "division registrar" means division registrar ap-^'^\^^^^j!°j^..
pointed under this Act and includes an Indian-
agent;

"divorce"; (/j) "divorce" means dissolution and annulment of mar-

riage and includes nullity of marriage;

"error"; (j) "error" means any incorrect information and includes

omission of information ; New.

"funeral
director";

"incapable";

"Indian";
R.S.C.. c. 98.

"Indian-
agent";

"inspector";

"notation";

"munici-
pality";

"nurse";

(J) "funeral director" means a person who takes charge
of the body of a still-born child or a deceased person
for the purpose of burial, cremation or other dis-
position; 1942, c. 34, s. 40 (1), amended.

(k) "incapable" means incapacity through death, illness,
, absence from Ontario or otherwise;

(/) "Indian" means an Indian within the meaning of
the Indian Act (Canada) but does not include an
enfranchised Indian;

(m) "Indian -agent" means an Indian-agent within the
meaning of the Indian Act (Canada); New.

(w) "inspector" means an inspector of vital statistics
appointed for the purposes of this Act; R.S.O. 1937,
c. 88, s. 1, cl. (c), amended.

(o) "notation" means any addition to, or alteration of,
a registration in the records of the Registrar-General
or a division registrar; New.

(p) "municipality" means a city, town, village, organ-
ized township or improvement district; R.S.O. 1937,
c. 88, s. 1, cl. (d), amended.

(q) "nurse" includes any person, other than a legally
qualified medical practitioner, who attends at the
birth of a child; R.S.O. 1937, c. 88, s. 1, cl. (e),
amended.

'occupier";

"prescribed
form";

(r) "occupier" includes a governor, keeper, warden,
superintendent, manager or resident physician of any
gaol, prison, penitentiary or other place of detention,
a children's home or orphanage, a public or private
medical, surgical, maternity or mental hospital, or
any public or private charitable institution, a
manager of an hotel, and a keeper of a house for
public accommodation, a tourist camp or other
stopping-place for persons; R.S.O, 1937, c. 88, s. 1,
cl. (/), amended.

(5) "prescribed form" means the form prescribed by the
regulations; R.S.O. 1937, c. 88, s. 1, cl.(g), amended.

(/) "Registrar-General" means the member of the Ex- q^®||.|*^?:'"-
ecutive Council who is charged with the adminis-
tration of this Act; R.S.O. 1937, c. 88, s. 1, cl. (A),
amended.

(u) "religious body" means a church or any religious bod'r'?"^
denomination, sect, congregation or society.

(v) "state" means any state or territory of the United "state";
States of America, or the District of Columbia; and
New.

(w) "still-birth" means the complete expulsion or ex- "stiu-birth-
traction from its mother after the twenty-eighth
week of pregnancy of a foetus which did not at any
time after being completely expelled or extracted
from the mother breathe or show any other sign of
life. 1943, c. 28, s. 40, part, amended.

ADMINISTRATION.

2. — (1) The Registrar-General shall direct a uniform system uniform
of registration of births, marriages, deaths, still-births, adop-re|*|tTation.
tions, divorces and changes of name in Ontario, and shall be
charged with the enforcement of the provisions of this Act.
R.S.O. 1937, c. 88, s. 8 (1), part, amended.

(2) The Registrar-General shall cause the registrations of ?®l'^*^^*io"s

1 • 1 • MI 1 • 1 1 • to be num-

births, marriages, deaths, still-births, adoptions, divorces and bered by
changes of name occurring in Ontario and received in his office General.
to be numbered in seven separate series and otherwise syste-
matically filed according to each calendar year in accordance
with the regulations and carefully kept in vaults provided for
that purpose.

(3) The Registrar-General shall cause the said registrations indexing.
to be indexed separately according to each calendar year, and

each index shall contain the numbers and such other particulars
of the registrations as may be prescribed by the regulations.
R.S.O. 1937, c. 88, s. 10, amended.

3. — (1) The Registrar-General shall examine the registrations Examination
received from the division registrars, and if the registrations °fo^t^'^*'"^"
are incomplete or unsatisfactory, he shall require such informa-
tion to be supplied as may be necessary to complete the
registration. R.S.O. 1937, c. 88, s. 8 (2), amended.

(2) Where it is found upon examination that any registra- Registrations
tion received from a division registrar is incomplete as to the ^°^ ^'sned.

ClasHiflca-
tion by
Internatiori!
lAHt of
CaUKOs of
Death.

ri.quirt'd signatures, the Registrar-General shall cause the
registration to be returned by registered mail to the proper
division registrar in order that the signatures may be obtained.

(3) The Registrar-General shall cause all deaths registered
under this Act to be classified according to the International
List of Causes of Death as revised at the last decennial
revision thereof by the International Commission assembled
for that purpose and he shall supply free of charge to every
legally qualified medical practitioner in Ontario a Physician's
Pocket Reference Book explanatory of such list.

of^ileKistrar- ('^) ^^^ Registrar-Gencral may collate, publish and dis-
Oenerai. tribute such Statistical information regarding the births, mar-
riages, deaths, still-births, adoptions, divorces and changes of
name registered during any period as he may deem to be
necessary- and in the public interest. New

Annual
report of
Registrar-
General.

(5) As soon after the 1st day of January- in each year as
convenient, the Registrar-General shall cause to be printed,
for the use of the Legislative Assembly and for public informa-
tion, a full report of the births, marriages, deaths, still-births,
adoptions, divdrces and changes of name for the preceding
calendar year. R.S.O. 1937, c. 88, s. 4, amended.

by'Refifst'i-ar- (6) The Registrar-Gcneral shall prepare and issue to every
General. division registrar such detailed instructions as may be required
to procure the uniform observance of the provisions of this
Act. R.S.O. 1937, c. 88, s. 8 (1), part, amended.

Deputy

Registrar-
General.

1947. C.89.

4. — (1) There shall be a Deputy Registrar-General ap-
pointed by the Lieutenant-Governor in Council who shall be
deemed to be a deputy minister under The Public Service Act,
1947, and who shall have direct supervision of the office of
the Registrar-General and be directly responsible to the
Registrar-General for the conduct of his ofificc, and shall
perform such other duties as may be prescribed by the regula-
tions or delegated to him by the Registrar-General. New.

Appointment (2) The Lieutenant-Governor in Council may appoint
f^p^Jtore^. ° inspectors of vital statistics for the purpose of this Act, who
shall perform such duties as may be prescribed by the regula-
tions. R.S.O. 1937, c. 88, s. 3, amended

REGISTRATION OF BIRTHS.

Duty of
medical
practitioner.

6. — (1) Every legalh- qualified medical practitioner who
attends at the birth within Ontario of a child shall give notice
of the birth.

(2) Where no legally qualified medical practitioner is in Duty of
attendance at the birth, the nurse in attendance shall give the
notice of the birth.

(3) The notice of the birth shall be in the prescribed form Mode of
and shall be given by delivering or mailing the notice within notice.
two days after the day of birth to the division registrar of the
registration division within which the child was born. R.S.O.

1937, c. 88, s. 20, amended.

(4) The notice so given shall be transmitted by the division Notice to be
registrar to the Registrar-General and preserved by the
Registrar-General until such time as the registration of the

birth has been completed under this Act. New.

6.— (1) Within thirty days after the day of the birth f^'^b^S"*
within Ontario of a child, —

{a) the mother;

{h) if the mother is incapable, the father;

{d) if the mother and father are incapable and there is
no person standing in the place of the parents of the
child, the occupier of the premises in which the child
is born, if he has knowledge of the birth, and the
nurse or other person present at the birth,

(2) Notwithstanding the provisions of subsection 1, the No duty on
father of an illegitimate child shall not be required to register iuegmmate
the birth of such child. register.

(3) The statement shall state whether the mother of the contents of
child is single, married, widowed or divorced, but shall not ^*'^*®"^®'^*"
state whether the parents of the child are married to each

other.

(4) No indication of the paternity of the child shall be given ^hnd^t^cf
in the registration of the birth of a child of amarried woman, carried

, . , r 1 1 1 I 1 • • 1 1 woman.

but the particulars of the husband may be given, provided
that the statement shall not be rendered unreceivable by
reason only of failure to supply the particulars of the husband.

New.

Name of

illegitimute

child.

(5) In the registration of the birth of a child of an un-
married woman, the child shall be registered in the name of
the mother and no person shall be named as the father, pro-
vided that where the person acknowledging himself to be the
father and the mother so request in writing, the father may
be named and the child registered in the name of the father
in accordance with the request, and if such request is made
after the registration of the birth the Registrar-General may
amend the registration in accordance with the request by
making a notation thereon. R.S.O. 1937, c. 88, s. 23 (1),
amended.

Plural
births.

Violation. j jf ^^^, statement respecting the birth of a child is not

of^b'rth^*'"" ^' — ^^^ Upon receipt, within one year from the day of the
birth of a child, of a statement in the prescribed form respect-
ing the birth, the division registrar if he is satisfied as to the
correctness and sufficiency thereof, shall register the birth by
signing the statement, and thereupon the statement shall
constitute the registration of the birth. R.S.O. 1937, c. 88,
s. 25, amended.

Acknowiedg- (2) Upon the registration of a birth, the division registrar
registration, shall issue to the persou registering the birth, without charge,
an acknowledgment of the registration of the birth in the
prescribed form. R.S.O. 1937, c. 88, s. 21 (3), amended.

Not a
certificate.

(3) The acknowledgment of registration of a birth shall not
be deemed to be or be used in any way as a birth certificate.

regLter after ^^"^ ^ division registrar shall not register a birth after one
one year. year from the day of the birth. R.S.O. 1937, c. 88, s. 42, part,
amended.

?f®bi?th^by" ^ — ^^^ ^^ ^^^ hWth of a child has not been registered within
Registrar- one year from the day of the birth, application for the registra-

tion of the birth may be made to the Registrar-General in
the prescribed form by the person whose birth has not been
registered or by any other person.

Method of

(2) The appHcation shall be accompanied by,— f^r'^JS-""

tration.

(a) the prescribed fee;

(b) the statement provided for in subsection 1 of section

6, completed and certified;

applicant or any other person; and

(d) such other evidence as may be prescribed by the
regulations.

(3) If the Registrar-General is satisfied as to the &o«a Registra-
fides of the application and the correctness and sufficiency

10. — (1) If a living new-born child is found deserted, the Foundlings,
person who finds the child and any person in whose charge
the child is placed shall give to the best of his knowledge and
belief to the division registrar of the registration division
within which the child is found, within seven days after the
finding or taking charge of the child, such information con-
cerning the birth of the child as the informant may possess.
R.S.O. 1937, c. 88, s. 22, amended.

(2) The division registrar, upon receipt of such information J!^1^^?^ °^
regarding the birth of the child, and upon being satisfied that registrar,
every effort has been made to identify the child without
success shall, —

(&) cause the child to be examined by the local medical
officer of health or a legally qualified medical prac-
titioner with a view to determining as nearly as
possible the da}' of the birth of the child, and the

examiner shall make a statutory declaration setting
forth the facts as determined by the examination;
and

F«e.

(c) make a detailed report of the case and transmit the
report, to the Registrar-General together with
evidence regarding the birth of the child.

(3) A legally qualified medical practitioner shall receive
a fee of $5 for the examination under clause b of subsection 2,
which fee shall be paid by the Treasurer of Ontario out of the
Consolidated Revenue Fund.

Registration
of birth of
foundlingB.

(a) a date of birth;

(b) a place of birth ; and

Subsequent
registration
if child
identified.

Date of
registration.

(6) Where the identity of the child is established and a
new registration is made pursuant to subsection 5, the dace of
the new registration shall be the date of the original regis-
tration.

Cancella-
tion of cer-
tificates.

ff®fh1id**'°" 11.— (1) Where a child has been legitimated by the sub-
Ie8it''g»t6<^ sequent intermarriage of his parents, then upon the parents, —
quent

marriage. (^) completing and certifying the statement required

under subsection 1 of section 6;

(b) delivering the statement, together with such evidence

as to the legitimation as is required by the regulations,
to the Registrar-General; and

(d) register the birth as if the parents had been married

to each other at the time of the birth ; and

(e) make a notation on the statement that the registra-

tion was made under this section,

and the statement shall constitute the registration of the birth,
provided that upon proof that one of the parents is dead or
mentally incapable, the application may be made by the other
parent.

(2) Where the birth of the child has been registered before Original

^ . . . . . . registration

the marriage, the original registration shall be withdrawn from to be with-
the registration files and shall be kept in a separate file and
sealed. 1939, c. 47, s. 33, amended.

12. — (1) Where the birth of a child has been registered, Alteration

, ^ ^ '^^ ' of given

and, — name of

child.

(a) the given name by which the child was registered
has been changed ; or '

(b) the child was registered without a given name,

(2) Where the change of the given name is effected by Baptismal
baptism, a certificate of baptism signed by the person whotobeflted.
performed the rite of baptism shall be filed with the statutory
declaration. R.S.O. 1937, c. 88, s. 27 (1), amended.

(3) This section shall apply only where the given name of Applicability

^, , ., , , 11 • • 1 • of section.

the child was changed or the new name given within ten
years after the birth of the child.

Limitation
on altera-
tions to
given name.

(4) No notation shall be made in a registration reg^arding
the given name of a child except in the manner prescribed in
subsection 1, or pursuant to the provisions of this Act in
respect of adopted children, changes of names and correction
of errors.

Notation to (^) Every notation made pursuant to this section shall be
i*n*itiai'i*d ^^^ dated and initialled by the officer designated by the regula-
tions.

Changes to
be shown on
certificate.

REGISTRATION OF STILL-BIRTHS.

Statement re
Btill-birtbs.

Medical
certificate.

Duty of

funeral

director.

(3) Upon receipt of the statement and the medical certifi-
cate, the funeral director shall complete the statement setting
forth the proposed date and place of burial, cremation or
other disposition or the removal of the body and shall deliver
the statement and medical certificate to the division registrar
of the proper registration division.

Registration
of still-
birth.

(4) Upon receipt of the statement and the medical certifi-
cate the division registrar, if he is satisfied as to the correctness
and sufficiency thereof, shall register the still-birth by signing
the statement and medical certificate and thereupon the
statement and medical certificate shall constitute the regis-
tration of the still-birth.

Burial
permit.

(5) Upon the registration of a still-birth, the division
registrar, without the payment of any fee, shall forthwith
prepare and deliver to the person requiring the same for the

purpose of the burial, cremation or other disposition or
removal of the body of the still-born child, —

(a) an acknowledgment that the still-birth has been

registered ; and

(b) a burial permit for the purpose of the burial or other

disposition of the body.

(6) Subject to the provisions of this section, sections 5 to 9, ^/'gP^'g^^^^J^
11 and 16 to 23 shall apply mutatis mutandis to still-births. 16-23.
1943, c. 28, s. 40, amended.

REGISTRATION OF MARRIAGES.

14. — (1) In addition to any registration of a marriage Marriages,
required under The Marriage Act, every marriage that is Rev. stat..
solemnized within Ontario shall be registered under this Act. °"

New.

(2) Every person authorized by law to solemnize marriages Person
shall complete a statement in the prescribed form as to each to complete
marriage solemnized by him, which statement shall be signed of^^axriage.
by each of the parties to the marriage and by at least two adult
witnesses to the marriage, and the person by whom the mar-
riage was solemnized shall certify in such statement as to the
solemnization of the marriage.

(3) The person by whom the marriage was solemnized shall statement
mail or deliver to the division registrar within two davs after delivered

, 1 r 1 • 1 ^ • 1 ' • within two

the day of the marriage, the statement respecting the marriage, days.
R.S.O. 1937, c. 88, s. 29 (1), amended.

(4) Upon the receipt, within one year from the- day of the Registration
solemnization of a marriage, of a statement in the prescribed °^ "damage,
form respecting the marriage, the division registrar if he is
satisfied as to the correctness and sufficiency thereof, shall
register the marriage by signing the statement, and thereupon

the statement shall constitute the registration of the marriage.

(5) Upon receipt of the statement by the division registrar. Receipt for
he shall mail to the person by whom the marriage was solem-^ ^ ^^^
nized, an acknowledgment of the receipt in the prescribed

form.

(6) A division registrar shall not register any marriage Time
after one year from the day of the marriage. New. limitation.

15. If a marriage has not been registered within one vear ^/^istration

r , J f 1 . , . . , ,' , of marriage

irom the day or the marriage, the registration may be made by by Registrar-
the Registrar-General upon such evidence as may be prescribed
by the regulations. R.S.O. 1937, c. 88, s. 42, part, amended.

REGISTRATION OF DEATHS.

Place of
registration
of deaths.

16. — (1) The death of every person who dies within
Ontario shall be registered in the office of the division registrar
of the registration division within which the death occurs,
or if the place of death is not known then in the office of the
division registrar of the registration division within which
the body is found. New.

Information

respecting

deceased.

(2) A statement in the prescribed form containing personal
particulars of the deceased person shall, upon the request of
the funeral director in charge of the body, be completed,
certified and delivered to the funeral director, —

(a) by the nearest relative present at the death or last
illness, or any relative who may be available;

■ ' {b) if no relative is available, by the occupier of the

premises in which the person died, or if the occupier
be the person who has died, by any adult person
residing in the premises who was present at the death
or has knowledge of the personal particulars;

{c) if the death occurred in unoccupied premises and no
relative is available, by any adult person who was
present at the death or has knowledge of the personal
particulars; or

{d) by the coroner who has been notified of the death
and has made an inquiry or held an inquest regarding
the death. R.S.O. 1937, c. 88, s. i3, amended.

tiffc'at'^' *^®'"", (3) The legally qualified medical practitioner who was
last in attendance during the last illness of a deceased person,
the coroner who conducts an inquest on the body of a deceased
person or an inquiry into the death of a person or the local
medical officer of health who makes an investigation as provided
in subsection 2 of section 19 shall, forthwith after the death,
inquest, inquiry or investigation, as the case may be, complete
and sign a medical certificate of death in the prescribed form
for the purix)se of registration of death, stating therein the
cause of death according to the International List of Causes
of Death as last revised by the International Commission
called for that purpose, and shall deliver the medical certificate
of death to the funeral director in charge of the body. R.S.O.
1937, c. 88, s. 32, amended.

Particulans
to be stated
in certifi-
cate.

(4) Tht legally qualified medical practitioner, coroner or
local medical officer of health shall in his certificate state that
he has viewed the body of the deceased. New.

(5) Upon receipt of the statement containing the personal ^^*y J*"
particulars and the medical certificate of death, the funeraMirector.
director shall complete the statement containing personal
particulars, setting forth the proposed date and place of burial,
cremation or other disposition or the removal of the body and
shall deliver the statement and the medical certificate to the
division registrar of the proper registration division. New.

17. — (1) Upon the receipt, within one year from the dayRegistra-

r iiir ri •• 1 tion of

of the death of a person, oi the statement contammg the death by
personal particulars and the medical certificate, the division registrar,
registrar, if he is satisfied as to the correctness and suffi-
ciency thereof, shall register the death by signing the state-
ment and medical certificate, and thereupon the statement and
medical certificate shall constitute the registration of the death.

(2) A division registrar shall not register anv death after Time

r 11 r 1 1 1 XT ' limitation.

one year from the day of the death. New.

(3) Upon the registration of a death, the division registrar, ^uty of
without the payment of any fee, shall forthwith prepare and registrar.
deliver to the funeral director requiring the same for the
purpose of the burial, cremation or other disposition or the
removal of the body of the deceased person, —

(a) an acknowledgment that the death has been registered; *
and

{h) a burial permit for the purpose of the burial or other
disposition of the body. R.S.O. 1937, c. 88, s. 37,
amended.

18. — (1) If a death has occurred and it is impracticable Registration

• , ,, , r ^^ .,,,... in another

to register the same, by reason ot distance, with the division registration
registrar of the proper registration division, registration of^'^^^**^""
the death may be made with the nearest division registrar
who, upon payment of the prescribed fee, shall register the
same and issue an acknowledgment of registration of death
and a burial permit and such division registrar shall forward
the registration of the death to the division registrar of the
proper registration division. R.S.O. 1937, c. 88, s. 34 (1),
amended.

(2) Where a death has been registered in accordance with^®®^^^^.

L- t \ t- • • • • registration

subsection 1, the division registrar who registers the death in another
shall be entitled to the fee for his own use. R.S.O. 1937,
c. 88, s. 34 (2), amended.

19. — (1) If there is reason to believe that a person has ^iofg^ce^
died as a result of violence or misadventure or by unfair or misad-
means or from any cause other than disease, or as a result of

1948. o. —

(a) the body has been examined by a coroner and the
coroner has made inquiry into the circumstances of
the death or held an inquest as provided by The
Coroners Act, 1948;

(6) the coroner has signed the medical certificate of
death ; and

Death with-
out medical
attendance.

(c) the other provisions of this Act regarding registration
of death have been complied with. R.S.O. 1937,
c. 88, s. 36, amended.

(2) Where there is no legally qualified medical practitioner
in attendance during the last illness of a deceased person and
there is no reason to believe that the death occurred under any
of the circumstances set forth in subsection 1, the funeral
director shall notify the local medical officer of health and refer
the case to him for immediate investigation. R.S.O. 1937,
c. 88, s. 32 (2), amended.

Reference
to coroner.

Coroner's
warrant
to bury.

(3) If the legally qualified medical practitioner referred to
in subsection 3 of section 16, or the local medical officer of
health referred to in subsection 2, cannot determine the cause
of death, or where the circumstances of the case indicate that
the death occurred under any of the circumstances set forth
in subsection 1, the case shall be referred by either of them to
the coroner for investigation. New.

(4) Where a person has died under any of the circumstances
referred to in subsection 1 or 3 and it is impossible for the
coroner to complete a medical certificate of the cause of death,
the coroner may issue his warrant to bury as provided by The
Coroners Act, 1948, and the division registrar shall issue, on
the delivery to him of the warrant to bury the body, a burial
permit, and the coroner shall, within two days of his deter-
mining the cause of death, or of the completion of his investiga-
tion, issue and deliver or mail the medical certificate of death
to the division registrar of the registration division in which
the death occurred. R.S.O. 1937, c. 88, s. 36, cl. (c), amended.

Registra-
tion before
disposition
of body.

20. — (1) Subject to subsection 4 of section 19, no person
shall bur}', cremate or otherwise dispose of the body of any
person who dies within Ontario or remove the body from
the registration division within which the death occurred or
the body is found, and no person shall take f)art in or conduct

any funeral or religious service for the purpose of burial,
cremation or other disposition of the body of a deceased person,
unless the death has been registered under this Act, and an
acknowledgment of registration of death and a burial permit
has been obtained from the division registrar. R.S.O. 1937,
c. 88, s. 31 (1), amended.

(2) The funeral director shall retain the acknowledgment Acknowiedg-

. r,i -1 r t - 1 • 1-1 rnent to be

of registration of death as evidence of his having complied retained by

. , , . A funeral

With this Act. director.

(3) No person shall conduct a funeral or other religious Person not
burial service unless the burial permit signed by the proper servi^e'^un-
division registrar is produced to him. New. plrn^t'^^ro-

duced.

(4) A cemetery owner shall not permit the interment or Delivery of
cremation of the body of any person in the cemetery or crema- permit,
torium unless the burial permit is delivered to him. R.S.O.

1937, c. 88, s. 40 (1), amended.

... . Cemetery

(5) The cemetery owner shall retain the burial permit as owner to

evidence of his having complied with this Act. New. burial

permit.

(6) Where no person is in charge of the cemetery at the where no
time of the burial or other disposition of the body, the funeral ^^^gg j,"
director shall write across the face of the burial permit the cemetery,
words "No person in charge", and shall append his signature
thereto and return the burial permit to the division registrar

of the registration division in which the burial or other dis-
position took place. R.S.O. 1937, c. 88, s. 41, amended.

21. — (1) If the body of a person is to be removed to the Removal
place of burial or other disposition by a transportation com- °^ bodies,
pany or other common carrier, such removal shall not take
place until the burial permit has been affixed to the outside
of the casket. New.

(2) If the death occurred outside of Ontario and the burial H®A**l °"*

... , . . .of Ontario.

or Other disposition of the body is to take place in Ontario,
a burial, transit or removal permit or such other document
as may be prescribed or required under the laws of the juris-
diction in which the death occurred, signed by the proper
officer of the place in which the- death occurred shall be suffi-
cient authority for the burial or other disposition of the body.
R.S.O. 1937, c. 88, s. 31 (2), amended.

22. A cemetery owner shall, on or before the 10th day of j^g^uj-ns of
each month, mail to the Registrar-General a return in the ^^^^^^I^^JJ^
prescribed form of the burials and cremations that took place
in the cemetery or crematorium during the last preceding
month. R.S.O. 1937, c. 88, s. 40 (2), amended.

ReKistration
of aeath by
Registrar-
Oeneral.

Method of
application
for regis-
tration.

Registra-
tion of
death.

23. — (1) If the death of a person has not been registered
within one year from the day of the death, apphcation for
registration of the death may be made to the Registrar-
General in the prescribed form.

(2) The application shall be accompanied by, —

(a) the prescribed fee;

(b) the statement provided for in subsection 2 of section

16, completed and certified;

the applicant or any other person ; and

(d) such other evidence as may be prescribed by the
regulations.

ADOPTION ORDERS.

Registra-
tion of
Ontario
adoption
order.

Notation of
adoption on
birth regis-
tration.

24. — (1) Upon receipt of a certified copy of an order of
adoption transmitted under section 12 of The Adoption Act,
the Registrar-General shall register the order.

(2) If the birth of the person adopted, —

(a) was registered in Ontario before the adoption; or

(&) is registered in Ontario after the adoption in accor
ance with this Act,

the Registrar-General, uix)n production of evidence satis-
factory to him of the identity of the person, shall cause a
notation of the adoption and of any change of name conse-
quent thereon with a reference to the registration of the
order, to be made upon the registration of birth of the person,
and shall cause a reference to the registration of the birth to
be endorsed on the copy of the order.

Registration
of order of
another
Jurisdiction.

(4) Where a notation of adoption and of a change of certificate
name consequent thereon has been made on a registration t"®^ adop-
of birth, and application is afterwards made for a birth
certificate pursuant to this Act, the certificate shall be issued

as if the registration had been made in the name as changed.
New.

(5) Every notation made pursuant to this section shall be Notation^to
dated and initialled by the officer designated by the regula- initialled,
tions. New.

26. — (1) If a child born in another province or in any child born
state has been adopted in Ontario pursuant to The Adoption^pr ov^ceov
Act, the Registrar-General shall transmit a certified copy of^*^*®*
the order to the person having charge of the registration of
births in the province or state in which the child was born.

(2) If a child born in a jurisdiction other than a province child born
or state has been adopted n Ontario pursuant to The Adop-^j^^sAictton.
Hon Act, the Registrar-General, upon request, may transmit Rev. stat.
a certified copy of the order to the person having charge of°-^^^"
the registration of births in the jurisdiction in which the
child was born. New.

CHANGES OF NAMES.

26. — (1) Upon receipt of a certified copy of an order Registration
transmitted under section 17 of The Change of Name Act, 1948, changing
the Registrar-General shall register the order. 1 9^! c.

(2) If the birth or marriage of a person whose name is Notation of

1 , , . , ^ change on

Changed by the order, — registra-

tions.

(a) was registered in Ontario before the date of the order;
or

{b) is registered in Ontario after the date of the order in
accordance with this Act,

Certificate
of registra-
tion after
notation of
change of
name.

Annulment
of order re
change of
name. .

1948, 0. . ..

be°daVed and (5) Every notation made pursuant to this section shall be
initialled. dated and initialled by the oflficer designated by the regula-
tions. New.

DIVORCE DECREES.

statement
by registrar
respecting
divorce
decrees.

Notation of
decree upon
registration
of marriage.

Divorce
decrees of
other juris-
dictions.

(4) If, subsequent to the registration of the divorce, Certificate
application is made for a marriage certificate, the certificate dissolved ^^
shall contain a copy of the notation made under subsection ^^ divorce.
2 or 3. New.

(5) The Registrar and the local registrars of the Supreme Fee for
Court shall receive a fee of fifty cents for each statement of aof^dfvorce.
divorce furnished to the Registrar-General and the fees shall

be payable from time to time by the Treasurer of Ontario
out of the Consolidated Revenue Fund. R.S.O. 1937, c. 88,
s. 30 (2), amended.

(6) Every notation made pursuant to this section shall be Notation on
dated and initialled by the officer designated by the regula-^®^'^
tions.

(7) No certificate of divorce shall be issued by the Registrar- Certificates
^ . ■.-, J b prohibited,
(jreneral. New.

28. — (1) Where a marriage that has been performed in Marriage
another province has been dissolved or annulled in Ontario, fna^notifel-
the Registrar-General upon receipt of the statement respecting p'"°'^'"°®-
the decree of divorce in respect of the marriage, transmitted
under section 27, shall require the Registrar or local registrar
who transmitted the statement to furnish him with a certified
copy of the order, judgment or decree issued under the seal of
the proper certifying authority.

REGISTRATION OF BIRTHS AND DEATHS
OCCURRING ON BOARD SHIP.

29. Upon receipt from the Minister of Transport of^jj-thsand
information transmitted under the Canada Shipping Act, 1934, ^®^*5^ 2^

/r- 1 \ • 1 1 • , r ,.,,.,.-- board ship.

(Canada), respectmg the birth of a child or the death of a

person on board a ship whose port of registry is within Ontario, (Canada).

the Deputy Registrar-General may register the birth or death.

New. ,

CHURCH RECORDS,

30. — (1) Any cemetery company or association, or any Filing of
religious body or historical society or association, or any records.

Records to
be preserved.

(2) Upon being deposited, the records shall be preserved
and remain in the custody of the Registrar-General as part
of the records of his office. New,

CORRECTION OF ERRORS IN REGISTRATIONS.

Corrections
by division
registrar.

31. — (1) If, while the registration of any birth, marriage,
death or still-birth is in the possession of a division registrar,
it is reported to him that an error has been made in the
registration he shall inquire into the facts and if he is satisfied
that an error has been made in the registration he may correct
the error according to the facts by a notation on the registra-
tion without any alteration being made in the registration.
R.S.O. 1937, c. 88, s. 17 (1), part, amended.

Correction
by personal
appearance.

(2) If the person originally supplying the information con-
tained in a registration to be corrected appears in person,
the division registrar may permit correction in the original
entry. New.

Correction (3) if^ after a registration has been received or made by the
General. Registrar-General, it is reported to him that an error has been
made, the Registrar-General shall inquire into the facts,
and upon the production of evidence satisfactory to him
supplemented by statutory declaration in the prescribed form,
he may correct the error by a notation on the registration
without any alteration being made in the registration. R.S.O.
1937, c. 88, s. 17 (2), part, amended.

Certificate
of registra-
tion which
has been
corrected.

Notation on (5) Every notation made pursuant to this section shall
registration, ^g dated and initialled by the person making the correc-
tion or the officer designated by the regulations. R.S.O. 1937,
c. 88, s. 17 (1, 2), part, amended.

REGISTRATION DIVISIONS.

32.— (1) The whole of Ontario shall be divided into Registration
registration divisions. R.S.O. 1937, c. 88, s. 12 (1), amended.

(2) Everv municipalitv shall be a registration division. Municipal
R.S.O. 1937, c. 88, s. 12^(2). "'''*'■

(3) The Lieutenant-Governor in Council may divide that Srit^ry!^®**
part of Ontario not within a municipality into registration
divisions, and may from time to time extend, reduce, sub-
divide or annul any such registration division or merge it in

APPOINTMENT AND DUTIES OF DIVISION REGISTRARS.

33. — (1) The clerk of every municipality shall be ex officioMunicipai

... ..... clerks to be

division registrar of the registration division formed by the division
municipality and any territory thereto attached unless ^he'"®gi^ '■^'"^•
Lieutenant-Governor in Council appoints some other person
as a division registrar in his stead. R.S.O. 1937, c. 88, s. 14
(1), amended.

(2) The Lieutenant-Governor in Council may appoint the -'Sppoiptment

.... . r . . ,• . . 1 • 1 • r of division

division registrar for a registration division which is formed of registrar in

... .... , , . . unorganized

territory not within a municipality or attached to a munici- territory,
pality. R.S.O. 1937, c. 88, s. 13, amended.

(3) The division registrar shall have power to take the Power to
afifidavit or statutory declaration of any person for the purposes davits.
of this Act. New.

(4) In a city having a population of 50,000 or over, the sub-
division registrar may, with the approval of the Registrar- [n^cft^^*^^
General, appoint such sub-registrars as may be necessary

for the more convenient carrying out of the provisions of this
Act with respect to the registration of deaths and for the
issuing of burial permits. R.S.O. 1937, c. 88, s. 34 (3).

(5) Where the Registrar-General deems it necessary in sub-
order to facilitate the registration of deaths for the purpose effewherl.
of burial in any section of Ontario, he may appoint a sub-
registrar for the special purpose of issuing a burial permit upon
pavment bv the applicant of a fee of twentv-five cents.
R.S.O. 1937, c. 88, s. 38 (1), amended.

registrar (^) ^ sub-registrar shall forthwith transmit the registration

rejdstraUon ^° ^^^ division registrar for the registration division in which
the death occurred or in which the body was found for regis-
tration by him. R.S.O. 1937, c. 88, s. 38 (2), amended.

Duties of

division

registrars.

34. The division registrar shall, —

(a) receive and sign statements and registrations and
issue burial permits; New.

(b) supply, free of charge, any prescribed form required

by any person in order to comply with this Act;
R.S.O. 1937, c. 88, s. 18 (1), amended.

received by him in a place of safety;

(d) use all available means to obtain the necessary
information for the purpose of completing the regis-
trations required to be made by him; R.S.O. 1937,

c. 88, s. 14 (5), amended.

(e) inform the proper person of the duty to furnish him

(f) examine every statement of birth, marriage, death or

still-birth in order to ascertain whether or not it has
been completed in the prescribed form;

(g) ensure that every registration of birth, marriage,
death or still-birth has been written legibly in durable

ink;

(h) refuse to accept any statement which does not
contain all the items of information required therein
unless he has received a satisfactory explanation
for the omission ; R.S.O. 1937, c. 88, s. 18 (2), amended.

(i) call attention to any defects in a statement of per-
sonal particulars or medical certificate of death
which is incomplete or unsatisfactory, and withhold
the issuance of the acknowledgment of registration of

death and the burial permit until such defects have
been corrected; R.S.O. 1937, c. 88, s. 18 (3), amended.

(j) sign every registration as division registrar in attesta-
tion of the date of registration in his office; New.

(I) transmit to the Registrar-General as required by the
regulations the registration of ever}^ birth, marriage,
death and still-birth made by him ;

(m) report the fact to the Registrar-General, in the
prescribed form, if no birth, marriage, death or still-
birth has been registered; R.S.O. 1937, c. 88, s. 14
(3), amended.

(«) keep such records as may be prescribed by the
regulations; and

(o) transmit to the proper division registrar within forty-
eight hours every registration of birth, marriage,
death or still-birth received by him which did not

occur within his registration division. New.

35. Every division registrar shall, under the direction of Report to
the Registrar-General, enforce this Act in his registration oeneraf of
division and shall make an immediate report to the Registrar- of Act?'^**°'^
General of any violation of this Act of which he has knowledge.
R.S.O. 1937, c. 88, s. 19, amended.

REMUNERATION OF DIVISION REGISTRAR.

36. — (1) Every municipality shall pay annually, on the Remunera-
1st day of February, to the division registrar, a remuneration dhr'isfo^n
of twenty-five cents for each registration of a birth, marriage, ^^^istrar.
death or still-birth transmitted to the Registrar-General
during the preceding calendar year, on presentation of the
certificate of the Registrar-General to the treasurer of the
municipality, but a municipality may by by-law with the
approval of the Registrar-General limit the aggregate remun-
eration of the division registrar or provide for the pa^Tnent
of a stated annual remuneration.

(2) Remuneration at double the rates set forth in sub- ^^^J^^'^^i'^-
section 1 shall be paid to every Indian-agent and to every unorganized
division registrar appointed by the Lieutenant-Governor in
Council for any registration division not included in or

Monthly
remunera-
tion per-
missible.

Registrar-
General to
distribute
forms.

Cost of
forms.

No other
forms to
be used.

Contents of

birth

certificate:

death
certificate;

attached to a municipality, by the Treasurer of Ontario
out of the Consolidated Revenue Fund. R.S.O. 1937, c. 88,

s. 54, amended.

FORMS.

37. — (1) The Registrar-General shall distribute the pre-
scribed forms to the division registrars.

(2) The cost of the prescribed forms and the distribution
thereof shall be paid out of the Consolidated Revenue Fund.

(3) No forms shall be used for the purposes of this Act
other than the prescribed forms supplied by the Registrar-
General. R.S.O. 1937, c. 88, s. 7, amended.

CERTIFICATES AND SEARCHES.

38. — (1) A birth certificate shall contain only the following
particulars of the registration :

(a) name of the child;

(b) date of birth;

(d) sex;

(e) date of registration ; and

(/) registration number.

(2) A death certificate shall contain only the following
particulars of the registration:

(a) name, age and marital status of the deceased ;

(b) date of death;

(d) sex;

(e) date of registration ; and

(/) registration number.
91

(3) A marriage certificate shall contain only the following ^^^^j^^^f^^
particulars of the registration:

(a) names of the parties;

(b) date of the marriage ;

(d) place of birth of each of the parties ;

(e) date of registration ; and
(/) registration number.

(4) No still-birth certificate shall be issued. fertmcate.

(5) A certificate, order or other document issued by the unde^seaff
Registrar-General pursuant to this Act, may bear the seal of

office of the Registrar-General. New.

39. — (1) Upon application and upon payment of the pre- ^^^j^^^^^j^
scribed fee, any person who furnishes substantially accurate certificate;
particulars and satisfies the Registrar-General as to his reason
for requiring it, may obtain from the Registrar-General a
birth certificate in respect of any birth of which there is regis-
tration in his office.

(3) Upon application and upon payment of the prescribed ^^[r^^|e^
fee, —

(a) one of the parties to the marriage;

(b) a parent of one of the parties;

(d) any person with the approval of the Registrar-

General,

may obtain from the Registrar-General a marriage certificate
in respect of any marriage of which there is a registration in
his office. R.S.O. 1937, c. 88, s. 6 (2), amended.

Who may

40.— (1) No certified copy of a registration of birth, of riyistra-^
death or still-birth shall be issued except to a person author- ^,^^^h° death

or still-
91 birth.

ized by the Registrar-General or the order of a court and upon
payment of the prescribed fee.

obtain'copy ^^^ ^° Certified copy of a registration of marriage shall be
ofregistra- issucd cxcept to One of the parties to the marriage or to a
marriage. person authorized by the Registrar-General or the order of a
court and upon payment of the prescribed fee. New.

Certifloate
as prima
facie
evidence.

Signature of (2) ^ lithographed, printed or stamped facsimile signature
Qeneraf "^ of the Registrar-General shall be sufficient authentication of a
certificate.

Copy of (^) ^ certified copy of a registration, signed by the Registrar-

^aa^f rimd°^ General or Deputy Registrar-General, purporting to be issued

facie pursuant to section 40, shall be admissible in anv court in

Ontario as prima facie evidence of the facts recorded therein.

Proviso.

(4) Notwithstanding subsections 1 and 3, no birth certi-
ficate and no certified copy of a registration of birth or still-
birth shall be admissible in evidence to aflfect a presumption
of legitimacy. New.

cates^by*^" '*^- ^ division registrar shall not issue a certificate in

re'^istrar respect of any birth, death, marriage or still-birth. New.

Searches.

43. — (1) Any person who, —

(a) applies; '

(b) pays the prescribed fee ; and

Search of

church

records.

(2) Any person who, —

(a) applies;

(b) pays the prescribed fee; and
91

may have search made for any birth, marriage, baptism or
death in any record kept in the office of the Registrar-General
pursuant to section 30.

(3) The only information given upon a search under sub- information
. . ^ 1 ,, , 1 • .1 • r ^L given on

section 1 or 2 shall be as to the existence or otherwise oi the search.

registration, and the registration number if registered. New.

GENERAL PROVISIONS.

44. Subject to section 29, no registration shall be made of a Ontario

, . , .,,,., • 11 • . • 1 r registrations

birth, still-birth, marriage or death occurring outside ot only.

Ontario. New.

45. The provisions of this Act shall apply in respect of ^fP|i!t°^*^°''
any birth, marriage, death, still-birth, divorce, adoption or

change of name, that has occurred prior to the passing of this
Act, as well as to any birth, marriage, death, still-birth,
divorce, adoption or change of name which may occur sub-
sequent to the passing of this Act. New.

46. No person shall issue any document which purports certmcaj;es
to be a certificate of a birth, marriage, death or still-birth issued,
other than a certificate provided for under the provisions of

this Act. New.

47. — (1) If, after such notice to and the hearing of such Registration
interested parties as he considers proper, the Registrar- obtained.
General is satisfied that a registration was fraudulently or
improperly obtained, he may order that a notation be made
on the registration to that effect and thereafter no certificate
shall be issued in respect of the registration.

(2) Upon the making of an order under subsection 1, the Order for
Registrar-General may require the delivery to him of every drtlflcate.
certificate previously issued in respect of the registration.

(3) If the Registrar-General has reason to believe that a Certificate
certificate in respect of a registration is being had or used for property,
fraudulent or improper purposes, he may, after such notice

to and hearing of such interested parties as he considers
proper, make an order requiring the deliver}^ of the certificate
to him.

(4) Any person who has in his possession or under his ^^Hfl®^^ °^
control a certificate in respect of which an order has been

made under subsection 2 or 3, shall forthwith deliver the
certificate to the Registrar-General. New.

Secrecy. 4g ^^ division registrar or sub-registrar and no person

PENALTIES.

Failure to
give notice
or furnish
particulars.

49. — (1) P2very person who neglects or fails to give any
notice, or to register or to furnish any statement, certificate
or particulars respecting the birth, marriage, death, still-
birth, divorce, adoption or change of name of any person as
required by this Act, shall be guilty of an offence and liable to a
penalty not exceeding $100. R.S.O. 1937, c. 88, s. 45 (1),
amended.

Neglect of
division
registrar
to make
returns.

False in-
formation.

False infor-
mation.

(2) Every person who wilfully makes, or causes to be made
a registration of a birth, marriage, death or still-birth as having
occurred in Ontario in respect of any person whose birth,
marriage, death or still-birth did not occur in Ontario, shall
be guilty of an offence and liable to a fine not exceeding S500
or to a term of imprisonment not exceeding six months or to
both fine and imprisonment. New.

51. Any person violating any of the provisions of section ^^fJcT%% °^
shall be guilty of an offence and liable to a penalty not exceed- provision,
ing S200. New.

52. Ever\- person guilty of any act or omission in violation pe^naity.
of this Act for which no penalty is otherwise provided shall be
guilty of an offence and liable to a penalty not exceeding $100.
R.S.6. 1937, c. 88, s. 46, amended.

53. The penalties imposed by this Act shall be recoverable how^recover-
under The Summary Convictions Act. R.S.O. 1937, c. 88,|^^J®- g^.^^.

s. 48. ' °- 136.

REGULATIONS.

54. The Lieutenant-Governor in Council may make ^®^"^^*^°'^^-
regulations, —

(a) prescribing the forms to be used in carrying out the

provisions of this Act;

(b) prescribing the duties of the Deputy Registrar-

General and providing for the delegation to him of
uch of the powers and duties of the Registrar-
General as may be deemed necessary;

(d) prescribing the system of filing of registrations;

(e) prescribing the particulars of registrations to be

entered in the indexes;

(/) prescribing the duties of and records to be kept by
the division registrars;

(g) prescribing the information and returns to be fur-
nished to the Registrar-General, and fixing the times
when information and returns are to be transmitted ;

(h) fixing the times when division registrars shall forward
registrations to the Registrar-General;

(i) prescribing the duties of, and returns to be made by
sub-registrars;

(j) designating the persons who may have access to, or
may be given information from the records in the
Registrar-General's office, and prescribing an oath
of secrecy to be taken by such persons;

(k) for the registration of births, marriages, deaths,
still-births, divorces, adoptions or changes of name
in cases not otherwise provided for in the Act;

(/) prescribing the fees to be paid for searches, ccrtifi
cates and anything done or permitted to be done
under the Act and providing for the waiver of payi
ment of any such fees in favour of any person
class of persons;

(w) designating the officers who may sign registration!
and notations;

(») prescribing the evidence on which the Registrar-
General may register a birth, still-birth, marriage or
death after one year from the date thereof;

{6) prescribing the evidence on which the Registrar-
General may make a registration of birth in thel
case of a child legitimated by the subsequent inter-.|
marriage of his parents;

{p) requiring the persons in charge of hospitals to make
returns of the births of all children born in the
hospitals ;

(g) prescribing special forms for registrations in respecti
of Indians;

(r) providing that registrations in respect of Indians
shall be kept separate from other registrations;

(5) authorizing every Indian-agent in Ontario to act ex
officio as division registrar for the Indians under his
jurisdiction; and

(0 for the purpose of effectively securing the due obser-
vance of the Act, and generally for the better carrying
out of the provisions thereof and obtaining the
information required thereby. R.S.O. 1937, c. 88,
s. 53, amended.

Transfer of
change of
name
material
from Regis-
trar of
Supreme
Court.

1939. c. 6.

SPECIAL PROVISIONS.

65. — (1) The Registrar of the Supreme Court shall transmit
to the Registrar-General, upon the coming into force of this
Act, —

{a) all certified copies of orders and duplicate originals
of applications and verifying affidavits received by
him pursuant to The Change of Name Act, 1939;

(b) all index books kept by him pursuant to the said Act;
and

(2) The Registrar-General, upon application in the pre- j^otation of
scribed form and upon production of evidence satisfactory °^^|e°Jyj._

to him, — li^e before

the com-
mencement

(a) that the name of a person whose birth or marriage °
has been registered in Ontario was changed prior to
the coming into force of this Act by an order under
The Change of Name Act, 1939; ' i939. c. 6.

{h) that the order has not been annulled; and

shall cause a notation and references to be made as provided
in subsection 2 of section 26, and subsections 3 to 5 of section
26 shall thereupon be applicable. New.

REPEAL.

66. The Vital Statistics Act, section 33 of The Statute Law^^^^^l^l'^
Amendment Act, 1939, section 42 of The Statute Law Amend-'^-fj'-^- ff:

1941 c oo

ment Act, 1941, section 40 of The Statute Law Amendments- 4:2] 19^2',

. C 34 S 40'

Act, 1942, and section 40 of The Statute Law Amendment I'd'isl 0. 28'.
Act, 1943, are repealed. petted".®'

COMMENCEMENT OF ACT.

57. This Act shall come into force on a day to be named by commence-

iT- /-^ ti-T->i • ment of Act.

the Lieutenant-Governor by his rroclamation.

SHORT TITLE.

58. This Act may be cited as The Vital Statistics Act, 1948. short title.

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No. 92

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Female Refuges Act.

Mr. Blackwell

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note

The effect of this amendment is to give a judge of a juvenile court power
to deal with cases under The Female Refuges Act.

No. 92 1948

BILL

An Act to amend The Female Refuges Act.

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

Rev. Stat.,

1. Clause c of section 1 of The Female Refuges Act isci. c, ' ^' '
amended by inserting after the word "court" in the second line ^'^®'^<ie^-
the words "judge of a juvenile court," so that the said clause

shall now read as follows:

(c) "Judge" shall include judge of the Supreme Court, "Judge".
judge of a county or district court, judge of a juvenile
court, and magistrate.

2. This Act may be cited as The Female Refuges Amendment short title.
Act, 1948.

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No. 92

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Female Refuges Act.

Mr. Blackwell

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 92 • 1948

BILL

An Act to amend The Female Refuges Act.

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

Rev. Stat..

1. Clause c of section 1 of The Female Refuges Act isci. c,*' ^' ■^'
amended by inserting after the word "court" in the second line ^"^6'^^6<*-
the words "judge of a juvenile court," so that the said clause

shall now read as follows:

{c) "Judge" shall include judge of the Supreme Court, "Judge",
judge of a county or district court, judge of a juvenile
court, and magistrate.

2. This Act may be cited as The Female Refuges Amendment Short title.
Ad, 1948.

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No. 93

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Agricultural Development Finance Act.

Mr. Frost

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note

This Act, passed in 1921, empowers the Treasurer of Ontario to borrow
money by means of deposits in any amount from any person and to open
offices for this purpose. Section 3 states the purposes for which the money
borrowed may be used. It now reads:

3. Moneys available under this Act shall be used for investment for
any one or all of the following purposes and no other:

(b) bonds or debentures issued under The Agricultural Development

Act:

(d) bonds or debentures of or guaranteed by any municipality or
school section in the Province of Ontario;

No. 93 1948

BILL

An Act to amend The Agricultural Development
Finance Act.

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

1. Section 3 of The Agricultural Development Finance Act^^^rj^^^^-'
is repealed and the following substituted therefor: re-enacted.

3. Moneys borrowed under this Act shall be used for use of

.,-,,. . , , ,. . moneys.

any oi the tollowing purposes: tor the public service,
for works carried on by commissioners on behalf of
Ontario, for the covering of any debt of Ontario on
open account, for paying any floating indebtedness
of Ontario, and for the carrying on of the public
works authorized by the Legislature.

2. This Act shall come into force on the day upon which it commence-
receives the Koyal Assent.

3. This Act may be cited as The Agricultural Developrnent short title.
Finance Amendment Act, 1948.

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No. 93

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Agricultural Development Finance Act.

Mr. Frost

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 93 1948

BILL

An Act to amend The Agricultural Development
Finance Act.

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

1. Section 3 of The Agricultural Development Finance ylc/ Rev. stat.,
is repealed and the following substituted therefor: re-enacted.

3. Moneys borrowed under this Act shall be used for use of
any of the following purposes: for the public service,
for works carried on by commissioners on behalf of
Ontario, for the covering of any debt of Ontario on
open account, for paying any floating indebtedness
of Ontario, and for the carrying on of the public
works authorized by the Legislature.

2. This Act shall come into force on the day upon which it Commence-

^1- T-> 1 \ j_ ment of Act.

receives the Royal Assent.

3. This i\ct may be cited as The Agricultural Development Short title.
Finance Amendment Act, 1948.

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No. 94

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Northern Development Act.

Mr. Frost

TORONTO

Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty

Explanatory Notes

Section 1. The appointment of an assistant commissioner is made
possible.

Section 2. Sections 5 and 6, which deal with the taking of oaths and
the fixing of salaries, are deleted as these matters are now dealt with in
The Public Service Act, 1947.

Section 3. The powers of the Commissioner are broadened in order
that titles may be cleared up in cases where settlers' lands have been
abandoned.

No. 94 1948

t BILL

An Act to amend The Northern Development Act.

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

1. The Northern Development Act is amended by adding
thereto the following section:

Rev. Stat,
c. 34,
amended.

4a. The Lieutenant-Governor in Council may from time Assistant
to time appoint an assistant commissioner who shall gjoJ^?!''''
have and may exercise and perform all the powers,
rights, duties and obligations of a commissioner
under this Act.

2. Sections 5 and 6 of The Northern Development Act areRev. stat..
repealed. ss. 5,' 6,

repealed.

3. Section 22 of The Northern Development Act is repealed Rev. stat..
and the following substituted therefor: re-enacted."

22. — (1) Where notice of a lien or charge in respect of a Powers as
loan to a settler has been duly registered in theuens.
Department of Lands and Forests or in the proper
registry or land titles office in accordance with this
Act or any predecessor of this Act, the Commissioner
shall be deemed to have and to have had from the
date of the registration of such notice and may
exercise and enforce all rights, privileges, powers and
remedies in the name of the Crown in the same
manner and to the same extent as if the settler and
his wife, if any, to bar her dower or as co-mortgagor
or co-chargor had executed a mortgage to the Crown
under The Mortgages Act and such mortgage had Rev. stat.,
been registered against the lands described in the °' ■'^^^'
notice of lien.

(2) In addition to the rights, privileges, powers and Additional
remedies given under The Mortgages Act, the Com-^*^^^
missioner, on default of payment for six months,
may on one month's notice enter on and lease or
sell the said lands.

Notice.

(3) The notice under subsection 2 may be effectually

given,—

Validity
of notice.

(a) where the lands described in the notice of
lien are occupied, by leaving it with any person
on the lands; or

(6) where the lands are unoccupied, by posting it
in a conspicuous place on the lands, or by
publishing it once in a newspaper having a
general circulation in the locality in which the
lands are situate.

(4) The notice shall be effectual although, —

(a) it is not addressed to any person or persons
by name or designation ;

(b) any person or persons to be effected thereby

may be unknown or unascertained or under
disability;

thereby may be dead and no personal repre-
sentative appointed to their respective estates;
and

(d) the whereabouts of the settler and his wife or
of any person to be affected thereby may be
unknown.

Payments
due deemed
as rent.

Rev. Stat.,
c. 219.

(5) Any payment or payments due or to become due on
the said lands shall be deemed to be rent, and the
Commission shall be deemed to have and to have had
from the date of the registration of the notice of lien,
and may exercise and enforce all rights, privileges,
powers and remedies in the name of the Crown in
the same manner and to the same extent as a land-
lord under The Landlord and Tenant Act.

Assignment
of charge
or loan
debt.

Rev. Stat.,
c. 155.

Power to
accept
release of
settler's
interest and
dispose of
land.

(6) The Commissioner may assign the loan, debt or
charge and convey the property charged, and the
person to whom any such assignment is made shall
have, and in his own name may exercise and enforce
all rights, privileges, powers and remedies in the same
manner and to the same extent as if the said lien or
charge were a mortgage made under The Mortgages
Act and assigned to such person.

(7) The Commissioner may accept a release, quit claim

or other conveyance of the settler's interest or the

Section 4. Self-explanatory,

interest of any interested person in title in the lands
in regard to which any lien exists and may sell, lease
or otherwise dispose of any property which he has
thus acquired at such price and upon such terms as
in his discretion is deemed advisable.

4. Every certificate of discharge and every release given by certificates
the Minister, Deputy Minister or Commissioner prior to the and'reieas^
1st day of January, 1948, purporting to discharge any lien or '^°'^^^™®**-
charge under The Northern Development Act or any prede-
cessor of The Northern Development Act is hereby confirmed.

5. This Act may be cited as The Northern Development Short title.
Amendment Act, 1948.

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No. 94

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Northern Development Act.

Mr. Frost

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 94 1948

BILL

An Act to amend The Northern Development Act.

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

1. The Northern Development Act is amended by adding Rev. stat.,
thereto the following section: amet^ded.

4a. The Lieutenant-Governor in Council may from time Assistant
to time appoint an assistant commissioner who shall ^°™^''^"
have and may exercise and perform all the powers,
rights, duties and obligations of a commissioner
under this Act.

2. Sections 5 and 6 of The Northern Development Act are Rev. stat.,
repealed. ss. 5,' 6.

repealed.

3. Section 22 of The Northern Development Act is repealed Rev. stat..
and the following substituted therefor: re-en'acted.'

22. — (1) Where notice of a lien or charge in respect of a Powers as
loan to a settler has been duly registered in the [^nl.^'^*®'"®'*
Department of Lands and Forests or in the proper
registry or land titles office in accordance with this
Act or any predecessor of this Act, the Commissioner
shall be deemed to have and to have had from the
date of the registration of such notice and may
exercise and enforce all rights, privileges, powers and
remedies in the name of the Crown in the same
manner and to the same extent as if the settler and
his wife, if aay, to bar her dower or as co-mortgagof
or co-chargor had executed a mortgage to the Crown
under The Mortgages Act and such mortgage had j^gv. stat.,
been registered against the lands described in the °- ^^^•
notice of lien.

(2) In addition to th'e rights, privileges, powers and Additional
remedies given under The Mortgages Act, the Com-^°^^®^^"
missioner, on default of payment for six months,
may on one month's notice enter on and lease or
sell the said lands.

Notice.

(3) The notice under subsection 2 may be effectually

given , —

(a) where the lands described in the notice of

Hen are occupied, by leaving it with any person
on the lands; or

(b) where the lands are unoccupied, by posting it

in a conspicuous place on the lands, or by
publishing it once in a newspaper having a
general circulation in the locality in which the
lands are situate.

Validity
of notice.

(4) The notice shall be effectual although, —

(a) it is not addressed to any person or persons
by name or designation ;

(b) any person or persons to be effected thereby

may be unknown or unascertained or under
disability;

thereby may be dead and no personal repre-
sentative appointed to their respective estates;
and

(d) the whereabouts of the settler and his wife or
of any person to be affected thereby may be
unknown.

Payments
due deemed
as rent.

Rev. Stat.,
0. 219.

(5) Any payment or payments due or to become due on
the said lands shall be deemed to be rent, and the
Commission shall be deemed to have and to have had
from the date of the registration of the notice of lien,
and may exercise and enforce all rights, privileges,
powers and remedies in the name of the Crown in
the same manner and to the same e.xtent as a land-
lord under The Landlord and Tenant Act.

Assignment
of charge
or loan
debt.

Rev. Stat.,
c. 155.

Power to
accept
release of
settler's
interest and
dispose of
land.

(6) The Commissioner may assign the loan, debt or

charge and convey the property charged, and the
person to whom any such assignment is made shall
have, and in his own name may exercise and enforce
all rights, privileges, powers and remedies in the same
manner and to the same extent as if the said lien or
charge were a mortgage made under The Mortgages
Act and assigned to such person.

(7) The Commissioner may accept a release, quit claim

or other convejance of the settler's interest or the

4. Every certificate of discharge and every release given by certificates
the Minister, Deputy Minister or Commissioner prior to the °n^\^ei^|g||
1st day of January, 1948, purporting to discharge any lien or '^°'^^'""^®^-
charge under The Northern Development Act or any prede-
cessor of The Northern Development Act is hereby confirmed.

5. This Act may be cited as The Northern Development short title.
Amendment Act, 1948.

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No. 95

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Adoption Act.

Mr. Goodfellow

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note

This amendment is complementary to the provisions of The Vital
Statistics Act, 1948. The present section 12 provides what shall be done by
the Registrar-General upon receipt of an adoption order and such matters
are now covered in The Vital Statistics Act, 1948.

No. 95 1948

BILL

An Act to amend The Adoption Act.

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

1. Section 12 of The Adoption Act is repealed and the Rev. stat.,
following substituted therefor: r4-lnl'ct4d.^'

12. — (1) The proper officer of the court shall transmit Copy of
to the Registrar-General under The Vital Statistics RegistrLr-
Act, 1948, a certified copy of every adoption order, f Q4i^ q]\ _
under the seal of the proper certifying authority,
within ten days of the making of the order.

(2) Where the adopted child was born outside of Ontario Additional
the clerk shall transmit an additional certified copy''"'^^'
to the Registrar-General.

2. This Act shall come into force on a day to be named by £*^"V"®P^®\
the Lieutenant-Governor by his rroclamation.

3. This Act may be cited as The Adoption Amendment ^^^^^ *'*'®-
Act, 1948.

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No. 95

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Adoption Act.

Mr. Goodfellow

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 95 1948

BILL

An Act to amend The Adoption Act.

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

1. Section 12 of The Adoption Act is repealed and theRev. stat

c. 218. s. i':
re-enacted.

following substituted therefor: °- ^^^- ^- i^-

12.— (1) The proper officer of the court shall transmit Copy of
to the Registrar-General under The Vital Statistics Registrar-
Act, 1948, a certified copy of ev^ery adoption order, ^9®4'^8®^c''
under the seal of the proper certifying authority,
within ten days of the making of the order.

(2) Where the adopted child was born outside of Ontario Additional
the clerk shall transmit an additional certified copy^°^^'
to the Registrar-General.

2. This Act shall come into force on a day to be named byCommence-

,T- ^ 11-T-ii- ment of Act.

the Lieutenant-Governor by his rroclamation.

3. This Act may be cited as The Adoption Amendment ^^^"^^ tit^^-
Act, 1948.

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No. 96

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Apprenticeship Act.

Mr. Daley

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note

These amendments are necessary in order that the Act may be properly
administered. Their purpose is to enable a branch of a designated trade to
be defined and enable the period of time in each year to be served by an
apprentice to be prescribed in the regulations.

No. 96 1948

BILL

An Act to amend The Apprenticeship Act.

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

1. Clause c of section 1 of The Apprenticeship Act is repealed ^^^2^***1
and the following substituted therefor: ci. c. ' '

° re-enacted.

(c) "Designated trade" shall mean any trade specified J-'j-^^e"."^*^^
in or added to Schedule A or B hereto or any branch
of any such trade.

2. Clause a of subsection 1 of section 15 of The Apprentice-'R^'^- stat.,
ship Act, as re-enacted by subsection 1 of section 4 of Thesuhs. i.'
Apprenticeship Amendment Act, 1946, is repealed and the(i946.
following substituted therefor: siibs.^if.'

re-enacted.

{a) defining any designated trade;

{aa) prescribing the qualifications of persons who may
become apprentices in any designated trade, the
nature and number of educational classes to be
attended, the course of training to be provided by the
employer and the period of time in each year to be
completed by an apprentice in learning his trade.

3. This Act shall come into force on the day upon which it ment"(f "l^c't.
receives the Royal Assent.

4. This Act may be cited as The Apprenticeship Amend- Short title,
ment Act, 1948.

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No. 96

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Apprenticeship Act.

Mr. Daley

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 96 1948

BILL

An Act to amend The Apprenticeship Act.

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

1. Clause c of section 1 of The Apprenticeship Act is repealed Rev stat.,

and the followins; substituted therefor: ci. c.

re-enacted.

(c) "Designated trade" shall mean any trade specified j'j.^^|^,?^^*®^
in or added to Schedule A or B hereto or any branch
of any such trade.

2. Clause a of subsection 1 of section 15 of The Apprentice- Rev. stat.,_

ship Act, as re-enacted by subsection 1 of section 4 of Thesuhs. i, '

Apprenticeship Amendment Act, 1946, is repealed and the (i946,

following substituted therefor: subs.^if,'

re-enacted.

(a) defining any designated trade;

{aa) prescribing the qualifications of persons who ma\'
become apprentices in any designated trade, the
nature and number of educational classes to be
attended, the course of training to be provided by the
employer and the period of time in each year to be
completed by an apprentice in learning his trade.

3. This Act shall come into force on the day upon which it ment^oTl^.
receives the Ro\al Assent.

4. This Act may be cited as The Apprenticeship Amend- Sh.oTt title,
ment Act, 1948.

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No. 97

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Factory, Shop and Office Building Act.

Mr. Daley

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes.

Section 1. The purpose of the proposed subsections is to improve
safety requirements in factories.

Section 2. The proposed section complements Bill No. SI, An Act
to amend The Industrial Standards Act, and enlarges the powers of local
municipalities with respect to the closing of retail gasoline outlets.

No. 97 1948

BILL

An Act to amend The Factory, Shop and
Office Building Act.

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

1. Subsection 1 of section 53 of The Factory, Shop and Q^ce ^Y94%**53,
Building Act is repealed and the following substituted therefor: ^^.^^^J^-^g^j

(1) Where any mill-gearing, machinery, appliance, place. Dangerous

^ ^ ■' , . ^ ^' •;' ^% . '^ ' places to be

matter or thmg, or part or parts thereof, m a factory fenced or
is dangerous to any person, it shall be safely fenced ^"^'^
or guarded unless its position, construction or at-
tachment assures protection.

(la) Where any dangerous machinery, or part or parts safety
thereof, cannot be safely fenced or guarded, the re- '^®^''^®^'
quirements of subsection 1 shall be deemed to have
been complied with if the machinery is provided with
a safety device which automatically prevents any
person operating it from coming into contact with
any dangerous part.

, Not more

(lb) Not more than one person shall work withm reach than one

f. Ml • 1 T 1 !• • • person to

of anv guiilotme-knife, shears, press dies, in-runnmg be within

II ' • M J • reach of

roils or any similar device. certain

devices.

(Ic) Where an inspector has given notice in writing to Cleaning

, 1 • 1 t • machinery.

an employer, no machinery other than steam engines
shall be cleaned while in motion.

2. The Factory, Shop and Office Building Act is amended by Rev. stat.,
adding thereto the following section: amended.

82a. In addition to any matter authorized by section 82, ^j^^^^Yine
any by-law thereunder applicable to retail gasoline outlets,
service stations, gasoline pumps and outlets in the

retail gasoline service industry as defined in The B.ev. stat.
Industrial Standards Act may, —

Commence-
ment of Act.

Short title.

(a) provide that the by-law shall apply only in
the portion or portions of the municipality
designated in the by-law;

(b) require that during the whole or any part or

parts of the year such retail gasoline service
stations, gasoline pumps and outlets be closed
and remain closed during any time or hours
between six of the clock in the afternoon of
Saturday and five of the clock in the forenoon
of the next following Monday; and

the retail gasoline service station, gasoline
pump or outlet for which it is issued to be
and remain open, notwithstanding the by-
law, on the day or days specified in the per-
mit until the time or hour specified therein.

3. This Act shall come into force on the day upon which
it receives the Royal Assent.

4. This Act may be cited as The Factory, Shop and Office
Building Amendment Act, 1948.

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No.'97

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Factory, Shop and Office Building Act.

Mr. Daley

(Reprinted as amended in Committee of the Whole House.)

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes.

Section 1. The purpose of the proposed subsections is to improve
safety requirements in factories.

Section 2. The proposed section complements Bill No. 81, An Act
to amend The Industrial Standards Act, and enlarges the powers of local
municipalities with respect to the closing of retail gasoline outlets.

No. 97 1948

BILL

An Act to amend The Factory, Shop and
Office Building Act.

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

1. Subsection 1 of section 53 of The Factory, Shop and Q^cg ^Y94^*s^V3.
Building Act is repealed and the following substituted therefor: re-enacted

(1) Where any mill-gearing, machinery, appliance, place, Dangerous
matter or thing, or part or parts thereof, in a factory fenced or
is dangerous to any person, it shall be safel}- fenced ^"'^'^ ^'^'
or guarded unless its position, construction or at-
tachment assures protection.

(la) Where any dangerous machinery-, or part or parts safety
thereof, cannot be safely fenced or guarded, the x:e-'^^^^^^^-
quirements of subsection 1 shall be deemed to have
been complied with if the machinery is provided with
a safety device which automatically prevents any
person operating it from coming into contact w^ith
any dangerous part.

{lb) Not more than one person shall work within reach than one
of any guillotine-knife, shears, press dies, in-running be within
rolls or any similar device. certain

devices.
(Ic) Where an inspector has given notice in writing to Cleaning

1 u- iU ^u 4- • machinery.

an employer, no machmery other than steam engmes
•shall be cleaned while in motion.

2. The Factory, Shop and Office Building Act is amended by Rev. stat.,
adding thereto the following section: amended.

82a. In addition to any matter authorized by section 82, Retail^.
any by-law thereunder applicable to retail gasoline outlets,
service stations, gasoline pumps and outlets in the

retail gasoline service industrv as defined in TAe Rev. stat.

' c 19i

Industrial Standards Act may, —

(a) provide that the by-law shall apply only in
the portion or portions of the municipality
designated in the by-law;

I^F* (b) require that during the whole or any part or

parts of the year such retail gasoline service
stations, gasoline pumps and outlets be closed
and remain closed at and during any time or
hours between six of the clock in the afternoon
of any day and seven of the clock in the fore-
noon of the next following day and between
six of the clock in the afternoon of Saturday
and seven of the clock in the forenoon of the
next following Monday; and

(c) provide for the issuing of permits authorizing
the retail gasoline service station, gasoline
pump or outlet for which it is issued to be and
remain open, notwithstanding the by-law,
during the part or parts of the day or days
specified in the permit. "^Pl

ment"oTAct ^* ^^^^ ^^^ shall come into force on the day upon which
it receives the Royal Assent.

Short title.

4. This Act may be cited as The Factory, Shop and Office
Building Amendment Act, 1948.

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No. 97

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Factory, Shop and Office Building Act.

Mr. Daley

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 97 1948

BILL

An Act to amend The Factory, Shop and
Office Building Act.

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

1. Subsection 1 of section 53 of The Factory, Shop and Q^ce^Y94%^*53.
Building Act is repealed and the following substituted therefor: ^^^^^j^gj^-^^jj^

(1) Where any mill-gearing, machinery, appliance, place. Dangerous

, . , - . - places to b

matter or thmg, or part or parts thereoi, m a factory fenced or
is dangerous to any person, it shall be safely fenced ^"^^ ®
or guarded unless its position, construction or at-
tachment assures protection.

(la) Where any dangerous machinery, or part or parts safety
thereof, cannot be safely fenced or guarded, the xe-^^'^'^^^^'
quirements of subsection 1 shall be deemed to have
been complied with if the machinery is provided with
a safety device which automatically prevents any
person operating it from coming into contact with
any dangerous part.

(1&) Not more than one person shall work within reach than one
of any guillotine-knife, shears, press dies, in-running be within

11 • M J • reach of

rolls or any similar device. certain

devices.

(Ic) Where an inspector has given notice in writing to Cleaning

I u- .uu .uu ^ • machinery.

an employer, no machinery other than steam engines
shall be cleaned while in motion.

2. The Factory, Shop and Office Building Act is amended by Rev. stat..
adding thereto the following section: amended.

82a. In addition to any matter authorized by section 82,R^et^aine
any by-law thereunder applicable to retail gasoline outlets,
service stations, gasoline pumps and outlets in the
retail gasoline service industrv as defined in 7"/ze Rev. stat.,

" c. 191.

Industrial Standards Act ma>', —
97

(a) provide that the by-law shall apply only in

the portion or portions of the municipality
designated in the by-law;

(b) require that during the whole or any part or
parts of the year such retail gasoline service
stations, gasoline pumps and outlets be closed
and remain closed at and during any time or
hours between six of the clock in the afternoon
of any day and seven of the clock in the fore-
noon of the next following day and between
six of the clock in the afternoon of Saturday
and seven of the clock in the forenoon of the
next following Monday; and

the retail gasoline service station, gasoline
pump or outlet for which it is issued to be and
remain open, notwithstanding the by-law,
during the part or parts of the day or days
specified in the permit.

ment"oTAct ^* ^^^^ ^^t shall come into force on the day upon which
it receives the Royal Assent.

Short title. 4 This Act may be cited as The Factory, Shop and Office
Building Amendment Act, 1948.

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No. 98

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The University Avenue Extension Act, 1928.

Mr. Dunbar

TORONTO

Printed and Published by Baptist Johnston

Printee to the King's Most Excellent Majesty

Explanatory Note

The body that in 1928 was known as the Ontario Railway and Muni-
cipal Board is now the Ontario Municipal Board.

It is considered that the approval of the Municipal Board to by-laws
disposing of these surplus lands is adequate. The additional approval of
the Lieutenant-Governor in Council to such by-laws will no longer be
required.

No. 98 1948

BILL

An Act to amend The University Avenue Extension

Act, 1928.

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

1 . Subsection 5 of section 2 of The University Avenue i928. c. i7.
Extension Act, 1928, is amended by striking out the words a'mendecf.' '
"Railway and" in the seventh line and the words "and of the
Lieutenant-Governor in Council" in the seventh and eighth

lines, so that the said subsection shall now read as follows:

(5) Upon University Avenue being extended under the Sale of new
provisions of this Act the lands acquired by the said extenlfon of
corporation on either side of University Avenue as Avenue!*^
so extended shall be sold, leased or otherwise disposed
of by the said corporation upon such terms and
conditions as may be fixed by by-law of the council
of the said corporation with the approval of the
Ontario Municipal Board, and all purchase moneys
and rentals received for such lands shall be paid into
the general funds of the corporation.

2. This Act may be cited as The University Avenue Exten- short title.
sion Amendment Act, 1948.

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No. 98

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend ThcjUniversity Avenue Extension Act, 1928.

Mr. Dunbar

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 98 1948

BILL

An Act to amend The University Avenue Extension

Act, 1928.

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

1. Subsection 5 of section 2 of The University Avenue i928, c. n.
Extension Act, 1928, is amended by striking out the words am ended.' '
"Railway and" in the seventh line and the words "and of the
Lieutenant-Governor in Council" in the seventh and eighth

lines, so that the said subsection shall now read as follows:

(5) Upon University Avenue being extended . under thesaieofnew
provisions of this Act the lands acquired by the said extension of
corporation on either side of University Avenue as Avenue!*^'
so extended shall be sold, leased or otherwise disposed
of by the said corporation upon such terms and
conditions as may be fixed by by-law of the council
of the said corporation with the approval of the
Ontario Municipal Board, and all purchase moneys
and rentals received for such lands shall be paid into
the general funds of the corporation.

2. This Act may be cited as The University Avenue Exten- short title.
sion Amendment Act, 1948.

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No. 99

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Assessment Act.

Mr. Dunbar

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes

Section 1 — Subsection 1. This amendment merely brings this clause
into line with the balance of the subsection.

Subsection 2. At present rooming houses as defined in clause a of
subsection 9 of section 8 of The Assessment Act are exempt from assessment
for business tax. The effect of the present definition is to make it clear
that a rooming house proprietor is exempt only if he is resident in the
rooming house and occupies at least fifty per centum of the floor space as
his residence.

Section 2. Column 3 of the assessment roll presently requires an
entry of the age of every person entered on the roll. The amendment
changes the entry to "the year of birth of every person entered on the roll".

No. 99 1948

BILL

An Act to amend The Assessment Act.

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

1. — (1) Clause k of subsection 1 of section 8 of The Assess-B.ev. stat.,

. . c 272 s 8

ment Act is amended by inserting after the letter "/" in thesiibs. i. ci.'ife,
eighth line the word and letter "or m", so that the said clause ^"^^^ ®
shall now read as follows:

{k) Every person carrying on the business of a photo-
grapher or of a theatre, concert hall, or skating rink,
or other place of amusement, or of a boarding stable,
or a livery, or the letting of vehicles or other property
for hire, or of a restaurant, eating house, or other
house of public entertainment, or of a hotel or any
business not before in this section or in claUvSe I or m
specially mentioned, for a sum equal to twenty-five
per centum of the assessed value.

(2) Clause a of subsection 9 of the said section 8, as enacted ^Y72^*s^V
by section 2 of The Assessment Amendment Act, 1940, is re-subs. 9. ci. a
pealed and the following substituted therefor: c. i. s. 2),

re-enacted.

(a) In this subsection, "rooming house" shall mean any
house or building or portion thereof, in which the
. proprietor resides and occupies at least fifty per
centum of the floor space as his residence, and
supplies for hire or gain to other persons, lodging with
or without meals in rooms furnished by the proprietor
with necessary furnishings, and shall not include an
hotel or apartment house.

2. Subsection 3 of section 23 of The Assessment Act, as Rev. stat..
amended bv section 15 of The Assessment Amendment Act,l{xhs.zf'
1947, is further amended by striking out "Column 3.— The ^"'^''**^'*-
age of every person entered on the roll" and inserting in lieu
thereof "Column 3. — The year of birth of every person entered
on the roll".

Rev. Stat.,
c. 272, 8. 38
(1946,
c. 3. 8. 6).
amended.

3. Section 38 of The Assessment Act, as re-enacled by
section 6 of The Assessment Amendment Act, 1946 and
amended by section 16 of The Assessment Amendment Act,
1947, is further amended by adding thereto the following
subsection :

Section 57
not to apply.

(la) The provisions of section 57 shall not apply in
respect of land owned by His Majesty in right of
Ontario or land in which His Majesty in right of
Ontario has an interest.

Rev. Stat.,
c. 272. 8. 39.
8 ub8. 6.
amended.

4. Subsection 6 of section 39 of The Assessment Act, as
amended by subsection 1 of section 17 of The Assessment
Amendment Act, 1947, is further amended by inserting after
the word "situate" in the fourth line the words "or, in unor-
ganized territory, the school board having jurisdiction over
the area in which such mine or mineral work is situate", so
that the said subsection shall now read as follows:

Profits from
mines.

(6) The profits from a mine or mineral work shall be
assessed by, and the tax leviable thereon shall be
paid to the municipality in which such mine or
mineral work is situate, or, in unorganized territory,
the school board having jurisdiction over the area in
which such mine or mineral work is situate; provided
that the assessment on each oil or gas well operated
at any time during the year shall be at least $20.

Rev. Stat.,
c. 272. 8. 57,
sub8. 2,
amended.

5. — (1) Subsection 2 of section 57 of The Assessment Act
is amended by striking out the words "income or" where they
occur in the second and seventh lines respectively, and by
inserting after the word "omitted" in the third line the
words "in whole or in part", so that the said subsection shall
now read as follows:

I missions of
business
assessment.

(2) If at any time it appears to any officer of the muni-
cipality that any business assessment has been
omitted in whole or in part from the assessment roll
for the current year or for either or both of the next
two preceding years, he shall report the same to the
clerk of the municipality, or if the omission to assess
comes to the knowledge of the clerk in any other
manner, and the clerk shall enter such business
assessment on the assessment roll from which such
assessment has been omitted, and as well for the
preceding year as for the current year, on the col-
lector's roll for the current year, but in respect to any
assessment for a preceding year or years the taxes
payable in respect thereto shall be calculated at the
rates of taxation levied for such >ear or years.

Section 3. Subsection 1 of section 38 of The Assessment Act author-
izes assessment of the interest of a tenant of Crown land or land in which
the Crown has an interest. Section 57 authorizes the addition to the
collector's roll of land which has not been assessed for the current year or
the two preceding years. The effect of this amendment is that no such
addition can be made in respect of Ontario Crown lands, that is, unless the
assessment is made at the normal time it cannot be added later.

Section 4. This amendment makes it clear that a school board in
unorganized territory has authority to assess and collect taxes on the
profits of a mine or mineral work situate in the area for which the school
board was established.

Section 5 — Subsection 1. The authority for municipal income assess-
ment was repealed in 1947.

The words added to subsection 2 of section 57 of The Assessment Act
ensure that where a part only of the land used in connection with a business
has been assessed, the provisions of section 57 will operate to allow the
addition of the balance of the land so used.

Subsection 2. This amendment makes it clear that an appeal lies from
the court of revision to the county judge. A further appeal to the Ontario
Municipal Board is given in the re-enactment of subsection 1 of section 84
of The Assessment Act (see section 11 of this Bill).

Section 6 — Subsection 1. This amendment makes it clear that the
provisions of The Assessment Act with respect to the making and revision
of assessment rolls and the times therefor apply in every municipality in
Ontario. In addition change is made to permit the roll to be returned,
the court of revision to be closed, and the county judge to make his final
return, prior to the dates fixed.

Subsection 2. Where a county court of revision has been constituted
it is not feasible with the amount of work involved to comply with the
dates set in subsection 1 of section 59. The times are therefore extended
with reference to the county court of revision.

(2) Subsection 3 of the said section 57, as amended by sub- ^YTg^^g^*^'^
section 2 of section 11 of The Assessment Amendment Act, iP46,subs. 3
is further amended by striking out all the words after the word
"roll" in the fifth line and inserting in lieu thereof the words
"and the same rights in respect of appeal shall apply as if
such building or land or business had been assessed in the usual
way", so that the said subsection shall now read as follows:

(3) Where the clerk performs any of the duties required ^e'rson *^
by this section he shall forthwith thereafter deliver ^^^d,
to or send by registered letter post to the person so appeal.
taxed a notice setting out the amount of the assess-
ment and of the taxes entered on the roll, and the
same rights in respect of appeal shall apply as if such
building or land or business had been assessed in the
usual way.

6. — (1) Subsection 1 of section 59 of The Assessment Act, ^_^27^,^s.^59.
as re-enacted by subsection 1 of section 13 of The Assessment^^^g^Q^
Amendment Act, 1946, is repealed and the following sub- ^^^^s. is,

StitUted therefor: re-enacted.

(1) Notwithstanding any other public or private Act ^^^ng^the
heretofore passed, in everv municipalitv the assess- ^^s.^^^"^?'}*

•^ ' -■ 1^ ^ and revising

ment shall be taken between the 1st day of January the roll.
and the 30th day of September and the assessment
roll shall be returned to the clerk not later than the
1st day of October and the time for closing the court
of revision shall be not later than the 15th day of
November and for the final return by the county
judge shall be not later than the 15th day of Decem-
ber, and the assessment so made shall be the assess-
ment on which the rate of taxation for the following
year shall be fixed and levied.

(la) Where a county court of revision has been consti- where '^'^

tuted, the time for closing the court of revision shall of "g^^^gj^^"^*^
be not later than the 15th day of January in the 'constituted.
following year and for the final return by the judge
shall be not later than the 15th day of February
in the following year.

(2) Subsection 2 of the said section 59 is amended by insert- ^^72^3^*59
ing after the word "December" in the third line the words |!^|j^|^^
"or the 15th day of February, as the case may be", so th^t the
said subsection shall now read as follows:

(2) Where there has, from any cause, been delav in so ^eiay in

, . - . . - . , ' completing

completing the final revision of the said roll beyond assessment,
the said 15th dav of December or the 15th dav of

February, as the case may be, the assessment when

Special
provision
for 1948
taxation.

finalh- revised shall nevertheless be the assessment on
which the rate of taxation for such following year
shall be levied.

(3) When the assessor did not complete the making of
the assessm.ent or did not return the roll or the roll was not
revised or finally revised in the year 1947 in accordance
with The Assessment Act, the Minister may extend the time
for the completion of the roll, the return of the roll, the
revision of the roll or the final revision of the roll, and the
assessment so made shall when finally revised be the assess-
ment on which the rate of taxation for the year 1948 shall be
fixed and levied.

Idem.

(4) Any municipality that n:ade an assessm.ent and levied
taxes thereon in 1947 may pass a by-law adopting for the
purpose of levying and collecting taxes in 1948 the assessment
roll made and revised in 1947, and such roll shall be subject
to revision in the manner provided in subsection 1 of section 59
of The Assessment Act, as re-enacted by subsection 1 of this
section and shall have the same effect as if made under such
subsection.

amended.

^®7-;o^*^*o/. 7. Subsection 6 of section 60 of The Assessment Act, as

c. 272, 8. 60, ...

subs. 6, amended by subsection 2 of section 14 of The Assessment
Amendment Act, 1946, is further amended by striking out
the word "five" where it occurs in the sixth and twelfth lines
respectively and inserting in lieu thereof the word "ten", so
that the said subsection shall now read as follows:

Time for
giving
notice, etc.

Rev. Stat.,
c. 272. 8. 61,
amended.

(6) In any municipality in which any by-law has been
passed under this section, the provisions of sections
73 and 76, so far as the same relate to the time for
appealing and giving notice thereof, shall not apply,
but the clerk shall give notice to every person appeal-
ing, or whose assessment or non-assessment is
appealed against, at least ten days before the sitting
of the court of revision, such notice to be served upon
such person, or left at his residence or place of busi-
ness, or upon the premises concerning which such
appeal arises, or addressed to such person through the
post office, but no advertisement of the court shall
be necessary, and in case of appeals to the county
judge, ten days' notice of the day fixed by the
county judge for hearing such appeals shall be served
in the manner provided in the case of appeals to the
court of revision.

8. Section 61 of The Assessment Act is amended by striking
out the word and figures "16 or 20" in the fourth line and
inserting in lieu thereof the figures "23", so that the said
section shall now read as follows:

Subsection 3. The process of change from the old method of assessing
in one year and levying taxes in the same year to the new method is not yet
finally completed and this subsection authorizes the Minister to extend the
time limits so that the 1947 assessments which are not yet completed will
be valid.

Subsection 4. This provision is complementary to subsection 1 of this
section and authorizes any municipality which by special legislation has
not heretofore been subject to The Assessment Act with respect to the
making of assessments, to make the change-over with a minimum of
difficulty.

Section 7. The notice to be given to the person appealing to the
court of revision or the county judge of the day fixed for hearing the appeal
in cases where the municipality has passed a by-law providing for taking the
assessment by wards is changed from five to ten days.

Section 8. Sections 16 and 20 of The Municipal Act have been
repealed and section 23 now provides for the matters formerly dealt with
by these sections.

Section 9. The provisions authorizing assessment of income were
repealed in 1947, and the line struck out is no longer applicable.

Section 10. Section 52 of The Assessment Act was re-enacted in 1946,
and the notice formerly provided for in subsection 7 of section 52 is now
provided for in subsection 4 of section 52.

61. Where an addition of any part of the locaHties ^^^f®^!^®^*
adjacent to any city, town or village has been made to added to

• . • ail ■ I citi6s dnCi.

said city, town or village, in any year subsequent to towns.

the 30th day of September, under the provisions of

section 23 of The Municipal Act, the council of said ^Yee^*^*"'

city, town or village may pass a by-law in the

succeeding year, adopting the assessment of the said

addition as last revised while a part of the adjoining

municipality as the basis of the assessment for said

part for that year, although the assessment of the

remainder of the city, town or village has been made,

and the rate of taxation has been levied in accordance

with the provisions of sections 59 and 60, and the

levying of a proportionate share of the taxation

upon said addition shall not invalidate either the

assessment of the remainder or the tax levied thereon,

and the qualification of municipal electors in said

addition shall, for the said succeeding year, be the

same as that required in the municipality from which

the part has been taken.

9. Subsection 8 of section 73 of The Assessment Act 18^^72^*8^*73

amended by striking out "L.M Self siibs. 8,

Income overcharged." in the eighth line, so that the said
subsection shall now read as follows:

(8) Such list may be in the following form: Form of

* . appeals.

Appeals to be heard at the Court of Revision to be held at

on the day of , 19 .

Appellant. Respecting whom. Matter complained of.

A.B Self J . .Overcharged on land.

CD E.F. Name ommitted.

G.H. J.K Not bona fide owner

or tenant.
&c. &c.

10. Section 74 of The Assesswent Act is amended bv striking Rev. stat.,

. ' . . c 272 s 74

out the figure "7" in the eleventh line and inserting in lieu amended,
thereof the figure "4", so that the said section shall now read
as follows:

74. The roll, as finally passed by the court, and certified Roll to be

11,1 1111 • r 1 binding not-

by the clerk as passed, shall, except in so tar as the withstanding
same may be further amended on appeal to the or in notice
judge of the county court, be valid, and bind all persons
parties concerned, notwithstanding any defect or^^^^^^^^-
error committed in or with regard to such roll, or any
defect, error or misstatement in the notice required by
section 52, or the omission to deliver or transmit such
notice, provided that the provisions of this section
in so far as they relate to the omission to deliver or
transmit such notice shall not apply to any person

who has given the clerk or assessment commissioner
the notice provided for in subsection 4 of section 52.

Rev. Stat.,

c. 272. 8. 84,

subs. 1

(1946.

c. 3, 8. 21,

Bubs. 1).

amended.

11. — (1) Subsection 1 of section 84 of The Assessment
Act, as re-enacted by subsection 1 of section 21 of The Assess-
ment Amendment Act, 1946, is amended by striking out the
words "In the case of the assessment of a telephone company
or where a person is assessed to an amount aggregating in a
municipality in territory without county organization $5,000
or upwards or in any other municipality $10,000 or upwards,
such company or person" at the commencement thereof, so
that the said subsection shall now read as follows:

Appeals to
Municipal
Board.

(1) The municipal corporation, the assessor or assessment
commissioner or any person assessed may appeal
from the decision of the county judge to the Ontario
Municipal Board or where no appeal is taken to the
county judge, may appeal direct from the decision of
the court of revision to the Ontario Municipal Board.

c!*272? 8^*84. (2) Subsection 2 of the said section 84 is repealed and the
re-enacted foUowing substituted therefor:

Appeal

under

88. 57, 57o,

125.

(2) An appeal shall also lie to the Ontario Municipal
Board from a decision, —

«
(a) of the county judge; or

(6) of the court of revision, where no appeal is
taken to the county judge,

given under the provisions of sections 57, 57a and 125.

(3) Subsection 4a of the said section 84, as enacted by

Rev. Stat.,
c. 272, s. 84,

8"b8. 4o subsection 2 of section 21 of The Assessment Amendment Act.
c. 3. s'. 21, 1946, is amended by adding at the end thereof the words "at

subs 2) .

amended. least fourteen days before the hearing", so that the said sub-
section shall now read as follows:

Notice of
hearing.

(4a) Upon receipt of a notice of appeal under this section,
the secretary of the Board shall arrange a time and
place for hearing the appeal and shall send notice
thereof by registered mail to all parties concerned in
the appeal at least fourteen days before the hearing.

Rev. Stat.
0. 272,
amended.

Revision of
business
assessment
roll on
alteration
of real
property
assessment.

12. The Assessment Act is amended by adding thereto the
following section:

87a. Where the assessment of any real property is
altered on an appeal, any business assessment based
on the assessed value of such real property shall be

Section 11 — Subsections 1 and 2. The present subsections 1 and 2 o
section 84 of The Assessment Act limit appeals to the Municipal Board to
cases where large amounts of money are involved. By the amendments an
appeal will lie to all persons concerned to the Municipal Board regardless
of the amount involved in all assessment cases.

Subsection 3. Self-explanatory.

Section 12. Business assessments are made on a percentage of the
assessed value of the real property used in connection with the business.
This amendment provides that when the real property assessment has been
increased or decreased on an appeal, the business assessment shall be
adjusted as well in conformity with the change in the real property assess-
ment.

Section 13. The amendment provides that the county assessor shall
supervise the assessment not merely the assessors.

Section 14 — Subsections 1 and 2. The provisions authorizing the
assessment of income were repealed in 1947.

altered in the business assessment roll by the clerk
of the municipality to conform with the altered real
property assessment, whether or not the business
assessment roll has been finally revised.

13. Subsection 1 of section 89a of The Assessment ^ct,'^^^-^^^^-'
as enacted by section 5 of The Assessment Amendment .4c/, subs, i

. . (1940

1940 and amended by subsection 1 of section 9 of The Assess- c. i, s'. 5).
ment Amendment Act, 1944, is further amended by inserting ^"^^"^
after the word "supervise" where it occurs in the amendment
of 1944 the words "the assessment", so that the said sub-
section shall now read as follows:

(1) vSubject to the approval of the Department of county

Municipal Affairs, the council of every county may
appoint a county assessor who, for the purpose of
making uniform the methods of preparation of the
assessment rolls in the municipalities in the county
and for the purpose of ascertaining whether the
valuations of real property made by the assessors in
each such municipality bear a just relation one to
another, shall supervise the assessment and advise
the assessors and shall report thereon to the county
council before the ist day of June in every year and
such report shall form the basis for equalization under
section 90.

14. — (1) Subsection 1 of section 104 of The Assessment ^c/R®^„^t^*n^

IS amended by striking out the words "and income" in the subs, i,
, . -^ ° amended.

seventh Ime.

(2) Subsection 2 of the said section 104, as amended byRgv. stat..
subsection 1 of section 6 of The Assessment Amendment -^c/, g^j^^^^^- ■'^^^•
1939, is further amended by inserting after the word "pro-a"^®'^'*®^-
perty" in the sixth line the word "and", and by striking out
the words "and income" in the seventh line, so that the said
subsection shall now read as follows:

(2) Notwithstanding anything contained in subsection 1 Preparation
or in The Public Schools or Separate Schools Acts, vow.

the council of any municipality may by by-law Rev. stat.,
provide that the clerk shall set down the name in ^^- ^^'^' ^^^•
full of every person assessed and the assessed value
of his real property and taxable business, as ascer-
tained after the final revision of the assessment roll,
and opposite such assessed value he shall set down
in a column for that purpose the total amount for
which the person is chargeable for all sums ordered
to be levied by the said council or school boards for
the purposes thereof.

Rev. Stat..
c. 272, 8. 104,
subs. 6
(1939,
c. 3, s. 6,
subs. 2),
amended.

(3) Subsection 6 of the said section 104, as enacted by
subsection 2 of section 6 of The Assessment Amendment Act,
1939, is amended by striking out the words "city having a
population of more than 50,000" in the second and third Hnes
and inserting in heu thereof the words "local municipality",
so that the said subsection shall now read as follows:

Certain
names to
be omitted
from col-
lector's roll.

(6) Notwithstanding anything contained in this or any
other Act the council of any local municipality may
by by-law provide that the clerk shall not enter on
any collector's roll the name of any tenant or lessee
unless such tenant or lessee is required by the terms
of his lease to pay the taxes.

15. Section 120 of The Assessment Act is amended by

Rev. Stat.,
c. 272 8 120

amended, 'adding thereto the following subsection;

Audit of

collector's

roll.

(6) Every collector, on the request of the treasurer, shall
deliver his roll, together with an account of all
collections made, to the treasurer to be audited.

16. Subsection 2 of section 125 of The Assessment Act, as

Rev. Stat.,
0. 272, s. 125,

(1944.^ re-enacted by subsection 1 of section 15 of The Assessment

BVLhk^i)^' Amendment Act, 1944, is amended by adding at the end

amended. thereof the words "or the assessment commissioner, if any",

so that the said subsection shall now read as follows:

Time for
making ap-
plication.

(2) The application may be made at any time during the
year and until the 31st day of March in the following
year and notice in writing of the application shall
be given to the clerk of the municipality or the
assessment commissioner, if any.

c!^2V2f8^i'29. ^'^- Subsection 1 of section 129 of The Assessment Act, as re-

a947^ enacted by section 28 of The Assessment Amendment Act,

c. 3. 8^ 28). 1947, is amended by striking out the word "described" in the
amended. . , ,. , , . • V- i r i i n f j»»

ninth line and inserting in lieu thereoi the word directed ,
so that the said subsection shall now read as follows:

statement
to be
furnished
to county
treasurer.

(1) In cases in which the county treasurer is required to
collect arrears of taxes of a township or village, the
treasurer of the township or village, as the case may
be, shall within fourteen days after the time appointed
for the return and final settlement of the collector's
roll and before the 8th day of April in every year,
furnish the county treasurer with a statement of all
unpaid taxes and school rates directed in the said
collector's roll or by school trustees to be collected.

18. Subsection 1 of section 143 of The Assessment Act is

Rev. Stat.,
c. 272,8. 143,

amended. amended by striking out the word "twenty-five" in the third

Subsection 3. In the present subsection the power provided is limited
to the council of a city having a population of more than 50,000. By this
amendment the council of any local municipality is given the power in
question.

Section 15. This new subsection is necessary as the municipal audit
may be carried out before the date set for the return of the collector's roll
under subsections 1 to 3 of section 120.

Section 16. This amendment brings the subsection into line with
an appeal under section 73 under which notice of appeal is to be given to
the clerk or the assessment commissioner, if any.

Section 17. This amendment corrects a typographical error.

Section 18. The fee which a municipal treasurer may charge for
each tax certificate is raised to thirty-five cents for each separate parcel.
At present the fee is twenty-five cents each for the first four separate
parcels and ten cents for each additional parcel.

Section 19. Subsection 9 of section 178 permits the notice to the

incumbrancers and owner to be sent after the ninetv-day period. This
amendment makes subsection 2 of section 181 consistent with section 178.

Section 20. The repealed section provided the procedure as to sale
of land for arrears of taxes in the territorial district of Parry Sound. This
district has now been placed under the tax arrears procedure provided in
The Department of Municipal Affairs Act, and the section is no longer
necessary.

Section 21. The provisions authorizing municipal assessment of
income were repealed in 1947.

line and inserting in lieu thereof the word "thirty-five", and
by striking out the words "not exceeding four, and for every
additional parcel, a further fee of ten cents" in the fourth
and fifth lines, so that the said subsection shall now read as
follows:

(1) The treasurer shall, on demand, give a written trelfsu'rer*^^^*

certified statement of the arrears due on any land,^j.iuen^
and he may charge thirty-five cents for the search and of^arrears*.
certified statement on each separate parcel, but he
shall not make any charge to any person who forth-
with pays the taxes.

19. Subsection 2 of section 181 of The Assessment Act, as^Y72^s!^i8i.
enacted by section 18 of The Assessment Amendment Act, 1944^^'^l-^J
and amended bv section 37 of The Assessment Amendment '^■'^•^■^f^'

amendea.

Act, 1946, is further amended by strikmg out the words
"complied with subsection 2 of" in the third and fourth lines
and inserting in lieu thereof the words "sent to the incum-
brancers and registered owner the notice as provided in",
so that the said subsection shall now read as follows:

(2) Notwithstanding subsection 1, a tax deed shall not ^f^j^reasurer.
be valid unless there is affixed thereto a statutory
declaration of the treasurer that he has sent to the
incumbrancers and registered owner the notice as
provided in section 178, and such declaration shall

form part thereof, and where the tax deed has been
registered, the treasurer shall deposit the declaration
in the proper registry or land titles office where it
shall be attached to the tax deed of the land in respect
of which it was made.

20. Section 202 of The Assessment Act is repealed. ^%'^o^*^ono

repealed.

21. — (1) Form 4 of The Assessment Act, as re-enacted by Rev. stat.,
subsection 4 of section 2 of The Statute Law Amendment -4c/, Form 4
1938, is amended by striking out the column headed "For 0^37^3 2,

inromp" subs.'4).

mcoiiie . amended.

Rev. Stat.,

(2) Paragraph 2 of Form 5 of The Assessment Act is amended Form 5
by striking out the word ''income" in the third line, so that theP^''^^^,
said paragraph shall now read as follows:

2. I have estimated and set down, according to the best of my in-
formation and belief, in said assessment roll, the amounts assess*
able against every person named in the said roll for business or
otherwise under The Assessment Act.

SeSToTAc't 22. This Act shall come into force on the 1st day of June,
1948.

Short title. 23. This Act may be cited as The Assessment Amendment
Act, 1948.

a
>

No. 99

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Assessment Act.

Mr. Dunbar

(Reprinted as amended by the Committee on Municipal Law.)

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes

Section 1 — Subsection 1. This amendment merely brings this clause
into line with the balance of the subsection.

Subsection 2. At present rooming houses as defined in clause c of
subsection 9 of section 8 of The Assessment Act are exempt from assessment
for business tax. The effect of the present definition is to make it clear
that a rooming house proprietor is exempt only if he is resident in the
rooming house and occupies at least ten per centum of the floor space as
his residence.

No. 99 1948

BILL

An Act to amend The Assessment Act.

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

1. — (1) Clause k of subsection 1 of section 8 of The Assess-'Re^- stat.,

c 272 s 8

ment Act is amended by inserting after the letter '7" in thesiibe. i. ci.'*.
eighth line the word and letter "or w", so that the said clause ^"'®"*^®'^"
shall now read as follows:

{k) Every person carrying on the business of a photo-
grapher or of a theatre, concert hall, or skating rink,
or other place of amusement, or of a boarding stable,
or a livery, or the letting of vehicles or other property
for hire, or of a restaurant, eating house, or other
house of public entertainment, or of a hotel or any
business not before in this section or in clause I or m
specially mentioned, for a sum equal to twenty-five
per centum of the assessed value.

(2) Clause a of subsection 9 of the said section 8, as enacted ?^®o^,;,^*fV

1 • t^ t A A A ■ C.^(^»S.Of

by section 2 of The Assessment Amendment Act, 1940, is re- subs. 9, ci. a

. . (1940,

pealed and the following substituted therefor: c. i, s'. 2),

re-enacted.

{a) In this subsection, "rooming house" shall mean any
house or building or portion thereof, in which the
proprietor resides and occupies at least ten per
centum of the floor space as his residence, and
supplies for hire or gain to other persons, lodging with
or without meals in rooms furnished by the proprietor
with necessary furnishings, and shall not include an
hotel or apartment house.

2. Subsection 3 of section 23 of The Assessment Act, as ^6^- stat..
amended by section 15 of The Assessment Amendment ^c/, subs. 3.
1947, is further amended by striking out "Column 3. — The
age of every person entered on the roll" and inserting in lieu
thereof "Column 3, — The year of birth of every person entered
on the roll".

Rev. Stat..

c. 272, 8. 38

(1946.

c. 3. 8. 6),

amended.

3. Section 38 of The Assessment Act, as re-enacted by
section 6 of The Assessment Amendment Act, 1946 and
amended by section 16 of The Assessment Amendment Act,
1947, is further amended by adding thereto the following
subsection :

Section 57
not to apply.

(la) The provisions of section 57 shall not apply in
respect of land owned by His Majesty in right of
Ontario or land in which His Majesty in right of
Ontario has an interest.

Rev. Stat.,
o. 272. 8. 39,
subs. 6,
amended.

4. Subsection 6 of section 39 of The Assessment Act, as
amended by subsection 1 of section 17 of The Assessment
Amendment Act, 1947 , is further amended by inserting after
the word "situate" in the fourth line the words "or, in unor-
ganized territory, the school board having jurisdiction over
the area in which such mine or mineral work is situate", so
that the said subsection shall now read as follows:

Profits from
mines.

Rev. Stat.,
c. 272. s. 57,
subs. 2,
amended.

5. — (1) Subsection 2 of section 57 of The Assessment Act
is amended by striking out the words "income or" where the>'
occur in the second and seventh lines respectively, and by
inserting after the word "omitted" in the third line the
words "in whole or in part", so that the said subsection shall
now read as follows:

Omissions of

business

assessment.

(2) If at any time it a; pears to any officer of the muni-
cipality that any business assessment has been
omitted in whole or in part from the assessment roll
for the current year or for either or both of the next
two preceding years, he shall report the same to the
clerk of the municipality, or if the omission to assess
comes to the knowledge of the clerk in any other
manner, and the clerk shall enter such business
assessment on the assessment roll from which such
assessment has been omitted, and as well for the
preceding year as for the current year, on the col-
lector's roll for the current year, but in respect to any
assessment for a preceding year or years the taxes
payable in respect thereto shall be calculated at the
rates of taxation levied for such year or years.

Section 5 — Subsection 1. The authority for municipal income assess-
ment was repealed in 1947.

(2) Subsection 3 of the said section 57, as amended by suh-f^^j^^^^^^
section 2 of section 1 1 of The Assessment Amendment Act, 1946, ^^^^-'^'^
is further amended by striking out all the words after the word
"roll" in the fifth line and inserting in lieu thereof the words
"and the same rights in respect of appeal shall apply as if
such building or land or business had been assessed in the usual
way", so that the said subsection shall now read as follows:

(3) Where the clerk performs any of the duties required ^g^son ***
by this section he shall forthwith thereafter deliver taxed;
to or send by registered letter post to the person so appeal.
taxed a notice setting out the amount of the assess-
ment and of the taxes entered on the roll, and the
same rights in respect of appeal shall apply as if such
building or land or business had been assessed in the
usual way.

6. — (1) Subsection 1 of section 59 of The Assessment Act,f_^27^^s^s9.
as re-enacted by subsection 1 of section 13 of The Assessment^^^Q^Q^
Amendment Act, 1946, is repealed and the following sub-*^- 3. s. is,

StitUted therefor: re-enacted.

(1) Notwithstanding any other public or private Act ^'^®J^^g

heretofore passed, in everv municipality the assess- assessment
1111 1 1 ' i^irr a"<l revising

ment shall be taken between the 1st day of January the rou.
and the 30th day of September and the assessment
• roll shall be returned to the clerk not later than the
1st day of October and the time for closing the court
of revision shall be not later than the 15th day of
November and for the final return by the county
judge shall be not later than the 15th day of Decem-
ber, and the assessment so made shall be the assess-
ment on which the rate of taxation for the following
year shall be fixed and levied.

(la) Where a county court of revision has been consti- ^here °"

tuted, the time for closing the court of revision shall °^'^^*^gj^°"'^
be not later than the 15th day of January in the constituted,
following year and for the final return by the judge
shall be not later than the 15th day of February
in the following year.

(2) Subsection 2 of the said section 59 is amended by insert- ^®J^2^*8^*59
ing after the word "December" in the third line the words |^s^|'^
"or the 15th day of February, as the case may be", so that the
said subsection shall now read as follows:

(2) Where there has, from any cause, been delay in so Delay in

1 • 1 ^ , • • r 1 -1 11 ; completing

completmg the final revision of the said roll beyond assessment.

effect of

the said 15th day of December or the 15th day of

February, as the case may be, the assessment when

Special
provision
for 1948
taxation.

finally revised shall nevertheless be the assessment on
which the rate of taxation for such following year
shall be levied.

(3) When the assessor did not complete the making of
the assessment or did not return the roll or the roll was not
revised or finally revised in the year 1947 in accordance
with The Assessment Act, the Minister may extend the time
for the completion of the roll, the return of the roll, the
revision of the roll or the final revision of the roll, and the
assessment so made shall when finally revised be the assess-
ment on which the rate of taxation for the year 1948 shall be
fixed and levied.

Idem.

(4) Any municipality that made an assessment and levied
taxes thereon in 1947 may pass a by-law adopting for the
purpose of levying and collecting taxies in 1948 the assessment
roll made and revised in 1947, and such roll shall be subject
to revision in the manner provided in subsection 1 of section 59
of The Assessment Act, as re-enacted by subsection 1 of this
section and shall have the same effect as if made under such
subsection.

Rev. Stat.,
c. 272. 8. 60,
subs, 6,
amended.

Time for
giving
notice, etc.

7. Subsection 6 of section 60 of The Assessment Act, as
amended by subsection 2 of section 14 of The Assessment
Amendment Act, 1946, is further amended by striking out
the word "five" where it occurs in the sixth and twelfth lines
respectively and inserting in lieu thereof the word "ten", so
that the said subsection shall now read as follows:

(6) In any municipality in which any by-law has been
passed under this section, the provisions of sections
73 and 76, so far as the same relate to the time for
appealing and giving notice thereof, shall not apply,
but the clerk shall give notice to every person appeal-
ing, or whose assessment or non -assessment is
appealed against, at least ten days before the sitting
of the court of revision, such notice to be served upon
such person, or left at his residence or place of busi-
ness, or upon the premises concerning which such
appeal arises, or addressed to such person through the
• post office, but no advertisement of the court shall
be necessary, and in case of appeals to the county
judge, ten days' notice of the day fixed by the
county judge for hearing such appeals shall be served
in the manner provided in the case of appeals to the
court of revision.

Rev. Stat.,
c. 272, 8. 61.
amended.

. Section 7. The notice to be given to the person appealing to the
court of revision or the county judge of the day fixed for hearing the appeal
in cases where the municipality has passed a by-law providing for taking the
assessment bv wards is changed from five to ten da\'s.

Section' 8. Sections 16 and 20 of The Municipal Act have been
repealed and section 23 now provides for the matters formerly dealt with
by these sections.

Section 9. The provisions authorizing assessment of income were
repealed in 1947, and the line struck out is no longer applicable.

Section 10. Section 52 of The Assessment Act was re-enacted in 1946.
and the notice formerly provided for in subsection 7 of section 52 is now
provided for in subsection 4 of section 52.

61. Where an addition of any part of the locahties Jf^f®^^^^°*
adjacent to any city, town or village has been made to added to
said city, town or village, in any year subsequent to towns,
the 30th day of September, under the provisions of
section 23 of The Municipal Act, the council of said ^Ye'e^*^*"
city, town or village may pass a by-law in the
succeeding year, adopting the assessment of the said
addition as last revised while a part of the adjoining
municipality as the basis of the assessment for said
part for that year, although the assessment of the
remainder of the city, town or village has been made,
and the rate of taxation has been levied in accordance
with the provisions of sections 59 and 60, and the
levying of a proportionate share of the taxation
upon said addition shall not invalidate either the
assessment of the remainder or the tax levied thereon,
and the qualification of municipal electors in said
addition shall, for the said succeeding year, be the
same as that required in the municipality from which
the part has been taken.

9. Subsection 8 of section 73 of The Assessment Act is^®^-Stat..

c. 272, s. 73,

amended by striking out "L.M Self subs. 8.

Income overcharged." in the eighth line, so that the said
subsection shall now read as follows:

(8) Such list may be in the following form : • Form of

appeals.
Appeals to be heard at the Court of Revision to be held at

on the day of , 19 .

Appellant. Respecting whom. Matter complained of.

A.B Self Overcharged on land.

CD E.F. Name ommitted.

G.H J.K Not bona fide owner

or tenant.
&c. &c.

10. Section 74 of The Assessment Act is amended bv striking Rev. stat..

. . . . ' . . c 272 s 74

out the figure "7" in the eleventh Ime and msertmg m lieu amended. '
thereof the figure "4", so that the said section shall now read
as follows:

74. The roll, as finally passed bv the court, and certified Roii to be

11,1 1 1 I'l • f ^1 binding not-

by the clerk as passed, snail, except m so tar as the withstanding
same may be further amended on appeal to the or in notice
judge of the county court, be valid, and bind all persons
parties concerned, notwithstanding any defect or^^^®^^®**-
error committed in or with regard to such roll, or any
defect, error or misstatement in the notice required by
section 52, or the omission to deliver or transmit such
notice, provided that the provisions of this section
in so far as they relate to the omission to deliver or
transmit such notice shall not apply to any person

who has given the clerk or assessment commissioner
the notice provided for in subsection 4 of section 52.

Rev. Stat.,

c. 272, 8. 84,

subs. 1

(1946,

c. 3. 8. 21.

subs. 1),

amended.

Appeals to
Municipal
Board.

Rev. Stat.,
C. 272, 8. 84,

re-enacted following substituted therefor:

(2) Subsection 2 of the said section 84 is repealed and the

Appeal

under

88. 57, 57a,

125.

(2) An appeal shall also lie to the Ontario Municipal
Board from a decision, —

, (a) of the county judge; or

(6) of the court of revision, where no appeal is
taken to the county judge,

given under the provisions of sections 57, 57a and 125.

(3) Subsection 4a of the said section 84, as enacted by

Rev. Stat.,
c. 272, 8. 84,

subs. 4a subsection 2 of section 21 of The Assessment Amendment Act.
c. 3. 8. 21, 1946, is amended by adding at the end thereof the words "at

subs 2) .

amended. least fourteen days before the hearing", so that the said sub-
section shall now read as follows:

Notice of
hearing.

Rev. Stat.,
0. 272,
amended.

Revision of
business
assessment
roll on
alteration
of real
property-
assessment.

12. The Assessment Act is amended by adding thereto the
following section:

87a. Where the assessment of any real property is
altered on an appeal, any business assessment based
on the assessed value of such real property shall be

Section 11 — Subsections 1 and 2. The present subsections 1 and 2 of
section 84 of The Assessment Act limit appeals to the Municipal Board to
cases where large amounts of money are involved. By the amendments an
appeal will lie to all persons concerned to the Municipal Board regardless
of the amount involved in all assessment cases.

Subsection 3. Self-explanatory.

Section 13. The amendment provides that the county assessor shall
supervise the assessment not merely the assessors.

Section 14 — Subsections 1 and 2. The provisions authorizing the
assessment of income were repealed in 1947.

altered in the business assessment roll by the clerk
of the municipality to conform with the altered real
property assessment, whether or not the business
assessment roll has been finally revised.

13. Subsection 1 of section 89a of The Assessment ^c/, i^ev stat..

c. 272, s. 89a,

as enacted by section 5 of The Assessment Amendment .4c/, subs, i

. . (1940,

1940 and amended by subsection 1 of section 9 of The Assess- c. i, s. 5).
ment Amendment Act, 1944, is further amended by inserting ^'"^'^
after the word "supervise" where it occurs in the amendment
of 1944 the words "the assessment", so that the said sub-
section shall now read as follows:

(1) Subject to the approval of the Department of county

Municipal Affairs, the council of every county may
appoint a county assessor who, for the purpose of
making uniform the methods of preparation of the
assessment rolls in the municipalities in the county
and for the purpose of ascertaining whether the
valuations of real property made by the assessors in
each such municipality bear a just relation one to
another, shall supervise the assessment and advise
the assessors and shall report thereon to the county
council before the 1st day of June in every year and
such report shall form the basis for equalization under
section 90.

14. — (1) Subsection 1 of section 104 of The Assessment Act '^^^^^^^^^^^^
is amended by striking out the words "and income" in the subs, i,

. ,. amended.

seventh Ime.

(2) Subsection 2 of the said section 104, as amended byRev. stat..
subsection 1 of section 6 of The Assessment Amendment Act,l{j^^^2^-^^^'
1939, is further amended by inserting after the word "pro-^"^®"'^®^-
perty" in the sixth line the word "and", and by striking out
the words "and income" in the seventh line, so that the said
subsection shall now read as follows:

(2) Notwithstanding anvthing contained in subsection 1 Preparation

oi collGctor s

or in The Public Schools or Separate Schools Acts, roll.
the council of any municipality may by by-law Rev. stat.,
provide that the clerk shall set down the name in °°' ^^^' ^^^'
full of every person assessed and the assessed value
of his real property and taxable business, as ascer-
tained after the final revision of the assessment roll,
and opposite such assessed value he shall set down
in a column for that purpose the total amount for
which the person is chargeable for all sums ordered
to be levied by the said council or school boards for
the purposes thereof.

^®27'2?8^i64. (>^) Subsection 6 of the said section 104, as enacted by

(1939^ subsection 2 of section 6 of The Assessment Amendment Act,

8ub8%^' ^^^^' Js amended by striking out the words "city having a

amended. population of more than 50.000" in the second and third lines

and inserting in lieu thereof the words "local municipality",

and by adding at the end thereof the words "or unless the

owner is not liable to pay the taxes", so that the said subsection

shall now read as follows:

Certain
names to
be omitted
from col-
lector's roll.

c*27'2fs^i20. ^^- Section 120 of The Assessment Act is amended by
amended. adding thereto the following subsection:

Audit of

collector's

roll.

(6) Every collector, on the request of the treasurer, shall
deliver his roll, together with an account of all
collections made, to the treasurer to be audited.

16. Subsection 2 of section 125 of The Assessment Act, as

Rev. Stat..

o. 272. s. 125, .

subs. 2 re-enacted by subsection 1 of section 15 of The Assessment

(1944.

c. 7. 8. 15. Amendment Act, 1944, is amended by adding at the end

amended. thereof the words "or the assessment commissioner, if any",

so that the said subsection shall now read as follows:

Time for
making ap-
plication.

c!'27'2f 8^129, ^'^ • Subsection 1 of section 129 of The Assessment Act, as re-
a947^ enacted by section 28 of The Assessment Amendment Act,

c. 3. 8. 28). 1947, is amended by striking out the word "described" in the
ninth line and inserting in lieu thereof the word "directed",
so that the said subsection shall now read as follows:

amended.

Statement
to be
furnished
to county
treasurer.

Section 15. This new subsection is necessary as the municipal audit
may be carried out before the date set for the return of the collector's roll
under subsections 1 to 3 of section 120.

Section 16. This amendment brings the subsection into line with
an appeal under section 73 under which notice of appeal is to be given to
the clerk or the assessment commissioner, if any.

Section 17. This amendment corrects a typographical error.

Section 19. Subsection 9 of section 178 permits the notice to the
incumbrancers and owner to be sent after the ninety-day period. This
amendment makes subsection 2 of section 181 consistent with section 178.

Section 20. The repealed section provided the procedure as to sale
of land for arrears of taxes in the territorial district of Parry Sound. This
district has now been placed under the tax arrears procedure provided in
The Department oj Municipal Affairs Act, and the section is no longer
necessary.

Section 21. The provisions authorizing municipal assessment of
income were repealed in 1947.

18. Subsection 1 of section 143 of The Assessment Act is ^-^^-o^***,-^ ,

amended by striking out the word "twenty-five" in the third subs. i.
,. ... ... , r t . ,, 1 . /- .. , amended.

hne and inserting in heu thereof the word thirty-five , and
by striking out the words "not exceeding four, and for every
additional parcel, a further fee of ten cents" in the fourth
and fifth lines, so that the said subsection shall now read as
follows :

(1) The treasurer shall, on demand, give a written if demanded,
certified statement of the arrears due on any land , to^gfve^a
and he may charge thirty-five cents for the search and g'tatement
certified statement on each separate parcel, but he o*" ^'"^^^''s-
shall not make any charge to any person who forth-
with pays the taxes.

19. Subsection 2 of section 181 of The Assessment Act, as Rev. stat.,
enacted by section 18 of The Assessment Amendment Act, 1944suhs. 2
and amended by section 37 of The Assessment Amendment c^ 7^,'^s. is).
Act, 1946, is further amended by striking out the words ^"^®"'*®*^-
"complied with subsection 2 of" in the third and fourth lines

and inserting in lieu thereof the words "sent to the incum-
brancers and registered owner the notice as provided in",
so that the said subsection shall now read as follows:

(2) Notwithstanding subsection 1, a tax deed shall not Ded^'"^**°'^

1 1-1 11 • rr \ ^ of treasurer.

be valid unless there is aflrixed thereto a statutory
declaration of the treasurer that he has sent to the
incumbrancers and registered owner the notice as
provided in section 178, and such declaration shall
form part thereof, and where the tax deed has been
registered, the treasurer shall deposit the declaration
in the proper registry or land titles office where it
shall be attached to the tax deed of the land in respect
of which it was made,

20. Section 202 of The Assessment Act is repealed. ^^'^o^^^oAo

repealed.

21. — (1) Form 4 of The Assessment Act, as re-enacted by ^^v. stat.,
subsection 4 of section 2 of The Statute Law Amendment Act, 'Porm.^

(1938

1938, is amended by striking out the column headed "Fore. 37, 's. 2,

,, subs. 4),

income . amended.

(2) Paragraph 2 of Form 5 of The Assessment Act is amended c. 272. ^ "
by striking out the word ''income'' in the third line, so that thepar^l,'
said paragraph shall now read as follows: amended.

2. I have estimated and set down, according to the best of my in-
formation and belief, in said assessment roll, the amounts assess-
able against every person named in the said roll for business or
otherwise under The Assessment Act.

Commence-^ 22. This Act shall come into force on the 1st day of June,
' 1948.

Short title. 23. This Act may be cited as The Assessment Amendment
Act, 1948.

C*j

S-

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t-*

•—1

rt-

0«»

1— »

1— '

0^a

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i3
O.

H
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I— •
r
r

No. 99

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Assessment Act.

Mr. Dunbar

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 99 1948

BILL

An Act to amend The Assessment Act.

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

1. — (1) Clause k of subsection 1 of section 8 of The Assess-'B^ev. stat.,

. . C 272 8 8

ment Act is amended by inserting after the letter "/" in the subs, i, ci.'*,
eighth line the word and letter "or m", so that the said clause
shall now read as follows:

amended.

{k) Every person carrying on the business of a photo-
grapher or of a theatre, concert hall, or skating rink,
or other place of amusement, or of a boarding stable,
or a livery, or the letting of vehicles or other property
for hire, or of a restaurant, eating house, or other
house of public entertainment, or of a hotel or any
business not before in this section or in clause I or nt
specially mentioned, for a sum equal to twenty-five
per centum of the assessed value.

(2) Clause a of subsection 9 of the said section 8, as enacted ^^72^*3^*8
by section 2 of The Assessment Amendment Act, 1940, is re- subs. 9, ci. 'a

. . (1940,

pealed and the following substituted therefor: c. 1, s. 2).

re-enacted.

(a) In this subsection, "rooming house" shall mean any
house or building or portion thereof, in which the
proprietor resides and occupies at least ten per
centum of the floor space as his residence, and
supplies for hire or gain to other persons, lodging with
or without meals in rooms furnished by the proprietor
with necessary furnishings, and shall not include an
hotel or apartment house.

2. Subsection 3 of section 23 of The Assessment Act, as ^^ev-a^^^Vs
amended by section 15 of The Assessment Amendment ^c/, subs. 3,'
1947, is further amended by striking out "Column 3. — The
age of every person entered on the roll" and inserting in lieu
thereof "Column 3. — The year of birth of every person entered
on the roll".

Rev. Stat.,

c. 272. 8. 38

(1946.

c. 3, 8. 6),

amended.

Section 57
not to apply.

(la) The provisions of section 57 shall not apply in
respect of land owned by His Majesty in right of
Ontario or land in which His Majesty in right of
Ontario has an interest.

amended.

Rev Stat. 4. Subsection 6 of section 39 of The Assessment Act, as
siibs. 6. ■ ' amended by subsection 1 of section 17 of The Assessment
Amendment Act, 1947, is further amended by inserting after
the word "situate" in the fourth line the words "or, in unor-
ganized territory, the school board having jurisdiction over
the area in which such mine or mineral work is situate", so
that the said subsection shall now read as follows:

Profits from
mines.

Rev. Stat.,
c. 272. s. 57,
subs. 2,
amended.

Omissions of

business

assessment.

(2) If at any time it appears to any officer of the muni-
cipality that any business assessment has been
omitted in whole or in part from the assessment roll
for the current year or for either or both of the next
two preceding years, he shall report the same to the
clerk of the municipality, or if the omission to assess
comes to the knowledge of the clerk in any other
manner, and the clerk shall enter such business
assessment on the assessment roll from which such
assessment has been omitted, and as well for the
preceding year as for the current year, on the col-
lector's roll for the current year, but in respect to any
assessment for a preceding year or years the taxes
pa>'able in respect thereto shall be calculated at the
rates of taxation levied for such ^•ear or vears.

(2) Subsection 3 of the said section 57, as amended by sub- ^^72^*^^*-^
section 2 of section 1 1 of The Assessment Amendment Act, 1946, subs. 3.
is further amended by striking out all the words after the word
"roll" in the fifth line and inserting in lieu thereof the words
"and the same rights in respect of appeal shall apply as if
such building or land or business had been assessed in the usual
way", so that the said subsection shall now read as follows:

(3) Where the clerk performs any of the duties required ^^l^J^^ *°
by this section he shall forthwith thereafter deliver taxed ;

... right of

to or send by registered letter post to the person so appeal.
taxed a notice setting out the amount of the assess-
ment and of the taxes entered on the roll, and the
same rights in respect of appeal shall apply as if such
building or land or business had been assessed in the
usual way.

6. — (1) Subsection 1 of section 59 of TJ7e Assessment ^c/, ^Y72^s!*59,
as re-enacted by subsection 1 of section 13 of The Assessment^f^^^Q^
Amendment Act, 1946, is repealed and the following sub- c- 3, s. 13,

, , . '- ^ subs. 1),

StltUted thereior: re-enacted.

(1) Notwithstanding any other public or private ^^ ct ^^'^® J°^g
heretofore passed, in everv municipalitv the assess- assessment

1 11 V 11 ' 1 < 1 ' r T ^^'^ revising

ment shall be taken between the 1st day 01 January the roii.
and the 30th day of September and the assessment
roll shall be returned to the clerk not later than the
1st day of October and the time for closing the court
of revision shall be not later than the 15th day of
November and for the final return by the county
judge shall be not later than the 15th day of Decem-
ber, and the assessment so made shall be the assess-
ment on which the rate of taxation for the following
year shall be fixed and levied.

(la) Where a county court of revision has been consti- ^here ^"

futed, the time for closing the court of revision shall Qf^g*]^^""'"*
be not later than the 15th day of January in the constituted.
following year and for the final return by the judge
shall be not later than the 15th day of February
in the following year.

(2) Subsection 2 of the said section 59 is amended by insert- ^Y72^l^*59
ing after the word "December" in the third line the words |^||^ 2^^
"or the 15th day of February, as the case may be", so that the
said subsection shall now read as follows:

(2) Where there has, from any cause, been delay in ^o^^^f^^^]^^^^

completing the final revision of the said roll beyond l^^^^^f^^'
the said 15th day of December or the 15th day of
February, as the case may be, the assessment when

Special
provision
for 1948
taxation.

finally revised shall nevertheless be the assessment on
which the rate of taxation for such following year
shall be levied.

Idem.

(4) Any municipality that made an assessment and levied
taxes thereon in 1947 may pass a by-law adopting for the
purpose of levying and collecting taxes in 1948 the assessment
roll made and revised in 1947, and such roll shall be subject
to revision in the manner provided in subsection 1 of section 59
of The Assessment Act, as re-enacted by subsection 1 of this
section and shall have the same eflfect as if made under such
subsection.

Rev. Stat.,
O. 272, 8. 60,
subs. 6,
amended.

Time for
giving
notice, etc.

Rev. Stat..
c. 272. s. 61.
amended.

61. Where an addition of any part of the localities ^f^f®^|^^^*
adjacent to any city, town or village has been made to added to

•* . Ml • cities and

said city, town or village, in any year subsequent to towns.
the 30th day of September, under the provisions of
section 23 of The Municipal Act, the council of said c.Yee. ^ "
city, town or village may pass a by-law in the
succeeding year, adopting thfe assessment of the said
addition as last revised while a part of the adjoining
municipality as the basis of the assessment for said
part for that year, although the assessment of the
remainder of the city, town or village has been made,
and the rate of taxation has been levied in accordance
with the provisions of sections 59 and 60, and the
levying of a proportionate share of the taxation
upon said addition shall not invalidate either the
assessment of the remainder or the tax levied thereon,
and the qualification of municipal electors in said
addition shall, for the said succeeding year, be the
same as that required in the municipality from which
the part has been taken.

9. Subsection 8 of section 73 of The Assessment Act is ^^72^^*73.

amended by striking out "L.M. Self iS^ded.

Income overcharged." in the eighth line, so that the said
subsection shall now read as follows:

(8) Such list may be in the following form: LT^f^^

appeals.
Appeals to be heard at the Court of Revision to be held at

on the day of , 19 .

Appellant. Respecting whom. Matter complained of.

A.B Self Overcharged on land.

C.D E.F Name ommitted.

G.H. J.K Not bona fide owner

or tenant.
&c. &c.

10. Section 74 of The Assessment Act is amended by striking ^^72^*8^*74
out the figure "7" in the eleventh line and inserting in lieu amended.
. thereof the figure "4", so that the said section shall now read
as follows:

74. The roll, as finally passed by the court, and certified S°^^i*ngn1>t-
by the clerk as passed, shall, except in so far as the ^^i^th^^tanding
same may be further amended on appeal to the oMn^notice
judge of the county court, be valid, and bind ^11 PlJI^g"^^^
parties concerned, notwithstanding any defect or^
error committed in or with regard to such roll, or any
defect, error or misstatement in the notice required by
section 52, or the omission to deliver or transmit such
notice, provided that the provisions of this section
in so far as they relate to the omission to deliver or
transmit such notice shall not apply to any person

who has given the clerk or assessment commissioners
the notice provided for in subsection 4 of section 52.

Rev. Stat.,
c. 272, 8. 84.

8Ub8. 1

(1946.
c. 3. 8. 21.
subs. 1),
amended.

Appeals to
Municipal
Board.

(1) The municipal corporation, the assessor or assessment'
commissioner or any person assessed may appeal
from the decision of the county judge to the Ontario
Municipal Board or where no appeal is taken to the
county judge, may appeal direct from the decision of
the court of revision to the Ontario Municipal Board.

c!^2^72^ 8^*84. (2) Subsection 2 of the said section 84 is repealed and the
re-enacted following substituted therefor:

Appeal

under

88. 57. 57o,

125.

(2) An appeal shall also lie to the Ontario Municipal
Board from a decision, —

(a) of the county judge; or

{b) of the court of revision, where no appeal is
taken to the county judge,

given under the provisions of sections 57, 57a and 125.

^^liz^B^^A (^) Subsection 4a of the said section 84, as enacted by
eubs. 4o ' subsection 2 of section 21 of The Assessynent Amendment Act.
c. 3. e". 21. 1946, is amended by adding at the end thereof the words "at

8Ub8 2) .

amended. least fourteen days before the hearing", so that the said sub-
section shall now read as follows:

Notice of
hearing.

Rev. Stat.,
0. 272.
amended.

Revision of
business
assessment
roll on
alteration
of real
property-
assessment.

12. The Assessment Act is amended by adding thereto the
following section:

87a. Where the assessment of any real property is
altered on an appeal, any business assessment based
on the assessed value of such real property shall be

altered in the business assessment roll by the clerk
of the municipality to conform with the altered real
property assessment, whether or not the business
assessment roll has been finally revised.

13. Subsection 1 of section 89a of The Assessment ^c/, i^®^- stat..

11 • p c rr^i A A 1 A c. 272,8. 89a,

as enacted bv section 5 oi 1 he Assessment Amendment .(4c/, subs, i

(1940

1940 and amended by subsection 1 of section 9 of The Assess- c. i, s. 5),
ment Amendment Act, 1944, is further amended by inserting ^'"^^
after the word "supervise" where it occurs in the amendment
of 1944 the words "the assessment", so that the said sub-
section shall now read as follows:

(1) Subject to the approval of the Department of county

Ti T • • ^ \ cr • 1 -If assessor.

Municipal Aiiairs, the council of every county may
appoint a county assessor who, for the purpose of
making uniform the methods of preparation of the
assessment rolls in the municipalities in the county
and for the purpose of ascertaining whether the
valuations of real property made by the assessors in
each such municipality bear a just relation one to
another, shall supervise the assessment and advise
the assessors and shall report thereon to the county
council before the 1st day of June in every ^ear and
such report shall form the basis for equalization under
section 90.

14. — (1) Subsection 1 of section 104 of The Assessme^it Act'^^^'.^^^^^^-Q^
is amended by striking out the words "and income" in the subs. 'i

, ,. amended.

seventh line.

(2) Subsection 2 of the said section 104, as amended byRgv. stat..
subsection 1 of section 6 of The Assessment Amendment -4c/, g{,^J^^^- ■^*'*'
1939, is further amended by inserting after the word "pro- amended,
perty" in the sixth line the word "and", and by striking out
the words "and income" in the seventh line, so that the said
subsection shall now read as follows:

(2) Notwithstanding anything contained in subsection 1 Preparation

• 'T-.T TirT-rTTT o 07 7 ,1 of collector s

or in The Fubhc schools or separate CichooLs Acts, voW.

the council of any municipality may by by-law Rev. stat..
provide that the clerk shall set down the name in ^^- ^^'^' ^^^■
full of every person assessed and the assessed value
of his real property and taxable business, as ascer-
tained after the final revision of the assessment roll,
and opposite such assessed value he shall set down
in a column for that purpose the total amount for
which the person is chargeable for all sums ordered
to be levied by the said council or school boards for
the purposes thereof.

Rev. Stat..
c. 272. 8. 104,
subs. 6
(1939,
o. 3, s. 6,
subs. 2),
amended.

(3) Subsection 6 of the said section 104, as enacted by
subsection 2 of section 6 of The Assessment Amendment Act,
1939, is amended by striking out the words "city having a
population of more than 50,000" in the second and third lines
and inserting in lieu thereof the words "local municipality",
and by adding at the end thereof the words "or unless the
owner is not liable to pay the taxes", so that the said subsection
shall now read as follows:

Certain
names to
be omitted
from col-
lector's roll.

Rev. Stat..
c. 272.8. 120,
amended.

15. Section 120 of The Assessment Act is amended by
adding thereto the following subsection:

Audit of

collector's

roll.

(6) Every collector, on the request of the treasurer, shall
deliver his roll, together with an account of all
collections made, to the treasurer to be audited.

16. Subsection 2 of section 125 of The Assessment Act, as

Rev. Stat..

0. 272. 8. 125, . . r rr^i A

subs. 2 re-enacted by subsection 1 of section 15 of The Assessment

(1944

c. 7. s. 15. Amendment Act, 1944, is amended by adding at the end

amended. thereof the words "or the assessment commissioner, if any",

so that the said subsection shall now read as follows:

Time for
making ap-
plication.

Subsection 1 of section 129 of The Assessment Act, as re-
by section 28 of The Assessment Amendment Act,

Rev. Stat.. -trj

c. 272.8. 129, ■^*-

a947^ enacted

c. 3. 8. 28), 1947 , is amended by striking out the word "described" in the
ninth line and inserting in lieu thereof the word "directed",
so that the said subsection shall now read as follows:

statement
to be
furnished
to county
treasurer.

18. Subsection 1 of section 143 of The Assessment Act is ^^g^-g^s^ 143
amended bv striking out the word "twenty-five" in the third s"bs.jL.

,. , . . . ,. , r 1 IK.. ,- .. , amended,

hne and inserting in heu thereof the word thirty-nve , and

by striking out the words "not exceeding four, and for every

additional parcel, a further fee of ten cents" in the fourth

and fifth lines, so that the said subsection shall now read as

follows :

(1) The treasurer shall, on demand, give a written if demanded,
certified statement of the arrears due on any land , to^lfve^a
and he may charge thirty-five cents for the search and ^"tement
certified statement on each separate parcel, but he "^ ^'■^®^'^-
shall not make any charge to any person who forth-
with pays the taxes.

19. Subsection 2 of section 181 of The Assessment Act, as Rev. stat..

c 272 s 181

enacted by section 18 of The Assessment Amendment Act, 1944 subs. 2
and amended by section 37 of The Assessment Amendmetitc.'^.s.is).
Act, 1946, is further amended by striking out the w^ords ^"^®'^*^®'*-
"complied with subsection 2 of" in the third and fourth lines
and inserting in lieu thereof the words "sent to the incum-
brancers and registered owner the notice as provided in",
so that the said subsection shall now read as follows:

(2) Notwithstanding subsection 1, a tax deed shall not declaration

^ ■' . . -^ of treasurer.

be valid unless there is affixed thereto a statutory
declaration of the treasurer that he has sent to the
incumbrancers and registered owner the notice as
provided in section 178, and such declaration shall
form part thereof, and where the tax deed has been
registered, the treasurer shall deposit the declaration
in the proper registry or land titles office where it
shall be attached to the tax deed of the land in respect
of which it was made.

20. Section 202 of The Assessment Act is repealed. ^®o'^v,^*^o7»o

repealed.

21. — (1) Form 4 of The Assessment Act, as re-enacted by Rev_.2^tat..
subsection 4 of section 2 of The Statute Law Amendment ^c/. Form 4
1938, is amended by striking out the column headed "Fore. 37, 's. 2.

,, subs. 4),

income . amended.

(2) Paragraph 2 of Form 5 of The Assessment Act is amended 0.^272. ^ "
by striking out the word ''income" in the third line, so that the para?!.'
said paragraph shall now read as follows: amended.

^ornmencej^ 22. This Act shall come into force on the 1st dav of June,
■ 1948.

Short title. 23. This Act may be cited as The Assessment Amendment
Act, 1948.

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No. 100

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Agricultural Associations Act.

Mr. Kennedy

TORONTO

Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty

Explanatory Note

At the annual meeting of The Ontario Fruit Growers' Association and
the annual meeting of The Ontario Vegetable Growers' Association, both
held recently, the two Associations were amalgamated.

The section is amended to conform with this amalgamation.

100

No. 100 1948

BILL

An Act to amend The Agricultural Associations Act.

HIS MAJESTY, b}' and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Section 2 of The Agricultural Associations Act, asRev. stat.

c 80 s 2

amended by section 2 of The Statute Law Amendment Act, 1941, amended.'
is further amended by striking out the words "The Ontario
Fruit Growers' Association" in theamendment of 1941 and inser-
ting in lieu thereof the words "The Ontario Fruit and Vegetable
Growers' Association", and by striking out the words "The
Ontario Vegetable Growers' Association" in the seventeenth
line, so that the said section shall now read as follows:

2. The foUowirg associations, societies and organizations certain
shall be, or continue to be, bodies corporate under ^^^lared

the provisions of this Act: — to be cor-

•^ poration

The Ontario Fruit and Vegetable Growers'

Association.
The Entomological Society of Ontario.
The Dairymen's Association of Eastern Ontario.
The Dairymen's Association of Western Ontario.
The Ontario Poultry Association.
The Eastern Ontario Poultry Association.
The Ontario Bee-keepers' Association.
The Ontario Agricultural and Experimental Union.
The Dominion Sheep Breeders' Association.
The Dom.inion Swine Breeders' Association.
The Dominion Cattle Breeders' Association.
The Canadian Horsemen's Association.
The Ontario Horse Breeders' Association.
The Gardeners' and Florists' Association.
The Ontario Corn Growers' Association.
The Ontario Plowmen's Association.
The Ontario Swine Breeders' Association.

and such other associations, societies, institutes, or
organ izations as may be designated by the Lieutenant-
Governor in Council.

100

ment"oTAct. ^- ^^*^ ^^^ shall come into force on the day upon which it
receives the Royal Assent.

Short title. 3 -pj^jg j^^^ j^^^y y^^ cited as The Agricultural Associations
Amendment Act, 1948.

100

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No. 100

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Agricultural Associations Act.

Mr. Kennedy

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 100 1948

BILL

An^^Act to amend The Agricultural Associations Act.

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

1. Section 2 of The Agricultural Associations Act, asRev. stat.
amended by section 2 of The Statute Law Amendment Act, 1941, amended.'
is further amended by striking out the words "The Ontario
FruitGrowers' Association "in the amendment of 1941 and inser-
ting in lieu thereof the words "The Ontario Fruit and Vegetable
Growers' Association", and by striking out the words "The
Ontario V^egetable Growers' Association" in the seventeenth
line, so that the said section shall now read as follows:

2. The following associations, societies and organizations certain
shall be, or continue to be, bodies corporate under ^°^/|®g(j
the provisions of this Act: — *ora1;ion^'

The Ontario Fruit and Vegetable Growers'

Association .
The Entomological Society of Ontario.
The Dairymen's Association of Eastern Ontario.
The Dairymen's Association of Western Ontario.
The Ontario Poultry Association.
The Eastern Ontario Poultry Association.
The Ontario Bee-keepers' Association.
The Ontario Agricultural and Experimental Union.
The Dominion Sheep Breeders' Association.
The Dominion Swine Breeders' Association.
The Dominion Cattle Breeders' Association.
The Canadian Horsemen's Association.
The Ontaiio Horse Breeders' Association.
The Gardeners' and Florists' Association.
The Ontario Corn Growers' Association.
The Ontario Plowmen's Association.
The Ontario Swine Breeders' Association.

and such other associations, societies, institutes, or
organizations as may be designated by the Lieutenant-
Governor in Council.

100

menV"oTAct ^* ^^^^ -^^t shall come into force on the day upon which it
receives the Royal Assent.

Short title. 3 -pj^jg j^^^ ^^^y j-^g j^j^gj ^^g j^j^g Agricultural Associations
Amendment Act, 1948.

100

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No. 101

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Farm Products Containers Act, 1947.

Mr. Kennedy

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note

The proposed amendment is complementary to the provision of Bill
No. 100 to amend The Agricultural Associations Act and is necessary
because of the amalgamation of the two associations.

101

No. 101 1948

BILL

An Act to amend The Farm Products Containers
Act, 1947.

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

1. Clause a of section 1 of The Farm Products Contuiners 1947, c. 35.
Act, 1947 , is amended by striking out the words "The Ontario amended.'
Fruit Growers' Association and The Ontario Vegetable
Growers' Association" in the second and third lines and
inserting in lieu thereof the words "or The Ontario Fruit and
Vegetable Growers' Association", so that the said clause

shall now read as follows:

(a) "association" shall mean The Ontario Beekeepers' "associa-
Association or The Ontario Fruit and Vegetable *^°""'
Growers' Association within the meaning of The^^^Q^^^^-'
Agricultural Associations Act.

2. This Act shall come into force on the day upon which it commence-

^u r) 1 A ^ ment of Act.

receives the Royal Assent.

3. This Act may be cited as The Farm Products Containers short title.
Amendment Act, 1948.

101

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No. 101

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Farm Products Containers Act, 1947.

Mr, Kennedy

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 101 1948

BILL

An Act to amend The Farm Products Containers
Act, 1947.

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

1. Clause a of section 1 of The Farm Products Containers 1947^ c. 35.
Act, 1947 , is amended by striking out the words 'The Ontario Ij^^ended.'
Fruit Growers' Association and The Ontario Vegetable
Growers' Association" in the second and third lines and
inserting in lieu thereof the words "or The Ontario Fruit and
Vegetable Growers' Association", so that the said clause

shall now read as follows:

(a) "association" shall mean The Ontario Beekeepers' "associa-
Association or The Ontario Fruit and Vegetable *^°^"'
Growers' Association within the meaning of The^^^^^^^^-'
Agricultural Associations Act.

2. This Act shall come into force on the day upon which it commence-
receives the Royal Assent. "^^""^ "^ ^'=*-

3. This Act ma}' be cited as The Farm Products Containers short title.
Amendment Act, 1948.

101

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No. 102

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Bees Act.

Mr. Kennedy

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note

The amendment will require used honey containers to be cleansed
before they are sold, transported or shipped.

102

No. 102 1948

BILL

An Act to amend The Bees Act.

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

1. The Bees Act is amended by adding thereto the following Rev. stat..

c. 348,
section: amended.

24. Every person who sells, transports or ships any used Used
honey container that has not been cleansed shall be
guilty of an offence and liable to a penalty not
exceeding $25.

2. This Act may be cited as The Bees Amendment Act, 1948. short title.

102

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No. 102

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Bees Act.

Mr. Kennedy

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 102 1948

BILL

An Act to amend The Bees Act.

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

1. The Bees Act is amended by adding thereto the following Rev. stat..

c 348
section: amended.

24, Every person who sells, transports or ships any used used
honey container that has not been cleansed shall be
guilty of an offence and liable to a penalty not
exceeding $25.

2. This Act mav be cited as The Bees Amendment Act, 1948. Short title.

102

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No. 103

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Community Halls Act.

Mr. Kennedy

TORONTO

Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty

Explanatory Notes

Section 1. The purpose of this amendment is to provide that a
grant shall not exceed iS.OOO, in place of $2,000.

Section 2. The purpose of this amendment is to permit the estab-
lishment of a community hall or athletic field, or both, in a school area or
part thereof.

Section 3. The purpose of this amendment is to permit the board
of a community hall or athletic field, or both, to make rules and fix charges.

103

No. 103 1948

BILL

An Act to amend The Community Halls Act.

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

1. Subsection 1 of section 2 of The Community Halls Act nev. stat.,
is amended by striking out the symbol and figures "$2,000" subs, if' '
in the eighth line and inserting in lieu thereof the symbol and ^™ended.
figures "S5,000", and by adding at the end thereof the words

"or any one village", so that the said subsection shall now
read as follows:

(1) The Minister may grant aid to the municipal cor- Granting aid

^ . f I • • , mV r to township

poration ot a township or mcorporated village for or village
the purpose of assisting in providing for a com- munity hail
munity hall or the establishment and laying out of flefd!'^^'®"''
an athletic field, but such grant shall not exceed an
amount equal to twenty-five per centum of the cost
of the building or that part of the building designed
for a community hall or of the cost of the athletic
field, nor shall such grant exceed the sum of $5,000,
but grants may be made for the establishment of
more than one community hall or athletic field by
the corporation of any one township or any one
village.

2. Section 6 of The Community Halls Act is amended byRev stat.,
adding thereto the following subsection: amended.

Establish-

(10) Where a township school area has been established ^l^munity
under The Public Schools Act this section shall apply athie1;?c*
mutatis mutandis to the area or any part thereof, schoorareas.

3. Section 7 of The Community Halls Act is amended ^y^^2ii'^s^i
adding thereto the following subsection: amended.

(4) The board of a communitv hall or athletic field or Board may
both, as the case may be, may make such rules as it and fix
deems necessary relating to the management and

103

control thereof and may fix such charges therefor as
it deems advisable.

Short title. 4 jhis Apf j^^y jjg ^^^^ 3g Y^g Community Halls Amend-
ment Act, 1948.

103

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No. 103

4th Sf'.ssion, 22nd Legislaturk, Ontario
12 George VI, 1948

BILL

An Act to amend The Community Halls Act.

Mr. Kennedy

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 103 1948

BILL

An Act to amend The Community Halls Act.

HIS Majesty, by and with the advice and consent of
the Legislative Assembh' of the Province of Ontario,
enacts as follows:

1. Subsection 1 of section 2 of The Community Halls ylc/Rev. stat..

c 284 s 2

is amended by striking out the symbol and figures "$2,000" subs, i, '
in the eighth line and inserting in lieu thereof the symbol and ^°^®" ®
figures "$5,000", and by adding at the end thereof the words
"or any one village", so that the said subsection shall now
read as follows:

(1) The Minister mav grant aid to the municipal cor- planting aid

^ ^ . r ' 1 • • 1 -ir r t° township

poration oi a township or mcorporated village tor or village

, r ... . ,. r for com-

the purpose oi assisting in providing tor a com- munity hail

munity hall or the establishment and laying out of leid.^

an athletic field, but such grant shall not exceed an

amount equal to twenty-five per centum of the cost

of the building or that part of the building designed

for a community hall or of the cost of the athletic

field, nor shall such grant exceed the sum of $5,000,

but grants may be made for the establishment of

more than one community hall or athletic field by

the corporation of any one township or any one

village.

2. Section 6 of The Community Halls Act is amended by ^®J84®*s^V
adding thereto the following subsection : ' amended.'

Establish-

(10) Where a township school area has been established community
under The Public Schools Act this section shall apply athie^tic^
mutatis mutandis to the area or any part thereof. sc^hooWreas.

3. Section 7 of The Community Halls Act is amended by^^s^^^V,
adding thereto the following subsection: amended.

(4) The board of a community hall or athletic field orBoard^may
both, as the case mav be, mav make such rules as it and fix
deems necessary relating to the management and

103

control thereof and may fix such charges therefor as
it deems advisable.

Short title. 4. jj^jg j!>^^^ ^^y jjg cited as The Community Halls Amend- \
ment Act, 1948.

103

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No. 104

4th Session, 22nd Legislature, Ontario
12 George VI. 1948

BILL

The Cheese and Hog Subsidy Act, 1948.

Mr. Kennedy

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note

The effect of this Bill is to extend the provisions of The Cheese and Hog
Subsidy Act, 1941, until the 31st day of March, 1949.

104

No.. 104 1948

BILL

The Cheese and Hog Subsidy Act, 1948.

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

1. Notwithstanding anything contained in section 6 ofi94i. c. ii.
The Cheese and Hog Subsidy Act, 1941, The Cheese and Hog force^^^'^ ^'^
Subsidy Act, 1942, The Cheese and Hog Subsidy Act, 1943,lttl[l\l\
The Cheese and Hog Subsidy Act, 1944, The Cheese and Hog l|||'(2nd'
Subsidy Act, 1945, The Cheese and Hog Subsidy Act, 1946, or sess^).^c.^i;
The Cheese and Hog Subsidy Act, 1947 , all the other provisions i947', c! 12.
of The Cheese and Hog Subsidy Act, 1941, shall continue in

force and have effect until the 31st day of March, 1949.

2. This Act shall come into force on the 1st dav of April, commence-

.„.„ ■ 'mentofAct

1948.

3. This Act may be cited as The Cheese and Hog Subsidy short title
Act, 1948.

104

No. 104

4th Session, 22nd Legislature, Ontario
12 George VI. 1948

BILL

The Cheese and Hog Subsidy Act, 1948.

Mr. Kennedy

T O R O NT O

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 104 1948

BILL

The Cheese and Hog Subsidy Act, 1948.

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

1. Notwithstanding anything contained in section 6 ofi94i, c. ii.
The Cheese and Hog Subsidy Act, 1941, The Cheese and Hog force^^^^ ^'^
Siibsidy Act, 1942, The Cheese and Hog Subsidy Act, 1943,lltl\l\ll
The Cheese and Hog Subsidy Act, 1944, The Cheese and Hog\W\'^-^'
Subsidy Act, 1945, The Cheese and Hog Subsidy Act, 1946, or ses^o.^c.^i;
The Cheese and Hog Subsidy Act, 1947, all the other provisions 194?; c'. 12.
of The Cheese and Hog Subsidy Act, 1941, shall continue in

force and have effect until the 31st day of March, 1949.

2. This Act shall come into force on the 1st day of April, commence-
.-._ J t- 'mentofAct.

1948.

3. This Act may be cited as The Cheese and Hog Subsidy short title
Act, 1948.

104

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No. 105

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Power Commission Act.

Mr. Drew

TORONTO
Printed and Published by Baptist Johnston

PRINTERiTO THEJKlNG'S MOST EXCELLENT MAJESTY

Explanatory Notes

Section 1. This amendment provides for the application of funds
out of Commission's income for the frequency standardization reserve
authorized by section 3 of this Bill.

Section 2. This new subsection authorizes the transfer of funds
from the contingency reserve account to the frequency standardization
reserve account.

Section 3. The new section lie authorizes the setting up of a
frequently standardization reserve account.

The new section 21c authorizes the changing of the frequency at which
power is delivered to any person by the Commission.

The new section 216 authorizes alterations in —

(a) the Commission's own works; and

(b) the equipment and appliances of persons using Commission power,
other than municipalities.

It also authorizes —

(d) the Commission to bear the expense of changing the electric
appliances of domestic, rural domestic and commercial lighting
consumers, and also such portion of the expense of changing other
consumers works as may be advisable.

105

i:o. 105 1948

BILL

An Act to amend The Power Commission Act.

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

1. Clause/ of section 9 of The Power Commission Act, as Rev. stat.,
re-enacted by section 4 of The Power Commission Amendment ^^fii^^Q^
Act, 1946, is amended by inserting after the figures "11" in ^^^g^j^^fg^f/
the first line the figures and letter "11a," so that the said
clause shall now read as follows:

(/) to provide reserves authorized b^^ sections 11, 11a,
12 and 14; and

2. Section 11 of The Power Co?nmission Act, as re-enacted Rev. stat..
by section 5 of The Power Commission Amendment Act, 1946, (i946,

. . . . c. 73 s 5)

is amended by adding thereto the following subsection: amended. '

(3) The Commission may from time to time transfer Transfer to

r . -^ ifiiii I. frequency

from its reserve account established under clause ostandardiza-
of subsection 1 such amounts as it deems advisable, account,
and place the same to the credit of the frequency
standardization reserve account.

3. The Power Commission Act is amended by adding thereto Rej- stat.,

C. 62,
the following sections: amended.

11a. — (1) An account to be known as the frequency Frequency

■ ^. . , 11 standardiza-

standardization reserve account may be opened and tion reserve
maintained on the books of the Commission and the ^^*^°"" •
Commission may place to the credit of such ac-
count,—

(a) such amounts as the Commission transfers
under subsection 3 of section 11, from the
reserve account established under clause h of
subsection 1 of section 1 1 ;

105

Use of
moneys.

(2)

(b) such amounts as the Commission collects

pursuant to clause e of section lib;

credit of this account pursuant to subsection 2
of section 56;

(d) such additional amounts as may in the opinion
of the Commission be necessary for the pur-
poses of this section ;

(e) interest at such rates as the Commission shall

deem equitable and just upon balances remain-
ing from time to time to the credit of the
account.

Any or all of the amounts at the credit of the fre-
quency standardization reserve account may be
used in the discretion of the Commission for meeting
any expenditure or costs made or incurred under
section 2\b, except expenditure or costs made or
incurred in respect to works held by it under sec-
tion 71.

Change of
frequency.

Powers of
Commission
on frequency
change-over.

21a. Subject to the approval of the Lieutenant-Governor
in Council and notwithstanding any agreement
between the Commission and any person, the Com-
mission may change the periodicity in alternations of
current at which it supplies electrical power or energy
to any person,

2lb. Subject to the approval of the Lieutenant-Governor
in Council the Commission may, —

(a) for the purposes of standardizing and making
uniform the periodicity in alternations of
current at which it supplies electrical power or
energy, alter, reconstruct, rebuild, re-assemble,
construct, extend, replace or do whatever else
may be necessary in respect of its works and
works held by it under section 71 ;

(b) for the purpose of standardizing and making

uniform the periodicity in alternations of
current at which electrical power or energy
generated or procured by it is utilized, and
with the consent of the owner, alter, recon-
struct, rebuild, re-assemble, construct, extend,
replace or do whatever else may be necessary
in respect of the electrical equipment, appxara-

105

Section 4. Section 56, under which power is sold directly to system
customers at cost, is re-enacted to conform with modern conditions and
with the frequency change-over.

105

tus, appliances, devices or works of any
person other than a municipal corporation or
municipal commission which are utilized for
taking from the Commission and using elec-
trical power or energy;

{d) bear the expense of anything done pursuant to
clause h; to the electrical equipment, appara-
tus, appliances, devices or works of domestic,
rural domestic and commercial lighting con-
sumers, and also such portion of anything done
pursuant to clause b to the electrical equip-
ment, apparatus, appliances, devices or works
of any person other than domestic, rural
domestic or commercial lighting consumers as
the Commission may deem advisable;

(e) except as provided in clause d, charge to and
collect from any person to whose electrical
equipment, apparatus, appliances, devices or
works anything has been done pursuant to
clause h the cost or any part thereof according
to a tariff approved by the Lieutenant-
Governor in Council.

4. Section 56 of The Power Commission Act is repealed and Rev. stat..

c 62 s 56

the following substituted therefor: re-enacted.'

56. — (1) In addition to the powers conferred upon it by supply of
this Act or any other Act to contract w ith municipal p^"^®^-
corporations for the supply by it of electrical
power and energy and to contract with persons
pursuant to sections 47, 72 and 76, the Commission,
subject to the approval of the Lieutenant-Governor
in Council, may contract with any other person for
the supply of electrical power or energy to such
person upon such terms and conditions as the Com-
mission may deem proper.

(2) The revenue, or anv part thereof, derived by the Application
_ . , - ' , . , of revenue.

Commission from supplying pow'er or energy under

subsection 1 for use outside of Ontario and which

in the opinion of the Commission is so derived because

of anything done pursuant to section 2\h may be

placed to the credit of the frequency standardization

reserve account.

105

Application
of net profit.

(3) Any net profit made by the Commission in supplying
power or energy under subsection 1 shall be applied
in reduction of the cost of electrical power or energy
to municipal corporations having contracts with the
Commission.

Determina-
tion of net
profit.

(4) Net pro^t referred to in subsection 3 shall be deter-
mined by deducting from the revenue received from
supplying power or energy under subsection 1 all
moneys placed to the credit of the frequency stan-
dardization reserve account pursuant to subsection 2
and an amount determined by the Commission for
costs and charges as enumerated in clauses a, b and c
of section 61 and for the purposes of section 11 and
clause d of subsection 1 of section lla.

Use of
right-of-way
of railway,
power and
transmission
companies.

(5) The Commission may, with the approval of the
Lieutenant-Governor in Council, contract with a
railway company or power or transmission company
for the use of its right-of-way and property for the
purposes of the Commission.

Amendment
of agree-
ments.

c^*62 V'^58 ^' Section 58 of The Power Commission Act, as amended
re-enacted.' by section 7 of The Power Commission Amendment Act, 1943
and section 1 of The Power Commission Amendment Act, 1947
(No. 2), is repealed and the following substituted therefor:

58. — (1) If any agreement heretofore or hereafter entered
into by the Commission for the supplying of elec-
trical power or energy by the Commission to a
municipal corporation or for any other work or
service to be done or supplied by the Commission
to a municipal corporation contains any term or
condition conflicting with or contrary to this Act,
the agreement shall be deemed to be amended in
such manner and to such extent as to give effect
to this Act.

(2) Subject to subsection 1, where the Commission has
heretofore entered, or shall hereafter enter, into an
agreement for the supplying of electrical power or
energy by or to the Commission or for any other
work or service to be done by or supplied to the
Commission and such agreement has been or shall
hereafter be approved by the Lieutenant-Governor
in Council, it shall thereupon be valid and binding
upon the parties thereto.

6. Subsection 2 of section 58a of The Power Commission
Act, as enacted by section 2 of The Power Commission Amend-
ment Act, 1947 (No. 2), is repealed and the following sub-
stituted therefor:

Effect of
approval.

Rev. Stat.,

c. 62. s. 58a

(1947,

0. 79, 8. 2).

re-enacted.

105

Section 5. Section 58, as re-enacted, provides for amending contracts
with municipal corporations by making the provisions of The Power Com-
mission Act prevail, and also provides for validating power contracts.

Section 6. Section 58c, which deals with power conservation, is
extended.

105

(2) The Commission may at any time modif>-, restrict, ^on'^iff*^^'
suspend or re-impose any order, regulation, restric- restrictions,
tion, prohibition or control, heretofore or hereafter

given, made or exercised pursuant to subsection 1.

(3) The Commission mav interrupt or decrease delivery Cessation

^ ^ . - ^ , " of power

oi electrical power or energy m such manner and to delivery.
such extent as it sees fit to any of its customers who
fails to comply with any direction, order, regulation,
restriction, prohibition or control given, made or
exercised by it pursuant to subsection 1 by such
means as it may deem proper and may enter upon
any land of any such customer and do whatever is
necessary for that purpose.

(4) Anv municipal corporation or municipal commission Entry by

'..,., i , /^ municipal

receivmg electrical power or energy from the Com- corporation.
mission for distribution may interrupt or decrease
delivery of electrical power or energy in such manner
and to such extent as it sees fit to any of its cus-
tomers who fails to comply with any direction, order,
regulation, restriction, prohibition or control given,
made or exercised by the Commission, pursuant to
subsection 1 , by such means as it may deem proper,
and may enter upon any land of any such customer
and do whatever is necessary for that purpose.

(5) Nothing done under this section or under any direc- j^^ breach
tion, order, regulation, restriction, prohibition or of contract,
control made or exercised by the Commission under

this section or done to enforce or give effect thereto
by the Commission, its servants or agents, or b> any
municipal corporation or municipal commission or
its servants or agents, shall be deemed a breach of
contract by the Commission or any municipal cor-
poration or municipal commission or entitle any
person to rescind any contract or release any guaran-
tor from the performance of his obligation, or render
the Commission, its servants or agents, or any
municipal corporation or municipal commission, its
or their servants or agents liable in any action-at-law
or other legal proceedings for damages or otherwise.

(6) Any person refusing or neglecting to comply with Penaitir

any direction, order, regulation, restriction, prohibi-
tion or control made or exercised by the Commission
under this section shall be guilty of an offence and in
addition to any other liability incur a penalty of not
less than $100 and not more than $500 and a further
penalty of not less than $100 and not more than
$500 for each and every separate day upon which
such refusal or neglect is repeated or continued.

105

Recovery of
penalties.
Rev. Stat.,
0. 136.

Rev. Stat.,
c. 62. 8. 61,
cl. d (1946,
c. 73, s. 11),
amended.

(7) The penalties imposed by or under the authority of
this section shall be recoverable under The Summary
Convictions Act.

7. Clause d of section 61 of The Power Commission Act,
as re-enacted by section 11 of The Power Commission Amend-
ment Act, 1946, is amended by adding at the end thereof the
words "and clause d cf section 11a", so that the said clause
shall now read as follows:

Rev. Stat..

c. 62. 8. 71

(1939.

c. 35. 8. 3),

amended.

Use of
moneys for
standardiza-
tion of
frequency.

{d) an amount to be determined by the Commission fcr
the purposes of sections 11 and 12 and clause d of
section 11a.

8. Section 71 of The Power Commission Act, as re-enacted
by section 3 of The Power Commission Amendment Act, 1939
and amended by section 8 of The Power Commission Amend-
ment Act, 1943, is further amended by adding thereto the
following subsection :

(6) The Commission may in its discretion use any of the
revenue which may be derived or may have been
derived from the distribution of electrical power or
energy by the Commission on behalf of the corpora-
tion of any township forming a rural power district
or any part thereof for altering, reconstructing, re-
building, re-assembling, constructing, extending, re-
placing or whatever else may be necessary in respect
of works held by it under subsection 3, for the
purpose of standardizing and making uniform to
such extent and in such manner as it may deem
necessary the periodicity in alternations of current
at which it supplies electrical power to customers of
the corporation or at premises pursuant to sub-
section 3.

Rev. Stat..
0. 62. 8. 95o.
cl. d (1946.
c. 73. 8. 14).
amended.

9. Clause d of section 95a of The Power Commission Act,
as enacted by section 14 of The Power Commission Amend-
ment Act, 1946, is amended by adding at the end thereof the
words "in the alteration, reconstruction, rebuilding, re-assembl-
ing, construction, replacing or whatever else may be necessary
in respect of such works for the purpose of receiving from the
Commission and distributing electrical power or energy at a
changed periodicity in alternations of current; or", so that
the said clause shall now read as follows:

Extension
and altera-
tion of
works.

{d) in the extension of works for the production, develop-
ment, distribution or sale of electrical power or energy
or in the alteration, reconstruction, rebuilding, re-
assembling, construction, replacing or whatever else
may be necessary in respect of such works for the

105

Section 7. The words added to section 61 take into account the
addition of the new section 11a. {See section 3 of this Bill.)

Section 8. A new subsection is added to section 71 (rural power)
to provide for the use of revenue for frequency conversion.

Section 9. Clause d of section 95a is amended to authorize the use of
available hydro municioality electrical utility funds for frequency con-
version.

105

Section 10. See note to section 9.

105

purpose of receiving from the Commission and
distributing electrical power or energy at a changed
periodicity in alternations of current ; or

10. Clauses a and b of subsection 1 of section 96 of The Rev stat..

4 11 -ire n-'i ^- "2, S. 96,

Power Commission Act, as re-enacted by section 15 ot i /zgsubs. i. cis.
Power Commission Amendment Act, 1946, are repealed and thee! 73. s. 15,)
following substituted therefor: re-enac e

(a) in altering, reconstructing, rebuilding, re-assembling, ^^"eration
constructing, replacing or doing whatever else may
be necessary in respect of works for the production,
development, distribution or sale of electrical power
or energy for the purpose of receiving from the
Commission and distributing electrical power or
energy at a changed periodicity in alternations of
current;

{b) in repaying to persons to whom electrical power or in repay-

• «• i"ii_ I ""1 in6nt to cus~

energy is being supplied by such municipal corpora- tomers.
tion or municipal commission money paid by them
for electrical power or energy so supplied, such
repayment being made either directly or by a credit
on or reduction in bills for electrical power or energy;
or

(c) to the extent to which such surplus is derived from purloses^of
the supply of electrical power or energy for the ^'^"|^<=j?p^^i^^^
lighting of the streets of the municipality or for the
operation of any street railway or electric railway
or any public utility of the corporation other than an
electric utility, by payment over of such surplus or of
such portion thereof as the Commission may deem
proper, to the treasurer of the municipality to be
applied to the general purposes of the corporation.

11. This Act may be cited as The Power Commission ^^°^^ ^^^^^•
Amendment Act, 1948.

105

•^

I-*

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a-
00

No. 105

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Power Commission Act.

Mr. Drew

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 105 1948

BILL

An Act to amend The Power Commission Act.

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

1. Clause/ of section 9 of The Power Commission Act, asRev.stat.,
re-enacted by section 4 of The Power Commission Amendment ^[ ^/[Iq4q
Act, 1946, is amended by inserting after the figures "11" in c- 73. s. 4/.

. 11 amenaed.

the first Ime the figures and letter Ha, ' so that the said
clause shall now read as follows:

(J) to provide reserves authorized by sections 11, 11a,
12 and 14; and

2. Section 11 of The Power Commission Act, as re-enacted Rev stat..
bv section 5 of The Power Commission Amendment Act, 1946, (i946,

. ' . • . c 73 s 5)

is amended by adding thereto the following subsection: ainended. '

(3) The Commission mav from time to time transfer Transfer to

' ir©Q UGDCV

from its reserve account established under clause 6 standardiza-
of subsection 1 such amounts as it deems advisable, account.
and place the same to the credit of the frequency
standardization reserve account.

3. The Power Commission Act is amended b}^ adding thereto Rev^- stat.,

the following sections: amended.

11a. — (1) An account to be known as the frequency Frequency
standardization reserve account may be opened and tion reserve
maintained on the books of the Commission and the^*^'^*^"" '
Commission may place to the credit of such ac-
count,—

(a) such amounts as the Commission transfers
under subsection 3 of section 11, from the
reserve account established under clause b of
subsection 1 of section 1 1 ;

105

Use of
moneys.

(b) such amounts as the Commission collects

pursuant to clause e of section 216;

credit of this account pursuant to subsection 2
of section 56;

(d) such additional amounts as may in the opinion
of the Commission be necessary for the pur-
poses of this section ;

(e) interest at such rates as the Commission shall

deem equitable and just upon balances remain-
ing from time to time to the credit of the
account.

(2) Any or all of the amounts at the credit of the fre-
quency standardization reserve account may be
used in the discretion of the Commission for meeting
any expenditure or costs made or incurred undei
section 21b, except expenditure or costs made or
incurred in respect to works held by it under sec-
tion 71.

Change of
frequency.

Powers of

Commission
on frequency
change-over.

21a, Subject to the approval of the Lieutenant-Governoi
in Council and notwithstanding any agreemen
between the Commission and any person, the Com-
mission may change the periodicity in alternations of
current at which it supplies electrical power or energy'
to any person.

2lb. Subject to the approval of the Lieutenant-Governor
in Council the Commission may, —

(6) for the purpose of standardizing and making
uniform the periodicity in alternations of
current at which electrical power or energy
generated or procured by it is utilized, and
with the consent of the owner, alter, recon-
struct, rebuild, re-assemble, construct, extend,
replace or do whatever else ma>' be necessary
in respect of the electrical equipment, appara-

105

tus, appliances, devices or works of any
person other than a municipal corporation or
municipal commission which are utilized for
taking from the Commission and using elec-
trical power or energy;

clause a;

(d) bear the expense of anything done pursuant to
clause b to the electrical equipment, appara-
tus, appliances, devices or works of domestic,
rural domestic and commercial lighting con-
sumers, and also such portion of anything done
pursuant to clause b to the electrical equip-
ment, apparatus, appliances, devices or w'orks
of any person other than domestic, rural
domestic or commercial lighting consumers as
the Commission may deem advisable;

(e) except as provided in clause d, charge to and

collect from any person to whose electrical
equipment, apparatus, appliances, devices or
works anything has been done pursuant to
clause b the cost or any part thereof according
to a tariff approved by the Lieutenant-
Governor in Council.

4. Section 56 of The Power Commissiofi Act is repealed and Rev. stat..
the following substituted therefor: re-enacted.'

56. — (1) In addition to the powders conferred upon it by supply of
this Act or any other Act to contract with municipal p°"*'^'®'"-
corporations for the supply by it of electrical
power and energy and to contract with persons
pursuant to sections 47, 72 and 76, the Commission,
subject to the approval of the Lieutenant-Governor
in Council, may contract wath any other person for
the supply of electrical power or energy to such
person upon such terms and conditions as the Com-
mission may deem proper.

(2) The revenue, or any part thereof, derived bv the Application

^ . . ,. . . ' , of revenue.

Lommrssion from supplymg power or energy under

subsection 1 for use outside of Ontario and which

in the opinion of the Commission is so derived because

of anything done pursuant to section 2lb may be

placed to the credit of the frequency standardization

reserve account.

105

Application
of net profit.

Determina-
tion of net
profit.

(4) Net profit referred to in subsection 3 shall be deter-
mined by deducting from the revenue received from
supplying power or energy under subsection 1 all
moneys placed to the credit of the frequency stan-
dardization reserve account pursuant to subsection 2
and an amount determined by the Commission for
costs and charges as enumerated in clauses a, b and c
of section 61 and for the purposes of section 11 and
clause d of subsection 1 of section 11a.

Use of
righit-of-way
of railway,
power and
transmission
companies.

^^Ia ^}^h' 5. Section 58 of The Power Commission Act, as amended
re-enacted, by section 7 of The Power Commission Amendment Act, 1943
and section 1 of The Power Commission Amendment Act, 1947
(No. 2), is repealed and the following substituted therefor:

Amendment
of agree-
ments.

Effect of
approval.

^®62.^*^58(i ^- Subsection 2 of section 58a of The Power Commission
o^79^'s 2) ^ct, as enacted by section 2 of The Power Commission Amend-
re-enacted* ment Act, 1947 (No. 2), is repealed and the following sub-
stituted therefor:

105

(2) The Commission may at any time modify, restrict, ^on*o^°*"
suspend or re-impose any order, regulation, restric- restrictions,
tion, prohibition or control, heretofore or hereafter

given, made or exercised pursuant to subsection 1.

(3) The Commission may interrupt or decrease delivery ^f^^^^^^
of electrical power or energy in such manner and to delivery
such extent as it sees fit to any of its customers who

fails to comply with any direction, order, regulation,
restriction, prohibition or control given, made or
exercised by it pursuant to subsection 1 by such
means as it may deem proper and may enter upon
any land of any such customer and do whatever is
necessary for that purpose.

(4) Anv municipal corporation or municipal commission Entry by

. . , . , r 1 /^ municipal

receiving electrical power or energy from the Com- corporation,
mission for distribution may interrupt or decrease
delivery of electrical power or energy in such manner
and to such extent as it sees fit to any of its cus-
tomers who fails to comply with any direction, order,
regulation, restriction, prohibition or control given,
made or exercised by the Commission, pursuant to
subsection 1, by such means as it may deem proper,
and may enter upon any land of any such customer
and do whatever is necessary for that purpose.

(5) Nothing done under this section or under any direc- j^j^ breach
tion, order, regulation, restriction, prohibition or of contract,
control made or exercised by the Commission under

this section or done to enforce or give effect thereto
by the Commission, its servants or agents, or by any
municipal corporation or municipal commission or
its servants or agents, shall be deemed a breach of
contract by the Commission or any municipal cor-
poration or municipal commission or entitle any
person to rescind any contract or release any guaran-
tor from the performance of his obligation, or render
the Commission, its servants or agents, or any
municipal corporation or municipal commission, its
or their servants or agents liable in any action-at-law
or other legal proceedings for damages or otherwise.

(6) Any person refusing or neglecting to comply with Penalties.

105

Recovery of
penalties.
Rev. Stat..
o. 136.

(7) The penalties imposed by or under the authority of
this section shall be recoverable under The Summary
Convictions Act.

Rev. Stat.,
c. 62, 8. 61,
cl. d (1946,
c. 73. 8. 11),
amended.

7. Clause d of section 61 of The Power Commission Act,
as re-enacted by section 11 of The Power Commission Amend-
ment Act, 1946, is amended by adding at the end thereof the
words "and clause d cf section Ha", so that the said clause
shall now read as follows:

{d) an amount to be determined by the Commission for
the purposes of sections 11 and 12 and clause d of
section 11a.

Rev. Stat.,

c. 62. 8. 71

(1939.

c. 35. s. 3),

amended.

Use of
moneys for
standardiza-
tion of
frequency.

Rev. Stat.,
c. 62. 8. 95o,
cl. d (1946,
c. 73, 8. 14),
amended.

Extension
and altera-
tion of
works.

105

purpose of receiving from the Commission and
distributing electrical power or energy at a changed
periodicity in alternations of current ; or

10. Clauses a and b of subsection 1 of section 96 of The^^^^ sta^^.
Power Commission Act, as re-enacted by section 15 of r/?e subs.' i. els'.
Power Commission Amendment Act, 1946, are repealed and thed 73, s. i5.)
following substituted therefor:

(a) in altering, reconstructing, rebuilding, re-assembling, ^^1*®^^^!°"

constructing, replacing or doing whatever else may
be necessary in respect of works for the production,
development, distribution or sale of electrical power
or energy for the purpose of receiving from the
Commission and distributing electrical power or
energy at a changed periodicity in alternations of
current;

(b) in repaying to persons to whom electrical power or in repay-

«.• 1*11 1 **i mciiL Xi(j cuS"

energy is bemg supplied by such municipal corpora- tomers.
tion or municipal commission money paid by them
for electrical power or energy so supplied, such
repayment being made either directly or by a credit
on or reduction in bills for electrical power or energy;
or

the supply of electrical power or energy for the ^^^icipai^^^^
lighting of the streets of the municipality or for the
operation of any street railway or electric railway
or any public utility of the corporation other than an
electric utility, by payment over of such surplus or of
such portion thereof as the Commission may deem
proper, to the treasurer of the municipality to be
applied to the general purposes of the corporation,

11. This Act may be cited as The Power Commission ^^°^^ ^^^^^'
Amendment Act, 1948.

lO.S

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So.

No. 106

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Training Schools Act, 1939.

Mr. Dunbar

TORONTO

Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty

Explanatory Notes.

Section 1. The amendment increases the liability of the munici-
pality from which a boy or girl goes to a training school from fifty cents
per day to seventy-five cents per day.

Section 2. This amendment increases the provincial contribution
to private training schools from fifty cents per day to seventy-five cents
per day where the boy or girl comes from a municipality, and from $1 to
♦1.50 where the boy or girl comes from a part of a provisional judicial
district which is not within a city or separated town or a town or township
having a population of 5,000 or over.

106

No. 106 1948

BILL

An Act to amend The Training Schools Act, 1939.

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

1. Subsection 1 of section 15 of The Training Schools -^c^s^fl'g^ubs^'i
1939, is amended by striking out the word "fifty" in the sixth amended,
line and inserting in lieu thereof the word "seventy-five", so

that the said subsection shall now read as follows:

(1) Subject as in this Act may otherwise be provided, L^^nity^^
when a boy or girl is sent or admitted to a training paiity.
school, the municipality to which the boy or girl
belongs shall be liable to the Department in the case
of an Ontario training school and to the society
operating the training school in the case of a private
training school, for and shall pay the sum of seventy-
five cents per day towards the cost of maintenance
and education of such boy or girl for each actual
day's stay of the boy or girl in the training school.

2. Subsection 1 of section 20 of The Training Schools -^^^g^lo'subs^'i
1939, as amended by section 1 of The Training Schools ^we«rf- amended.
ment Act, 1947 , is further amended by striking out the word

"fifty" in the first line and inserting in lieu thereof the word
"seventy-five", and by striking out the words "one dollar"
in the amendment of 1947 and inserting in lieu thereof the
symbol and figure "$1.50", so that the said subsection shall
now read as follows:

(1) The sum of seventy-five cents per day and in thecontribu-
case of a boy or girl belonging to a part of a provi- Province
sional judicial district not within a city or separated school^**
town or a town or township having a population of
5,000 or over the sum of $1.50 per day for each day's
actual stay of a boy or girl in a private training
school shall be paid quarterly by the Treasurer of
Ontario to the society maintaining the training
school out of any moneys appropriated for that
purpose.

106

ment"of"Act ^- ^^^^ ^^^ ^^^^' come into force on the day upon which
it receives the Royal Assent.

Short title, 4. This Act may be cited as The Training Schools Amend-
ment Act, 1948.

106

D
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IB
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00

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p
5'
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No. 106

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Training Schools Act, 1939.

Mr. Dunbar

TORONTO

Printed and'JPublished by Baptist Johnston
Printer to the King's Most Excellent Majesty

Xo. 106 1948

BILL

An Act to amend The Training Schools Act, 1939.

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

1. Subsection 1 of section 15 of The Training Schools ■^ct,l^ll'°;^^^\^
1939, is amended by striking out the word "fifty" in the sixth amended,
line and inserting in lieu thereof the word "seventy-five", so

that the said subsection shall now read as follows:

(1) Subject as in this Act may otherwise be provided, ^^i^|||^7._
when a boy or girl is sent or admitted to a training paiity.
school, the municipality to which the boy or girl
belongs shall be liable to the Department in the case
of an Ontario training school and to the society ,

operating the training school in the case of a private
training school, for and shall pay the sum of seventy-
five cents per day towards the cost of maintenance
and education of such boy or girl for each actual
da^-'s stay of the boy or girl in the training school.

2. Subsection 1 of section 20 of The Training Schools ^c^. g^fo'subs^'i
1939, as amended by section 1 of The Training Schools Amend- amended.
ment Act, 1947 , is further amended by striking out the word

(1) The sum of seventy-five cents per day and in thecontribu-
case of a boy or girl belonging to a part of a provi- p^ovince^
sional judicial district not within a city or separated gchoois^*^
town or a town or township having a population of
5,000 or over the sum of $1.50 per day for each day's
actual stay of a boy or girl in a private training
school shall be paid quarterly by the Treasurer of
Ontario to the society maintaining the training
school out of any moneys appropriated for that
purpose.

106

ment"o "Act ^- ^^^^ -^^t shall come into force on the day upon which
it receives the Royal Assent.

Short title. 4. This Act may be cited as The Training Schools Amend-
ment Act, 1948.

106

^ S-

OfQ

No. 107

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL .

An Act to amend The Workmen's Compensation Act.

Mr. Carlin

TORONTO

Printed^and Published by Baptist Johnston

Printer toJthe King's Most Excellent Majesty

Explanatory Notes

Section 1. Eliminates the seven-day waiting period before com-
pensation can be paid.

Sections 2, 3 and 4. Increase the basis of compensation from sixty-six
and two-thirds per cent of earnings to one hundred per cent of earnings.
The reference to the waiting period in subsection 1 of section 40 of the
Act is deleted because the waiting period is eliminated by section 1 of this
Bill.

107

No. 107 1948

BILL

An Act to amend The Workmen's Compensation

Act.

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

1. Clause a of subsection 1 of section 2 of The Workmen' s^^^- stat..

c. 204 S. 2

Compensation Act is repealed. subs. i. ci.'a,

repealed.

2. Section 38 of The Workmen' s Compensation Act, as re- ^ey. stat..
enacted by section 2 of The Workmen' s Compensation Amend- d^^^zl
ment Act, 1942, is amended by striking out the words "sixty- amended. '
six and two-thirds" in the third line and inserting in lieu
thereof the words "one hundred", so that the said section

shall now read as follows:

38. Where temporarv total disabilitv results from the Compensa-

. . , ■ . 1 1, 1 ' 1 , tion in case

mjury, the compensation shall be a weekly payment of temporary

of one hundred per centum of the workman's average abiuty.

weekly earnings during the previous twelve months

if he has been so long employed, but if not then for

any less period during which he has been in the

employ of his employer, and shall be payable sp

long as the disability lasts.

3. Section 39 of The Workmen' s Compensation Act, as ^^-^^26i'^s^z9
enacted by section 2 of The Workmen' s Compensation Amend- (1942,'

. .. c. 41,s. 2),

ment Act, 1942, is amended by striking out the words "sixty- amended.
six and two-thirds" in the third line and inserting in lieu
thereof the words "one hundred", so that the said section
shall now read as follows:

39. Where temporary partial disability results from the Temporary

injury, the compensation shall be a weekly payment dfsabmty.
of one hundred per centum of the difference between
the average weekly earnings of the workman before
the accident and the average amount which he is
earning or is able to earn in some suitable employ-

107

Rev. Stat.,

c. 204. 8. 40,

subs. 1

(1942,

c. 41, 8. 2),

amended.

ment or business after the accident, and shall be
payable so long as the disability lasts, and subsection
3 of section 40 shall apply.

4. — (1) Subsection 1 of section 40 of The Workmen's
Compensation Act, as re-enacted by section 2 of The Work-
men's Compensation Amendment Act, 1942, is amended by
striking out the words "sixty-six and two-thirds" in the ninth
line and inserting in lieu thereof the words "one hundred", and
by striking out the words "and shall be payable notwithstand-
ing clause a of subsection 1 of section 2" in the eleventh and
twelfth lines, so that the said subsection shall now read as
follows:

disabuPty!* (1) Where permanent disability results from the injury,

the impairment of earning capacity of the workman
shall be estimated from the nature and degree of the
injury and the compensation shall be a weekly or
other periodical payment during the lifetime of the
workman, or such other period as the Board may
fix, of a sum proportionate to such impairment not
exceeding in any case the like proportion of one
hundred per centum of his average weekly earnings
ascertained in the manner provided by section 38.

c. 204, s. 40, (2) Subsection 4 of the said section 40 is amended by
(1942, striking out the words "sixty-six and two-thirds" in the

amerid^ed^.^' eighth and ninth lines and inserting in lieu thereof the words

"one hundred", so that the said subsection shall now read as

follows:

Compensa-
tion for
permanent
disability.

(4) Where the Board deems it more equitable, the Board
may award compensation for permanent disability
having regard to the difference between the average
weekly earnings of the workman before the accident
and the average amount which he is earning or is
able to earn in some suitable occupation after the
accident, and the compensation may be a weekly or
other periodical payment of one hundred per centum
of such difference, and regard shall be had to the
workman's fitness to continue in the employment in
which he was injured or to adapt himself to some
other suitable occupation.

Rev. Stat.,
c. 204.
amended.

Pre-existing
condition.

5. The Workmen's Cowpen5a/w7ni4c/ is amended by adding
thereto the following section :

41. — (1) Where a workman suffers any disability which
is in part the result of an accident and in part the
result of aggravation of a pre-existing condition,
whether such aggravation is apparent at the time of

107

Section 5. Provides for compensation where a pre-existing condi-
tion is aggravated.

107

Section 6. Provides that any workman who is exposed to silica
dust must be given an annual X-ray examination, and where any degree
of lung injury is discovered, the examination thereafter must be every two
months.

Section 7. Gives added protection to victims of silicosis by providing
for comf)ensation where other disabling conditions develop.

107

the accident or becomes apparent at any time there-
after, the Board shall pay compensation to the
workman in accordance with the actual degree of
disability from which he suffers.

(2) The Board shall estimate the degree of disability Assessment,
which is directly due to the accident and shall pay
the amount of compensation payable for that degree
of disability from the accident fund, and the re-
mainder of the compensation from the special fund
provided for in subsection 2 of sect.ion 101.

6. Section 50 of The Workmen's Compensation Act isRev. stat.,
amended by adding thereto the following subsection: amended. '

(13) Every workman who in the course of his employment ^'J^T^^o+i^^o

^ ' "^ * ^ cxtxiTi 1 113, t ions

is exposed to the danger of inhalation of silica dust to be given.
shall be given an X-ray examination of his lungs at
least once in each year of such employment, and
where such examination reveals any degree of
injury to a lung he shall be given such examination
at least once in every two months thereafter, and the
provisions of this section with respect to provision of
medical aid shall apply mutatis mutandis.

7. Section 115 of The Workmen's Compensation Act is Rev. stat.,
amended by adding thereto the following subsection: ameitded.^''^^'

(9) Notwithstanding anything to the contrary contained dTs^^Miit -
in this Act, where any workman has been exposed to deemed due

11 r • 1 1 • r •«• 1 , . .- .to Silicosis.

the danger or mhalation ot silica dust and is found
to have contracted any condition which could be
attributed to silicosis and suffers any disability
therefrom, such disability for purposes of compen-
sation shall be deemed to be due to silicosis, and any
chronic lung disease contracted by such workman
at any time thereafter shall be deemed to be an
industrial disease arising out of and in the course of
his employment at the time such condition was
contracted.

8. This Act may be cited as The Workmen's Compensation short title.
Amendment Act, 1948.

107

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No. 108

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act respecting the Provision of Services by the Province and
Municipalities to Persons Occupying Dominion Crown Lands.

Mr. Drew

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note.

Self-explanatory.

108

No. 108 1948

BILL

An Act respecting the Provision of Services by the

Province and Municipalities to Persons

Occupying Dominion Crown Lands.

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

1. In this Act, — interpre-

tation,—

(a) "area" means any parcel or parcels of land;

"area";

(b) "council" includes the board of trustees of an im- "council";
provement district;

2.— (1) Where an area of land is vested in His Majesty in ^/'^^;:'o^4°n
right of Canada or in a person or corporation on behalf of mSmcipali-
His Majesty in right of Canada, the Lieutenant-Governor in ties.
Council, upon receipt of representations from the council of
the local municipality and the council of the county, if any,
in which the area is situate that no suitable arrangements
have been made to pay for provincial and municipal services
by way of submitting to assessment and taxation of the land
or paying compensation in lieu thereof, may by Order-in-
Council exclude the area from the local municipality and the
county, if any, in which it is situate for any or all of the
following purposes:

(a) Education;

(b) Fire and police protection ;

(d) Highways;

(e) Sewers and sewage disposal;
108

Rev. Stat.,
c. 59.

(/) Garbage disposal;

(g) Public health, including hospitals and hospitalization ;

(h) Welfare, including relief and payment under any Act
of this Legislature with respect to the inhabitants of
the area ;

(i) Public utility as defined in The Department of Munici-
pal Affairs Act;

(j) The payment of any grants by the Province in rela-
tion to such area or the inhabitants thereof;

(k) Any other purpose in respect of which provision is
made from time to time that any municipality or
the Province may spend public money.

^^^"sion (2) Where such an area is unorganized territory, the Lieu-

territoriai tenant-Governor in Council may by Order-in-Council exclude
.the area from the territorial district in which it is situate for
any or all of the purposes set out in subsection 1.

Effect of
exclusion.

Application
of provincial
Acts where
service
provided
by Crown.

Commence-
ment of Act.

Sho-t title.

3. Upon the passing of an Order-in-Council under section 2,
the local municipality, the county and the Province shall be
relieved from responsibility with respect to such area and the
inhabitants thereof for the purposes set out in the Order-in-
Council.

4. If,-

(a) any area is so excluded ; and

(b) no suitable arrangement is made as to payment for
any service; and

poration on behalf of His Majesty in right of Canada
is providing any service to the inhabitants of the
area,

the Lieutenant-Governor in Council may by Order-in-Council
provide that His Majesty in right of Canada or the person or
corporation shall receive grants and assistance under any Act
of this Legislature with respect to that service in the same
manner as any other public authority providing such service.

6. This Act shall come into force on a day to be named by
the Lieutenant-Governor by his Proclamation.

6. This Act may be cited as The Dominion Crown Tenants
Provincial- Municipal Services Act, 1948.

108

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O^S

No. 108

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act respecting the Provision of Services by the Province and
Municipalities to Persons Occupying Dominion Crown Lands.

Mr. Drew

TORONTO

Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty

No. 108 1948

BILL

An Act respecting the Provision of Services by the

Province and MunicipaHties to Persons

Occupying Dominion Crown Lands.

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

1. In this Act, — interpre-

tation,—

(a) "area" means any parcel or parcels of land;

"area";

(b) "council" includes the board of trustees of an im- "council";

provement district;

trict. ' **y"-

2. — (1) Where an area of land is vested in His Majesty in of^cro^^n
right of Canada or in a person or corporation on behalf of mumcipaii-
His Majesty in right of Canada, the Lieutenant-Governor in ties.
Council, upon receipt of representations from the council of
the local municipality and the council of the county, if any,
in which the area is situate that no suitable arrangements
have been made to pay for provincial and municipal services
by way of submitting to assessment and taxation of the land
or paying compensation in lieu thereof, may by Order-in-
Council exclude the area from the local municipality and the
county, if any, in which it is situate for any or all of the
following purposes: «

(a) Education;

(b) Fire and police protection ;

(d) Highways;

(e) Sewers and sewage disposal ;
108

Rev. Stat.,
c. 59.

(/) Garbage disposal;

(g) Public health, including hospitals and hospitalization ;

(h) Welfare, including relief and payment under any Act
of this Legislature with respect to the inhabitants of
the area ;

(i) Public utility as defined in The Department of Munici-
pal Affairs Act;

(J) The payment of any grants by the Province in rela-
tion to such area or the inhabitants thereof;

{k) Any other purpose in respect of which provision is
made from time to time that any municipality or
the Province may spend public money.

^om"^'°'^ (2) Where such an area is unorganized territory, the Lieu-

^erritoriai tenant-Governor in Council may by Order-in-Council exclude
the area from the territorial district in which it is situate for
any or all of the purposes set out in subsection 1.

Effect of
exclusion.

Application
of provincial
Acts where
service
provided
by Crown.

4. If,-

Commence-
ment of Act.

Short title.

(a) any area is so excluded ; and

(6) no suitable arrangement is made as to payment for
any service; and

(c) His Majesty in right of Canada or the person or cor-
poration on behalf of His Majesty in right of Canada
is providing any service to the inhabitants of the
area,

5. This Act shall come into force on a day to be named by
the Lieutenant-Governor by his Proclamation.

6. This Act may be cited as The Dominion Crown Tenants
Provincial-Municipal Services Act, 1948.

108

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No. 109

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Labour Relations Board Act, 1944.

Mr. Carlin

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes

Section 1. The interpretation section is re-enacted in accordance
with the new terms introduced into the Act. (Section 1.)

The provision for application of Dominion regulations is repealed,
and replaced by a statement of the right to organize and bargain collec-
tively. (Section 2.) Section 3 of the Act, which is no longer necessary,
is repealed.

109

No. 109 1948

BILL

An Act to^amend The Labour Relations Board Act,

1944.

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

1. Section 1, section 2 as amended by section 1 of r/fei944, c. 44,

• ss 1 2

Labour Relations Board Amendment Act, 1946, and section 3re-eriacted;
of The Labour Relations Board Act, 1944, are repealed and the^'^''"®'^®^^®'*'
following substituted therefor:

1. In this Act,— tatfon^.-

(a) "bargaining collectivelv" means negotiating in "bargain

^ ' f - . , . , . ' , . °- collectively";

good faith With a view to the conclusion of a
collective bargaining agreement, the embodi-
ment in writing of the terms of agreement
arrived at in negotiations or required to be
inserted in a collective bargaining agreement
of this Act, the execution by or on behalf of
the parties of such written agreement and
the negotiations from time to time for the
settlement of disputes and grievances of em-
ployees covered by the agreement;

{b) "Board" shall mean Ontario Labour ^Relations "Board";
Board ;

' . . . , bargaining

agreement m writing between an employer and agreement";
a trade union setting forth the terms and condi-
tions of employment or containing provisions
in regard to rates of pay, hours of work or
other working conditions;

(d) "companv dominated organization" means anv "company

, , . ^. , - . , . . ' dominated

labour organization, the lormation or adminis-organiza-

tration of which any employer or employer's

tion'

109

"•otployM'

agent has dominated or interfered with or to
which any employer or employer's agent has
contributed financial or other support, except
as permitted by this Act;

(e) "employee" means any person in the employ-
ment of an employer, except any person having
authority to employ or discharge employees or
regularly acting on behalf of management in
a confidential capacity, and includes any
person on strike or locked out in a current
labour dispute who has not secured permanent
employment elsewhere;

"•mplojrer*

"•mplorer'a

"labour

orcnnlza-

tlon";

(J) "employer" means,

(i) an employer who employs three or more
employees, or

(ii) an employer who employs less than
three employees, if at least one of the
said employees is a member of a trade
union which includes among its mem-
bership employees of more than one
employer,

and includes an employer whose relations
with his employees are not withdrawn, so far
as the matters dealt with in this Act are
concerned, from the legislative jurisdiction of
the Legislature of Ontario by any valid law or
regulation passed by or under the authority of
the Parliament of Canada ;

(g) "employer's agent" means,

(i) a person or association acting on behalf
of an employer,

(ii) an officer, official, foreman or other
representative or employee of an em-
ployer acting in any way on behalf of
an employer in respect to the hiring
or discharging or any of the terms or
conditions of employment of the em-
ployees of such employer;

(/i) "labour organization" means an organization
of employees, not necessarily employees of one
employer, which has bargaining collectively
among its purposes;

109

Sbction 2. Subsection 2 of section 4 of the Act is re-enacted, to give
the Board the powers that are required under the Act as amended.

109

(i) "Minister" means the Minister of Labour; and "Minister'

(J) "trade union" means a labour organization "trade
whicl
tion.

which is not a company dominated organiza-

2. Emplo\ees shall have the right to organize in and Rights of
^ ■ . . . ° . ° . employees.

to form, jom or assist trade unions and to bargain
collectively through representatives of their own
choosing, and the representatives designated or
selected for the purpose of bargaining collectively
by the majority- of employees in a unit appropriate
for such purpose shall be exclusive representatives of
all employees in such unit for the purpose of bargain-
ing collectiveh'.

2. Subsection 2 of section 4 of The Labour Relations Board]., \%\ s. 4,
Act, 1944, as amended b\- section 2 of The Labour Relations 1^^^j{^q\^^
Board Amendment Act, 1946, is repealed and the following
substituted therefor:

(2) The Board shall have power to make orders, — Powers of

^ Board.

(a) determining whether the appropriate unit of
employees for the purpose of bargaining col-
lectively shall be an employer unit, craft unit,
plant unit or a subdivision thereof or some
other unit;

{b) determining what trade union, if any, repre-
sents a majority of employees in an appro-
priate unit of employees;

{d) requiring any person to refrain from violations
of this Act or from engaging in any unfair
labour practice;

(e) requiring an employer to reinstate any em-
ployee discharged contrary to the provisions
of this Act and to pay such employee the
monetary loss suflfered by reason of such
discharge;

(/) requiring an employer to disestablish a com-
pany dominated organization ; and

ig) rescinding or amending any order or decision
of the Board.

109

19*4. 3. Subsection 7 of section 5 of The Labour Relations Board

•ut».'7.' * Acl, 1944, is amendeti by striking out all the words after the
*"*"** word "prcKwIure" in the third line, so that the said subsection

shall now read as follows:

Prooadur*. (7) Subject to the approval of the Lieutenant-Governor

in Council, the Board may make f^ules or regulations
governing its procedure.

e.*M'.«. 8 *• "Section 8 of The Labour Relations Board Act, 1944, as

'•■*^*'*** amended b>- section 4 of The Labour Relations Board Amend-
ment Act, 1946, is repealed and the following substituted
therefor:

rower to
ordf vote.

Qaorum.

Unrnir
labour
practice of
employer.

8. — (1 ) When the choice of a trade union as representative
of the majority of emplo>ees for the purpose of
bargaining collectiveK is in question, the Board, —

(a) may direct a vote to be taken by secret ballot
of all employees eligible to vote to determine
such question; and

{b) shall direct such a vote upon the application
of any trade union which 25 per cent or more
of the emplo\ees in any appropriate unit have,
within six nonths preceding the application,
indicated as their choice as representative
for the purpose of bargaining collectively
either b>- membership in such trade union or
by written authority-.

(2) In any such vote a majority of the employees eligible
to vote shall constitute a quorum and if a majority
of those eligible to vote actually vote, the majority
of those voting shall determine the trade union which
represents the majority of employees for the purpose
of bargaining collectivel>-.

8fl. — (1) It shall be an unfair labour practice for any
employer or cmplo>er's agent, —

(a) to interfere with, restrain or coerce an>- em-
ployee in the exercise of any right conferred
by this Act;

{b) to discriminate or interfere with the formation
or administration of any labour organization
or contribute financial or other support to it;
providefl than an employer shall not be pro-
hibited from permitting the bargaining com-
mittee or officers of a trade union representing

109

Section 4. A number of new sections are added to the Act to
provide:

(1) that a vote must be taken on request of 25 per cent of the em-
ployees, and that if a majority of the employees vote, the majority
of those voting shall determine the collective bargaining agency-
(New section 8.)

(2) a precise definition of "unfair labour practices". (New section 8a.)

(3) penalties for unfair labour practices. (New section Sb.) ■

(4) that the Lieutenant-Governor in Council may appoint a controller
to operate the plant of any employer who wilfully disregards or
disobeys an order of the Board. (New section 8c.)

(5) for conciliation machinery. (New sections 8d and Se.)

(6) for provision of arbitration machinery in any collective bargaining
agreement. (New section 8/.)

(7) for the check-off of union dues upon request of the employee.
(New section Sg.)

(8) that collective bargaining agreements shall remain in force for at
least a year, with one month's notice of termination required
thereafter. (See section &h.)

(9) for a modified union shop. (New section 8i.)

109

his employees in any unit to confer with him
for the purpose of bargaining collectively or
attending to the business of a trade union
without deductions from wages for loss of time
so occupied or from agreeing with any trade
union for the use of notice boards and of the
employer's premises for the purposes of such
trade union ;

representatives elected or appointed, not neces-
sarily being the employees of the employer, by
a trade union representing the majority of the
employees in an appropriate unit;

(d) to refuse to permit any duly authorized repre-
sentative of a trade union with which he has
entered into a collective bargaining agreement
to negotiate with him during working hours
for the settlement of disputes and grievances
of employees covered by the agreement, or to
make any deductions from the wages of any
such duly authorized representative of a trade
union in respect of the time actually spent in
negotiating for the settlement of such disputes
and grievances;

(e) to discriminate in regard to hiring or tenure of

employment or any term or condition of em-
ployment or to use coercion or intimidation of
any kind with a view to encouraging or dis-
couraging membership in or activity in or for
a labour organization or participation of any
kind in a proceeding under this Act; provided
that nothing in this Act shall preclude any
employer from making an agreement with a
trade union to require as a condition of
employment membership in or maintenance of
membership in such trade union or the selec-
tion of employees by or with the advice of a
trade union or any other condition in regard
to employment, if such trade union has been
designated or selected by a majority of em-
ployees in any such unit as their representa-
tive for the purpose of bargaining collectively;

(/) to require as a condition of employment that
any person shall abstain from joining or assist-
ing or being active in any trade union or from
exercising any right provided by this Act,
except as permitted by this Act;

109

(g) to interfere in the selection of a trade union as a
representative of employees for the purpose
of bargaining collectively;

(A) to maintain a system of industrial espionage or
to employ or direct any person to spy upon a
member or proceedings of a labour organiza-
tion or the offices thereof or the exercise by
any employee of any right provided by this
Act;

(») to threaten to shut down or move a plant or
any part of a plant in the course of a labour
dispute; or

(j) to declare or cause a lock-out or to make or
threaten any change in wages, hours, condi-
tions of employment, benefits or privileges
while any application is pending before a
board of conciliation appointed under the
provisions of this Act.

labour (2) 't shall be an unfair labour practice for an>- employee

•mpioy^^ ^^ ^^y person acting on behalf of a labour organiza-

tion,—

(a) to use coercion or intimidation of any kind
with a view to encouraging or discouraging
membership in or activity in or for a labour
organization; provided that nothing in this
Act shall preclude a person acting on behalf
of a trade union from attempting to persuade
an employer to make an agreement with that
trade union to require as a condition of em-
ployment membership or maintenance of
membership in such trade union or the selec-
tion of employees by or with the advice of a
trade union or any other condition in regard
to employment, if such trade union has been
designated or selected by a majority of em-
ployees in any such unit as their representa-
tive for the purpose of bargaining collec-
tively; or

(b) to take part in or persuade or attempt to per-
suade any employee to take part in a strike
while an application is pending before the
Board or any matter is pending before a
board of conciliation appointed under the
provisions of this Act.

109

Sb. — (1) Any person who takes part in, aids, abets, p®"^^*'®^-
counsels or procures any unfair labour practice shall,
in addition to any other penalty which he has
incurred or had imposed upon him under the pro-
visions of this Act, be guilty of an offence and liable
on summary conviction for a first offence to a fine of
not less than $25 and not more than $200, if an
individual, or not less than $200 and not more than
$5,000 if a corporation, and upon a second and subse-
quent offence, to such fine and to imprisonment not
exceeding one year, if an individual, or to a fine of
not less than $500 and not more than $10,000 if a
corporation.

(2) No prosecution shall be instituted under this section Consent of

• 1 1 r 1 T-. 1 Board.

Without the consent oi the Board.

8c. In addition to any other penalties imposed or remedies Appointment
provided by this Act, the Lieutenant-Governor in
Council, upon the application of the Board and upon
being satisfied that any employer has wilfully dis-
regarded or disobeyed any order filed b>' the Board,
may appoint a controller to take possession of any
business, plant or premises of such emplo\er within
Ontario as a going concern and operate the same on
behalf of His Majesty- until such time as the Lieu-
tenant-Governor in Council is satisfied that upon
the return of such business, plant or premises to the
employer the order of the Board will be obeyed.

8c?. The Minister may establish a board of conciliation Board of

... , ^ ,. . conciliation.

to mvestigate, conciliate and report upon any dispute
between an employer and a trade union, or, if no
trade union has been determined under this Act as
representing a majority of the employees concerned,
between an employer and any of his employees
affecting any terms or conditions of employment of
any employees of such employer or affecting or
relating to the relations between such employer and
all or any of his employees or relating to the inter-
pretation of any agreement or clause thereof between
an employer and a trade union.

Se. The Minister may make such regulations as he thinks Minister
fit in regard to the appointment of boards of con-{^|uiattons
ciliation and the chairman thereof by the nomination ^°^ board.
of the parties to the dispute or b\- himself, and for
the sittings, procedure and remuneration of such
boards and publication of the reports of such boards
with a view to the rapid disposition of an\- dispute.

109

Union m»y
•nUr Into
MffTMnitnt.

Cbvek-ofr.

T«nn of
acr««inent.

Termination

OfMTM-

m«nt.

Board may
dMlgnata
trad* union.

109

8/. Any trade union representing the majority of em-
ployees in any unit of employees may enter into an
agreement with an employer to refer a dispute or
disputes or a class of disputes to the Board and the
Board shall hear and determine any dispute referred
to it by either party in pursuance of such agreement
and the finding of the Board shall be final and con-
clusive and shall in regard to all matters within the
legislative jurisdiction of this Legislature be binding
upon the parties and enforceable as an order of the
Board made in accordance with the provisions of this
Act.

Bg. Upon the request in writing of any employee, and
upon request of a trade union representing the
majority of employees in any bargaining unit of his
employees, the employer shall deduct and pay in
periodic payments out of the wages due to such
employee, to the person designated by the trade union
to receive the same, the union dues of such employee
until such employee has withdrawn in writing such
request, and the employer shall furnish to such trade
union the names of the employees who have given or
withdrawn such authority and failure to make pay-
ments and furnish information required by this
section shall be an unfair labour practice.

Sh. — (1) Except as hereinafter provided, every collective
bargaining agreement, whether heretofore or here-
after entered into, shall notwithstanding anything
contained therein, remain in force for a period of one
year from its effective date and thereafter from year
to year.

(2) Either party to a collective bargaining agreement
may, not less than thirty days nor more than sixty
days before the expiry date of such agreement, give
notice in writing to the other party to terminate such
agreement or to negotiate a revision thereof, and
thereupon, subject to subsection 3, the parties shall
forthwith bargain collectively with a view to the
renewal or revision of such agreement or the con-
clusion of a new agreement.

(3) Any trade union claiming to represent a majority of
employees in the appropriate unit of employees or
any part thereof to which any collective bargaining
agreement applies may, not less than thirty davs nor
more than sixty days before the expiry date of such
agreement, apply to the Board for an order deter-
mining it to be the trade union representing a
majority of employees in the appropriate unit of
employees to which the agreement applies, or in

Section 5. Repeals certain sections of the Act dealing principally
with exemptions from the Act; finality of the Board's orders; and the
suspension of The Industrial Disputes Investigation Act.

Section 6.
this Act.

The Labour Relations Board Act, 1947, is superseded by

109

any part thereof, and if the Board makes such order
the employer shall forthwith bargain collectively
with such trade union and the former agreement
shall be of no force or effect in so far as it applies
to any unit of employees in which such trade union
has been determined as representing a majority of
employees.

8i. — (1) Upon the request of a trade union representing a Modified
majority of employees in any appropriate bargaining ""^°" shop,
unit, the following clause shall be included in any
collective bargaining agreement entered into between
the trade union and the employer concerned, and,
whether or not any collective bargaining agreement
is for the time being in force, such clause shall be
effective and its terms shall be carried out by the
employer with respect to the employees on and after
the date of the trade union's request until such time
as the employer is no longer required by or pursuant
to this Act to bargain collectively with such trade
union :

"Every employee who is now or hereafter
becomes a member of the union shall maintain his
membership in the union as a condition of his
employment, and every new emplo^^ee whose
employment commences hereafter shall, within
thirty days after the commencement of his em-
ployment, apply for and maintain membership in
the union as a condition of his emplo^^ment."

and the expression "the union" in the said clause
shall mean the trade union making such request.

(2) Subject to any law or any regulation applicable Offence,
thereto passed by authority of the Parliament of
Canada, failure on the part of any employer to carry
out the provisions of subsection 1 shall be an unfair
labour practice.

5. Sections 10, 11, 12 and 13 of The Labour Relations 5oarrfi944^c^29.

Act, 1944, are repealed. 12. 13.

repealed.

6. The Labour Relations Board Act, 1947, is repealed. repealed ^**

7. This Act shall come into force on a day to be named by Commence-
the Lieutenant-Governor by his Proclamation.

8. This Act may be cited as The Labour Relations Board Short title.
Amendment Act, 1948.

109

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The
Act,

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No. 110

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

The'Fumes Control Act, 1948.

Mr, Carlin

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note

The purpose of the Bill is to require every smelter which smelts or
roasts nickel-copper or iron ore to adopt and carry out a plan which com-
prises the best practicable means for controlling or preventing the discharge
of noxious or offensive gas or fumes, or, where discharged, to render them
harmless or inoffensive.

Application for apprroval of a plan is made to the Ontario Municipal
Board, notice thereof being given to all interested government departments
and municipalities.

110

No. 110 1948

BILL

- The Fumes Control Act, 1948.

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

1. In this Act, — interpreta-

tion,—

(a) "Board" shall mean Ontario Municipal Board; and"^'^^^'^'"'

(b) "smelter" shall mean an}- person, company or cor- "smelter",
poration carrying on an\' undertaking which includes

the smelting or roasting of nickel-copper or iron ore.

2. Everv smelter,' within three months after the coming into P^^n to
force of this Act, or within one month after commencing its fumes,
undertaking, shall prepare and submit to the Board an ap-
plication for approval of a plan to control or prevent the dis-
charge from the furnaces, chimneys or smokestacks, operated

by the smelter of any noxious or offensive gas or fumes or to
render such gas or fumes where discharged harmless or inof-
fensive.

3. Ever\- such application shall include evidence that the Evidence of

best oIqh

plan submitted represents the best practicable means for the
purpose in the circumstances.

4. The Board shall forward copies of ever}- such application Copies of
at the earliest possible date, by registered mail to the Minister Government,
of Mines, the Minister of Health, the Minister of Agriculture, pauTies.
the Minister of Planning and Development, and to the clerk

of every municipality within a radius of thirty miles of the
undertaking carried on by the smelter.

5. The Board shall fix a date for hearing the application, Hearing,
not less than two months nor more than four months after

the receipt thereof, and reasonable notice of such hearing and
of any adjournment thereof shall be given by the Board to
every Minister and the clerk of every municipality mentioned
in section 4, any of whom may appear by counsel or otherwise

110

and adduce evidence and make representations for or against
the plan submitted or any alternative plan,

6. The Board shall determine whether the plan submitted
or any modification or variation thereof represents the best
practicable means for the purpose in the circumstances, and
whether any other plan ought to be considered or adopted.

7. — (1) Not more than three months after hearing the ap-
I)Iication the Board shall make an order either approving the
application or a modification or variation thereof or an alterna-
tive plan and requiring the smelter to institute and maintain
such plan as may be approved by the Board.

omp ance. ^j) Xhe smelter shall, within three months from the date
of the order institute and maintain a plan in conformity
therewith.

Duty of
Board.

Ord«r of
Board.

Penalty.

Acta of .

offloari.

RCenta.

Racovery of
panaltlaa.

Rav. Stat,
o. 51 to
•PPly.

Short title.

8. Every smelter which erects, operates, maintains or car-
ries on any undertaking in violation of this Act or fails to
comply with any order of the Board, shall for each offence,
incur a penalty of $1,000, and each day's continuance of
such violation or failure to comply shall constitute a new and
distinct offence.

9. For the purpose of enforcing any penalty under any of
the provisions of this Act, of enforcing any order of the Board
made under this Act, the act, omission, or failure of any
officer, agent, or other person acting for or employed by the
smelter shall in every case be also deemed to be the act,
omission or failure of the smelter as well as that of the officer,
agent or other person,

10. The penalties imposed by this Act may be recovered
by action in the name of His Majesty by the Attorney General
for Ontario.

11. Nothing in this Act shall exclude the operation of anv
of the provisions of The Damage by Fumes Arbitration Act.

12. This Act may be cited as The Fumes Control Act, 1948.

110

C
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No. Ill

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An'Act to amendiThe Fire Departments Act, 1947.

Mr. Black well

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes
Section 1. Self-explanatory.

Section 2. This provision is new. It is self-explanatory.

Section 3. The subsection repealed reads:

(2) A provision of an agreement, decision or award involving the
expenditure of money by the council of the municipality shall not
be enforceable until the commencement of the next fiscal period
in respect of which the council may include provisions for such
expenditure in its estimates.

This matter wHI hereafter be found in section 9a of the Act. See section 4
of this Bill.

Sbction 4 — Section 9a. This provides for the commencement of
agreements, etc.

Ill

No. Ill 1948

BILL

An Act to amend The Fire Departments Act, 1947.

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

1. Subsection 1 of section 7 of The Fire Departments Act,c. 2,1,5.7,
1947, is amended by inserting after the word "requested" in|^|nded.
the third line the words "in writing", so that the said sub-
section shall now read as follows:

(1) Where in any municipality there is a permanent fire Bargaining,
department, the council of the municipality shall,
when requested in writing by a majority of the
members of the fire department, bargain in good faith
with a bargaining committee of the members for the
purpose of defining, determining and providing for
remuneration and working conditions.

2. Section 8 of The Fire Departments Act, 1947, is amended c. 37' s. 8,
by adding thereto the following subsection: amended.

(Zd) Where upon an arbitration, a majority of the Decision

1 r 1 1 1 r ,• • f -1 of board of

members 01 the board 01 arbitration tail to agree arbitration,
upon any matter, the decision of the chairman upon
such matter shall be deemed to be the decision of the
board of arbitration.

3. Subsection 2 of section 9 of The Fire Departments .4c/, ^^|^'g 9
1947, is repealed. subs.'2

' ^ repealed.

4. — (1) The Fire Departments Act, 1947, is amended byi947, c. 37.
adding thereto the following sections: amen

9a. — (1) An agreement, decision or award shall have Agreement,
effect upon the first day of the fiscal period in respect award, —
of which the council of the municipality may include have^effect.
provision in its estimates for any expenditures in-
curred in the agreement, decision or award, whether
such day is before or after the date of the agreement,

111

Idem.

Payment of
expendi-
tures.

Withholdinft
of provincial
grant.

decision or award, unless another day is named in the
agreement, decision or award in lieu thereof.

(2) Where, pursuant to subsection 1, another day is
named in an agreement, decision or award as the day
upon which the agreement, decision or award shall
have effect and such day is prior to the first day of
the fiscal period in respect of which the council of the
municipality may include provision in its estimates
for any expenditures involved in the agreement,
decision or award, any of the provisions involving
expenses shall, notwithstanding the naming of such
day, have effect from the first day of such fiscal period.

9b. — (1) Where a request in writing is made under sub-
section 1 of section 7 to the council of a municipality
after the 30th day of November in any year and
before the 1st day of December in the year next
following and no agreement, decision or award has
resulted therefrom at the time when the council is
passing its estimates in the year next following the
last -mentioned year, the council shall make adequate
provision for the payment of such expenditures as
may be involved in the request.

(2) Where the council of a municipality fails to comply
with the requirements of subsection 1, the Lieu-
tenant-Governor in Council may, —

Requeet by
union.

(a) upon being requested in writing by a majority
of the members of the fire department; and

(b) upon determining the fact of such failure and
so certifying in writing,

direct the withholding from the municipality of any
grant at any time payable out of provincial funds to
the municipality and the deposit of such a direction
with the Treasurer of Ontario shall be his authority
to withhold a grant accordingly.

(3) Where not less than fifty per centum of the members
of the fire department belong to a trade union, any
request made under subsection 2 shall be made by
the union.

ReTooatlon
of direction.

(4) Where a direction has been made under subsection 2,
the Lieutenant-Governor in Council may, upon
provision being made by the council of the munici-
pality for the making of the expenditures involved,
revoke such direction in whole or in part and subject

111

Section 9&.^This section is new. It is designed to expedite the com.
mencement of agreements, etc.

Ill

to any terms or conditions which he may deem
advisable.

(2) Section 9b of The Fire Departments Act, 1947, as enacted Application
by this section, shall apply in the case of every request in
writing made by the majority of the members of a fire depart-
ment or by a trade union whether the request was made
before or after the coming into force of this Act.

6. This Act shall come into force on the day upon which Commence-

, T-. 1 A J t^ ment of Act.

It receives the Royal Assent.

6. This Act may be cited as The Fire Departments Amend-^^^^^ *^*^®*
ment Act, 1948.

Ill

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No. Ill

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Fire Departments Act, 1947.

Mr. Blackwell

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. Ill 1948

BILL

An Act to amend The Fire Departments Act, 1947.

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

1. Subsection 1 of section 7 of The Fire Departments Act, c. 37'. s. 7.
1947, is amended by inserting after the word "requested" in|^|nded.
the third line the words "in writing", so that the said sub-
section shall now read as follows:

2. Section 8 of The Fire Departments Act, 1947, is amended \^Vj', s. 8.
by adding thereto the following subsection: amended.

{3a) Where upon an arbitration, a majorit}' of the Decision
members of the board of arbitration fail to agree arbitration.
upon any matter, the decision of the chairman upon
such matter shall be deemed to be the decision of the
board of arbitration,

3. Subsection 2 of section 9 of The Fire Departments Act,'^'^^' ^ g
1947, is repealed. subs.'2

' repealed.

4. — (1) The Fire Departments Act, 1947, is amended byi947, c. 37,
adding thereto the following sections: amen e

9a. — (1) An agreement, decision or award shall have Agreement,
effect upon the first day of the fiscal period in respect award. —
of which the council of the municipality may include Jave^ effect.
provision in its estimates for any expenditures in-
curred in the agreement, decision or award, whether
such day is before or after the date of the agreement,

111

Idem.

decision or award, unless another da>' is named in the
agreement, decision or award in lieu thereof.

Payment of
expendi-
tures.

WithholdinR
of provincial
grant.

Request by
union.

96. — (1) Where a request in writing is made under sub-
section 1 of section 7 to the council of a municipality
after the 30th day of November in any year and
before the 1st day of December in the year next
following and no agreement, decision or award has
resultetl therefrom at the time when the council is
passing its estimates in the year next following the
last-mentioned year, the council shall make adequate
provision for the payment of such expenditures as
may be involved in the request.

(2) Where the council of a municipality fails to comply
with the requirements of subsection 1, the Lieu-
tenant-Governor in Council may, —

(a) upon being requested in writing by a majority'
of the members of the fire department; and

(b) upon determining the fact of such failure and
so certifying in writing,

(3) Where not less than fifty per centum of the members
of the fire department belong to a trade union, any
request made under subsection 2 shall be made by
the union.

Revocation
of direction.

111

to any terms or conditions which he may deem
advisable.

5. This Act shall come into force on the day upon which Commence-

, _, , . J t^ ment of Act.

It receives the Koyal Assent.

6. This Act may be cited as The Fire Departments Amend- short title.
ment Act, 1948.

Ill

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No. 112

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Police Act, 1946.

Mr. Blackwell

TORONTO

Printed and Published bv Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes

Section 1. This section is added to ensure that improvement
districts are within the purview of the Act. No change in principle.

Section 2. The words deleted confuse the meaning of the provision*
There is no change in principle.

Section 3. Self-explanatory.

112

No. 112 1948

BILL

An Act to amend The Police Act, 1946.

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

1. Section 1 of The Police Act, 1946, is amended by adding i946. ^ ^
thereto the following subsection: amended.*

(2) Every improvement district shall for the purposes of ^^fj^PPj'^|_
this Act be deemed to be a township municipality ^?J^***is-
unless it is otherwise designated by the Ontario
Municipal Board.

2. Section 17 of The Police Act, 1946, is amended by striking 1946.
out the word "ensuing" and the word "and" in the fourth ame^iid^ed':'^'
line, so that the said section shall now read as follows:

17. The board shall, on or before the 1st day of March in submission
each year, prepare and submit to the council for its to council,
consideration and approval, its estimates of all
moneys required for the year to pay the remunera-
tion of the members of the police force and to
provide and pay for offices, arms, accoutrements,
clothing and other things for the accommodation,
use and maintenance of the force.

3. Subsection 1 of section 276 of The Police Act, 1946, asi946.

c 72 8 27b

enacted by section 10 of The Police Amendment Act, suhs.'i'
1947, is amended by inserting after the word "requested" inc. ri.'a. lO),
the fourth line the words "in writing", so that the said sub- ^™®'^**®**-
section shall now read as follows:

(1) Where one or more full-time members of a police Bargaining,
force are appointed by any municipality or board,
the council of the municipality or, where there is a
board, the board shall, when requested in writing
by a majority of the members of the police force,
bargain in good faith with a bargaining committee
of the members of the police force for the purpose

112

of defining, determining and providing for remunera-
tion and working conditions, except such working
conditions as may be governed by any regulations
made pursuant to this Act.

c*72! «. 27c 4- Section 27c of The Police Act, 1946, as enacted by section
^^%^'}' in» 10 of The Police Amendment Act, 1947, is amended by adding
amended. thereto the followmg subsection:

"^^board of ^^^^ Where upon an arbitration, a majority of the mem-

•rbitrstion. bers of the board of arbitration fail to agree upon

any matter, the decision of the chairman upon such

matter shall be deemed to be the decision of the board

of arbitration.

0*72*8. 27#. *• Subsection 2 of section lie of The Police Act, 1946, as

•"b«/2 enacted by section 10 of The Police Amendment Act, 1947,

o. 77.'«. 10). is repealed,
repealed. ^

1946, 0. 72. 6. — (1) The Police Act, 1946, is amended by adding thereto

amended. , , ,, .

the following sections:

a«reement. ^V- — (1) ^n agreement, decision or award shall have

decision effect upon the first day of the fiscal period in respect

of which the council of the municipality may include
provision in its estimates for any exp)enditures
incurred in the agreement, decision or award, whether
such day is before or after the date of the agreement,
decision or award, unless another day is named in
the agreement, decision or award in lieu thereof.

Idem, (2) Where, pursuant to subsection 1, another day is

named in an agreement, decision or award as the day
upon which the agreement, decision or award shall
have effect and such day is prior to the first day of
the fiscal period in respect of which the council of
the municipality may include provision in its
estimates for any expenditures involved in the
agreement, decision or award, any of the provisions
involving expenses shall, notwithstanding the nam-
ing of such day, have effect from the first day of such
fiscal period.

Provision

duu"*^"" 27g.— (1) Where a request in writing is made under

in'req^t. subsection 1 of section 7 to the council of a muni-

cipality after the 30th day of November in any
year and before the 1st day of December in the year
next following and no agreement, decision or award
has resulted therefrom at the time when the council
is passing its estimates in the year next following
the last-mentioned year, the council shall make ade-

112

Section 4. This provision is new. It is self-explanatory.

Section 5. The subsection repealed reads as follows:

(2) A provision of an agreement, decision or award involving the
expenditure of money by the council of the municipality shall
not be enforceable until the commencement of the next fiscal
period in respect of which the council may include provisions for
such expenditure in its estimates.

This matter will hereafter be found in section 27/ of the Act. See section 6
of this Bill.

Section 6 — Section 27/. This provides for the commencement of
agreements, etc.

Section 27g. This section is new. ' It is'^designed to expedite the
commencement of agreements, etc.

112

Sections 7, 8 and 9. Under the present Act, municipalities must pay
the cost of special police services rendered by the Provincial Police and
also the costs of investigations into police matters. These amendments
will enable municipalities to be relieved from payment of such costs.

112

quate provision for the payment of such expenditures
as may be involved in the request.

(2) Where the council of a municipality fails to comply Non-

with the requirements of subsection 1, the Lieu- wi^^subs.^i.
tenant-Governor in Council may, —

(a) upon being requested in writing by a majority
of the members of the police force; and

(b) upon determining the fact of such failure and

so certifying in writing,

(3) Where not less than fifty per centum of the members where

r, ... j,'^ .. members

ot the police torce belong to an association, any belong to
request made under subsection 2 shall be made by
the association.

(4) Where a direction has been made under subsection 2, ^®JP^^*'.°"

^ ' . , , ' 01 direction.

the Lieutenant-Governor in Council may, upon
provision being made by the council of the munici-
pality for the making of the expenditures involved,
revoke such direction in whole or in part and subject
to any terms or conditions which he may deem
advisable.

(2) Section 27? of The Police Act, 1946, as enacted by this Application

,,,,., f . -^. . of s. 21 g.

section, shall apply in the case of every request in writing
made by the majority of the members of a police force or by an
association whether the request was made before or after the
coming into force of this Act.

7. Subsection 1 of section 33 of The Police Act, 1946, as re- 1946.

.0. 72 s. 33

enacted by section 11 of The Police Amendment Act, 1947, is subs.' i'
amended by inserting after the word "and" in the seventh lincc. 77. 's. ii),
the words "unless the Attorney General otherwise directs", go ^™®'^'^®'^"
that the said subsection shall now read as follows:

(1) The Crown attorney may request the services of a Expenses of
member of the Ontario Provincial Police Force in Provincial
any area for the policing of which a municipality or Force, —
board is responsible and the expenses of any member abie'by^^"
of such Force furnished in compliance with the '"""'^'p^''*^-

request shall be certified by the Crown attorney or
the Commissioner and, unless the Attorney General

112

otherwise directs, the amount so certified shall be
paid by the municipality to the Treasurer of Ontario
and may be deducted from any grant payable out of
provincial funds to the municipality or recovered
with costs by action in any court of competent
jurisdiction as a debt due to His Majesty.

1946. 8. Subsection 2 of section 33a of The Police Act, J 946, as

iiub«.'2' ' enacted by section 12 of The Police Amendment Act, 1947,
o!??. V 12). is amended by inserting after the word "and" in the fourth
amended. jj^^ ^^^ words "unless the Attorney General otherwise
directs", so that the said subsection shall now read as follows:

BxpenMa,— (2) Where such assistance is provided in an area for the

policing of which the board or municipality is
responsible, the expense incurred shall be certified
by the Commission and, unless the Attorney General
otherwise directs, the amount certified shall be paid
by the municipality to the Treasurer of Ontario and
may be deducted from any grant payable out of
provincial funds to the municipality or recovered
with costs by action in any court of competent
jurisdiction as a debt due to His Majesty.

cfrl". e. 36, ®- Glause a of subsection 1 of section 36 of The Police Act,

amended.'' "' ^^^6, is amended by inserting after the word "municipality"

in the second line the words "unless the Attorney General

otherwise directs", so that the said clause shall now read as

follows:

(a) at the request of the council of any municipality,
in which case the municipality, unless the Attorney-
General otherwise directs, shall pay the cost of such
investigation; or

of?*'. 8. 48. *^- Clause g of subsection 1 of section 43 of The Police
Si'.'^.Ah ^^^' ^^'^^' '^ repealed and the following substituted therefor:
enacted.

(g) prescribing courses of training for constables, chief
constables and other members of police forces.

S«nt"TAct. . ^^' J^'s Act shall come into force on the day upon which
it receives the Royal Assent.

Short title. 12. This Act may be cited as The Police Amendment Act,
1948.

112

Section 10. The clause is re-enacted so that it may be made appli-
cable to all members of police forces. The reference to high constables is
deleted as there is no longer provision for the appointment of high con-
stables.

112

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No. 112

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Police Act, 1946.

Mr. Black well

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 112 1948

BILL

An Act to amend The Police Act, 1946.

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

1. Section 1 of The Police Act, 1946, is amended by adding i946. ^ ^
thereto the following subsection: amended.

(2) Every improvement district shall for the purposes of ^^ij^^^ovl.
this Act be deemed to be a township municipality ^fjj.**^^^"
unless it is otherwise designated by the Ontario
Municipal Board.

2. Section 17 of The Police Act, 1946, is amended by striking i946,
out the word "ensuing" and the word "and" in the fourth amended,
line, so that the said section shall now read as follows:

17. The board shall, on or before the 1st day of March in ^y^fV/i^^^L

■^ 01 ©S 1 1 ill 3, LC3

each year, prepare and submit to the council for its to council,
consideration and approval, its estimates of all
moneys required for the year to pay the remunera-
tion of the members of the police force and to
provide and pay for offices, arms, accoutrements,
clothing and other things for the accommodation,
use and maintenance of the force.

3. Subsection 1 of section 276 of The Police Act, 1946, asi946. ^ ^^^
enacted by section 10 of The Police Amendment Act,s\ihs'. i

. . . (1947

1947, is amended by inserting after the word "requested" in c. 77,'s. lO).
the fourth line the words "in writing", so that the said sub- ''"'®"'^®'*-
section shall now read as follows:

112

of (lehning, determininp: and providing for remunera-
tion and working conditions, except such working
conditions as may be governed by any regulations
made pursuant to this Act.

l?72\ >. 27c *• Section 27c of The Police Act, 1946, as enacted by section
<^%'^'. in» 10 of The Police Amendment Act, 1947, is amended by adding

O. 77. ■. lU;, ,

amended. thereto the followmg subsection:

^f*Sard of ^^^^ Where upon an arbitration, a majority of the mem-

Brbitration. beis of the board of arbitration fail to agree upon

any matter, the decision of the chairman upon such

matter shall be deemed to be the decision of the board

of arbitration.

i.®?!: ... 27.. *• Subsection 2 of section 27e of The Police Act, 1946, as
«ub»^2" * enacted by section 10 of The Police Amendment Act, 1947,

0. 77.'b. 10). is repealed.

repealed. "^

1946. c. 72. 6. — (1) The Police Act, 1946, is amended bv adding thereto
amended. , , „ .

the following sections:

Effect^of^^ 27/. — (1) An agreement, decision or award shall have

decision " effect upon the first day of the fiscal period in respect

of which the council of the municipality ma\- include
provision in its estimates for any expenditures
incurred in the agreement, decision or award, whether
such day is before or after the date of the agreement,
decision or award, unless another day is named in
the agreement, decision or award in lieu thereof.

Idem. (2) Where, pursuant to subsection 1, another day is

named in an agreement, decision or award as the day
upon which the agreement, decision or award shall
have effect and such day is prior to the first da\' of
the fiscal period in respect of which the council of
the municipality may include provision in its
estimates for any expenditures involved in the
agreement, decision or award, any of the provisions
involving expenses shall, notwithstanding the nam-
ing of such day, have effect from the first day of such
fiscal period.

Provlnlon

ditur©'**"" ^^^ — ^^^ Where a request in writing is made under

Involved subsection 1 of section 276 to the council of a muni-

In request. • !• t , ^^ , , <• -..t

cipahty after the 30th day of November in any

year and before the 1st day of December in the year
next following and no agreement, decision or award
has resulted therefrom at the time when the council
is passing its estimates in the year next following
the last -mentioned year, the council shall make ade-

112

quate provision for the payment of such expenditures
as may be involved in the request.

(2) Where the council of a municipality fails to comply Non-

with the requirements of subsection 1, the Lieu- C^^i^'^subs.^i.
tenant-Governor in Council may, —

(a) upon being requested in writing by a majority
of the members of the police force; and

(b) upon determining the fact of such failure and

so certifying in writing,

(3) Where not less than fift\' per centum of the members Where
of the police "force belong to an association, any belong to
request made under subsection 2 shall be made by

the association.

(4) Where a direction has been made under subsection 2, ^®JP^^t-*^'"

^ ' _ , , '01 direction.

(2) Section 27? of The Police Act, 1946, as enacted bv this Application

. ,,,.-, r . ■ . . of S. 27g.

section, shall apply m the case oi every request m wntmg
made by the majority of the members of a police force or by an
association whether the request was made before or after the
coming into force of this Act.

7. Subsection 1 of section 33) of The Police Act, 1946, as re- 1946.

. c. 72 s. 33

enacted by section 11 of The Police Amendment Act, 1947, issiibs.'i'
amended by inserting after the word "and" in the seventh lincc. 77, 's. id,
the words "unless the Attorney General otherwise directs", go amended,
that the said subsection shall now read as follow^s:

(1) The Crown attorney may request the services of a Expenses of
member of the Ontario Provincial Police Force in Provincial
any area for the policing of which a municipality or Forc^e, —
board is responsible and the expenses of any member abil'by^^'
of such Force furnished in compliance with the "^""'^'P''*''*^-
request shall be certified by the Crown attorney or
the Commissioner and, unless the Attorney General

112

0*72' « 83« ®" Subsection 2 of section 33a of The Police Act, 1946, as
MitM-'a' ' enacted by section 12 of The Police Amendment Act, 1947,
o. 77.V 12). is amended by inserting after the word "and" in the fourth
•iMnded. j.^^ ^^^ words "unless the Attorney General otherwise
directs", so that the said subsection shall now read as follows:

£w*^ya'biie. (2) Where such assistance is provided in an area for the
policing of which the board or municipality is
responsible, the expense incurred shall be certified by
the Commissioner and, unless the Attorney General
otherwise directs, the amount certified shall be paid
by the municipality to the Treasurer of Ontario and
may be deducted from any grant payable out of
provincial funds to the municipality or recovered
with costs by action in any court of competent
jurisdiction as a debt due to His Majesty.

o. 12. n. 86. ®- Glause a of subsection 1 of section 36 of The Police Act,

SSsndi*?.'* "' ^^^^^ 's amended by inserting after the word "municipality"

in the second line the words "unless the Attorney General

otherwise directs", so that the said clause shall now read as

follows:

(a) at the request of the council of any municipality,
in which case the municipality, unless the Attorney
General otherwise directs, shall pay the cost of such
investigation ; or

cf72:».43. *®- ^^'ause g of subsection 1 of section 43 of The Police
lu^Hik. ' ^^^' ^^"^^^ '^ repealed and the following substituted therefor:
eaaoUd.

(g) prescribing courses of training for constables, chief
constables and other members of police forces.

SMtTAct. . **• ''^'"s Act shall come into force on the day upon which
it receives the Royal Assent.

Short title. 12. This Act may be cited as The Police Amendment Act,
1948.

112

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No. 113

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Athletics Control Act, 1947.

Mr. Frost

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes

Section 1. The name of the Fund established under The Athletics
Control Act, 1947, is changed from the Physical Fitness and Recreation
Fund to Athletics and Physical Education Fund to bring the Act into line
with changes in the regulations under The Department oj Education Act
wherein the expression "physical fitness" is no longer used (see Bill No. 83).

Section 2 — Subsection 1. This amendment authorizes the Minister
to accept such amount as he sees fit in lieu of the percentage tax payable
under subsection 1 of section 4 of the Act, where the entire proceeds of a
professional contest or exhibition are for charitable purposes.

Subsection 2. This amendment authorizes the Minister to refund
part of the tax heretofore paid if he is satisfied that the contest or exhibition
was conducted for charitable purposes.

Section 3. This amendment is complementary to section 1 of the
Bill.

113

No. 113 1948

BILL

An Act to amend The Athletics Control Act, 1947.

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

1. Clause h of section 1 of The Athletics Control Act, 1947, 1947.
is amended by striking out the words "Physical Fitness andci.1>'. ^' ^*
Recreation Fund" in the first and second lines and inserting ^'^®"*^®^-
in lieu thereof the words "Athletics and Physical Educa-
tion Fund", so that the said clause shall now read as follows:

{b) "Fund" shall mean the "Athletics and Physical "Fund";
Education Fund" established under this Act.

2. — (1) Section 4 of The Athletics Control Act, 1947, is 1947,
amended by adding thereto the following subsection: amended.

{2a) If the Minister is satisfied that the entire proceeds Reduction
of any professional contest or exhibition are for ^^ **^'
charitable purposes, he may accept such amount as
in the circumstances he deems proper in lieu of the
percentage of the gross receipts payable under
subsection 1.

(2) The Minister may refund such part as in the circum- Refund of
stances he deems proper of any amount heretofore paid under fore paid. "
subsection 1 of section 4 of The Athletics Control Act, 1947,
if he is satisfied that the professional contest or exhibition,
in respect of which the amount was paid, was conducted for
charitable purposes.

3. Section 8 of The Athletics Control Act, 1947, is repealed 1947.
and the following substituted therefor: re-enacted.

8. There shall be a fund to be known as the "Athletics Athletics .
and Physical Education Fund" and there shall be Eduoati^n^^
kept on the books of the Minister an account to be^"""*'
known as the "Athletics and Physical Education
Fund Account."

113

1947.
o. 4, 8. 10,
■ubc. 1.
•mended.

4^ — (I) Subsection 1 of section 10 of The Athletics Control
Act, 1947, is amended by striking out the words "the preced-
ing" in the second and third lines and inserting in lieu thereof
the word "such", so that the said subsection shall now read
as follows:

Relmbune-
ment of
Coneolldated
Revenue
Fund.

(1) At the end of each fiscal year, the Minister shall fix
the amount of all expenditures incurred during such
fiscal year for the administration of this Act and shall
pay such amount out of the Fund into the Consoli-
dated Revenue Fund.

1947.
c. 4. ». 10.
•Ub6. 2.
re-enacted .

(2) Subsection 2 of the said section 10 is repealed and the
following substituted therefor:

Expenditures
for athletics
and physical
•duoation.

Rev. Stat.,
c. 356.

1947. C.4.
n. 14. subs. 2,
amended.

(2) From time to time, the Minister, upon the recom-
mendation of the Minister of Education, may expend
the balance of the Fund or any part thereof for the
purposes of any programme of athletics or physical
education, including recreation for crippled persons
under 19 years of age, under regulations made
pursuant to subsection 2 of section 4 of The Depart-
ment of Education Act.

5. Subsection 2 of section 14 of The Athletics Control Act,
1947, is amended by adding at the end thereof the words "and
such part thereof as consists of money and securities shall be
credited to and form part of the Fund", so that the said sub-
section shall now read as follows:

p^rt*y of (2) All personal property of the Ontario Athletic Com-

Athfe'ti'o mission apf)pinted under The Athletic Commission

Commission. Act, 1939, shall be the property of His Majesty in

right of Ontario represented by the Minister, and

such part thereof as consists of money and securities

shall be credited to and form part of the Fund.

Se^ToTAc't. ^\ ^^^^ A^t s^^'^ come into force on the day upon which it
receives the Royal Assent.

Short title. >j Thjs ^^^ j^^y ^^ ^j^gj ^g j,^^ Athletics Control Amend-
ment Act, 1948.

113

Section 4 — Subsection 1. This amendment is for clarification only.

Subsection 2. This amendment is complementary to section 1 of
the Bill, and in addition makes it clear that the Fund may be utilized for
recreation for crippled persons under 19 years of age.

Section 5. The possession of the money and securities assets of the
Ontario Athletic Commission appointed under The Athletic Commission
Act, 1939, is clarified.

113

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No. 113

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amendiThe Athletics Control Act, 1947.

Mr. Frost

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 113 1948

BILL

An Act to amend The Athletics Control Act, 1947.

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

1. Clause b of section 1 of The Athletics Control Act, 1947, 1947,
is amended by striking out the words "Physical Fitness andci. 6, ^' '
Recreation Fund" in the first and second lines and inserting ^"^®'^^®'^"
in lieu thereof the words "Athletics and Physical Educa-
tion Fund", so that the said clause shall now read as follows:

(b) "Fund" shall mean the "Athletics and Physical "Fund";
Education Fund" established under this Act.

2.-^(1) Section 4 of The Athletics Control Act, 1947, is 1947.
amended by adding thereto the following subsection: amended.

(2a) If the Minister is satisfied that the entire proceeds Reduction
of any professional contest or exhibition are for°^*^^'
charitable purposes, he may accept such amount as
in the circumstances he deems proper in lieu of the
percentage of the gross receipts payable under
subsection 1.

(2) The Minister may refund such part as in the circum- Refund of
stances he deems proper of any amount heretofore paid under fo?e pafd.*''
subsection 1 of section 4 of The Athletics Control Act, 1947 ,
if he is satisfied that the professional contest or exhibition,
in respect of which the amount was paid, was conducted for
charitable purposes.

3. Section 8 of The Athletics Control Act, 1947, is repealed 1947,
and the following substituted therefor: re-enacted.

8. There shall be a fund to be known as the "Athletics Athletics
and Physical Education Fund" and there shall be Educati^n"^'
kept on the books of the Minister an account to be^""'^'
known as the "Athletics and Physical Education
Fund Account."

113

1947.

c. 4. a. 10.

•ub«. 1.

amended.

4. — (1) Subsection 1 of section 10 of The Athletics Control
Act, 1947, is amended by striking out the words "the preced-
ing" in the second and third lines and inserting in lieu thereof
the word "such", so that the said subsection shall now read
as follows:

Relmburae-
inent of
ConHolldated
Revenue
Fund.

(I) At the end of each fiscal year, the Minister shall fix
the amount of all expenditures incurred during such
fiscal year for the administration of this Act and shall
pay such amount out of the Fund into the Consoli-
dated Revenue Fund.

1047.
c. 4. 8. 10,
■ub«. 2.
re-enacted.

(2) vSubsection 2 of the said section 10 is repealed and the
following substituted therefor:

Ezpenditurea
for athletics
and physical
education.

Rev. Stat.,
c. 3&6.

*. M.'siibs. 2. 5. Subsection 2 of section 14 of The Athletics Control Act,
amended. yp^;^ jg amended by adding at the end thereof the words "and
such part thereof as consists of money and securities shall be
credited to and form part of the Fund", so that the said sub-
section shall now read as follows:

p*o"e?ty of (2) All personal property of the Ontario Athletic Com-

Mhfeu" mission appointed under The Athletic Commission

Commission. Act, 1939, shall be the property of His Majesty in

right of Ontario represented by the Minister, and

such part thereof as consists of money and securities

shall be credited to and form part of the Fund.

mentTAc't. ^. "^^'^ ^^^ shall come into force on the day upon which it
receives the Royal Assent.

Short title. 7^ This Act may be cited as The Athletics Control Amend-
ment Act, 1948.

113

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No. 114

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act respecting the Research Council of Ontario.

Mr. Michener

TORONTO

Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty

Explanatory Note.

In August, 1945, the Ontario Research Commission was appointed
under The Public Inquiries Act to inquire into and report upon all matters
concerned with scientific and industrial research as they affect the Province
of Ontario.

In December, 1946, the Commission submitted a progress report
(Sessional Paper No. 47, 1947).

The final report of the Commission was made in January of this year
(Sessional Paper No. 42, 1948).

This Bill provides for the carrying out of the recommendation of the
Commission by the establishment of the Research Council of Ontario.

Provision is made in the Bill for financing the work of the Council.

114

No. 114 1948

BILL

An Act respecting'the Research Council of Ontario.

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

1. In this Act,- JatfoT-

(a) "Council" means Research Council of Ontario; "Council"

(b) "Minister" means the member of the Executive "Minister*

Council to whom the administration of this Act is
assigned by the Lieutenant-Governor in Council.

2. There shall be a body corporate to be known as the Council, —
Research Council of Ontario composed of not more than twelve ment;
members appointed by the Lieutenant-Governor in Council,

and having for its object the betterment of industrial, agricul-
tural and other research and scientific activity in Ontario as a
means to the utilization of the resources of the Province.

3. Each member of the Council shall be appointed for a^j?j^^®/^~
term of three years from the date of his appointment, except ^Jjoi"^*-
that of the first appointments not more than four members

may be appointed for four years and not more than four
members for five years, so as to establish a system of retire-
ment in rotation, and a member shall be eligible for re-
appointment for one additional term of three years.

4. Upon a vacancy occurring in the membership of the vacancies.
Council the Lieutenant-Governor in Council may appoint a
person to fill the vacancy and such appointment shall be for

the remainder of the term for which his predecessor was
appointed.

5. — (1) The Lieutenant-Governor in Council may name ^^^sident.
one of the members to be president of the Council for a period
not exceeding the term of his appointment as a member.

114

Vic«-
prMident.

Vacancy In
office or
president.

Executive
oommittee.

(2) There shall be a vice-president elected annually by the
Council from among its members.

(3) When the office of president is vacant, or in the absence
of the president, the vice-president shall act as president.

(4) There shall be an executive committee consisting of the
president and vice-president ex officio and three members
electe<l annually by the Council from among its members,
which shall have, when the Council is not in session, such
powers of the Council as the Council delegates to the execu-
tive committee.

Remunera- Q No member of the Council or of any committee thereof

won and .... .

•zpenees. shall receive any remuneration for his services, but each mem-
ber shall be paid his proper travelling and other expenses
incurred in the work of the Council or the committee thereof.

Quorum.

7. At any meeting of the Council five members shall consti-
tute a quorum.

Majority. 8. A majority vote of the members present at any meeting

of the Council shall determine any question.

Power of
Council.

Rev. Stat.
0. 19.

0. The council shall have power, —

(a) to take over and continue as the Council may deter-
mine, the activities, staff and advisory committees
of the Ontario Research Commission, a commission
appointed under The Public Inquiries Act;

(b) to inquire into industrial, agricultural and other
research and scientific activity in, or affecting the
material development of, Ontario;

in the several fields of industrial, agricultural and
other research and scientific activity, and such other
committees as the Council deems advisable;

(d) to advise the Lieutenant-Governor in Council with
respect to such industrial, agricultural and other
research and scientific activity and, without limiting
the generality of the foregoing, with respect to
research workers and scientists, facilities for research
and scientific investigation, research organizations
and agencies, research projects and programmes
whether fundamental or applied, the integration and
co-ordination of industrial, agricultural and other
research and scientific activity, co-operation as
between public and private, provincial and extra-

114

provincial agencies, and the use of public funds in
the encouragement and carrying out of such research
and activity;

(e) to arrange for others to carry out such specific or
general research programmes as may be authorized
by the Lieutenant-Governor in Council, and to
supervise the same;

(/) to publish and disseminate scientific and technical
information ;

(g) to establish and administer scholarships to assist in
the training of research and scientific workers:

(h) to receive property, real or personal, or funds given
to the Council for specific or general research pur-
poses and to administer the same;

(i) subject to the approval of the Lieutenant-Governor
in Council, to apply for or acquire patents of inven-
tion or interests therein, and to dispose thereof;

(j) to make by-laws for the conduct of its business and
for the control and direction of its work;

(k) to do all such other things connected with industrial,
agricultural and other research and scientific activity
as may from time to time be authorized or directed
by the Lieutenant-Governor in Council.

10. There shall be paid out of the Consolidated Revenue Finances.
Fund such sums as the Lieutenant-Governor in Council may
authorize, for the following purposes:

(a) the administrative expenses of the Council;

(b) the establishment and awarding of scholarships to
assist in the training of research and scientific
workers; and

agricultural and other research projects and activities
as are recommended by the Council and are under-
taken by industrial, agricultural or other organiza-
tions or groups on a basis on which the contribution
from the Consolidated Revenue Fund does not
exceed fifty per centum of the cost of the project or
activity.

11. — (1) The Council shall submit to the Minister on or Annual

report ;

114

before the 30th day of April in each year an annual report
containing a financial statement, a description of the work of
the Council for the previous fiscal year and such other informa-
tion as the Minister may request.

(2) The Minister shall lay such report before the Assembly [o be laid
if it is then in session, or if it is not, at the next ensuing session. Assembly.

12. — (1) The accounts of the Council shall be audited by Audit.
the Provincial Auditor or by such other auditor as the Lieu-
tenant-Governor in Council may appoint, and the Auditor
shall make an annual report in respect of the preceding fiscal
year to the Minister.

(2) The Minister shall lay such report before the Assembly Auditor's
if it is then in session, or if it is not, at the next ensuing session, flid^'before*

Assembly.

13. This Act shall come into force on the 1st day of April, Commence-

jgjo * 'mentofAct.

14. This Act may be cited as The Research Council .<4c/, short title.
1948.

114

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No. 114

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act respecting the Research Council of Ontario.

Mr. Michener

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 114 1948

BILL

An Act respecting the Research Council of Ontario.

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

1. In this Act,- J°tS!l-

(a) "Council" means Research Council of Ontario; "Council";

(b) "Minister" means the member of the Executive "Minister"

Council to whom the administration of this Act is
assigned by the Lieutenant-Governor in Council.

2. There shall be a body corporate to be known as the *^ ♦"uv^""
Research Council of Ontario composed of not more than twelve ment;
members appointed by the Lieutenant-Governor in Council,

and having for its object the betterment of industrial, agricul-
tural and other research and scientific activity in Ontario as a
means to the utilization of the resources of the Province.

3. Each member of the Council shall be appointed for a^rm^o®/^"
term of three years from the date of his appointment, except ^^Poi^^*-
that of the first appointments not more than four members

4. Upon a vacancy occurring in the membership of the vacancies.
Council the Lieutenant-Governor in Council may appoint a
person to fill the vacancy and such appointment shall be for

the remainder of the term for which his predecessor was
appointed.

3. — (1) The Lieutenant-Governor in Council may name^^^^^^®'^*-
one of the members to be president of the Council for a period
not exceeding the term of his appointment as a member.

114

VIM-

prealdent.

Vaoano/ In
offlce of
prestdent.

Executive
committee.

(2) There shall be a vice-president elected annually by the
Council from among its members.

(3) When the office of president is vacant, or in the absence
of the president, the vice-president shall act as president. ^

(4) There shall be an executive committee consisting of the
president and vice-president ex officio and three members
elected annually by the Council from among its members,
which shall have, when the Council is not in session, such
powers of the Council as the Council delegates to the execu-
tive committee.

Remunera- g. No member of the Council or of any committee thereof
expensee. shall receive any remuneration for his services, but each mem-
ber shall be paid his proper travelling and other expenses
incurred in the work of the Council or the committee thereof.

Quorum.

Majority.

7. At any meeting of the Council five members shall consti-
tute a quorum.

8. A majority vote of the members present at any meeting
of the Council shall determine any question.

Power of
Council.

Rev. Stat,
c. 19.

O. The council shall have power, —

(a) to take over and continue as the Council may deter-
mine, the activities, staff and advisory committees
of the Ontario Research Commission, a commission
appointed under The Public Inquiries Act;

(6) to inquire into industrial, agricultural and other
research and scientific activity in, or affecting the
material development of, Ontario;

(f ) to organize and maintain advisory or other committees
in the several fields oT industrial, agricultural and
other research and scientific activity-, and such other
committees as the Council deems advisable;

to advise the Lieutenant-Governor in Council with
respect to such industrial, agricultural and other
research and scientific activity and, without limiting
the generality of the foregoing, with respect to
research workers and scientists, facilities for research
and scientific investigation, research organizations
and agencies, research projects and programmes
whether fundamental or applied, the integration and
co-ordination of industrial, agricultural and other
research and scientific activity, co-operation as
between public and private, provincial and extra-

114

provincial agencies, and the use of public funds in
the encouragement and carrying out of such research
and activity;

(e) to arrange for others to carry out such specific or
general research programmes as may be authorized
by the Lieutenant-Governor in Council, and to
supervise the same;

(/) to publish and disseminate scientific and technical
information ;

(g) to establish and administer scholarships to assist in
the training of research and scientific workers;

(h) to receive property, real or personal, or funds given
to the Council for specific or general research pur-
poses and to administer the same;

(i) subject to the approval of the Lieutenant-Governor
in Council, to apply for or acquire patents of inven-
tion or interests therein, and to dispose thereof;

(j) to make by-laws for the conduct of its business and
for the control and direction of its work;

10. There shall be paid out of the Consolidated Revenue Finanoee.
Fund such sums as the Lieutenant-Governor in Council may
authorize, for the following purposes:

(a) the administrative expenses of the Council;

(b) the establishment and awarding of scholarships to
assist in the training of research and scientific
workers; and

11. — (1) The Council shall submit to the Minister on or Annual

^ ^ report ;

114

l>efore the 30th day of April in each year an annual report
containing a financial statement, a description of the work of
the Council for the previous fiscal year and such other informa-
tion as the Minister may request.

(2) The Minister shall lay such report before the Assembly to be laid
if it is then in session, or if it is not, at the next ensuing session. Assembly.

12. — (1) The accounts of the Council shall be audited by Audit,
the Provincial Auditor or by such other auditor as the Lieu-
tenant-Governor in Council may appoint, and the Auditor
shall make an annual report in respect of the preceding fiscal
year to the Minister.

(2) The Minister shall lay such report before the Assembly Auditor's
if it is then in session, or if it is not, at the next ensuing session. [aui°before*

Assembly.

13. This Act shall come into force on the 1st day of Aoril. Commence-
*QAo 'mentofAot.

14. This Act may be cited as The Research Council Act, short title.
1948.

114

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No. 115

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Natural Gas Conservation Act,

Mr. Frost

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note

With the gradual depletion of natural gas fields and pools distributing
companies now find it necessary to make arrangements to import gas and
store it in depleted or partially depleted gas pools and fields. Before a
company can undertake the storage of gas suitable gas areas must be
under its control. However, within suitable storage areas there may be
small producing wells owned and operated by other persons or leases
held by other persons, either of which could result in the withdrawal of
gas which has been placed in storage. In order to overcome these obstacles
and make additional supplies of gas available to consumers during the
heating season the Minister may designate storage areas and control the
drilling and operation of gas wells therein.

115

No. 115 1948

BILL

An Act to amend The Natural Gas Conservation

Act.

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

1. Section 4 of The Natural Gas Conservation Act is amended ^®y- stat.,

C. 49 8 4

by adding thereto the following clause: amended.'

{Jj) the designation of any area as a gas storage area and
the prohibition therein of the drilling or operating of
natural gas wells without his written consent.

2. This Act may be cited as The Natural Gas Conservation short title.
Amendment Act, 1948.

115

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No. 115

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Natural Gas Conservation Act.

Mr. Frost

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 115 1948

BILL

An Act to amend The Natural Gas Conservation

Act.

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

1. Section 4 of The Natural Gas Conservation Act is amended ^^49,^*^4."
by adding thereto the following clause: amended.

{fj) the designation of any area as a gas storage area and
the prohibition therein of the drilling or operating of
natural gas wells without his Written consent.

2. This Act may be cited as The Natural Gas Conservation ^^^"^^ *^*^®-
Amendment Act, 1948.

115

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No. 116

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Highway Traffic Act.

Mr. Doucett

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes

Section 1. The definition by reference will ensure that the defini-
tions in the two Acts will coincide.

Section 2. In order to curb improper practices in connection with
permits and licenses these provisions are strengthened.

In the case of an illegal permit the penalty is increased by providing
for the confiscation of the motor vehicle.

Section 3. This provision, which is';new, will avoid the present
duplication.

116

No. 116 1948

BILL

An Act to amend The Highway Traffic Act.

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

1. Clause m of subsection 1 of section 1 of The Highway ^^^■^^^^■'
Traffic Act is repealed and the following substituted therefor: siibs. i. '

-^ cl. m, re-

enacted.

(w) "Public vehicle" shall have the same meaning as in "Public
The Public Vehicle Act. V^'""^^','',

Rev. Stat.,
c. 289.

2. Subsections 2 and 3 of section 23 of The Highway TraffiCRev. stat..
Act are repealed and the following substituted therefor: subss.'2^.'3. *

re-enacted.

(2) Every person whose permit has been suspended or unlawful
cancelled and who, while prohibited from having a of permit,
motor vehicle registered in his name, applies for or
procures the issue to him or has in his possession a
permit issued to him, shall be guilty of an offence

and liable to a penalty of not less than $25 and not
more than $100 and to imprisonment for any term
not exceeding thirty days, and in addition the motor
vehicle for which the permit was issued shall be for-
feited to His Majesty in right of Ontario.

(3) Every person whose license has been suspended or unlawful
cancelled and who while prohibited from driving aofffcense?
motor vehicle, applies for or procures the issue to

him or has in his possession a license, shall be guilty
of an offence and liable to a penalty of not less than
$25 and not more than $100 and to imprisonment
for any term not exceeding thirty days.

3. Section 84 of The Highway Traffic Act is amended by Rev. stat..
adding thereto the following subsection : ame^nded ^*'

(3a) An owner of a motor vehicle to whom this Part Owners of
applies who holds a license in respect of such vehicle vehicles
under The Public Vehicle Act or The Commercial lommfsrcl&i

vehicles.

116

Rev. Stat,. Vehicle Act and who has on file in the Department a

***■ • ' certificate of insurance in good standing shall not be

required to give proof of financial responsibility under
this Part in respect of such vehicle.

jfv. Stat.. 4. Subsection 1 of section 92 of The Highivay Traffic Act,

Mb"i.'' ^^* as amended by section 13 of The Highway Traffic Amendment

amended. ^^^^ ^^^^ ^^^ section 17 of The Highway Traffic Amendment

Act, 1941, is further amended by striking out the words,

symbol and figures "in excess of $25" in the thirteenth line,

so that the said subsection shall now read as follows:

Cancella-
tion and
return of
security.

(1) The Minister may waive the requirement of filing
proof of financial responsibility or may cancel any
bond or return any certificate of insurance, or the
Treasurer may, at the request of the Minister, return
any money or securities deposited pursuant to this
Part as proof of financial responsibility at any time
after two years from the date upon which such proof
was required to be given, provided that the owner
or driver on whose behalf such proof was given has
not, during the said period, or any two-year period
immediately preceding the request, been convicted
of an offence mentioned in section 78, and provided
that no action for damages is pending and no judg-
ment is outstanding and unsatisfied in respect of
personal injury or damage to property resulting from
the operation of a motor vehicle, and a statutory
declaration of the applicant under this section shall
be sufficient evidence of the facts in the absence of
evidence to the contrary in the records of the
Registrar.

?2Mfi*936. «.— (1) Subsection 1 of section 93& of The Highway Traffic
a947.^ -^^^ ^^ enacted by subsection 1 of section 16 of The Highway

siibs'i)^^' ^^^ffi^ Amendment Act, 1947, is amended by adding at the
amended. commencement thereof the words "Subject to section 93bb,"
so that the said subsection shall now read as follows:

Order
directing
payment of
amount of
Judgment.

(1) Subject to section 93bb, where any person recovers
in any court in Ontario a judgment for damages on
account of injury to, or the death of any person or
damage to property occasioned by a motor vehicle
owned or operated by the judgment debtor within
Ontario, upon the determination of all proceedings
including appeals and upon notice to the Minister,
such judgment creditor may apply by way of
originating notice to a judge of the Supreme Court
for an order directing payment of the amount of
the judgment or the unsatisfied portion thereof out
of the Fund.

116

Section 4. The deletion is made in order to conform with amend-
ments made last year under which judgments of any amount must be
satisfied.

Section 5 — Subsection 1. This amendment is complementary to the
new section 93bb enacted by section 6 of this Bill.

116

Subsection 2. Section 93b provides for the payment out of the Unsatis-
fied Judgment Fund of the amount of an unsatisfied judgment. Subsection
2 prescrilK's the requirements which shall be complied with upon an applica-
tion to the court for payment out. Included in the requirements are the
issue of a writ of execution against the judgment debtor and a return by
the sheriff; an examination of the judgment debtor, and other searches and
inquiries. Sometimes it is impossible to comply with one or more of the
requirements owing to the judgment creditor's inability to locate the
judgment debtor or the judgment debtor being beyond the jurisdiction.
The provis<j vests power in the court to carry out the principle of the section
in these situations where it is satisfied that the creditor has taken all
reasonable steps to recover the unpaid portion of his judgment.

116

(2) Subsection 2 of the said section 93b is amended by ^®2^gg^8^93fr
adding at the end thereof the following proviso: agl?^

c. 45, 's. 16,

"provided that where the applicant satisfies the judge amended,
that it is not possible to comply with one or more
of the requirements enumerated in clauses b, c, d
and e and also satisfies the judge that he has taken
all reasonable steps to recover the amount of the
judgment or the unsatisfied part thereof and has
been unable to make recovery, the judge may dis-
pense with the necessity for complying with such
requirements",

so that the said subsection shall now read as follows:

(2) Upon the hearing of the application the applicant ^®^j^j,^|j°^
shall show, —

(a) that he has obtained a judgment as set out in
subsection 1 stating the amount thereof and
the amount owing thereon at the date of the
application ;

(b) that he has caused to be issued a writ of fieri
jacias or execution, and that,

(i) the sheriff or bailiff has made a return
showing that no goods of the judgment
debtor liable to be seized in satisfac-
tion of the judgment debt could be
found, or

(ii) the amount realized on the sale of goods
seized, or otherwise realized, was in-
sufficient to satisfy the judgment stat-
ing the amount so realized and the
balance remaining due on the judg-
ment after application thereon of the
amount realized;

examined, pursuant to the law for that pur-
pose provided, touching his estate and effects
and his property and means, and in particular
as to whether the judgment debtor is insured
under a policy of insurance by the terms of
which the insurer is liable to pay in whole or
in part, the amount of the judgment;

{d) that he has made exhaustive searches and in-
quiries to ascertain whether the judgment

116

debtor is possessed of assets, real or personal,
liable to be sold or applied in satisfaction of
the judgment; and

(e) that, by such searches, inquiries and examina-
tion,

(i) he has learned of no assets, real or per-
sonal, possessed by the judgment
debtor and liable to be sold or applied
in satisfaction of the judgment debt,
or

(ii) he learned of certain assets, describing
them, owned by the judgment debtor
and liable to be seized or applied in
satisfaction of the judgment, and has
taken all necessary actions and pro-
ceedings for the realization thereof,
and that the amount thereby realized
was insufficient to satisfy the judg-
ment, stating the amount so realized
and the balance remaining due on the
judgment after application of the
amount realized,

^'■°^**°- provided that where the applicant satisfies the judge

that it is not possible to comply with one or more
of the requirements enumerated in clauses b, c, d and
e and also satisfies the judge that he has taken all
reasonable steps to recover the amount of the judg-
ment or the unsatisfied part thereof and has been
unable to make recovery, the judge may dispense
with the necessity for complying with such require-
ments.

?*288?**936 (^) Subsection 4 of the said section 93b is amended by
(1947.'* striking out the word "and" at the end of clause b, by in-

eubs.'i)/^' ^^'■^'"g ^he word "and" at the end of clause c, and by adding
amended. thereto the following clause:

(d) that the applicant has fully pursued and exhausted
all remedies available to him for recovering com-
pensation for the damages that are the subject of
the action in respect of which the judgment is
given by,

(i) commencing action against all persons against
whom the applicant might reasonably be con-
sidered as having a cause of action in respect
of such damages,

116

Subsection 3. Under the present legislation an applicant for payment
of the amount of an unsatisfied judgment out of the Unsatisfied Judgment
Fund is required to satisfy the court that he has obtained judgment but
has been unable to recover all or a part of it. He need not show, however,
that he has exhausted all remedies available to him to obtain compensation
for his damages, as, for instance, that he sued both the owner and driver of
the vehicle responsible for the damage. The amendment will require him
to satisfy the court that he has taken all reasonable steps to exhaust other
remedies available to him before being entitled to payment out of the Fund.

116

(ii) prosecuting every such action in good faith to
judgment or dismissal,

(iii) taking all reasonable steps available to him
to recover upon every judgment so obtained,
and

(iv) taking all other reasonable steps available to
him to recover compensation for such dam-
ages,

so that the said subsection shall now read as follows:

(4) If the judge is satisfied, — 9j^^^ of

directing

(a) of the truth of the matters shown by the ap- from Fund.

plicant as required by subsection 2;

(b) that the applicant has taken all reasonable

steps to learn what means of satisfying the
judgment are possessed by the judgment
debtor;

the judgment debtor,

(i) has no assets liable to be sold or applied
in satisfaction of the judgment or of
the balance owing thereon, and

(ii) is not insured under a policy of insur-
ance by the terms of which the insurer
is liable to pay, in whole or in part, the
amount of the judgment; and

(d) that the applicant has fully pursued and ex-
hausted all remedies available to him for re-
covering compensation for the damages that
are the subject of the action in respect of
which the judgment is given by,

(i) commencing action against all persons
against whom the applicant might
reasonably be considered as having a
cause of action in respect of such
damages,

(ii) prosecuting every such action in good
faith to judgment or dismissal.

116

(iii) taking all reasonable steps available to
him to recover upon every judgment
so obtained, and

(iv) taking all other reasonable steps avail-
able to him to recover compensation
for such damages,

the judge may make an order directed to the Minister
requiring him, subject to subsection 5, to pay from
the Fund the amount of the judgment or the balance
owing thereon.

c^*2^'8^B*936 (^^ Subsection 5 of the said section 936 is amended by
■"b8. 6 adding at the end thereof the following proviso:

0. 46, 'b. 16,

amended. "provided that where any amount is recovered from any

other source in partial discharge of the judgment
debt, the maximum amount prescribed in this sec-
tion shall be reduced by the amount so paid and
mav be recovered bv action brought by the Minis-
ter",

so that the said subsection shall now read as follows:

payme"nt8^ (5) The Minister shall not pay out of the Fund under an

from Fund, Order, —

(a) more than $5,000, exclusive of costs, on ac-
count of injury to or the death of one person,
and subject to such limit for any one person
so injured or killed, not more than $10,000,
exclusive of costs, on account of injury to or
the death of two or more persons in any one
accident; and

(6) not more than $1,000, exclusive of costs, for
damage to property resulting from any one
accident,

provided that where any amount is recovered from
any other source in partial discharge of the judg-
ment debt, the maximum amount prescribed in this
section shall be reduced by the amount so paid and
may be recovered by action brought by the Minister.

o.*288. "*■■ O. The Highway Traffic Ad is amended by adding thereto
amended. t^p following section:

o/»'!'93*.'°" 93W.— (1) Section 936 shall not apply in the case of a

judgment that has been signed in an action in
which, —

116

Proviso.

Subsection 4. The effect of the section without the proviso is that
where one person is injured in an accident, regardless of the amount of the
judgment, payment out of the Fund is limited to a maximum of $5,000 in
respect of personal injuries and $1,000 in respect of property damage.
Where more than one person is injured the limits are $10,000 in respect of
personal injuries and $1,000 in respect of property damage. The effect
of the proviso is that these limits will be reduced by any payments made
from any other source in discharge of the judgment debt.

Section 6. Section 93bb — Where an action is brought which may
result in an application for payment out of the Unsatisfied Judgment Fund
of the amount of any judgment obtained, the Minister does not have an
opportunity of making representations to the court until after judgment
has been obtained and an application is made for payment out of the Fund.
This means that where the defendant does not defend the action or consents
to judgment, judgment is entered and the amount of damages determined
without opposition and without representatives of the defendant before
the court. The new section provides that in such cases no application shall
be made for payment out of the Fund unless the Minister of Highways has
been given an opportunity to defend the action on behalf of the defendant
and authorizes the Minister to do so where he deems such action on his part
advisable.

116

Section 7. See. note to section 9 of this Bill.

Section 8. This new section permits an application to be made to
have the Registrar of Motor Vehicles added as a defendant in a pending
action. Its purpose is to permit all proper parties to be brought before the
court in the one action.

116

(a) the defendant did not enter an appearance; or

(b) the defendant did not file a statement of de-

fence; or

counsel at the trial; or

(d) judgment was signed upon the consent or with

the agreement of the defendant,

unless the Minister has been given notice of such
failure, consent or agreement and has been afTorded
an opportunity to take such action as he may deem
advisable under subsection 2.

(2) Where the Minister receives notice under subsection R,ishts of

.- , , -I'll Minister.

1, he may, if he deems it advisable, enter an appear-
ance, file a defence, appear by counsel at the trial
or take such other action as he may deem appro-
priate on behalf and in the name of the defendant,
and may thereupon, on behalf and in the name of
the defendant, conduct his defence, and all acts
done in accordance therewith shall be deemed to be
the acts of such defendant.

7. Section 93e of The Highway Traffic Act, as enacted byRev stat
subsection 1 of section 16 of The Highway Traffic Amendment dd^i,'
Act, 1947, is amended by adding thereto the following sub-siibs.'i),

amended,
section :

(3) Where the death or injury is occasioned at a time where owner

when the motor vehicle is without the owner's con-
sent in the possession of some person other than the
owner or his chauffeui, the application shall be dis-
posed of in the same manner as though the identity
of the owner had not been estabilshed.

8. The Highway Traffic Act is amended by adding thereto Rev. stat..

the following section : amended.

9Zff. — (1) Where an action has been commenced in re- Application
spect of the death of, or injury to any person occa- Registrar as
sioned in Ontario by a motor vehicle, an application defendant.
may be made by the plaintiff to add the Registrar
of Motor Vehicles as a defendant and the provisions
of sections 93e and 93/ shall apply mutatis mutandis.

116

Other rights
not affected .

(2) This section shall be deemed not to derogate from
the right of any party to an action to add or join
any person as a party to the action in accordance
with the practice of the court in which the action
is pending.

o!*288?^.*88* ®- Section 93h of The Highway Traffic Act, as enacted by
of 4V'b. 16 subsection 1 of section 16 of The Highway Traffic Amendment
aubs.'i).. ' Act, 1947, is amended by adding thereto the following sub-

amended.

section ;

Where owner
known.

(3) Where the death or injury was occasioned at a time
when the motor vehicle was without the owner's
consent in the possession of some person other than
the owner or his chauffeur, the application shall be
disposed of in the same manner as though the identity
of the owner had not been established.

ment^oVAct ^®' '^^'^ ^^^ ^^^^' come into force on the 1st day of April,
■ 1948.

Short title. II This Act may be cited as The Highway Traffic Amend-
ment Act, 1948.

116

Section 9. The new subsection provides that the principles of The
Highway Traffic Act governing the liability of the owner of a motor vehicle
for damages caused by it while it was being operated by someone without
his consent, shall apply in the case of proceedings taken or sought to be
taken against the Registrar of Motor Vehicles in respect of hit and run
accidents.

116

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No. 116

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Highway Traffic Act.

Mr. Doucett

{Reprinted as amended in Committee of the Whole House.)

TORONTO

Printed and Published by B.\ptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes

Section 1. The definition by reference will ensure that the defini-
tions in the two Acts will coincide.

Section 2. In order to curb improper practices in connection with
permits and licenses these provisions are strengthened.

In the case of an illegal permit the penalty is increased by providing
for the confiscation of the motor vehicle.

Section 3.'/ (This provision, which is new, will avoid the present
duplication.

116

No. 116 1948

BILL

An Act to amend The Highway Traffic Act.

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

1. Clause m of subsection 1 of section 1 of The Highway ^^^■^^^^•'
Traffic Act is repealed and the following substituted therefor: subs, i, '

•^ cl. m, re-

enacted.

(m) 'Tublic vehicle" shall have the same meaning as in "Public
The Public Vehicle Act. l^^'''^''.

Rev. Stat.,
c. 289.

2. Subsections 2 and 3 of section 23 of The Highway TrafficB^ev. stat..
Act are repealed and the following substituted therefor: subss.'2^.'3, '

re-enacted.

(2) Every person whose permit has been suspended or Unlawful

DOSSGSSIOH.

cancelled and who, while prohibited from having a of permit,
motor vehicle registered in his name, applies for or
procures the issue to him or has in his possession a
permit issued to him, shall be guilty of an offence
and liable to a penalty of not less than $25 and not
more than $100 and to imprisonment for an}^ term
not exceeding thirty days, and in addition the motor
vehicle for which the permit was issued shall be for-
feited to His Majesty in right of Ontario.

(3) Every person whose license has been suspended or unlawful
cancelled and who while prohibited from driving aonfcense?
motor vehicle, applies for or procures the issue to

him or has in his possession a license, shall be guilty
of an offence and liable to a penalty of not less than
$25 and not more than $100 and to imprisonment
for any term not exceeding thirty days.

3. Section 84 of The Highway Traffic Act is amended by Rev. stat.,
adding thereto, the following subsection: anfe^nded.^*'

(3a) An owner of a motor vehicle to whom this Part Owners of
applies who holds a license in respect of such vehicle vehicles
under The Public Vehicle Act or The Commercial lomm^rdai

vehicles.

116

Rev. Stat..
cc. 289. i»0.

Vehicle Act and who has on file in the Department a
certificate of insurance in good standing shall not be
reqnire<l to give proof of financial responsibility under
this Part in resjiect of such vehicle.

^Ijjj/e'Vs *• Subsection 1 of section 92 of The Highway Traffic Act,
eiibB. i. *" as amended by section 13 of The Highway Traffic Amendment
Act, 1939 and section 17 of The Highway Traffic Amendment
Act, 1941, is further amended by striking out the words,
symbol and figures "in excess of $25" in the thirteenth line,
so that the said subsection shall now read as follows:

CanceUa- (J) The Minister may waive the requirement of filing

return of proof of financial responsibility or may cancel any

^' bond or return any certificate of insurance, or the

Treasurer may, at the request of the Minister, return
any money or securities deposited pursuant to this
Part as proof of financial responsibility at any time
after two years from the date upon which such proof
was required to be given, provided that the owner
or driver on whose behalf such proof was given has
not, during the said period, or any two-year period
immediately preceding the request, been convicted
of an olTence mentioned in section 78, and provided
that no action for damages is pending and no judg-
ment is outstanding and unsatisfied in respect of
personal injury or damage to property resulting from
the operation of a motor vehicle, and a statutory
declaration of the applicant under this section shall
be sufficient evidence of the facts in the absence of
evidence to the contrary in the records of the
Registrar.

cMsfs^lsd. *• — (1) Subsection 1 of section 93& of The Highway Traffic:
"i947.^ ^^^' ^s enacted by subsection 1 of section 16 of The Highway

lnt^:ih^' ^''<#^ Amendment Act, 1947, is amended by adding at the
amended. commencement thereof the words "Subject to section 9366,"
so that the said subsection shall now read as follows:

Order
dlreotlns
payment of
amount of
judgment.

(1) Subject to section 9366, where any person recovers
in any court in Ontario a judgment for damages on
account of injury to, or the death of any person or
damage to property occasioned by a motor vehicle
owned or operated by the judgment debtor within
Ontario, upon the determination of all proceedings
including appeals and upon notice to the Minister,
such judgment creditor may apply by way of
originating notice to a judge of the Supreme Court
for an order directing payment of the amount of
the judgment or .the unsatisfied portion thereof out
of the Fund.

116

Section 4. The deletion is made in order to conform with amend-
ments made last year under which judgments of any amount must be
satisfied.

Section 5 — Subsection 1 . This amendment is complementary to the
new section 93bb enacted by section 6 of this Bill.

116

Subsection 2. Section 0M> provides for the payment out of the Unsatis-
fied Judtrment Fund of the amount of an unsatisfied judgment. Subsection
2 preacnbes the requirements which shall l)e complied with upon an applica-
tion to the court for payment out. Included in the requirements are the
issue of a writ of execution against the judgment debtor and a return by
the sheriff; an examination of the judgment debtor, and other searches and
inquiries. Sometimes it is impossible to comply with one or more of the
requirements owing to the judgment creditor's inability to locate the
juugment debtor or the judgment debtor being beyond the jurisdiction.
The proviso vests power in the court to carry out the principle of the section
in these situations where it is satisfied that the creditor has taken all
reasonable steps to recover the unpaid portion of his judgment.

116

(2) Subsection 2 of the said section 93b is amended by ^Ysg^l^gsb
adding at the end thereof the following proviso: tisl?^

c. 45. 's. 16.

so that the said subsection shall now read as follows:

(2) Upon the hearing of the application the applicant ^®^j^j.^fi^^
shall show,—

(a) that he has obtained a judgment as set out in
subsection 1 stating the amount thereof and
the amount owing thereon at the date of the
application;

ib) that he has caused to be issued a writ of fieri
jacias or execution, and that,

(i) the sheriff or bailiff has made a return
showing that no goods of the judgment
debtor liable to be seized in satisfac-
tion of the judgment debt could be
found, or

(ii) the amount realized on the sale of goods
seized, or otherwise realized, was. in-
sufficient to satisfy the judgment stat-
ing the amount so realized and the
balance remaining due on the judg-
ment after application thereon of the
amount realized;

ic) that he has caused the judgment debtor to be
examined, pursuant to the law for that pur-
pose provided, touching his estate and effects
and his property and means, and in particular
as to whether the judgment debtor is insured
under a policy of insurance by the terms of
which the insurer is liable to pay in whole or
in part, the amount of the judgment;

{d) that he has made exhaustive searches and in-
quiries to ascertain whether the judgment

116

debtor is possessed of assets, real or personal,
liable to be sold or applied in satisfaction of
the judgment; and

(e) that, by such searches, inquiries and examina-
tion,

(i) he has learned of no assets, real or per-
sonal, possessed by the judgment
debtor and liable to be sold or applied
in satisfaction of the judgment debt,
or

Proviso. provided that where the applicant satisfies the judge

0^*288^*8*936 (^) Subsection 4 of the said section 936 is amended by
a947^ striking out the word "and" at the end of clause 6, by in-

c. 45.'b. 16. serting the word "and" at the end of clause c, and bv adding
amended. thereto the tollowing clause:

(rf) that the applicant has fully pursued and exhausted
all remedies available to him for recovering com-
Ix*nsation for the damages that are the subject of
the action in respect of which the judgment is
given b> ,

(i) commencing action against all persons against
whom the applicant might reasonably be con-
sidered as having a cause of action in respect
of such damages,

116

(ii) prosecuting every such action in good faith to
judgment or dismissal,

(iii) taking all reasonable steps available to him
to recover upon every judgment so obtained,
and

(iv) taking all other reasonable steps available to
him to recover compensation for such dam-
ages,

so that the said subsection shall now read as follows:

(4) If the judge is satisfied, — or^ej- of

directing

(a) of the truth of the matters shown by the ap- from Fund.

plicant as required by subsection 2;

(b) that the applicant has taken all reasonable

steps to learn what means of satisfying the
judgment are possessed by the judgment
debtor;

the judgment debtor,

(i) has no assets liable to be sold or applied
in satisfaction of the judgment or of
the balance owing thereon, and

(ii) is not insured under a policy of insur-
ance by the terms of which the insurer
is liable to pay, in whole or in part, the
amount of the judgment; and

(i) commencing action against all persons
against whom the applicant might
reasonably be considered as having a
cause of action in respect of such
damages,

(ii) prosecuting every such action in good
faith to judgment or dismissal,

116

(iii) taking all reasonable steps available to
him to recover upon every judgment
so obtained, and

(iv) taking all other reasonable steps avail-
able to him to recover compensation
for such damages,

the judge may make an order directed to the Minister
requiring him, subject to subsection 5, to pay from
the Fund the amount of the judgment or the balance
owing thereon.

^•oX.o^**oit (4) Subsection 5 of the said section 93ft is amended bv
■ubj. 8 adding at the end thereof the followmg proviso:

■utM.'i). ' "provide<i that where any amount is recovered from any

*""*" * ■ other source in partial discharge of the judgment

debt, the maximum amount prescribed in this sec-
tion shall be reduced by the amount so paid and
any amount paid out of the Fund in excess of the
amount authorized by this section may be recovered
by action brought !)>• the Minister",

Amount of
paymentH
from Fund.

Provtao.

Rev. stuf
o. 288.
amended.

Adp
or a.

936.

so that the said subsection shall now read as follows:

(5) The Minister shall not pay out of the Fund under an
order, —

(o) more than $5,000, exclusive of costs, on ac-
count of injury to or the death of one person,
and subject to such limit for any one person
so injured or killed, not more than $10,000,
e-\clusive of costs, on account of injury to or
the death of two or more persons in any one
accident: and

(b) not more than $1,000, exclusive of costs, for
damage to property resulting from any one
accident,

provided that where any amount is recovered from
any other source in partial discharge of the judg-
ment debt, the maximum amount prescribed in this
section shall Ix- reduced by the amount so paid and
an\ amount paid out of the Fund in excess of the
amount authori/ed b\- this section ma\- be recovered
by action brought by the Minister.

6. The Highway Traffic Act is amended by adding thereto
the following section:

9366.— (1) Section 03b shall not apply in the case of a
judgment that has been signed in an action in
which, —

116

Section' 6. Section 93bb — Where an action is brought which may
result in an application for payment out of the Unsatisfied Judgment Fund
of the amount of any judgment obtained, the Minister does not have an
opportunity of making representations to the court until after judgment
has been obtained and an application is made for payment out of the Fund.
This means that where the defendant does not defend the action or consents
to judgment, judgment is entered and the amount of damages determined
without opposition and without representatives of the defendant before
the court. The new section provides that in such cases no application shall
be made for payment out of the Fund unless the Minister of Highways has
been given an opportunity to defend the action on behalf of the defendant
and authorizes the Minister to do so where he deems such action on his part
advisable.

116

Section 7. See note to section 9 of this Bill.

116

(a) the defendant did not enter an appearance; or

(b) the defendant did not file a statement of de-

fence; or

counsel at the trial; or

(d) judgment was signed upon the consent or with

the agreement of the defendant,

unless the Minister has been given notice of such
failure, consent or agreement and has been afforded
an opportunity to take such action as he may deem
advisable under subsection 2.

(2) Where the Minister receives notice under subsection Pjg^^ts of
. -r 1 1 • 1 • 1 . Minister.

1, he may, it he deems it advisable, enter an appear-
ance, file a defence, appear by counsel at the trial
or take such other action as he may deem appro-
priate on behalf and in the name of the defendant,
and may thereupon, on behalf and in the name of
the defendant, conduct his defence, and all acts
done in accordance therewith shall be deemed to be
the acts of such defendant.

7. Section 93e of The Highway Traffic Act, as enacted byRev.stat..
subsection 1 of section 16 of The Highway Traffic Amendment (i947,'
Act, 1947, is amended by adding thereto the following sub- .subs.' li. '

. • ' amended.

section :

(3) Where the death or injury- is occasioned at a time where owner
when the motor vehicle is without the owner's con-
sent in the possession of some person other than the
owner or his chauffeui, the application shall be dis-
posed of in the same manner as though the identity
of the owner had not been estabilshed.

8. The Highway Traffic Act is amended by adding thereto Rev. stat..

the following section : amended.

93^. — (1) Where an action has been commenced in re- Application
spect of the death of, or injury to any person occa- Regfstrar as
sioned in Ontario by a motor vehicle, an application '*®^®"'^^"*-
may be made by the plaintiff to add the Registrar
of ^lotor Vehicles as a defendant and the provisions
of sections 93e and 93/ shall apply mutatis mutandis.

116

other righu (2) I'his sectiofi shall he deemed not to derogate from

not uflreofed. . . . , •.?•••

the right of any party to an action to add or join
any person as a j)arty to the action in accordance
with the practice of the court in which the action
is i:)en(ling.

f*2ti8*^"'e3* ®- '***-'ction 93h of The Highway Traffic Act, as enacted by

(iM7.' ■ ' subsection 1 of section 16 of The Highway Traffic Amendment

Bubn.'ij. ' Act, 1947, is amended bv adding thereto the following sub-
amended.

section:

Where owner (3) Where the death or injury was occasioned at a time

'*"°*"' when the motor vehicle was without the owner's

consent in the possession of some person other than

the owner or his chauffeur, the application shall be

disposed of in the same manner as though the identity

of the owner had not been established.

Commence- 10. — (1) This Act shall come into force on the day upon

ment of Act. ,.,.. .t^,* j f

which It receives the Royal Assent.

tV^Par't'"*"^'' ^^^ Sections 5 to 9 shall apply to motor vehicle accidents

xniA. occurring in Ontario after the 1st day of July, 1947, provided

that subsection 3 of section 5 and section 6 shall apply only

where the trial or assessment of damages, as the case may be,

is not concluded before the 1st day of June, 1948. "^1^

Short title. 11. This Act may be cited as The Highway Traffic Amend-
ment Act, 1948.

116

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a> —

No. 116

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Highway Traffic Act.

Mr. Doucett

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 116 1948

BILL

An Act to amend The Highway Traffic Act.

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

1. Clause m of subsection 1 of section 1 of The Highway '^^^•^^^^■'
Traffic Act is repealed and the following substituted therefor: siibs. i. '

■^ cl. m, re-

enacted.

(w) "Public vehicle" shall have the same meaning as in "Public
The Public Vehicle Act. l^^'''^^l'\

Rev. Stat.,
c. 289.

2. Subsections 2 and 3 of section 23 of The Highway Traffic Rev. stat..
Act are repealed and the following substituted therefor: subss.'2,'3. '

re-enacted.

(.2) Every person whose permit has been suspended or unlawful
cancelled and who, while prohibited from having a of permit,
motor vehicle registered in his name, applies for or
procures the issue to him or has in his possession a
permit issued to him, shall be guilty of an offence
and liable to a penalty of not less than $25 and not
more than $100 and to imprisonment for any term
not exceeding thirty days, and in addition the motor
vehicle for which the permit was issued shall be for-
feited to His Majesty in right of Ontario.

(3) Every person whose license has been suspended or unlawful
cancelled and who while prohibited from driving aofffcense"
motor vehicle, applies for or procures the issue to
him or has in his possession a license, shall be guilty
of an offence and liable to a penalty of not less than
$25 and not more than $100 and to imprisonment
for any term not exceeding thirty days.

3. Section 84 of The Highway Traffic Act is amended byRgystat.,
adding thereto the following subsection: amelfded.^^'

(3a) An owner of a motor vehicle to whom this Part Owners of
applies who holds a license in respect of such vehicle vehicles
under The Public Vehicle Act or The Commercial commercial

vehicles.

116

R«v. Stat.. Vehicle Act and who has on file in the Department a

certificate of insurance in good standing shall not be
required to give proof of financial responsibility under
this Part in respect of such vehicle.

R«v. stat..^ 4. Subsection 1 of section 92 of The Highway Traffic Act,

•ub«. i.*" * as amended by section 13 of The Highway Traffic Amendment

am«nd«d. ^^^^ ^^^^ ^^^ section 17 of The Highway Traffic Amendment

Act, 1941, is further amended by striking out the words,

symbol and figures "in excess of $25" in the thirteenth line,

so that the said subsection shall now read as follows:

Cancella-
tion and
return of
Mcurity.

o!l588?8?93». *• — (1) Subsection 1 of section 936 of The Highway Traffic
UM?.^ ^c/, as enacted by subsection 1 of section 16 of The Highway

subs' ') **' Traffic Amendment Act, 1947, is amended by adding at the
amended. commencement thereof the words "Subject to section 93bb,"
so that the said subsection shall now read as follows:

Order
directing
payment of
amount of
Judgment.

116

(2) Subsection 2 of the said section 936 is amended by ^®2^gg®^**g^j
adding at the end thereof the following proviso: aal?^

c. 45. 's. 16,

so that the said subsection shall now read as follows:

(2) Upon the hearing of the application the applicant ^®i\^j,^fj°^
shall show, —

(a) that he has obtained a judgment as set out in
subsection 1 stating the amount thereof and .
the amount owing thereon at the date of the
application ;

(b) that he has caused to be issued a writ of fieri
jacias or execution, and that,

(i) the sheriff or bailiff has made a return
showing that no goods of the judgment
debtor liable to be seized in satisfac-
tion of the judgment debt could be
found, or

{d) that he has made exhaustive searches and in-
quiries to ascertain whether the judgment

116

debtor is possessed of assets, real or personal,
liable to be sold or applied in satisfaction of
the judgment; and

(e) that, by such searches, inquiries and examina-
tion,

(i) he has learned of no assets, real or per-
sonal, possessed by the judgment
debtor and liable to be sold or applied
in satisfaction of the judgment debt,
or

Proviso. provided that where the applicant satisfies the judge

o!*288^*8.*936 ^^^ Subsection 4 of the said section 93& is amended by
(1M7* striking out the word "and" at the end of clause h, by in-

0. 46.'8. 16. serting the word "and" at the end of clause c, and by adding
amended. thereto the following clause:

{d) that the applicant has fully pursued and exhausted
all remedies available to him for recovering com-
pensation for the damages that are the subject of
the action in respect of which the judgment is
given by,

(i) commencing action against all persons against
whom the applicant might reasonably be con-
sidered as having a cause of action in respect
of such damages,

116

(ii) prosecuting every such action in good faith to
judgment or dismissal,

(iii) taking all reasonable steps available to him'
to recover upon every judgment so obtained,
and

(iv) taking all other reasonable steps available to
him to recover compensation for such dam-
ages,

so that the said subsection shall now read as follows:

(4) If the judge is satisfied, — ^^d ®e °^

directing

(a) of the truth of the matters shown by the ap- from Fund.
plicant as required by subsection 2;

(b) that the applicant has taken all reasonable

steps to learn what means of satisfying the
judgment are possessed by the judgment
debtor;

the judgment debtor, ,

(i) has no assets liable to be sold or applied
in satisfaction of the judgment or of
the balance owing thereon, and

(ii) is not insured under a policy of insur-
ance by the terms of which the insurer
is liable to pay, in whole or in part, the
amount of the judgment; and

(i) commencing action against all persons
against whom the applicant might
reasonably be considered as having a
cause of action in respect of such
damages.

(ii) prosecuting every such action in good
faith to judgment or dismissal.

116

(iii) taking all reasonable steps available to
him to recover upon every judgment
so obtained, and

(iv) taking all other reasonable steps avail-
able to him to recover compensation
for such damages,

the judge may make an order directed to the Minister
requiring him, subject to subsection 5, to pay from
the Fund the amount of the judgment or the balance
owing thereon.

?M8^8*986 (^^ Subsection 5 of the said section 93b is amended by
•ubj- 6 adding at the end thereof the following proviso:

•ubs.'i).. * "provided that where any amount is recovered from any

other source in partial discharge of the judgment
debt, the maximum amount prescribed in this sec-
tion shall be reduced by the amount so paid and
any amount paid out of the Fund in excess of the
amount authorized by this section may be recovered
by action brought by the Minister",

so that the said subsection shall now read as follows:

amended.

Amount of
payments
from Fund.

Proviso.

(5) The Minister shall not pay out of the Fund under an
order, —

(6) not more than $1,000, exclusive of costs, for
damage to property resulting from any one
accident,

provided that where any amount is recovered from
any other source in partial discharge of the judg-
ment debt, the maximum amount prescribed in this
section shall be reduced by the amount so paid and
any amount paid out of the Fund in excess of the
amount authorized by this section may be recovered
by action brought by the Minister.

Rev. Stat.
0. 288.
amended.

Applloation
ofs. 936.

6. The Highway Traffic Act is amended by adding thereto
the following section:

9366.— (1) Section 936 shall not apply in the case of a
judgment that has been signed in an action in
which, —

116

(a) the defendant did not enter an appearance; or

(b) the defendant did not file a statement of de-

fence; or

counsel at the trial; or

(d) judgment was signed upon the consent or with

the agreement of the defendant,

unless the Minister has been given notice of such
failure, consent or agreement and has been afforded
an opportunity to take such action as he may deem
advisable under subsection 2.

(2) Where the Minister receives notice under subsection Rig^^ts of
1, he may, if he deems it advisable, enter an appear-
ance, file a defence, appear by counsel at the trial
or take such other action as he may deem appro-
priate on behalf and in the name of the defendant,
and may thereupon, on behalf and in the name of
the defendant, conduct his defence, and all acts
done in accordance therewith shall be deemed to be
the acts of such defendant.

7. Section 93e of The Highway Traffic Act, as enacted bvRev. stat..

. ' c 288 s 93«

subsection 1 of section 16 of The Highway Traffic Amendment (i947,'
Act, 1947, is amended b}' adding thereto the following sub-siibs.'i), '

„. ; . amended.

section :

(3) Where the death or injur}- is occasioned at a time where owner
when the motor vehicle is without the owner's con-
sent in the possession of some person other than the
owner or his chauffeur, the application shall be dis-
posed of in the same manner as though the identity
of the owner had not been established.

8. The Highway Traffic Act is amended by adding thereto Rev. stat.,

the following section : amended.

93ff. — (1) Where an action has been commenced in re- Application
spect of the death of, or injury to any person occa- Re|fstrar as
sioned in Ontario by a motor vehicle, an application '^®^®"^^"*-
may be made by the plaintiff to add the Registrar
of Motor \'ehicles as a defendant and the provisions
of sections 93e and 93/ shall apply mutatis mutandis.

116

other right* (2) This section shall be deemed not to derogate from

not Mffeoted. ..., •.?!••

the right of any party to an action to add or join

any person as a party to the action in accordance

with the practice of the court in which the action

is [Handing.

S*288?8*.*93* ®- Section 93h of The Highway Traffic Act, as enacted by
(i947.' ■ subsection 1 of section 16 of The Highway Traffic Amendment

suba.'i). ' Act, 1947, is amended by adding thereto the following sub-
amendod.

section :

Where owner (3) Where the death or injury was occasioned at a time
*"*°*^"" when the motor vehicle was without the owner's

consent in the possession of some person other than
the owner or his chaufieur, the application shall be
disposed of in the same manner as though the identity
of the owner had not been established.

Commence- 10. — (1) This Act shall come into force on the day upon
ment of Act. ,.,.. ii-,i» j t-

which It receives the Royal Assent.

to"part"'*'**" ^^^ Sections 5 to 9 shall apply to motor vehicle accidents

xiiiA. occurring in Ontario after the 1st day of July, 1947, provided

that subsection 3 of section 5 and section 6 shall apply only

where the trial or assessment of damages, as the case may be,

is not concluded before the 1st day of June, 1948.

Short title. n. Xhis Act may be cited as The Highway Traffic Amend-
ment Act, 1948.

116

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No. 117

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Snow Roads and Fences Act.

Mr. Doucett

TORONTO

Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty

Explanatory Note,

Under subsection 1 of section 12 of The Snow Roads and Fences Act
councils may, on or after the 15th day of November and before the 31st
day of Mardi following, enter on land and erect and maintain snow fences.
Under subsection 2 these must be removed on or after the 1st day of April.
This amendment gives power to extend these dates by by-law when weather
conditions so require.

117

No. 117 1948

BILL

An Act to amend The Snow Roads and Fences Act.

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

1. Section 12 of The Snow Roads and Fences Act, as amended ^^y- stat..
by subsection 1 of section 32 of The Statute Law Amendment ^.mended.
Act, 1941, is further amended by adding thereto the following
subsection :

(2a) When weather conditions do not permit the removal ^f'tfme °°
of snow fences on or before the 1st day of April, [o^ main-
the council may by by-law extend the time during removal,
which snow fences may be maintained and the date
by which they shall be removed to a date fixed by
the by-law.

2. This Act shall come into force on the day upon which itCom/nence-

, ^ , . J f ment of Act.

receives the Royal Assent.

3. This Act may be cited as The Snow Roads and Fences Short title.
Amendment Act, 1948.

117

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r
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No. 117

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Snow Roads and Fences Act.

Mr. Doucett

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 117 1948

BILL

An Act to amend The Snow Roads and Fences Act.

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

1. Section 12 of The Snow Roads and Fences Act, as amended Rev stat.,
by subsection 1 of section 32 of The Statute Law Amendment ^.mended.
Act, 1941, is further amended by adding thereto the follawing
subsection :

(2a) When weather conditfons do not permit the removal ^f^tfml^^'^
of snow fences on or before the 1st day of April, {^^ main-

1 •! Ill 1 1 • 1 • tenance and

the council may by by-law extend the time during removal,
which snow fences may be maintained and the date
by which they shall be removed to a date fixed by
the by-law.

2. This Act shall come into force on the day upon which it Commence-

.? r- rnent of Act.

receives the Royal Assent.

3. This Act may be cited as The Snow Roads and Fences short title.
Amendment Act, 1948.

117

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No. 118

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to impose a Tax on Amusements to Provide for Greater Aid

to Public Hospitals.

Mr. Frost

T O R O iN T O

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note

This Bill provides for a hospital tax of twenty per centum on the price
of admission to places of amusement, to become effective by Proclamation
as soon as the [dominion vacates this tax field.

The taxes so raised will be paid into a special fund and dispersed only
in aid of public hospitals.

Sec also Bill No. 119, An Act to provide for Greater Aid to Public
Hospitals.

118

No. 118 1948

BILL

An Act to impose a Tax on Amusements to Provide
for Greater Aid to Public Hospitals.

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

1. In this Act, — interpreta-

tion,—

(a) ' 'admission ' ' includes entry to any place of amusement "admission"
where any charge is made or fee is collected after

entry;

(b) "Controller" means the Controller of Revenue; ie?°r*'"*'^'

amusement in Ontario;

(d) "place of amusement" means any theatre, moving- amuse-°^
picture hall, dance hall, amusement hall, concert '^®^*"'
hall, music hall, circus, side-show, carnival, amuse-
ment park, race-course, baseball park, athletic park,
skating rink, or place at or in which an exhibition

or entertainment is given or amusement is provided
or facilities are provided therefor or game is played,
where an entrance fee is charged or fee collected
through the sale of tickets or otherwise, or where
after admission a charge is made or fee collected,
and includes any place where dances are held or
facilities for dancing provided or a performance or
entertainment is given before, during or after the
service of meals or refreshments;

(e) "price of admission" includes any charge made or fee admission";

collected after admission to a place of amusement,
and any charge made in a place of amusement for
meals or refreshments that are served in conjunction
with any dance, performance or entertainment;

118

"purchiiMer",

"rejiulii-
tioriH";

(f) "purchafer" rreans any person who purchases admis-

sion to an>- place of amusement;

(g) "regulations" mean regulations made under the
authority of this Act; and

•Treasurer". (/;) "Treasurer" means the Treasurer of Ontario.

Licences.

2. — (1) No owner shall sell ac'missicn to a place of amuse-
ment unless a licence therefor has been, upcn his application,
issued to him under tin's .Act, ;iimI unless such licence is in force
at the time of sale.

E.xpiry.

(2) Such licence shall remain in force until the 31st da\- of
March next following the date of issue.

Application. (3^ -^he application for such licence shall be filed with the
Controller.

Granting of
licenceH.

(4) Such licence shall be granted by the Treasurer or b\-
such officer as he ma\' appoint, upon payment by the owner of
SI to the Treasurer for the use of His Majesty in right of
Ontario.

Posting up
of licences.

(5) Such licence shall be placed in public view in the oflfice of
the owner at which admission is sold to the purchaser.

otnclncei^^ (6) ^'*6 Treasurer may cancel or suspend the licence of,
or ma>- refuse to issue a licence to, any owner who has been
found guilty of an offence under this Act.

Information. ,^. ~,, ,...,. « ,1 . , ,

(7) 1 he application for a licence shall contain the name and
address of the owner; and if such owner is a partnership, the
names and addresses of each partner; and if the owner is a
corporation, club, association or syndicate, the name and
address of the president, if he resides in Ontario, and if not,
the name and address of its resident manager or representative,
and the address of its chief place of business in Ontario.

3. Kver>' purchaser shall pay to the Treasurer for the use of
His Majesty in right of Ontario a tax at the rate of twenty
per centum calculated upon the price of admission charged
by the owner, and, in the calculation, every fraction of one
r*Mit '^hall be counted as one cent.

of ta.x. +•- (1) The taxes paid under this Act, less the expenses of

collection thereof shall be paid into the fund established under
1948. c. . . The Hospitals Aid Act, 1948.

expenses. (2) The expenses of collecting the taxes imposed by this

Act shall be paid out of the Consolidated Revenue Fund, and

118

at the end of each fiscal year the Consolidated Revenue Fund
shall be reimbursed for the sums so paid out from the taxes
imposed by this Act.

5. — (1) Every owner shall, as the agent of the Treasurer/collection,
collect the tax imposed by this Act.

(2) For the purpose of collecting the tax, the Treasuier Arrange-
may enter into such arrangement with each owner as he may J?^tiecUon.
deem expedient and may provide for the payment of such
remuneration to each owner as he may deem proper.

6. Every owner shall inform every purchaser of the price or Price of
prices of admission to his place of amusement and of the tnd^'tfi'x'?"
amount of the tax to be paid by the purchaser by placing in
public view at the office of the owner where admission may be
purchased a schedule showing such price or prices and the
amount of such tax.

7. Every owner shall, upon the request of the purchaser, Saie'
deliver to him a writing showing his name, his address, the '"^°'*^®^-
number of his licence issued under this Act, the price of
admission charged to the purchaser, and separately stated,

the amount of the tax payable or paid by the purchaser.

8. No owner shall advertise or hold out or state to the Absorption
public or to any purchaser, directly or indirectly, that the tax prohfbited.
or any part thereof imposed by this Act will be assumed or
absorbed by the owner or that it will not bs considered as an
element in the price to the purchaser or, if added, that it or

any part thereof will be refunded.

9.^ — (1) Where special circumstances" exist, whether of aExenptions.
religious, charitable or educational nature or otherwise, the
Lieutenant-Governor in Council may, upon application of the
owner made to the Treasurer at least ten days before the tax
would otherwise be payable, exempt the purchaser from pay-
ment and the owner from collection of the tax Imposed by
this Act.

(2) Where it is shown to the satisfaction of the Treasurer Entertain-
that the tax calculated on the price of admission to a place of religious,
amusement at or in which an entertainment has been held foror educa-^
the purpose of raising funds for religious, charitable or educa- poJ^l'. ^^^'
tional purposes, was collected and paid to the Treasurer in
accordance with this Act, and where the owner files with the
Controller a statement, verified by his affidavit, giving in
detail all receipts and expenses in connection with the enter-
tainment and the receipt of the organization to which the
proceeds were donated acknowledging receipt of such proceeds
is attached thereto, and w^here the Treasurer is satisfied that

118

such organization is one the operations of which are carried
on exclusively for religious, charitable or educational purposes
or for any combination of such purposes, the Treasurer may
pay to such organization an amount equal to that proportion
of the tax so collected and paid which the proceeds acknowl-
edged as received by such organization bear to the gross
amount received by the owner as the price of admission to such
entertainment.

Monthly
returns.

10. — (1) Every owner shall, as the agent of the Treasurer,
on or before the tenth day of each month, without notice or
demand, deliver to the Controller such return as is required
for the purposes of carrying out the provisions of this Act.

Verification
of returns.

(2) The return shall be verified by the affidavit of the
owner, and, if the owner is not an individual, of his president
or his resident manager or representative in Ontario, swearing
that the financial statements for the preceding month, attached
to the return, showing receipts and expenditures of the place
of amusement, the amount of the tax collectable under this
Act and such other information as is required, are in agreement
with the books of the owner and exhibit truly and correctly
all the business of the owner at his place of amusement during
the preceding month.

Penalty for
■ale of ad-
mission
unless
licensed.

11. — (1) Every owner who fails to comply with subsection 1
of section 2 shall be guilty of an offence and liable to a penalty
for each sale, in addition to the costs, of not less than $10
and not more than $1,000 and, in default of payment of the
costs and penalty, to imprisonment for three months.

Penalty for
failure to
pay tax.

Penalty for
failure to
collect tax.

Penalty for
default in
filing return.

(2) Every purchaser who fails to pay the tax imposed
under this Act shall be guilty of an offence and shall be liable
to a penalty of not less than $10 and not more than $200.

(3) Every owner who refuses or neglects to collect, account
for or remit the amount of the tax in accordance with this Act
or the regulations, shall be guilty of an offence and shall be
liable, in addition to the remittance of the tax, to a penalty for
each day during which such offence continues, of not less than
$10 and not more than $1,000 and in default of payment, to
imprisonment for three months.

(4) Every owner who fails to comply with subsection 1 of
section 10 shall pay a penalty of five per centum of the tax
collectable by such owner; provided that in no case shall such
penalty be more than $500.

Failure to

complete

return.

(5) When any owner fails to complete the information
required on the monthly return to be delivered to the Con-
troller under subsection 1 of section 10, such owner shall be

118

liable to a penalty of one per centum of the tax collectable by
him; provided that in no case shall such penalty be less than
$1 or more than $20.

(6) Every employee of an owner who permits or authorizes Penalty for
or is a party or privy to, the admission of any purchaser to a couect tax.
place of amusement without collecting from such purchaser

the tax imposed under this Act, shall be guilty of an offence
and shall incur a penalty of not less than $20 and not more
than $500.

(7) In addition to the penalties provided by this Act, the injunction.
Treasurer may apply to a judge of the Supreme Court for an
injunction against any owner who sells admission to his place

of amusement without having been granted a licence under
this Act, which is still in force, ordering him to cease selling
such admission and to close his place of amusement until a
licence is granted and all costs are paid.

12. The Treasurer may, before or after the time for Time for
making it, enlarge the time for making any return. . ^turnf

13. — (1) Every owner shall remit with the monthly return payment of
required by subsection 1 of section 10, the amount of the tax *ofig*^tabie.
collectable by him as shown therein.

(2) When any owner remits less than the amount of the tax where pay-
collectable as shown by the return, he shall pay interest at than amount
the rate of seven per centum per annum upon the deficiency '"^'i"^''®
calculated from the date of default until the date of remission
to the Treasurer.

14. — (1) If the Controller, in order to enable him to make Demand for
an accounting of the tax collectable by the owner under this information.
Act, or for any other purpose desires any information or
additional information, or a return from any owner who has
not made a return or a complete or sufficient return, he may,
by registered letter, demand from such owner or from the
president, manager, secretary, or any director, agent or
representative thereof, such information, additional informa-
tion or return, and the owner, president, manager, secretary,
or any director, agent or representative upon whom such a
demand is made shall deliver to the Controller such informa-
tion, additional information or return within thirty days
of the mailing of such registered letter.

(2) The Controller may, by registered letter, require the Production
production under oath or otherwise, by any owner or the accounts.'
president, manager, secretary-, or any director, agent or repre-®**^-
sentative of such owner, or by any person, partnership, syndi-
cate, trust or company holding or paying or liable to pay any

118

f)ortion of the income of such owner, or by any partner, agent
or official of any such f)erson, partnership, syndicate, trust or
conipan>-, of any letters, accounts, invoices, statements or
other documents.

(3) If any pwner fails or refuses to keep adequate books or
accounts for the purposes of ascertaining the amcunt of the
tax collectable by him under this Act, the Controller may
require such owner to keep such records and accounts as he
ma>' prescribe.

(4) For every default in complying with the provisions of
subsections 1 to 3 the owner or the persons, or both, in default
shall jointly and severally be liable to a penalty of $25 for
each day during which the default continues.

of'Treasurer (5) For the purpose of any proceedings taken under this
etc^°o^be""'^^^' ^^^ facts necessary to establish compliance on the part of
prpyed.by the Treasurer or of the Controller with this section, as well as
the failure of any owner or person to comply with the require-
ments of this section, shall be sufficiently proven in any court
by affidavit of the Treasurer or of any officer of the Treasury
Department of Ontario.

Books of
Bocount to
be kept.

Penalty.

affidavit.

Inquiry as
to amount
of tax col-
lectable.

Rev. Stat,
o. 19.

(6) Any officer authorized by the Treasurer may make
such inquiry as he may deem necessary to ascertain tfie
amount of any tax collectable by any owner under this Act,
and for the purposes of such inquiry, such officer shall have all
the powers and authority that may be conferred upon a Com-
missioner appointed under The Public Inquiries Act.

Notice of
accounting.

o/conffoi- ^^^ "^^ return or information supplied by or on behalf of

ler not anv owner shall be binding upon the Treasurer or the Con-

bound by - ,. ^ , . .

returns. troller, and notwithstandmg any such return or mformation,

or in the absence of any return or information, the Controller

may determine the amount of the tax collectable by any owner.

(8) After examination of the return of the owner the Con-
troller shall send a notice of accounting to such owner verifying
or altering the amount of tax shown to be collectable by the
owner in his return, and any additional tax found to be
collectable over the amount shown in the return shall be
remitted within one month from the date of mailing of the
notice of accounting, and subject to section 13, such additional
tax shall bear interest at the rate of four per centum per
annum calculated from the last date prescribed for making such
return to the date of remission to the Treasurer.

Sn-'Siyme'nt . ^^^ '^ ''».">" ^wner fails to remit such additional tax and

of ad<

taxes.

itionai mterest within one month after the date of the mailing of the
notice of accounting, the owner shall pay, in addition to the
. 118

interest provided by subsection 8, interest at the rate of three
per centum per annum upon such additional tax from the '
expiry of the period of one month after the date of the maihng
of the notice of accounting to the date of remission to the
Treasurer.

15. — (1) The Treasurer may refund before or after the Refunds,
issue of the notice of accounting any amount which the owner
has remitted in excess of the taxes collectable or of the interest
or penalties payable by him, if application in writing is made
therefor by the owner within six months of the date of remis-
sion of the tax or the date on which the notice of accounting
was issued.

(2) Any refund under this section may be paid with interest idem,
at the rate of three per centum per annum calculated upon the
amount by which the tax remitted exceeds the amount of
tax collectable as determined in the notice of accounting,
provided that in no case shall interest be paid where the refund
of tax is less than S50.

16. Notwithstanding any prior accounting or where no Continuance
accounting has been made, the owner shall continue to be

liable for any tax which is collectable and which has not been
remitted by him under this Act.

17. Upon default of remission by any owner of any tax Recovery of
collectable by him or any penalty payable by him under this penalty.
Act,—

(a) the Treasurer may bring an action for recovery thereof

in any court in which a debt or money demand of a
similar amount may be collected, and every such
action shall be brought and executed in and by the
name of the Treasurer or his name of office and may
be continued by his successor in office as if no change
had occurred, and shall be tried without a jur\';

(b) the Treasurer may issue a warrant and direct it to

the sheriff of any county or district in which any
property of the owner is located or situate, for the
amount of the tax, interest and penalty, or any of
them owing by the owner to the Treasurer, together
with interest thereon from the date of the issue of
the warrant and the costs, expenses and poundage of
the sheriff, and such warrant shall have the same
force and effect as a writ of execution issued out of
the Supreme Court; or

enter upon the premises of the owner or any other

118

place in Ontario where the books or records of the
owner or any part of them are kept and make such
investigation and examination as he may deem
necessary, and may seize all or any of such books and
records and may, by notice in writing, require that
any i)erson who ma>' be indebted to such owner shall
pay such indebtechiess to the Treasurer.

Information jg ^,-,,. information or complaint with respect to any

or oompiuint ' -^ • . t i • i

within three violation of this Act or the regulations may be laid or made
* *"* within three years from the time when the matter of such

information or complaint arose.

poyabVe^to 10- I'^xcept where otherwise specificall>- provided, the

Treasurer, penalties imposed by this Act shall be recoverable under The
R«v^gStat.. Summary Convictions Act and shall be payable to the Treasurer.

Remedies
for recovery
of tax and
penalties.

20. The use of any remedy shall not bar or affect any other
remedy and the remedies provided by this Act for the recovery
and enforcement of payment or collection, or both, of any
tax or penalty, or both, imposed by this Act shall be in addition
to any other remedies existing by law, and no action or other
proceeding shall in any .way prejudice, limit or affect any lien,
charge or priority existing under this Act or otherwise.

ser'ving'^ ^^ 21. — (1) A notice under clause c of subsection 1 of section
notice. J 7 may be served personally or by prepaid registered post

addressed to such person at the address indicated in the books
or records of the owner, and the receipt of payment of the
amount of the indebtedness by the Treasurer shall constitute
a good and sufficient discharge of the liability of such person
to the owner to the extent of the amount indicated in the
receipt.

Liability
of debtor.

(2) Any person discharging any liability to an owner owing
ta.xes collectable by him or penalties payable by him, or both,
under this Act after the service of the notice referred to in
subsection 1 shall be personally liable to the Treasurer to the
extent of the amount of the liability discharged between such
person, and such owner or to the extent of the amount of
taxes collectable by such owner, or interest and penalties
payable by him, or both, owing under this Act, whichever is
the lesser amount, and the Treasurer shall have the same
remedies for the recovery of such amount from such person
as he has for the recovery from the owner of a tax collectable
or penalty payable by him under this Act.

Priority
of tax.

22. Every tax collectable and every penalty payable by
any owner under this Act shall be a first lien and charge upon
his property in Ontario.

118

23. Every person who violates any of the provisions of^®jJ^®.^^^
this Act or the regulations for which no other penalty is
provided, shall be guilty of an offence and liable to a penalty

of not less than $50 and not more than $500.

24. The Lieutenant-Governor in Council may make regu- Regulations.
lations, —

(a) authorizing or requiring the Deputy Treasurer or any
other officer of the Treasury Department to exercise
any power or perform any duty conferred or imposed
upon the Treasurer by this Act;

(b) providing for the collection of the tax imposed under

this Act by the issuance of tickets wherever it is
deemed advisable;

payment and the owner from the collection of the tax
that would otherwise be payable and collectable
under this Act where the Treasurer, in his absolute
discretion, determines that the entertainment given,
amusement provided or game played is for religious,
charitable or educational purposes; and

{d) respecting any other matter necessary or advisable to
carry out effectively the purpose of this Act.

25. Declarations or affidavits in connection with returns Declarations
under this Act may be taken before any person having author- affidavits,
ity to administer an oath, or before any person specially
authorized for that purpose by the Lieutenant-Governor in
Council, but any person so specially authorized shall not

charge any fee therefor.

26. — (1) No person employed in the service of His Majesty secrecy,
shall communicate or allow to be communicated to any person
not legally entitled thereto, any information obtained under
this Act, or allow any such person to inspect or have access to
any written statement furnished under this Act.

(2) Any person violating the provisions of this section Penalty,
shall be guilty of an offence and liable to a penalty of not more
than $200.

27. This Act shall come into force on a day to be named by commen^ej^
the Lieutenant-Governor by his Proclamation.

28. This Act may be cited as The Hospitals Tax Act, 1948. short title.

118

l~t

"^Z

3 o

< E-

t\>

C o
cr "*. cfl

BI]

e a T
or G
licH

►1

O n dJ "

Pi.

C/l fD s/ |-H

1— »

Amusements
Aid to

Is.

No. 118

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to impose a Tax on Amusements to Provide for Greater Aid

to Public Hospitals.

Mr. Frost

TORONTO

Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty

No. 118 1948

BILL

An Act to impose a Tax on Amusements to Provide
for Greater Aid to Public Hospitals.

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

1. In this Act, — interpreta-

tion,—

(a) "admission" includes enti y to any place of amusement "admission'
where any charge is made or fee is collected after

entry;

(b) "Controller" means the Controller of Revenue; ie?"!'*'"''^'

• ■■ II.

amusement in Ontario;

(d) "place of amusement" means any theatre, moving- amuse-^*^
picture hall, dance hall, amusement hall, concert "^®°*"'
hall, music hall, circus, side-show, carnival, amuse-
ment park, race-course, baseball park, athletic park,
skating rink, or place at or in which an exhibition

(e) "price of admission" includes any charge made or fee admission";

collected after admission to a place of amusement,
and any charge made in a place of amusement for
meals or refreshments that are served in conjunction
with any dance, performance or entertainment;

118

"purchuser";

"regula-
tions";

(/) "purchaser" means any person who purchases admis-
sion to any place of amusement;

(g) "regulations" mean regulations made under the
authority of this Act; and

"Trettaurer".
Licences.

(h) "Treasurer" means the Treasurer of Ontario.

2. — (1) No owner shall sell admission to a place of amuse-
ment unless a licence therefor has been, upon his application,
issued to him under this Act, and unless such licence is in force
at the time of sale.

Expiry.

(2) Such licence shall remain in force until the 31st day of
March next following the date of issue.

Application. (3) jj^g application for such licence shall be filed with the
Controller.

i?cenc 's* °^ ' ('^^ Such Hcencc shall be granted by the Treasurer or by
such officer as he may appoint, upon payment by the owner of
$1 to the Treasurer for the use of His Majesty in right of
Ontario.

oMiceifceT (^^ Such licence shall be placed in public view in the office of
the owner at which admission is sold to the purchaser.

onfcences"" ^^^ ^^^ Treasurer may cancel or suspend the licence of,
or ma\' refuse to issue a licence to, any owner who has been
found guilty of an offence under this Act.

Information.

Tax.

Disposition
of tax.

1948. c.

(7) The application for a licence shall contain the name and
address of the owner; and if such owner is a partnership, the
names and addresses of each partner; and if the owner is a
corporation, club, association or syndicate, the name and
address of the president, if he resides in Ontario, and if not,
the name and address of its resident manager or representative,
and the address of its chief place of business in Ontario.

3. Every purchaser shall pay to the Treasurer for the use of
His Majesty in right of Ontario a tax at the rate of twenty
per centum calculated upon the price of admission charged
by the owner, and, in the calculation, every fraction of less
than one-half cent shall not be counted and every fraction of
one-half cent or more shall be counted as one cent.

4. — (1) The taxes paid under this Act, less the expenses of
collection thereof shall be paid into the fund established under
The Hospitals Aid Act, 1948.

ex°pl*n^8." ^2) ^^^^ expenses of collecting the taxes imposed by this

Act shall be paid out of the Consolidated Revenue Fund, and

118

at the end of each fiscal year the Consolidated Revenue Fund
shall be reimbursed for the sums so paid out from the taxes
imposed by this Act.

5.— (1) Every owner shall, as the agent of the Treasurer, Collection.
collect the tax imposed by this Act.

(2) For the purpose of collecting the tax, the Treasuier Arrange-
may enter into such arrangement with each owner as he mayc"fiec^tio°n.
deem expedient and may provide for the payment of such
remuneration to each owner as he may deem proper.

6. Every owner shall inform every purchaser of the price or Price of
prices of admission to his place of amusement and of thcandtfax""
amount of the tax to be paid by the purchaser by placing in
public view at the office of the owner where admission may be
purchased a schedule showing such price or prices and the
amount of such tax.

7. Every owner shall, upon the request of the purchaser, Saie
deliver to him a writing showing his name, his address, j-^g ^"^^o^^®^-
number of his licence issued under this Act, the price of
admission charged to the purchaser, and separately stated,

the amount of the tax payable or paid by the purchaser.

8. No owner shall advertise or hold out or state to the Absorption
public or to any purchaser, directly or indirectly, that the tax prohibited.
or any part thereof imposed by this Act will be assumed or
absorbed by the owner or that it will not be considered as an
element in the price to the purchaser or, if added, that it or

any part thereof will be refunded.

9. — (1) Where special circumstances exist, whether of a Exemptions.
religious, charitable or educational nature or otherwise, the
Lieutenant-Governor in Council may, upon application of the
owner made to the Treasurer at least ten days before the tax
would otherwise be payable, exempt the purchaser from pay-
ment and the owner from collection of the tax imposed by
this Act.

(2) Where it is shown to the satisfaction of the Treasurer Entertain-
that the tax calculated on the price of admission to a place of religious,
amusement at or in which an entertainment has been held for or educa-^
the purpose of raising funds for religious, charitable or educa- pos"es! ^^^'
tional purposes, was collected and paid to the Treasurer in
accordance with this Act, and where the owner files with the
Controller a statement, verified by his affidavit, giving in
detail all receipts and expenses in connection with the enter-
tainment and the receipt of the organization to which the
proceeds were donated acknowledging receipt of such proceeds
is attached thereto, and where the Treasurer is satisfied that

118

Monthly
returns.

Verification
of returns.

Penalty for
sale of ad-
mission
unless
licensed.

(2) The return shall be verified b>- the certificate of the
owner, and, if the owner is not an individual, of his president
or his resident manager or representative in Ontario, certi-
fying that the financial statements for the preceding month,
attached to the return, showing the receipts of the place
of amusement, the amount of the tax collectable under this
Act and such other information as is required, are in agreement
with the books of the owner and exhibit truly and correctly
all the business of the owner at his place of amusement during
the preceding month.

falhfre^ti*"" (2) Every purchaser who fails to pay the tax imposed
pay tax. under this Act shall be guilty of an offence and shall be liable
to a penalty of not less than $10 and not more than $200.

Penalty for
failure to
collect tax.

defaui^iJ"" (4) Every owner who fails to comply with subsection 1 of
niing return, section 10 shall pay a penalty of five per centum of the tax

collectable by such owner; provided that in no case shall such

penalty be more than $500.

(5) When any owner fails to complete the information
required on the monthly return to be delivered to the Con-
troller under subsection 1 of section 10, such owner shall be

118

Failure to

complete

return.

liable to a penalty of one per centum of the tax collectable by
him; provided that in no case shall such penalty be less than
$1 or more than $20.

(6) Every employee of an owner who permits or authorizes Penalty for
or is a party or privy to, the admission of any purchaser to a coViect tax.
place of amusement without collecting from such purchaser

the tax imposed under this Act, shall be guilty of an offence
and shall incur a penalty of not less than $20 and not more
than $500.

(7) In addition to the penalties provided by this Act, the injunction.
Treasurer may apply to a judge of the Supreme Court for an
injunction against any owner who sells admission to his place

12. The Treasurer may, before or after the time for Time for
making it, enlarge the time for making any return, return^

13. — (1) Every owner shall remit with the monthly return payment of
required by subsection 1 of section 10, the amount of the tax cofie*c^tabie.
collectable by him as shown therein.

(2) When any owner remits less than the amount of the tax where pay-
collectable as shown by the return, he shall pay interest at than amount
the rate of seven per centum per annum upon the deficiency '■®^"^'"® •
calculated from the date of default until the date of remission
to the Treasurer.

14. — (1) If the Controller, in order to enable him to make Deinand for
an accounting of the tax collectable by the owner under this information.
Act, or for any other purpose desires any information or
additional information, or a return from any owner who has
not made a return or a complete or sufficient return, he may,
by registered letter, demand from such owner or from the
president, manager, secretary, or any director, agent or
representative thereof, such information, additional informa-
tion or return, and the owner, president, manager, secretary,
or any director, agent or representative upon whom such a
demand is made shall deliver to the Controller such informa-
tion, additional information or return within thirty days
of the mailing of such registered letter.

(2) The Controller may, by registered letter, require the Production
production under oath or otherwise, by any owner or the accounts,'
president, manager, secretary, or any director, agent or repre-®*^-
sentative of such owner, or by any person, partnership, syndi-
cate, trust or company holding or paying or liable to pay any

118

portion of the income of such owner, or by any partner, agent
or official of any such person, partnership, syndicate, trust or
company, of any letters, accounts, invoices, statements or
other documents.

Books of
account to
be kept.

Penalty,

(3) If any owner fails or refuses to keep adequate books or
accounts for the purposes of ascertaining the amount of the
tax collectable by him under this Act, the Controller may
require such owner to keep such records and accounts as he
ma>' prescribe.

(4) For every default in complying with the provisions of
subsections 1 to 3 the owner or the persons, or both, in default
shall jointly and severally be liable to a penalt}- of S25 for
each day during which the default continues.

Compliance
of Treasurer

proved by
affldiivit.

(5) For the purpose of any proceedings taken under this
etc^°to^be"^'^^*^^' ^^^ facts necessary to establish compliance on the part of
the Treasurer or of the Controller with this section, as well as
the failure of any owner or ;>erson to comply with the require-
ments of this section, shall be sufficiently proven in any court
by affidavit of the Treasurer or of any officer of the Treasury
Department of Ontario.

Inquiry as
to amount
of tax col-
lectable.

Rev. Stat.,
c. 19.

Treasurer
or Control-
ler not
bound by
returns.

Notice of
accounting.

(6) Any officer authorized by the Treasurer may make
such inquiry as he may deem necessary to ascertain the
amount of any tax collectable by any owner under this Act,
and for the purposes of such inquiry, such officer shall have all
the powers and authority that may be conferred upon a Com-
missioner appointed under The Public Inquiries Act.

(7) No return or information supplied by or on behalf of
any owner shall be binding upon the Treasurer or the Con-
troller, and notwithstanding any such return or information,
or in the absence of any return or information, the Controller
may determine the amount of the tax collectable by any owner.

non-plym/nt . ^^^ '^ ^">" o^'^^r fails to remit such additional tax and

tixlf.'*'"*""*' interest within one month after the date of the mailing of the

notice of accounting, the owner shall pay, in addition to the

118

interest provided by subsection 8, interest at the rate of three
per centum per annum upon such additional tax from the
expiry of the period of one month after the date of the maiHng
of the notice of accounting to the date of remission to the
Treasurer.

15.— (1) The Treasurer may refund before or after the Refunds,
issue of the notice of accounting any amount which the owner
has remitted in excess of the taxes collectable or of the interest
or penalties payable by him, if application in writing is made
therefor by the owner within six months of the date of remis-
sion of the tax or the date on which the notice of accounting
was issued.

,(2) Any refund under this section may be paid with interest idem,
at the rate of three per centum per annum calculated upon the
amount by which the tax remitted exceeds the amount of
tax collectable as determined in the notice of accounting,
provided that in no case shall interest be paid where the refund
of tax is less than $50.

16. Notwithstanding anv prior accounting or where no Continuance

, , 1 ' 1 11,. 1 of liability.

accounting has been made, the owner shall continue to be
liable for any tax which is collectable and which has not been
remitted by him under this Act.

17. Upon default of remission by any owner of any tax Recovery of

tRX or

collectable by him or any penalty payable by him under this penalty.
Act,—

(a) the Treasurer may bring an action for recovery thereof

(b) the Treasurer may issue a warrant and direct it to

enter upon the premises of the owner or any other

118

place in Ontario where the books or records of the
owner or any part of them are kept and make such
investigation and examination as he may deem
necessary, and may seize all or any of such books and
records and may, by notice in writing, require that
any person who may be indebted to such owner shall
pay such indebtedness to the Treasurer.

or'oompVa°nt ^®' ^"V information or complaint with respect to any
within three violation of this Act or the regulations may be laid or made

within three years from the time when the matter of such

information or complaint arose.

payable ^to 10- Except where otherwise specifically provided, the
Treasurer, penalties imposed by this Act shall be recoverable under The
^*i36^*"*" Summary Convictions Act and shall be payable to the Treasurer.

Remedies
for recovery
of tax and
penalties.

20. The use of any remedy shall not bar or affect any other
remedy and the remedies provided by this Act for the recovery
and enforcement of payment or collection, or both, of any
tax or penalty, or both, imposed by this Act shall be in addition
to any other remedies existing by law, and no action or other
proceeding shall in any way prejudice, limit or affect any lien,
charge or priority existing under this Act or otherwise.

se^vln^ °^ ^^- — (^) ^ notice under clause c of subsection 1 of section
notice. 17 may be served personally or by prepaid registered post

Liability
of debtor.

(2) Any person discharging any liability to an owner owing
taxes collectable by him or penalties payable by him, or both,
under this Act after the service of the notice referred to in
subsection 1 shall be personally liable to the Treasurer to the
extent of the amount of the liability discharged between such
person, and such owner or to the extent of the amount of
taxes collectable by such owner, or interest and penalties
payable by him, or both, owing under this Act, whichever is
the lesser amount, and the Treasurer shall have the same
remedies for the recovery of such amount from such person
as he has for the recovery from the owner of a tax collectable
or penalty payable by him under this Act.

Priority
of tax.

22. Every tax collectable and every penalty payable by
any owner under this Act shall be a first lien and charge upon
his property in Ontario.

118

23. Every person who violates any of the provisions of°®'^®^^^
this Act or the regulations for which no other penalty is
provided, shall be guilty of an offence and liable to a penalty

of not less than $50 and not more than $500.

24. The Lieutenant-Governor in Council may make regu- Regulations,
lations, —

(a) authorizing or requiring the Deputy Treasurer or any
other officer of the Treasury' Department to exercise
any power or perform any duty conferred or imposed
upon the Treasurer by this Act;

(b) providing for the collection of the tax imposed under

this /\ct by the issuance of tickets wherever it is
deemed advisable;

(d) respecting any other matter necessary or advisable to
carry out effectively the purpose of this Act.

25. Declarations or affidavits in connection with returns Declarations
under this Act may be taken before any person having author- affidavits.
ity to administer an oath, or before any person specially
authorized for that purpose by the Lieutenant-Governor in
Council, but any person so specially authorized shall not

charge any fee therefor.

(2) Any person violating the provisions of this section Penalty.
shall be guilty of an offence and liable to a penalty of not more
than $200.

27. This Act shall come into force on a day to be named by Commence-
the Lieutenant-Governor by his Proclamation.

28. This Act may be cited as The Hospitals Tax Act, 1948. Short title.

118

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No. 119

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to provide for Greater Aid to Public Hospitals.

Mr. Kelley

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note

This Bill is designed for the purpose of providing for greater aid to
public hospitals.

It will become eflfective by Proclamation as soon as the Dominion
vacates the amusement tax field.

It is complementary to Bill No. 118, An Act to intposea Taxon Amuse-
ments to Provide for Greater Aid to Public Hospitals.

119

No. 119 1948

BILL

An Act to provide for Greater Aid to Public
Hospitals.

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

1. In this Act,- L"&-

(a) "dependant" means a dependant within the meaning ^j'^epen-
of The Public Hospitals Act; Rev. stat..

^ c. 390.

{h) "Fund" means Hospital Aid Fund; "Fund";

Hospitals Act applies;

(d) "Minister" means the member of the Executive "Minister";

Council to whom the administration of The Public
Hospitals Act is assigned;

(e) "municipality" means a municipality within the mean- "^,""1?!'

ing of The Public Hospitals Act;

(/■) "patient" means a patient within the meaning of r^g "patient";
Public Hospitals Act;

(g) "resident" means a resident within the meaning of The "resident";
Public Hospitals Act;

(h) "Treasurer" means Treasurer of Ontario;

'Treasurer'

(*) "treatment has the same meaning as in The Public "treatmenf
Hospitals Act.

2.— (1) There shall be a fund known as the "Hospital /^id ^i°d^^*^nd.
Fund" and there shall be kept on the books of the Treasurer
an account to be known as the "Hospital Aid Fund Account".

Payments
(2) There shall be paid mto the bund, — into Fund.

119

1048. o.

Regula-
tions.

(a) all unexpended moneys appropriated by the Legis-

lature for aid to hospitals; and

(b) all moneys collected under The Hospitals Tax Act,

1948, less the expenses of collection of such moneys,

and if the amount at the credit of the Fund is insufficient to
meet the sums required under this Act, the deficiency shall be
made up out of the Consolidated Revenue Fund.

3. — (1) The Lieutenant-Governor in Council may make
regulations, —

Idem.

Surpluseu.

Qrants in
aid.

Liability for

indigent

patients.

(o) prescribing classes of grants;

(6) prescribing methods of determining the amounts of
grants;

grants;

(d) providing for the suspension or withholding of grants
and for the making of deductions from grants;

(e) respecting any other matter necessary or advisable to

carry out effectively the purpose of this Act.

(2) The classes, groups, grades, total bed capacity and
public ward bed capacity of hospitals for the purpose of the
regulations made under subsection 1 shall be as set out from
time to time in the regulations under The Public Hospitals Act.

(3) Any moneys remaining in the P'und at the end of a
fiscal year shall be carried forward to the ensuing fiscal year.

(4) The moneys in the Fund shall be disbursed as grants
to aid hospitals and to no other purpose.

4. When any patient in a hospital is an indigent person or
a dependant of an indigent person, the municipality in which
such person was resident at the time of admission shall be
liable to the hospital for payment of the charges for treatment
of such patient at the following rates:

Rev. Stat..
0. 390.

(fl) in the case of a hospital which in the regulations
under The Public Hospitals Act is classed as a
Group A hospital, at the rate of $3 per day; and

(6) in the case of a hospital which in the regulations
under The Public Hospitals Act is classed as a
Group B hospital, at the rate of $2.50 per day; and

119

5. The Public Hospitals Act is amended as follows: Repeal.

1. Clause J of section 1 is repealed.

2. Clause gg of section 4, as enacted by section 1 of The

Public Hospitals Amendment Act, 1945, is repealed,

3. Clause h of section 4 is repealed.

4. Section 10 is amended by striking out the words

"under this Act" in the third line.

5. Section 16, as re-enacted by section 4 of The Public

Hospitals Amendment Act 1945 and amended by
section 1 of The Public Hospitals Amendment Act,
1947, is repealed.

6. Section 17 is amended by striking out the words "in

lieu of under this Act" at the end thereof.

7. Section 21 is amended by striking out the words "as

provided for in this Act" at the end thereof.

8. Subsection 1 of section 24 is amended by striking out

the words "liable under this Act" in the fifth line.

9. Subsection Ic of section 24, as enacted by section 3 of

The Public Hospitals Amendment Act, 1940, is
amended by striking out the words "as provided for
in this Act" at the end thereof.

10. Section 26 is amended by striking out the words

"under this Act" in the third and tenth lines re-
spectiveh'.

11. Section 28 is amended by striking out the words

"under this Act" in the first hne.

12. Section 31 is repealed.

13. Section 32 is repealed.

6. This Act shall come into force on a da\- to be named by ^^^^'"^^^"^^j^
the Lieutenant-Governor by his Proclamation.

7. This Act may be cited as The Hospitals Aid Act, 1948. short title.

119

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No. 119

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to provide for Greater Aid to Public Hospitals.

Mr. Kelley

TORONTO

Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty

No. 119 1948

BILL

An Act to provide for Greater Aid to Public
Hospitals.

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

1 In this Act — Interpre-

X. HI UH& i-iLL, tation. —

(a) "dependant" means a dependant within the meaning ''depen-
of The Public Hospitals Act: Rev. stat.,

c. 390.

{h) "Fund" means Hospital Aid Fund; "Fund";

Hospitals Act applies;

(d) "Minister" means the member of the Executive "Minister";

Council to whom the administration of The Public
Hospitals Act is assigned;

(e) "municipality" means a municipality within the mean-"inunici-

ing of The Public Hospitals Act;

(f) "patient" means a patient within the meaning of The "p^^^^^^" •

Public Hospitals Act;

(g) "resident" means a resident within the meaning of The "resident";

Public Hospitals Act;

> (h) "Treasurer" means Treasurer of Ontario; "Treasurer"

(i) "treatment has the same meaning as in The Public 'treatment'
Hospitals Act.

2.— (1) There shall be a fund known as the "Hospital Aid ^^j^^^^^^^d.
Fund" and there shall be kept on the books of the Treasurer
an^account to be known as the "Hospital Aid Fund Account".

(2) There shall be paid into the Fund, — into Fund.

119

1948. o.

Regula-
tions.

Idem.

Surpluses.

Orants in
aid.

Liability for

indigent

patients.

Rev. Stat.,
c. 390.

(a) all une.xijended moneys appropriated !)>• the Legis-

lature for aid to hospitals; and

(b) all moneys collected under The Hospitals lax Act,

1948, less the expenses of collection of such mone>s,

and if the amount at the credit of the Fund is insufficient to
meet the sums required under this Act, the deficiency shall be
made up out of the Consolidated Revenue Fund.

3. — (1) The Lieutenant-Governor in Council may make
regulations, —

(a) prescribing classes of grants;

(6) prescribing methods of determining the amounts of
grants;

grants;

id) providing for the suspension or withholding of grants
and for the making of deductions from grants;

(3) Any moneys remaining in the Fund at the end of a
fiscal year shall be carried forward to the ensuing fiscal year.

(4) The moneys in the Fund shall be disbursed as grants
to aid hospitals and to no other purpose.

(a) in the case of a hospital which in the regulations
under The Public Hospitals Act is classed as a
Group A hospital, at the rate of S3 per day; and

(6) in the case of a hospital which in the regulations
under The Public Hospitals Act is classed as a
Group B hospital, at the rate of $2.50 per day; and

119

5. The Public Hospitals Act is amended as follows: Repeal.

1. Clause J of section 1 is repealed.

2. Clause gg of section 4, as enacted by section 1 of The

Public Hospitals Amendment Act, 1945, is repealed.

3. Clause h of section 4 is repealed.

4. Section 10 is amended by striking out the words

"under this Act" in the third line.

5. Section 16, as re-enacted by section 4 of The Public

Hospitals Amendment Act 1945 and amended bi-
section 1 of The Public Hospitals Amendment Act,
1947, is repealed.

6. Section 17 is amended by striking out the words "in

lieu of under this Act" at the end thereof.

7. Section 21 is amended by striking out the words "as

provided for in this Act" at the end thereof.

8. Subsection 1 of section 24 is amended by striking out

the words "liable under this Act" in the fifth line.

9. Subsection Ic of section 24, as enacted by section ?> of

The Public Hospitals Amendment Act, 1940, is
amended by striking out the Nvords "as provided for
in this Act" at the end thereof.

10. Section 26 is amended by striking out the words

"under this Act" in the third and tenth lines re-
spectively.

11. Section 28 is amended by striking oul the words

"under this Act" in the first line.

12. Section 31 is repealed.

13. Section 32 is repealed.

6. This Act shall come into force on a day to be named by ^^^^'"^^^"^jj
the Lieutenant-Governor by his Proclamation.

7. This Act may be cited as The Hospitals Aid Act, 1948. Short title.

119

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No. 120

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Farm Products Grades and Sales Act.

Mr. Kennedy

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note

The provision is required in order to prevent persons transporting
farm products from one area to another from evading the inspection
requirement of the Act.

120

No. 120 1948

BILL

An Act to amend The Farm Products Grades and
Sales Act.

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

1. Section 3 of The Farm Products Grades and Sales ^c/. Rev. staf..

c 307 s 3

as amended by section 2 of The Farm Products Grades a«<i amended.
Sales Amendment Act, 1939, is further amended by adding
thereto the following subsection:

(3) The Minister may, by order, require persons in charge Minister
of farm products that are being transported from an transporters
area designated by him to proceed to a designated \q I'n^plc-^
highway inspection point and to remain there until ^'^'^ p*^^"*-
the farm products are inspected.

2. This Act shall come into force on the day upon which itcommence-

^1 T> 1 A ^ ment of Act.

receives the Royal Assent.

3. This Act ma\' be cited as The Farm Products Grades and Short title.
Sales Amendment Act, 1948.

120

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No. 120

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Farm Products Grades and Sales Act.

Mr. Kennedy

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 120 1948

BILL

An Act to amend The Farm Products Grades and
Sales Act.

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

1. Section 3 of The Farm Products Grades and Sales ^c/, Rev. stat..

c 307 s 3

as amended by section 2 of The Farm Products Grades awrf amended. '
Sales Amendment Act, 1939, is further amended by adding
thereto the following subsection :

(3) The Minister may, by order, require persons in charge Minister
of farm products that are being transported from an transporters
area designated by him to proceed to a designated \q fns°pec-*^
highway' inspection point and to remain there until *^°" point,
the farm products are inspected.

2. This Act shall come into force on the day upon which itcommence-
receives the Royal Assent. "'^"^ °^ ^^*-

3. This Act may be cited as The Farm Products Grades and short title.
Sales Amendment Act, 1948.

120

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Xo. 121

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Highway Improvement Act.

Mr. Doucett

TORONTO
Printed and Published by Baptist Johnston-
Printer TO THE King's Most Excellent Majesty

Explanatory Notes

Section 1. Subsection 7 of section 12 now reads as follows:

(7) Where a by-law has been heretofore passed for the purpose of
establishing a county road system the council of the county, with
the approval of the Lieutenant-Governor in Council, may amend
such by-law in accordance with the foregoing provisions of this
Part.

The amendment makes it clear that by-laws amending the county road
by-law may add roads to or remove roads from the county road system.

Section 2. The estimated expenditure will now be based on the
assessment roll on which taxation for the previous year has been levied.

121

No. 121 1948

BILL

All Act to amend The Highway Improvement Act.

HIS MAJESTY, b}- and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Subsection 7 of section 12 of The Highway Improvement ^^^a ^^^h'

Act is repealed and the following substituted therefor: subs.'?, re-*

enacted.

(7) Where a by-law has been passed for the purpose of o/^^^fjJws"'
establishing a county road system, the council of the

county with the approval of the Lieutenant-Governor
in Council may amend the by-law by adding roads to
or removing roads from the county road system, or
in any other manner.

(8) Where a road is removed from a county road system ^°^,g^ ^j.®^^^

pursuant to subsection 7, such road shall thereupon system.
revert or be transferred to the corporation of the
local municipality in which it is situate.

2. Section 52h of The Highway Improvement Act, as enacted ^^56,^*^52*

by subsection 1 of section 9 of The Highway Improvement '^^^^•^ g

Amendment Act, 1947, is amended by striking out the words ■^"t>^i)\
<i 1 1 1 1 , • II, • 1 -1 , amended,

that year have been or are to be levied m the eighteenth

and nineteenth lines and inserting in lieu thereof the words

"the previous year have been levied", so that the said section

shall now read as follows:

S2h. In the case of a town or village which forms part of a ^^pe^diufre
county for municipal purposes, the amount of the for calendar
estimated expenditure for any calendar year provided
for in a by-law passed under this Part shall not exceed
a sum equal to twice the amount levied upon such
town or village by the county in the previous year
under the by-law mentioned in section 12 exclusive
of any part thereof levied for the purpose of paying
off the town's or village's share of any debenture
or other debt of the county, and in all other cases the
amount of ihe estimated expenditure for any calendar

121

year shall not exceed a sum equal to ihal which would
l)e produced from the levy by the council of the city,
town or village of a rate of two mills in the dollar
upon all the rateable property in the municipality
according to the last revised assessment roll thereof
f)n which the rates of general municipal taxation for
the jirevious \ear have been levied.

men't'^ff"* ( ^' ^^^^ Act shall come into force on' the day upon which it
receives the Royal Assent.

Short title. 4. This Act may be cited as The Highway Improvement
Amendment Act, 1948.

121

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No. 121

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Highway Improvement Act.

Mr. Doucett

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 121 1948

BILL

An Act to amend The Highway Improvement Act.

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

1. Subsection 7 of section 12 of The Iltphzvav Improvement '^^^}'a ^^^'^^■^

A • 11 1 1 r II • 1 • . . ' ,• *^'- "^6' ''^ 12,

Act is repealed and the lollowing substituted therefor: subs. 7, re-

enacted.

(7) Where a by-law has been passed for the purpose of of"J®"i!j"^.®,"*
establishing a county road system, the council of the

county with the approval of the Lieutenant-Governor
in Council may amend the by-law by adding roads to
or removing roads from the county road system, or
in any other manner.

(8) Where a road is removed from a countv road svstem 2:^^^^ "^^^

^ ' 1 . p. . _ moved irom

pursuant to subsection 7, such road shall thereupon system.

revert or be transferred to the corporation of the

local municipality in which it is situate.

2. Section S2h of The Highway Improvement Act, as enacted ^^s'e.l^^MA
by subsection 1 of section 9 of The Highway Improvement l}^^^-^ 9
Amendment Act, 1947, is amended bv striking out the words •'^"^^i)-,

"... amended.

"that year have been or are to be levied" in the eighteenth
and nineteenth lines and inserting in lieu thereof the words
"the previous year have been levied", so that the said section
shall now read as follows:

hlh. In the case of a town or village which forms part of a ^x^pg'^dulfre
county for municipal purposes, the amount of the foi" calendar
estimated expenditure for any calendar year provided
for in a by-law passed under this Part shall not exceed
a sum equal to twice the amount levied upon such
town or village by the county in the previous ^-ear
under the by-law mentioned in section 12 exclusive
of any part thereof levied for the purpose of paying
off the town's or village's share of any debenture
or other debt of the county, and in all other cases the
amount of the estimated expenditure for any calendar

121

year sluiU not exceed a sum equal to that which would
be protiuced from the levy by the council of the city,
town or village of a rate of two mills in the dollar
upon all the rateable property in the municipality
according to the last revised assessment roll thereof
on which the rates of general municipal taxation for
the previous year have been levied.

ment"of"Aot '^' ^ '^'^ ^^^ shall come into force on the day upon which it
receives the Royal Assent.

Short title. 4. This Act may be cited as The Highway Improvement
Amendment Act, 1948.

121

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No. 122

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Statute Labour Act.

Mr. Doucett

TORONTO

Printed .\nd Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes

Section 1. Subsection 1 of section 10 of The Statute Labour Act is
re-enacted for clarification. The only new principle is the p)ower given in
clause e to create statute labour boards in a locality which has not been
surveyed or laid out into townships.

Section 2. Self-explanatory.

122

No. 122 1948

BILL

An Act to amend The Statute Labour Act.

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

1. Subsection 1 of section 10 of The Statute Labour ^c^.^Yt/s^Vo
as amended by subsection 1 of section 1 of The Statute Labour ^^^^/h^^- '
Amendment Act, 1945, is repealed and the following substituted
therefor :

enacted.

(1) Twentv resident landholders, — Meeting for

^ ' ' election of

road com-
, . . . missioners.

(a) m any unmcorporated township;

(6) in an\- designated part of an\- unincorporated
township;

{c) in any two or more contiguous unincorporated
townships;

{d) in any designated parts of two or more con-
tiguous unincorporated townships; or

(e) in an>- locality Avhich has not been surveyed
or laid out into townships,

shall have the right to have a public meeting called
for the purpose of electing road commissioners.

2. Subsection 1 of section 30 of The Statute Labour ^^'. ^®274^s*Vo
as re-enacted by section 12 of The Statute Labour Amendment ^^^^^-.^
Act, 1945, is amended by striking out the symbol and figures e. 23, 's. 12),
"S25" in the tenth line and inserting in lieu thereof the symbol
and figures "S50", so that the said subsection shall now read
as follows:

(1) The commissioners, at the first meeting after their Eiectk.n^of
election, shall elect one of their number as chairman and appoint-

1 I It • ment of

to preside at meetings and shall appoint some com-secretary-

treasurer.

122

petent fjerson who may be one of themselves other
than the chairman, as secretary-treasurer and the
secretary-treasurer shall .be exempt from the per-
formance of statute labour and the commissioners
may each year pay to the secretary-treasurer out of
the commutation fund such amount, not exceeding
$50, as may be fixed by resolution of the com-
missioners.

Short title.

li. This Act may be cited as The Statute Labour Amendment
Act, 1948.

122

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No. 122

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Statute Labour Act.

Mr. Doucett

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 122 1948

BILL

An Act to amend The Statute Labour Act.

HIS MAJESTY, by and witli the advice and consent of
the I>egislative Asseniblj' of the Province of Ontario,
enacts as follows:

1. Subsection 1 of section 10 of The Statute Labour Act,^^'^.^^^'^''^--^.

C. *«T4 S. iO

as amended by subsection 1 of section 1 of The Statute Labour sub>^. i, ie- '
Amendment Act, 1945, is repealed and the following substituted ^"'" °
therefor:

(1) Twenty resident landholders,— ^elftioJftff""

road corn-
, , . . missioners.

(a) in any unincorporated township;

{b) in any designated part of any unincorporated
township;

{d) in an\' designated parts of two or more con-
tiguous unincorporated townships; or

shall have the right to have a public meeting called
for the purpose of electing road commissioners.

2. Subsection 1 of section 30 of The Statute Labour ^^^> ^®2^7/*^Vo
as re-enacted by section 12 of The Statute Labour Amendment ■^^^^J^
Act, 1945, is amended by striking out the symbol and figures c. 23. 's. 12).
"$25" in the tenth line and inserting in lieu thereof the symbol

and figures "$50", so that the said subsection shall now read
as follows:

(1) The commissioners, at the first meeting after their Election of

election, shall elect one of their number as chairman and appoint-
. , . 1111 • ^ ment of

to preside at meetings and shall appoint some com -secretary-
treasurer,

122

petent person who may be one of themselves other
than the chairman, as secretary- treasurer and the
secretary-treasurer shall be exempt from the per-
formance of statute labour and the commissioners
may each year pa\' to the secretary-treasurer out of
the commutation fund such amount, not exceeding
$50, as may be fixed by resolution of the com-
missioners.

Short title. 3. Xhis Act may be cited as The Statute Labour Amendment
Act, 1948.

122

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No. 123

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act respecting Ski -tows.

Mr. Welsh

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note
This Act is new. Its provisions are self-explanatory.

123

No. 123 ]94g

BILL

An Act respecting Ski-tows.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembh- of the Province of Ontario,
enacts as follows:

1. In this Act- l^ro^J^

(a) "Minister" means Minister of Travel and Publicity "Minister";
or such other member of the Executive Council to

whom the administration of this Act may be assigned
by the Lieutenant-Governor in Council;

(b) "regulations" mean regulations made under the ''.'"^sr'ijf-
authority of this Act; and

ski-lift or other similar device.

2. The Lieutenant-Governor in Council may make regu- Reeuiations.
lations, —

(a) governing the operation of ski-tows;

(b) requiring the operators of ski-tows to file proof of

financial responsibilit>' with the Minister; and

nature and class of insurance or bond which shall be
carried or provided b\' operators of ski-tows.

3. Every person who operates a ski-tow contrary- to theOfrenws and
regulations shall be guilty of an offence and on summary
conviction shall be liable to a penalty of not less than S50

and not more than $500 or to imprisonment for a term not less
than ten days and not more than six mionths, or to both fine
and imprisonment.

4-. This Act may be cited as The Ski-tow Act, 1948. short titie.

123

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No. 123

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act respecting Ski-tows.

Mr. Welsh

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 123 194g

BILL

An Act respecting Ski-tows.

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

1. In this Act,- l^'tioT-

(a) "Minister" means Minister of Travel and Publicity "Minister";
or such other member of the Executive Council to

whom the administration of this Act may be assigned
by the Lieutenant-Governor in Council;

(b) "regulations" mean regulations made under the "/esuia-

1 • r 1 • A 1 tions";

authority or this Act; and

ski-lift or other similar device.

2. The Lieutenant-Governor in Council may make regu- Regulations,
lations, —

(a) governing the operation of ski-tows;

(b) requiring the operators of ski-tows to file proof of

financial responsibility with the Minister; and

nature and class of insurance or bond which shall be
carried or provided by operators of ski-tows.

3. Ever v person who operates a ski-tow contrary to the offences and

^ /-(• I ' penalties.

regulations shall be guilty of an offence and on summary
conviction shall be liable to a penalty of not less than $50
and not more than S500 or to imprisonment for a term not less
than ten days and not more than six months, or to both fine
and imprisonment.

4-. This Act mav be cited as The Ski-tow Act, 1948. short title.

123

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No. 124

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

The Labour Relations Act, 1948.

Mr. Daley

TORONTO

PrintedJand Published by Baptist Johnston

PrinterItoIthe King's Most Excellent Majesty

Explanatory Notes

This Bill, which would replace The Labour Relations Board Act, 1944,
The Labour Relations Board Amendment Act, 1946, and The Labour Rela-
tions Board Act, 1947, has the effect of continuing the Ontario Labour
Relations Board. The sections providing for the appointment and

grescribing the composition and rules governing the operations of the
ioard are similar to the corresponding sections of the 1944 Act, but
the Board will, under this Bill, consist of a chairman, an alternate chairman
and four members. The Bill provides for the enactment of regulations in
the same form and to the same effect as any legislation which may be
introduced at the current session of the Parliament of Canada and which
in the opinion of the Lieutenant-Governor in Council is calculated to cover
the same field as Part I of Bill 338 of the 1947 session of the Parliament
of Canada. The regulations made under the Act may depart in form and
effect from the Dominion legislation only to the extent necessary to vest
jurisdiction in the appropriate provincial authorities, to provide for a
system of appeals from the Ontario Board to the Dominion Board and to
effect a working arrangement between Dominion and provincial authorities.
Provision is made for an agreement between the Minister of Labour
(Ontario) and the Minister of Labour (Canada).

Section 2 provides for the appointment of the Board and prescribes
its powers and duties in a general way. This is similar to section 4 of the
1944 Act.

Section 3 contains several provisions governing the manner in which
the Board shall discharge its functions. Each of the provisions is self-
explanatory. This is similar to section 5 of the 1944 Act, as amended
in 1946.

124

No. 124 1943

BILL

The Labour Relations Act, 1948.

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

1. In this Act, — Interpre-

' tatioD. —

(a) "Board" means Ontario Labour Relations Board; "Board";

(b) "Minister" means Minister of Labour; and "Mmister";

1944, c. 29, s. 1, els. (a-c), amended.

2. — (1) There shall be a board to be known as the Ontario Ontario
Labour Relations Board which shall consist of a chairman Relation
and not more than four other members. Board.

(2) The Board shall exercise such powers and perform such Powersfand

,. ,. . , . duties of

duties as may be vested m or miposed upon it by this Act or Board,
the regulations. 1944, c. 29, s. 4, amended.

3. — (1) The chairman and the other members of the Board Jmce™ °^
shall be appointed by the Lieutenant-Governor in Council
and shall hold office during pleasure. 1944, c. 29, s. 5 (1),
amended.

(2) The Lieutenant-Governor in Council may appoint an Alternate

. . ^ chairman.

alternate chairman who shall act as the chairman thereof
only,—

. (a) at such times or in such matters as the chairman may
direct; and

(b) at such times as the chairman is unable to act. 1946,
c. 44, s. 3 (1), amended.

(3) Each member of the Board shall, before acting as such, 0^^.°^
take and subscribe before the Clerk of the Executive Council

124

OOloe.

Quorum.

Decision.

Powers re

«r|tl

and shall file in the office of such Clerk, an oath of office in
the following form :

"I do solemnly swear that I will faithfully, truly and impartially,
to the best of my judgment, skill and ability, execute and perform
the office of meml>er (or chairman or alternate chairman) of the
Ontario Labour Relations Board and will not, except in the discharge
of my duties, disclose to any person any of the evidence or any other
matter brought before the said Board. So help me God."

1944, c. 29, s. 5 (8) ; 1946, c. 44, s. 3 (2).

(4) The office of the Board shall be in Toronto, but the
Board may sit at such other places as it deems expedient.

(5) A majority of the members of the Board shall constitute
a quorum.

(6) A decision of the majority of the members of the
Board present and constituting a quorum shall be the decision
of the Board, and in the event of a tie the chairman or acting
chairman shall have a casting vote. 1944, c. 29, s. 5 (2-4).

(7) The Board and each member thereof shall have the
power of summoning any person and requiring him to give
evidence on oath before the Board and to produce such docu-
ments and things as may be deemed requisite for the full
investigation of an>- matter coming before the Board and shall
have the like power to enforce the attendance of witnesses
and to compel them to give evidence and to produce docu-
ments and things as is vested in any court in civil cases.
1944, c. 29, s. 5 (5), amended.

Brtdence. (3) fhe Board and each member thereof may receive and

accept such evidence and information on oath, affidavit or
otherwise as in its or his discretion it or he may deem fit and
proper whether admissible as evidence in a court of law or not.
1944, c. 29, s. 5 (6).

Procedure. (9) Subject to the approval of the Lieutenant-Governor
in Council, the Board may make rules governing its procedure
which are not inconsistent with the regulations and ma\' by
such rules provide for the taking of votes on the premises of
employers during working hours. 1944, c. 29, s. 5 (7),
amended.

Powers of
Board.

4. If in any proceeding before the Board a question arises
as to whether, —

(a) a person is an employer or employee;

(6) an organization or association is an employers*
organization or a trade union ;

Section 4 prescribes certain specific powers of the Board which are set
out in the various clauses. It is similar to subsection 1 of section 61 of
Bill 338.

124

Skction 5 is self-explanatory,
of the 1944 Act.

This section is similar to section 11

Section 6 is self-explanatory.

Section 7, subsection 1 authorizes the making of regulations in the
same form and to the same effect as Dominion legislation therein indicated,
with only such variations as may in the opinion of the Lieutenant-Governor
in Council be neccssiiry for the purposes indicated in clauses a, b and c.
Subsection 2 is a further but much more restricted authority for the making
of regulations. It is similar to subsection 1 of section 67 of Bill 338.

124

into and the terms thereof and the persons who are
parties to or are bound by the collective agreement
or on whose behalf the collective agreement was
entered into;

(d) a collective agreement is by its terms in full force and
effect ;

(e) any party to collective bargaining has failed to meet

and commence to bargain collectively with the other
party and made every reasonable effort to conclude
a collective agreement or a renewal or revision of an
agreement or a new collective agreement, as the case
may be;

(/) a group of employees is a unit appropriate for collec-
tive bargaining;

(g) an emplo} ee belongs to a craft or group exercising
technical skills; or

(h) a person is a member in good standing of a trade
union,

the Board shall decide the question and, subject to such right
of appeal as may be provided by the regulations, its decision
shall be final and conclusive. New.

5. Subject to such right of appeal as may be provided by Orders, etc.
the regulations, the orders, decisions and rulings of" the Board final,
shall be final and shall not be questioned or reviewed nor shall

an\- proceeding before the Board be removed, nor shall the
Board be restrained, by injunction, prohibition, mandamus,
quo warranto, certiorari or otherwise by any court, but the
Board may, if it considers it advisable to do so, reconsider any
decision or order made by it and may vary or revoke any such
decision or order. 1944, c. 29, s. 11, amended.

6. The Lieutenant-Governor in Council may appoint a officials and
Registrar and such other officials and employees as may be®"^^"^®®®*
required for the purposes of the Board. 1944, c. 29, s. 6 (1),
amended.

7. — (1) Subject to section 9, the Lieutenant-Governor in Regulations.
Council may make regulations that shall be applicable to all
employees whose relations with their employers are ordinarily
within the exclusive legislative jurisdiction of this Legislature
to regulate in the manner provided by such regulations, and
to the employers thereof, provided that such regulations shall
be in the same form and to the same effect as that part of any
Act that may be passed by the Parliament of Canada at the

124

Idem.

session currently in progress, which is designated by the
Lieulenant-Governor in Council as being in his opinion legis-
lation calculated to cover the same legislative field as Part I
of a Bill entitled An Act to provide for the Investigation, Con-
ciliation and Settlement of Industrial Disputes introduced in
the House of ('opinions of Canada by the Minister of Labour
for Canada on the 17th day of June, 1947, and thereupon
designated as Bill number 338, with only such variations as
may, in the opinion of the Lieutenant-Governor in Council,
be necessary, —

(a) to vest jurisdiction for the administration thereof
in the appropriate authorities of the IVovince of
Ontario;

(6) pursuant to any agreement made under section 8,

(i) to authorize the appropriate Dominion author-
ities to exercise such powers and discharge
such duties as may be conferred or imposed
by the regulations with respect to such classes
of employees as may be therein designated,
and the employers thereof,

(ii) to authorize the appropriate authorities of
the Province of Ontario to exercise such powers
and discharge such duties as may be con-
ferred or imposed by or under the legislation
of the Parliament of Canada above referred
to with respect to such classes of employees
as may be therein designated and the em-
ployers thereof, and

(iii) to provide for appeals from the decisions of
the Board to any board which may be created
by the legislation of the Parliament of Canada
above referred to; and

(c) to provide for the utilization by the appropriate
authorities of the Province of Ontario of any class
of employees of the Government of Canada engaged
in the administration of the legislation of the Parlia-
ment of Canada above referred to, and for the
utilization by the appropriate Dominion authorities
of any class of emplo>ees of the Government of
Ontario engaged in the administration of this Act.

(2) In addition to the regulations made under subsection 1,
the Lieutenant-Governor in Council may make regulations, —

(a) prescribing the time within which anything author-
ize<l by or under this Act shall be done;

124

Section 8 is self-explanatory.

Section 9 is self-explanatory. With the exception of clause d, which
is new, the section is similar to section 10 of the 1944 Act.

ECTION 10 is self-explanatory.

Section 11 provides for the repeal of the Acts of 1944, 1946 and 1947,
making all necessary provisions for continuing in force outstanding certifi-
cations. Subsection 2 makes necessary provisions for the continuation of
pending proceedings.

124

(b) excluding an employer or employee or any class of

employers or employees from the regulations or any
of the provisions thereof; and

of this Act into effect. New.

8. Subject to the approval of the Lieutenant-Governor in Agreement
Council, the Minister may enter into such agreement with the Dominion.
Minister of Labour for Canada as he may deem necessary

for the purposes of this Act. 1944, c. 29, s. 3, amended.

9. This Act and the regulations shall not apply to, — ^tTo ^°*

apply.

(a) the industry of farming;

(b) domestic servants employed in private homes;

The Police Act, 1946,

(k) members of a fire department within the meaning of
The Fire Departments Act, 1947;

{e) any municipal corporation, board of public school
trustees, board of separate school trustees, high school
board, board of education or any board or commission
created or established b\' a municipal corporation
pursuant to statutory authority unless such municipal
corporation, board or commission has by by-law,
if it has power to pass by-laws, or by resolution or
minute, declared this Act applicable thereto and to
its employees or any section thereof and any such
by-law, resolution or minute may be revoked by a
subsequent by-law, resolution or minute, as the case
may be. 1944, c. 29, s. 10, amended.

10. The salaries and expenses of the chairman, alternate Expenses of
chairman and members of the Board and of the Registrar, tion.'
officials and employees of the Board and all other expenses
incurred in the administration of this Act shall be paid out of

such moneys as may be appropriated therefor by this Legis-
lature. 1944, c. 29, s. 6 (2), amended.

1 1.— (1) The Labour Relations Board Act, 1944, The Labour \l\l' «• fS:
Relations Board Amendment Act, 1946, and The -^«^o«r J|47^jC^54.
Relations Board Act, 1947, are repealed, but for the purposes
of this Act where collective bargaining representatives are
certified under The Labour Relations Board Act, 1944, either
before or after the coming into force of this Act, the trade
union or employees' organization which petitioned for the

124

oertmca^'"* Certification of such bargaininjj representatives shall be deemed
tioHH. to have been certified as the bargaining agency for the unit or

group of employees specified in the certificate issued by the
Board as of the date of such certification, and such certifica-
tion shall be deemed to have the same effect as if this Act had
been in force prior thereto.

\?Ai-°AA' (2) Notwithstanding subsection 1, The Labour Relations

1946, o. 44 ; ^ ' '^

1947. c. 54. Board Act, 1944, The Labour Relations Board Amendment Act,
HI force for 1946, and The Labour Relations Board Act, 1947, shall con-
proc«e«finKH. tinue in full force and effect so far as may be necessary for the

purpose of continuing any proceedings pending thereunder
on the da\ when this Act is proclaimed in force.

]?*20.^'*"*"* ^^- ^^^ Industrial Disputes Investigation Act is repealed.

repealed.

Commence- 13. This Act shall come into force on a day to be named by
■ the Lieutenant-Governor by his Proclamation.

Short title. 14. This Act ma\- be cited as The Labour Relations Act,
1948.

124

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No. 124

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

The Labour Relations Act, 1948.

Mr. Daley

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 124 1943

BILL

The Labour Relations Act, 1948.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembh- of the Province of Ontario,
enacts as follows:

1. In this Act,- . , l-i^rpre-

(a) "Board" means Ontario Labour Relations Board; "Board";

(b) "Minister" means Minister of Labour; and "Minister'

1944, c. 29, s. 1, els. (a-c), amended.

2. — (1) There shall be a board to be known as the Ontario Ontario
Labour Relations Board which shall consist of a chairman Relation
and not more than four other members. Board.

(2) The Board shall exercise such powers and perform such dutierif '^'^
duties as may be vested in or imposed upon it by this Act or Board.
the regulations. 1944, c. 29, s. 4, amended.

3. — (1) The chairman and the other members of the Board office!^^ °
shall be appointed by the Lieutenant-Governor in Council
and shall hold office during pleasure. 1944, c. 29, s. 5 (1),
amended.

(2) The Lieutenant-Governor in Council may appoint an^jj*^^^^*®
alternate chairman who shall act as the chairman thereof

only, —

(a) at such times or in such matters as the chairman may
direct; and

{b) at such times as the chairman is unable to act. 1946,
c. 44, s. 3 (1), amended.

(3) Each member of the Board shall, before acting as such , offlce.°'
take and subscribe before the Clerk of the Executive Council

124

Office.

Quorum.

Decision.

Powers re
witnesses.

Evidence.

Procedure.

and shall file in the office of such Clerk, an oath of office in
the following form:

"I do solemnly swear that I will faithfully, truly and impartially,
to the best of my judgment, skill and ability, execute and perform
the office of member (or chairman or alternate chairman) of the
Ontario Labour Relations Board and will not, except in the discharge
of my duties, disclose to any p)erson any of the evidence or any other
matter brought before the said Board. So help me God."

1944, c. 29, s. 5 (8); 1946, c. 44, s. 3 (2).

(4) The office of the Board shall be in Toronto, but the
Board may sit at such other places as it deems expedient.

(5) A majority of the members of the Board shall constitute
a quorum.

(7) The Board and each member thereof shall have the
power of summoning any person and requiring him to give
evidence on oath before the Board and to produce such docu-
ments and things as may be deemed requisite for the full
investigation of any matter coming before the Board and shall
have the like power to enforce the attendance of witnesses
and to compel them to give evidence and to produce docu-
ments and things as is vested in any court in civil cases.
1944, c. 29, s. 5 (5), amended.

(8) The Board and each member thereof may receive and
accept such evidence and information on oath, affidavit or
otherwise as in its or his discretion it or he may deem fit and
proper whether admissible as evidence in a court of law or not.
1944, c. 29, s. 5 (6).

(9) Subject to the approval of the Lieutenant-Governor
in Council, the Board may make rules governing its procedure
which are not inconsistent with the regulations and may by
such rules provide for the taking of votes on the premises of
employers during working hours. 1944, c. 29, s. 5 (7),
amended.

Powers of
Board.

4. If in any proceeding before the Board a question arises
as to whether, —

(o) a person is an employer or employee;

(6) an organization or association is an employers'
organization or a trade union ;

124

into and the terms thereof and the persons who are
parties to or are bound by the collective agreement
or on whose behalf the collective agreement was
entered into;

{d) a collective agreement is b\- its terms in full force and
effect ;

(e) any party to collective bargaining has failed to meet
and commence to bargain collectively with the other
party and made every reasonable effort to conclude
a collective agreement or a renewal or revision of an
agreement or a new collective agreement, as the case
may be;

(/) a group of employees is a unit appropriate for collec-
tive bargaining;

ig) an employee belongs to a craft or group exercising
technical skills; or

{h) a person is a member in good standing of a trade
union,

the Board shall decide the question and, subject to such right
of appeal as may be provided by the regulations, its decision
shall be final and conclusive. New.

5. Subject to such right of appeal as may be provided by Orders, etc.
the regulations, the orders, decisions and rulings of the Board flnai?^"^
shall be final and shall not be questioned or reviewed nor shall

any proceeding before the Board be removed, nor shall the
Board be restrained, by injunction, prohibition, mandamus,
quo warranto, certiorari or otherwise by any court, but the
Board may, if it considers it advisable to do so, reconsider any
decision or order made by it and may vary or revoke any such
decision or order. 1944, c. 29, s. 11, amended.

6. The Lieutenant-Governor in Council may appoint a officials and
Registrar and such other officials and employees as may be®"^'^'°^®®^"
required for the purposes of the Board. 1944, c. 29, s. 6 (1),
amended.

124

session currently in progress, which is designated by the
Lieutenant-Governor in Council as being in his opinion legis-
lation calculated to cover the same legislative field as Part 1
of a Bill entitled An Act to provide for the Investigation, Con-
ciliation and Settlement of Industrial Disputes introduced in
the House of Commons of Canada by the Minister of Labour
for Canada on the 17th day of June, 1947, and thereupon
designated as Bill number 338, with only such variations as
may, in the opinion of the Lieutenant-Governor in Council,
be necessary, —

(a) to vest jurisdiction for the administration thereof
in the appropriate authorities of the Province of
Ontario;

(b) pursuant to any agreement made under section 8,

(i) to. authorize the appropriate Dominion author-
ities to exercise such powers and discharge
such duties as may be conferred or imposed
by the regulations with respect to such classes
of employees as may be therein designated,
and the employers thereof,

(iii) to provide for appeals from the decisions of
the Board to any board which may be created
by the legislation of the Parliament of Canada
above referred to; and

authorities of the Province of Ontario of any class
of employees of the Government of Canada engaged
in the administration of the legislation of the Parlia-
ment of Canada above referred to, and for the
utilization by the appropriate Dominion authorities
of any class of employees of the Government of
Ontario engaged in the administration of this Act.

'**"'"• (2) In addition to the regulations made under subsection 1,

the Lieutenant-Governor in Council may make regulations, —

(a) prescribing the time within which anything author-
ized by or under this Act shall be done;

124

(b) excluding an employer or employee or any class of

employers or employees from the regulations or any
of the provisions thereof; and

of this Act into effect. New.

8. Subject to the approval of the Lieutenant-Governor in Agreement
Council, the Minister may enter into such agreement with the Dominion.
Minister of Labour for Canada as he may deem necessary

for the purposes of this Act. 1944, c. 29, s. 3, amended.

9. This Act and the regulations shall not apply to,— JJ^tYo® ^^^

apply.

(a) the industry of farming;

(b) domestic servants employed in private homes;

The Police Act, 1946,

(k) members of a fire department within the meaning of
The Fire Departments Act, 1947;

(e) any municipal corporation, board of public school
trustees, board of separate school trustees, high school
board, board of education or any board or commission
created or established by a municipal corporation
pursuant to statutory authority unless such municipal
corporation, board or commission has by by-law,
if it has power to pass by-laws, or by resolution or
minute, declared- this Act applicable thereto and to
its employees or any section thereof and any such
by-law, resolution or minute may be revoked by a
subsequent by-law, resolution or minute, as the case
may be. 1944, c. 29, s. 10, amended.

10. The salaries and expenses of the chairman, alternate Expenses of
chairman and members of the Board and of the Registrar, tion'.''^^^ ^^'
officials and employees of the Board and all other expenses
incurred in the administration of this Act shall be paid out of

such moneys as may be appropriated therefor by this Legis-
lature. 1944, c. 29, s. 6 (2), amended.

11.— (1) The Labour Relations Board Act, 1944, The Labour \l\l' ^- fSj
Relations Board Amendment Act, 1946, and The ^^^^'^^ repealed ^^"
Relations Board Act, 1947, are repealed, but for the purposes
of this Act where collective bargaining representatives are
certified under The Labour Relations Board Act, 1944, either
before or after the coming into force of this Act, the trade
union or employees' organization which petitioned for the

124

S>rt*flott?*°' certification of such bargaining representatives shall be deemed
tions. to have been certified as the bargaining agenc>- for the unit or

group of employees specified in the certificate issued b\ the
Board as of the date of such certification, and such certifica-
tion shall be deemed to have the same effect as if this Act had
been in force prior thereto.

1944. O. 29:
1946, 0. 44;
•1947, c. 64,
continued
In force for
pending
proceeaings.

(2) Notwithstanding subsection 1, The Labour Relations
Board Act, 1944, The Labour Relations Board A7nendment Act,
1946, and The Labour Relations Board Act, 1947, shall con-
tinue in full force and effect so far as may be necessary for the
purpose of continuing any proceedings pending thereunder
on the day when this Act is proclaimed in force.

Rev. Stat.,
c. 203.
repealed.

12. The Industrial Disputes Investigation Act is repealed.

Commence- 13. This Act shall come into force on a day to be named by

ment of Act.

the Lieutenant-Governor by his Proclamation.

Short title. 14. This Act may be cited as The Labour Relations Act,
1948.

124

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No. 125

4th Session, 22nd Legislaturk, Ontario
12 George VI, 1948

BILL

An Act to assist the Development of Housing Accommodation.

Mr. Porter

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note

This Bill is designed to stimulate the construction of low-cost housing
accommodation by easing the financial aspects thereof.

125

No. 125 1948

BILL

An Act to assist the Development of Housing
Accommodation.

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

1. In this Act,— tfon.— ®'*"

(a) "building development" means a project designed to "building
furnish housing accommodation with or without mentor
public" buildings, recreational facilities, industrial

and commercial buildings or space appropriate there-
for, and includes a plan for the re-development of
land devoted to urban uses designed to increase and
improve the housing accommodation thereon; and

(b) "building development corporation" means a corpora- ^''^"^j'**'^^

tion authorized to undertake a building development corpora-
that is approved by the Lieutenant-Governor in
Council, and includes any authority established by a
municipality to undertake a building development.

2. The Lieutenant-Governor in Council may guarantee Qovern-
money loaned to persons by corporations authorized to loan guara^ee
money where the money so loaned is to be used in the construe- ioom.^^
tion of housing accommodation.

3. The Lieutenant-Governor in Council may make grants Qovemmen

may make
in aid of any building development. grants.

4. The Lieutenant-Governor in Council may advance ^o^e^[^e"t
moneys or guarantee moneys to be advanced to any building 'n financing,
development corporation undertaking a building development.

5. Notwithstanding any other Act heretofore passed, any Munkj^pau-
municipality, with the approval of the Lieutenant-Governor aretetjn^
in Council, may advance moneys or guarantee moneys to be
advanced to any building development corporation under-
taking a building development, and may issue debentures
therefor.

125

Oovernment Q 'f^g nionevs reqiiiretl b>' the Lieutenant-Governor in

rnonoys to

b« pafd out Council for the purmses of this Act shall be paid out of the

of Con. Rev. ,,,.,,»-»,•,
Fund. ( onsohclated Kevenue rund.

^i***.°/* 7. The cost of administration of this Act shall be paid out of

HdmlniittrH- • •-» i- i

tion. the Consolulated Kevenue rund.

t^on^'oVA^t' *• ^'^'s Ac* ^^•'^^' ^ administered by the Minister of
Planning and Development or such other member of the
Kxecutive Council to whom it may be assigned by the Lieu-
tenant-Co vernor in ( ouncil.

Regulations, g yj^^ Lieutenant-Covemor in Council may make regu-
lations,—

(a) prescribing the terms and conditions upon which
money may be granted, advanced or guaranteed
under this Act; and

(b) providing for the incorporation, constitution and

management of building development authorities.

ment"of'A^t. *^- ^^'^ ^^^ ^^^^^ ^^"^^ '"^" ^^^^^ o" the day upon which it
receives the Royal Assent.

Short title. 11 This j^^^ ^gy ^ cited as The Housing Development
Act, 1948.

125

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No. 125

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to assist the Development of Housing Accommodation.

Mr. Porter

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 125

1948

BILL

An Act to assist the Development of Housing
Accommodation.

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

1. In this Act,— tk)n.— ®**'

(a) "building development" means a project designed to "building
furnish housing accommodation with or without ment°r
public buildings, recreational facilities, industrial

(b) "building development corporation" means a corpora- ^'building

2. The Lieutenant-Governor in Council may guarantee Govem-
money loaned to persons by corporations authorized to loan guarantee
money where the money so loaned is to be used in the construe- loa^'f^
tion of housing accommodation.

3. The Lieutenant-Governor in Council may make grants Government

■^ may make

m aid of any building development. grants.

4. The Lieutenant-Governor in Council may advance Oo^e^'^^e'^t
moneys or guarantee moneys to be advanced to any building in financing,
development corporation undertaking a building development.

5. Notwithstanding any other Act heretofore passed, any ^unjcnpaii-
municipality, with the approval of the Lieutenant-Governor a^^st^jn^
in Council, may advance moneys or guarantee moneys to be
advanced to any building development corporation under-
taking a building development, and may issue debentures
therefor.

125

oovernment Q f^e moneys required by the Lieutenant-Governor in
be paid out Council for the purposes of this Act shall be paid out of the

of Con. Rev. _, ,. , , r. t- j

Fund. Consolidated Revenue hund.

^^\ °/* 7. The cost of administration of this Act shall be paid out of

aaminlBtra- t» t-- j

tion. the Consolidated Revenue rund,

tio^of'AoT *• ^^^^ ^^^ ^^^^^ ^^ administered by the Minister of
Planning and Development or such other member of the
Executive Council to whom it may be assigned by the Lieu-
tenant-Qovernor in Council.

R«guiationB. g jj^^ Lieutenant-Govemor in Council may make regu-
lations,—

(a) prescribing the terms and conditions upon which
money may be granted, advanced or guaranteed
under this Act; and

(b) providing for the incorporation, constitution and

management of building development authorities.

ment'of'A^t ^^' ^^^^ -^^t shall come into force on the day upon which it
receives the Royal Assent.

Short title.

11. This Act may be cited as The Housing Development
Act, 1948.

125

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No. 126

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

The Milk Control Act, 1948.

Mr, Kennedy

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note

This Bill consolidates The Milk Control Act and the various amend-
ments that have been made from time to time.

In order to separate the administrative functions of The Milk Control
Board of Ontario from its cjuasi-judicial functions, provision is made for
the appointment of an admmistrative officer.

Provision is made for the establishment of marketing agencies to repre-
sent the milk producers in a market.

Existing collective bargaining agreements and awards of boards of
arbitration are continued in force.

References indicating the provisions that are new and the source of
the provisions carried forward from the present Act are to be found at the
end of each provision.

126

No. 126 1948

BILL

The Milk Control Act, 1948.

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

1. In this Act, — interpre-

tation,—

(a) "agreement" means an agreement made by collective "agree-
bargaining representatives under this Act; '"®°* '

{b) "award" means an award made by a board of arbitra- "award";
tion under this Act ;

(d) "distributor" means a person engaged in the business "distri-
of distribut
consumers ;

of distributing milk either directly or indirectly to " °^

(e) "field-men" means field-men appointed by the-fleidmen";
Lieutenant-Governor in Council under this Act;

(J) "inspector" means an inspector appointed by a "inspector";
marketing agency;

(g) "licence" means a licence provided for in the regu- "licence":
lations;

(h) "market" means the market named in an agreement "market";
or award or the market supplied with milk by the
producers represented by a marketing agency or by
an association;

(i) "marketing" includes advertising, buying, selling, j|market-
offering for sale, transporting, shipping and dis-
tributing milk;

(j) "marketing agency" means a marketing agency estab- "marketing
lished under this Act;

126

•milk"; (jt) "milk" includes cream and such products of milk or

cream as are manufactured or processed in any form,
other than butter and cheese;

"Minister";
"processor";

"rwgula-
ttoM":

(/) "Minister" means the Minister of Agriculture;

(m) "processor" means a person engaged in the business
of processing milk or manufacturing milk products,
other than butter and cheese;

(n) "regulations" mean regulations made under this
Act; and

"trans-
porter".

(o) "transporter" means a person engaged in the business
of transporting milk from a producer to a processor
or distributor. R.S.O. 1937, c. 76, s. 1, amended.

troi'soard 2. — (1) The body corporate heretofore established and
continued known as "The Milk Control Board of Ontario" is continued.
R.S.O. 1937, c. 76, s. 2 (1), amended.

Constitu-
tion of
Board.

Chairman.

Quorum.

(2) The Board shall consist of one or more members who
shall be appointed by the Lieutenant-Governor in Council
and shall hold office during pleasure. R.S.O. 1937, c. 76,
s. 2 (2), part.

(3) Where more than one member is appointed the Lieu-
tenant-Governor in Council shall designate one of the members
as chairman. R.S.O. 1937, c. 76, s. 2 (2), part.

(4) Where the Board consists of four or more members
three members shall constitute a quorum. 1944, c. 36, s. 1,
amended.

3. — (1) The staff of the Board shall consist of an adminis-
trative officer and such otherofficers, field-men, clerks, stenog-
raphers and employees as the Lieutenant-Governor in Council
may appoint. R.S.O. 1937, c. 76, s. 2 (4), amended.

and*cont'roi (2) The administrative officer shall be under the direction
of staff. ^^^ control of the Board and the officers, field-men, clerks,

stenographers and employees shall be under the direction and

control of the administrative officer. New.

Salaries.

Powers of
Board.

4. The members, the administrative officer and the officers,
field-men, clerks, stenographers and employees shall be paid
such salaries or other remuneration and expenses as the
Lieutenant-Governor in Council may determine. R.S.O.
1937, c. 76, s. 2 (3, 4), amended.

5. — (1) The Board may, —
126

(a) upon its own initiative or upon complaint, inquire
into any matter relating to the production, trans-
portation, processing, distribution or sale of milk;

(b) arbitrate, adjust and settle disputes arising between

or among producers, transporters, processors and
distributors of milk;

cessing and distributing milk, prices, price spreads,
trade practices, methods of financing, management,
testing, weighing and any other matter relating to
the marketing of milk;

(d) prohibit distributors compelling or inducing pro-
ducers to invest money either directly or indirectly
in a dairy plant or equipment in order that such
producers may obtain or retain a sale for their milk;

(e) prohibit a processor or a distributor from terminating

the purchase of milk from a producer or a producer
from terminating the sale of milk to a processor or
distributor without just cause;

(/) enter upon and inspect any land, place, building,
works or property of any transporter, processor or
distributor;

(g) refuse to grant a licence where the applicant is not
qualified by experience, financial responsibility and
equipment to proper!}- conduct the proposed business
or for any other reason that the Board ma}' deem
sufficient;

(h) suspend, revoke or refuse to renew an>- licence for
failure to observe, perform or carr}' out any of the
provisions of this Act, the regulations, or anyorderof
the Board, or any agreement or award, provided
that in ever>- such case the applicant shall be afforded
an opportunit}- of appearing before the Board to show
cause why such licence should not be suspended or
revoked or why such renewal should not be refused,
as the case may be ;

(i) do such acts and make such orders as are necessary
to enforce the due observance and carrying out of the
provisions of this Act, the regulations and any
agreement or award. R.S.O. 1937, c. 76, s. 4 (1),
amended.

.,.,,.. Powers of
(2) Upon any mquir\- or mvestigation under this section investiga-

126

Il«v. Stat..
0. 19.

the Board shall have all the powers that may be conferred
ufX)!! a commissioner under The Public Inquiries Act. New.

Application ©. — (1) Where the producers supplymg milk to a market
for mnrket- , ^ ' . ' • .• ^l • ^' j

ing agency, have a representative organization, the organization, and

where there is no such organization, a representative group

of such producers, may apply to the Lieutenant-Governor in

Council to establish a marketing agency.

t^*Boa?d® (2) The application ma\' be referred to the Board and

thereupon it shall be the duty of the Board of examine the
application and if it is of opinion that at least seventy-five
per centum of the producers supplying the market support
the application, it may recommend to the Lieutenant-Governor
in Council that it be granted.

oo^nsmute ("'^ Upon receipt of the recommendation, the Lieutenant-

marketing Governor in Council may constitute the applicants or any

&ffonoi08

of them as a marketing agency under the name designated.

powera'''etc. (^) Every marketing agency shall be a body corporate with
the following objects, powers and duties, —

(a) to stimulate, increase and improve the production and
marketing of milk;

{b) to act as the collective bargaining agency for the
producers it represents;

{c) to act as the marketing agency for the producers it
represents;

{d) to appoint inspectors;

{e) to receive licence fees and expend the same for its
purposes; and

(/) to do such other acts and things as are necessary or
conducive to the attainment of its objects, powers
and duties.

Furnishing
of informa-
tion.

(5) The Board may require a marketing agency to furnish
information relating to any act or thing undertaken or done
by the marketing agency. New.

Collective
bargain-
ing,—
producers,
prooessora.
dlstributora:

7,— -(1) The producers, any class of processors or the
distributors of milk in any market may require, —

(a) in the case of producers, the processors or distributors
to whom they sell milk; or

126

(b) in the case of processors or distributors, the producers
from whom they purchase milk,

to bargain collectively in order to determine the prices that
shall be paid to the producers supplying milk to the distributors
or processors and to prescribe the terms and conditions relating
to the sale and purchase of the milk and to fix quotas or
establish quota committees.

(2) The producers or transporters of milk in an>- market Producers,
may require, — transporters.

(a) in the case of producers, the transporters who trans-

port their milk to processors or distributors; or

(b) in the case of transporters, the producers from whom

they receive milk,

to bargain collectively in order to determine the prices that
shall be paid to the transporters for transporting the milk of
the producers to processors or distributors and to prescribe
the terms and conditions relating to the transportation of the
milk.

(3) Notice to bargain collectively setting out, — Notice.

(a) the names of the persons joining in the notice;

(b) the names and addresses of their collective bargaining

representatives; and

is sought,

shall be given to the persons who are required to bargain
collectively and a copy of the notice shall be sent to the Board.

(4) Where the Board is of opinion that the persons requiring Sufficiency
11 • 1 • • ^ ^ ^- f ^u J of repre-

collective bargammg are not representative oi the producers, sentation.
transporters, processors or distributors, as the case may be,
it may, within one week of the receipt of the notice, so advise
the persons joining in the notice and the persons to whom the
notice was given and thereupon the notice shall cease to have
effect.

(5) Where the persons required to bargain collectively do Failure to
not advise the representatives of the persons requiring collec- notfc7.®
tive bargaining and the Board of the names of their repre-
sentatives within two weeks of the receipt of the notice under
subsection 3, the Board may designate persons to represent

them.

126

Suffloienoy
of repre-
sentation.

Good faith.

(6) Where the Board is of opinion that the representatives
named by the persons that are required to bargain collectively
are not representative of such persons, it may designate per-
sons to represent them.

(7) The representatives shall bargain collectively in good
faith. 1947, c. 64, s. 3, part, amended.

Interpre-
tation of
"persons".

(8) In this section the expression "persons'
association or a marketing agency. New.

includes an

Failure to
agree, —
arbitration.

8. — (1) Where the representatives of either party are satis-
fied that an agreement cannot be reached under section 8,
they may, by notice to the representatives of the other party,
require all matters in dispute to be referred to a board of
arbitration of three members to which the representatives of
each of the parties shall appoint a member, and the third
member, who shall be the chairman, shall be appointed by the
two members so appointed.

Failure to
appoint.

(2) Where either party fails to appoint a member of the
board of arbitration within a reasonable time in the opinion
of the Board, or having appointed a person who is unable or
unwilling to act, fails to appoint another member within a
reasonable time in the opinion of the Board, the Board may,
upon the request of the other party, appoint a member in lieu
thereof.

Third
member.

(3) Where the two members of the board of arbitration
fail, within five days of the appointment of the last one
appointed, to agree upon the third member, the Board may
appoint the third member. 1947, c. 64, s. 3, part, amended.

Decision of
chairman.

(4) Where a majority of the members of a board of arbitra-
tion fail to agree upon any matter referred to it, the decision
of the chairman shall be deemed to be the decision of the
board. New.

Costs.

(5) Each of the parties to the arbitration shall assume its
own costs of the arbitration proceedings and shall share the
cost of the third arbitrator equally. 1946, c. 64, s. 3, part,
amended.

Filing
of agree-
ments and
awards.

9. — (1) Every agreement and every award shall be filed
forthwith after the making thereof with the Board and on the
seventh day after the filing, or on such later day as may be
named in the agreement or award, as the case may be, shall
be and remain in full force and effect until it expires in accord-
ance with its terms or until it is altered by an agreement or
award subsequently made under this Act. 1947, c. 64, s. 3,
part, amended.

126

(2) Every agreement and award heretofore filed with the Existing
Board shall be deemed to have been made under this Act and an™lwl?d8
shall be and remain in full force and affect until it expires in fn'foV"ce®'*
accordance with its terms or until it is altered by an agreement

or award made under this Act.

(3) Every agreement and award shall be binding upon the Binding
parties thereto and upon all persons represented by them Igreemlnts
under this Act. New. and awards.

10.— (1) Only the producers that supplied milk to the Persons
market at the time the agreement or award was made shall to supply
be entitled to supply milk to the market while the agreement ™"^-
or award is in effect, provided that any other producer, —

(o) who has arranged with a processor or distributor in
the market to purchase his milk; and

(6) who complies with the laws relating to the production,
sanitation, handling and care of milk,

shall be entitled to supply milk to the market and shall be
bound by the agreement or award and every other matter
relating to the marketing of milk in the same manner as other
producers supplying milk to the market.

(2) Only the processors or distributors in the market at the Persons
time the agreement or award was made shall be entitled to to process
process or distribute milk in the market, provided that any ^iik?'"*^"*®
other processor or distributor, —

(a) who complies with the laws relating to the sanitation, .
weighing, handling and care of milk;

(&) who has arranged for a supply of milk; and

(c) who has obtained a licence as a processor or distributor
from the Board and a municipal licence where the
same is required,

shall be entitled to process or distribute milk in the market
or the part thereof designated in his licence and shall be bound
by the agreement or award and every other matter relating to
the marketing of milk in the same manner as other processors
or producers in the market. New.

11. — (1) If the processors or distributors in any market where
require additional milk to that provided for in the agreement miik
or award, the producers supplying the market shall, unless '■®'^"''^^-
it is otherwise provided in the agreement or award, have the
right of supplying the additional milk required at the prices

126

Where
additional
milk pro
duce

Jt'

determined by the agreement or award, failing which the
processors or distributors may obtain the additional milk
required as they see fit.

(2) If the producers supplying milk to a market have
additional milk to that required to be supplied under the
agreement or award, the processors .or distributors shall,
unless it is otherwise provided in the agreement or award,
have the right of purchasing the additional milk at the prices
determined by the agreement or award, failing which the
producers may dispose of the additional milk as they see fit.
New.

EatabiiBh 12. — (1) When the Minister receives from an association

raent of fund , ... , , , . , . .,,

for pro- of milk producers who are engaged m supplying milk to

associations, processors or distributors in a market a petition asking that
for the purpose of defraying the expenses of such association
every producer engaged in supplying milk to processors or
distributors in such market be required to pay licence fees,
the Minister, subject to the approval of the Lieutenant-
Governor in Council, may, if he is of the opinion that such
association represents at least seventy-five per centum of the
producers so engaged, make an order, —

Existing
orders.

1944. c. 52.

Transporta-
tion of milk
by pro-
ducers' co-
operatives.

Rev. Stat..
CO. 251; 280.

(a) requiring every producer so engaged to pay to the
association licence fees in different amounts and
fixing the amounts of such fees payable in instalments ;

(b) requiring every processor and distributor who receives

milk from any such producer to deduct the amount
of the licence fees of such producer from moneys
payable to the producer and to pay such amount to
the association ; and

such information and financial statements as the
Board may determine.

(2) Every such order heretofore filed under The Regulations
Act, 1944, shall be deemed to have been made under this Act
and shall be and remain in full force and effect until revoked
or until a marketing agency in the market has been established.

New.

13. Where one of the objects of a co-operative corporation
under Part XII of The Companies Act is to engage in the
transportation of milk and the Board issues a certificate to
the Minister of Highways that more than three-quarters of the
shareholders or members of the corporation are producers
supplying milk to a market, no licence under The Commercial
Vehicle Act shall be required by the corporation for the pur-
pose of transporting such milk to the market. New.

126

14:. — (1) Subject to the approval of the Lieutenant- ^®«"ia"o"8-
Governor in Council, the Board may make regulations,

(a) designating classes of processors and distributors;

(b) providing for the issuing of licences by the Board to

transporters and to the designated classes of pro-
cessors and distributors and fixing the licence fees
payable therefor;

administrative officer;

(d) prescribing the form of licences and the terms and
conditions upon which licences shall be issued,
renewed, suspended or revoked;

(e) prohibiting the persons that are required to be

licensed in respect of transporting, processing or
distributing milk from engaging in any. such business
except under the authority of a licence;

(/) providing for the furnishing of security or proof of
financial responsibility by processors and distributors;

(g) prescribing the terms of payment for milk purchased
from producers;

(h) providing for the payment to marketing agencies of
licence fees in different amounts and in instalments
by producers represented by marketing agencies and
for the collection thereof b\- processors and dis-
tributors;

(i) prescribing the form of the by-laws of marketing
agencies ;

(j) prescribing the conditions under which milk shall be
received, handled, transported, stored, delivered or
supplied ;

(k) prohibiting the sale of milk by retailers and others
at less than or more than the cost thereof and a
reasonable margin for handling and profit;

(/) providing for the purchase of milk from producers on
a quota basis;

(m) prescribing fair business practices relating to the
marketing of milk;

126

(«) providing for the regulation and control of the
delivery routes of distributors, including the number
of deliveries that shall be made in each week and the
days upon which deliveries shall be made;

(o) prescribing the types of containers that shall be used
by distributors;

(p) requiring producers, transporters, processors, dis-
tributors and persons who keep for sale or sell milk
to furnish to the Board such information or returns
, as the Board may determine;

(q) prescribing the records that shall be kept by trans-
porters, processors and distributors;

(r) prescribing the powers and duties of field-men and
inspectors;

(5) exempting any person or class of persons from this
Act or the regulations or any part thereof; and

(/) respecting any other matter necessary or advisable to
carry out effectively the purposes of this Act.

Regulations (2) Any regulation made under this section may be limited
limited. as to time and place. R.S.O. 1937, c. 76, s. 15, amended.

•na es. jg Every person who violates any of the provisions of

this Act or the regulations, or any order, agreement or award
made under this Act shall be guilty of an offence and liable,
for a first offence, to a penalty of $50, and for a second or
subsequent offence, to a penalty of not less than $100 and
r*i36^'*'" "°^ more than $500, recoverable under The Summary Con-
victions Act. R.S.O. 1937, c. 76, s. 19, amended.

trolSS^dlSgs. 16.— (1) Where it is made to appear from the material
filed or evidence adduced that any offence against this Act or
the regulations or any order, agreement or award made under
this Act has been or is being committed, the Supreme Court
or a judge thereof may, upon the application of the Board,
enjoin any transporter, processor or distributor from carrying
on business as a transporter, processor or distributor, abso-
lutely, or for such period as seems just, and any injunction
shall ipso facto cancel the licence of the transporter, processor
or distributor named in the order during the same period.

tion may be (2) The application under subsection 1 may be made
ux part*. without any action being instituted either, —

(a) by an ex parte motion for an interim injunction
126

which shall, If granted, remain in full force for ten
days from the date thereof unless the time is ex-
tended or the originating motion mentioned in
clause b is sooner heard and determined; or

(b) by an originating notice of motion which, if an
interim injunction has been granted, shall be served
within five days and be returnable within ten days
from the date of such interim injunction. R.S.O.
1937, c. 76, s. 18.

17. The moneys required for the purposes of this Act Provision
shall be paid out of such moneys as may be appropriated requ?re^*^"
therefor by the Legislature. R.S.O. 1937, c. 76, s. 2 (5).

18. The Milk Control Act, being chapter 76 of the Revised Rev. stat..
Statutes of Ontario, 1937, section 20 of The Statute Law i94o', o. 28.
Amendment Act, 1940, The Milk Control Amendment .i4cf, c*. si- 1944',
1941, The Milk Control Amendment Act, 1944, and The Milkl:lll}l^'^'
Control Amendment Act, 1947, are repealed. pealed.

19. This Act shall come into force on the day upon which commence-

ment of Aet.

it receives the Royal Assent.

20. This Act may be cited as The Milk Control Act, 1948. short title.

126

w
o

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5 -t «o

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No. 126

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

The Milk Control Act, 1948.

Mr, Kennedy

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 126 1943

BILL

The Milk Control Act, 1948.

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

1. In this Act, — interpre-

tation,—

(a) "agreement" means an agreement made by collective "agree-
bargaining representatives under this Act; ment";

(6) "award" means an award made by a board of arbitra- "award";
tion under this Act;

(d) "distributor" means a person engaged in the business "distri-
of distributing milk either directly or indirectly to^"'°'^"'
consumers;

(e) "field-men" means field-men appointed by the "fleidmen";

Lieutenant-Governor in Council under this Act;

(/) "inspector" means an inspector appointed by a "inspector"
marketing agency;

(g) "licence" means a licence provided for in the regu- "licence";
lations;

(h) "market" means the market named in an agreement "market";
or award or the market supplied with milk by the
producers represented by a marketing agency or by
an association;

(i) "marketing" includes advertising, buying, selling, "market-
offering for sale, transporting, shipping and dis-
tributing milk;

(J) "marketing agency" means a marketing agency estab- "marketing
lished under this Act;

126

"milk": (^) "milk" includes cream and such products of milk or

cream as are manufactured or processed in any form,
other than butter and cheese;

••Minister": (/) "Minister" means the Minister of Agriculture;

"processor^^; (^) "processor" means a person engaged in the business

of processing milk or manufacturing milk products,
other than butter and cheese;

••regula-
tions^';

••trans-
porter".

(n) "regulations" mean regulations made under this
Act; and

(o) "transporter" means a person engaged in the business
of transporting milk from a producer to a processor
or distributor. R.S.O. 1937, c. 76, s. 1, amended.

troi*Board 2. — (1) The body corporate heretofore established and
coiumSed ^nown as "The Milk Control Board of Ontario" is continued.
R.S.O. 1937, c. 76, s. 2 (1), amended.

Constitu-
tion of
Board.

Chairman.

Quorum.

(2) The Board shall consist of one or more members who
shall be appointed by the Lieutenant-Governor in Council
and shall hold office during pleasure. R.S.O. 1937, c. 76,
s, 2 (2), part.

(3) Where more than one member is appointed the Lieu-
tenant-Governor in Council shall designate one of the members
as chairman. R.S.O. 1937, c. 76, s. 2 (2), part.

(4) Where the Board consists of four or more members
three members shall constitute a quorum. 1944, c. 36, s. 1,
amended.

staff.

Direction
and control
of staff.

Salaries.

3. — (1) The staff of the Board shall consist of an adminis-
trative officer and such other officers, field-men, clerks, stenog-
raphers and employees as the Lieutenant-Governor in Council
may appoint. R.S.O. 1937, c. 76, s. 2 (4), amended.

(2) The administrative officer shall be under the direction
and control of the Board and the officers, field-men, clerks,
stenographers and employees shall be under the direction and
control of the administrative officer. New.

Powers of
Board.

5. — (1) The Board may, —
126

(a) upon its own initiative or upon complaint, inquire
into any matter relating to the production, trans-
portation, processing, distribution or sale of milk;

(b) arbitrate, adjust and settle disputes arising between

or among producers, transporters, processors and
distributors of milk;

cessing and distributing milk, prices, price spreads,
trade practices, methods of financing, management,
testing, weighing and any other matter relating to
the marketing of milk;

(d) prohibit distributors compelling or inducing pro-
ducers to invest money either directly or indirectly
in a dair}- plant or equipment in order that such
producers may obtain or retain a sale for their milk;

(e) prohibit a processor or a distributor from terminating

the purchase of milk from a producer or a producer
from terminating the sale of milk to a processor or
distributor without just cause;

(/) enter upon and inspect any land, place, building,
works or property- of any transporter, processor or
distributor;

(g) refuse to grant a licence where the applicant is not
qualified by experience, financial responsibility and
equipment to properly conduct the proposed business
or for any other reason that the Board may deem
sufficient ;

(h) suspend, revoke or refuse to renew any licence for
failure to observe, perform or carry out any of the
provisions of this Act, the regulations, or any order of
the Board, or any agreement or award, provided
that in every such case the applicant shall be afforded
an opportunity of appearing before the Board to show
cause why such licence should not be suspended or
revoked or why such renewal should not be refused,
as the case may be ;

Pow^6r8 of

(2) Upon any inquiry or investigation under this section investiga-
126

the Board shall have all the powers that may be conferred
Rev. Stat,, upon a commissioner under The Public Inquiries Act. New.

Application
for market-
ing agency.

6. — (1) Where the producers supplying milk to a market
have a representative organization, the organization, and
where there is no such organization, a representative group
of such producers, may apply to the Lieutenant-Governor in
Council to establish a marketing agency.

t^Bol?d? (2) The application may be referred to the Board and

thereupon it shall be the duty of the Board to examine the
application and if it is of opinion that at least seventy-five
per centum of the producers supplying the market support
the application, it may recommend to the Lieutenant-Governor
in Council that it be granted.

oon^mute (^) Upon receipt of the recommendation, the Lieutenant-

marketing Governor in Council may constitute the applicants or any
of them as a marketing agency under the name designated.

powere!'etc. (^) Every marketing agency shall be a body corporate with
the following objects, powers and duties, —

(a) to stimulate, increase and improve the production and
marketing of milk;

(6) to act as the collective bargaining agency for the
producers it represents;

{d) to appoint inspectors;

(«) to receive licence fees and expend the same for its
purposes; and

(/) to do such other acts and things as are necessary or
conducive to the attainment of its objects, powers
and duties.

Furnishing
of informa-
tion.

Collective
bargain-
ing,—
producers,
procexsorfl,
distributors;

(5) The Board may require a marketing agency to furnish
information relating to any act or thing undertaken or done
by the marketing agency. New.

7. — (1) The producers, any class of processors or the
distributors of milk in any market may require, —

(a) in the case of producers, the processors or distributors
to whom they sell milk; or

126

(b) in the case of processors or distributors, the producers
from whom they purchase milk,

(2) The producers or transporters of milk in any market Producers,
may require, — transporters.

(a) in the case of producers, the transporters who trans-

port their milk to processors or distributors; or

(b) in the case of transporters, the producers from whom

they receive milk,

(3) Notice to bargain collectively setting out, — Notice,

(a) the names of the persons joining in the notice;

(b) the names and addresses of their collective bargaining

representatives; and

is sought,

shall be given to the persons who are required to bargain
collectively and a copy of the notice shall be sent to the Board.

(4) Where the Board is of opinion that the persons requiring Sufficiency
collective bargaining are not representative of the producers, sentation.
transporters, processors or distributors, as the case may be,

it may, within one week of the receipt of the notice, so advise
the persons joining in the notice and the persons to whom the
notice was given and thereupon the notice shall cease to have
effect.

(5) Where the persons required to bargain collectively do Failure to
not advise the representatives of the persons requiring collec- notfoe.*
tive bargaining and the Board of the names of their repre-
sentatives within two weeks of the receipt of the notice under
subsection 3, the Board may designate persons to represent

them.

126

Suffloienoy
of repre-

sentation.

Good faith.

Interpre-
tation of
"persons".

Failure to
agree, —
arbitration.

Failure to
appoint.

(7) The representatives shall bargain collectively in good
faith. 1947, c. 64, s. 3, part, amended.

(8) In this section the expression "persons'
association or a marketing agency. New.

includes an

8. — (1) Where the representatives of either party are satis-
fied that an agreement cannot be reached under section 7,
they may, by notice to the representatives of the other party,
require all matters in dispute to be referred to a board of
arbitration of three members to which the representatives of
each of the parties shall appoint a member, and the third
member, who shall be the chairman, shall be appointed by the
two members so appointed.

Third
member.

Decision of
chairman.

(4) Where a majority of the members of a board of arbitra-
tion fail to agree upon any matter referred to it, the decision
of the chairman shall be deemed to be the decision of the
board. New.

Costs.

(5) Each of the parties to the arbitration shall assume its
own costs of the arbitration proceedings and shall share the
cost of the third arbitrator equally. 1946, c. 64, s. 3, part,
amended.

Filing
of agree-
ments and
awards.

126

(2) Every agreement and award heretofore filed with the ^^'st'^e
Board shall be deemed to have been made under this Act and and^twt?ds
shall be and remain in full force and effect until it expires in fn "force®**
accordance with its terms or until it is altered by an agreement

or award made under this Act.

(3) Every agreement and award shall be binding upon the Binding
parties thereto and upon all persons represented by them Agreements
under this Act. New. a°^ awards.

10. — (1) Only the producers that supplied milk to the Persons
market at the time the agreement or award was made shall to supply
be entitled to supply milk to the market while the agreement "^'"^'
or award is in effect, provided that any other producer, —

{a) who has arranged with a processor or distributor in
the market to purchase his milk; and

{h) who complies with the laws relating to the production,
sanitation, handling and care of milk,

{2) Only the processors or distributors in the market at the Persons
time the agreement or award was made shall be entitled to to process
process or distribute milk in the market, provided that any ^jjij^^'"''"*®
other processor or distributor, —

(a) who complies with the laws relating to the sanitation,
weighing, handling and care of milk;

(&) who has arranged for a supply of milk; and

(c) who has obtained a licence as a processor or distributor
from the Board and a municipal licence where the
same is required,

11. — (1) If the processors or distributors in any market \vhere

^ ■' ^ , . 1 1 r • ^1 i- additional

require additional milk to that provided for in the agreement miik.^^^
or award, the producers supplying the market shall, unless '"®'^"""® *
it is otherwise provided in the agreement or award, have the
right of supplying the additional milk required at the prices

126

Where
additional
milk pro-
duced.

determined by the agreement or award, failing which the
processors or distributors may obtain the additional milk
required as they see fit.

(2) If the producers supplying milk to a market have
additional milk to that required to be supplied under the
agreement or award, the processors or distributors shall,
unless it is otherwise provided in the agreement or award,
have the right of purchasing the additional milk at the prices
determined by the agreement or award, failing which the
producers may dispose of the additional milk as they see fit.
New.

Establish \^ — (J) When the Minister receives from an association

ment or lund , mi i , •

for pro- of milk producers who are engaged in supplying milk to
ducers' ' ,■ ., • i . . -^ , . ,

associations, processors or distributors in a market a petition asking that

for the purpose of defraying the expenses of such association
every producer engaged in supplying milk to processors or
distributors in such market be required to pay licence fees,
the Minister, subject to the approval of the Lieutenant-
Governor in Council, may, if he is of the opinion that such
association represents at least seventy-five per centum of the
producers so engaged, make an order, —

(a) requiring every producer so engaged to pay to the
association licence fees in different amounts and
fixing the amounts of such fees payable in instalments;

ih) requiring every processor and distributor who receives
milk from any such producer to deduct the amount
of the licence fees of such producer from moneys
payable to the producer and to pay such amount to
the association ; and

(c) requiring the association to furnish to the Board
such information and financial statements as the
Board may determine.

Existing
orders.

1944. o. 62.

Transporta-
tion of milk
by pro-
ducers' co-
operatives.

Rev. Stat..
00. 251; 290.

13. Where one of the objects of a co-operative corporation
under Part XII of The Companies Act is to engage in the
transportation of milk and the Board issues a certificate to
the Minister of Highways that more than three-quarters of th/
shareholders or members of the corporation are producers
supplying milk to a market, no licence under The Commercial
Vehicle Act shall be required by the corporation for the pur-
pose of transporting such milk to the market. New.

126

14r. — (1) Subject to the approval of the Lieutenant- ^•«"'*"o'"-
Governor in Council, the Board may make regulations, —

(a) designating classes of processors and distributors;

(b) providing for the issuing of licences by the Board to

transporters and to the designated classes of pro-
cessors and distributors and fixing the licence fees
payable therefor;

administrative officer;

(d) prescribing the form of licences and the terms and
conditions upon which licences shall be issued,
renewed , suspended or revoked ;

(e) prohibiting the persons that are required to be

licensed in respect of transporting, processing or
distributing milk from engaging in any such business
except under the authority of a licence;

(J) providing for the furnishing of security or proof of
financial responsibility by processors and distributors;

(g) prescribing the terms of payment for milk purchased
from producers;

(i) prescribing the form of the by-laws of marketing
agencies;

(j) prescribing the conditions under which milk shall be
received, handled, transported, stored, delivered or
supplied ;

(k) prohibiting the sale of milk by retailers and others
at less than or more than the cost thereof and a
reasonable margin for handling and profit;

(I) providing for the purchase of milk from producers on
a quota basis;

(w) prescribing fair business practices relating to the
marketing of milk;

126

(n) providing for the regulation and control of the
delivery routes of distributors, including the number
of deliveries that shall be made in each week and the
days upon which deliveries shall be made;

(o) prescribing the types of containers that shall be used
by distributors;

(P) requiring producers, transporters, processors, dis-
tributors and persons who keep for sale or sell milk
to furnish to the Board such information or returns
as the Board may determine;

(q) prescribing the records that shall be kept b\- trans-
porters, processors and distributors;

(r) prescribing the powers and duties of field-men and
insfjectors;

(s) exempting any person or class of persons from this
Act or the regulations or any part thereof; and

(/) respecting any other matter necessary or advisable to
carry out effectively the purposes of this Act.

may^b^***"^' ^^^ ^^^ regulation made under this section may be limited
limited. as to time and place. R.S.O. 1937, c. 76, s. 15, amended.

15. Every person who violates any of the provisions of
this Act or the regulations, or any order, agreement or award
made under this Act shall be guilty of an offence and liable,
for a first offence, to a penalty of $50, and for a second or
subsequent ofTence, to a penalty of not less than $100 and
S*i36^*^*" "°^ "^^""^ t^^" ^5^0, recoverable under The Summary Con-
victions Act. R.S.O. 1937, c. 76, s. 19, amended.

J^iceedlngs. 1®-— (1) Where it is made to appear from the material
filed or evidence adduced that any offence against this Act or
the regulations or any order, agreement or award made under
this Act has been or is being committed, the Supreme Court
or a judge thereof may, upon the application of the Board,
enjoin any transporter, processor or distributor from carrying
on business as a transporter, processor or distributor, abso-
lutely, or for such period as seems just, and any injunction
shall ipso facto cancel the licence of the transporter, processor
or distributor named in the order during the same period.

tion may be (2) The application under subsection 1 may be made
" *""" without any action being instituted either, —

(a) by an ex parte motion for an interim injunction
126

tx pari*.

which shall, if granted, remain in full force for ten
days from the date thereof unless the time is ex-
tended or the originating motion mentioned in
clause b is sooner heard and determined; or

17. The moneys required for the purposes of this Act Provision
shall be paid out of such moneys as may be appropriated requ?red^.^^
therefor by the Legislature. R.S.O. 1937, c. 76, s. 2 (5).

18. The Milk Control Act, being chapter 76 of the Revised Rev. stat.,
Statutes of Ontario, 1937, section 20 of The Statute Law i94o', c. 28,
Amendment Act, 1940, The Milk Control Amendment ^c^ c. 31- 1944',
1941, The Milk Control Amendment Act, 1944, and The Milkl\li\l^^'^''
Control Amendment Act, 1947, are repealed. peaied.

19. This Act shall come into force on the day upon which commence-

, T-. , . ^ ment of Act.

It receives the Royal Assent.

20. This Act may be cited as The Milk Control Act, 1948. short title.

126

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No. 127

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Fuel Supply Act.

Mr. Frost

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note

The powers given the Fuel Controller in Part II of the Act are new
and are designed for use in emergencies and in periods when natural gas is
in short supply.

In order that the Controller may act quickly and effectively, his orders
under section 10 of the Act are not required to be filed and published under
The Regulations Act, 1944.

Part III of the Act contains what was previously covered in section 9
of the Act, omitting the matters now dealt with in Part II.

127

No. 127 1943

BILL

An Act to amend The Fuel Supply Act.

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

1. Section 9 of The Fuel Supply Act, as re-enacted by J'^s'^g,^**^-
section 1 of The Fuel Supply Amendment Act, 1947, is repealed ^i^'l'^-
and the following substituted therefor: re-enacted.'

PART II.

GAS FUELS.

9. In this Part "gas fuel" means natural gas and includes ''^^ fuel"

•c ■ , , , , defined.

artincial gas, propane or butane used to supplement
natural gas.

10.^(1) Notwithstanding any other Act the Controller controller,
may, —

(a) regulate and control the quantity of gas fuel
that may be held or distributed by any person
or in any designated area;

{b) prohibit or regulate and control the use of
gas fuel by any person or in any designated
area;

disposed of, except where the natural gas

referee has such jurisdiction under The^^^^^^^^'

Natural Gas Conservation Act;

(d) require the construction, installation, erection
or acquisition of any works, pipe lines, plant,
machinery, equipment or appliances necessary
for the production, transmission and distri-
bution of gas fuel, and apportion and allocate
the cost thereof;

127

{e) regulate and control the installation and re-
moval of appliances using gas fuel and provide
for the issue of permits authorizing the instal-
lation thereof; and

(/) impose penalties on persons who fail to comply
with any order, requirement or direction
made or issued under this section.

Orders to
be deemed
administra-
tive.

(2) Every order, requirement or direction made or issued
under this section shall be deemed to be adminis-
trative and not of a legislative nature.

PART III.

GENERAL.

tiono/'^ctf' ^^- ^^'^ ^^^ ^^^'' "°^ apply to electricity or to petroleum
or petroleum products except as provided in Part II.

Commence- 2. This Act shall come into force on the day upon which it
ment of Act. • . t^ , « j f

receives the Royal Assent.

Short title. 3. This Act may be cited as The Fuel Supply Amendment
Act, 1948.

127

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No. 127

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Fuel Supply Act.

Mr. Frost

(Reprinted as amended in Committee of the Whole House.)

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note

The powers given the Fuel Controller in Part II of the Act are new
and are designed for use in emergencies and in periods when natural gas is
in short supply.

In order that the Controller may act quickly and effectively, his orders
under section 10 of the Act are not required to be filed and published under
The Regulations Act, 1944.

Part III of the Act contains what was previously covered in section 9
of the Act, omitting the matters now dealt with in Part II.

127

No. 127 1948

BILL

An Act to amend The Fuel Supply Act.

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

1. Section 9 of The Fuel Supply Act, as re-enacted byj®^3^%*-
section 1 of The Fuel Supply Amendment Act, 1947, is repealed (i^*?. "
and the following substituted therefor: re-enacted,'

PART 11.

GAS FUELS.

9. In this Part "gas fuel" means natural gas and includes '"Oas fuel*,
artificial gas, propane or butane used to supplement
natural gas.

10.— (1) Notwithstanding any other Act the Controller g°X™iier.
may,—

(a) regulate and control the quantity of gas fuel
that may be held or distributed by any person ;

{h) prohibit or regulate and control the use of
gas fuel by any person;

disposed of, except where the natural gas

referee has such jurisdiction under The^^^^^^^-'

Natural Gas Conservation Act;

127

(e) regulate and control the installation and re-
moval of appliances using gas fuel and provide
for the issue of permits authorizing the instal-
lation thereof; and

(/) impose f)enalties on persons who fail to comply
with, any order, requirement or direction
made or issued under this section.

Orders to (2) Every order, requirement or direction made or issued

BdminiBtra- under this section shall be deemed to be adminis-

**^*" trative and not of a legislative nature.

PART III.

GENERAL.

Son 'o/'Icr' ^2. This Act shall not apply to electricity or to petroleum

or petroleum products except as provided in Part II.

Commence- 2. This Act shall come into force on the day upon which it
ment of Act. • i t-. • a j r-

receives the Royal Assent.

Short title. 3. This Act may be cited as The Fuel Supply Amendment
Act, 1948.

127

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No. 127

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Fuel Supply Act.

Mr. Frost

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 127 1948

BILL

An Act to amend The Fuel Supply Act.

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

1. Section 9 of The Fuel Supply Act, as re-enacted by J'^^g ^**^-
section 1 of The Fuel Supply Amendment Act, 1947, is repealed (1947. '
and the following substituted therefor: re-enacted.'

PART II.

GAS FUELS.

9. In this Part "gas fuel" means natural gas and includes "Qas fuel',
artificial gas, propane or butane used to supplement
natural gas.

10.— (1) Notwithstanding any other Act the Controller controller,
may,—

{a) regulate and control the quantity of gas fuel
that may be held or distributed by any person ;

{h) prohibit or regulate and control the use of
gas fuel by any person;

disposed of, except where the natural gas

referee has such jurisdiction under ^^^^Ya.^***"

Natural Gas Conservation Act;

127

(e) regulate and control the installation and re-
moval of appliances using gas fuel and provide
for the issue of permits authorizing the instal-
lation thereof; and

(/) impose penalties on persons who fail to comply
with any order, requirement or direction
made or issued under this section.

Orders to (2) Every order, requirement or direction made or issued

adm^iTtra- Under this section shall be deemed to be adminis-

*'^*' trative and not of a legislative nature.

PART III.

GENERAL.

Non-apj^uca- 12. This Act shall not apply to electricity or to petroleum
or petroleum products except as provided in Part II.

Commence- 2. This Act shall come into force on the day upon which it

ment of Act. • . t^ . * J f

receives the Royal Assent.

Short title. 3. This Act may be cited as The Fuel Supply Amendment
Act, J 948.

127

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No. 128

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Mining Tax Act.

Mr. Frost

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes

Section 1 . All mining claims and mining locations are subject to tax.
Formerly many large parcels of land were taken up under The Mining Act
which to-day are not valuable for mining purposes although they may be
of value for timber or summer resort purposes. If these lands are being
held and used for other than mining purposes, they are subject to tax under
The Provincial Land Tax Act. In other words, at the present time they
are subject to taxation under The Mining Tax Act and The Provincial
Land Tax Act.

The amendment relieves the owner from taxation under The Mining
Tax Act where he voluntarily surrenders the mineral rights to the Crown.
Where the surface rights are taxable under The Provincial Land Tax Act,
the taxation of the property under The Mining Tax Act is restricted to
the mining rights.

Section 2. Upon forfeiture lands are revested in the Crown and the
original patent or lease cancelled and annulled (section 20, subsection 3).
This clears the way for registering a patent of a restaking ^s a new parcel.
The amendment provides for this practice in land titles offices as well as in
registry offices.

Section 3. Under the section as re-enacted the tax on natural gas
used in Canada may be remitted to the extent of $250 in order to encourage
the development of new sources of natural gas.

128

No. 128 1943

BILL

An Act to amend The Mining Tax Act.

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

1. Section 14 of The Mining Tax Act, as re-enacted by ^^g^' • ^tat.,
section 3 of The Mining Tax Amendment Act, 1046, is amended (1946. '
by adding thereto the following subsections: amended. '

(6) No such tax shall be payable in respect of a mining where tax
claim or mining location where the owner has exe- ^^ p^^^'' *•
cuted and filed with the Deputy Minister of Mines

a conveyance to the Crown of the mining rights in,
upon and under the same.

(7) Where the mine assessor is satisfied that the surface where Act

.,^. ^ r . . , . ... . applicable

rights m respect ot a mmmg claim or mining location to mining
are being used for purposes other than that of mining"^ ^ °^ ^'
or the mineral industry, this Act shall apply only to
the mining rights.

2. Subsection 7 of section 20 of The Mining Tax Act is^ey-stat.,

* c. 28, 8. 20.

repealed and the following substituted therefor: subs. 7.

re-enacted.

(7) Any such certificate may be registered in the proper Registra-
registry or land titles office, and thereupon T^Ae certificate.
Registry Act or The Land Titles Act, as the case may Rev. stat..
be, shall cease to apply to the land affected thereby, ^°'
and the registrar or local master of titles shall note
the fact in his register in red ink.

3. Section 26 of The Mining Tax Act is repealed and the Rev stat..

r II • 1 • , , f c. 28. s. 26.

lollowing substituted thereior: re-enacted.

26. — (1) Every person producing natural gas shall be^ax^^^^^^
liable for and pay an annual tax as follows:

(a) Where exported from Canada — two cents a
thousand cubic feet.

128

(b) Where consumed in Canada — one-half cent a
thousand cubic feet. .

Reminlon
of tax.

(2) The Minister may remit the annual tax to the extent
of S250 on natural gas consumed in Canada.

0^*28. ^'%V. ^- Section 46 of The Mining Tax Act is repealed and the
r«-«nacted. following substituted tRerefor:

Remission
of tax on
iron ore
profits.

46. The Minister may remit the tax upon the profits
arising out of the mining of iron ore where he is
satisfied that such iron ore has been smelted iv
Canada or delivered to a blast furnace therein for
the purpose of being smelted.

Short title.

5. This Act may be cited as The Mining Tax Amendment
Act, 1948.

128

Section 4. Self-explanatory.

128

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No. 128

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Mining Tax Act.

Mr. Frost

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 128 1948

BILL

An Act to amend The Mining Tax Act.

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

1. Section 14 of The Mining Tax Act, as re-enacted by^^^g l**^*^'
section 3 of The Mining Tax Amendment Act, 1946, is amended ^^^l^-

by adding thereto the following subsections: amended. '

(6) No such tax shall be payable in respect of a mining where tax

^ , . ....■', ,^ , ° not payable.

claim or mining location where the owner has exe-
cuted and filed with the Deputy Minister of Mines
a conveyance to the Crown of the mining rights in,
upon and under the same.

(7) Where the mine assessor is satisfied that the surface where Act

. ... ... applicable

rights in respect of a mining claim or mining location to mining

^ . . *^,, ^, , , ^ ^ . . rights only.

are being used for purposes other than that oi mining
or the mineral industry, this Act shall apply only to
the mining rights.

2. Subsection 7 of section 20 of The Mining Tax Act is ^^v^- ^ta^^,^
repealed and the following substituted therefor: re-enacted

(7) Any such certificate may be registered in the proper Regist^ra-
registry or land titles office, and thereupon TAe certificate.
Registry Act or The Land Titles Act, as the case may Rev. stat..
be, shall cease to apply to the land affected thereby,*'*''
and the registrar or local master of titles shall note
the fact in his register in red ink.

3. Section 26 of The Mining Tax Act is repealed and the Rev^ sta|^._
following substituted therefor: re-enacted.

26.— (1) Every person producing natural gas shall beTax^o^g^
liable for and pay an annual tax as follows:

(a) Where exported from Canada— two cents a
thousand cubic feet.

128

Remlasion
of tax.

Rev. Stat.,
c. 28. B. 46,
re-enacted.

(6) Where consumed in Canada — one-half cent a
thousand cubic feet.

(2) The Minister may remit the annual tax to the extent
of $250 on natural gas consumed in Canada.

4. Section 46 of The Mining Tax Act is repealed and the
following substituted therefor:

Remission
of tax on
iron ore
profits.

Short title.

46, The Minister may remit the tax upon the profits
arising out of the mining of iron ore where he is
satisfied that such iron ore has been smelted in
Canada or delivered to a blast furnace therein for
the purpose of being smelted.

5. This Act may be cited as The Mining Tax Amendment
Act, 1948.

128

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No. 129

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Assessment Act.

Mr. Dunbar

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note

This Bill authorizes agreements between public utilities which are
operated by or on behalf of a municipal corporation and which are exempt
or partially exempt from taxation to provide for payment to the corporation
for any of the municipal services rendered. No such agreement may be
made hereafter without the approval of the Department of Municipal
Affairs.

"Public utility" is defined in The Department of Municipal Affairs
Act as:

any waterworks, gasworks, including works for the transmission,
distribution and supply of natural gas, electrical power or energy works,
or system for the generation, transmission or distribution of electric
light, heat or power, any telephone system, any street or other railway
system, any bus or other public transportation system and any other
works or system for supplying the inhabitants generally with neces-
saries or conveniences which are vested in or owned, controlled or
operated by a municipality or municipalities or by a local board.

129

No. 129 1948

BILL

An Act to amend The AssessmentlAct.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembl>- of the Province of Ontario,
enacts as follows:

1. The Assessment Act is amended bv adding thereto theRey stat..

° c. 272,

following section: amended.

47a. — (1) Where the council of a municipal corporation, Payment by
or a commission or trustees or other body acting for for services,
and on behalf of the corporation, operates a public
utility (as defined in The Department oj Municipal ^^^g^^^-
Affairs Act) which is exempt or partially exempt
from municipal taxation, the council, commission,
trustees or other bod\' ma\' agree to pay for any of
the following municipal services rendered by the
corporation :

(a) fire protection;

(b) police protection;

(d) street lighting;

(e) snow and ice removal, including sanding

streets, sidewalks and other thoroughfares;

(y) drainage; .

(g) sanitation and waste removal;

(h) conservation of health.

(2) Notwithstanding any general or special Act, no Approval of
agreement between a public utility and a municipal required,
corporation to pay for municipal services shall be
made hereafter without the approval of the Depart-
ment.

2. This Act shall come into force on the 1st dav of Tune, Commence-

4 QAQ " ment of Act.

129

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No. 129

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Assessment Act.

Mr. Dunbar

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 129 1948

BILL

An Act to amend The Assessment Act.

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

1. The Assessment Act is amended by adding thereto the ^^J^g^***-

following section : amended.

47a. — (1) Where the council of a municipal corporation, Payment by

^ . . 1 1 1 • f public utility

or a commission or trustees or other body acting tor for services.
and on behalf of the corporation, operates a public
utility (as defined in The Department oj Municipal f[^^Q_^^^^"
Affairs Act) which is exempt or partially exempt
from municipal taxation, the council, commission,
trustees or other body may agree to pay for any of
the following municipal services rendered by the
corporation :

(a) fire protection ;

(b) police protection;

(d) street lighting;

(e) snow and ice removal, including sanding

streets, sidewalks and other thoroughfares;

(j) drainage;

(g) sanitation and waste removal;

(h) conservation of health.

(2) Notwithstanding anv general or special Act, no Approval of

, ' 1 1- -I- 1 • • 1 Department

agreement between a public utility and a municipal required,
corporation to pay for municipal services shall be
made hereafter without the approval of the Depart-
ment.

2. This Act shall come into force on the 1st day of Tune, commence-

^Q^Q '' ment of Act.

129

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No. 130

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Public Lands Act.

Mr. Scott

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note
This Bill is self-explanatory.

130

No. 130 1948

BILL

An Act to amend The Public Lands Act.

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

1. Section 3 of The Public Lands Act, as amended by sub- Rev. stat.,

' c 33 s 3

sections 1 and 2 of section 30 of The Statute Law Amendment re-enacted.
Act, 1942, is repealed and the following substituted therefor:

3. There shall be, —

(a) a Deputy Minister of Lands and Forests who
shall be appointed by the Lieutenant-Gover-
nor in Council, who shall have charge of the
administration of the Department and such
other duties as rhay be assigned to him by the
Lieutenant-Governor in Council or the Min-
ister; and

{h) a Deput}' Minister of Forestry who shall be
appointed by the Lieutenant-Governor in
Council, who shall have charge of matters
respecting reforestation, forest protection,
forest research and investigation and such
other duties as may be assigned to him by
the Lieutenant-Governor in Council or the
Minister.

2. This Act mav be cited as The Public Lands Amendment ^hort title.
Act, 1948,

130

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No. 130

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Public Lands Act.

Mr. Scott

TORONTO

Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty

No. 130 1948

BILL

An Act to amend The Public Lands Act.

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

1. Section 3 of The Public Lands Act, as amended by sub-^%^- stat..
sections 1 and 2 of section 30 of The Statute Law Amendment ^e-enacted.
Act, 1942, is repealed and the following substituted therefor:

3. There shall be, —

(a) a Deputy Minister of Lands and Forests who
shall be appointed by the Lieutenant-Gover-
nor in Council, who shall have charge of the
administration of the Department and such
other duties as may be assigned to him by the
Lieutenant-Governor in Council or the Min-
ister; and

(6) a Deputy Minister of Forestry who shall be
appointed by the Lieutenant-Governor in
Council, who shall have charge of matters
respecting reforestation, forest protection,
forest research and investigation and such
other duties as may be assigned to him by
the Lieutenant-Governor in Council or the
Minister.

2. This Act may be cited as The Public Lands Amendment ^^ort title.
Act, 1948.

130

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No. 131

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Forestry Act.

Mr. Scott

TORONTO

Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty

Explanatory Note

The provisions of this Bill are self-explanatory. They implement the
recommendations in this regard of the Royal Commission on Forestry.

131

No. 131 1948

BILL

An Act to amend The Forestry Act.

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

1. Section 16 of The Forestry Act, as re-enacted by section 4^®Jg ^*^i6
of The Statute Law Amendment Act, 1944 and amended by (i^l*-
subsection 6 of section 20 of The Statute Law Amendment ^c/, re-enacted.'
1946, is repealed and the following substituted therefor:

16. — (1) There shall be a committee to be known as the Advisory

* 1 . . . r T 1 Committee.

"Advisory Committee to the Minister of Lands and
Forests" consisting of a chairman and eight other
members, each of whom shall be appointed by the
Lieutenant-Governor in Council for such term as
may be specified in the Order-in -Council.

(2) Each of the following interests shall be represented be*repre- *°
on the Committee: the building industry, education, rented,
finance, the forest engineers, labour, the lumber
industry, the mining industry, the pulp and paper
industry and the railways.

(3) The remuneration and expenses of the members of t^g^and'^^"

the Committee shall be paid out of the Consolidated expenses.
Revenue Fund.

(4) The Committee shall have a secretary who shall be a secretary.
civil servant and who shall perform such other duties

as may be assigned to him.

(5) The Committee shall meet monthly or otherwise as Meetings.
may be agreed upon by the Minister and the Com-
mittee.

(6) It shall be the duty of the Committee to advise the duties.
Minister upon forest policy, either generally or in

any particular that may- be initiated by the Minister
or by the Committee, regard being had to the con-

131

servation, development and utilization of the forest
resources of Ontario.

Short title.

2. This Act may be cited as The Forestry Amendment Act,
1948.

131

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No. 131

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Forestry Act.

Mr. Scott

TORONTO

Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty

No. 131 1948

BILL

An Act to amend The Forestry Act.

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

1. Section 16 of The Forestry Act, as re-enacted by section ^^^^a sta*..
of The Statute Law Amendment Act, 1944 and amended by d^t*-

C. 58 S. 4)

subsection 6 of section 20 of The Statute Law Amendment ^c/, re-enacted!
1946, is repealed and the following substituted therefor:

16. — (1) There shall be a committee to be known as the^dvisory
,< * 1 • /^ • 1 TVT- • r T I .Committee.

Advisory Committee to the Minister of Lands and

Forests" consisting of a chairman and eight other

members, each of whom shall be appointed by the

Lieutenant-Governor in Council for such term as

may be specified in the Order-in-Council.

(2) Each of the following interests shall be represented be*repre- *°
on the Committee: the building industry, education, ^®'^*®<*-
finance, the forest engineers, labour, the lumber
industry, the mining industry, the pulp and paper
industry and the railways.

(3) The remuneration and expenses of the members of ^o^J^^nd'^*'

the Committee shall be paid out of the Consolidated expenses.
Revenue Fund.

(4) The Committee shall have a secretary who shall be a secretary.

civil servant and who shall perform such other duties
as may be assigned to him.

(5) The Committee shall meet monthly or otherwise as^eeti^s*-

may be agreed upon by the Minister and the Com-
mittee.

(6) It shall be the duty of the Committee to advise the Dutiw.
Minister upon forest policy, either generally or in

any particular that may be initiated by the Minister
or by the Committee, regard being had to the con-

131

servation, development and utilization of the forest
resources of Ontario.

Short title.

2. This Act may be cited as The Forestry Amendment Act,
1948.

131

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No. 132

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Insurance Act.

Mr. Blackwell

T O R O NT O

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes

Skction 1. The proposed section 82a eliminates the doctrine of
public policy in resjject to contracts of indemnity except in those cases
where the loss or damage is deliberately brought about by the insured or
by another person with his consent, unless the contract otherwise provides.
The enactment of the section is recommended in view of the conflict
between the decisions in the F^nglish and Canadian courts on the question
of public policy. Under Canadian law, an insured driving while intoxicated
so as to be guilty of a crime under section 285 of the Criminal Code is
precluded from obtaining indemnity for damages which may ensue. .Such,
however, does not appear to be the decision of the English Courts.

Section 2 — Subsection 1. The majority of group life insurance
policies are issued to employers covering their employees. However, some
other types exist, e.g., group insurance taken out by a union to cover its
members. The amendments must adapt Part V of the Act to clarify the
rights of the parlies in all types of groups. Accordingly the definition of
"group life insurance" is necessarily broad in its scope. The only exclusions
are (i) joint life insurance where the death of one person affects the insurance
of the other life or lives (this exclusion is accomplished by the use of the
word "severally") and (ii) creditor's group life insurance where a creditor
insures the lives of his debtors and thus payment of the benefit is made to
him and not to lieneficiaries named by the persons insured. The general
provisions of Part V appear adequate to determine the rights of the parties
m these two types of insurance.

132

No. 132 1948

BILL

An Act to amend The Insurance Act.

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

1. The Insurance Act is amended by adding thereto theRev. stat..

following section: amended.

82a. Unless the contract otherwise provides, a violation violation
of any criminal or other law in force in the province effect^ ofT
or elsewhere shall not, ipso facto, render unenforce- fjf^jgj^^j^^y^^
able a claim for indemnity under a contract of
insurance except where the violation is committed
by the insured, or by another person with the consent
of the insured, with intent to bring about loss or
damage, provided that in the case of a contract of
life insurance this section shall apply only to dis-
ability insurance undertaken as part of the contract.

2. — (1) Section 128 of The Insurance Act, as amended byRey. stat..
section 5 of The Insurance Amendment Act, 1946, is further amended,
amended by adding thereto the following paragraphs:

6a. "Creditor's group life insurance" means life insurance "Creditor's

. . r • 1 group life

effected by a creditor on the lives of his debtors insurance".
whereby the lives of the debtors are insured severally
under a single contract;

9a. "Group life insurance" means life insurance, other "Group life
than creditor's group life insurance, whereby the
lives of a number of persons are insured severally
under a single contract between an insurer and an
employer or other person contracting with the
insurer;

132

Rev. Stat.. (2) Paragraph 13 of the said section 128 is repealed and the

p'ar. 18.' folIowinK substituted therefor:
re-enaoted.

"iDBured". 13, "Insured" means the person who makes a contract

with an insurer;

3. Section 129 of The Insurance Act is amended by adding

Rev. Stilt.,

0.266.8. 120. , , r II • u *•

amended. thereto the followmg subsection:

Exception as
to applica-
tion of
section.

(5) This section does not apply to a contract of group life

insurance.

4. The Insurance Act is amended by adding thereto the

Rev. Stat..

o. 266. , „ .

amended. following section:

Law

applicable
in case of

ftroup life
nsu ranee.

129a. In the case of a contract of group life insurance,
whether made before or after the coming into force
of this section, —

(a) the law of. the place where the contract was
made shall apply between the insurer and the
insured;

(6) the law of the place where the person whose
life is insured was resident at the time his life
became insured shall apply in determining the
rights and status of beneficiaries and the rights
and obligations of the person whose life is
insured.

cl^lzeefs^Vao. ^- Section 130 of The Insurance Act is amended by adding
amended. thereto the following subsection:

Exception
as to appli-
cation of
section.

(2) This section does not apply to a contract of group
life insurance.

Rev. Stat. Q^ — (1) Subsection 1 of section 132 of The Insurance Act

c. 266, s. 132, ,

subs. 1, re- is repealed and the following substituted therefor:

enacted.

Contents
of policy.

(1) Every policy issued after the 1st day of January,
1925, other than a group life insurance policy, shall
state the name or sufficient designation of the insured,
of the person whose life is insured, and of the bene-
ficiary, the insurance money payable, the manner of
payment, the premium, and the facts that determine
the maturity of the contract.

Contents
of group life
insurance
policy.

(la) Every group life insurance policy shall state the name
or sufficient designation of the insured, the method

132

Subsection 2. The paragraph as re-enacted defines the "insured" as
the contracting party. The wording of the present paragraph is confusing
particularly where the contracting party is someone other than the person
whose life is insured.

Sections 3, 4 and 5. Section 129, dealing with the application of
Part V, and section 130, describing when the contract is deemed to be
made in the Province, are, in their present form, inappropriate in relation
to group life insurance. The purpose of the proposed section 129a is to
make it clear that the law relating to the rights of certificate holders and
beneficiaries shall be governed by the law of the Province in which the life
insured was resident at the time he became insured, even though the law
of the place where the contract was made applies to the relations between
the insurer and the employer.

Section 6 — Subsection 1. Subsection 1 of section 132 of the Act
prescribes what must be included in the policy. In view of the differences
between ordinary insurance and group insurance it is necessary to make
special provision for the latter (proposed subsection la). Subsection 1 is
amended by the insertion of the words "other than a group life insurance
policy" after the figures "1925".

132

Subsection 2. The words "of the insured" which appear after the word
"disablement" in the present subsection 4 of section 132 of the Act have
been deleted because the disablement might refer to either the insured or
the person whose life is insured. The amendment is necessary in view of the
change in the definition of "insured". The proposed subsection 4c relates
to group life insurance. It requires certificates to be issued setting forth
the information of interest to each life insured.

Section 7. The proposed section 132a makes it clear that, although
the term "insured" in Part V generally refers to the employer or other
person making the contract with the insurer, nevertheless in the provisions
of the Part relating to the designation and appointment of beneficiaries
and the rights and status of beneficiaries the life insured may exercise the
rights given the "insured".

Section 8. The words "person whose life is" have been inserted
before the word "insured" where it appears in the section. See note to
subsection 2 of section 2 of this Bill.

132

of determining the amount of insurance on each life
and the persons or classes of persons whose lives are
insured, and the facts that determine the manner
and time of payment of the insurance money and the
amount of the premium.

(2) Subsection 4 of the said section 132 is repealed and the Rev. stat.,
following substituted therefor: subs. 4, re- '

enacted.

(4) Every policy which includes disability insurance contents
shall further state what notice of disablement shall *^^ policy.
be given to the insurer.

(4a) In the case of a contract of group life insurance contents of
made after the date of the coming into force of thisfnsuranc^e
subsection, the insurer shall issue, for delivery by theP°^'^^'-
insured to each person whose life is insured under the
policy, a certificate identifying the policy and stating
the name or sufficient designation of the person
whose life is insured, of his beneficiary, of the
insurer, and of the insured, and stating the amount or
the method of determining the amount of insurance
and indicating any right of the person whose life is
insured upon termination of insurance on his life
under the policy.

7. The Insurance Act is amended by adding thereto the Rev. stat..
following section: amended.

132fl. — (1) Except as provided in subsection 2, in the case "insured", —
of group life insurance the employer or other person "^^^"^"s of.
making the contract with the insurer is the insured
for the purposes of this Part.

(2) In the case of group life insurance the term "insured" idem,
shall, in the provisions of this Part relating to the
designation or appointment of beneficiaries and the
rights and status of beneficiaries, mean the person
whose life is insured.

8. Section 133 of The Insurance Act is repealed and the^gv st^t.,
following substituted therefor: re-eni'ct'ed^^'

133. Where the amount of insurance money, exclusive Payment of
of dividends and bonus, does not exceed $2,000, the^^Sing*
policy, notwithstanding that it is expressed to be^^.ooo.
payable to a named or designated beneficiary, may
provide that the insurance money may be paid to
any relative by blood or connection by marriage of
the person whose life is insured or any other person
appearing to the insurer to be equitably entitled to

132

the same by reason of having incurred ^expense for
the maintenance, medical attendance or burial of the
f)erson whose life is insured or to have a claim against
.the estate of the person whose life is insured in
relation thereto.

9. Subsection 2 of section 135 of The Insurance Act is

R«7. Stat..
0.266,4. 136.

2n^t«d.™' repealed and the following substituted therefor:

InoontoBta-
bility of
statements.

(2) The Statements made by the insured, or the person
whose life is insured, in the application, on the
medical examination (if any), or in any statements or
answers furnished in lieu of a medical examination
other than fraudulent statements or statements
erroneous as to age, shall be deemed to be true and
incontestable after the insurance of the person whose
life is insured has been in force for two years during
his lifetime, but this provision shall not apply with
respect to disability insurance or double indemnity
insurance.

?1j66^8*V38 ^^" Section 138 of The Insurance Act is amended by adding
amended. ' thereto the following subsection:

Exception
as to

application
of section.

(6) This section does not apply to a contract of group
life insurance.

Rev. Stat.
C. 256,
amended.

Age.

Rev. Stat.,
c. 256.8. 139,
subs. 2, re-
enacted.

11. The Insurance Act is amended by adding thereto the
following section :

138a. If a contract of group life insurance provides that
the age of a person whose life is insured affects the
commencement or the termination of the insurance
or the amount thereof or any other right or benefit
under the contract, the true age shall govern.

12. Subsection 2 of section 139 of The Insurance Act is
repealed and the following substituted therefor:

Effect of
default in
payment of
premium.

(2) Subject to the provisions of section 140, where a
cheque, bill of exchange or promissory note payable
to the insurer, or other written promise to pay the
insurer, is given, whether originally or by way of
renewal, for the whole or part of any premium, and
such cheque, bill of exchange, or promissory note,
or other written promise to pay, is not paid according
to its tenor, the contract shall, unless otherwise pro-
vided in the policy, be void.

13. Subsection 4 of section 141 of The Insurance Act is

Rev. Stat.,
o. 266,8. 141,

en^ted.'^®' repealed and the following substituted therefor:

i32

Section 9. The words "insurance on the person whose life is insured
has been in force for two years during his lifetime" have been substituted
for "contract has been in force for two years during the lifetime of the person
whose life is insured". In group insurance persons insured frequently join
the group after the contract has been in force a number of years, conse-
quently the two-year incontestability period should date from the time
the insurance becomes effective on each life insured rather than from the
date the contract is made. The subsection as re-enacted will apply to both
group and individual contracts.

Section 10. See note to section 11 of this Bill.

Section 11. Section 138, respecting misstatement of age, is not
applicable to group insurance. Group insurance contracts provide that if a
misstatement of age has been made the premium will be equitably adjusted
provided the misstatement does not affect, for instance, the termination of
the insurance or of a benefit such as a total disability benefit.

._^*

Section 12. The words "such cheque, bill of exchange or promissory
note, or other written promise to pay, is not paid according to its tenor"
are substituted for "the instrument, if payable on demand, is not paid upon
presentment made on or after its date, or if payable at a future time, is not
paid upon presentment made at or after its maturity". In Walsh v.
Excelsior Life (1935, O.R. 445; affirmed on appeal 1936 O.W.N. 84) it
was said that subsection 2 of section 139 of the Act requires a note given in
payment of a premium to be presented personally for payment. In the
Walsh case reference was made to subsection 3 of section 93 of the Act
relating to contracts of insurance other than contracts of life insurance.
The Court indicated that under that provision presentment was not
necessary. There appears to be no sound reason to require presentment for
life contracts and not for non-life contracts. The expression "according
to its tenor" is in line with the general law relating to bills of exchange, etc.

Section 13. The words "or to a contract of group life insurance"
have been added at the end of subsection 4 of section 141 of the Act.
In the case of group life insurance the contract is between the employer
and the insurer and reinstatement requirements applicable to ordinary
insurance are not necessary.

132

Section 14. Where a policy is taken out by a parent on the life of
his minor child some provision should be made for transfer of the ownership
of the policy on the parent's death, otherwise the ownership of the policy
passes to the parent's estate. In many cases no other asset exists and it
seems unreasonable to put the parties to the expense of obtaining letters
of administration or probate simply to permit effective dealing with the
policy by, usually, the surviving parent. The proposal, therefore, is to
establish a simple means of transferring ownership at death while at the
same time permitting the original owner to maintain control of the policy
during his lifetime.

Section 15. Frequently the owner of a policy on the life of someone
else wishes to transfer the policy to the life insured, e.g., where a parent
has taken out a policy on his minor child and wishes the child to have
control of the policy when he reaches majority. The proposed section 152a
gives the child in such circumstances the right to appoint a beneficiary to
take on death.

Section 16. The proposed subsection 2a is designed to enable the
life insured under a contract of group life insurance to enforce any right
the policy gives to him, e.g., the right of conversion.

132

(4) This section does not apply to a contract of insurance Exception
made by a fraternal society or to a contract of application
group life insurance. °^ section.

14. The Insurance Act is amended by adding thereto the Rev. stat.,
following heading and section : amended.

Third Party Policies on Lives of Minors.

150a. — (1) Where a contract effected on the life of a Third party
minor by someone other than the minor, or an agree- {-ves'of °"
ment in writing between the insurer and the insured minors.
respecting such a contract, provides that a person
named in the contract or the agreement shall upon
the death of the insured have all the rights and
interests of the insured in the contract, —

(a) the contract shall not, upon the death of the
insured, form part of his estate; and

(6) the person named pursuant to this section shall,
upon the death of the insured, have all rights
and interests of the insured in the contract
and shall be deemed to be the insured.

(2) Notwithstanding any nomination made pursuant to saving.
this section the insured may, prior to his death, deal
with the contract as if such nomination had not been
made, and may alter or revoke such nomination by
agreement in writing with the insurer.

15. The Insurance Act is amended by adding thereto the Rev. stat.,

following section : amended.

152a. Where a contract is assigned, otherwise than asAppoint-
security for a loan or debt, to the person whose life b^^^ficiary.
is insured, that person shall thereupon be deemed to
be the insured.

16. Section 153 of The Insurance Act, as amended byj^ev. stat.,
section 6 of The Insurance Amendment Act, 1946, is further ^^^^^|^^^^'
amended by renumbering subsections 2a and 2b as subsections

26 and 2c respectively, and by adding thereto the following
subsection :

insurance.

(2a) A person whose life is insured under a contract of Group life
group life insurance may in his own name enforce
any right stated in the policy to be given to him,
subject to any defence available to the insurer
against him or the insured.

132

Surplus
and profltH.

R«v. Stat., 17. Subsection 1 of section 164 of The Insurance Act is

siibs. i?re- ' repealed and the following substituted therefor:
enacted .

(1) Notwithstanding the designation of .a preferred
beneficiary, any person who effects a participating
contract, other than a contract of group life insurance,
may, during his lifetime, receive for his own benefit
the surjjlus or profits declared on the contract or may
direct the insurer to apply them in payment or
recluction of premiums, or in the purchase of paid-up
additions to the sum insured, or to hold them to his
credit for accumulation, or to deal otherwise with
such surplus or profits as the contract may provide,
and upon the maturity of the contract, all surplus
or profits so held to the credit of the insured, or being
due and unpaid, shall, subject to the contract and to
any direction by the insured to the contrary, be
added to the insurance money and the share of any
beneficiar>' shall be increased accordingly.

(la) In the case of group life insurance, surplus, profits,
dividends or bonuses shall be applied in accordance
with the terms of the contract.

Idem.

18. Subsection 2 of section 172 of The Insurance Act is

Rev. Stat.,
o. 256.8. 172,

subs. 2, re- repealed and the followmg substituted therefor:
enacted. °

Place of
payment.

(2) Except in the case of a contract of group life insurance,
insurance mone^^ shall be payable in the province
in which the insured is domiciled at the time of death,
or in which he is domiciled when it becomes payable
otherwise than by reason of death, or, if he was
not or is not then domiciled in Canada and the
contract does not otherwise provide, shall be payable
at the head or principal oflfice of the insurer in Canada.

Idem.

(2a) In the case of a contract of group life insurance,
insurance money shall be payable in the province
in which the person whose life is insured is domiciled
at the time of death, or in which he is domiciled
when it becomes payable otherwise than by reason
of death, or, if he was not or is not then domiciled
in Canada and the contract does not otherwise
provide, shall be payable at the head or principal
oflfice of the insurer in Canada.

19. Section 175a of The Insurance Act, as enacted by

Rev. Stat.,
0. 266.

(1940." section 5 of The Insurance Amendment Act, 1940, is repealed

re^n'acte^d' ^"^ ^^® following substituted therefor:

Contract not
invalidated
by suicide.

175a. An agreement, express or implied, contained in a

132

Section 17. The words "other than a contract of group life insur-
ance" have been added after the words "participating contract" in subsec-
tion 1 of section 164.

In group life insurance the contract continues after the death of a life
insured and therefore dividends or rate changes are adjusted between the
contracting parties. (See proposed subsection la.)

Section 18. The words "except in the case of a contract of group
life insurance" have been added at the commencement of subsection 2 of
section 172.

In view of the amendment made in subsection 2 of section 2 of this
Bill whereby "insured" is defined as the person making the contract with
the insurer, a subsection 2a is added to section 172 to indicate clearly that
in group life insurance money is payable in the Province in which the life
insured is domiciled.

Section 19. The words "person whose life is" have been inserted
before the word "insured" in section 175a of the Act. See note to subsection
2 of section 2 of this Bill.

132

Section 20. The words "incurred upon payment into court in accord-
ance with subsection 2" have been inserted after the word "costs" in sub-
section 3 of section 1 79 of the Act. It has been said that the limits on costs
in this subsection apply to payments into court under subsection 1 as well
as under subsection 2. Applications under subsection 1 frequently involve
substantially more time and effort on the part of solicitors than the fees
prescribed contemplate. Accordingly, the amendment is designed to
make clear what was, no doubt, always intended, i.e., that subsection 3
applies only to applications under subsection 2 and that the more general
provisions of section 181 apply to applications under subsection 1.

Section 21. The words "fix and ascertain without taxation" in the
first line are substituted for the word "order", and the words "subsection 1
of section 179 or under section 180 and may order such costs" are substituted
for "section 179 or 180". In addition to clarifying the reference to section
179, as explained in the note to section 20 of this Bill, the re-enactment of
section 181 is designed to clarify ambiguities in the present provision.

Section 22. The section repealed reads as follows:

187a. Indemnity under a contract of automobile insurance shall not
be deemed contrary to public policy whether or not loss or damage
in respect of which the indemnity is claimed has been caused
through negligence or through violation of the Criminal Code
or any law or statute of any province, state or cbuntry by the
owner or driver of the automobile.

The form of this section, even in its application to automobile insur-
ance, is not thought satisfactory in that it simply provides that "indemnity
under a contract of automobile insurance shall not be deemed contrary
to public policy", whereas it is considered advisable to provide, as does the
proposed section 82a (section 1 of this Bill) that a violation of any law,
etc., "shall not, ipso facto, render unenforceable a claim for indemnity"
and it will be noted that the proposed section 82a is not limited to auto-
mobile insurance.

Section 23 — Subsections 1 and 2. At the present time clause b of
paragraph 1 and clause b of paragraph 2 of statutory condition 2 in section
188 of the Act prohibit the insured from using or driving the automobile
while he is not for the time being "qualified and authorized by law to drive
or operate the automobile" and in the case of a claim being made under the
policy, if the insurer could prove that at the time of the accident the
insured did not have a license or was not qualified to drive, the insurer
could successfully resist payment of the claim. Under the amendments as
proposed, the insured would not be in default in making his claim if he
could prove that at the time of the accident he either had a license or was
qualified to drive the automobile. In this connection it was the feeling of
the Superintendents of Insurance that the Automobile Part of The Insurance
Act should not be made a medium for enforcing the licensing provisions of
The Highway Traffic Act and that the only concern of the insurer in such a
case was whether the insured motorist was qualified to drive the automobile
at the time of the accident or held a license to drive.

132

contract of life insurance for the payment of insur-
ance money in the event that the person whose life
is insured commits suicide shall be lawful and
enforceable.

20. Subsection 3 of section 179 of The Insurance Act isRev. stat..
repealed and the following substituted therefor: subs. sfVe-^'

enacted.

(3) The insurer may retain out of the insurance money costs,
for costs incurred upon payment into court in accord-
ance with subsection 2, $10 if the amount does not
exceed $1,000, and $15 in other cases, and payment of
the remainder into court shall discharge the insurer.

21. Section 181 of The Insurance Act is repealed and the Rev. stat.,
following substituted therefor: re-enacted.

181. The court may fix and ascertain without taxation Costs of
the costs incurred upon or in connection with anySndel-^ ^^^^
application or order made under subsection 1 of ^^" ^^^' ^^^'
section 179 or under section 180 and may order
such costs to be paid out of the insurance money or
by the insurer or the applicant or otherwise as may
seem just.

22. Section 187a of The Insurance Act, as enacted by^Yse?*^*"
subsection 1 of section 5 of The Insurance Amendment -^c/.^gfj''
1942, is repealed. subl'i) ^'

repealed.
23. — (1) Paragraph 1 of statutory condition 2 in section 188 Rev. stat.,
of The Insurance Act is amended by striking out the first twosta. con.' 2, '
lines and clause h and inserting in lieu thereof the following: amended.

(1) The insured shall not drive or operate the automobile:

{b) unless he is for the time being either authorized by law or
qualified to drive or operate the automobile, or while he is
under the age of sixteen years or under such other age as is
prescribed by the law of the province where he resides at
the time the policy is issued; or

(2) Clause h of paragraph 2 of statutory condition 2 in the Rev. stat.,

' • , ' c 256 s 188

said section 188 is repealed and the followmg substituted sta. con.' 2, '

therefor: rTen'act'id.''

{b) by any person, unless such person is for the time being either
authorized by law or qualified to drive or operate the
automobile, or while such person is under the age of
sixteen years or under such other age as is prescribed by
law; or

132

enacted.

?*26'6^8''V88 (•'^ Clause a of statutory condition 3 in the said section
stB. con! 3. 188 is repealed and the following substituted therefor:

ol. a, re-

(a) with trailer attached where:

(i) the automobile is of other than the private passenger type;
or

(ii) the automobile is of the private passenger type and the
trailer is a cabin trailer, trailer home, or other trailer while
such other trailer is being used for business, passenger-
carrying or commercial purposes; or

c''*256?8?2i8. 24. Subsection 4 of section 213 of The Insurance Act is
^nacted"^* repealed and the following "substituted therefor:

Special (4) If in the opinion of the Superintendent, any condi-

tion or any part of a condition is not suitable having
regard to the nature of the contract, the insurer may,
with the approval of the Superintendent, omit the
condition or part of a condition from the policy.

^®^,.o^'**o 1 A 25. Section 214 of The Insurance Act, as re-enacted by

C. 2ot>, 8. ^14 ' -'

(1939. section 3 of The Insurance Amendment Act, 1939, is repealed

re-en'ac'ted* and the following substituted therefor:

conditions,— 214. Where a policy of accident insurance is issued
notice as to. through the agency of a transportation corporation

that holds a license issued under section 281, the
statutory conditions set out in section 212 need not
be printed on the policy if the policy contains the
following notice printed in conspicuous type: "Not-
withstanding any other provision herein contained
this policy is subject to the statutory conditions
respecting contracts of accident insurance".

£-^*"!fi-"i®„'f 26. This Act shall come into force on a day to be named
ment of Act. , , , . -., ^ % • -n

by the Lieutenant-Governor by his Proclamation.

Short title. 27. This Act may be cited as The Insurance Amendment
Act, 1948.

132

Subsection 3.' The effect of this amendment will be to relieve an
insured motorist from securing the express permission from the com-
pany by way of an endorsement on the policy if he uses an automobile
of the private passenger type for other than business, passenger-carrying
or commercial purposes, such as using a trailer to transport household
goods to a summer home.

Section 24. There are many instances where certain of the prescribed
statutory conditions have no application to the contract and are therefore
not suitable but under the present subsection 4 of section 213 of the Act
the Superintendent may approve of the omission of such conditions only
"if the perils insured against are so limited that any condition other than
those enumerated in this section, or any part of such a condition has no
application to the contract". The proposed subsection is more flexible
and clearly permits the omission of statutory conditions which have no
relevancy to the contract.

Section 25. The present section 214 of the Act provides for the
omission of statutory conditions only in cases where a policy of accident
insurance is issued "in the forpi of a ticket through the agency of a trans-
portation corporation". Formerly, the practice of a transportation com-
pany in such cases was to issue such policies as part of the ticket. This
system has been changed in recent years, however, and the policy is now
issued in the form of a separate document apart from the ticket.

132

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No. 132

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Insurance Act.

Mr. Blackwell

T O R O NT O

i*rinted and published by baptist johnston

Printer to the King's Most Excellent Majesty

No. 132 1948

BILL

An Act to amend The Insurance Act.

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

1. The Insurance Act is amended by adding thereto theRev. stat.,

r n • ^- ^ » ^ 256.

tollowmg section: amended.

82fl. Unless the contract otherwise provides, a violation violation
of any criminal or other law in force in the province effect of7
or elsewhere shall not, ipso facto, render unenforce- ?f(jg|^^j^(.y°''
able a claim for indemnity under a contract of
insurance except where the violation is committed
by the insured, or by another person with the consent
of the insured, with intent to bring about loss or
damage, provided that in the case of a contract of
life insurance this section shall apply only to dis-
ability insurance undertaken as part of the contract.

2. — (1) Section 128 of The Insurance Act, as amended byRey. stat.,
section 5 of The Insurance Amendment Act, 1946, is further amended.
amended by adding thereto the following paragraphs :

6a. "Creditor's group life insurance" means life insurance "Creditor's
effected by a creditor on the lives of his debtors insurance",
whereby the lives of the debtors are insured severally
under a single contract;

132

?%6^8*i28 (2) Paragraph 13 of the said section 128 is repealed and the

par. 13.' ■ following substituted therefor:
re-«nacted. "

"Insured". 13, "Insured" means the person who makes a contract

with an insurer;

?'*25'6^8^i"29 ^- Section 129 of The Insurance Act is amended by adding
amended. thereto the following subsection:

Exception as
to applica-
tion of
section.

(5) This section does not apply to a contract of group life

insurance.

Rev. Stat.,
o. 266,
amended.

4r. The Insurance Act is amended by adding thereto the
following section:

Law

applicable
in case of
sroup life
insurance.

129a. In the case of a contract of group life insurance,
whether made before or after the coming into force
of this section, —

(a) the law of the place where the contract was
made shall apply between the insurer and the
insured ;

(b) the law of the place where the person whose

life is insured was resident at the time his life
became insured shall apply in determining the
rights and status of beneficiaries and the rights
and obligations of the person whose life is
insured.

c!^*2^'6?8^V30. 5. Section 130 of The Insurance Act is amended by adding
amended. thereto the following subsection:

Exception
as to appli-
cation of
section.

(2) This section does not apply to a contract of group
life insurance.

c*^ 2^56^8^ i'32 ^* — ^^^ Subsection 1 of section 132 of The Insurance Act

siibs. 1. re- 'is repealed and the following substituted therefor:
enacted.

Contents
of policy.

Contents
of group life
insurance
policy.

(la) Every group life insurance policy shall state the name
or sufficient designation of the insured, the method

132

(2) Subsection 4 of the said section 132 is repealed and the Rev. stat..
following substituted therefor: subs. 4!re- '

enacted.

(4) Every policy which includes disability insurance contents
shall further state what notice of disablement shall °^'^°"°^-
be given to the insurer.

(4a) In the case of a contract of group life insurance contents of
made after the date of the coming into force of thisfnsurance
subsection, the insurer shall issue, for delivery by theP°'^°^'-
insured to each person whose life is insured under the
policy, a certificate identifying the policy and stating
the name or sufficient designation of the person
whose life is insured, of his beneficiary, of the
insurer, and of the insured, and stating the amount or
the method of determining the amount of insurance
and indicating any right of the person whose life is
insured upon termination of insurance on his life
under the policy.

7. The Insurance Act is amended by adding thereto the Rev. stat.,

following section; ame^nded.

132a. — (1) Except as provided in subsection 2, in the case "insured", —
of group life insurance the employer or other person "^^^^''^^ °^-
making the contract with the insurer is the insured
for the purposes of this Part.

8. Section 133 of The Insurance Act is repealed and the ^g^. stat.,
following substituted therefor: r'-^na'ct'ed^^'

133. Where the amount of insurance money, exclusive payment of
of dividends and bonus, does not exceed $2,000, thel^'^^^^^y!^^
policy, notwithstanding that it is expressed to be $2,000.
payable to a named or designated beneficiary, may
provide that the insurance money may be paid to
any relative by blood or connection by marriage of
the person whose life is insured or any other person
appearing to the insurer to be equitably entitled to

132

the same by reason of having incurred expense for
the maintenance, me<lical attendance or burial of the
person whose Hfe is insured or to have a claim against
the estate of the person whose life is insured in
relation thereto.

?*266?8?i36. O- Subsection 2 of section 135 of The Insurance Act is
Inacte^d"' repealed and the following substituted therefor:

Incontesta-
bility of
statements.

(2) The statements made by the insured, or the person
whose life is insured, in the application, on the
medical examination (if any), or in any statements or
answers furnished in lieu of a medical examination
other than fraudulent statements or statements
erroneous as to age, shall be deemed to be true and
incontestable after the insurance on the person whose
Hfe is insured has been in force for two years during
his lifetime, but this provision shall not apply with
respect to disability insurance or double indemnity
insurance.

10. Section 138 of The Insurance Act is amended by adding

Rev. Stat..

0.266.8. 138. , , f ,, • 1 ^.

amended. thereto the followmg subsection:

Exception
as to

application
of section.

(6) This section does not apply to a contract of group
life insurance.

Rev. Stat.
c. 256.
amended.

Age.

11. The Insurance Act is amended by adding thereto the
following section:

Rev. Stat..
c. 256.8. 139.

«. .*u«.o. ioa. 12. Subsection 2 of section 139 of The Insurance Act is
enacte^d.™ repealed and the following substituted therefor:

Effect of
default in
payment of
premium.

13. Subsection 4 of section 141 of The Insurance Act is

Rev. Stat..
0.256.8. 141.

enacted '^*" ""^P^^'^^l and the following substituted therefor:

132

(4) This section does not apply to a contract of insurance Exception
made by a fraternal society or to a contract of application

vf • " of section.

group hie insurance.

14. The Insurance Act is amended by adding thereto the Rev. stat.,
following heading and section: amended.

Third Party Policies on Lives of Minors.

150a. — (1) Where a contract effected on the life of a Third party
minor by someone other than the minor, or an agree- j^ves^of °^
ment in writing between the insurer and the insured n^'^ors.
respecting such a contract, provides that a person
named in the contract or the agreement shall upon
the death of the insured have all the rights and
interests of the insured in the contract, —

{a) the contract shall not, upon the death of the
insured, form part of his estate; and

(&) the person named pursuant to this section shall,
upon the death of the insured, have all the
rights and interests of the insured in the con-
tract and shall be deemed to be the insured.

(2) Notwithstanding any nomination made pursuant to saving,
this section the insured may, prior to his death, deal
with the contract as if such nomination had not been
made, and may alter or revoke such nomination by
agreement in writing with the insurer.

15. The Insurance Act is amended by adding thereto the Rev. stat.,

following section: amended.

152a. Where a contract is assigned, otherwise than asAppoint-
security for a loan or debt, to the person whose life beneficiary,
is insured, that person shall thereupon be deemed to
be the insured.

16. Section 153 of The Insurance Act, as amended by Rev. stat.,
section 6 of The Insurance Amendment Act, 1946, is further °-jj^^j^j|j^^^'
amended by renumbering subsections 2a and 2h as subsections

2& and 2c respectively, and by adding thereto the following
subsection :

(2a) A person whose life is insured under a contract of Group life

,.- . • 1 • r insurance.

group life insurance may in his own name enforce
any right stated in the policy to be given to him,
subject to any defence available to the insurer
against him or the insured.

132

Rev. Stat.. 17, Subsection 1 of section 164 of The Insurance Act is

Bubs. i.'re- 'repealed and the following substituted therefor:
enacted. '^

Surplus
and profits.

Idem.

(1) Notwithstanding the designation of a preferred
beneficiary, any person who effects a participating
contract, other than a contract of group Hfe insurance,
may, during his lifetime, receive for his own benefit
the surplus or profits declared on the contract or may
direct the insurer to apply them in payment , or
reduction of premiums, or in the purchase of paid-up
additions to the sum insured, or to hold them to his
credit for accumulation, or to deal otherwise with
such surplus or profits as the contract may provide,
and upon the maturity of the contract, all surplus
or profits so held to the credit of the insured, or being
due and unpaid, shall, subject to the contract and to
any direction by the insured to the contrary, be
added to the insurance money and the share of any
beneficiary shall be increased accordingly.

(la) In the case of group Hfe insurance, surplus, profits,
dividends or bonuses shall be applied in accordance
with the terms of the contract.

^^^r^^**VAo 18. Subsection 2 of section 172 of The Insurance Act is

C. ^oOf B. XT«» , ,

subs. 2, re- repealed and the followmg substituted therefor:

enacted.

Place of
payment.

(2) Exceptin the case of a contract of group life insurance,
insurance money shall be payable in the province
in which the insured is domiciled at the time of death,
or in which he is domiciled when it becomes payable
otherwise than by reason of death, or, if he was
not or is not then domiciled in Canada and the
contract does not otherwise provide, shall be payable
at the head or principal office of the insurer in Canada.

Idem.

(2a) In the case of a contract of group life insurance,
insurance money shall be payable in the province
in which the person whose life is insured is domiciled
at the time of death, or in which he is domiciled
when it becomes payable otherwise than by reason
of death, or, if he was not or is not then domiciled
in Canada and the contract does not othersvise
provide, shall be payable at the head or principal
office of the insurer in Canada.

Rev. Stat.,
0. 256.
8. 176a
(1940,

re^nac'ted* ^"^ ^^^ following Substituted therefor:

19. Section 175a of The Insurance Act, as enacted by
section 5 of The Insurance Amendment Act, 1940, is repealed

Contract not
invalidated
by suicide.

175a. An agreement, express or implied, contained in a

132

contract of life insurance for the payment of insur-
ance money in the event that the person whose life
is insured commits suicide shall be lawful and
enforceable.

20. Subsection 3 of section 179 of The Insurance Act is^ev. stat.,
repealed and the following substituted therefor: siibs. s.Ve- '

enacted.

(3) The insurer may retain out of the insurance money Costs,
for costs incurred upon payment into court in accord-
ance with subsection 2, $10 if the amount does not
exceed $1,000, and $15 in other cases, and payment of
the remainder into court shall discharge the insurer.

21. Section 181 of The Insurance Act is repealed and the^®2^-gS*^*-'
following substituted therefor: re-enacted.

181. The court mav fix and ascertain without taxation Costs of

, . ' , . . . , proceedings

the costs mcurred upon or m connection with any under

application or order made under subsection 1 of ^^' ' ^ '

section 179 or under section 180 and may order

such costs to be paid out of the insurance money or

by the insurer or the applicant or otherwise as may

seem just.

22. Section 187a of The Insurance Act, as enacted bye. ^256, ^ "
subsection 1 of section 5 of The Insurance Amendment Act,\xQfl^
1942, is repealed. suhl'l).^'

repealed.
23. — (1) Paragraph 1 of statutory condition 2 in section 188 Rev. stat.,

. ^ . . c. 256 s 188

of The Insurance Act is amended by striking out the first twosta. con! 2,
lines and clause b and inserting in lieu thereof the following: amended.

(1) The insured shall not drive or operate the automobile:

(b) unless he is for the time being either authorized by law or
qualified to drive or operate the automobile, or while he is
under the age of sixteen years or under such other age as is
prescribed by the law of the province where he resides at
the time the policy is issued; or

(2) Clause b of paragraph 2 of statutory condition 2 in the Re^^- stat.,
said section 188 is repealed and the following substituted sta. con. 2,

^t r par. 2, cl. b,

tnereior: re-enacted.

(b) by any person, unless such person is for the time being either
authorized by law or qualified to drive or operate the
automobile, or while such person is under the qge of
sixteen years or under such other age as is prescribed by
law; or

132

Rev. Stat..
0. 266, a. 188.

(3) Clause a of statutory condition 3 in the said section
Bta. con. 3. 188 is repealed and the following substituted therefor:

ol. a. re- ^

enacted.

(a) with trailer attached where:

(i) the automobile is of other than the private passenger type;
or

o!^®25'6?8^2i3. 24. Subsection 4 of section 213 of The Insurance Act is
'nacted ^^ repealed and the following substituted therefor:

Special
oaees.

(4) If, in the opinion of the Superintendent, any condi-
tion or any part of a condition is not suitable having
regard to the nature of the contract, the insurer may,
with the approval of the Superintendent, omit the
condition or part of a condition from the policy.

25. Section 214 of The Insurance Act, as re-enacted by

Rev. Stat.,
o. 256. 8. 214

(1939, section 3 of The Insurance Amendment Act, 1939, is repealed

re-enacted." and the following substituted therefor:

statutory
conditions,—
notice as to.

214. Where a policy of accident insurance is issued
through the agency of a transportation corporation
that holds a license issued under section 281, the
statutory conditions set out in section 212 need not
be printed on the policy if the policy contains the
following notice printed in conspicuous type: "Not-
withstanding any other provision herein contained
this policy is subject to the statutory conditions
respecting contracts of accident insurance".

Commence-
ment of Act.

26. This Act shall come into force on a day to be named
by the Lieutenant-Governor by his Proclamation.

Short title. 27. This Act may be cited as The Insurance Amendment
Act, 1948.

132

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No. 133

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to suspend The Income Tax Act (Ontario).

Mr. Frost

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note

The Bill suspends the operation of The Income Tax Act with respect
to incomes for the calendar year 1948.

133

No. 133 1948

BILL

An Act to suspend The Income Tax Act (Ontario).

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

1. — (1) Notwithstanding any of the provisions of r^g Personal

X rr> A /r\ • \ 1 1 1 n 1 income tax

income lax Act (Untario) and amendments, no tax shall be suspended,
levied under the said Act on income of the calendar year Rev. stat.,
nineteen hundred and forty-eight and no person shall be^'^^"
required, without a notice or demand in writing from the
Comptroller of Revenue or the Commissioner of Income Tax
of Canada, or an officer of the Government of Canada on behalf
of the Government of Ontario or an officer of the Government
of Ontario authorized to make such demand, to file returns
under the said Act of income earned during the calendar year
nineteen hundred and forty-eight, but nothing herein contained
shall affect any of the provisions of the said Act with respect
to the income of any person earned prior to the calendar year
nineteen hundred and forty-one.'t^ I ; ;

_ ^ ■ ' j 1 '' : I ' h J

(2) The provisions of section 2>Z of The Income Tax ^c^ Returns

,r\ • \ • • 11- • under

(Ontario) requirmg any person to deliver a return upon notice Rev. stat.,

or demand in writing, and the provisions of sections 41, 42, "

43, 44 and 45 of the said Act shall remain in full force and

effect notwithstanding this Act,

2. This Act shall come into force on the day upon which it Commence-

^ .'I- ment of Act,

receives the Royal Assent.

3. This Act may be cited as The Income Tax Suspension Short tit\e.
Act, 1948.

133

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No. 133

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to suspend The Income Tax Act (Ontario).

Mr. Frost

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 133 1948

BILL

An Act to suspend The Income Tax Act (Ontario).

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

1. — (1) Notwithstanding any of the provisions of TAe Personal

T -T^ A /r^ • \ 1 1 1111 income tax

income lax Act (Untano) and amendments, no tax shall be suspended,
levied under the said Act on income of the calendar year Rev. stat.,
nineteen hundred and forty-eight and no person shall be°'^^'
required, without a notice or demand in writing from the
Comptroller of Revenue or the Commissioner of Income Tax
of Canada, or an officer of the Government of Canada on behalf
of the Government of Ontario or an officer of the Government
of Ontario authorized to make such demand, to file returns
under the said Act of income earned during the calendar year
nineteen hundred and forty-eight, but nothing herein contained
shall affect any of the provisions of the said Act with respect
to the income of any person earned prior to the calendar year
nineteen hundred and forty-one.

(2) The provisions of section 2>2> of The Income Tax ^c/ Returns

/^^ . , . . ... . under

(Ontario) requirmg any person to deliver a return upon notice Rev. stat.,

or demand in writing, and the provisions of sections 41, 42,°'

43, 44 and 45 of the said Act shall remain in full force and

effect notwithstanding this Act.

2. This Act shall come into force on the day upon which it commence-

, T-> 1 A ment of Act.

receives the Royal Assent.

3. This Act may be cited as The Income Tax Suspension short title.
Act, 1948.

133

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No. 134

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Corporations Tax Act, 1939.

Mr. Frost

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes

Sections 1 and 2. These amendments have the effect of reducing the
tax payable by all insurance companies on insurance premiums to two
per cent.

134

No. 134 1948

BILL

An Act to amend The Corporations Tax Act, 1939.

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

1. — (1) Subsection 1 of section 4 of The Corporations Tax 1939. c. lo.
Act, 1939, is amended by striking out the words "one and |mended.' ■'^'
three-quarters" in the second line and inserting in lieu thereof
the word "two", so that the said subsection, exclusive of the
clauses, shall now read as follows:

(1) Every insurance company shall pay a tax in respect Life

of life insurance premiums of two per centum cal- companies.
culated upon the gross premiums received during the
fiscal year from policy holders resident in Ontario
at the time such premiums were paid excluding, —

(2) Subsection 2 of the said section 4 is repealed and the 1939, c. 10,
following substituted therefor: re-enacted.^'

(2) Every insurance company shall pay a tax in respect Fire and
of premiums other than life insurance premiums offnsuran^e
two per centum calculated upon the gross premiums companies.
received during the fiscal year by the company or
its agent or agents in respect of business transacted
in Ontario excluding, —

(a) premiums returned ;

{h) premiums paid in respect of reinsurance ceded
to insurance companies licensed to transact
business in Ontario;

{d) cash value of dividends paid or credited to
policy holders by mutual insurance companies.

134

1939.

o. 10, 8. 9<i

(1940,

c. 0, s. 1),

re-enacted.

2. Section 9a of The Corporations Tax Act, J 939, as enacted
by section 1 of The Corporations Tax Amendment Act, 1940,
the provisions of which were enacted to apply to companies in
respect of all fiscal years ending in 1947 and subsequent fiscal
years by section 8 of The Corporations Tax Amendment Act,
1947, is repealed and the following substituted therefor:

Further tax
payable by
companies.

9a. Every company upon which taxes are imposed by
sections 3, 5, 6, 8 and 9 shall, for every fiscal year of
such company, pay an additional tax equal to twenty-
five per centum of the taxes imposed by such sec-
tions upon such company.

1939. c. 10. 3, Subsection 4 of section 14 of The Corporations Tax Act,

amended. ' 1939, as amended by section 1 of The Corporations Tax

Amendment Act, 1939 and section 3 of The Corporations Tax

Amendment Act, 1947, is further amended by adding thereto

the following clauses:

Exploration
for oil.

ij) An amount equal to the aggregate of the exploration
and drilling expenses, including all geological and
geophysical expenses, incurred during its fiscal year,
with respect to oil wells in Ontario by an incorporated
company the principal business of which is the
exploration and drilling for oil or the production,
refining or marketing of petroleum or petroleum
products.

Exploration
for natural
gaa.

ik) An amount equal to the aggregate of the exploration
and drilling expenses, incurred during its fiscal year,
with respect to natural gas wells in Ontario by an
incorporated company the principal business of which
is the exploration and drilling for or the production
and marketing of natural gas.

Exploration
for minerals.

(/) An amount equal to the aggregate of the prospecting,
exploration and development expenses, incurred
during its fiscal year, in searching for minerals in
Ontario by an incorporated company the principal
business of which is the mining of minerals or the
searching for minerals, and in this clause the word
"minerals" shall not include diatomaceous earth,
limestone, marl, peat or building stone, or stone for
ornamental or decorative purposes or non-auriferous
sand or gravel.

1939,

c. 10, B. 17,

subs. 1,

amended.

4. — (1) Subsection 1 of section 17 of The Corporations Tax
Act, 1939, as amended by section 5 of The Corporations Tax
Amendment Act, 1947, is further amended by striking" out the
word "as the Lieutenant-Governor in Council may prescribe"
in the ninth and tenth lines and inserting in lieu thereof the

134

Section 3. These clauses are new. They allow the deduction from
income of the expenses mentioned.

Section 4 — Subsection 1. The amendment is made in order to
provide more flexibility in administration.

134

Subsection 2. The provision repealed is now obsolete as dividends
received by companies are exempt income.

Section 5. A proviso is added the effect of which is self-explanatory.

Section 6. This amendment is complementary to that made in
subsection 1 of section 4 of this Bill. The clause repealed empowers the
Lieutenant-Governor in Council to make regulations prescribing the
form of return required to be made under the Act.

134

words "as is required", so that the said subsection shall now
read as follows:

(1) Every company on which a tax is imposed by this com^Sanies
Act shall on or before the last day of the month annual
which ends six months following the close of the return.
fiscal year of such company, without notice or
demand, and every company on which a tax is or
is not imposed by this Act shall upon receipt of a
notice or demand in writing from the Treasurer or
from any officer of the Treasury Department of
Ontario authorized by the Treasurer to make such
demand, deliver to the Treasurer such return as is
required for the purposes of carrying out the provi-
sions of this Act.

(2) Subsection 3 of the said section 17 is repealed. l^if's^ubs's

repealed.

5. Subsection 1 of section 36 of The Corporations Tax Act, 1939, c. 10,
1939, is amended by adding at the end thereof the words amended.^' '
"provided that such lien and charge shall not apply to any

mine as defined in The Mining Tax Act until the company
owning such mine has been assessed for a tax on mining profits
under The Mining Tax Act'\ so that the said subsection shall
now read as follows:

(1) Every tax and penalty imposed by this Act shall be a Priority
first lien and charge upon the property in Ontario
of the company liable to pay such tax or penalty or
both; provided that such lien and charge shall not Proviso.
apply to any mine as defined in The Mining Tax
Act until the company owning such mine has been
assessed for a tax on mining profits under The Mining Rev. stat
Tax Act. «• 28-

6. Clause h of section 40 of The Corporations Tax Act, 1939, i939. c. 10,

^ ' ' .S. 40, cl. h,

IS repealed. repealed.

;ommence-

7. This Act shall come into force on the day upon which it cc
receives the Royal Assent and shall be effective for fiscal years "^®"* °^ ^°*-
of companies ending in the calendar year 1948 and subsequent

fiscal years.

8. This Act may be cited as The Corporations Tax Amend- short title.
ment Act, 1948.

134

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r
r

No. 134

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Corporations Tax Act, 1939.

Mr. Frost

{Reprinted as amended in Committee of the Whole House.)

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes

Sections 1 and 2. These amendments have the effect of reducing the
tax payable by all insurance companies on insurance premiums to two
per cent.

134

No. 134 1948

BILL

An Act to amend The Corporations Tax Act, 1939.

HIS MAJESTY, by and with the advice and consent of
the Legislative i\.ssembly of the Province of Ontario,
enacts as follows:

1. — (1) Subsection 1 of section 4 of The Corporations Tax 1939, c. 10.
Act, 1939, is amended by striking out the words "one and amended.' "'^'
three-quarters" in the second line and inserting in lieu thereof
the word "two", so that the said subsection, exclusive of the
clauses, shall now read as follows:

(1) Every insurance company shall pay a tax in respect Life

of life insurance premiums of two per centum cal- compares.
culated upon the gross premiums received during the
fiscal year from policy holders resident in Ontario
at the time such premiums were paid excluding, —

(2) Subsection 2 of the said section 4 is repealed and the 1939, c. 10,
following substituted therefor: re-enacted^'

(2) Every insurance company shall pay a tax in respect Fire and
of premiums other than life insurance premiums offniurince
two per centum calculated upon the gross premiums companies.
received during the fiscal year by the company or
its agent or agents in respect of business transacted
in Ontario excluding, —

(a) premiums returned;

(6) premiums paid in respect of reinsurance ceded
to insurance companies licensed to transact
business in Ontario;

{d) cash value of dividends paid or credited to
policy holders by mutual insurance companies.

134

1989.

o. 10. 8. 9a

(1940,

o. 6. s. 1).

re-enacted.

Further tax
payable by
companies.

2. Section 9a of The Corporations Tax Act, 1939, as enacted
by section 1 of The Corporations Tax Amendment Act, 1940,
the provisions of which were enacted to apply to companies in
respect of all fiscal years ending in 1947 and subsequent fiscal
years by section 8 of The Corporations Tax Amendment Act,
1947, is repealed and the following substituted therefor:

1989.

C. 10, S. 14,

subs. 4,

amended.

Exploration
for oil and
gas.

3. — (1) Subsection 4 of section 14 of The Corporations Tax
Act, 1939, as amended by section 1 of The Corporations Tax
Amendment Act, 1939 and section 3 of The Corporations Tax
Amendment Act, 1947, is further amended by adding thereto
the following clauses:

(j) An amount equal to the aggregate of the exploration
expenses, including all geological and geophysical
expenses, or such lesser amount as the Treasurer in
his absolute discretion may allow, incurred during
its fiscal year with respect to oil wells and natural gas
wells in Canada by an incorporated company incor-
porated for the purpose of exploring for oil wells and
natural gas wells in Canada;

Drilling
for oil and
gas.

{k) An amount equal to the aggregate of the drilling
expenses, or such lesser amount as the Treasurer in
his absolute discretion may allow, incurred with
respect to the spudding in or deepening of an oil well
or a natural gas well in Canada, by an incorporated
company incorporated for the purpose of drilling
for oil or natural gas, or the production, refining or
marketing of petroleum or petroleum products or of
natural gas, provided that no such deduction shall
be allowed until such well is abandoned or becomes
productive, and

(i) where the well is abandoned the amount so
expended, or such lesser amount as the
Treasurer in his absolute discretion may
allow, shall be deducted during the fiscal
year of the company during which such well
is abandoned, and

(ii) where the well becomes productive the amount
so expended, or such lesser amount as the
Treasurer in his absolute discretion may allow,
shall be deducted during the fiscal year of the

134

Section 3. These clauses are new. They allow the deduction from
income of the expenses mentioned.

134

company during which the well becomes
productive and subsequent fiscal years only as
and to the extent that the company charges
portions of such amount in its accounts as
amortization of such well;

(/) An amount equal to the aggregate of the prospecting ^^p^^*^°j^
and exploration exjienses, or such lesser amount as
the Treasurer in his absolute discretion may allow,
incurred during its fiscal 3'ear in searching for
minerals in Canada by an incorporated company the
principal business of w^hich is the mining of or
searching for minerals, and in this clause the word
"minerals" shall not include diatomaceous earth,
limestone, marl, peat or building stone, or stone for
ornamental or decorative purposes or non-auriferous
sand or gravel ;

(w) An amount equal to the aggregate of the develop- ^|^|'°p"
ment expenses, or such lesser amount as the Trea-i^ines.
surer in his absolute discretion may allow, incurred
with respect to the development in Canada of a
mine as defined in The Mining Tax Act by an incor-^®^- Stat.,
porated company, the principal business of which is
the mining of or searching for minerals, provided that
no such deduction shall be allowed until such mine
is abandoned or becomes productive, and

(i) where the mine is abandoned the amount so
expended, or such lesser amount as the
Treasurer in his absolute discretion may
allow, shall be deducted during the fiscal year
of the company during which such mine is
abandoned, and

(ii) where the mine becomes productive the
amount so expended, or such lesser amount as
the Treasurer in his absolute discretion may '
allow, shall be deducted during the fiscal year
of the company during which the mine
becomes productive and subsequent fiscal
years only as and to the extent that the
company charges portions of such amount in
its accounts as amortization of such mine.

(2) Clauses k and m of subsection 4 of section 14 of 7"/?g Effect of
Corporations Tax Act, 1939, as enacted by subsection 1, shall
be eff^ective only with respect to an oil well or natural gas well
which is spudded in or the deepening of which commences,
and to a mine the development of which commences, during
fiscal years of companies ending in the calendar year 1948 and
subsequent fiscal years.

134

19S9,

o. 10. 8. 17.

BUbe. 1.

amended.

4. — (1) Subsection 1 of section 17 of The Corporations Tax
Act, 1939, as amended by section 5 of The Corporations Tax
Amendment Act, 1947, is further amended by striking out the
word "as the Lieutenant-Governor in Council may prescribe"
in the ninth and tenth lines and inserting in lieu thereof the
words "as is required", so that the said subsection shall now
read as follows:

Companies
to file
annual
return.

(1) Every company on which a tax is imposed by this
Act shall on or before the last day of the month
which ends six months following the close of the
fiscal year of such company, without notice or
demand, and every company on which a tax is or
is not imposed by this Act shall upon receipt of a
notice or demand in writing from the Treasurer or
from any ofificer of the Treasury Department of
Ontario authorized by the Treasurer to make such
demand, deliver to the Treasurer such return as is
required for the purposes of carrying out the provi-
sions of this Act;

1939. c. 10.
8. 17, subs. 3.
repealed.

1939. c. 10.

8. 36, suha. 1
amended.

(2) Subsection 3 of the said section 17 is repealed.

5. Subsection 1 of section 36 of The Corporations Tax Act,
1939, is amended by adding at the end thereof the words
"provided that such lien and charge shall not apply to any
mine as defined in The Mining Tax Act until the company
owning such mine has been assessed for a tax on mining profits
under The Mining Tax Act", so that the said subsection shall
now read as follows:

Priority
of tux.

Proviso.

Rev. Stat.,
c. 28.

(1) Every tax and penalty imposed by this Act shall be a
first lien and charge upon the property in Ontario
of the company liable to pay such tax or penalty or
both; provided that such lien and charge shall not
apply to any mine as defined in The Mining Tax
Act until the company owning such mine has been
assessed for a tax on mining profits under The Mining
Tax Act.

1939, c. 10.
8. 40. cl. b,
repealed.

6. Clause b of section 40 of The Corporations Tax Act, 1939,
is repealed.

Commence-
ment of Act

7. Thisi Act shall come into force on the day upon which it
receives the Royal Assent and shall be effective for fiscal years
of companies ending in the calendar year 1948 and subsequent
fiscal years.

Short title.

8. This Act may be cited as The Corporations Tax Amend-
ment Act, 1948.

134

Section 4 — Subsection 1. The amendment is made in order to
provide more flexibility in administration.

Subsection 2. The provision repealed is now obsolete as dividends
received by companies are exempt income.

Section 5. A proviso is added the eflfect of which is self-explanatory.

134

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No. 134

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Corporations Tax Act, 1939.

Mr. Frost

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 134 194S

BILL

An Act to amend The Corporations Tax Act, 1939.

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

1. — (1) Subsection 1 of section 4 of The Corporations Tax 1939, g. \o.
Act, 1939, is amended by striking out the words "one and amended.' ^'
three-quarters" in the second line and inserting in lieu thereof
the word "two", so that the said subsection, exclusive of tlie
clauses, shall now read as follows:

(1) Every insurance company shall pay a tax in respect Life

(2) Subsection 2 of the said section 4 is repealed and the 1939, c. lo.
following substituted therefor: re-enacted.^'

(2) Every insurance company shall pay a tax in respect Fire and
of premiums other than life insurance premiums offnsurance
two per centum calculated upon the gross premiums °o™pa^i^ies.
received during the fiscal year by the company or
its agent or agents in respect of business transacted
in Ontario excluding, —

(a) premiums returned ;

{b) premiums paid in respect of reinsurance ceded
to insurance companies licensed to transact
business in Ontario;

{(1) cash value of dividends paid or credited to
policy holders by mutual insurance companies.

J34

1939.

r. 10, a. Oa

(1940.

c. 6. e. 1).

re-enucted.

Further tax
payable by
oompanles.

2. Seclion 9a of I'lic Corporations Tax Act, 1939, as enacted
by section 1 of The Corporations Tax Amendment Act, 1940,
the provisions of which were enacted to apply to companies in
respect of all fiscal >ears ending in 1947 and subsequent fiscal
years by section 8 of The Corporations 'Tax Amendment Act,
1947, is repealed and the following substituted therefor:

1939,

c. 10. 8. 14.

BUbs. 4.

amended.

Exploration
for oil and
gas.

Drilling
for oil and
gas.

9a. Every company upon which taxes are imix)sed by
sections 3, 5, 6, 8 and 9 shall, for every fiscal year of
such company, pay an additional tax equal to twenty-
five per centum of the taxes imposed by such sec-
tions upon such company.

3. — (1) Subsection 4 of section 14 of The Corporations Tax
Act, 1939, as amended !)>• section 1 of 77;g Corporations Tax
Amendment Act, 1939 and section 3 of The Corporations Tax
Amendment Act, 1947, is further amended by adding thereto
the following clauses:

(/) An amount equal to the aggregate of the exploration
expenses, including all geological and geophysical
expenses, or such lesser amount as the Treasurer in
his absolute discretion may allow, incurred during
its fiscal year with respect to oil wells and natural gas
wells in Canada 1)\' an incorporated compan\- incor-
porated for the purpose of exploring for oil wells and
natural gas wells in Canada;

{k) An amount equal to the aggregate of the drilling
expenses, or such lesser amount as the Treasurer in
his absolute discretion may allow, incurred with
respect to the spudding in or deepening of an oil well
or a natural gas well in Canada, 1)>' an incorporattnl
compain- incorporated for the purpose of drilling
for oil or natural gas, or the production, refining or
marketing of petroleum or petroleum products or of
natural gas, provided that no such deduction shall
be allowed until such well is abandoned or becomes
productive, and

134

(ii) where the well becomes productive the amount
so expended, or such lesser amount as the
Treasurer in his absolute discretion may allow,
shall be deducted during the fiscal year of the

company during which the well becomes
productive aiul subsequent fiscal years only as
and to the extent that the compan>- charges
portions of such amount in its accounts as
amortization of such well;

(/) An amount equal to the aggregate of the prospecting ^^^^^j'Ji'J^^,'^
and exploration expenses, or such lesser amount as
the Treasurer in his absolute discretion ma>' allow,
incurred during its fiscal year in searching for
minerals in Canada b\' an incorporated compan\- the
principal business of which is the mining of or
searching for minerals, and in this clause the word
"minerals" shall not include diatomaceous earth,
limestone, marl, peat or building stone, or stone for
ornamental or decorative purposes or non-auriferous
sand or gravel ;

(m) An amount equal to the aggregate of the develop- ^|^'^^^|?"
ment expenses, or such lesser amount as the Trea-™i"es.
surer in his absolute discretion may allows incurred
with respect to the development in Canada of a
mine as defined in The Alining Tax Act by an incor- ^Yg.^*^*"
porated compan\', the principal business of which is
the mining of or searching for minerals, provided that
no such deduction shall be allowed until such mine
is abandoned or becomes productive, and

(ii) where the mine becomes productive the
amount so expended, or such lesser amount as
the Treasurer in his absolute discretion may
allow, shall be deducted during the fiscal year
of the company during which the mine
becomes productive and subsequent fiscal
years onh" as and to the extent that the
company charges portions of such amount in
its accounts as amortization of such mine.

(2) Clauses k and ni of subsection 4 of section 14 of r//e Effect of
Corporations Tax Act, 1939, as enacted by subsection 1, shall
be effective only with respect to an oil well or natural gas well
which is spudded in or the deepening of which commences,
and to a mine the development of which commences, during
fiscal years of companies ending in the calendar year 1948 and
subsequent fiscal years.

134

1039,

o. 10, H. 17,

subtt. 1,

amended.

4. — (1) Subsection 1 of section 17 of The Corporations Tax
Act, Jif39,' as amended by section 5 of The Corporations Tax
Amendment Act, 1947, is further amended by striking out the
word "as the Lieutenant-Governor in Council may prescribe"
in the ninth and tenth lines and inserting in lieu thereof the
words "as is required", so that the said subsection shall now
read as follows:

Companies
to file
annual
return.

(1) Every company on which a tax is iinjxjsed by this
Act shall on or before the last day of the month
which ends si.x months following the close of the
fiscal year of such company, without notice or
demand, and every company on which a tax is or
is not imposed by this Act shall upon receipt of a
notice or demand in writing from the Treasurer or
from any officer of the Treasury Department of
Ontario authorized by the Treasurer to make such
demand, deliver to the Treasurer such return as is
required for the purposes of carrying out the provi-
sions of this Act.

8.^17," subs! '3. (2) Subsection 3 of the said section 17 is repealed.

repealed.

1939, o. 10. 5. Subsection 1 of section 36 of The Corporations Tax Act,
amended'.^" * 1939, is amended by adding at the end thereof the words
"provided that such lien and charge shall not apply to any
mine as defined in The Mining Tax Act until the company
owning such mine has been assessed for a tax on mining profits
under The Mining Tax Act", so that the said subsection shall
now read as follows:

Priority
of tax.

Proviso.

Rev. Stat,
c. 28.

1939, c. 10,
s. 40, cl. b.
repealed.

6. Clause b of section 40 of The Corporations Tax Act, 1939,
is repealed.

Commence-
ment of Act

7. This Act shall come into force on the day upon which it
receives the Royal Assent and shall be effective for fiscal years
of companies ending in the calendar year 1948 and subsequent
fiscal years.

Short title.

8. This Act may be cited as lite Corporations Tax Amend-
ment Act, 1948.

134

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No. 135

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Security Transfer Tax Act, 1939.

Mr. Frost

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes

Section 1. This amendment enlarges the time for filing the returns
from four to six months following the close of the fiscal year of the company.

Section 2. The clause repealed empowers the Lieutenant-Governor
in Council to make regulations prescribing the form of returns to be made
under the Act. It is repealed in order to give greater flexibility of ad-
ministration.

135

No. 135 1948

BILL

An Act to amend The Security Transfer Tax Act,

1939.

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

1. Subsection 1 of section 9 of The Security Transfer Tax i939, c. 45,

s 9 subs 1

Act, 1939, is amended by striking out the word "four" in amended."
the fourth line and inserting in lieu thereof the word "six",
so that the said subsection shall now read as follows :

(1) Every company or corporation, including every extra- Annual
provincial company or corporation which has a
branch, or an agency, or an office of any kind in
Ontario, shall on or before the last day of the month
ending six months following the close of its fiscal
year make an annual return to the Treasurer showing
every sale, transfer or assignment of any registered
security issued by such company or corporation made
or carried into effect in Ontario, together with the
amount of tax collected under this Act.

2. Clause h of section 19 of The Security Transfer Tax i939, c. 45,
Act, 1939, is repealed. repealed.

3. This Act shall come into force on the day upon which ^g^t^oTAct.
it receives the Royal Assent and shall be deemed to have had

effect on and after the 1st day of January, 1948, and shall
apply with respect to the fiscal years of companies ending in
the calendar year 1948 and subsequent fiscal years.

4. This Act may be cited as The Security Transfer Tax short title.
Amendment Act, 1948.

135

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No. 135

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Security Transfer Tax Act, 1939,

Mr. Frost

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 135 1948

BILL

An Act to amend The Security Transfer Tax Act,

1939.

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

1. Subsection 1 of section 9 of The Security Transfer 7"a:x; i939, c 45,
Act, 1939, is amended by striking out the word "four" in amended.'
the fourth line and inserting in lieu thereof the word "six",

so that the said subsection shall now read as follows :

2. Clause b of section 19 of The Security Transfer Tax 1939, c. 45,
Act, 1939, is repealed. repealed.

3. This Act shall come into force on the day upon which ^e^t^^f/^Act^
it receives the Royal Assent and shall be deemed to have had

effect on and after the 1st day of January, 1948, and shall
apply with respect to the fiscal years of companies ending in
the calendar year 1948 and subsequent fiscal years.

4. This Act may be cited as The Security Transfer Tax short title.
Amendment Act, 1948.

135

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No. 136

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act for Raising Money on the Credit of the Consolidated Revenue

Fund.

Mr. Frost

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 136 1948

BILL

An Act for Raising Money on the Credit of the
Consolidated Revenue Fund.

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

1. The Lieutenant-Governor in Council is hereby authorized $foo ooo ooo
to raise from time to time by way of loan such sum or sums authorized.
of money as may be deemed expedient for any or all of the
following purposes, that is to say: For the public service, for
works carried on by commissioners on behalf of Ontario, for
discharging any indebtedness or obligation of Ontario or for
re-imbursing the Consolidated Revenue Fund for any moneys
expended in discharging any such indebtedness or obligation,
and for the carrying on of the public works authorized by the
Legislature; Provided that the principal amount of any
securities issued and the amount of any temporary loans raised
under the authority of this Act, including any securities issued
for the retirement of the said securities or temporary loans,
at any time outstanding, shall not exceed in the whole One
Hundred Million Dollars ($100,000,000).

2. The aforesaid sum of money may be borrowed for any Terms to be
term or terms not exceeding forty years, at such rate as may Lflutenant-
be fixed by the Lieutenant-Governor in Council and shall [^^couiufii.
be raised upon the credit of the Consolidated Revenue Fund

of Ontario, and shall be chargeable thereupon.

3. The Lieutenant-Governor in Council may provide for a sinking
special sinking fund with respect to the issue herein authorized,

and such sinking fund may be at a greater rate than the
one-half of one per centum per annum specified in subsection 3 ^e^^- st^t.,
of section 3 of The Provincial Loans Act.

4. This Act shall come into force on the day upon which ^eni;"<ff"Act.
it receives the Royal Assent.

5. This Act may be cited as The Ontario Loan Act, 1948. short title.
136

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No. 136

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act for Raising Money on the Credit of the Consolidated Revenue

Fund.

Mr. Frost

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 136 1948

BILL

An Act for Raising Money on the Credit of the
Consolidated Revenue Fund.

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

1. The Lieutenant-Governor in Council is hereby authorized $ioo,ooo,ooo
to raise from time to time by way of loan such sum or sums authorized.
of money as may be deemed expedient for any or all of the
following purposes, that is to say: For the public service, for

works carried on by commissioners on behalf of Ontario, for
discharging any indebtedness or obligation of Ontario or for
re-imbursing the Consolidated Revenue Fund for any moneys
expended in discharging any such indebtedness or obligation,
and for the carrying on of the public works authorized by the
Legislature; Provided that the principal amount of any
securities issued and the amount of any temporary loans raised
under the authority of this Act, including any securities issued
for the retirement of the said securities or temporary loans,
at any time outstanding, shall not exceed in the whole One
Hundred IVIilHon Dollars ($100,000,000).

2. The aforesaid sum of money may be borrowed for any Terms to be
term or terms not exceeding forty years, at such rate as may Lieutenant-
be fixed by the Lieutenant-Governor in Council and shall S'^councU.
be raised upon the credit of the Consolidated Revenue Fund

of Ontario, and shall be chargeable thereupon.

3. The Lieutenant-Governor in Council may provide for a sinking
special sinking fund with respect to the issue herein authorized,

and such sinking fund may be at a greater rate than the
one-half of one per centum per annum specified in subsection 3 ^^2.^**'"
of section 3 of The Provincial Loans Act.

4. This Act shall come into force on the day upon which meSt^o^f^Act.
it receives the Ro^^al Assent.

5. This Act may be cited as The Ontario Loan Act, 1948. short title.
136

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No. 137

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Game and Fisheries Act, 1946.

Mr. Scott

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes

Section 1 — Subsection 1. The definitions contained in the proposed
clauses are new.

Subsection 2. This amendment will enable red squirrel fur to be
controlled should such be required and will permit other species of squirrels
to be dealt with as game.

137

No. 137 1948

BILL

An Act to amend The Game and Fisheries Act, 1946.

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

1. — (1) Section 1 of The Game and Fisheries Act, 1946, isi^^e. c. 33.
amended by adding thereto the following clauses: amended.

(ee) "domestic animals and birds" shall include non- "domestic
native species kept in captivity but shall not include In^^^^'^^jg...
native species kept in captivity or non-native species
present in the wild state;

iff) "ferret" shall mean any of the domesticated forms of .-ferret*
the old world polecat {putorius putorius) used for
hunting;

(w) "snare" shall mean any device for the taking ofognare";
animals whereby they are caught in a noose, and
"snaring" shall have a corresponding meaning;

(ww) "trap" shall mean any spring trap, gin, deadfall, .-trap'
box or net used to capture game, and "trapping"
shall have a corresponding meaning.

(2) Clause h of the said section 1 is amended by striking 1946, c. 33,
out the word "squirrel" in the third line and inserting in lieu |"jjjgnded'
thereof the words "red squirrel", so that the said clause shall
now read as follows:

(h) "fur-bearing animal" shall mean a beaver, fisher, fox, "fur-
lynx, marten, mink, musk-rat, otter, raccoon, rabbit, antmar*.
skunk, red squirrel, weasel and wolverine or any

137

1946, o. 33,
s. 1, cl. «',
amended.

Other animal which the Lieutenant-Governor in
Council may declare to be a fur-bearing animal.

(3) Clause i of the said section 1 is amended by adding at
the end thereof the words "and the Migratory Birds Conven-
tion Act (Canada) and shall include any portion of any such
animal or bird", so that the said clause shall now read as
follows:

"game".

R.S.C.,
0. 130.

(i) "game" shall mean all fur-bearing animals and all
animals and birds protected by this Act and the
Migratory Birds Convention Act (Canada) and shall
include any portion of any such animal or bird.

1946, C 33.

8. 7, subs. 1,
amended.

2. Subsection 1 of section 7 of The Game and Fisheries Act,
1946, is amended by adding at the end of clause h the words
"or any baggage or express office or any licensed premises
where pelts are bought or sold", so that the said subsection
shall now read as follows:

Search of

vehicles,

premises.

(1) An officer shall have the authority of a constable for
the purpose of this Act, and may without a search
warrant, —

(a) stop and search any vehicle, motor vehicle,
aeroplane or any other flying machine, boat
or launch or any railway car, including a
caboose, baggage or express car; and

{b) enter and search any hunting, mining, lumber
or construction camp or any baggage or ex-
press office or any licensed premises where
pelts are bought or sold,

where he has reasonable grounds to believe that any
of them contains any game or fish taken in violation
of this Act.

1946, c. 33. 3 Section 9 of The Game and Fisheries Act, 1946, is amended
amended. by inserting after the word "wound" where it occurs in the

second and third lines respectively the word "trap", so that

the said section shall now read as follows:

Non-
residents.

9. Except under a licence no non-resident shall hunt,
take, molest, wound, trap, kill or destroy or attempt
to hunt, take, molest, wound, trap, kill or destroy
any animal or bird.

1946. 0. 33. 4 Section 16 of The Game and Fisheries Act, 1946, is amend-
amended. ed by adding thereto the following subsection:

137

Subsection 3.1 Self-explanatory,

Section 2. Baggage office, express office and licensed premises where
pelts are bought or sold are added. They may be entered and searched by
an officer without a search warrant.

Section 3.
unchanged.

The word "trap" is added. Otherwise the section is

Section 4 — Subsection 5 is new. It is designed to clarify the status
of scientists collecting animals or birds under special licences.

137

Section 5. The words added are necessary in order to allow a net
dealer to sell a fish-net to another net dealer.

Section 6. These changes are complementary to the new metal seal
provisions contained in this Bill. Provision is also made for the making
of regulations as to the transfer of licences.

Section 7. The new subclause prescribes the fee for a licence to
carry or use fire-arms or air-guns when hunting unprotected birds or
animals. See 1947, c. 40, s. 6 (1).

Section 8 — Subsection 1. The words are deleted because it is not
intended to continue the royalty on bear skins.

Subsection 2. As to bear skins, see note to subsection 1. As amended,
subsection 2 provides that proof may be furnished in any form satisfactory
to the Department.

137

(5) Notwithstanding anything in this Act any person Stufing for
licensed under this Act or the Migratory Birds Con- ^purpoJil.
vention Act (Canada) to kill or capture protected p^gc.,
animals or birds may use traps or fire-arms for thaf^- i^o.'
purpose at any time or place where the licence is
valid.

5. Subsection 2 of section 17 of The Game and Fisheries iQ^e, c. 33.
Act, 1946, is amended by adding at the end thereof the words amended.^' ^'
"or a licence under subsection 1", so that the said subsection

shall now read as follows:

(2) No person shall sell a gill, hoop, pound or seine net Restricted
to an}' other person not a holder of a commercial
fishing licence or a licence under subsection 1.

6. Subsection 1 of section 21 of The Game and Fisheries ^Q'^^. <i- ^S'
Act, 1946, is repealed and the following substituted therefor : re-enacted".

(1) Except upon such terms and conditions as the Lieu- Transfer of
tenant-Governor in Council may prescribe, no licence coupon' or
shall be transferred and no person shall buy, sell,^^^''
exchange or in any way become a party to the trans-
fer of any licence, shipping coupon or seal, or in any
way use or attempt to use a licence, shipping coupon
or seal issued to any other person.

7. Clause a of section 23 of The Game and Fisheries -4c^, i946. c. 33,
1946, is amended by adding thereto the following subclause .•amerid'ed."'

(vi) for a person to carry or use fire-arms or air-guns unprotected

for hunting purposes pursuant to subsection la animals.
of section 10 85

and an issuing fee of 15

8. — (1) Subsection 1 of section 25 of The Game and Fisheries i946, c. 33.

4 ^n^^ • 111 M • 1 I <i 1 s. 25, subs. 1,

Act, 1946, IS amended by stnkmg out the words or any bear amended,
or its skin" in the third line, so that the said subsection shall
now read as follows:

(1) No person shall take or ship or attempt to take or Royalties
ship to any point outside of Ontario any fur-bearing
animal or its pelt or send or have sent any of them
to a tanner or taxidermist to be tanned or plucked
or treated in any way without a licence and without
paying a royalt\'.

(2) Subsection 2 of the said section 25 is amended byi946, c.33,
striking out the words "or bear skins" in the first line and the amended. '
words "by affidavit or statutory declaration" in the fourth
line, so that the said subsection shall now read as follows:

137

Exoeptiona. (2) The royalties shall apply to any pelts that are dam-

aged or destroyed by any means, but they shall not
apply, where the holder furnishes the Department
with satisfactory proof of their origin, —

(a) to silver, black, cross and blue fox and mink,
bred on fur-farms operating within Ontario
under a licence; or

(b) to pelts imported from any place outside of
Ontario.

1946. c. 33. 9.— (1) Subsection 1 of section 27 of The Game and Fish-

B. 27, subs. 1, '' ' . , , , • • r 1 J HI •nil

amended. eries Act, 1946, is amended by msertmg after the word kill
in the first line the words "or attempt to hunt, take or kill",
so that the said subsection shall now read as follows:

Beaver. ^^^ ^^ person shall at any time hunt, take or kill, or

attempt to hunt, take or kill, any beaver, or possess
the carcass, pelt or any part of any beaver, except
during such period and on such terms and conditions
as the Lieutenant-Governor in Council may prescribe,
but the Minister may at any time by order in writ-
ing authorize the taking or killing of beaver by an
an overseer or other officer named in the order in
any designated locality in which, in the opinion of
the Minister, beaver are causing damage to a high-
way or to propert>- of His Majesty or private pro-
perty, and the beaver taken or killed shall be ac-
counted for and delivered to the Department.

s.^ll.'s^ubs^'a. (2) Clause a of subsection 2 of the said section 27 is amended
amended. ^^ Striking out the words "or black" in the first line and in-
serting in lieu thereof the words "black or fox", so that the
said clause shall now read as follows:

Squirrel. (a) any gray, black or fox squirrel except during such

periods and on such terms and conditions as the
Lieutenant-Governor in Council may prescribe.

8.^27.' s^ub8^.'3. (^) Clause d of subsection 3 of the said section 27 is amended

am''nd d ^^ inserting after the word "deer" in the first line the words

"or moose", so that the said clause shall now read as follows:

d^'r'^J?'"^ (d) hunt, take, kill or molest any deer or moose while it

is swimming in any waters.

moose.

1946. c. 33. 10. Subsection 1 of section 31 of The Game and Fisheries

8. 31. subs. 1. J, -, . . ,, '

amended. Act, 1946, IS amended by striking out the words or otter m
the third line and inserting in lieu thereof the words "otter
or musk-rat", so that the said subsection shall now read as
follows:

137

Section 9 — Subsection 1. Self-explanatory.

Subsection 2. This will provide needed protection for fox squirrels.

Subsection 3. This amendment will protect moose while swimming
in the same way as deer are now protected.

Section 10, The use of dogs in the taking of musk-rat is prohibited.

137

Section 11. Clause a is an extension of the principle of the present
section. It is strengthened in the interest of proper law enforcement.
Clause b expresses the present law on the subject. It is unchanged in
principle.

Section 12. This provision is new. It is designed to prevent detri-
mental species or diseased stock from being released in Ontario.

Section 13. The present section provides for the setting aside of
waters for the propagation of fish.

As re-enacted, waters may also be set aside for the conservation of
fish.

Section 14. See note to section 13. This is complementary.

Section 15. The prohibitions of the present clause are extended to
owners and operators of camps. The prohibition as to a trap, snare or
poison is also new.

137

(1) No owner of a dog shall use it or allow it to be usedP^*^ "o*.

• r 1 1 • 1 • . .... /•*o "® used

in any manner for the hunting, taking or killing of for hunting

• 1 1 , . I , snia.ll Q3iiXiB*

any mink, beaver, otter or musk-rat.

11. Section 43 of The Game and Fisheries Act, 1946, isi946, c. 33,
repealed and the following substituted therefor: ?e-enacted.

43. In any locality which game usually inhabits or in Prohibitions
which game is usually found, no person shall, — as o gu

(a) have any air-gun, gun, rifie or fire-arm in his
possession in a place from which game may
be shot, unless it is unloaded and encased or
it is dismantled, between one-half hour after
sunset and one-half hour before sunrise of
any day, except as may be provided by the
regulations; or

(6) discharge any air-gun, gun, rifle or other fire-
arm between one-half hour after sunset on
Saturday and one-half hour before sunrise on
Monday next following.

12. Section 45 of The Game and Fisheries Act, 1946, isi946. c. 33.
amended by adding thereto the following subsection: amended.

(2) No person shall release into natural cover any animal Release of
or bird imported into Ontario or propagated fromg^^ck^*®
stock imported into Ontario without the written
authority of the Minister.

13. Section 48 of The Game and Fisheries Act, 1946, is re-i946. c. 33,
pealed and the following substituted therefor: re-enacted.

48. The Lieutenant-Governor in Council may set apart waters set
any waters for the conservation or propagation of^^^''*"
fish.

14. Subsection 1 of section 49 of The Game and Fisheries 1946. c. 33.
Act, 1946, is amended by inserting after the article "the" in|,^|nded.^' ^'
the second line the words "conservation or", so that the said
subsection shall now read as follows:

(1) No person shall angle for or take fish by any means Fishing in
from waters set apart for the conservation or pro- ^-a^tel-s*^
pagation of fish, under section 48, but the Depart- p'"°^''^^*®'^-
ment may take fish for the stocking and rearing of
fish for public waters or may permit fish to be taken
for scientific purposes.

15.

137

1946, c. 33,

Clause c of subsection 1 of section 57 of The Game andci. d

re-enacted.

Fisheries Act, 1946, is repealed and the following substituted
therefor:

Certain
perHons not
to carry
flre-arms.

(c) being an owner or operater of or an employee in
any timber or mining camp or an employee engaged
in the construction or maintenance of any railway
or public work, possess in the vicinity of any of
them any gun or other fire-arm, trap, snare or poison
except under a licence, but this clause shall not
apply to a resident employed by a railway company
who does not carry or possess a fire-arm on a railway
velocipede or hand-car; or

1946. c. 33, ±Q — (1) Subsection 1 of section 61 of The Game and

8. 61, subs. 1, . ^ '^

re-enacted. Fisheries Act, 1946, is repealed and the following substituted
therefor:

Coupons or
seals on
hunting
licences.

(1) There shall be provided with every hunting licence
one or more shipping coupons or metal seals plainly
marked with the description of the game for which
the licence is issued and there shall be printed or
stamped on the coupon or seal the date of the ex-
piry of the licence which shall not be later than four
days after the last day of the open season for which
the licence is issued.

8.^6i,'8^ub3^'2. (^) Subsection 2 of the said section 61 is amended by in-
amended, 'serting after the word "them" in the first line the words
"taken under a licence for which a shipping coupon is pro-
vided", so that the said subsection shall now read as follows:

Detachment
and cancel-
lation of
coupon upon
shipment of
deer or
moose.

1946. c. 33.
8. 61.
amended.

(2) Where any deer or moose, or any part of them, taken
under a licence for which a shipping coupon is pro-
vided is presented for shipment to a common carrier,
a coupon shall be detached from the licence and
signed by the holder of the licence in the presence of
the shipping agent or clerk in charge of the office
at the point of shipment and attached to each
animal or part thereof or to the receptacle contain-
ing it, and then the shipping agent or clerk shall
write "cancelled" across the face of the coupon, but
where the animal or any part of it is transported by
other than a common carrier the coupon shall be
attached to the animal or part of it and similarly
cancelled by the holder of the licence before trans-
porting it.

(3) The said section 61 is further amended by adding
thereto the following subsections:

137

Section 16 — Subsection 1.
deer and moose is authorized.

The use of metal seals to be attached to

Subsection 2. The procedure provided in subsection 2 is now only
applicable where a shipping coupon is used. It is not applicable where
metal tags are used. The subsection is amended to make this clear.

Subsection 3. The subsections are new. They are self-explanatory.

137

Subsection 4. Subsection 3 is re-enacted so that it will conform with
the amendments respecting metal seals for moose and deer.

Section 17. The clause is re-enacted so that it will conform with the
amendments respecting metal seals for moose and deer.

Section 18. The words added extend the principle of the section to
prosecutions for unlawful trapping.

Section 19. This section is extended to cover traps, etc., and snares.

137

(2a) Where a moose is killed under a licence for which a^^hen seal

. . to be

metal seal is provided, the seal shall be attached to attached
the moose immediately after it is killed. moose.

(26) Where a deer is killed under a licence for which a when seal
metal seal is provided, the seal shall be attached attached
to the deer before it is transported or shipped. *° ^®®''-

(4) Subsection 3 of the said section 61 is repealed and thei946, c. 33,
following substituted therefor: re-enacted". '

(3) No person shall violate any of the provisions of sub-Ofences
section 1,2, 2a, or 2o, or use an expired coupon or shipping,
seal, or transport or ship, or assist in transporting
or shipping any moose or deer without a coupon or
seal attached thereto.

17. Clause a of subsection 1 of section 63 of The Game a«<f i9||' c. 33.
Fisheries Act, 1946, is repealed and the following substituted ci. a.'

,, f re-enacted.

therefor:

(a) any deer or moose, or the head or any other part Transport
thereof, unless there is attached thereto or to the moose!^ "'^
receptacle containing the same a shipping coupon or
seal provided under this Act or the regulations.

18. Clause c of section 69 of The Game and Fisheries Act,iQ'i6, c. 33,
1946, is amended by inserting after the word "hunting" a'mend^edf'
where it occurs in the first and third lines respectively the

words "or trapping" and by adding at the end thereof the
words "or trapping, as the case may be", so that the said
clause shall now read as follows:

(c) hunting or trapping, the possession in or near any Fire-arms,
place which game inhabits or where game is likely
to be found, of a gun, decoy or other implement for
hunting or trapping, shall be prima facie evidence
that the person in possession of any of them was
hunting or trapping, as the case may be.

19. Subsection 1 of section 71 of The Game and Fisheries 1946, c. 33.
Act, 1946, is amended by inserting after the word "ammuni- amended.^" ■^'
tion" in the second line the words "traps, trapping accessories,
snares", so that the said subsection shall now read as follows:

(1) All motor vehicles, or vehicles of any description, Seizure
, V 4- .u • and con-

aeroplanes, guns, ammunition, traps, trapping ac-flscation

cessories, snares, boats, rafts, skiffs, canoes, punts and ^oTher
and vessels of every description, decoys, nets, rods, P'"°P®'"*y-
lines, tackle, and all fishing gear, materials, imple-
ments or appliances of every kind used for hunting

137

and fishing, and all game and fish, together with
packages, crates or containers of every description
used in violation of this Act and found in the pos-
session of any person suspected of having committed
an offence against this Act shall be seized, and upon
conviction, be forfeited to and become the property
of the Crown in right of Ontario and sold by the
Department, but where the seizure is made from a
person unknown, perishable game or fish shall be
forfeited to and become the property of the Crown
in right of Ontario and sold forthwith by the De-
partment, and any other property seized shall be
forfeited to, and become the property of the Crown
in right of Ontario and sold by the Department
after the expiration of thirty days.

1^72'. ci.^bb 20. — (1) Clause bb of section 72 of The Game and Fisheries
B^W)', °' ^°' ■^^^> l^'^^y as enacted by section 15 of The Game and Fisheries
re-enacted. Amendment Act, 1947, is repealed and the following substituted
therefor:

(bb) prescribing the manner in which game shall be
sealed or marked.

1946, c. 33,

8. 72, cl. dd.
(1947, c. 40,
8. 15),
amended.

(2) Clause dd of the said section 72, as enacted by section
15 of The Game and Fisheries Amendment Act, 1947, is amended
by striking out the word "April" in the fourth line and in-
serting in lieu thereof the word "March", so that the said
clause shall now^ read as follows:

{dd) authorizing the council of any county designated
by the Minister to declare open seasons for the
hunting of foxes at any time from the 1st day of
March to the 31st day of October in any year.

8.^72! ci.^i?' (^) Clause i of the said section 72 is repealed and the fol-
re-enacted. lowing substituted therefor:

{i) varying the open season for any game in any part
of Ontario and varying the part of Ontario in which
any such open season shall apply.

ment"oTAct ^^' ^^^^ -^^t shall come into force on the day upon which
it receives the Royal Assent.

Short title. 22. This Act may be cited as The Game and Fisheries
Amendment Act, 1948.

137

Section 20 — Subsection 1. Clause bb is enlarged to cover all game.
At the present time it applies to beaver only.

Subsection 2. The open season for foxes is extended one month.

Subsection 3. Under the present Act the power to vary is restricted
to one season. This limitation is removed and the power clarified.

137

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No. 137

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Game and Fisheries Act, 1946.

Mr. Scott

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 137 1948

BILL

An Act to amend The Game and Fisheries Act, 1946.

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

1. — (1) Section 1 of The Game and Fisheries Act, 1946, is 1946, c. 33.
amended by adding thereto the following clauses: amended.

{ee) "domestic animals and birds" shall include non- -domestic
native species kept in captivity but shall not include I^^JfiMnis"-
native species kept in captivity or non-native species
present in the wild state;

iff) "ferret" shall mean any of the domesticated forms of "ferret'
the old world polecat (putorius putorius) used for
hunting;

{vv) "snare" shall mean an}^ device for the taking of "snare";
animals whereby they are caught in a noose, and
"snaring" shall have a corresponding meaning;

{ww) "trap" shall mean any spring trap, gin, deadfall, -trap'
box or net used to capture game, and "trapping"
shall have a corresponding meaning.

(2) Clause h of the said section 1 is amended by striking 1946. c. 33.
out the word "squirrel" in the third line and inserting in lieu IVn^^ifded.'
thereof the words "red squirrel", so that the said clause shall
now read as follows:

Qi) "fur-bearing animal" shall mean a beaver, fisher, fox, "fur-
lynx, marten, mink, musk-rat, otter, raccoon, rabbit, anfmar-.
skunk, red squirrel, weasel and wolverine or any

137

other animal which the Lieutenant-Governor
Council may declare to be a fur-bearing animal.

1946. c. 33,

8. 1, Cl. 1,

amended.

"game".

R.S.C..
o. 130.

(i) "game" shall mean all fur-bearing animals and all
animals and birds protected by this Act and the
Migratory Birds Convention Act (Canada) and shall
include any portion of any such animal or bird.

1946, C. 33,

8. 7, subs. 1,
amended.

2. Subsection 1 of section 7 of The Game and Fisheries Act,
1946, is amended by adding at the end of clause b the words
"or any baggage or express office or any licensed premises
where pelts are bought or sold", so that the said subsection
shall now read as follows:

Search of

vehicles,

premises.

(1) An officer shall have the authority of a constable for
the purpose of this Act, and may without a search
warrant, —

(a) stop and search any vehicle, motor vehicle,
aeroplane or any other flying machine, boat
or launch or any railway car, including a
caboose, baggage or express car; and

(6) enter and search any hunting, mining, lumber
or construction camp or any baggage or ex-
press office or any licensed premises where
pelts are bought or sold,

where he has reasonable grounds to believe that any
of them contains any game or fish taken in violation
of this Act.

1946

8. 9,

amended

3^' 3. Section 9 of The Game and Fisheries Act, 1946, is amended
by inserting after the word "wound" where it occurs in the
second and third lines respectively the word "trap", so that
the said section shall now read as follows:

Non-
residents.

Except under a licence no non-resident shall hunt,
take, molest, wound, trap, kill or destroy or attempt
to hunt, take, molest, wound, trap, kill or destroy
any animal or bird.

1946. c. 33, 4 Section 16 of The Game and Fisheries Act, 1946, is amend-

8. 16, . . .

amended. ed by adding thereto the following subsection:
137

(5) Notwithstanding anything in this Act any person captufing for
licensed under this Act or the Migratory Birds Cow- purposes.
vention Act (Canada) to kill or capture protected^ § c.
animals or birds may use traps or fire-arms for that ^- ^^O-
purpose at any time or place where the licence is
valid.

5. Subsection 2 of section 17 of The Game and Fisheries iQ^e, c. 33,
Act, 1946, is amended by adding at the end thereof the words amended.^" ^'
"or a licence under subsection 1", so that the said subsection

shall now read as follows:

(2) No person shall sell a gill, hoop, pound or seine net Restricted
to any other person not a holder of a commercial
fishing licence or a licence under subsection 1 .

6. Subsection 1 of section 21 of The Game and Fisheries i946, c. 33.
Act, 1946, is repealed and the following substituted therefor: re-enacted'. '

(1) Except upon such terms and conditions as the Lieu- Transfer of
tenant-Governor in Council may prescribe, no licence coupon or
shall be transferred and no person shall buy, sell,^®^^-
exchange or in any way become a party to the trans-
fer of any licence, shipping coupon or seal, or in an^^
. way use or attempt to use a licence, shipping coupon
or seal issued to any other person.

7. Clause a of section 23 of The Game and Fisheries ^c/, 1946, c. 33.
1946, is amended by adding thereto the following subclause :ame^nded.'''

(vi) for a person to carry or use fire-arms or air-guns unprotected

for hunting purposes pursuant to subsection animals.

la of section 10 85

and an issuing fee of 15

8. — (1) Subsection 1 of section 25 of The Game and Fisheries '^^^^Q, c. 33.

.^\^. .11 -1 • 1 ^ ti 1 s. 25, subs. 1.

Act, 1946, IS amended by strikmg out the words or any bear amended.

or its skin" in the third line, so that the said subsection shall

now read as follows:

(2) Subsection 2 of the said section 25 is amended byi946, c. 33.
striking out the words "or bear skins" in the first line and the amended. *
words "by affidavit or statutory declaration" in the fourth
line, so that the said subsection shall now read as follows:

137

Exceptions. (2) The royalties shall apply to any pelts that are dam-

aged or destroyed by any means, but they shall not
apply, where the holder furnishes the Department
with satisfactory proof of their origin, —

(a) to silver, black, cross and blue fox and mink,
bred on fur-farms operating within Ontario
under a licence; or

(b) to pelts imported from any place outside of
Ontario.

1846. c. 33.^ 0.— (1) Subsection 1 of section 27 of The Game and Fish-
ameiided. ' eries Act, 1946, is amended by inserting after the word "kill"
in the first line the words "or attempt to hunt, take or kill",
so that the said subsection shall now read as follows:

(1) No person shall at any time hunt, take or kill, or
attempt to hunt, take or kill, any beaver, or possess
the carcass, pelt or any part of any beaver, except
during such period and on such terms and conditions
as the Lieutenant-Governor in Council may prescribe,
but the Minister may at any time by order in writ-
ing authorize the taking or killing of beaver by an
an overseer or other officer named in the order in
any designated locality in which, in the opinion of
the Minister, beaver are causing damage to a high-
way or to property of His Majesty or private pro-
• perty, and the beaver taken or killed shall be ac-

counted for and delivered to the Department.

B.^27.' 6ub8^'2, (2) Clause a of subsection 2 of the said section 27 is amended
amended. ^^ Striking out the words "or black" in the first line and in-
serting in lieu thereof the words "black or fox", so that the
said clause shall now read as follows:

Squirrel. (a) any gray, black or fox squirrel except during such

periods and on such terms and conditions as the
Lieutenant-Goverfior in Council may prescribe.

8.^27.' s^iibs^'s (^) Clause d of subsection 3 of the said section 27 is amended

amended '^^ inserting after the word "deer" in the first line the words

"or moose", so that the said clause shall now read as follows:

Swimming
deer or
moose.

(d) hunt, take, kill or molest any deer or moose while it
is swimming in any waters.

1946. c. 33, 10, Subsection 1 of section 31 of The Game and Fisheries

8. 31, subs. 1, ji ft .

amended. Act, 1946, IS amended by striking out the words "or otter" in
the third line and inserting in lieu thereof the words "otter
or musk-rat", so that the said subsection shall now read as
follows:

137

(1) No owner of a dog shall use it or allow it to be used P°P "o*

^ ' . r 1 1 • • to be used

in any manner for the hunting, taking or killing of for hunting

• I « ^ , * _ srna.Il q^xtio,

any mink, beaver, otter or musk-rat.

11. Section 43 of The Game and Fisheries Act, 1946, isi946, c. 33,
repealed and the following substituted therefor: ?e-enacted.

43. In any locality which game usually inhabits or in Prohibitions
which game is usually found, no person shall, —

(a) have any air-gun, gun, rifle or fire-arm in his
possession in a place from which game may
be shot, unless it is unloaded and encased or
it is dismantled, between one-half hour after
sunset and one-half hour before sunrise of
any day, except as may be provided by the
regulations; or

(6) discharge any air-gun, gun, rifle or other fire-
arm between one-half hour after sunset on
Saturday and one-half hour before sunrise on
Monday next following.

12. Section 45 of The Game and Fisheries Act, 1946, isi946. c. 33.
amended by adding thereto the following subsection: amended.

(2) No person shall release into natural cover any animal Release of
or bird imported into Ontario or propagated from stock. ^
stock imported into Ontario without the written
authority of the Minister.

13. Section 48 of The Game and Fisheries Act, 1946, is re-i946. c. 33.
pealed and the following substituted therefor: re-enacted.

48. The Lieutenant-Governor in Council may set apart waters set
any waters for the conservation or propagation of^^^""*"
fish.

14. Subsection 1 of section 49 of The Game and Fisheries iQ4e, c. 33,
Act, 1946, is amended by inserting after the article "the" inl-^lAded.^" ^'
the second line the words "conservation or", so that the said
subsection shall now read as follows:

(1) No person shall angle for or take fish by any means Fishing in
from waters set apart for the conservation or pro- ^-atel-s ^
pagation of fish, under section 48, but the Depart- p^'o^'^*'**®**-
ment may take fish for the stocking and rearing of
fish for public waters or may permit fish to be taken
for scientific purposes.

1946. c. 33,

15. Clause c of subsection 1 of section 57 of The Game andc'i. c'

re-enacted.

137

Fisheries Act, 1946, is repealed and the following substituted
therefor:

Certain
persons not
to carry
flre-arms.

(c) being an owner or operater of or an employee in
any timber or mining camp or an employee engaged
in the construction or maintenance of any railway
or public work, possess in the vicinity of any of
them any gun oi other fire-arm, trap, snare or poison
except under a licence, but this clause shall not
apply to a resident employed by a railway company
who does not carry or possess a fire-arm on a railway
velocipede or hand-car; or

16. — (1) Subsection 1 of section 61 of The Game and

1946, O. 33.

re-enacted'. ' Fisheries Act, 1946, is repealed and the following substituted
therefor:

Coupons or
seals on
hunting
licences.

8.^61 '8ubs^'2 (^) Subsection 2 of the said section 61 is amended by in-
amended, serting after the word "them" in the first line the words
"taken under a licence for which a shipping coupon is pro-
vided", so that the said subsection shall now read as follows:

Detachment
and cancel-
lation of
coupon upon
shipment of
deer or
moose.

1946,
8. 61,
amended

33.

(3) The said section 61 is further amended by adding
thereto the following subsections:

137

(2a) Where a moose is killed under a licence for which a t^^jfe" ^®^^
metal seal is provided, the seal shall be attached to^ttached
the moose immediately' after it is killed.

(26) Where a deer is killed under a licence for which a when seal
metal seal is provided, the seal shall be attached attached
to the deer before it is transported or shipped. *° ^^^'^'

(4) Subsection 3 of the said section 61 is repealed and the^^^^, c. 33.
following substituted therefor: re-enacted'.

(3) No person shall violate any of the provisions of sub-^^^^^^^^
section 1, 2, 2a, or 2b, or use an expired coupon ors^ipping.
seal, or transport or ship, or assist in transporting
or shipping any moose or deer without a coupon or
seal attached thereto.

17. Clause a of subsection 1 of section 63 of The Game andl^i^' ^:?^\

s. bd, subs. 1,

Fisheries Act, 1946, is repealed and the followmg substituted "i- «.
therefor:

(a) any deer or moose, or the head or any other part Transport
thereof, unless there is attached thereto or to themoose^^'^
receptacle containing the same a shipping coupon or
seal provided under this Act or the regulations.

18. Clause c of section 69 of The Game and Fisheries Act,^^i^' c- 33.

Ill • • r 1 • tl S- 69, cl. c,

1946, IS amended by msertmg alter the word huntmg amended.
where it occurs in the first and third lines respectively the
words "or trapping" and by adding at the end thereof the
words "or trapping, as the case may- be", so that the said
clause shall now read as follows:

(c) hunting or trapping, the possession in or near any Fire-arms.
place which game inhabits or where game is likely
to be found, of a gun, decoy or other implement for
hunting or trapping, shall be prima facie evidence
that the person in possession of any of them was
hunting or trapping, as the case may be.

19. Subsection 1 of section 71 of The Game and Fisheries 1946, c. 33,
Act, 1946, is amended by inserting after the word "ammuni- amended.^' '
tion" in the second line the words "traps, trapping accessories,
snares", so that the said subsection shall now read as follows:

(1) All motor vehicles, or vehicles of anv description, seizure
^ ' . . ■ ' . and con-

aeroplanes, guns, ammunition, traps, trapping ac-fiscation

cessories, snares, boats, rafts, skiffs, canoes, punts anf^ther
and vessels of every description, decoys, nets, rods,^'"^^®'"*^*
lines, tackle, and all fishing gear, materials, imple-
ments or appliances of every kind used for hunting

137

1946. c. 33,
8. 72, cl. bb

20. — (1) Clause bb of section 72 of The Game and Fisheries
si^ilh ^' ^^' ■^^^' ^^46, as enacted by section 15 of The Game and Fisheries
re-enacted. Amendment Act, 1947, is repealed and the following substituted
therefor:

(bb) prescribing the manner in which game shall be
sealed or marked.

1946. C. 33.
8. 72. cl. dd,
(1947. C. 40.
s. 15).
amended.

(2) Clause dd of the said section 72, as enacted by section
15 of The Game and Fisheries Amendment Act, 1947 , is amended
by striking out the word "April" in the fourth line and in-
serting in lieu thereof the word "March", so that the said
clause shall now read as follows:

{dd) authorizing the council of any county designated
by the Minister to declare open seasons for the
hunting of foxes at any time from the 1st day of
March to the 31st day of October in any year.

8.^72,' ci.^.\' i^) Clause i of the said section 72 is repealed and the fol-
re-en'aoted. lowing substituted therefor:

{i) varying the open season for any game in an\' part
of Ontario and varying the part of Ontario in which
any such open season shall apply.

ment"oTAct ^^' ^^^^ ^^^ shall come into force on the day upon which
it receives the Royal Assent.

Short title. 22. This Act may be cited as The Game and Fisheries
Amendment Act, 1948.

137

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No. 138

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

The Forest Fires Prevention Act, 1948.

Mr, Scott

TORONTO

Printed and Published by Baptist Johnston
Printer^to the King's Most Excellent Majesty

Explanatory Notes

This Bill is a consolidation of the former Act and amendments with
very little change in principle. The Bill is divided into headings for
clarity, and the provisions respecting the creation of fire districts, travel
permit areas and closed areas are clarified. Provision is continued for
the issue of fire permits (section 7), travel permits (section 9) and work
permits (section 12), and the requirements therefor, and the privileges
given by such permits are better defined.

The final day of the close season for setting out fire in a fire district
is extended to October 31st, but power remains to extend or restrict the
close season by regulations (section 6).

By a change in the section respecting closed areas (section 11), it is
provided that in a prosecution for an offence alleged to have been com-
mitted between the date of filing of the Minister's order closing an area
and the date of publication under The Regulations Act, 1944, the burden
of proof that he did not have actual notice of the order is placed on the
accused.

By a change in subsection 4 of section 12 of the Bill from the pro-
visions of subsection 4 of section 23 of the present Act, the subsection is
made applicable to all persons carrying on operations of the class referred
to in subsection 1. The present subsection applies only to persons holding
a work permit. In addition the subsection is amended so that the ques-
tion as to proof that the fire did not result from the operations is no longer
one to be determined by the Minister.

The provisions of section 14, which formerly applied only to cities,
towns and townships, and sections 17 and 18, which formerly applied
only to townships, are enlarged to apply to every municipality as defined
in section 1. i

138

No. 138 1948

BILL

The Forest Fires Prevention Act, 1948.

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

INTERPRETATION .

1. In this Act,- l^i^oT-

(a) "closed area" means an area closed by the Minister "closed
by order under subsection 1 of section 11;

(&) "Department" means Department of Lands andm'en?"^*
Forests ;

^ ' '^ , district i

- a fire district under section 2;

(d) "Minister" means Minister of Lands and Forests; "Minister";

(e) "officer" means a person employed or appointed by "officer";

or with the approval of the Minister to assist in
enforcing the provisions of this Act;

(/) "owner" includes locatee, purchaser from the Crown, "owner";
assignee, lessee, occupant, purchaser, timber licensee,
holder of mining claim or location, and any person
having the right to cut timber and wood upon any
land;

(g) "municipality" means a city, town, village, township "munici-
or improvement district; pa i y ,

(h) "regulations" mean regulations made under this Act; "reguia-
and

(i) "travel permit area" means a forest area within a "travel per-
fire district declared to be a travel permit area under

section 9. R.S.O. 1937, c. 325, s. 1 ; 1946, c. 32, s. 1,
amended.

138

ADMINISTRATION.

)f Act

lication

Creation
of Are
districts.

2. — (1) This Act applies only to fire districts. New.

(2) The Lieutenant-Governor in Council may declare any
part of Ontario a fire district. R.S.O. 1937, c. 325, s. 2 (1);
1946, c. 32, s. 2 (1).

fcMon^or (^) Nothing in this Act shall aflfect or be held to limit or

damages not interfere with the right of any person to bring and maintain

a civil action for damages occasioned by fire. R.S.O. 1937,

c. 325, s. 30.

Appoint-
ment of
officers.

3. The Minister may employ, for the purpose of enforcing
the provisions of this Act, such officers as he may deem neces-
sary, who shall be subject to his instructions. R.S.O. 1937,
c. 325, s. 5, amended.

Honorary

fire

wardens.

4. The Minister may appoint honorary fire wardens who
shall, —

(a) be appointed without salary or other remuneration;

Arrange-
ment with
owner for
additional
protection.

{b) have authority to enforce such of the provisions of
this Act as the Minister may deem necessary; and

5. — (1) Where the owner of any land in a fire district
desires to provide protection from fire upon such land in
addition to that authorized by the foregoing provisions of
this Act, the Minister may arrange with such owner for the
appointment of special officers upon such land for the en-
forcement of this Act and the regulations.

menti"*' (2) Every such appointment shall be made or approved by

the Minister.

iTpeciaf"*^ °^ ^^) Every person appointed under subsection 1 shall be
officers. paid by the owner of the land such salary or other remunera-

tion as the Minister may direct or approve. R.S.O. 1937,
c. 325, s. 7; 1946, c. 32, s. 5, amended.

CLOSE SEASON.

Close
season.

6. Subject to the regulations, the period from the 1st day
of April to the 31st day of October in each year shall be
known as the close season in respect to the setting out of
fire in a fire district. R.S.O. 1937, c. 325, s. 8 (1), amended.

138

FIRE PERMITS.

7. — (1) Upon application an officer may issue a pennitjissue of fire
called a "fire permit", to set out fire during the close season. ''^'^"^' "

(2) A fire permit shall be an authority to the permittee to Authority
set out fire only in accordance with, — by^permtt.

(a) the terms and conditions under which the permit is
issued; and

(b) the regulations. New.

(3) No person shall set out fire during the close season for Prohibition
any purpose, other than cooking or obtaining warmth, except tfcept'^ under
under a fire permit. R.S.O. 1937, c. 325, s. 8 (2), am ended. '^^''^'^■

8. — (1) A fire permit mav be limited as to duration and Limitations

1 • 111'- i-i< 1 rn»i in permit.

area, but m any event shall expire on the 31st day of March
ne.xt following the date of its issue, and may contain such
other terms and conditions as the issuing officer ma>' deem
necessary.

(2) A fire permit mav be cancelled or suspended at anv Cancellation

, 1^ ,.',., . . . 'or suspension

time by an officer, and immediately upon receiving notice of of permit,
such cancellation or suspension the permittee shall extinguish
any fire set out under the permit. New.

TRAVEL PERMITS.

9. — (1) When the Lieutenant-Governor in Council deems Creation
it necessary to regulate travel in a forest area within a fire permit^
district for the protection of that area, he may declare such^'^®^^"
forest area a travel permit area. R.S.O. 1937, c. 325, s. 25
(1), amended.

(2) Upon application an officer may issue without charge issue of
a permit, called a "travel permit". R.S.O. 1937, c. 325, s. 25 permit.
(2), amended.

(3) A travel permit shall be an authority to the permittee ^uthont^y
to enter and travel about, and to set out fire only for the by permit,
purpose of cooking or obtaining warmth, in the travel permit

area in accordance with, —

(a) the terms and conditions under which the permit is
issued; and

{h) the regulations. New.

(4) No person shall enter and travel about, or set out fire Prohibition.
138

Limitations
in permit.

in a travel permit area during the close season except under a
travel permit. R.S.O. 1937, c. 325, s. 25 (3), amended.

10. — (1) A travel permit may be limited as to duration
and area but in any event shall expire on the 31st day of
March next following the date of its issue, and may contain
such other terms and conditions as the issuing officer may
deem necessarv.

Cancellation
or suspension
of permit.

(2) A travel permit may be cancelled or suspended at any
time by an officer, and immediately upon receiving notice of
such cancellation or suspension, the permittee shall extinguish
any fire set by him and shall leave the travel permit area.
New.

CLOSED AREAS.

^®ci'osed*'°'^ 11.— (1) When the Minister deems it necessary or expedi-
area. ent, owing to extreme fire hazard conditions, to close any

area and shut out therefrom all persons except such as are
specially authorized by the Minister, he may make an order
in writing describing the area to be closed and the period
during which such closure shall be in force, and prescribing
any other terms and conditions he deems necessary. R.S.O.
1937, c. 325, s. 27 (1), amended.

order^ °^ ^"^^ ^^^ Minister shall provide for such notice as he deems

necessary under the circumstances, and shall publish a notice
of the order setting out the area closed and the period of
closure in such newspapers as in his opinion will give the
greatest publicity. R.S.O. 1937, c. 325, s. 27 (2), amended.

Prohibition.

(3) No person, unless specially authorized by the Minister,
shall enter a closed area during the peiiod of closure. New.

proof\'^ ^^ ('^) ^^ ^'^y prosecution under subsection 3 in respect of an

offence alleged to have been committed prior to publication

1944, c. 52. of the order under The Regulations Act, 1944, the burden of
proving he did not have actual notice of the order at the
time the offence is alleged to have been committed shall be
upon the accused. New.

WORK PERMITS.

Work permit 12. — (1) Except where land is being cleared for agricul-
woodrand'^ tural purposes by a locatee, purchaser or patentee, every per-
operataons. son, firm or corporation shall, in addition to any other re-
quirement, obtain from an officer a work permit before, —

(a) carrying on any logging, mining or industrial opera-
tion or before clearing a right-of-way for any road,

138

trail, telephone, telegraph, power or pipe line, tote-
road, ditch or flume or before constructing any dam,
bridge, or camp or before carrying on any other
woods operation of any kind liable to cause the
accumulation of any slash or debris on any land
within a fire district;

(b) operating in a fire district any mill for the purpose
of manufacturing timber. R.S.O. 1937, c. 325, s. 23
(1); 1946, c. 32, s. 18 (1), amended.

(2) The application for such permit shall be in the pre- Description
scribed form, and in addition to any other information j-e-^'^ ^®'^"^^*"
quired in such form shall state the location of the proposed
operation or mill, the character thereof, the number of men

to be employed, the location of camps and the probable dura-
tion of the operation. R.S.O. 1937, c. 325, s. 23 (2), amended.

(3) An officer may in the interest of forest protection, — Powers of

officer.

(a) refuse the granting of permission for any operation
or limit the period during which the operation may
be carried on;

(b) require that any permittee carrying on any operation

under this section maintain such fire-fighting equip-
ment in good repair and at specified locations as the
officer may deem necessary for the control of fires
which might be caused either directly or indirectly
by the operation;

section. R.S.O. 1937, c. 325, s. 23 (3); 1946, c. 32,
s. 18 (1), amended.

(4) Where fire originates in any particular area in which cost of
any person either by himself or his employees or someone on fng^Are.^^
his behalf, is carrying on any of the operations referred to in
clause a or 6 of subsection 1 , or in any area used in connection

with such operations, the onus shall be upon that person to
prove that the fire did not result from such operations, and
in the absence of such proof that person shall bear the full
cost of controlling and extinguishing the fire. 1946, c. 32,
s. 18 (2), amended.

(5) A work permit may be limited as to duration and area Expiration
but in any event shall expire on the 31st day of March next° ^^^^^ •
following the date of its issue, and may contain such other

terms and conditions as the issuing officer may deem neces-
sary. R.S.O. 1937, c. 325, s. 23 (5); 1946, c. 32, s. 18 (3),
amended.

138

Per diem
penalty.

(6) Where an officer finds any operation mentioned in sub-
section 1 being conducted without a permit he may, in addi-
tion to any penalty imposed, give notice that such operation
must cease until the necessary permit has been secured, and
any person, firm or corporation carrying on an operation after
such notice has been given shall be subject to a fine of $25
for each and every day such operation is continued without
a permit. R.S.O. 1937, c. 325, s. 23 (7); 1946, c. 32, s. 18 (1),
amended.

Right to

refuse

permit.

(7) An officer may refuse to issue a permit under this
section to any person, firm or corporation convicted of an
offence under this section until such time as the said person,
firm or corporation has furnished the Department with a
bond in such amount and subject to such conditions as may
be satisfactory to the officer. R.S.O. 1937, c. 325, s. 23 (8);
1946, c. 32, s. 18 (4), amended.

Power of
officer as
to clearing
of land.

PREVENTION MEASURES.

13. — (1) Wherever an officer finds upon the land of any
person in a fire district conditions existing which, in his
opinion, may cause danger to life or property from fire, he
may order the owner or person in control of the land to do
what in the opinion of the officer is necessary to remove such
danger, and in default may enter upon such land with such
assistants as he may deem necessary for the purpose of re-
moving the conditions.

(2) The cost of any work done by him or his assistants
under subsection 1 shall be borne and paid by the owner or
person in control of such lands and shall be recoverable by
the Minister by action in any court of competent jurisdiction.

(3) Any person who neglects or refuses to carry out any
order or direction given under the authority of subsection 1
shall be guilty of an offence against this Act. 1946, c. 32,
s. 8, amended.

meaning of. 14t. — (1) In this section "owner" means locatee, purchaser
from the Crown, assignee, purchaser or occupant.

006t of

work.

Penalty.

Action by
municipality
in district.

(2) Where it appears to the council of a municipality in a
provisional judicial district that the condition of any land in
the municipality or adjacent thereto is by reason of unfinished
clearing a source of danger from fire to property in the muni-
cipality, the council may cause a statement of the facts to
be made to the Minister.

oompiaint.*° ^^^ '^^^ Minister shall make inquiry as to the conditions
described by the council and shall report the result of his

138

inquiry to the council with his recommendation as to what
action, if any, should be taken thereon.

(4) Where the Minister finds that cause for complaint exists Notice to
owing to the unfinished clearing of land the council may give clean up
notice to the owner of the land directing him, within a time ^"

to be named in the notice, to properly clear the land or such
part thereof or to such extent as the Minister may direct and
designate in his report and to remove, as far as possible, all
source of danger by fire.

(5) If within the time so fixed the necessary work has not Default of
been done, the corporation of the municipality may cause the °^°®''-
work to be done and the expenses of the corporation in doing

such work shall be a charge upon the land and shall be payable
by the owner forthwith.

(6) If the land is patented and lies in an organized muriici- Recovery of

,. , , , • • 1 • 1 • 1 expenses

pality the treasurer or the municipal corporation doing the where land
work shall notify the clerk of the municipality in which the in organized
land lies of the amount so due and if after thirty days after *®'^"*°'^'
the date of the receipt of such notice the amount remains
unpaid the corporation of the municipality in which the land
lies shall pay the amount to the treasurer of the municipality
doing the work and the corporation making such payment
may thereupon register or lodge in the proper registry or
land titles office, a declaration under the hand of the reeve
or other head of the municipality and the treasurer thereof
and having the corporate seal affixed thereto, declaring that
the municipal corporation claims a lien upon the land for the
amount so paid and interest thereon at the rate of six per
centum per annum from the date of the declaration.

(7) If the land is patented and lies in territory without where land
municipal organization the municipal corporation doing thein un-^° ^
work may register or lodge in the proper registry or land territory.
titles office, a declaration to the same effect as the declaration
mentioned in subsection 6 under the hand of the reeve or

other head of the municipality and the treasurer thereof and
having the corporate seal affixed thereto, stating that the
corporation claims a lien upon the land for the amount of
such expenses with interest at the rate of six per centum per
annum from the date of the declaration.

(8) Upon the registration or filing of the declaration men- Effect of
tioned in subsections 6 and 7, the municipal corporation mak-
ing the declaration shall have a lien upon the land for the
amount claimed and such lien shall have priority according

to the general law of Ontario and if the claim remains unpaid
for a period of three months after registration and filing the
same may be enforced by the sale of the land in the manner

138

provided for in the regulations.
1946, c. 32, s. 11, amended.

R.S.O. 1937, c. 325, s. 14;

Lgr

with munl-
oipalities.

Destruction
of refuse
o n clearing
land for
highway.

15. The Minister may enter into such agreement with any
municipality as he may deem advisable for the prevention
and control of forest fires, and any expenses incurred by the
Department in carrying out any such agreement shall be paid
out of such moneys as may be appropriated therefor by the
Legislature. 1946, c. 32, s. 12.

16. — (1) Every person clearing a right-of-way for any road,
trail, telephone, telegraph, power or pipe line, railway tote-
road, ditch or flume shall, as rapidly as the clearing or cutting
progresses and the weather conditions permit, or at such
other time as an officer may direct, pile and burn on such
right-of-way all refuse, timber, brush or other inflammable
material cut or accumulated thereon, all such right-of-way
burning to be subject to the requirements of this Act in
respect to fire permits. R.S.O. 1937, c. 325, s. 22 (1); 1946,
c. 32, s. 17 (1), amended.

mft^Sr'near® (2) Any person who within three hundred feet of the right-
right-of-way. of-way of any railway causes any accumulation of inflam-
mable debris shall at the request of any officer immediately
pile and, subject to the requirements of this Act concerning
fire permits, burn the debris. R.S.O. 1937, c. 325, s. 22 (2);
1946, c. 32, s. 17 (2), amended.

Timber out
to fall on
owner's
land.

Clearing in
neighbour-
hood of
mills, etc.

(3) No person shall fell or permit to be felled trees or
brush in such manner that such trees or brush shall fall and
remain on land not owned by the person felling or permitting
the felling of such trees or brush. R.S.O. 1937, c. 325, s.
17 (3).

(4) Every person having charge of a camp, mine, sawmill,
portable or stationary engine using fuel other than oil and
located within one-half mile of any forest or woodland shall
have the area surrounding said camp, mine, sawmill or engine
cleared of inflammable material for a distance of at least
three hundred feet and such further distance as may in the
opinion of an officer be required. R.S.O. 1937, c. 325, s. 22
(4); 1946, c. 32, s. 17 (3), amended.

tion^^lJf-' (^) ^^ person shall within one-half mile of any village,
fla^mmabie town or city accumulate inflammable debris or permit any
such accumulation to remain on any property owned by him
or under his control. R.S.O. 1937, c. 325, s. 22 (5).

Duty of

municipal

corporation.

EXTINGUISHMENT OF FIRES.

17. The corporation of any municipality within a fire dis-
138

trict shall do all necessary things to extinguish grass, brush
or forest fires in the municipality, and the costs and expenses
thereof shall be borne by the municipal corporation, provided
that if the action taken by the municipal corporation in
fighting any such fires is in the opinion of an officer not ade-
quate, the officer may do what in his opinion is necessary to
control and extinguish such fires, and any costs and expenses
incurred by the Department in controlling or extinguishing
such fires shall be a debt due by the municipal corporation to
the Department and upon presentation of an account of such
costs and expenses certified by the Minister, the treasurer of
the municipality shall pay the same. R.S.O. 1937, c. 325,
s. 15, amended.

18. — (1) Upon satisfactory proof being furnished by thecontribu-
municipality that any fire has started on Crown land within p'fH;ment.^"
the municipality, half of the total cost of extinguishing such
fire shall be borne by the Department. R.S.O. 1937, c. 325,
s. 16 (1), amended.

(2) Where any such fire is confined entirely to Crown lands Fires on
other than the lands of an owner as defined by subsection 1
of section 14, the total cost of extinguishing such fire shall be
borne by the Department. 1946, c. 32, s. 13.

19. — (1) For the purpose of controlHng and extinguishing Right to
any fire, an officer may employ or summon the assistance oflssi&tance.
any male person between the ages of eighteen and sixty years,
excepting only trainmen, boat crews, local telephone opera-
tors, telegraphers and despatchers on duty, doctors and per-
sons physically unfit. R.S.O. 1937, c. 325, s. 17 (4); 1946,
c. 32, s. 14, amended.

(2) Every person who refuses or neglects to render assis- Penalty for
tance when required under this section shall be guilty of aassislt.^^ °
offence against this Act. R.S.O. 1937, c. 325, s. 17 (5),
amended.

20. — (1) Every owner, within the meaning of subsection 1 ^ent of'^*^'
of section 14, of land upon which there is a fire other than, — A^es.

(a) a fire set out for cooking or obtaining warmth and
kept under control; or

(6) a fire set out under the authority of this Act and
kept under control,

shall use all reasonable efforts to extinguish it and in any
prosecution or action the onus shall be upon him to prove
that he used all such reasonable efforts,

138

Expenses
Incurred in
extinguish-
ing fires.

(2) In addition to the other f>enalties provided by this Act,
every owner who violates the provisions of subsection 1 shall
be liable for all expenses incurred by the Department in
attempting to extinguish such fire upon the land of which
he is the owner or upon any land to which it spreads, and
the amount thereof shall be recoverable with costs as a debt
due by action in any court of competent jurisdiction at the
suit of the Minister. 1946, c. 32, s. 16,

OFFENCES.

OfTenoes.

21. — (1) During the close season in any year no person,
company or corporation in a fire district shall, —

Using

engines

without

prescribed

safeguards.

Destroying
waste, etc.,
without
sparlc
arresters.

Dropping
flre or
live coal.

Injunction.

Duty of
engineer.

(a) use or operate within a quarter of a mile of any
forest, slashing or bushland any engine which is not
provided with a practical and efficient device for
arresting sparks, together with an adequate device
for preventing the escape of fire or live coals from
all ash pans and fire boxes, and which does not
comply in every respect with the regulations;

(b) destroy any wood or waste material by fire within

any burner or destructor operated at or near any
mill or manufactory, or operate any power-producing
plant using in connection therewith any smoke-
stack, chimney or other spark-emitting outlet, with-
out installing and maintaining on such burner or
destructor or on such smoke-stack, chimne\' or
spark-emitting outlet a safe and suitable device for
arresting sparks complying in all respects with the
regulations. R.S.O. 1937, c. 325, s. 12 (1); 1946,
c. 32, s. 9 (1), amended.

(2) No railway company operating within the fire district
shall permit fire, live coals or ashes to be deposited on its
tracks or right-of-way unless they are extinguished immedi-
ately thereafter, except in pits provided for the purpose.
R.S.O. 1937, c. 325, s. 12 (2).

(3) Notwithstanding the penal provisions of this Act, any
court of competent jurisdiction may upon the application of
the Minister grant an injunction against the use of any loco-
motive, engine, burner or destructor until it has been equipped
with safety appliances to the satisfaction of the Minister.
R.S.O. 1937, c. 325, s. 12 (3); 1946, c. 32, s. 9 (2), amended.

22. Every engineer in charge of any engine which is not
subject to the jurisdiction of the Board of Transport Commis-
sioners for Canada shall see that all safety appliances required
by this Act or by the regulations are properly used and ap-

138

plied, and in default he shall be guiltv of an offence against
this Act. R.S.O. 1937, c. 325, s. 13 ; 1946, c. 32, s. 10,
amended.

23. No person shall,— Particular

offences.

(a) throw or drop any burning match, ashes from a pipe,
lighted cigarette, cigar or other burning substance
in a fire district without extinguishing it;

{b) discharge a firearm in a fire district without ensuring
that the wadding from the firearm is extinguished;

{d) without lawful authority, destroy, damage or remove
any equipment placed in the forest for the purpose of
protecting the forests from fire. R.S.O. 1937, c. 325,
ss. 18, 20, amended.

24. Every officer shall have the right while in the per- Right of
formance of his duties to enter into and upon any lands ande^erVn
premises other than a private dwelling, store, storehouse, p^®™*^®"-
office or farm building, and every person who hinders, ob-
structs and impedes any such officer in the performance of

his duty shall be guilty of an offence against this Act. R.S.O,
1937, c. 325, s. 19; 1946, c. 32, s. 15, amended.

25. Every person using or travelling in the forest shall, information
upon request, give an officer or other authorized officer of the to ofBcer^by
Crown, information as to his name, address, routes to be °""^*^' ®*<^-
followed, location of camps and any other information per-
taining to the protection of the forest from fire, and any

person who refuses to give such information shall be guilty
of an offence against this Act. R.S.O. 1937, c. 325, s. 26;
1946, c. 32, s. 21, amended.

PENALTIES.

26. — (1) Every person who disobeys or refuses or neglects Penalties,
to carry out any of the provisions of this Act or any regula-
tion or order made thereunder shall be guilty of an offence
and shall be liable to a fine of not less than $25 and not more
than S300, and in default of payment may be imprisoned for
a period not exceeding ninety days, or to imprisonment for
a period not exceeding ninety days, or to both fine and im-
prisonment, and such person shall be liable to the Depart-
ment for any expenses incurred by it in endeavouring to con-
trol or extinguish any fire caused by or resulting from such

138

disobedience, refusal or neglect. R.S.O. 1937, c. 325, s. 29;
1946, c. 32, s. 22, part, amended.

Expenses. — (2) The amount of any expenses for which any person is
recovery o . jj^^j^ ^^ ^j^^ Department under subsection 1 shall be recover-
able with costs as a debt due by action in any court of
competent jurisdiction at the suit of the Minister, provided
that where the amount claimed does not exceed $300 and
B,Qv^Bia.i., proceedings are taken under The Summary Convictions Act in
respect of the disobedience, refusal or neglect, the magistrate,
upon making a conviction, may order payment of such
amount to the Minister and every such order may be en-
forced in the same manner as a division court judgment,
1946, c. 32, s. 22, part.

pe^naitfe^ °^ 27. The penalties imposed by or under the authority of
Rev. Stat., this Act shall be recoverable under The Summary Convictions
*'• 136. ■' Act. R.S.O. 1937, c. 325, s. 31, amended.

REGULATIONS.

Regulations. 28. The Lieutenant-Governor in Council may make regu-
lations,—

(a) extending or restricting the close season for any fire
district or any part of a fire district in any year to
such date as may be deemed necessary;

ih) prescribing forms for use under the Act and the
regulations;

{d) prescribing the precautions to be taken in the use
of fire under a permit, and the appliances, impli-
ments and apparatus to be kept at hand by the
holders of permits;

{e) prescribing the circumstances and conditions under
which fire may be set out or used without a permit,
and under which fire may be used out of doors for
cooking or obtaining warmth;

(/) providing for the making of fire guards and the tak-
ing of other precautionary measures when the
Minister deems danger from fire to any town or
settlement specially imminent;

{g) regulating or preventing the piling or accumulation
138

of brushwood, debris and other Inflammable mat-
terial;

(h) prescribing the use of fire protective appliances on
engines, and the precautions to be taken for pre-
venting forest fires being caused by the use and
operation of engines;

(i) prescribing the manner in which land may be sold
under subsection 8 of section 14;

(J) providing for the collection of the cost of any work
done by an officer or by a municipal corporation
under the authority of this Act in cases not provided
for under this Act;

(k) generally for the better carrying out of forest fire
prevention and the provisions of this Act. R.S.O.
1937, c. 325, s. 10; 1946^ c. 32, s. 7, amended.

GENERAL.

29. The Forest Fires Prevention Act, The Forest Fires Fre-^^^- stat.,
vention Amendment Act, 1946, and section 9 of The Statute c'. 32, '1947.'
Law Amendment Act, 1947 , are repealed. repealed". '

30. This Act may be cited as The Forest Fires Prevention sbort title.
Act, 1948.

138

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No. 138

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

The Forest^Fires Prevention Act, 1948.

Mr. Scott

{Reprinted as amended in Committee o} the Whole House.)

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes

The final day of the close season for setting out fire in a fire district
is extended to October 31st, but power remains to extend or restrict the
close season by regulations (section 6).

138

No. 138 1948

BILL

The Forest Fires Prevention Act, 1948.

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

INTERPRETATION.

1 Tn this Art — Interpre-

X. in una n.cu, tation. —

(a) "closed area" means an area closed by the Minister "closed
by order under subsection 1 of section 11;

(b) "Department" means Department of Lands and"Depart-

Forests ;

a fire district under section 2; district";

(d) "Minister" means Minister of Lands and Forests; "Minister"

(e) "officer" means a person employed or appointed by "officer";

or with the approval of the Minister to assist in
enforcing the provisions of this Act;

(J) "owner" includes locatee, purchaser from the Crown, "owner";
assignee, lessee, occupant, purchaser, timber licensee,
holder of mining claim or location, and any person
having the right to cut timber and wood upon any
land;

(g) "municipality" means a city, town, village, township "munici-
or improvement district; paiity";

(h) "regulations" mean regulations made under this Act; "reguia-

j tions";

and

(i) "travel permit area" means a forest area within a "travel per-
fire district declared to be a travel permit area under

section 9. R.S.O. 1937, c. 325, s. 1 ; 1946, c. 32, s. 1,
amended.

138

ct.

ADMINISTRATION.

(1) This Act applies only to fire districts. New.

^reatton (2) The Lieutenant-Governor in Council may declare any

districts. part of Ontario a fire district. R.S.O. 1937, c. 325, s. 2 (1);
1946, c. 32, s. 2 (1).

fcuon for ^^^ Nothing in this Act shall affect or be held to limit or

damages not interfere with the right of any. person to bring and maintain

a civil action for damages occasioned by fire. R.S.O. 1937,

c. 325, s. 30.

Appoint-
ment of
officers.

Honorary

Are

wardens.

4. The Minister may appoint honorary fire wardens who
shall,—

Arrange-
ment with
owner for
additional
protection.

(a) be appointed without salary or other remuneration;

(b) have authority to enforce such of the provisions of

this Act as the Minister may deem necessary; and

R.S.O. 1937, c. 325, s. 6; 1946, c. 32, s. 4, amended.

inents"* ^^^ Every such appointment shall be made or approved by

the Minister.

sp^e^^if*^ °^ (^) Every person appointed under subsection 1 shall be
officers. paid by the owner of the land such salary or other remunera-

tion as the Minister may direct or approve. R.S.O. 1937,
c. 325, s. 7; 1946, c. 32, s. 5, amended.

CLOSE SEASON.

Close
season.

138

FIRE PERMITS.

7. — (1) Upon application an officer may issue a permit, issue of fire
called a "fire permit", to set out fire during the close season. ''^'^'^'

(2) A fire permit shall be an authority to the permittee to Authority
set out fire only in accordance with, — by^permft.

(a) the terms and conditions under which the permit is
issued; and

(b) the regulations. New.

(3) No person shall set out fire during the close season for prohibition
any purpose, other than cooking or obtaining warmth, except efcept^u^nder
under a fire permit. R.S.O. 1937, c. 325, s. 8 (2), am ended, p^'"'''^-

8. — :(1) A fire permit may be limited as to duration and Limitations
area, but in any event shall expire on the 31st day of March
next following the date of its issue, and may contain such
other terms and conditions as the issuing officer may deem
necessary.

(2) A fire permit may be cancelled or suspended at anv Cancellation

, i^ 1 •' !• 1 • • • '. or suspension

time by an officer, and immediately upon receiving notice of of permit.
such cancellation or suspension the permittee shall extinguish
any fire set out under the permit. New.

TRAVEL PERMITS.

(2) Upon application an officer may issue without charge issue of
a permit, called a "travel permit". R.S.O. 1937, c. 325, s. 25pe1-mit.
(2), amended.

(3) A travel permit shall be an authority to the permittee Ajithont^y
to enter and travel about, and to set out fire only for the by permit,
purpose of cooking or obtaining warmth, in the travel permit

area in accordance with, —

(a) the terms and conditions under which the permit is

issued; and

(b) the regulations. New.

(4) No person shall enter and travel about, or set out fire Prohibition.
138

Limitations
in permit.

in a travel permit area during the close season except under a
travel permit. R.S.O. 1937, c. 325, s. 25 (3), amended.

or%'u°8*pe1wi°on (2) A travel permit may be cancelled or suspended at any

of permit. time by an officer, and immediately upon receiving notice of

such cancellation or suspension, the permittee shall extinguish

any fire set by him and shall leave the travel permit area.

New.

CLOSED AREAS.

of*ci'o8ed*'°" ^^- — ^^^ When the Minister deems it necessary or expedi-
area. ent, owing to extreme fire hazard conditions, to close any

Notice of (2) The Minister shall provide for such notice as he deems

Prohibition. (3) JsJq person, unless specially authorized by the Minister,
shall enter a closed area during the peiiod of closure. New.

Burden of
proof.

1944, c. 52.

(4) In any prosecution under subsection 3 in respect of an
offence alleged to have been committed prior to publication
of the order under The Regulations Act, 1944, the burden of
proving he did not have actual notice of the order at the
time the offence is alleged to have been committed shall be
upon the accused. New.

WORK PERMITS.

Work permit 12. — (1) Except where land is being cleared for agricul-
woods^nd'^ tural purposes by a locatee, purchaser or patentee, every per-
operat^ions. son, firm or corporation shall, in addition to any other re-
quirement, obtain from an officer a work permit before, —

(a) carrying on any logging, mining or industrial opera-
tion or before clearing a right-of-way for any road,

138

(b) operating in a fire district any mill for the purpose
of manufacturing timber. R.S.O. 1937, c. 325, s. 23
(1); 1946, c. 32, s. 18 (1), amended.

(2) The application for such permit shall be in the pre- Description
scribed form, and in addition to any other information j-g.^^^ p®!""^'*-
quired in such form shall state the location of the proposed
operation or mill, the character thereof, the number of men

to be employed, the location of camps and the probable dura-
tion of the operation. R.S.O. 1937, c. 325, s. 23 (2), amended.

(3) An officer may in the interest of forest protection, — officer? °^

(a) refuse the granting of permission for any operation
or limit the period during which the operation may
be carried on;

(b) require that any permittee carrying on any operation

under this section maintain such fire-fight-ng equip-
ment in good repair and at specified locations as the
officer may deem necessary for the control of fires
which might be caused either directly or indirectly
by the operation;

section. R.S.O. 1937, c. 325, s. 23 (3); 1946, c. 32,
s. 18 (1), amended.

(4) Where fire originates in any particular area in which cost of
any person either by himself or his employees or someone on fng'Sfe.^^
his behalf, is carrying on any of the operations referred to in
clause o or & of subsection 1, in the absence of reasonable
evidence that the fire may have occurred from causes other

than such operations the onus shall be upon that person to
prove that the fir« did not result from such operations, and
in the absence of such proof that person shall bear the full
cost of controlling and extinguishing the fire. 1946, c. 32,
s. 18 (2), amended.

(5) A work permit may be limited as to duration and area Expiration
but in any event shall expire on the 31st day of March next° ^^^^
following the date of its issue, and may contain such other

terms and conditions as the issuing officer may deem neces-
sary. R.S.O. 1937, c. 325, s. 23 (5); 1946, c. 32, s. 18 (3),
amended.

138

Per dl«m
panalty.

Right to

re^se

permit.

PREVENTION MEASURES.

Power of
ofBcer as
to clearing
of land.

Cost of
work.

Penalty. ^3^ ^j^y person who neglects or refuses to carry out any

order or direction given under the authority of subsection 1
shall be guilty of an offence against this Act. 1946, c. 32,
s. 8, amended.

meaning of. 14. — (1) In this section "owner" means locatee, purchaser
from the Crown, assignee, purchaser or occupant.

Action by
municipality
in district.

(2) Where it appears to the council of a municipality in a
provisional judicial district that the condition of any land in
the municipality or adjacent thereto is by reason of unfinished
clearing a source of danger from fire to property in the muni-
cipality, the council ma}'^ cause a statement of the facts to
be made to the Minister.

oompiaint.*° ^^^ ^^^ Minister shall make inquir>' as to the conditions
described by the council and shall report the result of his

138

inquiry to the council with his recommendation as to what
action, if any, should be taken thereon.

(4) Where the Minister finds that cause for complaint exists Notice to
owing to the unfinished clearing of land the council may giveciean'^up
notice to the owner of the land directing him, within a time^^"*^*

(5) If within the time so fixed the necessary work has not Default of
been done, the corporation of the municipality may cause the^^"®'^'
work to be done and the expenses of the corporation in doing

such work shall be a charge upon the land and shall be payable
by the owner forthwith.

(6) If the land is patented and lies in an organized munici-^^ecovery of
pality the treasurer of the municipal corporation doing the where land
work shall notify the clerk of the municipality in which the in organised
land lies of the amount so due and if after thirty days after *®'^"*°'^^*
the date of the receipt of such notice the amount remains

unpaid the corporation of the municipality in which the land
lies shall pay the amount to the treasurer of the municipality
doing the work and the corporation making such payment
may thereupon register or lodge in the proper registry or
land titles office, a declaration under the hand of the reeve
or other head of the municipality and the treasurer thereof
and having the corporate seal afiixed thereto, declaring that
the municipal corporation claims a lien upon the land for the
amount so paid and interest thereon at the rate of six per
centum per annum from the date of the declaration.

(7) If the land is patented and lies in territory without where land
municipal organization the municipal corporation doing thein un-^"^ ^
work may register or lodge in the proper registry or land territory^
titles office, a declaration to the same effect as the declaration
mentioned in subsection 6 under the hand of the reeve or

to the general law of Ontario and if the claim remains unpaid
for a period of three months after registration and filing the
same may be enforced by the sale of the land in the manner

138

provided for in the regulations.
1946, c. 32, s. 11, amended.

R.S.O. 1937, c. 325, s. 14;

with munl-
oipalities.

Destruction
of refuse
o n clearing
land for
highway.

16. The Minister may enter into such agreement with any
municipality as he may deem advisable for the prevention
and control of forest fires, and any expenses incurred by the
Department in carrying out any such agreement shall be paid
out of such moneys as may be appropriated therefor by the
Legislature. 1946, c. 32, s. 12.

miufr"i^^r^ (2) Any person who within three hundred feet of the right-
right-of-way. Qf.^^^y Qf j^j^y railway causes any accumulation of inflam-
mable debris shall at the request of any officer immediately
pile and, subject to the requirements of this Act concerning
fire permits, burn the debris. R.S.O. 1937, c. 325, s. 22 (2);
1946, c. 32, s. 17 (2), amended.

Timber cut
to fall on
owner's
land.

Clearing in
neighbour-
hood of
mills, etc.

tion"of"rf-' (^) ^° person shall within one-half mile of any village,
flammable town or city accumulate inflammable debris or permit any
such accumulation to remain on any property owned by him
or under his control. R.S.O. 1937, c. 325, s. 22 (5).

Duty of

municipal

corporation.

EXTINGUISHMENT OF FIRES.

17. The corporation of any municipality within a fire dis-
138

, trict shall do all necessary things to extinguish grass, brush
or forest fires in the municipality, and the costs and expenses
thereof shall be borne by the municipal corporation, provided
that if the action taken by the municipal corporation in
fighting any such fires is in the opinion of an officer not ade-
quate, the officer may do what in his opinion is necessary to
control and extinguish such fires, and any costs and expenses
incurred by the Department in controlling or extinguishing
such fires shall be a debt due by the municipal corporation to
the Department and upon presentation of an account of such
costs and expenses certified by the Minister, the treasurer of
the municipality shall pay the same. R.S.O. 1937, c. 325,
s. 15, amended.

18. — (1) Upon satisfactory proof being furnished by thecontribu-
municipality that any fire has started on Crown land within paAmen?.^'
the municipality, half of the total cost of extinguishing such
fire shall be borne by the Department. R.S.O. 1937, c. 325,
s. 16 (1), amended.

(2) Where any such fire is confined entirely to Crown lands Fires on
other than the lands of an owner as defined by subsection 1 '■°^'^^^° ^*
of section 14, the total cost of extinguishing such fire shall be
borne by the Department. 1946, c. 32, s. 13.

19. — (1) For the purpose of controlling and extinguishing Right to
any fire, an officer may employ or summon the assistance oflg^g'tance.
any male person between the ages of eighteen and sixty years,
excepting only trainmen, boat crews, local telephone opera-
tors, telegraphers and despatchers on duty, doctors and per-
sons physically unfit. R.S.O. 1937, c. 325, s. 17 (4); 1946,
c. 32, s. 14, amended.

(2) Every person who refuses or neglects to render assis- Penalty for
tance when required under this section shall be guilty of a assys^^'^^ *°
offence against this Act. R.S.O. 1937, c. 325, s. 17 (5),
amended.

20. — (1) Every owner, within the meaning of subsection 1 ^en? of '^^'
of section 14, of land upon which there is a fire other than, — flres.

(a) a fire set out for cooking or obtaining warmth and
kept under control ; or

{h) a fire set out under the authority of this Act and
kept under control,

shall use all reasonable efforts to extinguish it and in any
prosecution or action the onus shall be upon him to prove
that he used all such reasonable efforts.

138

Expenses
incurred In
extinguish-
ing flres.

(2) In addition to the other penalties provided by this Act,
every owner who violates the provisions of subsection 1 shall
be liable for all expenses incurred by the Department in
attempting to extinguish such fire upon the land of which
he is the owner or upon any land to which it spreads, and
the amount thereof shall be recoverable with costs as a debt
due by action in any court of competent jurisdiction at the
suit of the Minister. 1946, c. 32, s. 16.

OFFENCES.

OlTences.

Using

engines

without

prescribed

safeguards.

21. — (1) During the close season in any year no person,
company or corporation in a fire district shall, —

Destroying
waste, etc.,
without
sparlt
arresters.

(b) destroy any wood or waste material by fire within
any burner or destructor operated at or near any
mill or manufactory, or operate any power-producing
plant using in connection therewith any smoke-
stack, chimney or other spark-emitting outlet, with-
out installing and maintaining on such burner or
destructor or on such smoke-stack, chimney or
spark-emitting outlet a safe and suitable device for
arresting sparks complying in all respects with the
regulations. R.S.O. 1937, c. 325, s. 12 (1); 1946,
c. 32, s. 9 (1), amended.

Dropping
Are or
live coal.

Injunction.

Duty of
engineer.

22. Every engineer in charge of an}' engine which is not
subject to the jurisdiction of the Board of Transport Commis-
sioners for Canada shall see that all safety appliances required
by this Act or by the regulations are properly used and ap-

138

plied, and in default he shall be guilty of an offence against
this Act. R.S.O. 1937, c. 325, s. 13; 1946, c. 32, s. 10,
amended.

23. No person shall, — Particular

offences.

(a) throw or drop any burning match, ashes from a pipe,
lighted cigarette, cigar or other burning substance
in a fire district without extinguishing it;

(b) discharge a firearm in a fire district without ensuring

that the wadding from the firearm is extinguished ;

any notice posted under this Act or the regulations;
or

(d) without lawful authority, destroy, damage or remove
any equipment placed in the forest for the purpose of
protecting the forests from fire. R.S.O. 1937, c. 325,
ss. 18, 20, amended.

24. Every officer shall have the right while in the per- Right of
formance of his duties to enter into and upon any lands and enter on
premises other than a private dwelHng, store, storehouse, ^'^®'^'^®^'
office or farm building, and every person who hinders, ob-
structs and impedes any such officer in the performance of

his duty shall be guilty of an offence against this Act. R.S.O.
1937, c. 325, s. 19; 1946, c. 32, s. 15, amended.

25. Every person using or travelling in the forest shall, J^f°'""i?^'o'i
upon request, give an officer or other authorized officer of the to officer by

„ . r • 1 • 11 . , 1 tourists, etc.

Crown, mformation as to his name, address, routes to be
followed, location of camps and any other information per-
taining to the protection of the forest from fire, and any
person who refuses to give such information shall be guilty
of an offence against this Act. R.S.O. 1937, c. 325, s. 26;
1946, c. 32, s. 21, amended.

PENALTIES.

26. — (1) Every person who disobeys or refuses or neglects Penalties.
to carry out any of the provisions of this Act or any regula-
tion or order made thereunder shall be guilty of an offence
and shall be liable to a fine of not less than $25 and not more
than $300, and in default of payment may be imprisoned for
a period not exceeding ninety days, or to imprisonment for
a period not exceeding ninety days, or to both fine and im-
prisonment, and such person shall be liable to the Depart-
ment for any expenses incurred by it in endeavouring to con-
trol or extinguish any fire caused by or resulting from such

138

disobedience, refusal or neglect. R.S.O. 1937, c. 325, s. 29;
1946, c. 32, s. 22, part, amended.

Expenses.— (2) The amount of any expenses for which any person is
liable to the Department under subsection 1 shall be recover-
able with costs as a debt due by action in any court of
competent jurisdiction at the suit of the Minister, provided
that where the amount claimed does not exceed $300 and

^Yie^***" proceedings are taken under The Summary Convictions Act in
respect of the disobedience, refusal or neglect, the magistrate,
upon making a conviction, may order payment of such
amount to the Minister and every such order may be en-
forced in the same manner as a division court judgment,
1946, c. 32, s. 22, part.

peliaitfeZ ° 27. The penalties imposed by or under the authority of
Rev. Stat, this Act shall be recoverable under The Summary Convictions
*'■ ^36. ' Act. R.S.O. 1937, c. 325, s. 31, amended.

REGULATIONS.

Regulations. 28. The Lieutenant-Governor in Council may make regu-
lations,—

(a) extending or restricting the close season for any fire
district or any part of a fire district in any year to
such date as may be deemed necessary;

{h) prescribing forms for use under the Act and the
regulations;

{d) prescribing the precautions to be taken in the use
of fire under a permit, and the appliances, impli-
ments and apparatus to be kept at hand by the
holders of permits;

{e) prescribing the circumstances and conditions under
which fire may be set out or used without a permit,
and under which fire may be used out of doors for
cooking or obtaining warmth;

(/) providing for the making of fire guards and the tak-
ing of other precautionary measures when the
Minister deems danger from fire to any town or
settlement specially imminent;

(g) regulating or preventing the piling or accumulation
138

of brushwood, debris and other inflammable mat-
terial;

(h) prescribing the use of fire protective appliances on
engines, and the precautions to be taken for pre-
venting forest fires being caused by the use and
operation of engines;

(i) prescribing the manner in which land may be sold
under subsection 8 of section 14;

(j) providing for the collection of the cost of any work
done by an officer or by a municipal corporation
under the authority of this Act in cases not provided
for under this Act;

(k) generally for the better carrying out of forest fire
prevention and the provisions of this Act. R.S.O.
1937, c. 325, s. 10; 1946, c. 32, s. 7, amended.

GENERAL.

29. The Forest Fires Prevention Act, The Forest Fires Pre-^e^- stat..
vention Amendment Act, 1946, and section 9 of The Statute c. 32; '1947.'
Law Amendment Act, 1947 , are repealed. repealed'. ^'

30. This Act may be cited as The Forest Fires Prevention^^^^^ ^^*'^^'
Act, 1948.

138

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No. 138

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

The Forest Fires Prevention Act, 1948.

Mr. Scott

TORONTO

Printed^andJPublished by Baptist Johnston
Printer to the^King's Most Excellent Majesty

No. 138 1948

BILL

The Forest Fires Prevention Act, 1948.

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

INTERPRETATION.

1. In this Act, — interpre-

tation,—

(a) "closed area" means an area closed by the Minister "closed
by order under subsection 1 of section 1 1 ; ^^®* '

(b) "Department" means Department of Lands and "Depart-

T^ , ment";

f'orests;

a fire district under section 2; district";

(6^) "Minister" means Minister of Lands and Forests; "Minister"

(e) "officer" means a person employed or appointed by "officer";
or with the approval of the Minister to assist in
enforcing the provisions of this Act;

(/) "owner" includes locatee, purchaser from the Crown, "owner";
assignee, lessee, occupant, purchaser, timber licensee,
holder of mining claim or location, and an\- person
having the right to cut timber and wood upon any
land ;

(g) "municipality" means a city, town, village, township "munici-
or improvement district; pa i y ,

(h) "regulations" mean regulations made under this Act; "reguia-
and

(i) "travel permit area" means a forest area within a "travel per-
fire district declared to be a travel permit area under

section 9. R.S.O. 1937, c. 325, s. 1; 1946, c. 32, s. 1,
amended.

138

ADMINISTRATION.

A^^Hcation 2.— (1) This Act appHes only to fire districts.

New.

o/fu-e°" ^^) ^^^ Lieutenant-Governor in Council may declare any

districts. part of Ontario a fire district. R.S.O. 1937, c. 325, s. 2 (1);
1946, c. 32, s. 2 (1).

fctl5n°or ("^) Nothing in this Act shall affect or be held to limit or

damages not interfere with the right of any person to bring and maintain

a civil action for damages occasioned by fire. R.S.O. 1937,

c. 325, s. 30.

Appoint-
ment of
officers.

Honorary 4 'pj^g Minister may appoint honorary fire wardens who

wardens. shall, —

(a) be appointed without salary or other remuneration;

{b) have authority to enforce such of the provisions of
this Act as the Minister may deem necessary; and

Arrange-
ment with
owner for
additional
protection.

ments"* ^^^ Every such appointment shall be made or approved by

the Minister.

sjfe^^fr* °^ ^^^ Every person appointed under subsection 1 shall be
officers. paid by the owner of the land such salary or other remunera-

tion as the Minister may direct or approve. R.S.O. 1937,
c. 325, s. 7; 1946, c. 32, s. 5, amended.

CLOSE SEASON.

Close
season.

138

FIRE PERMITS.

7. — (1) Upon application an officer may issue a permit, issue of Are
called a "fire permit", to set out fire during the close season. ''^'^'"'*'

(2) A fire permit shall be an authority to the permittee to Authority
set out fire only in accordance with, — by"penri?t.

(a) the terms and conditions under which the permit is
issued; and

(b) the regulations. New.

(3) No person shall set out fire during the close season for Prohibition
any purpose, other than cooking or obtaining warmth, except efcepf under
under a fire permit. R.S.O. 1937, c. 325, s. 8 (2), am ended, p^"""''^-

8. — (1) A fire permit may be limited as to duration and Li"iitations
area, but in any event shall expire on the 31st day of March' ^^'^
next following the date of its issue, and may contain such
other terms and conditions as the issuing officer may deem
necessary.

(2) A fire permit mav be cancelled or suspended at anv Cancellation

, rr 1 •" 1 • 1 • • . '. or suspension

time by an officer, and immediately upon receiving notice of of permit.

such cancellation or suspension the permittee shall extinguish

any fire set out under the permit. New.

TRAVEL PERMITS.

9. — (1) When the Lieutenant-Governor in Council deems Creation
it necessary to regulate travel in a forest area within a firepenifit^
district for the protection of that area, he may declare such^""®^^'
forest area a travel permit area. R.S.O. 1937, c. 325, s. 25
(1), amended.

(2) Upon application an officer may issue without charge issue of
permit, calh
(2), amended.

a permit, called a "travel permit". R.S.O. 1937, c. 325, s. 25 pel-mit.

(3) A travel permit shall be an authority to the permittee -^^u^thontT
to enter and travel about, and to set out fire only for the by permit,
purpose of cooking or obtaining warmth, in the travel permit

area in accordance with, —

(a) the terms and conditions under which the permit is
issued; and

(b) the regulations. New.

(4) No person shall enter and travel about, or set out fire Prohibition.
138

Limitations
in permit.

in a travel permit area during the close season except under a
travel permit. R.S.O. 1937, c. 325, s. 25 (3), amended.

or%'u8*pe1i*8ion (2) A travel permit may be cancelled or suspended at any

of permit. x{i^^q by an officer, and immediately upon receiving notice of

such cancellation or suspension, the permittee shall extinguish

any fire set by him and shall leave the travel permit area.

New.

CLOSED AREAS.

of^ci'osed*^'^" 11. — (1) When the Minister deems it necessary or expedi-
area. ent, owing to extreme fire hazard conditions, to close any

Notice of
order.

(2) The Minister shall provide for such notice as he deems
necessary under the circumstances, and shall publish a notice
of the order setting out the area closed and the period of
closure in such newspapers as in his opinion will give the
greatest publicity. R.S.O. 1937, c. 325, s. 27 (2), amended.

Prohibition. (3) No person, unless specially authorized by the Minister,
shall enter a closed area during the peiiod of closure. New.

Burden of
proof.

1944. c. 52.

WORK PERMITS.

Work permit 12. — (1) Except where land is being cleared for agricul-
woods^and"^ tural purposes by a locatee, purchaser or patentee, every per-
^pg'ratlons. ^on, firm or corporation shall, in addition to any other re-
quirement, obtain from an officer a work permit before, —

(a) carrying on any logging, mining or industrial opera-
tion or before clearing a right-of-way for any road,

138

(b) operating in a fire district any mill for the purpose
of manufacturing timber. R.S.O. 1937, c. 325, s. 23
(1); 1946, c. 32, s. 18 (1), amended.

(2) The application for such permit shall be in the pre- Description
scribed form, and in addition to any other information i-g.^^P®""™* •
quired in such form shall state the location of the proposed
operation or mill, the character thereof, the number of men

to be emplo\'ed, the location of camps and the probable dura-
tion of the operation. R.S.O. 1937, c. 325, s. 23 (2), amended.

(3) An officer may in the interest of forest protection, — offloerf °^

(a) refuse the granting of permission for any operation
or limit the period during which the operation may
be carried on ;

(b) require that any permittee carrying on any operation

section. R.S.O. 1937, c. 325, s. 23 (3); 1946, c. 32,
s. 18 (1), amended.

(4) Where fire originates in any particular area in which Cost of

^ ^ . , , , . ,r 1-1 extinguish-

any person either by himself or his employees or someone on ing fire.

his behalf, is carrying on any of the operations referred to in

clause a or 6 of subsection 1, in the absence of reasonable

evidence that the fire may have occurred from causes other

than such operations the onus shall be upon that person to

prove that the fire did not result from such operations, and

in the absence of such proof that person shall bear the full

cost of controlling and extinguishing the fire. 1946, c. 32,

s. 18 (2), amended.

(5) A work permit may be limited as to duration and area Expiration
but in any event shall expire on the 31st day of March next° ^^^^
following the date of its issue, and may contain such other

terms and conditions as the issuing ofiicer may deem neces-
sary. R.S.O. 1937, c. 325, s. 23 (5); 1946, c.'32, s. 18 (3),
amended.

138

Per di»m
I>«nalty.

Right to

refuse

permit.

PREVENTION MEASURES.

Power of
officer as
to clearing
of land.

Cost of
work.

Penalty.

(3) Any person who neglects or refuses to carry out any
order or direction given under the authority of subsection 1
shall be guilty of an offence against this Act. 1946, c. 32,
s. 8, amended.

meaningof. 14- — (1) I" this section "owner" means locatee, purchaser
from the Crown, assignee, purchaser or occupant.

Action by
municipality
in district.

^°m"\aint*° ^^^ '^^^ Minister shall make inquiry as to the conditions
described by the council and shall report the result of his

138

inquiry to the council with his recommendation as to what
action, if any, should be taken thereon.

(5) If within the time so fixed the necessary work has not Default of
been done, the corporation of the municipality may cause the°^"®'^'
work to be done and the expenses of the corporation in doing

such work shall be a charge upon the land and shall be payable
by the owner forthwith.

(6) If the land is patented and lies in an organized munici- Recovery of

,. , r , • • 1 • , . , expenses

pality the treasurer oi the municipal corporation doing the where land
work shall notify the clerk of the municipality in which the in organized
land lies of the amount so due and if after thirty days after ®^"*°'"y-
the date of the receipt of such notice the amount remains
unpaid the corporation of the municipality in which the land
lies shall pay the amount to the treasurer of the municipality
doing the work and the corporation making such payment
may thereupon register or lodge in the proper registry or
land titles office, a declaration under the hand of the reeve
or other head of the municipality and the treasurer thereof
and having the corporate seal affixed thereto, declaring that
the municipal corporation claims a lien upon the land for the
amount so paid and interest thereon at the rate of six per
centum per annum from the date of the declaration.

(7) If the land is patented and lies In territory without where land
municipal organization the municipal corporation doing thein un-^'^ ^
work may register or lodge in the proper registry- or land territory^
titles office, a declaration to the same effect as the declaration
mentioned in subsection 6 under the hand of the reeve or

(8) Upon the registration or filing of the declaration men- Effect of

. , . , . ^ ,«i --I • 1 registration

tioned in subsections 6 and 7, the municipal corporation mak-
ing the declaration shall have a lien upon the land for the
amount claimed and such lien shall have priority according
to the general law of Ontario and if the claim remains unpaid
for a period of three months after registration and filing the
same may be enforced by the sale of the land in the manner

138

provided for in the regulations,
1946, c. 32, s. 11, amended.

R.S.O. 1937, c. 325, s. 14;

Aereements
with muni-
cipalities.

Destruction
of refuse
o n clearing
land for
highway.

Inflammable
matter near

(2) Any person who within three hundred feet of the right-
right-of-way. Qf_^,j^y of any railway causes any accumulation of inflam-
mable debris shall at the request of any officer immediately
pile and, subject to the requirements of this Act concerning
fire permits, burn the debris. R.S.O. 1937, c. 325, s. 22 (2);
1946. c. 32, s. 17 (2), amended.

Timber out
to fall on
owner's
land.

Clearing in
neighbour-
hood of
mills, etc.

Accumula-
tion of in-
flammable
refuse.

(5) No person shall within one-half mile of any village,
town or city accumulate inflammable debris or permit any
such accumulation to remain on any property owned by him
or under his control. R.S.O. 1937, c. 325, s. 22 (5).

Duty of

municipal

corporation.

EXTINGUISHMENT OF FIRES.

17. The corporation of any municipality within a fire dis-
138

18. — (1) Upon satisfactory proof being furnished by thecontribu-
municipality that any fire has started on Crown land within p'aAment.^'
the municipality, half of the total cost of extinguishing such
fire shall be borne by the Department. R.S.O. 1937, c. 325,
s. 16 (1), amended.

19. — (1) For the purpose of controlling and extinguishing Right to
any fire, an officer may employ or summon the assistance of Instance,
any male person between the ages of eighteen and sixty years,
excepting only trainmen, boat crews, local telephone opera-
tors, telegraphers and despatchers on duty, doctors and per-
sons physically unfit. R.S.O. 1937, c. 325, s. 17 (4); 1946,
c. 32, s. 14, amended.

(2) Every person who refuses or neglects to render assis- Penalty for
tance when required under this section shall be guilty of ail^su^ ^°
offence against this Act. R.S.O. 1937, c. 325, s. 17 (5),
amended.

20. — (1) Every owner, within the meaning of subsection 1 menfof*^^'
of section 14, of land upon which there is a fire other than, — fires.

(a) a fire set out for cooking or obtaining warmth and

kept under control; or

(b) a fire set out under the authority of this Act and

kept under control,

shall use all reasonable efforts to extinguish it and in any
prosecution or action the onus shall be upon him to prove
that he used all such reasonable efforts.

138

Expenses
incurred in
extinguish-
ing fires.

(2) In addition to the other penalties provided by this Act,
every owner who violates the provisions of subsection 1 shall
be liable for all expenses incurred by the Department in
attempting to extinguish such fire upon the land of which
he is the owner or upon any land to which it spreads, and
the amount thereof shall be recoverable with costs as' a debt
due by action in any court of competent jurisdiction at the
suit of the Minister. 1946, c. 32, s. 16.

OFFENCES.

OfTences.

21. — (1) During the close season in any year no person,
company or corporation in a fire district shall, —

Using

engines

without

prescribed

safeguards.

(a) use or operate within a quarter of a mile of any
• forest, slashing or bushland any engine which is not
provided with a practical and efficient device for
arresting sparks, together with an adequate device
for preventing the escape of fire or live coals from
all ash pans and fire boxes, and which does not
comply in every respect with the regulations;

Destroying
waste, etc.,
without
sparlc
arresters.

(b) destroy any wood or waste material by fire within
any burner or destructor operated at or near any
mill or manufactory, or operate any power-producing
plant using in connection therewith any smoke-
stack, chimney or other spark-emitting outlet, with-
out installing and maintaining on such burner or
destructor or on such smoke-stack, chimne\- or
spark-emitting outlet a safe and suitable device for
arresting sparks complying in all respects with the
regulations. R.S.O. 1937, c. 325, s. 12 (1); 1946,
c. 32, s. 9 (1), amended.

Dropping
fire or
live coal.

Injunction. (3) Notwithstanding the penal provisions of. this Act, any
court of competent jurisdiction may upon the application of
the Minister grant an injunction against the use of any loco-
motive, engine, burner or destructor until it has been equipped
with safety appliances to the satisfaction of the Minister.
R.S.O. 1937, c. 325, s. 12 (3); 1946, c. 32, s. 9 (2), amended.

Duty of
engineer.

138

plied, and in default he shall be guilty of an offence against
this Act. R.S.O. 1937, c. 325, s. 13; 1946, c. 32, s. 10,
amended.

23. No person shall, — Particular

offences.

(a) throw or drop any burning match, ashes from a pipe,
lighted cigarette, cigar or other burning substance
in a fire district without extinguishing it;

{h) discharge a firearm in a fire district without ensuring
that the wadding from the firearm is extinguished ;

{d) without lawful authority, destroy, damage or remove
any equipment placed in the forest for the purpose of
protecting the forests from fire. R.S.O. 1937, c. 325,
ss. 18, 20, amended.

24. Every officer shall have the right while in the per- Right of
formance of his duties to enter into and upon any lands andenterVif
premises other than a private dwelling, store, storehouse, p'"®"^^^®^-
office or farm building, and every person who hinders, ob-
structs and impedes any such officer in the performance of

his duty shall be guilty of an offence against this Act. R.S.O.
1937, c. 325, s. 19; 1946, c. 32, s. 15, amended.

25. Every person using or travelling in the forest shall, J'^fo^^f^tio'^
upon request, give an officer or other authorized officer of the to officer by
Crown, information as to his name, address, routes to be
followed, location of camps and any other information per-
taining to the protection of the forest from fire, and any

person who refuses to give such information shall be guilty
of an offence against this Act. R.S.O. 1937, c. 325, s. 26;
1946, c. 32, s. 21, amended.

PENALTIES.

26. — (1) Every person who disobeys or refuses or neglects Penalties,
to carry out any of the provisions of this Act or any regula-
tion or order made thereunder shall be guilty of an offence
and shall be liable to a fine of not less than S25 and not more
than S300, and in default of payment may be imprisoned for
a period not exceeding ninety days, or to imprisonment for
a period not exceeding ninety days, or to both fine and im-
prisonment, and such person shall be liable to the Depart-
ment for any expenses incurred by it in endeavouring to con-
trol or extinguish any fire caused by or resulting from such

138

disobedience, refusal or neglect. R.S.O. 1937, c. 325, s. 29;
1946, c. 32, s. 22, part, amended.

0^^*136^*^*" proceedings are taken under The Summary Convictions Act in
respect of the disobedience, refusal or neglect, the magistrate,
upon making a conviction, may order payment of such
amount to the Minister and every such order may be en-
forced in the same manner as a division court judgment,
1946, c. 32, s. 22, part.

penalties. 27. The penalties imposed by or under the authority of

Rev. Stat., this Act shall be recoverable under The Summary Convictions
""■ ^2^- Act. R.S.O. 1937, c. 325, s. 31, amended.

REGULATIONS.

Regulations, 28. The Lieutenant-Governor in Council may make regu-
lations,—

(a) extending or restricting the close season for any fire
district or any part of a fire district in any year to
such date as may be deemed necessary;

(6) prescribing forms for use under the Act and the
regulations;

{d) prescribing the precautions to be taken in the use
of fire under a permit, and the appliances, impli-
ments and apparatus to be kept at hand by the
holders of permits;

{e) prescribing the circumstances and conditions under
which fire may be set out or used without a permit,
and under which fire may be used out of doors for
cooking or obtaining warmth ;

(J) providing for the making of fire guards and the tak-
ing of other precautionary measures when the
Minister deems danger from fire to any town or
settlement specially imminent;

(g) regulating or preventing the piling or accumulation
138

of brushwood, debris and other inflammable mat-
terial ;

(/;) prescribing the use of fire protective appliances on
engines, and the precautions to be taken for pre-
venting forest fires being caused by the use and
operation of engines;

(i) prescribing the manner in which land may be sold
under subsection 8 of section 14;

(j) providing for the collection of the cost of any work
done by an officer or b^^ a municipal corporation
under the authority of this Act in cases not provided
for under this Act;

(k) generally for the better carrying out of forest fire
prevention and the provisions of this Act. R.S.O.
1937, c. 325, s. 10; 1946, c. 32, s. 7, amended.

GENERAL.

29. The Forest Fires Prevention Act, The Forest Fires ^'''^-^^^^^^^^-^q
vention Amendment Act, 1946, and section 9 of The Statute c'. 32. '1947,'
Law Amendment Act, 1947, are repealed. repealed*.

30. This Act may be cited as The Forest Fires Prevention sJ^or* ""e.
Act, 1948.

138

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No. 139

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Securities Act, 1947.

Mr. Blackwell

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes

Section 1. These amendments are complementaryxto Bill No. 143
{An Act respecting Investment Contracts).

139

No. 139 194g

BILL

An Act to amend The Securities Act, 1947.

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

1. — (1) Clause/ of section 1 of The Securities Act, 1947,1947, c. 98.
is amended by inserting after the word "company" in thelmenied,
eighth line the words "other than an issuer within the meaning
of The Investment Contracts Act, 1948' \ so that the said clause
shall now read as follows:

(/) "investment company" shall mean a company, other "investment
than a company recognized by the Commission as a "^""^p^^^ '•
mining company or an industrial company, whose
principal business is the acquisition of or the invest-
ment in the securities of other companies whether
for the purpose of acquiring control or management
of such companies or for the purpose of deriving
revenue from such securities and shall include a
company, other than an issuer within the meaning
of The Investment Contracts Act, 1948, which issues i948, c. oo.
investment certificates, investment contracts, savings
certificates, savings contracts or securities of a like
nature.

(2) Subclause xii of clause g of the said section 1 is amended 1947. c. 98,
by adding at the end thereof the words "or an issuer within siibcL xu.
the meaning of The Investment Contracts Act, 1948", so^'^^''^^'^'
that the said subclause shall now read as follows :

(xii) any income or annuity contract not issued by an
insurance company or an issuer within the meaning
of The Investment Contracts Act, 1948.

(3) Subclause xv of clause q of the said section 1 is amended 1947 ,,. 98i
by inserting after the word "contract" the words "other than ^^ ^^ °i^ «•
an investment contract within the meaning of The Investment ^^^^'^e'^'-
Contracts Act, 1948,'' so that the said subclause shall now

read as follows:

139

(xv) any investment contract other than an investment
contract within the meaning of The Investment Con-
tracts Act, 1948, or

Further In-
formation.

1947. c. 98, 2. Section 12 of The Securities Act, 1947, is amended by
amended. inserting after the word "person" in the seventh line the words
"or any partner, officer, director or employee of such registered
person", so that the said section shall now read as follows:

12. The registrar may and shall when so directed by the
Commission require any further information or
material to be submitted by any applicant or any
registered person or company within a specified time
limit and may require verification by affidavit or
otherwise of any information or material then or
previously submitted or may require such applicant
or such registered person or any partner, officer,
director or employee of such registered person or
company to submit to examination under oath.

3. Clause c of section 18 of The Securities Act, 1947, is
amended by inserting after the word "any" in the second
line the word "partner", and by adding at the end thereof
the words "other than compensation paid or given by a
mining, industrial or investment company in respect of any
services performed for such company", so that the said clause
shall now read as follows:

1947, c. 98.
8. 18, ol. c.
amended.

"Persons or
companies
registered
for trading
in securi-
ties, etc.

(c) any person or company registered for trading in
securities under this Act, or any partner, officer or
employee thereof, whose performance of such services
is solely incidental to the conduct of the business as
such, and who receives no special compensation
therefor other than compensation paid or given by a
mining, industrial or investment company in respect
of any services performed for such company.

1947, c. 98, 4:. — (1) Clause g of subsection 1 of section 19 of The

%}^gl^^^^'^' Securities Act, 1947, is amended by inserting after the article

amended. "a" where it occurs the third time in the first line the words

"person or", so that the said clause shall now read as follows:

Person or

company

selling

securities

through

agent.

(g) a trade in a security by a person or company acting
solely through an agent who is a person or company
registered for trading in securities under this Act; or

1947, c. 98. (2) Clause a of subsection 2 of the said section 19 is amended
ci.^a," ^"^^' ^' t>y striking out the words "except for ministerial or profes-
sional services" in the twelfth and thirteenth lines, by inserting
after the word "given" in the thirteenth line the words "to
others", and by adding at the end thereof the words "except

amended.

139

Section 2. This amendment will enable the registrar of the Com-
mission to require any partner, officer, director or employee of a registered
person or company to submit to examination under oath.

Section 3. Section 18 provides for certain exemptions from regis-
tration as an investment counsel.

This amendment will enable any person or company registered for
trading in securities under the Act, or any partner, officer or employee
thereof, to receive compensation from a mining, industrial or investment
company for advice given relating to purchasing or selling securities without
being registered as an investment counsel.

Section 4 — Subsection 1. Subsection 1 of section 19 provides for
various exemptions from registration in respect of certain types of trades
in securities.

This amendment is self-explanatory.

Subsection 2. Subsection 2 of section 19 provides for various exemp-
tions from registration in respect of certain securities. Clause a thereof
covers securities of a company's own issue which are distributed or issued
by the company to the holders of its securities as a stock dividend, distribu-
tion of earnings or surplus, or as incidental to a bona fide reorganization or
winding-up. It also covers additional securities of a company's own issue
which are sold by the company to the holders of its securities. However,
no commission or other remuneration, except for ministerial or professional
services, is allowed to be paid or given in connection with the aforemen-
tioned distribution, issuance or sale.

This amendment will further enable a company, without the necessity
of registration, to distribute securities of its own issue to the holders of its
securities as incidental to a bona fide re-organization of the company
where compensation in connection with such re-organization has been
paid or given to a person or company registered for trading in securities.

139

Section 5 — Subsection 1. Part VII of the Act, consisting only of
section 42, provides for the filing of prospecting syndicate agreements with
the Commission and accordingly its heading is — Prospecting Syndicates.

The heading as re-enacted indicates that provisions relating to
securities issued by a person are being added to Part VII.

Subsection 2. It is considered desirable that persons or companies
registered for trading in securities be prohibited from acting as principal or
as agent for unincorporated prospecting syndicates in the sale to the public
of securities issued by such syndicates.

In addition, there are no provisions in the Act relating to the require-
ments for trading in securities issued by a person, other than a prospecting
syndicate, by a registered person or company. These are unusual cases.

This amendment covers such cases and of necessity gives the Commis-
sion wide powers of discretion in dealing with them.

139

for ministerial or professional services or services performed
by a person or company registered for trading in securities
under this Act in connection with a bona fide re-organization
of the company", so that the said clause shall now read as
follows:

(a) securities of its own issue which are distributed or stock

issued by a company to the holders of its securities distribution
as a stock dividend or other distribution out of etc^'*'""'"^^'
earnings or surplus, or securities whether of its own
issue or not which are distributed or issued by such
company to the holders of its securities as incidental
to a bona fide re-organization or winding-up of the
company or distribution of its assets for the purpose
of winding-up its affairs, or the sale by a company
to the holders of its securities of additional securities
of its own issue, provided that no commission or
other remuneration is paid or given to others in
respect of such distribution, issuance or sale, except
for ministerial or professional services or services
performed by a person or company registered for
trading in securities under this Act in connection with
a bona fide re-organization of the company.

5. — (1) The heading immediately preceding section 42 ofi947.c. 98.
The Securities Act, 1947, is repealed and the following sub- heading,
stituted therefor:

PROSPECTING SYNDICATES AND SECURITIES
ISSUED BY A PERSON.

(2) Section 42 of The Securities Act, 1947, is amended byi947. c. 98.
adding thereto the following subsections: amended.

(5) No person or company registered for trading in ProMbition
securities under this Act shall trade in a security in securities
issued by a prospecting syndicate either as agent for syndicate,
such, prospecting syndicate or as principal.

(6) No person or company registered for trading in J/^^u^ritS^°
securities under this Act shall trade in a security j^ssued^ by
issued by a person, other than a prospecting syndi-
cate, either as agent for such person or as principal
unless, —

(a) written permission, upon such terms as the
Commission may require, has been obtained
from the Commission; and

(&) information satisfactory to the Commission
relating to such person and such security has
been accepted for filing by the Commission.

139

1947. c. 98. Q Section 43 of The Securities Act, 1947, is amended by
amended. adding thereto the following subsections:

New

prospectus,
report and
statements
required
within a
period of
one year
of date of
original
filing with
Commission.

(11) Where the securities of a company are in the
course of primary distribution to the public and a
statement, balance sheet and profit and loss state-
ment and summary of report, where required under
the provisions of The Securities Act, J 945, relating
to such securities and such company have been filed
with the Commission within a period of one year
prior to the 9th day of March, 1948, the material
required to be filed with the Commission under the
provisions of subsection 10 shall be filed with the
Commission within a period of one year of the date
of the original filing with the Commission subject to
the granting of a further period of not more than
ninety days in the discretion of the registrar.

New

prospectus,
report and
statements
required
within a

geriod of one
undred
and twenty
days of proc-
lamation
of the Act.

1947, c. 98,
s. 44,
amended.

New

prospectus,
report and
statements
required
within a
period of
one year
of date of
original
filing with
Commission.

New

prospectus,
report and
statements
required
within a
period of
one hundred
and twenty
days of proc-
lamation
of the Act.

(12) Where the securities of a company are in the course
of primary distribution to the public and no complete
statement of particulars relating to such securities
and such company has been filed with the Commission
within a period of one year prior to the 9th day of
March, 1948, the material required to be filed with
the Commission under the provisions of subsection 10
shall be filed with the Commission within a period of
one hundred and twenty days- from the 9th day of
March, 1948.

7. Section 44 of The Securities Act, 1947, is amended by
adding thereto the following subsections:

(11) Where the securities of a company are in the course
of primary distribution to the public and a statement,
balance sheet and profit and loss statement and
summary of report, where required under the pro-
visions of The Securities Act, 1945, relating to such
securities and such company have been filed with
the Commission within a period of one year prior to
the 9th day of March, 1948, the material required
to be filed with the Commission under the provisions
of subsection 10 shall be filed with the Commission
within a period of one year of the date of the original
filing with the Commission subject to the granting
of a further period of not more than ninety days in
the discretion of the registrar,

(12) Where the securities of a company are in the course
of primary distribution to the public and no com-
plete statement of particulars relating to such
securities and such company has been filed with the

139

Sections 6, 7 and 8. Subsection 11 of Sections 43 and 44 and sub-
section 10 of Section 45 bring filings made under the 1945 Act, where the
securities concerned are still in course of primary distribution to the public,
within the requirements of the 1947 Act. These latter requirements give
more information to prospective purchasers of such securities.

Sections 6, 7 and 8. Subsection 12 of Sections 43 and 44 and subsec-
tion 11 of Section 45 bring filings made under the 1945 Act, where the
securities concerned are still in course of primary distribution to the public,
within the requirements of the 1947 Act. These latter requirements give
more information to prospective purchasers of such securities.

139

5 .

Commission within a period of one year prior to the
9th day of March, 1948, the material required to be
filed with the Commission under the provisions of
subsection 10 shall be filed with the Commission
within a period of one hundred and twenty days
from the 9th day of March, 1948.

8. — (1) Clause e of subsection 5 of section 45 of r^ei947, c. 98,
Securities Act, 1947, is amended by inserting after the wordci. «.' ^"
"company" in the first line the words "other than an issuer ^"'®"'^®^'
within the meaning of The Investment Contracts Act, 1948' \
so that the said clause shall now read as follows:

{e) in the case of an investment company, other than an
issuer within the meaning of The Investment Con-
tracts Act, 1948, which issues investment certificates,
investment contracts, savings certificates, savings
contracts or securities of a similar type, a report by
the auditors of such company with respect to the
adequacy of the recorded liabilities of such com-
pany to the holders of such securities.

(2) The said section 45 is further amended by adding thereto ^^l^- ^- ^^•

the following subsections: amended.

(10) Where the securities of a company are in the course New

DrosDGctiis

of primary distribution to the public and a statement, report and'
balance sheet and profit and loss statement and required
summary of report, where required under the pro- period of
visions of The Securities Act, 1945, relating to such^p^ltTof
securities and such company have been filed with the Ailnl'^with
Commission within a period of one year prior to the commission.
9th day of March, 1948, the material required to be
filed with the Commission under the provisions of
subsection 9 shall be filed with the Commission
within a period of one year of the date of the original
filing with the Commission subject to the granting
of a further period of not more than ninety days in
the discretion of the registrar.

(11) Where the securities of a company are in the course ^j.®^pg^j.yg^
of primary distribution to the public and no com- report and '
plete statement of particulars relating to such required
securities and such company has been filed with the period of
Commission within a period of one year prior to the and twenty
the 9th day of March, 1948, the material required to f^^^lt*?^ p''^^"
be filed with the Commission under the provisions of °f *^® ■^°*-
subsection 9 shall be filed with the Commission within

a period of one hundred and twenty days from the
9th day of March, 1948.

139

1947. 0. 98,
B. 46,
amended.

9. — (1) Section 46 of The Securities Act, 1947, is amended
by striking out the words "the sale of any securities" in the
first and second lines and inserting in lieu thereof the words,
letters and figures "trades mentioned in clause c or y of sub-
section 1 of section 19 nor to securities", so that the said
section, exclusive of the clauses, shall now read as follows:

Exemptions. 46. Sections 43, 44 and 45 shall not apply to trades

mentioned in clause c ov j of subsection 1 of section 19
nor to securities, —

1947, c. 98,
8. 46,
amended.

(2) The said section 46 is further amended by striking out
the word "or" at the end of clause c, by adding the word "or"
at the end of clause d, and by adding thereto the following
clause :

(g) which are exempted by the regulations.

1947. c. 98.^ 10. Subsection 1 of section 58 of The Securities Act, 1947,
amended. ' is amended by inserting after the word "security" in the second
line the words "other than a security which carries a right of
redemption or repurchase by the person or company issuing
such security", and by inserting after the word "any" in the
sixth line the word "such", so that the said subsection shall
now read as follows:

Prohibition
of repre-
sentations.

1947, c. 98,
s. 59,
re-enacted.

Notice where
acting as
principal.

(1) No person or company, with the intention of effecting
a trade in a security other than a security which
carries a right of redemption or repurchase by the
person or company issuing such security, shall make
any representation, written or oral, that he or it or
any person or company, —

(a) will resell or repurchase; or

(b) will refund all or any of the purchase price of,

any such security in which he or it is trading.

11. Section 59 of The Securities Act, 1947, is repealed
and the following substituted therefor:

59. — (1) Where a person or company registered for
trading in securities under this Act, with the inten-
tion of effecting a trade in a security with any person
other than a person registered for trading in securities
under this Act, issues, publishes or sends a circular,
pamphlet, letter, telegram or advertisement, and
proposes to act in such trade as a principal, such

139

Section 9 — Subsection 1. Section 46 provides for certain exemptions
from filing prospectuses, financial statements and reports with the Com-
mission where securities issued by a company will be in the course of primary
distribution to the public.

This amendment extends the exemptions to include trading in such
securities done by banks, loan corporations, trust companies, insurance
companies and public officers acting for governmental bodies and also
trading in such securities between a person or company and an underwriter
or optionee or between underwriters and optionees.

Subsection 2. This clause will allow the Lieutenant-Governor in
Council to extend by regulation the exemptions provided in section 46
if such extension is deemed necessary.

Section 10. This amendment recognizes the fact that a prohibition
of representations relating to the resale or repurchase of a security or
to the refund of all or any of the purchase price of a security, should not
include a security which carries a right of redemption or repurchase by the
person or company issuing such security.

Section 1 1 . Section 59 provides that notice in writing shall be given
to every person by a person or company registered for trading in securities
before a contract is entered into with such person where written material
is sent out or a verbal offer is made relating to a security and the registered
person or company is acting as principal.

As re-enacted, section 59 does not require such notice to be given to a
person registered for trading in securities nor in respect of trades and
securities which come within the provisions of section 19. It also permits a
registered person or company to state that he or it is acting as principal in
the written confirmation where a trade in a security has been effected as a
result of an oral offer.

139

Section 12. Section 60 provides that a contract entered into under
the provisions of section 59 may be rescinded by a person where section 59
has not been complied with provided that written notice of exercising the
right of rescission is served within sixty days of the date of the delivery
of the security to or by such person and, in the case of a purchase, he is
still the owner of the security purchased.

As re-enacted, section 60 shortens the period of time within which
notice of rescission must be served on the registered person or company
where a contract has been entered into as a result of an oral offer. The
period of time now becomes seven days from the date of the delivery of the
written confirmation where the confirmation does not contain a statement
that the registered person or company has acted as principal. Otherwise
section 60 remains the same.

139

person or company shall so state in such circular,
pamphlet, letter, telegram or advertisement or other-
wise in writing before entering into a contract for the
sale or purchase of any such security and before
accepting payment or receiving any security or
other consideration under or in anticipation of any
such contract.

(2) Where a person or company registered for trading in written con-
securities under this Act, with the intention of ^'''"**'°'^-
effecting a trade in a security with any person other

than a person registered for trading in securities
under this Act, makes an oral offer or invitation for
an offer to any person and effects such trade as a
principal, such person or company shall state in a
written confirmation of the contract that he or it
has acted as principal.

(3) A statement made in compliance with this section where acting
that a person or company registered for trading in ^^ agent,
securities under this Act proposes to act or has

acted as principal in connection with a trade in a
security shall not prevent such person or company
from acting as agent in connection with a trade in
such security.

(4) This section shall not apply to, — When sec-

tion not
applicable.

(a) trades mentioned in subsection 1 of section 19;
or

(b) securities described in subsection 2 of sec-

tion 19.

12. Section 60 of The Securities Act, 1947, is repealed and 1947, c. 98.
the following substituted therefor: re-enacted.

60. — (1) A person who has entered into a contract to Rescission
which subsection 1 of section 59 applies shall be °*" °°°*'"^'^*-
entitled to rescission of the contract where sub-
section 1 of section 59 has not been complied with
and written notice of exercising the right of rescis-
sion is served on the person or company registered
for trading in securities under this Act within sixty
days of the date of the delivery of the security to
or by such person, as the case may be, and in the
case of a purchase by such person, he is still the
owner of the security purchased.

(2) A person who has entered into a contract to which idem,
subsection 2 of section 59 applies shall be entitled

139

to rescission of the contract where subsection 2 of
section 59 has not been complied with and written
notice of exercising the right of rescission is served on
the person or company registered for trading in
securities under this Act within seven days of the
date of the deHvery of the written confirmation
of the contract and in the case of a purchase by such
person, he is still the owner of the security purchased.

Onus.

(3) In an action for rescission to which this section applies,
the onus of proving compliance with section 59 shall
be upon the person or company registered for trading
in securities under this Act.

Period of
limitation.

(4) No action shall be commenced under this section
after the expiration of a period of three months from
the date of the service of notice under subsection 1
or 2.

1947. c
8. 63,
amended.

98,

13. Section 63 of The Securities Act, 1947, is amended by
inserting after the word "of" in the fifth line the words "or is
authorized so to do in writing by", so that the said section
shall now read as follows:

Use of name
of another
registered
person or
company.

63. No person or company registered under this Act shall
use the name of another person or company registered
under this Act on letterheads, forms, advertisements
or signs, as correspondent or otherwise, unless he or
it is a partner, officer or agent of or is authorized so
to do in writing by the other person or company
registered under this Act.

1947. c. 98. 14 Section 75 of The Securities Act, 1947, is amended by
amended. adding thereto the following clause:

{mm) prescribing trades or securities, in addition to the
trades and securities mentioned in section 46, in
respect of which sections 43, 44 and 45 shall not
apply.

Special type
of bond.

15. — (1) With the consent in writing and under seal of
all parties to a bond filed under section 12 of The Securities
Act, 1945, the Commission may accept such bond in lieu of
the bond required under section 10 of The Securities Act, 1947,
and the provisions of The Securities Act, 1947, shall apply
mutatis mutandis to such bond.

Saving.

(2) Subsection 1 shall not affect any rights and obligations
arising out of the filing of the bond under The Securities Act,
1945.

139

Section 13. This amendment will enable a registered person or
company to authorize another registered person or company to use his or
its narne on letterheads, forms, advertisements or signs. This authori-
zation is particularly desirable in the case of a sub-broker-dealer who must
be a correspondent of investment dealers or broker-dealers or both.

Section 14. Complementary to subsection 2 of section 5.

Section 15. This special type of bond enables a registrant under
The Securities Act, 1945, to obtain registration where he cannot provide the
collateral required under subsection 3 of section 10 of The Securities Act,
1947, by reason that the collateral provided by him under section 12 of
The Securities Act, 1945, will not be available for the two years during which
the bond under section 12 of that Act continues in force.

139

16. This Act shall come into force on the day upon which ^ent"of"Act
it receives the Royal Assent.

17. This Act may be cited as The Securities ^wendwen/^|*°'^ "*^®-
Act, 1948.

139

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No. 139

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Securities Act, 1947.

Mr. Blackwell

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 139 1948

BILL

An Act to amend The Securities Act, 1947.

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

1. — (1) Clause/ of section 1 of The Securities Act, 1947,1947, c. 98,
is amended by inserting after the word "company" in the Imerfied.
eighth line the words "other than an issuer within the meaning
of The Investment Contracts Act, 1948", so that the said clause
shall now read as follows:

(/) "investment company" shall mean a company, other "investment
than a company recognized by the Commission as q,^°^^^^^ •
mining company or an industrial company, whose
principal business is the acquisition of or the invest-
ment in the securities of other companies whether
for the purpose of acquiring control or management
of such companies or for the purpose of deriving
revenue from such securities and shall include a
company, other than an issuer within the meaning
of The Investment Contracts Act, 1948, which issues i948. o. oo.
investment certificates, investment contracts, savings
certificates, savings contracts or securities of a like
nature.

(2) Subclause xii of clause q of the said section 1 is amended 1947, c. 98.
by adding at the end thereof the words "or an issuer within siibci. xii'.
the meaning of The Investment Contracts Act, 1948", qo^"'^''^^^-
that the said subclause shall now read as follows:

(xii) any income or annuity contract not issued by an
insurance company or an issuer within the meaning
of The Investment Contracts Act, 1948.

(3) Subclause xv of clause q of the said section 1 is amended 1947 <,. 98,
by inserting after the word "contract" the words "other than |yij,j°^^ «;
an investment contract within the meaning of The Investment ^^e^^^'^-
Contracts Act, 1948," so that the said subclause shall now

read as follows:

139

(xv) anj- investment contract other than an investment
contract within the meaning of The Investment Con-
tracts Act, 1948, or

1947. c. 98,

B. 12,

amended.

Further in-
formation.

1947. c. 98,
8. 18. cl. c,
amended.

2. Section 12 of The Securities Act, 1947, is amended by
inserting after the word "person" in the seventh Hne the words
"or any partner, officer, director or employee of such registered
person", so that the said section shall now read as follows:

3. Clause c of section 18 of The Securities Act, 1947, is
amended by inserting after the word "any" in the second
line the word "partner", and by adding at the end thereof
the words "other than compensation paid or given by a
mining, industrial or investment company in respect of any
services performed for such compan\", so that the said clause
shall now read as follows:

Persons or.
companies
registered
for trading
in securi-
ties, etc.

(c) any person or company- registered for trading in
securities under this Act, qr any partner, officer or
employee thereof, whose performance of such services
is solely incidental to the conduct of the business as
such, and who receives no special compensation
therefor other than compensation paid or given by a
mining, industrial or investment compan\- in respect
of any services performed for such company.

1947,0.98, 4. — (1) Clause g of subsection 1 of section 19 of The

%}^l^^^^'^' Securities Act, 1947, is amended by inserting after the article

amended. "j^'' where it occurs the third time in the first line the words

"person or", so that the said clause shall now read as follows:

Person or

company

selling

securities

through

agent.

{g) a trade in a security" in a person or company acting
solely through an agent w^ho is a person or company
registered for trading in securities under this Act; or

1947, c. 98, (2) Clause a of subsection 2 of the said section 19 is amended
s.^19, subs. 2.|jy striking out the words "except for ministerial or profes-
sional services" in the twelfth and thirteenth lines, by inserting
after the word "given" in the thirteenth line the words "to
others", and by adding at the end thereof the words "except

amended.

139

for ministerial or professional services or services perforniefi
by a person or company registered for trading in securities
under this Act in connection with a bona fide re-organization
of the company", so that the said clause shall now read as
follows :

{a) securities of its own issue which are distributed or stock

issued by a company to the holders of its securities distritmtfon
as a stock dividend or other distribution out of etc^'"""'"^^'
earnings or surplus, or securities whether of its own
issue or not which are distributed or issued by such
company to the holders of its securities as incidental
to a bona fide re-organization or winding-up of the
company or distribution of its assets for the .purpose
of winding-up its affairs, or the sale by a company
to the holders of its securities of additional securities
of its own issue, provided that no commission or
other remuneration is paid or given to others in
respect of such distribution, issuance or sale, except
for ministerial or professional services or services
performed by a person or company registered for
trading in securities under this Act in connection with
a bona fide re-organization of the compan>-.

5. — (1) The heading immediately preceding section 42 ofi947. c. 98,
The Securities Act, 1947, is repealed and the following sub- heading.

StitUted therefor: ' re-enacted.

PROSPECTING SYNDICATES AND SECURITIES
ISSUED BY A PERSON.

(2) Section 42 of The Securities Act, 1947, is amended by 1947, c. 98.
adding thereto the following subsections: amended.

(5) No person or company registered for trading in Prohibition
securities under this Act shall trade in a security in securities
issued by a prospecting syndicate either as agent forg'jfndfcjfte.
such prospecting syndicate or as principal.

(6) No person or company registered for trading inj,^curit^i°
securities under this Act shall trade in a security issued by
issued by a person, other than a prospecting syndi-
cate, either as agent for such person or as principal
unless, —

(a) written permission, upon such terms as the
Commission may require, has been obtained
from the Commission; and

{b) information satisfactory to the Commission
relating to such person and such security has
been accepted for filing by the Commission.

139.

person.

B?tl' °' ^^' ^- Section 43 of The Securities Act, 1947, is amended by
amended. adding thereto the following subsections:

New

prospectus,
report and
statements
required
within a
period of
one year
of date of
original
filing with
Commission.

(11) Where the securities of a company ace in the
course of primary distribution to the public and a
statement, balance sheet and profit and loss state-
ment and summary of report, where required under
the provisions of The Securities Act, 1945, relating
to such securities and such company have been filed
with the Commission within a period of one year
prior to the 9th day of March, 1948, the material
required to be filed with the Commission under the
provisions of subsection 10 shall be filed with the
Commission within a period of one year of the date
of the original filing with the Commission subject to
the granting of a further period of not more than
ninety days in the discretion of the registrar.

New

prospectus,
report and
statements
required
within a
period of one
hundred
and twenty
days of proc-
lamation
of the Act.

1947,0.98. y Section 44 of The Securities Act, 1947, is amended by
amended. adding thereto the following subsections:

New

prospectus,
report and
statements
required
within a
period of
one year
of date of
original
filing with
Commission.

New

prospectus,
report and
statements
required
within a
period of
one hundred
and twenty
days of proc-
lamation
of the Act.

139

8. — (1) Clause e of subsection 5 of section 45 of r/?ei947, c. 98,
Securities Act, 1947, is amended by inserting after the word ci. «,' ' '
"company" in the first line the words "other than an issuer^'"®"'*®**'
within the meaning of The Investment Contracts Act, 1948" ,
so that the said clause shall now read as follows:

(e) in the case of an investment company, other than an
issuer within the meaning of The Investment Con-
tracts Act, 1948, which issues investment certificates,
investment contracts, savings certificates, savings
contracts or securities of a similar type, a report by
the auditors of such company with respect to the
adequacy of the recorded liabilities of such com-
pany to the holders of such securities.

(2) The said section 45 is further amended by adding thereto i947, c. 98,

the following subsections: amended.

(10) Where the securities of a company are in the course New

of primary distribution to the public and a statement, Report and'
balance sheet and profit and loss statement and requlred'^*^
summary of report, where required under the pro- '^^^^^ of
visions of The Securities Act, 1945, relating to such one year
securities and such company have been hied with the original
Commission within a period of one year prior to the commission.
9th day of March, 1948, the material required to be
filed with the Commission under the provisions of
subsection 9 shall be filed with the Commission
within a period of one year of the date of the original
filing with the Commission subject to the granting
of a further period of not more than ninety days in
the discretion of the registrar.

(11) Where the securities of a company are in the course New

of primary distribution to the public and no com- report and '
plete statement of particulars relating to such reqlfired"*^
securities and such company has been filed with the perk)'d of
Commission within a period of one year prior to the ^^^ hundred
the 9th day of March, 1948, the material required to days of proc-

, ^ , . , , ^-, . . 1 1 • • e lamation

be filed with the Commission under the provisions oi of the Act.
subsection 9 shall be filed with the Commission within
a period of one hundred and twenty days from the
9th day of March, 1948.

139

1047. c. 98,
B. 46,
amended.

Exemptions.

9. — (1) Section 46 of The Securities Act, 1947, is amended
by striking out the words "the sale of any securities" in the
first and second Hnes and inserting in lieu thereof the words,
letters and figures "trades mentioned in clause c or ^ of sub-
section 1 of section 19 nor to securities", so that the said
section, exclusive of the clauses, shall now read as follows:

46. Sections 43, 44 and 45 shall not apply to trades
mentioned in clause c or^ of subsection 1 of section 19
nor to securities, —

1947, c. 98,
s. 46,
amended.

(2) The said section 46 is further amended by striking out
the word "or" at the end of clause c, by adding the word "or"
at the end of clause d, and by adding thereto the following
clause:

(e) which are exempted by the regulations.
1947, c. 98, 10. Subsection 1 of section 58 of The Securities Act, 1947,

8. 58, subs. 1, . , , , . • c 1 li • >» • 1 J

amended. is amended by insertmg aftet the word security in the second
line the words "other than a security which carries a right of
redemption or repurchase by the person or company issuing
such security", and by inserting after the word "any" in the
sixth line the word "such", so.that the said subsection shall
now read as follows:

Prohibition
of repre-
sentations.

1947, c. 98,
s. 59,
re-enacted.

(a-) will resell or repurchase; or

(b) will refund all or any of the purchase price of,

any such security in which he or it is trading.

11. Section 59 of The Securities Act, 1947, is repealed
and the following substituted therefor:

Notice where
acting as
principal.

139

(2) Where a person or company registered for trading in written con-

securities under this Act, with the intention of^^^'^^iion.
effecting a trade in a security with any person other
than a person registered for trading in securities
under this Act, makes an oral offer or invitation for
an offer to any person and effects such trade as a
principal, such person or company shall state in a
written confirmation of the contract that he or it
has acted as principal.

(3) A statement made in compliance with this section where acting
• that a person or company registered for trading in ^^ *sent.

securities under this Act proposes to act or has
acted as principal in connection with a trade in a
security shall not prevent such person or company
from acting as agent in connection with a trade in
such security.

(4) This section shall not apply to, — when sec-

tion not
applicable.

(a) trades mentioned in subsection 1 of section 19;
or

(b) securities described in subsection 2 of sec-

tion 19.

12. Section 60 of The Securities Act, 1947, is repealed and 1947, c. 98,
the following substituted therefor: re-enacted.

60. — (1) A person who has entered into a contract to Rescission
which subsection 1 of section 59 applies shall be °^ *'°"*''^°*-
entitled to rescission of the contract where sub-
section 1 of section 59 has not been complied with
and written notice of exercising the right of rescis-
sion is served on the person or company registered
for trading in securities under this Act within sixty
days of the date of the delivery of the security to
or by such person, as the case may be, and in the
case of a purchase by such person, he is still the
owner of the security purchased.

(2) A person who has entered into a contract to which idem,
subsection 2 of section 59 applies shall be entitled

139

to rescission of the contract where subsection 2 of
section 59 has not been complied with and written
notice of exercising the right of rescission is served on
the person or company registered for trading in
securities under this Act within seven days of the
date of the delivery of the written confirmation
of the contract and in the case of a purchase by such
person, he is still the owner of the security purchased.

Onus.

(3) In an action for rescission to which this section applies,
the onus of proving compliance with section 59 shall
be upon the person or company registered for trading
in securities under this Act.

Period of
limitation.

(4) No action shall be commenced under this section
after the expiration of a period of three months from
the date of the service of notice under subsection 1
or 2.

1947, C. 98,
8. 63,
amended.

13. Section 63 of The Securities Act, 1947, is amended by
inserting after the word "of" in the fifth Hne the words "or is
authorized so to do in writing by", so that the said section
shall now read as follows:

Use of name
of another
registered
person or
company.

1947. c. 98, 14 Section 75 of The Securities Act, 1947, is amended by
amended. adding thereto the following clause:

{mm) prescribing trades or securities, in addition to the
trades and securities mentioned in section 46, in
respect of which sections 43, 44 and 45 shall not
apply.

Special type
of bond.

15. — (1) With the consent in writing and under seal of.
all parties to a bond filed under section 12 of The Securities
Act, 1945, the Commission may accept such bond in lieu of
the bond required under section 10 of The Securities Act, 1947,
and the provisions of The Securities Act, 1947, shall apply
mutatis mutandis to such bond.

Saving.

(2) Subsection 1 shall not aflfect any rights and obligations
arising out of the filing of the bond under The Securities Act,
1945.

139

16. This Act shall come into force on the day upon which Commence-
it receives the Royal Assent. '"^"* °^ ^°^'

17. This Act may be cited as The Securities ^wen^fwew/^^o'"* ""«•
Act, 1948.

139

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No.'UO

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The County Judges Act.

Mr. Blackwell

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

ICXI'LAN ATORY NoTE

III the county court of the County of York there is a judge who is
commonly known as the senior judge but referred to in the statute simply
as the "judt^e" and ei^ht other judges referred to in the statute as "junior
judges". The subsection which is enacted by this Bill vests in the senior
judge of the count\' court of the Countx' of York the same authority with
respect to the various courts conducted by the judges of the county court
of the County of York as is vested in the Chief Justice of the High Court
with respect to the courts presided over by the justices of the High Court
Division of the Supreme ('oiirt.

140

No. 140 1948

BILL

An Act to amend The County Judges Act.

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

1. Section 5 of The County Judges Act is amended byRev. stat.,
adding thereto the following subsection: amemied.^'

(2) In the countv court of the Countv of York all suchArrange-

, ' f I ment of

arrangements as may be necessary or proper tor the courts,
holding of any of the courts, or the transaction of
business, or the arrangement from time to time for
judges to hold such courts, or to transact such
business, shall be made by the judge and junior
judges of the county court of the Count\' of York
with power in the judge of the county court of the
County of York to make such readjustment or
reassignment as may be necessary from time to time.

2. This Act may be cited as The County Judges Amendment short title.
Act, 1948.

140

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No. 140

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The County Judges Act.

Mr. Blackwell

TORONTO

Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty

No. 140 1948

BILL

An Act to amend The County Judges Act.

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

1. Section 5 of The County Judges Act is amended byRev. stat..
adding thereto the following subsection: amended. '

(2) In the county court of the County of York all suchArrange-

^ ' . , , ment of

arrangements as may be necessary or proper tor the courts,
holding of any of the courts, or the transaction of
business, or the arrangement from time to time for
judges to hold such courts, or to transact such
business, shall be made by the judge and junior
judges of the county court of the County of York
with power in the judge of the county court of the
County of York to make such readjustment or
reassignment as may be necessary from time to time.

2. This Act may be cited as The County Judges Amendment s^ort title.
Act, 1948.

140

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No. 141

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Negligence Act.

Mr. Blackwell

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes

Section 1. The new section 2a permits one of two joint tort feasors
to settle with an injured person and then recover contribution and in-
demnity against the other joint tort feasor.

Section 2, Section 5 is, in effect, re-enacted and now appears as
sections 5 and 5a. The purpose of the extended form is for clarification
only. The change in the efTect of the section which is occasioned by the
amendment is to provide for the adding of a defendant by praecipe (see
subsection 1 of the new section 5). There is provision in the rules of practice
lor adding a third party by praecipe. Subsection 2 of the new section 5 and
section 5a provide for adding a defendant and third party respectively by
order of the court after the time for adding by praecipe has expired. The
purpose of subsection 3 of the new section 5 is to make it clear that it is
sufficient if the original defendant makes a claim against an added defendant
and that it is not essential that the plaintiff must have a claim against an
added defendant.

141

No. 141 1948

BILL

An Act to amend The Negligence Act.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembh' of the Province of Ontario,
enacts as follows:

1. The Negligence Act is amended by adding thereto the^Yjv/^t'**-

following section: amended.

2a. A tort feasor may recover contribution or indenmit}- Recovery
from any other tort feasor who is, or would if sued tort feasors.
have been, liable in respect of the damage to any
person suffering damage as a result of a tort by
settling with the person suffering such damage, ard
thereafter commencing or continuing action against
such other tort feasor, in which event the tort
feasor settling the damage shall satisfy the court that
the amount of the settlem.ent was reasonable, and
in the event that the court finds the amount of the
settlement was excessive it may fix the amount at
which the claim should have been settled.

2. Section 5 of The Negligence Act, as amended b\- section Rev. stat., .
23 of The Statute Law Amendment Act, 1939, is repealed and re-enacted.'
the following substituted therefor:

5. — (1) Where a defendant claims to be entitled to con-^^^f^j^'Jj^j^^.
tribution or indemnity from any person not a party by praecipe;
to the action he may, within ten days of the entry of
his appearance, add such person as a defendant
upon praecipe and within ten days thereafter or
within such longer period as may be ordered shall
serve the amended w^it upon the added defendant
who shall appear thereto as though he were originally
a party to the action.

(2) Where it appears that any person not already a ^y order,
party to an action is or may be wholly or partly
responsible for the damages claimed, and the time for
adding him as a defendant under subsection 1 has

141

Claim
uKuinst
added
defendant.

Adding
third party
by order.

elapsed, such jjerson may be added as a defendant
upon such terms as may be deemed just.

(3) Where a person is added as a defendant under this
section he shall continue in the action as a defendant
notwithstanding that the plaintiff makes no claim
against him.

5a. Where it appears that any person not already a
party to an action is or may be wholly or partly
responsible for the damages claimed and the time
has elapsed for adding him as a third party under the
rules of court, such person may be added as a third
party to the action upon such terms as may be
deemed just.

Rev. Stat,
c. 116.
amended.

3. The Negligence Act is amended by adding thereto the
following section:

Limitation g. Where an action is commenced against a tort feasor or

of actions. i • i . i

where a tort feasor settles with a person who has
suffered damage as a result of a tort, within the period
of limitation prescribed for the commencement of
actions by any relevant statute, no proceedings for
contribution or indemnity against another tort
feasor shall be defeated by the operation of any
statute limiting the time for the commencement of
action against such other tort feasor provided, —

(«) such proceedings are commenced within one
year of the date of the judgment in the
action or the settlement, as the case may
be; and

(6) there has been compliance with any statute
requiring notice of claim against such tort
feasor.

ment"o^f's°^2 ^- Section 2 shall come into force on a day to be named by
the Lieutenant-Governor by his Proclamation.

Short title. 5. This Act may be cited as Tlie Negligence Amendment
Act, 1948,

141

Section 3. An example of the situation sought to be taken care of
by this amendment would be as follows:

Under section 480 of The Municipal Act an action against a munici-
pality for the non-repair of a highway must be brought within three months
after the time when the damages were sustained. If the driver of a car
brings action within the three-month period for damages sustained on a
highway against the driver of a second car but does not serve the writ
until after the expiration of the three-month period, the driver of the
second car would be precluded from proceeding against the municipal
corporation because of the lapse of the three-month period. Under the
amendment, the driver of the second car would not be so precluded provided
he had anticipated the bringing of the action and had served the munici-
pality with the notice in writing of his intention to make a claim as required
by the statute.

The same principle applies where the driver of the second car settles
with the driver of the first car and then seeks contribution or indemnity
from the municipal corporation.

The proceedings against the municipality must be commenced within
a year of the judgment or settlement as the case may be.

The new section is, of course, not limited to motor vehicle accidents or
municipal corporations but the example serves to illustrate the nature and
principle of the amendment.

141

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No. 141

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Negligence Act.

Mr. Blackwell

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 141 1948

BILL

An Act to amend The Negligence Act.

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

1. The Negligence Act is amended b>- adding thereto the^Yi'^'^*"

following section: amended.

2a. A tort feasor ma\' recover contribution or indemnity Recovery
from any other tort feasor who is, or would if sued tort feasors.
have been, liable in respect of the damage to any
person suffering damage as a result of a tort by
settling with the person suffering such damage, and
thereafter commencing or continuing action against
such other tort feasor, in which event the tort
feasor settling the damage shall satisfy the court that
the amount of the settlement was reasonable, and
in the event that the court finds the amount of the
settlement was excessive it may fix the amount at
which the claim should have been settled.

2. Section 5 of The Negligence Act, as amended by section Rev. ^stat^

5 of The Statute Law Amendmeni
the following substituted therefor:

c 115 s 5

23 of The Statute Law Amendment Act, 1939, is repealed and re-enacted.'

5. — (1) Where a defendant claims to be entitled to con- Ad^^jn^^^^
tribution or indemnity from any person not a party by praecipe;
to the action he may, within ten days of the entry of
his appearance, add such person as a defendant
upon praecipe and within ten days thereafter or
within such longer period as ma>' be ordered shall
serve the amended writ upon the added defendant
who shall appear thereto as though he were originally
a party to the action.

(2) Where it appears that any person not already a '^J' o'"^^'"-
party to an action is or may be wholly or partly
responsible for the damages claimed, and the time for
adding him as a defendant under subsection 1 has

141

elapsed, such person may be added as a defendant
upon such terms as may be deemed just.

Claim (3) Where a person is added as a defendant under this

added section he shall continue in the action as a defendant

® *" *" ' notwithstanding that the plaintiff makes no claim

against him.

th1rd"\rt ^^- ^^^^^^e it appears that any penson not already a

by order. party to an action is or may be wholly or partly

responsible for the damages claimed and the time
has elapsed for adding him as a third party under the
rules of court, such person may be added as a third
party to the action upon such terms as may be
deemed just.

^*n5^*** ' ^" ^^^ Negligence Act is amended by adding thereto the
amended. following section:

Limitation g. Where an action is commenced against a tort feasor or

of actions. , , ' i • i i i

where a tort feasor settles with a person who has
suffered damage as a result of a tort, within the period
of limitation prescribed for the commencement of
actions by any relevant statute, no proceedings for
contribution or indemnity against another tort
feasor shall be defeated by the operation of an\-
statute limiting the time for the commencement of
action against such other tort feasor provided, —

(a) such proceedings are commenced within one
year of the date of the judgment in the
action or the settlement, as the case may
be; and

{h) there has been compliance with any statute
requiring notice of claim against such tort
feasor.

Commence- 4 Section 2 shall come into force on a day to be named by

ment of s. 2. , 1 • t-» 1 •

the Lieutenant-Governor by his Proclamation.

Short title. 5. This Act mav be cited as The Negligence Amendment
Act, 1948.

141

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No. 142

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act respecting Fair Employment Practices.

Mr. Salsberg

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 142 1948

BILL

An Act respecting Fair Employment Practices.

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

1. In this Act, — interpre-

tation,—

(a) "Board" means Ontario Labour Relations Board; "Board";

(b) "employer" includes any agent of an employer but "employer"

does not include any social, fraternal, charitable,
educational or religious organization that is not
operated for private profit; and

taking to procure employees or opportunities to agency",
work.

2. — (1) No employer shall, — Unfair em-

ployment
practices.

(a) refuse to employ any person;

(b) bar or discharge any person from employment; or

nection with his employment,

because of his race, colour, religious creed, national origin, or
ancestry.

(2) No employer shall, — ^ idem.

(a) print or circulate or cause to be printed or circulated
any statement, advertisement or publication;

(b) use any form of application for employment; or

employment,

142

Idem*

which expresses, directly or indirecth-, an>' limitation, speci-
fication or discrimination as to race, colour, religious creed,
national origin, or ancestry, or which indicates any intention
to make any such limitation, specification or discrimination.

(3) No employer shall bar or discharge any person from
employment or discriminate in any way against any person
in connection with his employment for having opposed or for
opposing employment practices prohibited by this Act or for
making any complaint, testifying or assisting in any pro-
ceeding under this Act.

Aiding,

abetting,

etc.

3. No person shall aid, abet, incite, coerce or compel the
doing of any act prohibited by this Act, or make any attempt
to do so.

Offences.

Power to
order rein-
statement.

Offence.

4. P2very person who contravenes any of the provisions of
this Act shall be guilty of an offence and shall on summary
conviction be liable to a penalty, for a first offence, of not less
than $25 and not more than $100, and for any subsequent
offence, of not less than $100 and not more than $500 or to
imprisonment for not more than one year or to both.

5. — (1) If in any proceeding under section 4 it is found
that any employee or prospective employee has been dis-
criminated against contrary to this Act, an order may be
made requiring the employer to place the employee or pros-
pective employee in the condition that he would have been
in had he not been so discriminated against.

(2) Failure to carry out any order under this section shall
be deemed to be a contravention of this Act.

Duty of
Board.

Sliort title.

6. It shall be the duty of the Board to make such in-
quiries, hold such investigations and do such other acts and
things as may be necessary to ensure that the provisions of
this Act are complied with.

7. This Act may be cited as The Fair Employment Practices
Act, 1948.

142

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No. 143

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act respecting Investment Contracts.

Mr. Blackwell

TORONTO

Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty

Explanatory Notes

Companies engaged in the business of issuing investment contracts
(see definition in section 1) presently come under the provisions of The
Securities Act, 1947. These companies, by the nature of their business,
are comparable with insurance companies rather than with the various
classes of companies which fall within the provisions of The Securities Act,
1947. The purpose of the Bill is accordingly to exclude such companies
from the operation of The Securities Act, 1947, and to bring them under
the jurisdiction of the Superintendent of Insurance.

143

No. 143 1948

BILL

An Act respecting Investment Contracts.

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

1 Tn this Act — Interpre-

X. Ill U11& r\ci, tation. —

(a) "investment contract" means a contract, agreement, "investment

•r . • • • . . contract";

certmcate, mstrument or writmg contammg an
undertaking by an issuer to pay the holder thereof,
or his assignee, or personal representative, or other
person, a stated or determinable maturity value in
cash or its equivalent on a fixed or determinable date
and containing optional settlement, cash surrender
or loan values prior to or after maturity, the con-
sideration for which consists of payments made or
to be made to the issuer in instalments or periodically,
or of a single sum, according to a plan fixed by the
contract, whether or not the holder is or may be
entitled to share in the profits or earnings of, or to
receive additional credits or sums from, the issuer,
but shall not include a contract within the meaning of
The Insurance Act; c. 256.

(b) "filed" means filed under this Act; "flied";

sells, makes or enters into investment contracts of

its own issue, but shall not include an insurer within

the meaning of The Insurance Act, or a corporation

within the meaning of The Loan and Trust Corpora- cc. 256, 257.

tions Act;

/ j\ II IT 1 J. >» "qualified

(a) qualified assets means, assets";

I (i) cash,

i (ii) first mortgages on improved real estate and

I first mortgages made under The Dominion

\ 143

1935. c. 58;
1938, c. 49;
1944-45,0.46
(Canada).

Rev. Stat.,
c. 251.

1932, c. 46
(Canada).

"pre-
scribed";

"registered'

"regula-
tions";

"salesman"

"Superin-
tendent".
Rev. Stat.,
c. 256.

Housing Act, 1935 (Canada), The National
Housing Act, 1938 (Canada), or The National
Housing Act, 1944 (Canada),

(iii) bonds, debentures, stocks and other securities
of the classes authorized under The Companies
Act for the investment of the funds of joint
stock insurance companies incorporated under
the law of Ontario or authorized under The
Canadian and British Insurance Companies
Act,. 1932 (Canada) for the investment of
the funds of companies registered thereunder,

(iv) real property acquired by foreclosure or in
satisfaction of a debt and held for a period of
less than seven years, and

(v) such other investments or securities as may
be designated by regulation under this Act;

(e) "prescribed" means'prescribed by the regulations;

(/) "registered" means registered under this Act;

(s) "regulations" mean regulations made under this Act;

(h) "salesman" means a person employed, appointed or
authorized by an issuer to sell investment contracts;
and

(i) "Superintendent" means Superintendent of Insurance
under The Insurance Act.

Filing
form of
contract.

2. — (1) No person shall issue for sale or offer for sale or
sell an investment contract unless a copy of the form thereof
has been filed with the Superintendent.

Forms not
to be filed.

(2) The Superintendent shall accept for filing a copy of the
form of any investment contract tendered for filing unless the
sale of investment contracts in such form would be inequitable
or tend to work a fraud upon purchasers thereof or be against
the public interest.

Who may

issue

contract.

Who may
sell con-
tract.

3. — (1) No person shall issue for sale an investment con-
tract unless such person is registered as an issuer.

(2) No person shall offer for sale or sell an investment
contract unless such person is, —

(a) registered as an issuer; or

143

(b) recorded by the Superintendent as an executive

officer of a registered issuer; or

4. No corporation shall be registered under this Act as an what cor-

issuer unless, — may*be"*

registered.

(a) there has been filed with the Superintendent,

(i) a certified copy of the Act, letters patent or
other instrument of incorporation of such
corporation,

(ii) a certified list of the names and addresses of
the executive officers of such corporation,

(iii) a certified cop}- of the balance sheet of such
corporation as at the close of its last com-
pleted fiscal year and its auditor's report
thereon, and

(iv) copies of all forms of investment contracts
proposed to be issued b>' such corporation for
sale in Ontario;

(b) at least $100,000 of its authorized capital stock has

been subscribed and paid in, in cash;

been made for the deposit with a trust company,
chartered bank or other suitable depositary or
depositaries within Canada of qualified assets aggre-
gating in amount, when valued.as provided in section
17, not less at any time than the amount for which
such corporation, under the terms of its investment
contracts, is liable as of such time to pay in cash to
the holders of all its investment contracts then
outstanding, or aggregating . such lesser amount as
the Superintendent may deem appropriate in the
circumstances; provided that, in the case of a cor-
poration which maintains with a trust company,
chartered bank or other suitable depositary or
depositaries outside Ontario but within Canada a
deposit or deposits of qualified assets in such an
aggregate amount or other deposit satisfactory to the
Superintendent, no further deposit shall be required.

5. — (1) No person shall be registered as a salesman unless Registration
there has been filed with the Superintendent a written notice mint's*'
to the Superintendent from a registered issuer that such person

143

Suspension
of regis-
tration.

Application
for regis-
tration.

Address

for

service.

has been employed, appointed or authorized to sell invest-
ment contracts issued by such issuer.

(2) Termination of the employment, appointment or author-
ization of a person employed, appointed or authorized to sell
investment contracts issued by an issuer which has filed with
the Superintendent a written notice pursuant to subsection 1
shall operate as a suspension of the registration of such
person as a salesman.

6. Every application for registration shall be made to the
Superintendent in writing upon the prescribed form and shall
be accompanied by the prescribed fee.

7. Every applicant for registration shall state in the appli-
cation an address for service in Ontario and all notices under
this Act or the regulations shall be sufficiently served for all
purposes if delivered or sent by prepaid mail to the latest
address for service so stated.

Renewal of
registration.

Granting of
registration
or renewal
to. —

issuer;

salesman.

Suspension
or cancel-
lation of
registration.

Idem.

Further
application
for regis-
tration.

8. Every registration and renewal of registration shall lapse
on the 31st day of March but any registered issuer or salesman
desiring renewal of registration shall on or before the 21st
day of March make application for renewal of registration
upon the prescribed form with the prescribed fee.

9. The Superintendent shall grant registration or renewal
of registration, — |

(a) to an issuer applying therefor where the applicant
is suitable for registration and the sale of investment
contracts issued by such issuer would not be in-
equitable or tend to work a fraud upon purchasers
thereof or be against the public interest ; and

(b) to a salesman applying therefor where the applicant

is suitable for registration and the proposed registra-
tion is not objectionable.

10. — (1) The Superintendent may suspend or cancel any
registration upon any grounds which would justify refusal to
grant registration or renewal of registration.

(2) The Superintendent may suspend or cancel the regis-
tration of an issuer where it appears to him from the state-
ments and reports filed with him or from an inspection or
valuation that the assets of the issuer are insufficient to provide
for the payment of its investment contracts at maturity.

11. Notwithstanding any order of the Superintendent, a
further application may be made upon new or other material
or where it is clear that material circumstances have changed.

143

12. — (1) An applicant for registration or renewal of regis- Appeal.
tration or any person who deems himself aggrieved by a
decision of the Superintendent, may appeal therefrom to the
Court of Appeal.

(2) The appeal shall be set down for argument at the first When to be
sitting of the Court of Appeal which commences after the
expiration of thirty days from the decision complained of.

(3) The practice and procedure upon and in relation to the Procedure,
appeal shall be the same as upon an appeal from a judgment

of a judge of the Supreme Court, in an action.

(4) The Superintendent shall certify to the registrar of the Certificate.
Court of Appeal the decision appealed from, his reasons
therefor, and the documents, inspection reports and evidence,

if any, and such other information as he had before him in
making the said decision.

13. — (1) Not later than thirty days after the expiration Fnmg^^^^
of each quarterly period ending March 31st, June 30th,
September 30th and December 31st, every registered issuer
shall file with the Superintendent a statement, certified to by
its auditor, showing, —

(a) the amount for which such issuer is liable, as at the
last day of the quarterly period last ended, to pay in
cash to the holders of all its investment contracts
outstanding on such date; and

(b) all qualified assets on deposit on the last day of the

quarterly period last ended with the trust company,
chartered bank or other depositary or depositaries
wnthin Canada approved by the Superintendent and
the value, when valued as provided in section 17,
of such qualified assets as at such date; and

require.

(2) Not later than ninety days after the expiration of J'^Va°#ce
its fiscal year, every registered issuer shall file with the^i^eet.
Superintendent a balance sheet and profit and loss statement

for such completed fiscal year, certified by two of its directors
and reported on by its auditor, and such other financial
statements as the Superintendent may require.

(3) The auditor of an issuer registered under this Act Auditor,
shall be a person or firm acceptable to the Superintendent.

14. — (1) The Superintendent may at any time make or inspection.
143

■ 6

Access on
inspection.

Advertising
and forms.

cause to be made an inspection of the books, documents and
records of any issuer and of any salesman.

(2) Upon any such inspection, the Superintendent or his
duly authorized representative shall be entitled to free access
to all books of account, cash, securities, documents, bank
accounts, vouchers, correspondence and records of every
description of the issuer or salesman and no person shall with-
hold or destroy, conceal or refuse to furnish any information
or thing reasonably required by the Superintendent for the
purposes of the inspection.

15. The Superintendent may at any time require any
issuer or salesman to submit for review any circulars, pamph-
lets, brochures, specimen contracts, application forms or other
documents used by such issuer or salesman in connection with
the sale of investment contracts.

changes°by ^^' — ^^^ Every registered issuer shall notify the Superin-
issuer; tendent in writing of, —

(a) any change of its address for service ;

(b) any change in its executive officers ; and

ment, appointment or authorisation of each of its
salesmen.

by salesman. (2) Every salesman registered under this Act shall notify
the Superintendent in writing of, —

(a) any change in his address of service; and

(b) every commencement and termination of his em-

ployment, appointment or authorization by a
registered issuer.

Valuation
of assets.

17. In any statement or balance sheet to be filed with the
Superintendent under this Act, an issuer may value qualified
assets as follows:

(a) cash — in the amount thereof in lawful money of
Canada ;

(b) first mortgages — in the amount of the balance of the

principal sum secured thereby together with all
unpaid interest accrued thereon;

as to principal or interest —

143

(i) if purchased at par, at the par value,

(ii) if purchased above or below par, on the basis
of the purchase price adjusted so as to bring
the value to par at maturity and so as to
yield meantime the effective rate of interest
at which the purchase was made,

provided that the purchase price shall in no case
be taken at a higher figure than the actual market
value at the time of purchase; and

(d) other securities — at the market value at the date of
the statement,

or otherwise as the Superintendent may appoint; provided
that, where any qualified assets consist of securities whose
market values are unduly depressed and in respect of which
companies registered under The Canadian and British In- (clnadatf
surance Companies Act, 1932 (Canada) have been authorized
to use values in excess of said market values, such qualified
assets may, with the approval of the Superintendent, be
valued as authorized under that Act.

18. The Superintendent may extend the time for the filing Ex^tension
of any statement, balance sheet or other document, or the prescribed,
making of any application for renewal of registration under

this Act.

19. Nothing in this Act shall prevent the sale of an invest- Exempted
ment contract by or on behalf of the holder thereof where such

sale is not made in the course of continued and successive
transactions of like character or by a person whose usual
business is the issuance or sale of investment contracts.

20.— (1) Any person who violates the provisions of sub- Penalties,
section 1 of section 2 or subsection 1 of section 3 or subsection 2
of section 3 in respect of clause a or b thereof shall be guilty
of an offence and liable to a penalty of not more than $5,000.

(2) Any person who violates the provisions of subsection 2 ^^®™'
of section 3 in respect of clause c shall be guilty of an offence
and liable to a penalty of not more than $1,000.

(3) Any person who violates any Other provision of this idem.
Act shall be guilty of an offence and liable to a penalty of

not more than §500.

21. No proceedings to recover the penalties provided in'^^l^uU.^
section 20 shall be instituted except, —

143

(a) with the written consent of the Attorney General;
and

(b) within two years after the offence is committed.

Idem. 22. The penalties provided by section 20 shall be recover-

^^36^***" ^ble under The Summary Convictions Act.

tions^** 23. The Lieutenant-Governor in Council may make regu-

lations,—

(a) prescribing the fees payable upon applications for
registration and renewal of registration ;

(6) prescribing the forms for use under this Act ;

assets within the meaning of this Act; and

(d) generally for the better carrying out of the provisions

of this Act and the more efficient administration
thereof.

1947,0.98 24. Notwithstanding anything in The Securities Act, 1947,
not to apply. , , a j o

con tamed, —

(a) an investment contract shall be deemed not to be a
security; and

(&) an issuer' shall be deemed not to be an investment
company,

within the meaning of the said Act.

Commence- 25. This Act shall come into force on a day to be named
ment oi Act i i • t-» i

by the Lieutenant-Governor by his Proclamation.

Short title. 26. This Act may be cited as The Investment Contracts
Act, 1948.

143

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No. 143

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act respecting Investment Contracts.

Mr. Blackwell

(Reprinted as amended in Committee of the Whole House.)

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes

Companies engaged in the business of issuing investment contracts
(see definition in section 1) presently come under the provisions of The
Securities Ad, 1947. These companies, by the nature of their business,
are comparable with insurance companies rather than with the various
classes of companies which fall within the provisions of The Securities Act,
1947. The purpose of the Bill is accordingly to exclude such companies
from the operation of The Securities Act, 1947, and to bring them under
the jurisdiction of the Superintendent of Insurance.

143

No. 143 1948

BILL

An Act respecting Investment Contracts.

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

1. In this Act,- . {nterpr«-

(a) "investment contract" means a contract, agreement, "Jn'^'estment
certificate, instrument or writing containing an
undertaking by an issuer to pay the holder thereof,

or his assignee, or personal representative, or other
person, a stated or determinable maturity value in
cash or its equivalent on a fixed or determinable date
and containing optional settlement, cash surrender
or loan values prior to or after maturity, the con-
sideration for which consists of payments made or
to be made to the issuer in instalments or periodically,
or of a single sum, according to a plan fixed by the
contract, whether or not the holder is or may be
entitled to share in the profits or earnings of, or to
receive additional credits or sums from, the issuer,
but shall not include a contract within the meaning of
The Insurance Act; c. 25*6.

(b) "filed" means filed under this Act; "flied";

sells, makes or enters into investment contracts of

its own issue, but shall not include an insurer within

the meaning of The Insurance Act, or a corporation

within the meaning of The Loan and Trust Corpora- cc. 256, 257.

tions Act;

/ T\ II 1-r 1 ^ M "qualified

(d) qualified assets means, assets";

(i) cash.

(ii) first mortgages on improved real estate and
first mortgages made under The Dominion

143

1936, c. 68;
1938. c. 49;
1944-45,0.46
(Canada).

Rev. Stat.,
c. 251.

1932, c. 46
(Canada).

"pre-
scribed";

"registered'

"regula-
tions";

'salesman'

Housing Act, 1935 (Canada), The National
Housing Act, 1938 (Canada), or The National
Housing Act, 1944 (Canada),

(iii) bonds, debentures, stocks and other securities
of the classes authorized under The Companies
Act for the investment of the funds of joint
stock insurance companies incorporated under
the law of Ontario or authorized under The
Canadian and British Insurance Companies
Act, 1932 (Canada) for the investment of
the funds of companies registered thereunder,

(iv) real property acquired by foreclosure or in
satisfaction of a debt and held for a period of
less than seven years, and

(v) such other investments or securities as may
be designated by regulation under this Act;

(e) "prescribed" means prescribed by the regulations;

(/) "registered" means registered under this Act;

(g) "regulations" mean regulations made under this Act;

(h) "salesman" means a person employed, appointed or
authorized by an issuer to sell investment contracts;
and

"Superin-
tendent".
Rev. Stat.,
c. 256.

(i) "Superintendent" means Sujserintendent of Insurance
under The Insurance Act. -

Filing
form of
contract.

2. — (1) No person shall issue for sale or offer for sale or
sell an investment contract unless a cop>' of the form thereof
has been filed with the Superintendent.

Forms not
to be filed.

Who may

issue

contract.

Who may
sell con-
tract.

3. — (1) No person shall issue for sale an investment con-
tract unless such f)erson is registered as an issuer.

(2) No person shall offer for sale or sell an investment
contract unless such person is, —

(a) registered as an issuer; or

143

(b) recorded by the Superintendent as an executive

officer of a registered issuer; or

4. No corporation shall be registered under this Act as an What cor-

issuer unless, — porations

' may be

registered.

(a) there has been filed with the Superintendent,

(i) a certified copy of the Act, letters patent or
other instrument of incorporation of such
corporation,

(ii) a certified list of the names and addresses of
the executive officers of such corporation,

(iii) a certified copy of the balance sheet of such
corporation as at the close of its last com-
pleted fiscal year and its auditor's report
thereon, and

(iv) copies of all forms of investment contracts
proposed to be issued by such corporation for
sale in Ontario;

(b) at least $100,000 of its authorized capital stock has

been subscribed and paid in, in cash;

been made for the deposit with a trust company,
chartered bank or other suitable depositary or
depositaries within Canada of qualified assets aggre-
gating in amount, when valued as provided in section
17, not less at any time than the amount for which
such corporation, under the terms of its investment
contracts, is liable as of such time to pay in cash to
the holders of all its investment contracts then
outstanding, or aggregating such lesser amount as
the Superintendent may deem appropriate in the
circumstances; provided that, in the case of a cor-
poration which maintains with a trust company,
chartered bank or other suitable depositary or
depositaries outside Ontario but within Canada a
deposit or deposits of qualified assets in such an
aggregate amount or other deposit satisfactory to the
Superintendent, no further deposit shall be required.

5. — (1) No person shall be registered as a salesman unless Registration
there has been filed with the Superintendent a written notice J^^nts^'
to the Superintendent from a registered issuer that such person

143

Suspension
of regis-
tration.

has been employed, appointed or authorized to sell invest-
ment contracts issued by such issuer.

Application
for regis-
tration.

Address

for

service.

6. Every application for registration shall be made to the
Superintendent in writing upon the prescribed form and'shall
be accompanied by the prescribed fee.

7. Every applicant for registration shall state in the appli-
cation an address for service in Ontario and all notices under
this Act or the regulations shall be sufificiently served for all
purposes if delivered or sent by prepaid mail to the latest
address for service so stated.

Renewal of
registration.

Granting of
registration
or renewal
to.—

issuer;

salesman.

9. The Superintendent shall grant registration or renewal
of registration, —

{a) to an issuer applying therefor where the applicant
is suitable for registration and the sale of investment
contracts issued by such issuer would not be in-
equitable or tend to work a fraud upon purchasers
thereof or be against the public interest; and

(6) to a salesman applying therefor where the applicant
is suitable for registration and the proposed registra-
tion is not objectionable.

Suspension
or cancel-
lation of
registration.

10. — (1) The Superintendent may suspend or cancel any
registration upon any grounds which would justify refusal to
grant registration or renewal of registration.

Idem.

Further
application
for regis-
tration.

11. Notwithstanding any order of the Superintendent, a
further application may be made upon new or other material
or where it is clear that material circumstances have changed.

143

12. — (1) An applicant for registration or renewal of regis- -^PP^al.
tration or any person who deems himself aggrieved by a
decision of the Superintendent, may appeal therefrom to the
Court of Appeal.

(2) The appeal shall be set down for argument at the first when to be
sitting of the Court of Appeal which commences after the ^** **°'''''
expiration of thirty days from the decision complained of.

(3) The practice and procedure upon and in relation to the ^'■°*'®'^"'"®*
appeal shall be the same as upon an appeal from a judgment

of a judge of the Supreme Court, in an action.

(4) The Superintendent shall certify to the registrar of the Certificate.
Court of Appeal the decision appealed from, his reasons
therefor, and the documents, inspection reports and evidence,

if any, and such other information as he had before him in
making the said decision.

13. — (1) -Not later than thirty days after the expiration ^^^'^.^^^^^
of each quarterly period ending March 31st, June 30th,
September 30th and December 31st, every registered issuer
shall file with the Superintendent a statement, certified to by
its auditor, showing, —

(a) the total liability of the issuer on the last day of the
quarterly period last ended on all outstanding invest-
ment contracts;

(b) all qualified assets on deposit on the last day of the
quarterly period last ended with the trust company,
chartered bank or other depositary or depositaries
within Canada approved by the Superintendent and
the value, when valued as provided in section 17,
of such qualified assets as at such date; and

(2) Not later than ninety days after the expiration of F»ing^^
its fiscal year, every registered issuer shall file with the sheet.
Superintendent a balance sheet and profit and loss statement

for such completed fiscal year, certified by two of its directors
and reported on by its auditor, and such other financial
statements as the Superintendent may require.

(3) The auditor of an issuer registered under this Act Auditor,
shall be a person or firm acceptable to the Superintendent.

14. — (1) The Superintendent may at any time make or inspection.
143

Access on
inspection.

Advertising
and forms.

cause to be made an inspection of the books, documents and
records of any issuer and of any salesman.

changes°by ^^' — ^-^^ Every registered issuer shall notify the Superin-
issuer; tendent in writing of, —

(a) any change of its address for service ;

(b) any change in its executive officers; and

ment, appointment or authorization of each of its
salesmen.

by salesman. (2) Every salesman registered under this Act shall notify
the Superintendent in writing of, —

(a) any change in his address of service; and

(b) every commencement and termination of his em-

ployment, appointment or authorization by a
registered issuer.

Valuation
of assets.

17. In any statement or balance sheet to be filed with the
Superintendent under this Act, an issuer may value qualified
assets as follows:

(a) cash — in the amount thereof in lawful money of

Canada ;

(b) first mortgages — in the amount of the balance of the

principal sum secured thereby together with all
unpaid interest accrued thereon;

as to principal or interest —

143

(i) if purchased at par, at the par value,

provided that the purchase price shall in no case
be taken at a higher figure than the actual market
value at the time of purchase; and

{d) other securities — at the market value at the date of
the statement,

or otherwise as the Superintendent may appoint; provided
that, where any qualified assets consist of securities whose
market values are unduly depressed and in respect of which
companies registered under The Canadian and British In-^^^^^^A^
surance Companies Act, 1932 (Canada) have been authorized
to use values in excess of said market values, such qualified
assets may, with the approval of the Superintendent, be
valued as authorized under that Act.

18. The Superintendent ma^' extend the time for the filing Extension
of any statement, balance sheet or other document, or the prescribed,
making of any application for renewal of registration under

this Act.

19. Nothing in this Act shall prevent the sale of an invest- E-]e"^P*e<i
ment contract by or on behalf of the holder thereof where such

sale is not made in the course of continued and successive
transactions of like character or by a person whose usual
business is the issuance or sale of investment contracts.

20. — (1) Any person who violates the provisions of sub- ^^^^^tJ^s.
section 1 of section 2 or subsection 1 of section 3 or subsection 2
of section 3 in respect of clause a or b thereof shall be guilty
of an offence and liable to a penalty of not more than $5,000.

(2) An}- person who violates the provisions of subsection 2 1<*«°^-
of section 3 in respect of clause c shall be guilty of an offence
and liable to a penalty of not more than $1,000.

(3) Any person who violates any other provision of this idem.
Act shall be guilty of an offence and liable to a penalty of

not more than $500.

21. No proceedings to recover the penalties provided in ^^^^^i^fe^ °^
section 20 shall be instituted except, —

143

(a) with the written consent of the Attorney General;
and

(b) within two years after the offence is committed.

Idem. 22. The penalties provided by section 20 shall be recover-

o^Yse^***" ^^^^ under The Summary Convictions Act.

tions'^ ^^" ^^^ Lieutenant-Governor in Council may make regu-

lations,—

(a) prescribing the fees payable upon applications for
registration and renewal of registration ;

(b) prescribing the forms for use under this Act;

assets within the meaning of this Act; and

(d) generally for the better carrying out of the provisions

of this Act and the more efficient administration
thereof.

1947.0.98 24. Notwithstanding anything in The Securities Act, 1947,

not to apply. . s> j t> > i

con tamed, —

(a) an investment contract shall be deemed not to be a
security; and

{b) an issuer shall be deemed not to be an investment
company,

within the meaning of the said Act.

Commence- 25. This Act shall come into force on a day to be named
ment of Act i i • t-> i •

by the Lieutenant-Governor by his Proclamation.

Short title. 26. This Act may be cited as The Investment Contracts
Act, 1948.

143

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No. 143

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act respecting Investment Contracts.

Mr. Blackwell

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 143 1943

BILL

An Act respecting Investment Contracts.

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

1. In this Act, — interpre-

tation,—

(a) "investment contract" means a contract, agreement, "investment
certificate, instrument or writing containing ^^°°^^^^'^^" '•
undertaking by an issuer to pay the holder thereof,

(b) "filed" means filed under this Act; "filed";

sells, makes or enters into investment contracts of
( its own issue, but shall not include an insurer within
the meaning of The Insurance Act, or a corporation
within the meaning of The Loan and Trust Corpora- co7256.\57.
tions Act;

(d) "qualified assets" means, a^ew^^"^

(i) cash,

(ii) first mortgages on improved real estate and
first mortgages made under The Dominion

143

1935. 0. 58;
1938. o. 49:
1944-45. c. 46
(Canada).

Rev. Stat.,
c. 251.

1932, c. 46
(Canada).

"pre-
acribed";

"registered'

"regula-
tions";

"salesman"

Housing Act, 1935 (Canada), The National
Housing Act, 1938 (Canada), or The National
Housing Act, 1944 (Canada),

(iii) bonds, debentures, stocks and other securities
of the classes authorized under The Companies
Act for the investment of the funds of joint
stock insurance companies incorporated under
the law of Ontario or authorized under The
Canadian and British Insurance Companies
Act, 1932 (Canada) for the investment of
the funds of companies registered thereunder,

(iv) real property acquired by foreclosure or in
satisfaction of a debt and held for a period of
less than seven years, and

(v) such other investments or securities as may
be designated by regulation under this Act;

(e) "prescribed" means prescribed by the regulations;

(/) "registered" means registered under this Act;

(g) "regulations" mean regulations made under this Act;

{h) "salesman" means a person employed, appointed or
authorized by an issuer to sell investment contracts;
and

"Superin-
tendent".
Rev. Stat.,
c. 256.

{i) "Superintendent" means Superintendent of Insurance
under The Insurance Act.

Filing
form of
contract.

2. — (1) No person shall issue for sale or offer for sale or
sell an investment contract unless a copy of the form thereof
has been filed with the Superintendent.

Forms not
to be flled.

Who may

issue

contract.

Who may
sell con-
tract.

3. — (1) No person shall issue for sale an investment con-
tract unless such person is registered as an issuer.

(2) No person shall offer for sale or sell an investment
contract unless such person is, —

(a) registered as an issuer; or
143

(b) recorded by the Superintendent as an executive

officer of a registered issuer; or

4. No corporation shall be registered under this Act as anWhatcor-
issuer unless, — m°a'y*b«"*

registered.

(a) there has been filed with the Superintendent,

(i) a certified copy of the Act, letters patent or
other instrument of incorporation of such
corporation,

(ii) a certified list of the names and addresses of
the executive officers of such corporation,

(iii) a certified copy of the balance sheet of such
corporation as at the close of its last com-
pleted fiscal year and its auditor's report
thereon, and

(iv) copies of all forms of investment contracts
proposed to be issued by such corporation for
sale in Ontario;

(b) at least 8100,000 of its authorized capital stock has

been subscribed and paid in, in cash;

been made for the deposit with a trust company,
chartered bank or other suitable depositary or
depositaries within Canada of qualified assets aggre-
gating in amount, when valued as provided in section
17, not less at any time than the amount for which
such corporation, under the terms of its investment
contracts, is liable as of such time to pay in cash to
the holders of all its investment contracts then
outstanding, or aggregating such lesser amount as
the Superintendent may deem appropriate in the
circumstances; provided that, in the case of a cor-
poration which maintains with a trust company,
chartered bank or other suitable depositary or
M depositaries outside Ontario but w^ithin Canada a
deposit or deposits of qualified assets in such an
aggregate amount or other deposit satisfactory to the
Superintendent, no further deposit shall be required.

5. — (1) No person shall be registered as a salesman unless Registration
there has been filed with the Superintendent a wTitten notice m^nST
to the Superintendent from a registered issuer that such person

143

Suspension
of regis-
tration.

has been employed, appointed or authorized to sell invest-
ment contracts issued by such issuer.

to^^lfS^"^ 6. Every application for registration shall be made to the
tration. Superintendent in writing upon the prescribed form and shall

be accompanied by the prescribed fee.

Address

for

service.

Renewal of
registration.

Granting of
registration
or renewal
to. —

issuer;

salesman.

9. The Superintendent shall grant registration or renewal
of registration, —

(b) to a salesman applying therefor where the applicant

is suitable for registration and the proposed registra-
tion is not objectionable.

or cancei°" ^^- — (^) ^^^ Superintendent may suspend or cancel any
re^stration i*6gistration upon any grounds which would justify refusal to
grant registration or renewal of registration.

Idem.

Further
application
for regis-
tration.

11. Notwithstanding an^^ order of the Superintendent, a
further application may be made upon new or other material
or where it is clear that material circumstances have- changed.

143

12. — (1) An applicant for registration or renewal of regis- -^pp**'-
tration or any person who deems himself aggrieved by a
decision of the Superintendent, may appeal therefrom to the
Court of Appeal.

(2) The appeal shall be set down for argument at the first "^^^^ *o ^^
sitting of the Court of Appeal which commences after the
expiration of thirty days from the decision complained of.

(3) The practice and procedure upon and in relation to the Procedure,
appeal shall be the same as upon an appeal from a judgment

of a judge of the Supreme Court, in an action.

(4) The Superintendent shall certify to the registrar of the *^®'""^°**®'
Court of Appeal the decision appealed from, his reasons
therefor, and the documents, inspection reports and evidence,

if any, and such other information as he had before him in
making the said decision.

13. — (1) Not later than thirty days after the expiration f^^'^^^gj^^
of each quarterly period ending March 31st, June 30th,
September 30th and December 31st, every registered issuer
shall file with the Superintendent a statement, certified to by
its auditor, showing, —

(a) the total liability of the issuer on the last day of the
quarterly period last ended on all outstanding invest-
ment contracts;

(b) all qualified assets on deposit on the last day of the

quarterly period last ended with the trust company,
chartered bank or other depositary or depositaries
within Canada approved by the Superintendent and
the value, when valued as provided in section 17,
of such qualified assets as at such date; and

require.

(2) Not later than ninety days after the expiration of Fnm^g^^
its fiscal year, every registered issuer shall file with the sheet.
Superintendent a balance sheet and profit and loss statement

for such completed fiscal year, certified by two of its directors
■and reported on by its auditor, and such other financial
statements as the Superintendent may require.

(3) The auditor of an issuer registered under this Act Auditor,
shall be a person or firm acceptable to the Superintendent.

14._(1) The Superintendent may at any time make or inspection.
143

Access on
inspection.

Advertising
and forms.

cause to be made an inspection of the books, documents and
records of any issuer and of any salesman.

16. — (1) Every registered issuer shall notify the Sup>erin-

Notice of

changes by .

Issuer; tendent m writing of.

(a) any change of its address for service;

(b) any change in its executive officers; and

ment, appointment or authorization of each of its
salesmen.

by salesman. (2) Every salesman registered under this Act shall notify
the Superintendent in writing of, —

(a) any change in his address of service; and

(&) every commencement and termination of his em-
ployment, appointment or authorization by a
registered issuer.

Valuation
of assets.

17. In any statement or balance sheet to be filed with the
Superintendent under this Act, an issuer may value qualified
assets as follows:

(a) cash — in the amount thereof in lawful money of

Canada;

(b) first mortgages — in the amount of the balance of the

principal sum secured thereby together with all
unpaid interest accrued thereon;

as to principal or interest —

143

(i) if purchased at par, at the par value,

provided that the purchase price shall in no case
be taken at a higher figure than the actual market
value at the time of purchase; and

(d) other securities — at the market value at the date of

the statement,

or otherwise as the Superintendent may appoint; provided
that, where any qualified assets consist of securities whose
market values are unduly depressed and in respect of which
companies registered under The Canadian and British In- (cliada)^
surance Companies Act, 1932 (Canada) have been authorized
to use values in excess of said market values, such qualified
assets may, with the approval of the Superintendent, be
valued as authorized under that Act.

18. The Superintendent may extend the time for the filing Extension
. ^ . . . ■' . , .^ of time

or any statement, balance sheet or other document, or the prescribed,
making of any application for renewal of registration under
this Act.

19. Nothing in this Act shall prevent the sale of an invest- ^^^^p*®'*
ment contract by or on behalf of the holder thereof where such

sale is not made in the course of continued and successive
transactions of like character or by a person whose usual
business is the issuance or sale of investment contracts.

20. — (1) Any person who violates the provisions of sub- ^®"^^*^®^-
section 1 of section 2 or subsection 1 of section 3 or subsection 2
of section 3 in respect of clause a or & thereof shall be guilty
of an offence and liable to a penalty of not more than $5,000.

(2) Any person who violates the provisions of subsection 2 ^'**™-
of section 3 in respect of clause c shall be guilty of an offence
and liable to a penalty of not more than $1,000.

(3) Any person who violates any other provision of this idem.
Act shall be guilty of an offence and liable to a penalty of

not more than $500.

21. No proceedings to recover the penalties provided in ^^n^aiffi "'^
section 20 shall be instituted except, —

143

(a) with the written consent of the Attorney General;
and

(b) within two years after the offence is committed.

Idem. 22. The penalties provided by section 20 shall be recover-

^Yse^'**" ^^^^ under The Summary Convictions Act.

Regula-
tions.

23. The Lieutenant-Governor in Council may make regu-
lations,—

(a) prescribing the fees payable upon applications for
registration and renewal of registration ;

(b) prescribing the forms for use under this Act;

assets within the meaning of this Act; and

(d) generally for the better carrying out of the provisions

of this Act and the more efficient administration
thereof.

1947 0.98 24. Notwithstanding anything in The Securities Act, 1947,

not to apply. , , a j c > »

contamed, —

(a) an investment contract shall be deemed not to be a
security; and

(6) an issuer shall be deemed not to be an investment
company,

within the meaning of the said Act.

Commence-
ment of Act

25. This Act shall come into force on a day to be named
by the Lieutenant-Governor by his Proclamation.

Short title. 26. This Act may be cited as The Investment Contracts
Act, 1948.

143

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No. 144

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

The Hotel Fire Safety Act, 1948.

Mr. Blackwell

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note

This legislation is designed to replace The Hotel Fire Accidents Preven-
tion Act which in 1937 replaced The Prevention oj Accidents by Fire in Hotels
Act and The Hotels Act, 1929.

The subject is one that lends itself to periodic revisions in order that
the fire safety provisions of the law respecting hotels may be kept in line
with modern conditions.

The statutory requirements are based on two fundamental principles,
namely, to ensure that hotels are constructed and operated in a way that
will prevent fire starting and that will give every one in the building a
reasonable chance of getting out safely if a fire does start.

The sections of the Act are self-explanatory.

Whether the provisions of this Bill are amended or new as compared
with the present Act is indicated in italics at the end of each provision.

144

No. 144 1948

BILL

The Hotel Fire Safety Act, 1948.

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

1. In this Act, — interpre-

tation,—

(a) "fire door" means a hollow metal, metal-clad, sheet "Are door-
metal, steel or two-ply tin-clad door that is auto-
matic or self-closing;

(b) "Fire Marshal" means the Fire Marshal of Ontario; "Fire

Marshal";

which resistive

^"^"' construc-

tion";

(i) the exterior walls are wholly of brick, stone,
concrete, hollow block, solid block or the
equivalent,

(ii) the interior walls and partitions are made of
incombustible materials,

(iii) the floors and their supports are made of
incombustible materials other than the floor
covering, which may be wood, and

(iv) the roofs are made of incombustible materials;

(d) "fire wall" means a partition wall of fire-resistive "Are wall";
construction extending from the ground to a point

three feet above the roof and in which all openings
are protected by fire doors;

(e) "grade" means the average level of the ground next "grade";

to the building; New.

(j) "hotel" means any hotel, tavern, inn or public house -hotel";
in one building or in two or more connected or
adjacent buildings used mainly for the purpose of

144

"incom-
bustible";

(g)

^'inspector'

catering to the needs of the travelling public by
supplying food and furnishing sleeping accommoda-
tion of not less than ten bedrooms and includes all
premises licensed under The Liquor Licence Act, 1946,
but does not include premises commonly known as
boarding houses and apartment houses; R.S.O. 1937,
c. 320, s. 1, cl. (a), amended.

"incombustible" as applied to a material or com-
bination of materials means steel, iron, brick, tile,
concrete, slate, asbestos, wired glass, cement or
gypsum plaster or other material that will not fuse,
burn or disintegrate when exposed to a temperature
of 1,000 degrees Fahrenheit for a period of one hour;

(h) "inspector'
Act;

means an inspector appointed under this

'panic bolt"; (^-^ "panic bolt" meaas a bolt or lock that can be opened

at all times from the inside by downward pressure
on a bar or lever;

"regula-
tions";

0) "regulations" mean regulations made under this Act;

"self-
closing"

(k) "self-closing" as applied to a door, window or other
protection for an opening, means that such door,
window or other protection is normally closed and
will immediately return to the closed position when
it is opened and released;

"smoke-
proof";

(/) "smoke-proof" means constructed so as to prevent
the rapid passage of smoke and flames; and

"storey'

(m) "storey" means that portion of a building between
the top of any floor and the top of the next floor
above it, or if there is no floor above it, that portion
between the top of such floor and the ceiling above it,
and the storey closest to grade having its ceiling more
than six feet above grade shall be deemed to be the
first storey. New.

What hotels
to be fire-
resistive.

2. — (1) Every hotel more than two storeys in height here-
after constructed or remodelled, every addition more than
two storeys in height hereafter made to any hotel, and every
building more than two storeys in height hereafter converted
for use as an hotel, shall be of fire-resistive construction.

Require-
ment for
a fire wall.

(2) Where an addition is hereafter made to any hotel and
either the addition or the hotel is not of fire-resistive con-
struction, there shall be a fire wall between the addition
and the hotel. New,

144

3. (1) There shall be not less than two stairway systems^*'"'"'"'"
in or in connection with every hotel, located as far apart as i">" Tt ion of
possible and so as to provide not less than two independent ^'^"■"'*^^"
means of egress for the occupants on each floor.

(2) Every stairway in or in connection with an existing hotel stairways in
more than two storeys in height shall be fully enclosed and hoTei's"*
smoke-proof, provided that an exterior iron stairway with
balconies at each floor or a metal tubular or spiral fire-escape

may, with the written permission of the inspector be used in
lieu of a fully enclosed and smoke-proof stairway.

(3) Every stairway in or in connection with, — Slairways

in hQtels
hereafter

(a) an hotel more than two storeys in height hereafter '"'"'•

constructed or remodelled;

(b) an addition more than two storeys in height hereafter

made to an hotel ; or

converted for use as an hotel,

shall be fully enclosed, smoke-proof and of fire-resistive
construction.

(4) Notwithstanding subsections 2 and 3, any stairway Exception,
extending only to the second or mezzanine storey in an hotel

of fire-resistive construction may be an open stair\va\-.

(5) Every stairway from any portion of an hotel, other Minimum
than from a place of public assembly, shall have a clear width s"tifirways.
of not less than twenty-two inches, and each step shall have

not less than a ten-inch tread and not more than an eight-inch
rise except that, where structural difficulties exist, the inspector
may give written permission for steps having not less than an
eight-inch tread.

(6) Every stairway from any portion of an hotel used as a Minimum
place of public assembly shall have a clear width of not less ^j'{|J|j,j^yg
than forty-four inches, and each step shall have at least a f""/"" P'^ce

-' ' ... or assembly,

ten-inch tread and not more than an eight-inch rise.

(7) Where in anv hotel more than two storevs in height any where stair-

... .' . , " , r way does

stairway is located so as to require the users thereoi to pass not eive
through a lobby or other place of public assembly in order tOegrlL.
reach the outside of the building, the inspector may make an
order requiring the lobby or other place of public assembly to
be equipped with an automatic sprinkler system. New.

^ /4N XT • • r Exterior

4. — (1) No exterior stairway oi, — stairways

^ ^ -^ in hotels

... hereafter

144 built;

(a) an hotel more than two storeys in height hereafter
constructed or remodelled;

(b) an addition more than two storeys in height hereafter

made to an hotel; or

to extend
to ground.

Windows
and doors
beneath
exterior
stairways.

shall extend more than five storeys above grade. New.

(2) Every exterior stairway of an hotel shall extend to the
ground, provided that the inspector may give written permis-
sion for the bottom flight of such stairway to be counter-
balanced. R.S.O. 1937, c. 320, s. 2 (2), amended.

5. — (1) Every window, except a first-storey display window,
in an hotel beneath any portion of an exterior stairway or
opening onto or within ten feet of an exterior stairway, shall
be provided with wired glass and every door similarly located
shall be metal-clad.

No other
wall open-
ings.

(2) There shall be no wall opening, other than a door or
window, beneath or within ten feet of an exterior stairway
of an hotel.

Balconies
and landings.

Railings.

windows^** (3) Every door and window opening to a stairway in or in

opening to connection with an hotel shall be not less than thirty inches in
width and shall be hinged to open outwards with the line of
exit travel and equipped with panic bolts only. New.

6. The width of every balcony and landing in connection
with a stairway in or in connection with an hotel shall be not
less than the width of the door leading to it and shall have an
area of not less than twelve square feet. R.S.O. 1937, c. 320,

s. 3, amended.

7. Every exterior stairway shall have an iron railing not
less than thirty-two inches in height, measured perpendicu-
larly from the nosing of the step, and every balcony and
landing in connection with an exterior stairway of an hotel shall
have an iron railing not less than three feet in height on all sides.
New.

8. Every passageway in an hotel leading to an exit door
or stairway shall be not less than three feet in width and the
walls and ceiling thereof shall be surfaced with plaster, plaster
board or other incombustible material unless it is protected
with an automatic sprinkler system. New.

to^stair^*^*^ 9. The approaches to every stairway in an hotel shall be

ways. unobstructed and shall not be through a room used as a

bedroom or bathroom or for any purpose that may obstruct

Passage-
ways.

144

free passage, and no such approach shall be veiled from open
view by any ornamentation, curtain or other thing. R.S.O.
1937, c. 320, s. 4 (1), amended.

10. Rotating doors may be installed in hotels at exterior Rotating
entranceways only and shall be collapsible and flanked within ***'°'^"
fifteen feet by one or more doors that open outwards and
that have a total width of not less than forty-four inches.

11- — (1) Every exit sign in an hotel shall have the word Exit signs.
"EXIT" displayed in block letters not less than six inches in
height and coloured white on a red background or coloured red
on a contrasting background, provided that luminous signs of
equivalent visibility may be used in lieu thereof.

(2) Where electricity is available, every exit sign in an hotel Electric
shall be illuminated during the night by an electric lamp sup- ^^^^ s^g^s.
plied from a circuit separate from the domestic electric system.
R.S.O. 1937, c. 320, s. 5 (1), amended.

(3) Every hotel shall have an exit sign placed above or Location of
beside every exit door and every exit window so as to be ®^'* signs,
clearly visible. New.

12. Every hotel shall display signs in such manner and in Directional
such locations as the inspector may order indicating the^'^"^"
directions of travel to reach the exits. R.S.O. 1937, c. 320,

s. 5 (2), amended.

13. Every hotel shall display in each bedroom a floor Notices to
plan showing the location of the exits and indicating the in each ^^^
directions of travel to reach them and also a notice giving ''®'^''''°'"'
the fire safety rules of the hotel. R.S.O. ,1937, c. 320, s. 5 (3),
amended.

14. Every exterior stairway, balcony, landing, exit door gxits to be
and exit window shall be kept free at all times from obstruc- ^^p* °'®^''-
tions including ice and snow. R.S.O. 1937, c. 320, s. 6,

part, amended.

15. Every elevator shaft in an hotel shall be fully enclosed Elevator ^
■ with incombustible materials and the top thereof shall be doors.

equipped with heat-actuated vents, and every elevator door
shall be of metal and wired glass without openings. New.

16. Every boiler or furnace room in an hotel shall be of Boiler and
fire-resistive construction and shall be equipped with fircrooms^.®
doors. New.

WhfirG

17 Everv hotel not completely equipped with an auto- watchmen

^ to be em-

ployed.

144

matic sprinkler system or a heat-actuated fire detection system
and containing twenty or more bedrooms above the first storey
shall have a watchman on duty from ten o'clock each night
until six o'clock the following morning, and every watchman
shall be equipped with a w^atchman's clock and he shall make
a round of the hotel at least once every hour during his duty
period. R.S.O. 1937, c. 320, s, 8, amended.

Where Are
fighters to
be on duty.

18. Every hotel containing fifty or more bedrooms above
the first storey shall have at least one adult male employee
trained in fire fighting to the standard prescribed by the
regulations on duty at all times within the hotel, provided
that this section shall not apply where the hotel is in a muni-
cipality that has a fire department and where the hotel is
completely equipped with an automatic sprinkler system or a
heat-actuated fire detection system connected electrically
with an alarm in the fire department or with a central signal
supervisory service. New.

Fire alarms. 19. Every hotel shall have a fire-alarm system capable of
being heard throughout the hotel and of being operated from
each floor and from the hotel office. New.

Smoke-proof
barriers.

20. — (1) Every hotel not of fire-resistive construction shall
have smoke-proof barriers in such locations as the inspector
may order.

Power to
require
sprinkler
systems.

(2) The inspector may make an order requiring an}' hotel
not of fire-resistive construction that is four or more storeys
in height and is in a city or that is three or more storeys in
height and is in any other part of Ontario to have an auto-
matic sprinkler system or a heat-actuated fire detection sys-
tem. Neiv.

Duty to 21. When a fire is discovered in an hotel in a municipality

call fire , . /- , i , •

department, havmg a fire department, the manager or other person m
charge shall immediately call the fire department. New.

powere'of 22. Where an inspector finds that any condition exists in

inspectors. ^^ hotel that makes the hotel specially liable to fire, he may

make an order directing the hotelkeeper to remedy the

condition. New.

inspecftor ^^- — ^^^ Where an inspector makes an order under this Act

he shall cause a copy of the order to be delivered to the hotel-
keeper by personal service or by registered mail.

Right of
appeal.

(2) If the hotelkeeper feels aggrieved by the order he may
appeal within ten days from the service of the order to the
Fire Marshal who shall examine the order and affirm, modify
or revoke the same and cause a copy of his decision to be

144

7
delivered to the hotelkeeper by personal service or by registered

man

(3) If the hotelkeeper is dissatisfied with the decision of Right of
the Fire Marshal, he may, within ten days from the service to coSrt!°"
of the decision, apply by way of originating notice according

to the practice of the court, to the judge of the county or
district court of the county or district in which the hotel is
situate, for an order modifying or revoking the order, and the
judge, upon such application, may affirm, modify or revoke
the order and his decision shall be final.

(4) If an application to the county or district judge is not Failure to
prosecuted by the hotelkeeper within thirty days from theapp1fcat*on.
filing of the originating notice, the judge may dismiss the
application at the request of the Fire Marshal. New.

24. — (1) Every hotelkeeper who operates an hotel that Penalties,
does not conform with this Act and the regulations or who
fails to comply with any order made by an inspector shall be
guilty of an offence and shall upon summary conviction be
liable to a penalty of not less than $25 and not more than $500,
and, in addition, the court may order the hotel to be closed
until it is made to conform with this Act and the regulations
or \\\t\\ the order of the inspector.

(2) The conviction under this Act of any hotelkeeper shall Conviction
not operate as a bar to further prosecution under this Act for further
the continued failure on the part of such hotelkeeper to com- ° ^'^^®'
ply with this Act and the regulations or the order of an
inspector but such continuance shall constitute a new and
separate offence. R.S.O. 1937, c. 320, s. 9, amended.

25. The Lieutenant-Governor in Council may appoint one inspectors.—
or more inspectors to enforce this Act and the regulations, ^pp^'o*'

New.

26. The Lieutenant-Governor in Council may make Regulations,
regulations, —

{a) requiring the submission of drawings and specifica-
tions to the Fire Marshal for review and approval
prior to the construction, alteration or remodelling
of and additions to hotels;

(&) prescribing the mode of, and the materials to be
used in, the construction, alteration or remodelling
of and additions to hotels or any designated class
thereof ;

stairways, balconies, fire walls, doors, windows, exits
and fire-prevention, fire-protection and fire-alarm
equipment in or outside of any hotel or any desig-
nated class thereof, and the materials to be used
therein ;

(d) prescribing the mode of the construction of heating,
ventilating and air-conditioning systems in hotels
or any designated class thereof;

r) regulating the location, arrangement and maintenance
of places of public assembly in hotels or any desig-
nated class thereof, and prescribing the mode of
construction of such places;

(/) controlling or prohibiting exhibits and displays in
hotels or any designated class thereof;

(g) controlling or prohibiting the use of flammable
decorations, curtains and drapes in hotels or any
designated class thereof ;

(h) prescribing the standards of housekeeping for hotels;

(i) prescribing a standard of training in fire-fighting for
employees of hotels; and

0') generally for the better carrying out of this Act.
1941, c. 55, s. 14 (2), amended.

b^-iawlfnot ^'^- Nothing in this Act or the regulations shall affect any
affected. by-law relating to the matters mentioned herein and lawfully
passed by a municipal council, or the authority of a municipal
council to pass any such by-law in so far as such by-law imposes
additional or more stringent requirements than those con-
tained in this Act. R.S.O. 1937, c. 320, s. 10, amended.

c!*32oT^*" 2^- ^^^ Hotel Fire Accidents Prevention Act and section 14
1941. c. 55, Qf 7^/jg Statute Law Amendment Act, 1941, are repealed.

repealed.

Short title. 29. T\\\s Act m2iy he cit^AsiS The Hotel Fire Safety Act, 1948 ,

144

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03
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No. 144

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

The Hotel Fire Safety Act, 1948.

Mr. Blackwell

TORONTO
I Printed and Published by Baptist Johnston

I Printer to the King's Most Excellent Majesty

No. 144 1948

BILL

The Hotel Fire Safety Act, 1948.

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

1. In this Act, — interpre-

tation,—

(a) "fire door" means a hollow metal, metal-clad, sheet -flre door'
metal, steel or two-ply tin-clad door that is auto-
matic or self-closing;

(b) "Fire Marshal" means the Fire Marshal of Ontario; "Fire

Marshal";

which, resistive

' construc-

tion";

(i) the exterior walls are wholly of brick, stone,
concrete, hollow block, solid block or the
equivalent,

(ii) the interior walls and partitions are made of
incombustible materials,

(iii) the floors and their supports are made of
incombustible materials other than the floor
covering, which may be wood, and

(iv) the roofs are made of incombustible materials;

(d) "fire wall" means a partition wall of fire-resistive "Are wall";
construction extending from the ground to a point

three feet above the roof and in which all openings
are protected by fire doors;

(e) "grade" means the average level of the ground next "grade";

to the building; New.

(j) "hotel" means any hotel, tavern, inn or public house "hotel";
in one building or in two or more connected or
adjacent buildings used mainly for the purpose of

144

"incom-
bustible";

(g) "incombustible" as applied to a material or com-
bination of materials means steel, iron, brick, tile,
concrete, slate, asbestos, wired glass, cement or
gypsum plaster or other material that will not fuse,
burn or disintegrate when exposed to a temperature
of 1,000 degrees Fahrenheit for a period of one hour;

"inspector'

{h) "inspector'
Act;

means an inspector appointed under this

'panic bolt"; (j^ "panic bolt" means a bolt or lock that can be opened

at all times from the inside by downward pressure
on a bar or lever;

"regula-
tions";

"self-
closing";

ij) "regulations" mean regulations made under this Act;

ik) "self-closing" as applied to a door, window or other
protection for an opening, means that such door,
window or other protection is normally closed and
will immediately return to the closed position when
it is opened and released;

"smoke-
proof";

(/) "smoke-proof" means constructed so as to prevent
the rapid passage of smoke and flames; and

"storey*

(w) "storey" means that portion of a building between
the top of any floor and the top of the next floor
above it, or if there is no floor above it, that portion
between the top of such floor and the ceiling above it,
and the storey closest to grade having its ceiling more
than six feet above grade shall be deemed to be the
first storey. New.

What hotels
to be ft re-
resistive.

Require-
ment for
a Are wall.

(2) Where an addition is hereafter made to any hotel and
either the addition or the hotel is not of fire-resistive con-
struction, there shall be a fire wall between the addition
and the hotel. Neiv.

144

3. — (1) There shall be not less than two stairway systems Minimum
in or in connection with every hotel, located as far apart as To" Ttion of**
possible and so as to provide not less than two independent''^'"'"**^*"
means of egress for the occupants on each floor.

(2) Every stairway in or in connection with an existing hotel exfjun*^^ '"
more than two storeys in height shall be fully enclosed and hotels"*
smoke-proof, provided that an exterior iron stairway with
balconies at each floor or a metal tubular or spiral fire-escape

may, with the written permission of the inspector be used in
lieu of a fully enclosed and smoke-proof stairway.

(3) Every stairway in or in connection with, — stairways

in hotels
hereafter

(a) an hotel more than two storeys in height hereafter ''"''*'■
constructed or remodelled ;

(6) an addition more than two storeys in height hereafter
made to an hotel ; or

shall be fully enclosed, smoke-proof and of fire-resistive
construction.

(4) Notwithstanding subsections 2 and 3, any stairway Exception,
extending only to the second or mezzanine storey in an hotel

of fire-resistive construction may be an open stairway.

(5) Every stairway from any portion of an hotel, other Minimum
than from a place of public assembly, shall have a clear width ^'^rways
of not less than twenty-two inches, and each step shall have

(6) Every stairway from any portion of an hotel used as a Minimum
place of public assembly shall have a clear width of not less ^'^*|*|J^^^g
than forty-four inches, and each step shall have at least a from place

, , , ..... of assembly.

ten-mch tread and not more than an eight-mch rise.

(7) Where in any hotel more than two storeys in height any where stair-
stairway is located so as to require the users thereof to pass not give
through a lobby or other place of public assembly in order to egress,
reach the outside of the building, the inspector may make an

order requiring the lobby or other place of public assembly to
be equipped with an automatic sprinkler system. New.

r Exterior

4. — (1) No exterior stairway or, — stairways

in hotels
. . . hereafter

144 ~ built:

(a) an hotel more than two storeys in height hereafter
constructed or remodelled;

(b) an addition more than two storeys in height hereafter

made to an hotel; or

constructed for use as an hotel,

shall extend more than five storeys above grade. New.

to ground. (2) Every exterior stairway of an hotel shall extend to the

ground, provided that the inspector may give written permis-
sion for the bottom flight of such stairway to be counter-
balanced. R.S.O. 1937, c. 320, s. 2 (2), amended.

WindowB
and doors
beneath
exterior
stairways.

No other
■wall open-
ings.

(2) There shall be no wall opening, other than a door or
window, beneath or within ten feet of an exterior stairway
of an hotel.

Doors and
windows
opening to
stairways.

Balconies
and landings.

Railings.

Passage-
ways.

Approaches
to stair-
ways.

(3) Every door and window opening to a stairway in or in
connection with an hotel shall be not less than thirty inches in
width and shall be hinged to open outwards with the line of
exit travel and equipped with panic bolts only. New.

9. The approaches to every stairway in an hotel shall be
unobstructed and shall not be through a room used as a
bedroom or bathroom or for any purpose that may obstruct

144

free passage, and no such approach shall be veiled from open
view by any ornamentation, curtain or other thing. R.S.O.
1937, c. 320, s. 4 (1), amended.

10. Rotating doors may be installed in hotels at exterior uotating
entranceways only and shall be collapsible and flanked within '"'°'"^'
fifteen feet by one or more doors that open outwards and
that have a total width of not less than forty-four inches.

New.

(2) Where electricity is available, every exit sign in an hotel Electric
shall be illuminated during the night by an electric lamp sup- ^^' ^'^'^^*
plied from a circuit separate from the domestic electric system.
R.S.O. 1937, c. 320, s. 5 (1), amended.

(3) Every hotel shall have an exit sign placed above or Location of
beside every exit door and every exit window so as to be ®'''* signs,
clearly visible. New.

12. Every hotel shall display signs in such manner and in Directional
such locations as the inspector may order indicating the^'^'*^"
directions of travel to reach the exits. R.S.O. 1937, c. 320,

s. 5 (2), amended.

13. Every hotel shall display in each bedroom a floor Notices to
plan showing the location of the exits and indicating the in each
directions of travel to reach them and also a notice giving*^® room,
the fire safety rules of the hotel. R.S.O. 1937, c. 320, s. 5 (3),
amended.

14. Every exterior stairway, balcony, landing, exit door Exits to be
and exit window shall be kept free at all times from obstruc- '^^p* °'®*'"-
tions including ice and snow. R.S.O. 1937, c. 320, s. 6,

part, amended.

15. Every elevator shaft in an hotel shall be fully enclosed Elevator ^
with incombustible materials and the top thereof shall be doors,
equipped with heat-actuated vents, and every elevator door

shall be of metal and wired glass without openings. New.

16. Every boiler or furnace room in an hotel shall be of BoUerand
fire-resistive construction and shall be equipped with fire rooms,
doors. New.

17 Everv hotel not completely equipped with an auto- watchmen

-' to be em-

ployed.

144

iiiatic si)rinkler s\steni or a heat-actuated fire dcii ( lirui -\ Ttcm
and coiUaininji twenty or more bedrooms above the hrsi hton \
shall have a watchman on duty from ten o'clock each iiiuhi
until six o'clock the followinj^^ nioi iiiiiL', .md every watchman
shall be equipped with a watchman's clock and he shall make
a round of the hotel at least once every hour during his duty
period. R.S.O. 1937, c. 320, s. 8, amended.

Where Are
fighters to
be on duty

18. Kvery hotel containing fifty or more hdlrooms above
the first storey shall have at least one achih male employee
trained in fire fighting to the standard i)rescribed by the
regulations on duty at all times within the hotel, provided
that this section shall not apply where the hotel is in a muni-
cipality that has a fire department and where the hotel is
completely equipped with an automatic sprinkler s>-stem or a
heat-actuated fire detection system connccied elect ricallx"
with an alarm in the fire department or with a central signal
supervisory service. New.

Fire alarms. 19. Every hotel shall have a fire-alarm system capable of
being heard throughout the hotel and of being operated from
each floor and from the hotel office. New.

Smoke-proof
barriers.

20.— (1) Every hotel not of fire-resistive construction shall
have smoke-proof barriers in such locations as the inspector
may order.

Power to
require
sprinkler
systems.

(2) The inspector may make an order requiring any hotel
not of fire-resistive construction that is four or more storeys
in height and is in a city or that is three or more storeys in
height and is in any other part of Ontario to have an auto-
matic sprinkler system or a heat-actuated fire detection sys-
tem. .New.

Duty to 21. When a fire is discovered in an hotel in a municipality

call flre , . /- , , i •

department, having a fire department, the manager or other person in

charge shall immediately call the fire department. New.

powera of 22. Where an inspector finds that any condition exists in

inspectors, ^^i hotel that makes the hotel specially liable to fire, he may

make an order directing the hotelkeeper to remed} ilie

condition. New.

Orders of 23. — (1) Where an inspector makes an order under this Act

inspector. ^ ' , , i i i- i i i

he shall cause a copy of the order to be delivered to the hotel-
keeper by personal service or by registered mail.

Right of
appeal.

(2) If the hotelkeeper feels aggrieved by the order he may
appeal within ten days from the service of the order to the
Fire Marshal who shall examine the order and aflfirm, modify
or revoke the same and cause a copy of his decision to be

144

delivered to the hoielkccper 1)\ {HTsonal service or 1)\ rcuistcrcd
mail.

(3) If the hotelkeeper is dissatisfied with ihc (jci^ion ,
the Fire Marshal, he ina>-, within ten (Kns from the sci\i(^
of the decision, apph- h\- \va\- of originating notice according
to the practice of the court, to the judge of the count \- or
district court of the county or district in which the hotel is
situate, for an order modifying or revoking the order, and the
judge, upon such application. nia\- affirni. niodif\ or rc\
the order and his decision shall be final.

()!.<■

(4) If an application to the county or district judye is not Failure to
prosecuted by the hotelkeeper within thirty days from theapplfcaUon.
filing of the originating notice, the judge ma\- dismiss the
application at the request of the Fire Marshal. Xeiv.

24. — (1) Every hotelkeeper who operates an hotel that Penalties,
does not conform with this Act and the regulations or who
fails to comply with an\- order made by an inspector shall be
guilt\' of an offence and shall upon summar>- conviction be
liable to a penalty of not less than $25 and not more than S5()0,
and, in addition, the court may order the hotel to be closed
until it is made to conform with this Act and the regulations
or with the order of the inspector.

(2) The conviction under this Act of any hotelkeeper shall Conviction
not operate as a bar to further prosecution under this Act for further
the continued failure on the part of such hotelkeeper to com-° ^^^^'
ply with this Act and the regulations or the order of an
inspector but such continuance shall constitute a new and
separate offence. R.S.O. 1937, c. 320, s. 9, amended.

25. The Lieutenant-Governor in Council may appoint one inspectors,-
or more inspectors to enforce this Act and the regulations. ^fgP*^'"^"

New.

26. The Lieutenant-Governor in Council ma>- make Regulations
regulations, —

(a) requiring the submission of drawings and sjiecifica-

tions to the Fire Marshal for re\iew and api)ro\al
prior to the construction, alteration or remodelling
of and additions to hotels;

(b) prescribing the mode of, and the materials to be

used in, the construction, alteration or remodelling
of and additions to hotels or any designated class
thereof ;

{d) prescribing the mode of the construction of heating,
ventilating and air-conditioning systems in hotels
or any designated class thereof;

{e) regulating the location, arrangement and maintenance
of places of public assembly in hotels or any desig-
nated class thereof, and prescribing the mode of
construction of such places;

(/) controlling or prohibiting exhibits and displays in
hotels or any designated class thereof;

(g) controlling or prohibiting the use of flammable
decorations, curtains and drapes in hotels or any
designated class thereof;

{h) prescribing the standards of housekeeping for hotels;

{i) prescribing a standard of training in fire-fighting for
employees of hotels ; and

(j) generally for the better carrying out of this Act.
1941, c. 55, s. 14 (2), amended.

by-iawl^not ^'^- Nothing in this Act or the regulations shall affect any
affected. by-law relating to the matters mentioned herein and lawfully
passed by a municipal council, or the authority of a municipal
council to pass any such by-law in so far as such by-law imposes
additional or more stringent requirements than those con-
tained in this Act. R.S.O. 1937, c. 320, s. 10, amended.

c^®32oT'^*" ^^' ^^^ Hotel Fire Accidents Prevention Act and section 14
1941. c. 55, of The Statute Law Amendment Act, 1941, are repealed.

repealed.

Short title. 29. This Act may be cited as The Hotel Fire Safety Act, 1948.

144

03
r
>
n

3: a.

> ^

r
r

No. 145

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

The Lightning Rods Act, 1948.

Mr. Blackwell

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note

This is the first general revision of this Act which was passed in 1921.

The purpKJse of both the old and the new Act is to control and regulate
the sale and installation of lightning rods.

The Bill is based on the same principles as the present Act. Its
provisions are self-explanatory.

145

No. 145 1948

BILL

The Lightning Rods Act, 1948.

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

1. In this Act,— KX-

(a) "Fire Marshal" means the Fire Marshal of Ontario; ^^|:|^gj„.

(b) "inspector" means an inspector appointed under this "inspector";
Act;

and other apparatus installed or to be installed to
protect buildings and structures from damage by
lightning;

(d) "regulations" mean regulations made under thisj^j^^es^.l*-
Act; and

(e) "Treasurer" means Treasurer of Ontario. R.S.O. "treasurer"

1937, c. 331, s. 1, amended.

2. No person shall offer for sale, sell or install lightning sellers, etc..
rods unless licensed to do so by the Fire Marshal under thisrods^tob'e*^
Act. R.S.O. 1937, c. 331, s. 2, amended. licensed.

3. — (1) Upon receipt of, — Power to

^ ^ ' license.

(a) an application on the prescribed form for a licence to

offer for sale, sell and install lightning rods containing
a sworn statement of the amount received from the
sale of lightning rods in Ontario during the previous
licence year and a statement of the specifications of
the lightning rods to be offered for sale, sold and
installed during the licence year;

(b) a licence fee computed at four-fifths of one per

centum of the amount received from the sale of

145

What may
be sold, etc.

lightning rods in Ontario during the preceding licence
year, and in addition the sum of $50, payable to the
Treasurer; and

(c) samples of the lightning rods to be offered for sale,
sold and installed during the licence year, or such
parts thereof as may be required by the Fire Marshal,

the Fire Marshal, if he is satisfied that the applicant is entitled
to public confidence, may issue to the applicant a licence to
offer for sale, sell and install lightning rods, and such licence
shall remain in force until the 31st day of December next
after the date of issuance unless it is sooner suspended or
revoked. R.S.O. 1937, c. 331, s. 5 (1), amended.

(2) No licensee under this section shall offer for sale, sell or
install lightning rods other than those in respect of which the
licence was issued. New.

Agents. 4 — (1) Upon receipt of, —

(a) an application on the prescribed form from a licensee
under section 3 for a licence for the person named
therein, who shall be a resident of Ontario, to act as
an agent of such licensee containing a statement in
writing from the person named therein giving the
address of his place of residence and place of business,
his experience in connection with lightning rods,
and his financial standing with any licensee under
section 3 for whom he has acted as agent; and

{h) a licence fee of $3 payable to the Treasurer,

the Fire Marshal, if he is satisfied that the person named is
entitled to public confidence, may issue a licence to him to
act as agent for the licensee, and such licence shall remain in
force until the 31st day of December next after the date of
issuance unless it is sooner suspended or revoked. R.S.O.
1937, c. 331, s. 6 (1), amended.

What may
be sold, etc.
by agents.

(2) No licensed agent shall offer for sale, sell or install
lightning rods other than those in respect of which his principal
is licensed. R.S.O. 1937, c. 331, s. 6 (2), amended.

Power to 5 xhe Fire Marshal may, after a hearing, suspend or

suspend ^' •ii-a u

and revoke revoke a licence for non-compliance with this Act or the

licences. regulations. R.S.O. 1937, c. 331, s. 5 (2), amended.

Duty to

exhibit

licence.

6. Every person offering for sale, selling or installing
lightning rods shall exhibit his licence, —

145

(a) to every person to whom he offers to sell or sells,
or for whom he installs lightning rods; and

(b) upon demand to any mayor, reeve, fire chief, district
deputy fire marshal, assistant to the Fire Marshal,
fire prevention officer or police officer. R.S.O. 1937,'
c. 331, s. 7, part, amended.

7.— (1) Every person who installs lightning rods on any Certificate of
buildmg or structure shall, upon completion of the work, "^*^"^"°'-
make a certificate of installation in triplicate on the prescribed
form showing, —

(a) his name, address and licence number and where he is
an agent, the name, address and licence number of his
principal ;

(b) the name and address of the owner of the building or
structure ;

(d) a diagram of the building or structure marking the

location of each grounding;

(e) the nature and condition of the soil at each grounding;

(/) the method of each grounding, and

certifying that the facts shown are true and that the instal-
lation has been made in accordance with this Act and the
regulations, and after signing he shall present the certificate
for the signature of the owner or his agent to confirm that the
nature and condition of the soil and the method of each
grounding are as described.

(2) Every person who makes a certificate of installation Disposal of
shall give a copy thereof to the owner or his agent and forward °°^'®®'
a copy to the Fire Marshal. R.S.O. 1937, c. 331, s. 7, part,
amended.

8. Every person who fails to comply with this Act and Penalties
the regulations shall be guilty of an offence and on summary to comply
conviction shall be liable to a penalty of not more than $200
or to imprisonment for a term of not more than six months
for each offence, or to both fine and imprisonment. R.S.O.
1937, c. 331, s. 8, amended.

9. — (1) Where upon inspection an installation of lightning Non-
rods is found not to conform with this Act and the regulations, installations,
the licensee under section 3 who made the installation shall

145

Conforming
installations.

Right to
recover for
loss.

within sixty days from the receipt of the inspector's report or
such further period as may be allowed by the Fire Marshal,
make such alterations or additions thereto as the inspector
considers necessary to make the installation conform with this
Act and the regulations, but this subsection shall not apply
where the installation is found not to so conform by reason of
alterations or additions made thereto or to the building or
structure other than by the licensee. R.S.O. 1937, c. 331,
s. 9 (2), part, amended.

(2) Where upon inspection an installation of lightning
rods is found to conform with this Act and the regulations,
the inspector may attach a seal indicating that the installation
is at the time of the inspection in conformity with this Act
and the regulations. New.

10. — (1) Where lightning rods that were installed on a
building or structure by a licensed person have been installed
for less than ten years and the owner thereof has suffered loss
by reason of damage by lightning to the'lightning rods, building
or structure, and where no alterations or additions or repairs
that affect the proper operation of the lightning rods have
been made to the lightning rods or to the building or structure
by persons other than the licensee, the owner may bring an
action against the licensee for recovery of the amount of loss,
not exceeding the total cost of the installation.

Notice of
claim ;
commence-
ment of
action.

(2) Notice of any such claim shall be given to the licensee
within a period of thirty days after the loss was suffered, and
the action shall be commenced not less than sixty days and
not more than one year after the loss was suffered. R.S.O.
1937, c. 331, s. 10, amended.

of licence
fees.

11. Licence fees paid to the Treasurer under this Act

" shall be added to the special fund for the maintenance of the

office of the Fire Marshal. R.S.O. 1937, c. 331 , s. 1 1 , amended.

Inspectors. 12. The Lieutenant-Govemor in Council may appoint one
or more inspectors to enforce this Act and the regulations.
New.

of^Act.^*'°'^ 13. This Act shall not apply to the installation of lightning
rods on any building or structure by the owner or occupant
of the building or structure where he himself does the work,
or the work is done by his employee or employees under his
direction. R.S.O. 1937, c. 331, s. 13, amended.

Regulations. ^4 fhe Lieutenant-Governor in Council may make regu-
lations,—

(a) prescribing minimum standards for lightning rods;
145

(b) governing the manner of installing lightning rods;

ings or structures to which this Act shall not apply;
and

(d) prescribing the form of,

(i) the application for a licence to offer for sale,
sell and install lightning rods,

(ii) the licence to offer for sale, sell and install
lightning rods,

(iii) the application for a licence to act as an
agent to offer for sale, sell and install lightning
rods,

(iv) the licence to act as agent to offer for sale,
sell and install lightning rods,

(v) the certificate of installation of lightning rods,

(vi) the report of the inspector mentioned in
subsection 1 of section 9, and

(vii) the seal mentioned in subsection 2 of section
9. R.S.O. 1937, c. 331, s. 12, amended.

15. The Lightning Rod Act and section 22 of The Statutef^^^^^^^-
Law Amendment Act, 1943, are repealed. i9|3. o^28.

pealed.

16. This Act may be cited as The Lightning Rods Act, 1948. short title.

145

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No. 145

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

The Lightning Rods Act, 1948.

Mr. Blackwell

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 145 1943

BILL

The Lightning Rods Act, 1948.

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

1 In this Act — Interpre-

X. Ill LH1& rvcL, tation, —

{a) 'Tire Marshal" means the Fire Marshal of Ontario: IT^e ,,.

' Marshar ;

(6) "inspector" means an inspector appointed under this "inspector";
Act;

(c) "lightning rods" means the points, cables, groundings "lightning
and other apparatus installed or to be installed to^° ° '
protect buildings and structures from damage by
lightning;

{d) "regulations" mean regulations made under this "reKM!^'
Act; and

{e) "Treasurer" means Treasurer of Ontario. R.S.O. "Treasurer"
1937, c. 331, s. 1, amended.

2. No person shall offer for sale, sell or install lightning sellers, etc..
rods unless licensed to do so by the Fire Marshal under thisrods^to'be^
Act. R^.O. 1937, c. 331, s. 2, amended. licensed.

3. — (1) Upon receipt of, — Power to

license.

(a) an application on the prescribed form for a licence to
offer for sale, sell and install lightning rods containing
a sworn statement of the amount received from the
sale of lightning rods in Ontario during the previous
licence year and a statement of the specifications of
the lightning rods to be oflFered for sale, sold and
installed during the licence year;

(Jb) a licence fee computed at four-fifths of one per
centum of the amount received from the sale of

145

lightning rods in Ontario during the preceding licence
year, and in addition the sum of $50, payable to the
Treasurer; and

(c) samples of the lightning rods to be offered for sale,
sold and installed during the licence year, or such
parts thereof as may be required by the Fire Marshal,

What may
be sold, etc.

(2) No licensee under this section shall offer for sale, sell or
install lightning rods other than those in respect of which the
licence was issued. New.

Agents.

4. — (1) Upon receipt of,-

(6) a licence fee of $3 payable to the Treasurer,

be^8o*d"etc ^^^ ^'^ licensed agent shall offer for sale, sell or install

by agents, lightning rods other than those in respect of which his principal

is licensed. R.S.O. 1937, c. 331, s. 6 (2), amended.

8U8Dend° ^' ^^^ ^^^^ Marshal may, after a hearing, suspend or

revoke a licence for non-compliance with this Act or the

isp
and revoke
licences.

regulations. R.S.O. 1937, c. 331, s. 5 (2), amended.

Duty to

exhibit

licence.

6. Every person offering for sale, selling or installing
lightning rods shall exhibit his licence, —

145

(a) to every person to whom he offers to sell or sells,
or for whom he installs lightning rods; and

(b) upon demand to any mayor, reeve, fire chief, district
deputy fire marshal, assistant to the Fire Marshal,
fire prevention officer or police oflficer. R.S.O. 1937,'
c. 331, s. 7, part, amended.

7. — (1) Every person who installs lightning rods on any certificate of
building, or structure shall, upon completion of the workV"^*^"^"°'"
make a certificate of installation in triplicate on the prescribed
form showing, —

(a) his name, address and licence number and where he is
an agent, the name, address and licence number of his
principal ;

(b) the name and address of the owner of the building or

structure;

(d) a diagram of the building or structure marking the

location of each grounding;

(e) the nature and condition of the soil at each grounding;

(/) the method of each grounding, and

(2) Every person who makes a certificate of installation Disposal of
shall give a copy thereof to the owner or his agent and forward
a copy to the Fire Marshal. R.S.O. 1937, c. 331, s. 7, part,
amended.

8. Every person who fails to comply with this Act and ^^^flU^
the regulations shall be guilty of an offence and on summary to comply
conviction shall be liable to a penalty of not more than $200
or to imprisonment for a term of not more than six months
for each offence, or to both fine and imprisonment. R.S.O.
1937, c. 331, s. 8, amended.

9. — (1) Where upon inspection an installation of lightning Non-

■, . \ , r-11-A II 1- conforming

rods IS found not to conform with this Act and the regulations, installations,
the licensee under section 3 who made the installation shall

145

Conforming
installations

within sixty clays from the receipt of the inspector's report or
such further period as may be allowed by the Fire Marshal,
make such alterations or additions thereto as the inspector
considers necessary to make the installation conform with this
Act and the regulations, but this subsection shall not apply
wlure tlie installation is found not to so conform by reason of
alterations or additions made thereto or to the building or
structure other than by the licensee. R.S.O. 1937, c. 331,
s. 9 (2), part, amended.

Right to
recover for
loss.

10. — (1) Where lightning rods that were installed on a
building or structure by a licensed person have been installed
for less than ten years and the owner thereof has suffered loss
by reason of damage by lightning to the lightning rods, building
or structure, and where no alterations or additions or repairs
that affect the proper operation of the lightning rods have
been made to the lightning rods or to the building or structure
by persons other than the licensee, the owner may bring an
action against the licensee for recovery of the amount of loss,
not exceeding the total cost of the installation.

Notice of
claim;
commence-
ment of
action.

Application
of licence
fees.

11. Licence fees paid to the Treasurer under this Act
shall be added to the special fund for the maintenance of the
ofifice of the Fire Marshal. R.S.O. 1937, c. 331, s. 11, amended.

Inspectors. \2t. The Lieutenant-Govemor in Council may appoint one
or more inspectors to enforce this Act and the regulations.

New.

Application
of Act.

13. This Act shall not apply to the installation of lightning
rods on any building or structure by the owner or occupant
of the building or structure where he himself does the work,
or the work is done by his employee or employees under his
direction. R.S.O. 1937, c. 331, s. 13, amended.

Regulations. 14, fhe Lieutenant-Governor in Council may make regu-
lations,—

(a) prescribing minimum standards for lightning rods;
145

5
(&) governing the manner of installing lightning rods;

ings or structures to which this Act shall not apply;
and

(d) prescribing the form of,

(i) the application for a licence to offer for sale,
sell and install lightning rods,

(ii) the licence to offer for sale, sell and install
lightning rods,

(iii) the application for a licence to act as an
agent to offer for sale, sell and install lightning
rods,

(iv) the licence to act as agent to offer for sale,
sell and install lightning rods,

(v) the certificate of installation of lightning rods,

(vi) the report of the inspector mentioned in
subsection 1 of section 9, and

(vii) the seal mentioned in subsection 2 of section
9. R.S.O. 1937, c. 331, s. 12, amended.

15. The Lightning Rod Act and section 22 of The 5/a/M/e ^ev^^stat.,
Law Amendment Act, 1943, are repealed. i943, c^28.

pealed.

• 16. This Act may be cited as The Lightning Rods Act, 1948. short title.

145

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No. 146

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Crown Timber Act.

Mr. Scott

T O R O NT O

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes
Section 1. Section 2a of the Act is new. It is self-explanatory.

Section 2. The sections of the present Act that deal with manu-
facturing conditions are re-enacted. The new provisions are self-
explanatory.

146

No. 146 1948

BILL

An Act to amend The Crown Timber Act.

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

1. The Croun Timber Act is amended bv adding thereto the^®o^» ^^^-

lOllowmg section: amended.

2a. — (1) Notwithstanding anything contained in anv P'*^®'" '■<'

1 •!* • ^,.^ .. increase or

general or special Act or in any Order-in-Council or decrease
regulation made pursuant thereto or in any license, ch^g^.
lease, agreement, permit or other document under
which the right to cut any kind or class of timber is
claimed or exercised, the Lieutenant-Governor in
Council may make regulations increasing or decreas-
ing the Crown dues payable in respect of any kind or
class of timber and increasing or decreasing the
annual ground rent and fire protection charge
payable in respect of any timber berth or limit or
concession area to take effect at a time to be specified
in such regulations.

(2) Where by the terms of an\' license, lease, agreement, idem,
permit or other docum;ent under which the right to
cut any kind or class of tim.ber is claimed or exercised,
a price is fixed for any kind or class of timber and
such price is stated to be inclusive of Crown dues or
a price is fixed without reference to Crown dues,
such price shall be deemed to be increased or de-
creased from time to time, as the case may be, by
the amount whereby Crown dues may be increased or
decreased under subsection 1 .

2. Section 4, section 5 as amended by section 2 of The^^^- stat..

• 111 '

Crown Timber Amendment Act, 1947, section 6 as amended byes. 4. 5. 6, 7.

section 2 of The Crown Timber Amendment Act, 7PJP, and sections ss. 8. 9.

7, 8 and 9 of The Crown Timber Act are repealed and the™'^*

following substituted therefor:

146

Manufac-

turinsr

conditions.

All licenses, leases, agreements, permits or other
documents heretofore or hereafter granted or made
under which the right exists to cut any kind or class
of timber on the ungranted public lands, or on
patented lands where the timber on them remains the
property of the Crown, shall be subject to the manu-
facturing conditions set out in the Schedule.

Suspension
of manu-
facturing
conditions.

5. The Lieutenant-Governor in Council may suspend the
operation of one or more of the manufacturing con-
ditions for such period as to him may seem proper,
and as to an>' district or districts which he may define
so as to permit the exportation of any kind or class
of timber in an unmanufactured or partially manu-
factured state during such period, and from such
district or districts.

Regulations. 6. The Lieutenant-Governor in Council may make such

regulations as may be necessary to enable the
Minister to carry into effect the object and intent of
the manufacturing conditions.

Penalties.

7. The Lieutenant-Governor in Council may prescribe
penalties that may be imposed for contravention
of any of the manufacturing conditions.

Rev. Stat.
c. 36,
amended.

3. The Crown Timber Act is amended by adding thereto
the following heading and section:

wasti:ful forest practices.

Wasteful
forest
practices
forbidden.

Regulations.

17. — (1) No person shall commit wasteful practices in
forest operations.

(2) The Lieutenant-Governor in Council may make
regulations, —

(a) defining wasteful practices in forest operations;
and

{b) prescribing the penalties that may be imposed
for contravention of any regulation made
under this section.

Recovery of
penalties.

(3) The penalties provided for by this section shall be
recoverable at the suit of and in the name of the
Minister in any court of competent jurisdiction.

4. Section 34 of The Crown Timber Act is amended by

Rev. Stat..
C. 36 R. .^4

amended. ' inserting after the word "Regulations" in the second line the

146

Section 3. This section, which deals with wasteful forest practices,
IS new. It is self-explanatory.

Section 4. The penalties imposed for wasteful forest practices are
recoverable by suit in court (see section 3 of the Bill) and not under The
Summary Convictions Act. The words added provide for this exception.

146

Section 5. The new Schedule deals with all Crown timber.

146

words "except the Regulations made pursuant to section 17",
so that the said section shall now read as follows:

34. The penalties imposed by or under the authority of penaitf^^. °'
this Act or of the Regulations, except the Regulations
made pursuant to section 17, shall be recoverable j^^^
under The Summary Convictions Act. o. i36.

5. Schedules A, B and C to The Crown Timber Act areRev. stat,,

c. 36

repealed and the following substituted therefor: s'cheds.

A. B. c.
repealed.
Sched.
enacted.

SCHEDULE

Manufacturing Conditions.

1. All timber that may be cut under the authority of The Crown

Timber Act shall, except as hereinafter provided, be manufac-
tured in Canada.

2. Felling and cutting trees into lengths shall not be deemed to be

manufacturing within the meaning of these conditions.

5. Timber that is used in Canada in an unmanufactured state for
fuel, building or other purposes shall not be subject to these
conditions.

6. This Act may be cited as The Croiun Timber Amendment Short title.
Act, 1948.

146

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No. 146

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Crown Timber Act.

Mr, Scott

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 146 1948

BILL

An Act to amend The Crown Timber Act.

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

1. The Crown Timber Act is amended by adding thereto the J^^e.^*^**'

following section: amended.

2a. — (1) Notwithstanding anything contained in any Power to

^ ' -lA • r^ • increase or

general or special Act or m any Order-m-Council or decrease

, . , , . ,, dues and

regulation made pursuant thereto or in any license, charges,
lease, agreement, permit or other document under
which the right to cut any kind or class of timber is
claimed or exercised, the Lieutenant-Governor in
Council may make regulations increasing or decreas-
ing the Crown dues payable in respect of any kind or
class of timber and increasing or decreasing the
annual ground rent and fire protection charge
payable in respect of any timber berth or limit or
concession area to take effect at a time to be specified
in such regulations.

(2) Where by the terms of any license, lease, agreement, idem,
permit or other document under which the right to
cut any kind or class of timber is claimed or exercised,
a price is fixed for any kind or class of timber and
such price is stated to be inclusive of Crown dues or
a price is fixed without reference to Crown dues,
such price shall be deemed to be increased or de-
creased from time to time, as the case may be, by
the amount whereby Crown dues may be increased or
decreased under subsection L

2. Section 4, section 5 as amended by section 2 of The'^^^^^^^^-
Crown Timber Amendment Act, 1947, section 6 as amended by^- ^^'^^-^e^^-
section 2 of The Crown Timber Amendment Act, 1939, and «8. 8^9^
sections 7, 8 and 9 of The Crown Timber Act are repealed ''®''®* ®
and the following substituted therefor:

146

Manufac-
turing
conditions.

4. All licenses, leases, agreements, permits or other
documents heretofore or hereafter granted or made
under which the right exists to cut any kind or class
of timber on the ungranted public lands, or on
patented lands where the timber on them remains the
property of the Crown, shall be subject to the manu-
facturing conditions set out in the Schedule.

Suspension
of manu-
facturing
conditions.

5. The Lieutenant-Governor in Council may suspend the
operation of one or more of the manufacturing con-
ditions for such period as to him may seem proper,
and as to any district or districts which he may define
so as to permit the exportation of any kind or class
of timber in an unmanufactured or partially manu-
factured state during such period, and from such
district or districts.

Regulations. 5 Yhe Lieutenant-Governor in Council may make such

regulations as may be necessary to enable the
Minister to carry into effect the object and intent of
the manufacturing conditions.

Penalties.

7. The Lieutenant-Governor in Council may prescribe
penalties that may be imposed for contravention
of any of the manufacturing conditions.

Rev. Stat.,
0. 36.
amended.

3. The Crown Timber Act is amended by adding thereto
the following heading and section:

WASTEFUL FOREST PRACTICES.

Wasteful
forest
practices
forbidden.

Regulations.

17. — (1) No person shall commit wasteful practices in
forest operations.

(2) The Lieutenant-Governor in Council may make
regulations, —

(a) defining wasteful practices in forest operations;

and

(b) prescribing the penalties that may be imposed

for contravention of any regulation made
under this section.

Recovery of
penalties.

(3) The penalties provided for by this section shall be
recoverable at the suit of and in the name of the
Minister in any court of competent jurisdiction.

^^^A ^*\'v 4. Section 34 of The Crown Timber Act is amended by
amended. inserting after the word "Regulations" in the second hne the

146

words "except the Regulations made pursuant to section 17",
so that the said section shall now read as follows:

34. The penalties imposed by or under the authority of p *naitfe8^ °'
this Act or of the Regulations, except the Regulations
made pursuant to section 17, shall be recoverable j^
under The Summary Convictions Act. c. la'e.

5. Schedules A, B and C to The Crown Timber Act areRev. stat..

c. 36

repealed and the following substituted therefor: s'cheds.

repealed;

Sched.

enacted.

SCHEDULE.

Manufacturing Conditions.

1. All timber that may be cut under the authority of The Crown

Timber Act shall, except as hereinafter provided, be manufac-
tured in Canada.

2. Felling and cutting trees into lengths shall not be deemed to be

manufacturing within the meaning of these conditions.

3. Timber that is used in Canada in an unmanufactured state for

fuel, building or other purposes shall not be subject to these
conditions.

6. This Act may be cited as The Crown Timber Amendment ^^ort title.
Act, 1948.

146

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No. 147

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act^to amendlThe Race Tracks Tax Act, 1939.

Mr. Frost

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note

The effect of the deletion of the proviso is that the rate of the tax may
be changed at any time.

147

No. 147 1948

BILL

An Act to amend The Race Tracks Tax Act, 1939.

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

1. Section 3 of The Race Tracks Tax Act, 1939, is amended 1939.

by striking out the words "provided that the rate of the tax ame^ndec?.'
shall not be changed in any calendar year after the commence-
ment of the first race meeting in such year at which a pari-
mutual system is operated" at the end thereof, so that the
said section shall now read as follows:

3. Every holder of a winning ticket issued under the pari- Tax on beta
mutual system upon a race run at any race meeting on racing,
shall pay a tax at the rate of five per centum or such
other rate as the Lieutenant-Governor in Council
may prescribe upon the amount which would be
payable to him if no percentage were deducted or
retained by the person holding the race meeting in
respect of such race, and the said tax shall be col-
lected by the person holding the race meeting as the
agent of the Treasurer by deducting from the total
amount bet or wagered upon such race, a sum equal
to five per centum or such other rate as may be
prescribed of the amount so bet or wagered, and such
sum shall be paid over to the Treasurer at the close
of each day's racing.

2. This Act shall come into force on the day upon which itcommence-
receives the Royal Assent.

3. This Act may be cited as The Race Tracks Tax Amend- ^^^^^ *'"«•
ment Act, 1948.

147

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No. 147

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Race Tracks Tax Act, 1939.

Mr. Frost

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 147 194g

BILL

An Act to amendfThe Race Tracks Tax Act, 1939.

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

1. Section 3 of The Race Tracks Tax Act, 1939, is amended 1939.

by striking out the words "provided that the rate of the tax ame^ndecf.'
shall not be changed in any calendar year after the commence-
ment of the first race meeting in such year at which a pari-
mutual system is operated" at the end thereof, so that the
said section shall now read as follows:

3. Every holder of a winning ticket issued under the pari- Tax on bets

, . and stakes

mutual system upon a race run at any race meetmgon racing,
shall pay a tax at the rate of five per centum or such
other rate as the Lieutenant-Governor in Council
may prescribe upon the amount which would be
payable to him if no percentage were deducted or
retained by the person holding the race meeting in
respect of such race, and the said tax shall be col-
lected by the person holding the race meeting as the
agent of the Treasurer by deducting from the total
amount bet or wagered upon such race, a sum equal
to five per centum or such other rate as may be
prescribed of the amount so bet or wagered, and such
sum shall be paid over to the Treasurer at the close
of each day's racing.

2. This Act shall come into force on the day upon which it commence-
receives the Royal Assent.

3. This Act may be cited as The Race Tracks Tax Amend-ShoTt title.
ment Act, 1948.

147

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No. 148

4th Session, 22nd Li:(;isi..\turi:, Ontario
12 George VI, 1948

BILL

An Act to amend The Workmen's Compensation Act.

Mr. Daley

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes

Section 1. The words "and all expenses arising out of the establish-
ment, maintenance and operation of mine rescue stations as provided by
The Mining Act" are added in order to bring the Act into accord with the
present practice.

Section 2. The effect of the deletion of the opening words is to
require the accident notice to be given to the Board in all cases. At
present the notice is given only when the compensation is payable out of
the accident fund.

Section 3. Subsection 1 and subsection 9 of section 35 of the Act
establishes the amounts of compensation that are payable to the dependents
of a workman whose death has occurred as the result of an industrial ac-
cident or disease. These provisions are consolidated for convenience of
reference and are simplified.

The repeal of subsection 9 of section 35 of the Act will result in in-
creased benefits in some instances.

148

No. 148

1948

BILL

An Act to amend The Workmen's Compensation Act.

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

1. Clause b of subsection 1 of section 1 of The Workmen' s^^"^- stat..
Compensation Act is repealed and the following substituted siibs. if ci. '6,

therefor: re-enacted.

(b) "Accident Fund" shall mean the fund provided for p^^^'.'?®''*
the payment of compensation, outlays and expenses
under the Act in respect of Schedule 1, the salaries
of the Commissioners and all expenses arising out of
the establishment, maintenance and operation of
mine rescue stations as provided by The Mining^^^j stat..
Act.

2. Subsection 4 of section 19 of The Workmen' s Compensa-B.ev. stat.,
tion Act is amended by striking out the words "Where thesubs. 4, '
compensation is payable out of the accident fund" in the first *'"®"*^® '
and second lines, so that the said subsection shall now read

as follows:

(4) The notice shall also be given to the Board by^°*{.^®*°
delivering it to or at the office of the secretary or by
sending it to him by registered post addressed to his
office.

3_(1) Subsection 1 of section 35 of The Workmen's Com- ^^04^*8^*35.
pensation Act, as re-enacted by subsection 1 of section 2 of ^5J^|^'^- ^^
The Workmen's Compensation Amendment Act, 1947, and c^ii^^s. 2,
subsection la of the said section 35, as enacted by subsection 1 re-enacted,
of section 2 of The Workmen's Compensation Amendment Act,
1947, are repealed and the following substituted therefor:

case

(1) Where death has resulted from an injury irrespective ^°^Pn*"J||
of the date of the accident, the amount of the com- of death
pensation shall be, —

{a) the necessary expenses of the burial of the
workman not exceeding $125;

148

(b) where owing to the circumstances of the case

the body of the workman is transferred for a
considerable distance for burial, a further
sum not exceeding $125 for necessary extra
expenses of the burial thus entailed;

sole dependant, a monthly payment of $50;

(d) where the dependants are a widow or an

invalid husband and one or more children, a
monthly payment of S50, with an additional
monthly payment of $12 to be increased upon
the death of the widow or invalid husband to
$20 for each child under the age of sixteen
years;

(e) where the dependants are children, a monthly

payment of $20 to each child under the age of
sixteen years;

(/) where the dependants are persons other than
those mentioned in clauses c to e, a sum
reasonable and proportionate to the pecuniary
loss to such dependants occasioned by the
death, to be determined by the Board.

Education (1^) Where in the opinion of the Board the furnishing

of further or better education to a child appears
advisable, the Board in its discretion may on appli-
cation extend the period to which compensation shall
be paid in respect of the child for such additional
period as is spent by the child in the furthering or
bettering of its education but in no case beyond the
age of eighteen years.

Compensa- (J J) Exclusive of the expenses of burial of the workman

to exceed and the lump sum of $100 the compensation payable

percentage -j j i i ^- i u 11 ^ •

of wages as provided by subsection 1 snail not in any case

cases^ ^^^ exceed sixty-six and two-thirds per centum of the

average earnings of the workman mentioned in
section 38, and if the compensation payable under
that subsection would in any case exceed that per-
centage it shall be reduced accordingly, but this
subsection shall not operate to reduce the com-
pensation for the dependants mentioned in clauses
c, d and e of subsection 1, provided the total monthly
compensation does not exceed $100.

^^204^8^*35, (2) Subsection 9 of the said section 35, as re-enacted by
a943.^ subsection 5 of section 6 of The Workmen's Compensation Act,

Bubl'6)^' ^^'^^ ^"^ amended by subsection 2 of section 2 of The Work-
repealed, men's Compensation Amendment Act, 1947, is repealed.

148

Section 4. Subsection la of section 35 provides for continuing the
education of a child after he becomes sixteen years of age and subsection 6
of section 35 provides for payments to an invalid child without regard to
age.

148

(3) The increases in the amount of compensiition payable ^^®^gg*"^-^
under The Workmen's Compensation Act in cases of injury apply,
resulting in death shall apply to all pension payments accruing
after the coming into effect of this section, whether the acci-
dent happened before or happens after that date, and whether
the award of compensation was made before or is made
after that date, but nothing in this section shall entitle any
person to claim additional compensation for any period prior
to the coming into effect of this section.

4. Section 37 of The Workmen's Compensation Act, asRev. stat..
amended by section 7 of The Workmen's Compensation >lc/, amended.
1943, is further amended by striking out the words, letter and

figure "clause/ of subsection 1" in the amendment of 1943,
and inserting in lieu thereof the word, figure and letter "sub-
section la", so that the said section shall now read as follows:

37. Subject to the provisions of subsection la of section 35 when pay-
and subsection 6 of section 35 a monthly payment m child to
respect of a child shall cease when the child attains
the age of sixteen years or dies.

5. This Act shall come into force on the day upon which it ment"<ff"A^ct
receives the Royal Assent and section 3 shall have effect as

from the 1st day of July, 1948.

6. This Act may be cited as The Workmen's Compensation ®*^°'"^ ^'*^®-
Amendment Act, 1948.

148

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No. 148

4th Session, 22nd Lkgislaturk, Ontario
12 George VI, 1948

BILL

An Act to amend The Workmen's Compensation Act.

Mr. Daley

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 148 ,94g

BILL

An Act to amend The Workmen's Compensation Act.

HIS MAJESTY, b>- and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:

1. Clause b of subsection 1 of section 1 of The TFor^tmen'^Re^'- Stat..
Compensation Act is repealed and the following substituted subs.'^ifbiVft.

therefor: re-enacted.

{b) "Accident Fund" shall mean the fund provided for pun^'.*?®"*
the payment of compensation, outlays and expenses
under the Act in respect of Schedule 1, the salaries
of the Commissioners and all expenses arising out of
the establishment, maintenance and operation of
mine rescue stations as provided by The Mining'^^^j^^^^-
Act.

2. Subsection 4 of section 19 of The Workmen's Compensa-B.ev. stat.,
tion Act is amended by striking out the words "Where thesiibs-^if' ^^'
compensation is payable out of the accident fund" in the first ^'"®"**®**'
and second lines, so that the said subsection shall now read

as follows:

(4) The notice shall also be given to the Board by^°^j.^®***
delivering it to or at the office of the secretary or by
sending it to him by registered post addressed to his
office.

3. — (1) Subsection 1 of section 35 of The Workmen's Com- ^®J64^ 8**35,
pensation Act, as re-enacted by subsection 1 of section 2 of ^^^|-^' ^' ^^
The Workmen's Compensation Amendment Act, 1947, and c^ii^^". 2.
subsection la of the said section 35, as enacted by subsection 1 re-enacted,
of section 2 of The Workmen' s Compensation Amendment Act,
1947, are repealed and the following substituted therefor:

(1) Where death has resulted from an injury irrespectiv^e ^j^JJ^Pf "|^
of the date of the accident, the amount of the com-of «*eath.
pensation shall be, —

(a) the necessar>- expenses of the burial of the
workman not exceeding $125;

148

(b) where owing to the circumstances of the case

the body of the workman is transferred for a
considerable distance for burial, a further
sum not exceeding SI 25 for necessary extra
expenses of the burial thus entailed;

sole dependant, a monthly payment of S50;

(d) where the dependants are a widow or an

invalid husband and one or more children, a
monthly payment of $50, with an additional
monthly payment of $12 to be increased upon
the death of the widow or invalid husband to
$20 for each child under the age of sixteen
years ;

(e) where the dependants are children, a monthly

payment of $20 to each child under the age of
sixteen years;

education. (^^) Where in the opinion of the Board the furnishing

uon^not^^" (^^) Exclusive of the expenses of burial of the workman

percerfta^e ^"*^ ^^^ lump sum of $100 the compensation payable

of wages as provided by subsection 1 shall not in anv case

in certain ' , . . , , • , ' r i

cases. exceed sixty-six and two-thirds per centum oi the

average earnings of the workman mentioned in
section 38, and if the compensation payable under
that subsection would in any case exceed that jxr-
centage it shall be reduced accordingly, but this
subsection shall not operate to reduce the com-
pensation for the dependants mentioned in clauses
c, d and e of subsection 1 , provided the total monthly
compensation does not exceed $100.

c.*204, 8**35. (2) Subsection 9 of the said section 35, as re-enacted by
a943f subsection 5 of section 6 of The Workmen's Compensation Act,

^'.kZ'I'n^' ^^43 and amended by subsection 2 of section 2 of The Work-

SUDS. 5), » ^ • 1 J

repealed. men s Compensation Amendment Act, 1947, is repealed.
148

(3) The increases in the amount of compensation P^Y'i^Ie ^^^^'^^''^'^^
under The Workmen's Compensation Act in cases of injury app'y-
resulting in death shall apply to all pension payments accruing
after the coming into effect of this section, whether the acci-
dent happened before or happens after that date, and whether
the award of compensation was made before or is made
after that date, but nothing in this section shall entitle any
person to claim additional compensation for an>' period prior
to the coming into effect of this section.

4. Section 37 of The Workmen's Compensation Act, asRev.stat..

c 204 8 3T

amended by section 7 of The Workmen's Compensation Act, amended.
1943, is further amended by striking out the words, letter and
figure "clause/ of subsection 1" in the amendment of 1943,
and inserting in lieu thereof the word, figure and letter "sub-
section la", so that the said section shall now read as follows:

37. Subject to the provisions of subsection \a of section 35 when pay-
and subsection 6 of section 35 a monthly payment in^^^'g** *«
respect of a child shall cease when the child attains
the age of sixteen years or dies.

5. This Act shall come into force on the day upon which it ^°;ft'"o?Ac't.
receives the Royal Assent and section 3 shall have effect as

from the 1st day of July, 1948.

6. This Act may be cited as The Workmen's Compensation^^''^^ ^'^^*-
Amendment Act, 1948.

148

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No. 149

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

The Department of Public Welfare Act, 1948.

Mr. Goodfellow

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes

Sections 1 and 2. These sections do not differ in principle from the
corresponding provisions of the present Act.

Section 3. The present provision, which is in general terms, is
reduced to the more specific form here used.

149

No. 149 1943

BILL

The Department of Public Welfare Act, 1948.

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

1. In this Act, — interpre-

tation,—

(a) "Department" means Department of Public Welfare; "Depart-

, ment ';

and

(b) "Minister" means Minister of Public Welfare. R.S.O. "Minister".

1937, c. 61, s. 1; 1946, c. 21, s. 1, amended.

2. There shall be a department of the public service of Creation of
Ontario to be known as the "Department of Public Welfare"

over which the Minister shall preside and have charge.
R.S.O. 1937, c. 61, s. 2.

3. The Minister shall be responsible for the administration Jurisdiction
of the following Acts and such other Acts as may be assigned

to him by the Lieutenant-Governor in Council, —

R.S.O. 1937, c. 61, s. 3; 1946, c. 21, s. 2, amended.

(a) The Adoption Act;

(b) The British Child Guests Act, 1941;
{c) The Charitable Institutions Act;

(d) The Children of Unmarried Parents Act;

(e) The Children's Protection Act;
(/) The Day Nurseries Act, 1946;

{g) The District Homes for the Aged Act, 1947;
(h) The Homes for the Aged Act, 1947;
149

(*) The Mothers' Allowance Act, 1948;

(j) The Old Age Pensions Act, 1948; and

{k) The Unemployment Relief Act, 1935. New.

MiXter/ *• The Minister may —

(o) institute inquiry into and collect information and
statistics relating to all matters of public welfare;

(6) disseminate information in such manner and form
as may be found best adapted to promote public
welfare ;

(c) secure the observance and execution of the provisions
of all Acts and regulations dealing with matters
of public welfare;

{d) cause investigation to be made into all activities,
agencies, organizations, associations or institutions
having for their object the social welfare or care of
men, women or children in Ontario and which are
not under the control of any other department of the
public service of Ontario; and

(e) declare any institution or organ izati(?n to be a
charitable institution. R.S.O. 1937, c. 61, s. 4;
1946, c. 21, s. 3 (2), amended.

Annual 5. — (1) xhe Minister shall after the close of each fiscal

year file with the Provincial Secretary an annual report upon
the affairs of the Department.

Tabling. (2) The Provincial Secretary shall submit the report to the

Lieutenant-Governor in Council and shall then lay the report
before the Assembly, if it is in session, or if not, at the next
ensuing session. R.S.O. 1937, c. 61, s. 5; 1946, c. 21, s. 4,
amended.

Control over Q^ fhe Lieutenant-Govemor in Council may, —

institutions.

(a) declare any institution or organization having chari-
table objects or purposes, or any class or classes of
such institutions or organizations, to be subject to
the control of the Minister; and

(6) make regulations governing the operation and activi-
ties of institutions and organizations which are
declared to be subject to the control of the Minister
under this section, including regulations governing

149

onTn^t nlit^rf P°"^^ ^° ^"^ '^ substantially the same a.

section 4 of the present Act

Section 5. Self-explanatory.

Section 6. This section corresponds to section 6 of the present Act.
Its purpose is the same but it has been re-drafted with a view to clarification.

149

the procuring of funds from the public and the
application thereof by such institutions and organi-
zations. R.S.O. 1937, c. 61, s. 6, amended.

7. The Department of Public Welfare Act and The Depart- c.^ei , * "
ment of Public Welfare Amendment Act, 1946, are repealed. Jlpeaied. '

8. This Act may be cited as The Department of Public Short title.
Welfare Act, 1948.

149

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No. 149

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

The Department of Public Welfare Act, 1948.

Mr. Goodfellow

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 149 1948

BILL

The Department of Public Welfare Act, 1948.

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

1. In this Act, — interpre-

tation,—

(a) "Department" means Department of Public Welfare : "Depart-
and '""'^^"•

(b) "Minister" means Minister of Public Welfare. R.S.O. "Minister".

1937, c. 61, s. 1; 1946, c. 21, s. 1, amended.

2. There shall be a department of the public service of creation of
Ontario to be known as the "Department of Public Welfare" ^^^^ '^^^ '
over which the Minister shall preside and have charge.

R.S.O. 1937, c. 61, s. 2.

3. The Minister shall be responsible for the administration Jurisdiction
of the following Acts and such other Acts as may be assigned ° '°'^ ^^'
to him by the Lieutenant-Governor in Council, —

R.S.O. 1937, c. 61, s. 3; 1946, c. 21, s. 2, amended.

(a) The Adoption Act;

(b) The British Child Guests Act, 1941;

(d) The Children of Unmarried Parents Act;

(e) The Children's Protection Act;
(/) The Day Nurseries Act, 1946;

{g) The District Homes for the Aged Act, 1947;
(h) The Homes for the Aged Act, 1947;
149

(i) The Mothers' Allowances Act, 1948:

(j) The Old Age Pensions Act, J 948; and

(k) The Unemployment Relief Act, J 935. New.

Powere of 4. The Minister may, —

(a) institute inquiry into and collect information and
statistics relating to all matters of public welfare;

(&) disseminate information in such manner and form
as may be found best adapted to promote public
welfare ;

of all Acts and regulations dealing with matters
of public welfare;

(d) cause investigation to be made into all activities,
agencies, organizations, associations or institutions
having for their object the social welfare or care of
men, women or children in Ontario and which are
not under the control of any other department of the
public service of Ontario; and

(e) declare any institution or organization to be a

charitable institution. R.S.O. 1937, c. 61, s. 4;
1946, c. 21, s. 3 (2), amended.

Annual 5. — (1) The Minister shall after the close of each fiscal

year file with the Provincial Secretary an annual report upon
the affairs of the Department.

Tabling. (2) The Provincial Secretary shall submit the report to the

Lieutenant-Governor in Council and shall then lay the report
before the Assembh % if it is in session, or if not, at the next
ensuing session. R.S.O. 1937, c. 61, s. 5; 1946, c. 21, s. 4,
amended.

Control over 6. The Lieutenant-Governor in Council may, —

oharitable
Institutions.

(a) declare any institution or organization having chari-

table objects or purposes, or any class or classes of
such institutions or organizations, to be subject to
the control of the Minister; and

(b) make regulations governing the operation and activi-

ties of institutions and organizations which are
declared to be subject to the control of the Minister
under this section, including regulations governing

149

the procuring of funds from the public and the
application thereof by such institutions and organi-
zations. R.S.O. 1937, c. 61, s, 6, amended.

7. The Department of Public Welfare Act and The Depart- f.^ei^^^^"
ment of Public Welfare Amendment Act, 1946, are repealed. Jlpeaied?^'

8. This Act may be cited as The Department of Public Short title.
Welfare Act, 1948.

149

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No. 150

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

The Old Age Pensions Act, 1948.

Mr. Goodfellow

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note

This Bill revises the present Act which has not been revised in many
years. Its provisions are simplified.

Generally speaking the provisions of this Bill are the same in principle
as those in the present Act. However, certain sections have been amended
to conform with the amendments recently made to the Old Age Pensions
Act (Canada).

Provision is made so that this Act will conform with The Welfare
Units Act, see Bill No. 152, 1948.

150

«o^ ISO ,„,

BILL

The Old Age Pensions Act, 1948.

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

1. In this Act,- j^^^p^,

tation, —

(a) "Commission" means The Old Age Pensions Com- "Commis-
mission appointed under this Act; ®'*''^":

(6) "investigator" means any person designated as such "investi-
under the regulations; gator";

the public welfare administrator, and where there ^"*'^°'""''"'
is no welfare unit means the clerk of the municipality
or such other person as the council with the approval
of the Minister may appoint, and in unorganized
territory means an investigator;

(d) "local board" means local board provided for in the-iocai
regulations; board";

(e) "Minister" means Minister of Public Welfare; "Mmfster";

(/) "pension" means a pension payable as an old age "pension";
pension or a blind pension under the Old Age Pensions r.s.c.
Act (Canada) or any other Act of the Parliament of °- ^^^•
Canada and "pensioner" has a corresponding mean-
ing; and

(s) "regulations"- means regulations made under this Act. ".reguia-
TLT tions".

New.
2. — (1) The Minister with the approval of the Lieutenant- Aprreement

^ ^ . ^ ., .^ . , , ^"h Domi-

Governor in Council may enter into an agreement with the nion oovem-
Minister of Nafional Health and Welfare with the approval authorized,
of the Governor-General in Council as to a general scheme of
old age pensions or blind pensions, or both, in Ontario pursuant
to any Act of the Parliament of Canada and for the payment
by Canada to Ontario quarterly of an amount equal to one-

150

half or more of the net sum paid out during the preceding
quarter by Ontario for old age pensions or blind pensions, or
both, pursuant to this Act. R.S.O. 1937, c. 314, s. 2; 1944,
c. 43, s. 1 (1), amended.

Change in
scheme.

(2) No change shall be made in any scheme for old age
pensions or blind pensions that has been approved by the
Governor-General in Council, by regulations or otherwise,
except with the approval of the Governor-General in Council,
R.S.O. 1937, c. 314, s. 17, part, amended.

Old Age 3. — (1) The Lieutenant-Governor in Council may appoint

Pensions ^ i ■

Commission, one, two or three persons as a commission to be known as
The Old Age Pensions Commission.

Chairman.

(2) Where the Commission consists of more than one
person, the Lieutenant-Governor in Council may designate
one of them as chairman.

Quorum. ^3^ Where the Commission consists of three persons, a

majority shall be a quorum. New.

Duties of
Commis-
sion.

4. It shall be the duty of the Commission, —
(a) to receive applications for pensions; and

(b) to determine the eligibility of each applicant for a
pension and where the applicant is eligible, to deter-
mine the amount thereof and direct payment accord-
ingly. New.

Dedsions 5 Subject to the right of the Commission to rescind or

amend any determination or direction made by it, ever>-
determination and direction of the Commission shall be final
and shall not be subject to review^ by any court of law or
otherwise. New.

Pension not
liable to

6. Every pension shall be exempt from provincial and
taxation, municipal taxes and shall not be subject to garnishment or

sattachments, ' . , , j u 11 u

«tc. attachment or seizure or any legal process and shall be un-

assignable. R.S.O. 1937, c. 314, s. 9. Amended.

When pen-
sion to be
paid to
trustee.

7. In the case of any pensioner, —

(a) who, in the opinion of the Commission, is using or
likely to use his pension otherwise^ than for his own
benefit or is incapacitated or incapable of managing
his affairs;

(b) for whom a committee or trustee has been appointed ;
or

150

(c) who consents to the payment of the pension to a
person who is undertakinii: or liable for his main-
tenance and care,

the Commission may direct that the pension shall be paid to
a trustee or other person to be expended for the benefit of
the pensioner. R.S.O. 1937, c. 314, s. 13, amended.

8. The receipt of a pension shall not by itself disqualify any Pensioners
person from voting at any provincial or municipal election. SSLn fled
R.S.O. 1937, c. 314, s. 15. ''•«'" ^°""«-

9. Where a pension has been paid and upon audit by Refusal by
officials of the Government of Canada, the Government of oo!?yr"nm"ent
Canada refuses to pav anv amount in respect thereof, all^^l,!^!'®,.
payments which at that time have been made shall be deemed

to be expenses incurred in the administration of this Act.
New.

10. Where a pension has been paid and officials of theover-
Government of Canada, upon an audit, rule that overpay- ^*^'"®"*''*
ments have been made to the pensioner, the Lieutenant-
Governor in Council may direct that the amount of such
overpayments shall be deemed to be expenses incurred in the
administration of this Act. New.

11. If under the authority of the Parliament of Canada, Right to
or for any other reason whatsoever, the Government of Canada cease'pn °
ceases to make the contributions provided for under the OW failure" to"''
Age Pensions Act (Canada), or any other Act of the Parlia-*'""'"'^"^®-
ment of Canada pursuant to which pensions are paid under ^'^jg-
this Act, or fails to carry out the agreement entered into under

the authority of this Act, the right to the granting or con-
tinuance of any pension under this Act shall thereupon cease
and determine and no further payment of pensions shall be
made under this Act. R.S.O. 1937, c. 314, s. 10.

12. — (1) The Commission shall be entitled to recover out Recovery
of the estate of any deceased pensioner, as a debt due by the payments
pensioner to the Commission, the sum of the pension pay- deceased ^
ments made to such pensioner from time to time. estafe."*"^**

(2) No claim shall be made by the Commission for the Right not
recovery of such debt directly or indirectly out of any part of property
the pensioner's estate that passes by will or on any intestacy a^th"e*^r **
to any other pensioner or to any person who has, since the P«'J^'*J,"/^on
grant of such pension or for the last three years during which maintaining,
such pension was paid, regularly contributed to the support
of the pensioner by the payment of money or otherwise to the
extent which, having regard to the means of the person so
having contributed, is considered to be reasonable. R.S.O.
1937, c. 314, s. 11, amended.

150

?f^gSce"°" 13— (1) Notice (Form 1) of the granting of a pension to
any person may be registered in the proper registry or land
titles ofifice, and shall set out, —

(a) the name and residence of the person to whom a
pension has been granted;

(b) the date when the pension was granted ;

Rev. Stat.,
c. 174.

(c) a description of the land owned by a pensioner or in
which he has any interest, sufficient for the purpose
of registration, and, where the land is registered under
The Land Titles Act, a reference to the number of
the parcel of the land and to the register in which such
land is registered in the land titles office. R.S.O.
1937, c. 314, s. 12 (1).

ff^notS.'^ (2) The notice shall be in duplicate, signed by any member

of the Commission and verified by his affidavit (Form 2).
R.S.O. 1937, c. 314, s. 12 (2), amended.

against (^) Upon registration the notice shall operate as a charge

lands. against the lands described therein in an amount equal to the

amount of pension paid to the pensioner as of the date of the
discharge of the notice or the date of the death of the pensioner,
whichever is the earlier. R.S.O. 1937, c. 314, s. 12 (3),
amended.

Registration (4) The fee for registration of the notice shall be seventy-
five cents. R.S.O. 1937, c. 314, s. 12 (4).

of'n^ottce.— (^) -^ notice registered under the provisions of this section
may be discharged by a certificate (Form 3) signed by any
member of the Commission, accompanied by an affidavit
of execution. R.S.O. 1937, c. 314, s. 12 (5), amended.

fee.

(6) The fee for registration of a discharge shall be fifty cents.
R.S.O. 1937, c. 314, s. 12 (6), amended.

Regulations. 14. xhe Lieutenant-Governor in Council may make
regulations, —

(a) governing the manner of making application for a

pension ;

(b) providing for the suspension and cancellation of

pensions;

sioners or any class or group thereof;

150

(d) providing for the whole or part of the cost of providing
medical and dental services to pensioners or any
class or group thereof;

(e) providing for the designation of persons as inves-

tigators and prescribing their powers and duties;

(/) prescribing the powers and duties of local authorities;

(g) providing for the payment of the expenses incurred by
local authorities in connection with this Act, and
their remuneration;

(h) providing for the appointment of local boards and
prescribing their powers and duties;

(i) providing for the furnishing of notices and information
by local authorities to the Commission and by the
Commission to local authorities;

(j) providing for the making of investigations, respecting
persons to whom pensions may be paid or who are
in receipt of pensions or by whom or on whose behalf
application has been made for a pension;

(k) prescribing the material or proof of any fact, including
evidence under oath, that shall be furnished as a
condition precedent to the payment of a pension;

(/) fixing the intervals at which and the manner in which
pensions shall be paid ;

(m) prescribing forms for use under this Act; and

(n) respecting any other matter necessary or advisable
to carry out effectively the purposes of this Act.

15. — (1) Where there is no welfare unit the council of any Local
municipality not within a welfare area may, subject to the l^^^^f'^*/-—
approval of the Minister, appoint any person as the local ment of.
authority for such municipality for the purposes of this Act,
but until such an appointment is made the clerk of such
municipality shall be the local authority.

(2) Every local authority shall, for the purposes of this Act, J^khur^^
be a commissioner for taking affidavits within the meaning of
The Commissioners jor taking Affidavits Act. New. SYai!***"

16. Pensions and the expenses of administration of this Act Pensions and
shall be payable out of such moneys as may be appropriated how payable,
therefor by the Legislature. R.S.O. 1937, c. 314, s. 18, amended.

150

17. The Old Age Pensions Act, section 25 of The Statute

Rev. Stat.,
C. 314; 1939.

1944' c" 43' "^^^ Amendment Act, 1939, and The Old Age Pensions Amend-
repeaied. ' ment Act, 1944, are repealed.

me™t"oTAct. ^^' ^^'® ^^^ ^^^^^ come into force on a day to be named by
the Lieutenant-Governor by his Proclamation.

Short title. 19 jj^jg p^^^ j^^y tjg ^.j^gjj ^g Yhe Old Age Pensions Act,
1948.

150

SCHEDULE OF FORMS

FORM 1.

Notice Granting Old Age Pension

{Referred to in subsection 1 of section 13)

If , of the City Toronto,

in the County of York, , hereby give notice

that on the day of , 19 , an old age

pension, under the provisions of The Old Age Pensions Act, 1948, was

granted to

(Name of Pensioner)

of the of in the

{County or District)
of

{Occupation)

The following is a description of the land which the said

owns or has an interest in:

{Name of Pensioner)

{Description of Land)

This notice is given for the purpose of registration in the

of the

{Registry or Land Titles Office)

{City, County or District)

Dated at Toronto this day of.

19....

R.S.O. 1937, c. 314, Form 1.

FORM 2.

Affidavit Verifying Notice.

{Referred to in subsection 2 of section 13)

J , of the City of Toronto,

in the County of York, ..* .■.'.'.'.' .' make oath and say:

That the facts set out in the attached notice are true.

SWORN before me at the

in the -9^

, this

day of

19....

{A Commissioner for taking Affidavits.)
R.S.O. 1937, c. 314, Form 2, amended.

150

FORM 3.

Certificate of Discharge.

{Referred to in subsection 5 of section 13)

The Notice dated the day of , 19 ,

and registered as No in the ;

{Registry or Land Titles Office)

for the of , in respect of

{Description of Land)
IS discharged.

Dated at Toronto this day of.

19....

R.S.O. 1937, c. 314, Form 3, amended.

150

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No. 150

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

The Old Age Pensions Act, 1948.

Mr. Goodfellow

(Reprinted as amended in Committee of the Whole House.)

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note

This Bill revises the present Act which has not been revised in many
years. Its provisions are simplified.

Provision is made so that this Act will conform with The Welfare
Units Act, see Bill No. 152, 1948.

150

No. 150 „^

BILL

The Old Age Pensions Act, 1948.

TT IS MAJESTY, by and with the advice and consent of
XX the Legislative Assembly of the Province of Ontario
enacts as follows: '

1. In this Act- i„^^p^.

tation, —

(a) "Commission" means The Old Age Pensions Com-"Commi8-
mission appointed under this Act; ^'°'^"'

(b) "investigator" means any person designated as such "investi-
under the regulations; gator";

the public welfare administrator, and where there ^"*''°'^*^"'
is no welfare unit means the clerk of the municipality
or such other person as the council with the approval
of the Minister may appoint, and in unorganized
territory means an investigator;

(d) "local board" means local board provided for in the-iocai
regulations; board";

(e) "Minister" means Minister of Public Welfare; "Minister";

(s) "regulations" means regulations made under this Act. "reguia-

T.T tions".

New.

2. — (1) The Minister with the approval of the Lieutenant- Agreement
^ . „ ., . . 1 . '^^^^ Doml-

(jovernor in Council may enter into an agreement with the nion Oovern-

Minister of National Health and Welfare with the approval authorized.

of the Governor-General in Council as to a general scheme of

old age pensions or blind pensions, or both, in Ontario pursuant

to any Act of the Parliament of Canada and for the payment

by Canada to Ontario quarterly of an amount equal to one-

150

Change in
scheme.

Old Age 3. — (1) The Lieutenant-Governor in Council may appoint

Pensions , . -if

Commission, one, two or three persons as a commission to be known as
The Old Age Pensions Commission.

Chairman.

(2) Where the Commission consists of more than one
person, the Lieutenant-Governor in Council may designate
one of them as chairman.

Quorum. ^3^ Where the Commission consists of three persons, a

majority shall be a quorum. New.

Duties of
Commis-
sion.

4. It shall -be the duty of the Commission, —

(a) to receive applications for pensions; and

(b) to determine the eligibility of each applicant for a

pension and where the applicant is eligible, to deter-
mine the amount thereof and direct payment accord-
ingly. New.

flifai^'°"^ 5. Subject to the right of the Commission to rescind or

amend any determination or direction made by it, every
determination and direction of the Commission shall be final
and shall not be subject to review by any court of law or
otherwise. New.

6. Every pension shall be exempt from provincial and

Pension not

liable to 1111.

taxation, municipal taxes and shall not be subject to garnishment or

attachments, "^ . ■' 1 1 n 1

etc. attachment or seizure or any legal process and shall be un-

assignable. R.S.O. 1937, c. 314, s. 9. Amended.

When pen-
sion to be
paid to
trustee.

7. In the case of any pensioner, —

(a) who, in the opinion of the Commission, is using or
likely to use his pension otherwise than for his own
benefit or is incapacitated or incapable of managing
his affairs;

(b) for whom a committee or trustee has been appointed ;
or

150

(c) who consents to the payment of the pension to a
person who is undertakini? or liable for his niain-
tenance and care,

the Commission may direct that the pension shall be paid to
a trustee or other person to be expended for the benefit of
the pensioner. R.S.O. 1937, c. 314, s. 13, amended.

8. The receipt of a pension shall not by itself disqualify any Pensioners
person from voting at anv provincial or municipal election. JSaHfted
R.S.O. 1937, c. 314, s. 15. '^^°"' ^o"n«-

9. Where a pension has been paid and upon audit by Refusal by
officials of the Government of Canada, the Government of oovymmint
Canada refuses to pay any amount in respect thereof, thep^^VJ^^®^
Lieutenant-Governor in Council rra\- direct that all payments

which at that time have been made shall be deemed to be
expenses incurred in the administration of this Act. New.

10. Where a pension has been paid and officials of the Over-
Government of Canada, upon an audit, rule that overpay- '*^^''"®"***
ments have been made to the pensioner, the Lieutenant-
Governor in Council may direct that the amount of such
overpayments shall be deemed to be expenses incurred in the
administration of this Act. New.

11. If under the authority of the Parliament of Canada, Right to
or for any other reason whatsoever, the Government of Canada ceuse'on °
ceases to make the contributions provided for under the Old (Ifi^^^'^fll^'^
Age Pensions Act (Canada), or any other Act of the Parlia-*''*"'^"'*"'®-
ment of Canada pursuant to which pensions are paid under ^■^^•'
this Act, or fails to carry out the agreement entered into under

12. — (1) The Commission shall be entitled to recover out Recovery
of the estate of any deceased pensioner, as a debt due by the payments
pensioner to the Commission, the sum of the pension pay- decea-sed _
ments made to such pensioner from time to time. e^ta't'e."*'^''

(2) No claim shall be made by the Commission for the Right not
recovery of such debt directly or indirectly out of any part of ^''ropeny ^
the pensioner's estate that passes by will or on any intestacy pa«f^"K.*«
to any other pensioner or to any person who has, since the P«'Jo''pe%on
grant of such pension or for the last three years during which maintaining,
such pension was paid, regularly contributed to the support
of the pensioner by the payment of money or otherwise to the
extent which, having regard to the means of the person so
having contributed, is considered to be reasonable. R.S.O.
1937, c. 314, s. 11, amended.

150

?f®n!ftice"°" 13.— (1) Notice (Form 1) of the granting of a pension to
any person may be registered in the proper registry or land
titles office, and shall set out, —

(a) the name and residence of the person to whom a
pension has been granted;

(b) the date when the pension was granted;

Rev. Stat.,
c. 174.

of^noti*ce" (2) '^^^ notice shall be in duplicate, signed by any member

of the Commission and verified by his affidavit (Form 2).
R.S.O. 1937, c. 314, s. 12 (2), amended.

Charge
against
lands.

(3) Upon registration the notice shall operate as a charge
against the lands described therein in an amount equal to the
amount of pension paid to the pensioner as of the date of the
discharge of the notice or the date of the death of the pensioner,
whichever is the earlier. R.S.O. 1937, c. 314, s. 12 (3),
amended.

Registration (4) The fee for registration of the notice shall be seventy-

fee

five cents. R.S.O. 1937, c. 314, s. 12 (4).

of'nottce — (^^ -^ notice registered under the provisions of this section
may be discharged by a certificate (Form 3) signed by any
member of the Commission, accompanied by an affidavit
of execution. R.S.O. 1937, c. 314, s. 12 (5), amended.

fee. (6) The fee for registration of a discharge shall be fifty cents.

R.S.O. 1937, c. 314, s. 12 (6), amended.

Regulations. 14, Xhe Lieutenant-Governor in Council may make
regulations, —

(a) governing the manner of making application for a

pension ;

(b) providing for the suspension and cancellation of

pensions;

150

(d) providing for the whole or part of the cost of providing
medical and dental services to pensioners or any
class or group thereof;

(e) providing for the designation of persons as inves-

tigators and prescribing their powers and duties;

(J) prescribing the powers and duties of local authorities;

(g) providing for the payment of the expenses incurred by
local authorities in connection with this Act, and
their remuneration;

(h) providing for the appointment of local boards and
prescribing their powers and duties;

(i) providing for the furnishing of notices and information
by local authorities to the Commission and by the
Commission to local authorities;

(k) prescribing the material or proof of any fact, including
evidence under oath, that shall be furnished as a
condition precedent to the payment of a pension;

(/) fixing the intervals at which and the manner in which
pensions shall be paid;

(m) prescribing forms for use under this Act; and

(«) respecting any other matter necessary or advisable
to carry out effectively the purposes of this Act.

15. — (1) Where there is no welfare unit the council of any Local
municipality not within a welfare area may, subject to the |ppoi"t*7*
approval of the Minister, appoint any person as the local n^®"* °^'
authority for such municipality for the purposes of this Act,
but until such an appointment is made the clerk of such
municipality shall be the local authority.

(2) Every local authority shall, for the purposes of this Act, J^^Sfita
be a commissioner for taking affidavits within the meaning of
The Commissioners jor taking Affidavits Act. New. f.^iiu^^^"

16. Pensions and the expenses of administration of this Act r«"fi°°f f:5<*
shall be payable out of such moneys as may be appropriated how payable,
therefor by the Legislature. R.S.O. 1937, c. 314, s. 18, amended.

150

^®3'i4^*i939. l*^- ^^^ ^^ ^^^ Pensions Act, section 25 of The Statute
?of J- ^- 55= -^flw Amendment Act, 1939, and T/ie OW ^ge Pensions Amend-

1944, C, 43, **

repealed. ment Act, 1944, are repealed.

ment"(f f^Aot. ^®- "'"^'^ ^^^ ^^^"^ come into force on a day to be named by
the Lieutenant-Governor by his Proclamation.

Short title. j9 jj^jg ^^^ j^^y ^^ ^,j^g^j ^g -j-^^ Qi^ ^gg Pensions Act,
1948.

150

SCHEDULE OF FORMS

FORM 1.

Notice Granting Old Age Pension

{Referred to in subsection 1 of section 13)

I, of the City Toronto,

in the County of York, , hereby give notice

thaton the day of , 19 an old age

pension, under the provisions of The Old Age Pensions Act, 1948, was

granted to

{Name of Pensioner)

of the of in the

{County or District)
of

{Occupation)

The following is a description of the land which the said

owns or has an interest in:

{Name of Pensioner)

{Description of Land)

This notice is given for the purpose of registration in the

of the

{Registry or Land Titles Office)

{City, County or District)

Dated at Toronto this day of ,

19.

R.S.O. 1937, c. 314, Form 1.

FORM 2.

Affidavit Verifying Notice,

{Referred to in subsection 2 of section 13)

J , of the City of Toronto,

in the County of York, .■.*.■.■.■■■ make oath and say:

That the facts set out in the attached notice are true.

SWORN before me at the

of •

in the -9'

, this

day of »

19...

{A Commissioner for taking Affidavits.)
R.S.O. 1937, c. 314, Form 2, amended.

150

FORM 3.

Certificate of Discharge.

{Referred to in subsection 5 of section 13)

The Notice dated the day of 19 ,

and registered as No in the

(Registry or Land Titles Office)

for the of , in respect of

(Description of Land)
ia discharged.

Dated at Toronto this day of.

19....

R.S.O. 1937, c. 314, Form 3, amended.

150

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No. 150

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

The Old Age Pensions Act, 1948.

Mr. Goodfellow

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 150 „^g

BILL

The Old Age Pensions Act, 1948.

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

1. In this Act- ,„t,,p^.

tation, —

(a) "Commission" means The Old Age Pensions Com- "Commis-
mission appointed under this Act; • ^'°'^"'

(b) "investigator" means any person designated as such "inveeti-

under the regulations; gator";

the public welfare administrator, and where there *"**'°'^*^"'
is no welfare unit means the clerk of the municipality
or such other person as the council with the approval
of the Minister may appoint, and in unorganized
territory means an investigator;

(d) "local board" means local board provided for in the"iocai
regulations; board";

(e) "Minister" means Minister of Public Welfare; "Minister";

(/) "pension" means a pension payable as an old age "pension";
pension or a blind pension under the Old Age Pensions r.s.c.
Act (Canada) or any other Act of the Parliament of °- ^^®-
Canada and "pensioner" has a corresponding mean-
ing; and

(^) "regulations" means regulations made under this Act. "reguia-

New.

2. — (1) The Minister with the approval of the Lieutenant-^f™«g«^*_
Governor in Council may enter into an agreement with the nion oovern-
Minister of National Health and Welfare with the approval authorized,
of the Governor-General in Council as to a general scheme of
old age pensions or blind pensions, or both, in Ontario pursuant
to any Act of the Parliament of Canada and for the payment
by Canada to Ontario quarterly of an amount equal to one-

150

Change in
soheme.

half or more of the net sum paid out during the preceding
quarter by Ontario for old age pensions or blind pensions, or
both, pursuant to this Act. R.S.O. 1937, c. 314, s. 2; 1944,

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

Old Age 3. — (1) The Lieutenant-Governor in Council may appoint

Commission, one, two or three persons as a commission to be known as

Chairman.

The Old Age Pensions Commission.

(2) Where the Commission consists of more than one
person, the Lieutenant-Governor in Council may designate
one of them as chairman.

Quorum. ^3^ Where the Commission consists of three persons, a

majority shall be a quorum. New.

com'mis- 4. It shall be the duty of the Commission, —

sion.

(a) to receive applications for pensions; and

(b) to determine the eligibility of each applicant for a

pension and where the applicant is eligible, to deter-
mine the amount thereof and direct payment accord-
ingly. New.

flifai.^'°"^ 5. Subject to the right of the Commission to rescind or

amend any determination or direction made by it, every
determination and direction of the Commission shall be final
and shall not be subject to review by any court of law or
otherwise. New.

6. Every pension shall be exempt from provincial and

Pension not

liable to

taxation, municipal taxes and shall not be subject to garnishment or

etc. attachment or seizure or any legal process and shall be un-

When pen-
sion to be
paid to
trustee.

assignable. R.S.O. 1937, c. 314, s. 9. Amended.

7. In the case of any pensioner, — •

(a) who, in the opinion of the Commission, is using or
likely to use his pension otherwise than for his own
benefit or is incapacitated or incapable of managing
his affairs;

(b) for whom a committee or trustee has been appointed ;
or

150

the Commission may direct that the pension shall be paid to
a trustee or other person to be expended for the benefit of
the pensioner. R.S.O. 1937, c. 314, s. 13. amended.

8. The receipt of a pension shall not by itself disqualify any Pensioners
person from voting at any provincial or municipal election. quLimed
R.S.O. 1937, c. 314, s. 15. f'-«'" ^o^^^t-

9. Where a pension has been paid and upon audit by Refusal by
officials of the Government of Canada, the Government of ao^TeVn'ment
Canada refuses to pay any amount in respect thereof, thej,°^^„®tg
Lieutenant-Governor in Council may direct that all payments

which at that time have been made shall be deemed to be
expenses incurred in the administration of this Act. New.

10. Where a pension has been paid and officials of theover-
Government of Canada, upon an audit, rule that overpay- '^*^'"®"**-
ments have been made to the pensioner, the Lieutenant-
Governor in Council may direct that the amount of such
overpayments shall be deemed to be expenses incurred in the
administration of this Act. New.

11. If under the authority of the Parliament of Canada, Right to
or for any other reason whatsoever, the Government of Canada cease°on*°
ceases to make the contributions provided for under the Old (Ify^^^^'J*'^
Age Pensions Act (Canada), or any other Act of the Parlia- <=^"*"''"*«-
ment of Canada pursuant to which pensions are paid under ^ fig-
this Act, or fails to carry out the agreement entered into under

12. — (1) The Commission shall be entitled to recover out Recovery
of the estate of any deceased pensioner, as a debt due by the payment"
pensioner to the Commission, the sum of the pension pay- deceased
ments made to such pensioner from time to time. estate."**^'"

(2) No claim shall be made by the Commission for the Right not
recovery of such debt directly or indirectly out of any part of ^prop^ny '**
the pensioner's estate that passes by will or on any intestacy p^^'^k/o
to anv other pensioner or to any person who has, since the pensioner

. 1-111 J • u' L or to person

grant of such pension or for the last three years dunng which maintaining,
such pension was paid, regularly contributed to the support
of the pensioner by the payment of money or otherwise to the
extent which, having regard to the means of the person so
having contributed, is considered to be reasonable. R.S.O.
1937, c. 314, s. 11, amended.

150

^fnou^e!°^ 13. — (1) Notice (Form 1) of the granting of a pension to
any person may be registered in the proper registry or land
titles office, and shall set out, —

(a) the name and residence of the person to whom a
pension has been granted;

(b) the date when the pension was granted ;

Rev. Stat.,
o. 174.

of^notice." ^^^ ^^^ notice shall be in duplicate, signed by any member

of the Commission and verified by his affidavit (Form 2).
R.S.O. 1937, c. 314, s. 12 (2), amended.

Charge
against
lands.

Registration (4) The fee for registration of the notice shall be seventy-

fee.

five cents. R.S.O. 1937, c. 314, s. 12 (4).

of^notfce — ^^^ ^ notice registered under the provisions of this section
may be discharged by a certificate (Form 3) signed by any
member of the Commission, accompanied by an affidavit
of execution. R.S.O. 1937, c. 314, s. 12 (5), amended.

fee. (6) The fee for registration of a discharge shall be fifty cents.

R.S.O. 1937, c. 314, s. 12 (6), amended.

Regulations. 14. The Lieutenant-Governor in Council may make
regulations, —

(a) governing the manner of making application for a

pension ;

(b) providing for the suspension and cancellation of

pensions;

150

{d) providing for the whole or part of the cost of providing
medical and dental services to pensioners or any
class or group thereof;

{e) providing for the designation of persons as inves-
tigators and prescribing their powers and duties;

(/) prescribing the powers and duties of local authorities;

{g) providing for the payment of the expenses incurred by
local authorities in connection with this Act, and
their remuneration;

Qi) providing for the appointment of local boards and
prescribing their powers and duties;

{i) providing for the furnishing of notices and information
by local authorities to the Commission and by the
Commission to local authorities;

0*) providing for the making of investigations, respecting
persons to whom pensions may be paid or who are
in receipt of pensions or by whom or on whose behalf
application has been made for a pension ;

{k) prescribing the material or proof of any fact, including
evidence under oath, that shall be furnished as a
condition precedent to the payment of a pension;

(/) fixing the intervals at which and the manner in which
pensions shall be paid ;

(w) prescribing forms for use under this Act; and

(w) respecting any other matter necessary or advisable
to carry out effectively the purposes of this Act.

15. — (1) Where there is no welfare unit the council of any Local
municipality not within a welfare area may, subject to the |^^^^^*t'/'~
approval of the Minister, appoint any person as the local '"«'»* °^-
authority for such municipality for the purposes of this Act,
but until such an appointment is made the clerk of such
municipality shall be the local authority.

(2) Every local authority shall, for the purposes of this Act, '^ly'*',,^
be a commissioner for taking affidavits within the meaning of
The Commissioners jor taking Affidavits Act. New. ^Yii^'**"'

150

?^\a^*?qq'q 17. The Old Age Pensions Ad, section 25 of The Statute

c. 314 ; 1939, '> '

1944' "■ 43' ^'^'^ Amendment Act, 1939, and The Old Age Pensions Amend-
repeaied. ' ment Act, 1944, are repealed.

ment"oTAct ^^- ^^'^ ^^^ shdAX come into force on a day to be named by
the Lieutenant-Governor by his Proclamation.

Short title. j9 jj^ig ^^^ j^ay bg j,j^g(j as rAe OW i4ge Pensions Act,
1948.

150

SCHEDULE OF FORMS

FORM 1.

Notice Granting Old Age Pension

{Referred to in subsection 1 of section 13)

I. , of the City Toronto,

in the County of York , hereby give notice

that on the day of , 19 , an old age

pension, under the provisions of The Old Age Pensions Act, 1948, wa»

granted to

{Name of Pensioner)

of the of in the

{County or District)
of

{Occupation)

The following is a description of the land which the said

owns or has an interest in:

{Name of Pensioner)

{Description of Land)

This notice is given for the purpose of registration in the

of the

{Registry or Land Titles Office)

{City, County or District)

Dated at Toronto this day of ,

19.

R.S.O. 1937, c. 314, Form 1.

FORM 2.

Affidavit Verifying Notice,

{Referred to in subsection 2 of section 13)

I , of the City of Toronto,

in the County of York, .'.'.'.' make oath and say:

That the facts set out in the attached notice are true.

SWORN before me at the

in the 9^

, this

day of

19....

{A Commissioner for taking Affidavits.)
R.S.O. 1937, c. 314, Form 2, amended.

150

FORM 3.

Certificate of Discharge.

{Referred to in subsection 5 of section 13)

The Notice dated the day of , 19 ,

and registered as No in the

{Registry or Land Titles Office)

for the of , in respect of

{Description of Land)
ia discharged.

Dated at Toronto this day of.

19....

R.S.O. 1937, c. 314, Form 3, amended.

150

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No. 151

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

The Mothers' Allowances Act, 1948.

Mr. Goodfellow

TORONTO

Printed and Published by Baptist Johnston-
Printer TO THE King's Most Excellent Majesty

Explanatory Notes

This Bill revises the present Act which has not been revised in many
years. Its provisions are greatly shortened and simplified.

Generally speaking the provisions of this Bill are the same in principle
as those in the present Act. However, a mother no longer is required to be
a British subject in order to qualify for an allowance. Attention is also
directed to subsection 2 of section 2, which is new in principle.

Provision in made so that this Act will conform with The Welfare
Units Act, 1948. See Bill 152.

151

No. 151 194g

BILL

The Mothers' Allowances Act, 1948.

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

1. In this Act, — interpre-

tation,—

(a) "allowance" means allowance under this Act; "allowance"

(b) "beneficiary" means a person receiving an allowance ; "benefi-

ciary";

mission provided for in this Act; sion";

(d) "investigator" means any person designated as such -investiga-
under the regulations; *<"■";

(e) "local authority", where there is a welfare unit means "locai

the public welfare administrator, and where there is no a"**»o"'y '•
welfare unit means the clerk of the municipality or
such other person as the council with the approval of
the Minister may appoint, and in unorganized terri-
tory means an investigator;

(/) "local board" means local board provided for in the-iocai
regulations; board";

(g) "Minister" means Minister of Public Welfare; "Minister";

(h) "permanently unemployable" means permanently un- "perman-

. 1,1 f ^1 L'lj- ently unem-

employable by reason of mental or physical dis-pioyabie";
ability; and

(i) "regulations" means regulations made under this Act. "reguia- .
R.S.O. 1937, c. 313, s. 1, cl. d; 1946, c. 59, s. l/'o"^"-
amended.

2 — (I) Subiect to this Act and the regulations a monthly conditions

* i'ttt uridyl* vrhioh

allowance may be paid towards the support of the dependent allowance

. ., , r ' 1 L may be paid,

children of a mother who, —

151

Where hus-
band per-
manently
unemploy-
able.

(a) is a widow, or the wife of a man who is permanently
unemployable, or of a man who has deserted her and
has not been heard of for at least one year;

(6) was resident in Ontario at the time of the death,
permanent unemployability or desertion by the
father of the child or children on whose behalf the
allowance is to be made, and for a period of two years
immediately prior to the application for an allowance;

for an allowance;

(d) continues to reside in Ontario with her dependent
children while in receipt of an allowance; and

(e) has resident with her one or more of her own children

under sixteen years of age and has not adequate
means to care properly for such child or children
without the assistance of an allowance. R.S.O. 1937,
c. 313, s. 2 (1) ; 1946, c. 59, s. 2 (1), amended.

(2) Where a mother who otherwise qualifies for an allowance
has a permanently unemployable husband, an allowance may
be granted for the husband in the same amount and manner
as though the husband were a dependent child, provided that
the allowance for the husband shall cease when the youngest
child becomes sixteen years of age. New.

to"fo^ter°^ (3) A like allowance may be paid to a woman who is

mother. resident as aforesaid and has resident with her one or more
orphan children under sixteen years of age and is the grand-
mother, sister, aunt or other suitable person acting as the
foster mother of such child or children and has not adequate
means to care properly for such child or children without the
assistance of an allowance. R.S.O. 1937, c. 313, s. 2 (2),
amended.

Reaching
sixteen
years of
age during
school
year.

Allowance
in special
oases.

(4) Where a child in respect of whom an allowance is being
paid is attending school and reaches the age of sixteen years
during the school year, the allowance shall, subject to this Act
and the regulations, continue to be paid until the conclusion
of the school year unless the child sooner ceases to attend
school. 1946, c. 59, s. 2 (2), amended.

(5) In cases presenting special circumstances wheie in-
vestigation has shown the advisability of an allowance being
granted to the children dependent upon a mother or foster
mother who is not strictly eligible under the terms of this
section, the Lieutenant-Governor in Council may direct the
payment of an allowance and fix the amount thereof, not-

151

withstanding that such payment is not expressly provided for
in this Act. R.S.O. 1937, c. 313, s. 2 (3), amended.

3. (1) The Lieutenant-Governor in Council may appoint Mothers'
one, two or three persons as a commission to be known asCormrsStSn.
1 he Mothers' Allowances Commission.

(2) When the Commission consists of more than one person chairman,
the Lieutenant-Governor in Council may designate one of

them as chairman.

(3) When the Commission consists of three persons, a Quorum,
majority shall be a quorum. New.

4. It shall be the duty of the Commission,— CommiL^ion.

(a) to receive applications for allowances; and

{b) to determine the eligibility of each applicant to
receive an allowance, and where the applicant is
eligible, to determine the amount thereof and direct
payment accordingly. R.S.O. 1937, c. 313, s. 3,
amended.

5. Subject to the right of the Commission to rescind or Decisions
amend any determination or direction made by it, every ""*''
determination and direction of the Commission shall be final

and shall not be subject to review by any court of law or
otherwise. R.S.O. 1937, c. 313, s. 7, amended.

6. The Lieutenant-Governor in Council may make regula- Regulations,
tions, —

(a) prescribing the maximum amounts of allowances;

{h) providing for the payment of the whole or part of
the cost of providing medical and dental services to
beneficiaries and their dependants under this Act;

{d) providing for the suspension and cancellation of
allowances ;

{e) providing for the designation of persons as investi-
gators and prescribing their powers and duties;

(/) prescribing the powers and duties of local authorities;

(g) providing for the payment of the expenses incurred by
local authorities in connection with this Act, and
their remuneration;

151

(h) providing for the appointment of local boards and
prescribing their powers and duties;

(i) providing for the furnishing of notices and information
by local authorities to the Commission and by the
Commission to local authorities;

Local
author-
ities,—
appoint-
ment of;

0) providing for the making of investigations resf)ecting
persons to whom allowances may be paid or who are
in receipt of allowances or by whom or on whose
behalf application has been made for an allowance;

(k) prescribing the material or proof of any fact, includ-
ing evidence under oath, that shall be furnished as a
condition precedent to the payment of an allowance;

(/) fixing the intervals at which and the manner in which
allowances shall be paid;

(m) prescribing forms for use under this Act; and

(«) respecting any other matter necessary or advisable
to carry out effectively the purposes of this Act.
R.S.O. 1937, c. 313, s. 11, amended.

7. — (1) Where there is no welfare unit, the council of any
municipality may, subject to the approval of the Minister,
appoint any person as the local authority for such municipality
for the purposes of this Act, but until such an appointment is
made the clerk of such municipality shall be the local authority.

affidavits ^^^ Every local authority shall, for the purposes of this

R V St t ^^^' ^^ '^ commissioner for taking affidavits within the meaning
c. i2i'. ' " of The Commissioners jor taking Affidavits Act. New.

8. Allowances and the expenses of administration of this

Allowances
and ex-

penses.— -^ Act shall be payable out of such moneys as may be appro-
priated therefor by the Legislature. R.S.O. 1937, c. 313, s. 5;

1938, c. 37, s. 15 (1), amended.

f.^sia':^'^^" ^- ^^^ Mothers' Allowances Act, section 15 of The Statute

1938. c. 37, i^d^ Amendment Act, 1938, and The Mothers' Allowances

8. ID , ' '

1946, c. 59, Amendment Act, 1946, are repealed.

repealed. ^

Commence-
ment of Act.

Short title.

10. This Act shall come into force on a day to be named
by the Lieutenant-Governor by his Proclamation.

11. This Act may be cited as The Mothers' Allowances
Act, 1948.

151

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No. 151

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

The Mothers' Allowances Act, 1948.

Mr. Goodfellow

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 151 1948

BILL

The Mothers' Allowances Act, 1948.

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

1. In this Act, — interpre-

tation,—

(a) "allowance" means allowance under this Act; "allowance"

(b) "beneficiary" means a person receiving an allowance; "benefi-

ciary";

mission provided for in this Act; sion";

(d) "investigator" means any person designated as such ..jnyggtiga-
under the regulations; *°'"":

(e) "local authority", where there is a welfare unit means"iocai

the public welfare administrator, and where there is no ^"^*^°"*y" '•
welfare unit means the clerk of the municipality or
such other person as the council with the approval of
the Minister may appoint, and in unorganized terri- ^*
tory means an investigator;

(/) "local board" means local board provided for in the-iocai
regulations; *'°^'"^" =

(g) "Minister" means Minister of Public Welfare; "Minister";

(h) ' 'permanently unemployable" means permanently un- '^^^{^^^^j^^,
employable by reason of mental or physical dis-pioyabie";
ability; and

(i) "regulations" means regulations made under this Act. "reguia-
R.S.O. 1937, c. 313, s. 1, cl. d; 1946, c. 59, s. l/'°"«"-
amended.

2. — (1) Subject to this Act and the regulations a monthly Conditions
allowance may be paid towards the support of the dependent allowance

.... r 1 1 '"ay be paid.

children of a mother who, —
151

(a) is a widow, or the wife of a man who is permanently
unemployable, or of a man who has deserted her and
has not been heard of for at least one year ;

(b) was resident in Ontario at the time of the death,

permanent unemployability or desertion by the
father of the child or children on whose behalf the
allowance is to be made, and for a period of two years
immediately prior to the application for an allowance;

for an allowance;

Where hus-
band per-
manently
unemploy-
able.

Allowance
to foster
mother.

(d) continues to reside in Ontario with her dependent
children while in receipt of an allowance; and

(e) has resident with her one or more of her own children

(3) A like allowance may be paid to a woman who is
resident as aforesaid and has resident with her one or more
orphan children under sixteen years of age and is the grand-
mother, sister, aunt or other suitable person acting as the
foster mother of such child or children and has not adequate
means to care properly for such child or children without the
assistance of an allowance. R.S.O. 1937, c. 313, s. 2 (2),
amended.

Reaching
sixteen
years of
age during
school
year.

Allowance
m special
cases.

151

withstanding that such payment is not expressly provided for
in this Act. R.S.O. 1937, c. 313, s. 2 (3),amef,4ed.

3.— (1) The Lieutenant-Governor in Council may appoint Mothen,-

Tu' iTu' t\'?f P^''"^"^ ^« ^ commission to be known ascllrm7«S!^n.
1 he Mothers Allowances Commission.

(2) When the Commission consists of more than one person Chairman,
the Lieutenant-Governor in Council may designate one of

them as chairman.

(3) When the Commission consists of three persons, a Quorum,
majority shall be a quorum. New.

4. It shall be the duty of the Commission,— r^f^'SJ.^I „

(a) to receive applications for allowances; and

(b) to determine the eligibility of each applicant to

receive an allowance, and where the applicant is
eligible, to determine the amount thereof and direct
payment accordingly. R.S.O. 1937, c. 313, s. 3,

amended.

5. Subject to the right of the Commission to rescind or Decisions
amend any determination or direction made by it, every **"*''
determination and direction of the Commission shall be final

and shall not be subject to review by any court of law or
otherwise. R.S.O. 1937, c. 313, s. 7, amended.

6. The Lieutenant-Governor in Council may make regula- Regulations,
tions, —

(a) prescribing the maximum amounts of allowances;

(b) providing for the payment of the whole or part of

the cost of providing medical and dental services to
beneficiaries and their dependants under this Act;

allowance ;

(d) providing for the suspension and cancellation of
allowances ;

(e) providing for the designation of persons as investi-

gators and prescribing their powers and duties;

(/) prescribing the powers and duties of local authorities;

(g) providing for the payment of the expenses incurred by
local authorities in connection with this Act, and
their remuneration;

151

Local
author-
ities,—
appoint-
ment of;

(h) providing for the appointment of local boards and
prescribing their powers and duties;

(i) providing for the furnishing of notices and information
by local authorities to the Commission and by the
Commission to local authorities;

(j) providing for the making of investigations respecting
persons to whom allowances may be paid or who are
in receipt of allowances or by whom or on whose,
behalf application has been made for an allowance;

(k) prescribing the material or proof of any fact, includ-
ing evidence under oath, that shall be furnished as a
condition precedent to the payment of an allowance;

(/) fixing the intervals at which and the manner in which
allowances shall be paid;

(m) prescribing forms for use under this Act; and

(w) respecting any other matter necessary or advisable
to carry out effectively the purposes of this Act.
R.S.O. 1937, c. 313, s. 11, amended.

l^dalits. (-^^ Every local authority shall, for the purposes of this

Rev Stat '^^^' ^^ ^ Commissioner for taking affidavits within the meaning
c. 121. " of The Commissioners Jor taking Affidavits Act. New.

Allowances
and ex-

low payable.

8. Allowances and the expenses of administration of this

oneys as may be appro-
R.S.O. 1937, c. 313, s. 5;

Snw^na^hifi ^^^ ^^^'' ^^ payable out of such moneys as may be appro-

priated therefor by the Legislature
1938, c. 37, s. 15 (1), amended.

Rev^.^stat., 9 j-j^^ Mothers' Allowances Act, section 15 of The Statute
1938, c. 37, i^a^ Amendment Act, 1938, and The Mothers' Allowances
1946,' 0. 59, Amendment Act, 1946, are repealed.

repealed. ' ^

Commence- 10. This Act shall come into force on a day to be named

ment of Act. it- /- i i • t^ . •

by the Lieutenant-Governor by his Proclamation.

Short title.

11. This Act may be cited as The Mothers' Allowances
Act, 1948.

151

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No. 152

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to provide for Welfare Units.

Mr. Goodfellow

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Note

The Act authorizes the establishment of welfare units.

Provision is made in section 4 for the payment of fifty per centum of the
administrative costs by the Province.

152

No. IJ! ,^

BILL

An Act to provide for Welfare Units.

TJ IS MAJESTY, by and with the advice and consent of
X X the Legislative Assembly of the Province of Ontario
enacts as follows: '

1. In this Act, — interpre-

tation,—

(a) "administrator" means a public welfare administrator "adminis-
appointed under this Act; trator";

(b) "Minister" means Minister of Public Welfare; "Mmiater"

Act; and "°°»":

(d) "unit" means a welfare unit established under this "unit".
Act.

2. The council of any municipality may by by-law estab- ^^^^t**))^-
lish a unit which shall have the same territorial limits as the '"""'<'«>*•
municipality, provided that no such by-law shall come into""^
force or have any effect until it has been approved by the
Lieutenant-Governor in Council.

3. — (1) A unit may be established for the unorganized ^^**^**^"

territorv in any territorial district. district

•' units.

(2) The council of any municipality in a territorial district ^°'*'»«-
may by by-law, approved by the Lieutenant-Governor in district
Council, become part of the district unit upon such terms and
conditions, notwithstanding any Act, as may be provided in
the by-law.

4. Where a municipal unit is established, the Lieutenant- ^^™jj'J|*'™-
Governor in Council, with the consent of the council of the staff,
municipality, may appoint an administrator to administer
such public welfare matters as are designated in the regulations,
and such staff as the administrator may require for the due
cariying out of his duties.

152

Coatp-

5. — (1) Where a municipal unit is established there shall
be paid to the municipality establishing it an amount equal
to fifty per centum of the cost of the administration of welfare
matters under this Act.

how payable. (2) The amounts payable under this section shall be paid
out of such moneys as may be appropriated therefor by the
Legislature.

Disestab-
lishment of
welfare
areas.

Effective
date.

6. — (1) Where a municipal unit has been established, the
municipality may by by-law, or the Lieutenant-Governor in
Council may by order, disestablish the unit, provided that
notice of intention to pass such by-law or make such order
has been given to the clerk of the municipality or to the Clerk
of the Executive Council, as the case may be, at least three
months before the by-law or order is to come into effect.

(2) Any such by-law or order shall be effective on the 31st
day of March next after its passing or making, as the case may
be.

Regula-
tions.

7. The Lieutenant-Governor in Council may make regu-
lations,—

(a) regulating and governing the establishment of units;

(&) designating the welfare matters that shall be ad-
ministered by administrators;

members of their staffs;

(d) prescribing the powers and duties of administrators;

(e) prescribing the manner of computing the cost of

administration of welfare matters under this Act;

(/) prescribing the times and manner of payment of
amounts under section 5;

(g) prescribing the records to be kept under this Act and
prescribing the returns to be made to the Minister
and the form thereof; and

(h) respecting any other matter necessary or advisable to
carry out effectively the purposes of this Act.

Short title. 8. This Act may be cited as The Welfare Units Act, 1948.

152

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No. 152

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to provide for Welfare Units.

Mr. Goodfellow

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

BILL

An Act to provide for Welfare Units.

TT IS MAJESTY, by and with the advice and consent of
X A the Legislative Assembly of the Province of Ontario
enacts as follows: '

1. In this Act,— interpre-

tation,—

(a) "administrator" means a public welfare administrator "adminis-
appointed under this Act; trator";

(b) "Minister" means Minister of Public Welfare; "Minister'

Act;and "°"«":

(d) "unit" means a welfare unit established under this "unit".
Act.

2. The council of any municipality may by by-law estab- ^*^t*'i*?*»"
lish a unit which shall have the same territorial limits as the '""^•'^'Pa'
municipality, provided that no such b}-law shall come into""*
force or have any effect until it has been approved by the
Lieutenant-Governor in Council.

3. — (1) A unit may be established for the unorganized ^1*^^*''^?'*
territory in any territorial district. district

■^ ■' units.

(2) The council of anv municipality in a territorial district ^"'^'■««-
^ * -f mont or

may by by-law, approved by the Lieutenant-Governor in district
Council, become part of the district unit upon such terms and
conditions, notwithstanding any Act, as may be provided in
the by-law.

4. Where a municipal unit is established, the Lieutenant- ^*J™|jJ|«*™-
Governor in Council, with the consent of the council of the staff,
municipality, may appoint an administrator to administer
such public welfare matters as are designated in the regulations,
and such staff as the administrator may require for the due
carrying out of his duties.

152

Cost.— 5 — ^j^ Where a municipal unit is established there shall

be paid to the municipality establishing it an amount equal
to fifty per centum of the cost of the administration of welfare
matters under this Act.

how payable. (2) The amounts payable under this section shall be paid
out of such moneys as may be appropriated therefor by the
Legislature.

Disestab-
lishment of
welfare
areas.

Effective
date.

(2) Any such by-law or order shall be effective on the 31st
day of March next after its passing or making, as the case may
be.

Regula-
tions.

7. The Lieutenant-Governor in Council may make regu-
lations,—

(a) regulating and governing the establishment of units;

(b) designating the welfare matters that shall be ad-

ministered by administrators;

members of their staffs;

(d) prescribing the powers and duties of administrators;

(e) prescribing the manner of computing the cost of

administration of welfare matters under this Act;

(/) prescribing the times and manner of payment of
amounts under section 5;

(g) prescribing the records to be kept under this Act and
prescribing the returns to be made to the Minister
and the form thereof; and

(h) respecting any other matter necessary or advisable to
carry out effectively the purposes of this Act.

Short title. 8. This Act mav be cited as The Welfare Units Act, 1948.

152

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No. 153

4th Session, 22nd Lkgislaturk, Ontario
12 George VI, 1948

BILL

An Act respecting the Purchase by The Corporation of the City of

Ottawa of Certain Assets of Ottawa Light, Heat and Power

Company, Limited.

Mp. Blackwell

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

xercise
ers in
t

No. 153 jg^g

BILL

An Act respecting the Purchase by The Corporation

of the City of Ottawa of Certain Assets of Ottawa

Light, Heat and Power Company, Limited.

HIS MAJESTY, b>- and with the advice and consent of
the Legislative Assembh- of the Province of Ontario,
enacts as follows:

1. The Corporation of the City of Ottawa may purchase <.">' ""^hor-
all or part of that part of the undertaking, property and assets purchLe

of Ottawa Light, Heat and Power Company, Limited, situate ofouawa*''

in Ontario. Hf'pJ^tf

Company,

2. Notwithstanding any general or special Act, The Cor-^'""^**'"
poration of the City of Ottawa and The Hydro-Electric city com-
Commission of the City of Ottawa or either of them may^Tiuhor'ized
exercise the like powers within any municipality or munici-po^^
palities adjacent to the City of Ottawa as the Corporation fdjiuen
and the Commission or either of them may exercise within thepauties.
City of Ottawa under The Public Utilities Act, including theRev. stat.,
power to supply electrical power or energ\- to owners and
occupants of land in such adjacent municipality or munici-
palities, and such powers may be exercised without the
authority" of the adjacent municipalit>' or municipalities.

3. ]t shall not be necessar}- to submit any b\-law for theg||^^"r8^n(,t
issue of debentures to pay for the purchase of the said under- '■®''"''"®*^-
taking, property and assets of Ottawa Light, Heat and Power
Company, Limited, to the electors of the City of Ottawa
qualified to vote on money by-laws, and the amount of such
debentures shall not be included in the Corporation's debt

in estimating the limit of its borrowing powers.

4. No power conferred by this Act shall be exercised without of^werctie
the approval of the Lieutenant-Governor in Council upon the of powers,
recommendation of The H\dro-Electric Power Commission

of Ontario.

5. This Act shall come into force on a da>- to he named b>'ment of Act.
the Lieutenant-Governor by his Proclamation.

6. This Act may be cited as The Ottawa Light, Heat «nJ short title.
Power Company, Limited Purchase Act, 1948.

153

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rchase by The
of Ottawa of
ight, Heat and
imited.

No. 153

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act respecting the Purchase by The Corporation of the City of

Ottawa of Certain Assets of Ottawa Light, Heat and Power

Company, Limited.

Mr. Blackwell

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 153 1943

BILL

An Act respecting the Purchase by The Corporation

of the City of Ottawa of Certain Assets of Ottawa *

Light, Heat and Power Company, Limited.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,

enacts as follows:

1. The Corporation of the City of Ottawa may purchase <^"7 author-
all or part of that part of the undertaking, property and assets purchaee

of Ottawa Light, Heat and Power Company, Limited, situate of ouaS^**
in Ontario. ILfk^t^

Company,

2. Notwithstanding any general or special Act, The Cor- ^""'^®***
poration of the City of Ottawa and The Hydro-Electric city com-
Commission of the City of Ottawa or either of them may^JthoHzed
exercise the like powers within any municipality or niunici-[,° ®|%*^j'^
palities adjacent to the City of Ottawa as the Corporation a<*J»ce^t
and the Commission or either of them may exercise within the paiities.
City of Ottawa under The Public Utilities Act, including the Rev. stat..
power to supply electrical power or energy to owners and '^'
occupants of land in such adjacent municipality or munici-
palities, and such powers may be exercised without the
authority of the adjacent municipality or municipalities,

3. It shall not be necessary to submit any by-law for the ^j|^o^°nQt
issue of debentures to pay for the purchase of the said under- ""^^ "'■"***•
taking, property and assets of Ottawa Light, Heat and Power
Company, Limited, to the electors of the City of Ottawa
qualified to vote on money by-laws, and the amount of such
debentures shall not be included in the Corporation's debt

in estimating the limit of its borrowing powers.

4. No power conferred by this Act shall be exercised without JjP^x^TOte*
the approval of the Lieutenant-Governor in Council upon theof po^««-
recommendation of The Hydro-Electric Power Commission

of Ontario.

5. This Act shall come into force on a day to be named byment of Act.
the Lieutenant-Governor by his Proclamation.

6. This Act may be cited as The Ottawa Light, Heat awf/ short title.
Power Company, Limited Purchase Act, 1948.

153

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No. 154

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

The Statute Law Amendment Act, 1948.

Mr. Black well

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes

Section 1. This section is complementary to Bill No. 125, An Act
to assist the Development of Housing Accommodation.

This will enable joint stock and cash-mutual insurance companies
to lend on mortgages on real estate in excess of the sixty per centum of
value limitation or in excess of the amount authorized to be loaned under
The National Housing Act, 1944 (Canada) where the excess is guaranteed
under The Housing Development Act, 1948.

154

No. 154 1948

BILL

The Statute Law Amendment Act, 1948.

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

1. — (1) Clause g of subsection 1 of section 300 of The Com- Rev. stat..
panies Act, as amended by subsection 2 of section 3 of rAesub^.^ifc?!*?;
Statute Law Amendment Act, 1939 and section 1 of The Cow- *'"""**"**•
panies Amendment Act, 1945, is further amended b>' adding
at the end thereof the words "or may make loans on the
security of real estate or leaseholds or other estate or interest
therein in excess of sixty per centum of the value aforesaid
or in excess of the amount which may be loaned hereunder in
accordance with The National Housing Act, 1944 (Canada)
or any amendments thereto, where the amount of the excess
is guaranteed by the Lieutenant-Governor in Council or by
a municipality under The Housing Development Act, 1948"'^
so that the said clause shall now read as follows:

(g) real estate or leaseholds for a term or terms of >ears Real estate,
or other estate or interest therein in Canada or
elsewhere where the insurer is carrying on business,
provided, however, that no such loan shall exceed
sixty per centum of the value of the real estate or
interest therein which forms the security for such
loan, but this proviso shall not be deemed to prohibit
an insurer from accepting as part payment for real
estate sold by it, a mortgage or hypothec thereon for
more than sixty per centum of the sale price of such
real estate; but notwithstanding the foregoing, an
insurer may lend its funds, or any ix)rtion thereof,
on the security of real estate pursuant to the pro-
visions of The National Housing Act, 1938 (Canada), i938. c. 49;
or The National Housing Act, 1944 (Canada) or any c. 46 '
amendments thereto, or may make loans on thef948***o*\'..
security of real estate or leaseholds or other estate
or interest therein in excess of sixty per centum
of the value aforesaid or in excess of the amount
which may be loaned hereunder in accordance with
The National Housing Act, 1944 (Canada) or any

154

amendments thereto, where the amount of the excess
is guaranteed by the Lieutenant-Governor in Council
or by a municipality under The Housing Develop-
ment Act, 1948.

ment"oT8ec- (2) This section shall come into force on the day upon which
*^°°- this Act receives the Royal Assent.

1948,

C. ... 8. 15,

amended.

2. Section 15 of The Coroners Act, 1948, is amended by
inserting after the word "death" in the third line the words
"resulted from any of the circumstances mentioned in section 7
and that such circumstances", so that the said section shall
now read as follows:

Death due
to events
occurring
beyond juris-
diction.

15. Where a coroner has issued his warrant to take
possession of a body within his jurisdiction and it
appears that the death resulted from any of the
circumstances mentioned in section 7 and that such
circumstances occurred at a place beyond his juris-
diction, he shall take possession of the body and
shall view the body and make such further investi-
gation as may be required to enable him to determine
whether or not an inquest is necessary and where he
determines that an inquest is necessary he may,
with the consent of the Crown attorney, at any time
during the course of the proceedings, transfer the
inquest to a coroner having jurisdiction at such place
and the inquest shall be conducted by such coroner
as though the body was within his jurisdiction and
he had issued the warrant; but the coroner issuing
the warrant may take evidence to prove the fact
of death, the identity of the body and the post-
mortem examination of the body, and such evidence
shall be transmitted to and received by the coroner
holding the inquest as part of the proceedings before
him.

i9^7.^c. 31. 3 Clause c of section 1 of The District Homes for the Aged
re-enacted. Act, 1947, is repealed and the following substituted therefor:

"super-
visor".

i947.^c. 46. 4, Clause h of section 1 of The Homes for the Aged Act, 1947,
re-enacted, is repealed and the following substituted therefor:

"super-
visor".

(b) "supervisor" shall mean a supervisor of the Depart-
ment of Public Welfare.

Rev. Stat.,
c. 45. s. 9.
subs. 4.
amended.

5. — (1) Subsection 4 of section 9 of The Lakes and Rivers
Improvement Act is amended by striking out the words

154

Section 2. The words added were inadvertently omitted from th*

Section 3. Supervisors are appointed under The Public Service Act
rather than The Department of Public Welfare Act. The amendment brings
the statute into line with practice.

Section 4. Supervisors are appointed under The Public Service Act
rather than The Department of Public Welfare Act. The amendment brings
the statute into line with practice.

Section S. There is now no Department of Game and Fisheries.
The former department is now part of the Department of Lands and
Forests. The Minister referred to in the amendments is the Minister of
Lands and Forests.

154

Section 6. The only substantive change effected by this amendment
is that all registered leases will now be included in the list of conveyances
furnished by the master of titles to the municipality. At present leases
for less than 21 years are not included.

Section 7. The words at the commencement of subsection 2 of
section 9 of The Legislative Assembly Act and clause dd of the subsection
now read as follows:

(2) Nothing in this section shall render ineligible as aforesaid or dis-
qualify from silting and voting in the Assembly when not other-
wise disqualified, —

(dd) any person holding any temporary employment in the service
of the Dominion of Canada during the period of the war
between Canada and Germany and Japan.

Section 8. The provision in the third paragraph of the form as
re-enacted is new.

154

''Department of Game and Fisheries" in the first and second
Imes and insertmg in lieu thereof the word "Minister", so
that the said subsection shall now read as follows:

(4) Upon the request of the Minister made either before FUihw.r.
or after the construction thereof every such dam
hereafter constructed shall be provided with a fishway
which will permit the free and unobstructed passage
of fish up and down stream at any season of the year.

(2) Subsection 6 of section 11 of The Lakes and River s^y.nuLt.,
Improvement Act is amended by striking out the words euu.' e." "'
"Department of Game and Fisheries" in the third line and *""•"**•**•
inserting in lieu thereof the word "Minister", so that the said
subsection shall now read as follows:

(6) Where any dam heretofore constructed has not been Direction
provided with a fishway the Lieutenant-Governor in to'"iS'*'''*'
Council may at the request of the Minister, direct '"■°''*****-
that the owner of such dam shall forthwith provide
a fishway to permit the free and unobstructed passage
of fish up and down stream at any season of the year.

6. Subsection 2 and subsection 3, as amended by section 4 Rev. stat..
of The Statute Law Amendment Act, 1947 (No. 2), of section SSeut^.'i.'i^'
of The Land Titles Act are repealed and the following sub-™'®'***'*****
stituted therefor:

(2) The master of titles shall, upon the request of the Master of
council of a municipality, furnish a list of all con- furnish
veyances whereby land in the municipality has been wi'th'fte^or'^
transferred, charged or leased, which have been *'°"^*y*"***-
registered in his office during the next preceding year

or any part thereof, and the list shall include in
respect of each conveyance, the names and addresses
of the parties, the consideration and a short descrip-
tion of the land.

(3) The master of titles shall be entitled to a fee of ten Fees.
cents for every conveyance entered in the list.

7. Clause dd of subsection 2 of section 9 of The Legislative c^xi, a. 9."

Assembly Act, as enacted by section 1 of The Legislative^^, dd

Assembly Amendment Act, 1944, is repealed. c^si.'s. i).

repealed.

8. Form 6 of Schedule A to The Mechanics' Lien Act isR«y. stat..
repealed and the following substituted therefor: schedule a.

Form 6,
FORM 6 re-enacted.

{Section 35)
Notice of Trial
(Style of Court and Cause)

154

TAKE NOTICE that this action will be tried at the
in the of , in the County

(or District) of on the

day of
by and at such time and place the

will proceed to try the action and all questions as
provided by The Mechanics' Lien Act.

And further take notice that if you do not appear at the trial and
defend the action or prove your claim, if any, the proceedings will be
taken in your absence and you may be deprived of all benefit of the
proceedings and your rights disposed of in your absence.

And further take notice that all parties and lien claimants shall
bring with them on the day herein set for trial all mortgages, contracts,
agreements, orders, cheques, notes, delivery slips, time-books, books
of account, diaries, duplicate original liens, and any other books or
papers necessary to prove liens or defences. If any person fails to
comply with these directions, the costs of the day may be given against
him in the event that an adjournment is necessary for the production
of any of the above-mentioned documentary evidence.

This is a Mechanics' Lien action brought by the above-named
plaintiffs against the above-named defendants to enforce a Mechanics'
Lien against the following lands: (set out description of lands).

This notice is served by, etc.

Dated ,19 j

o'^266^8^224 ^- — (^) Subsection 3 of section 224 of The Municipal Act
subs. 3,^ ^^ amended by striking out the figures "200,000" in the second
line and inserting in lieu thereof the figures "150,000", so that
the said subsection shall now read as follows:

(3) Where the population of a city exceeds 100,000,
but is less than 150,000, the salary shall not exceed
for each member of the board the sum of $2,500 per
annum.

Rev. Stat.. (2) The said section 224 is further amended by adding
amended, 'thereto the following subsection:

(3a) Where the population of a city exceeds 150,000,
but is less than 200,000, the salary shall not exceed
for each member of the board the sum of $3,500
per annum.

menwff"*'^' ^^^ "'^^^^ section shall come into force on the 1st day of
section. June, 1948.

S®93.?\V. 10.— (1) Clause g of subsection 1 of section 10 of The
Imiided^'' ^' -^^^^^^^ Parjfes Act is amended by striking out the words

"by-law or" in the second line, so that the said clause shall now

read as follows:

(g) for imposing penalties not exceeding $100 for any
breach of any such regulation.

154

Section 9. At present the salaries of members of a board of control
of a city having a population between 100,000 and 200,000 are limited to
$2,500 per annum. These amendments provide a maximum of |3,500
where the population exceeds 150,000 but is less than 200,000.

Section 10. The power given to the Commission by the opening
words of subsection 1 of section 10 is to make regulations, not by-laws.

154

Section 11. The Nurses' Registration Act has been superseded by
The Nurses Act, 1947.

Section 12. This amendment removes "canned foods" from the
definition of "fruit and produce".

Section 13. Part II of The Public Lands Act deals with free grants
of land to settlers. There is no authority to make grants to former members
of the forces as such and the regulations authorized by the amendment
will give such authority.

Section 14. The only substantive change effected by this amendment
is that all registered leases will now be included in. the list of conveyances
furnished by the registrar to the municipality. At present leases for less
than 21 years are not included.

154

(2) Subsection 2 of the said section 10 is amended by »•»•«•*•.
stnking out the word "by-law" in the first line and inserting JuS?/ 1; '^•
in heu thereof the word "regulation", so that the said sub- '"°""'**^-
section shall now read as follows:

(2) Any offence against any such regulation shall beoir«noM
punishable under The Summary Convictions Act,Wi^*'^^*
and the penalties recoverable under this section shall JVae®***'
be payable to the Commission.

11. The Nurses' Registration Act, The Nurses' Registration b.«v. sut..
Amendment Act, 1938, and The Nurses' Registration Amend-ldlTc. 2^-
ment Act, 1944, are repealed. rei^iiSd"'

12. Clause b of section 1 of The Ontario Food Terminal i9A6. c. 63.
Act, 1946, is amended by striking out the words "canned amend^!
foods" in the first line, so that the said clause shall now read

as follows:

{h) "fruit and produce" shall include dairy products, "fruit and
eggs, fish, honey, maple products, poultry and '"^°*'"'^"
vegetables.

13. The Public Lands Act is amended by adding thereto Rev. stat..
the following section: amended.

ZZa. The Lieutenant-Governor in Council may make R«fu'at>on«
, . -^ re free grant*

regulations, — to members

of forces.

(a) providing for free grants not exceeding one
hundred and sixty acres of public land situated
anywhere in the Province to former members
of the forces;

{b) defining "former members of the forces";

and, except as otherwise provided by the regulations,
the provisions of this Part shall apply to such grants.

14. Section 104 of The Registry Act, as amended by section 4 J'^^s^*-^
of The Registry Amendment Act, 1947, is repealed and the re-enactid.
following substituted therefor:

(1) The registrar shall, upon the request of the council R««i-t™r^to^
of a municipality, furnish a list of all conveyances oipamy with
whereby land in the municipality has been trans- oonreyanoss.
f erred, mortgaged or leased, which have been
registered in his office during the next preceding year

154

or any part thereof, and the list shall include in
respect of each conveyance, the names and addresses
of the parties, the consideration and a short descrip-
tion of the land.

Fees.

(2) The registrar shall be entitled to a fee of 10 cents
for every conveyance entered in the list.

o^lii 8 7 ^^' Section 7 of The Unclaimed Articles Act, 1947, is
amended. ' amended by adding at the end thereof the words "or by The

Mechanics' Lien Act", so that the said section shall now read

as follows:

Exceptions.
Rev. Stat.,
00. 186,
200.

This Act shall not affect the right of any person to
proceed in the manner prescribed by The Warehouse-
men's Lien Act or by The Mechanics' Lien Act.

Power to
aoquire
certain
lands.

1928, c. 55.

Rev. Stat.,
0. 54 to
apply.

16. — (1) Notwithstanding The University Lands Act, 1928,
The Governors of the University of Toronto may purchase or
acquire, and may enter upon, take and expropriate any of the
lands described in The University Lands Act, 1928, as amended
by The University Lands Act, 1929, or any interest therein,
which the said Governors may deem necessary for the purposes
of the University of Toronto.

(2) Whenever the said Governors exercise the power to
enter upon, take and expropriate any of the said lands. The
Public Works Act shall apply mutatis mutandis and the proce-
dure shall be, as nearly as may be, that provided in The
Public Works Act where land is taken for the public purposes
of Ontario.

0^89'. s. 45, (^) Section 45 of The Statute Law Amendment Act, 1946, is

repealed. ' repealed.

^ommence- (4) This section shall come into force on the day upon

section. which this Act receives the Roval Assent.

Short title.

17. This Act may be cited as The Statute Law Amendment
Act, 1948.

154

Section 15. The reference to Tlte Mechanics' Lien Act^ is added in
order to ensure that the right of mechanics under that Act is preserved.
The Act gives mechanics and others who have a lien for work done on
chattels the right to sell the chattels in the manner prescribed. It is not
the purpose of The Unclaimed Articles Act, 1947, to derogate from this
right.

Section 16. Self-explanatory.

154

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2
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r

No. 154

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

The Statute Law Amendment Act, 1948.

Mr. Blackwell

{Reprinted as amended in Committee of the Whole House.)

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes

Section 1. This section is complementary to Bill No. 125, An Act
to assist the Development of Housing Accommodation.

154

No. 154 1Q48

BILL

The Statute Law Amendment Act, 1948.

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

1. — (1) Clause g of subsection 1 of section 300 of The Com-nev. stat..

panies Act, as amended by subsection 2 of section 3 of Thetut^\u\^^'.
Statute Law Amendment Act, 1939 and section 1 of The C<wi -'""*"***** '
panies Amendment Act, 1945, is further amended by adding
at the end thereof the words "or may make loans on the
security of real estate or leaseholds or other estate or interest
therein in excess of sixty per centum of the value aforesaid
or in excess of the amount which may be loaned hereunder in
accordance with The National Housing Act, 1944 (Canada)
or any amendments thereto, where the amount of the excess
is guaranteed by the Lieutenant-Governor in Council or by
a municipality under The Housing Development Act, 1948",
so that the said clause shall now read as follows:

(g) real estate or leaseholds for a term or terms of years Real estate,
or other estate or interest therein in Canada or
elsewhere where the insurer is carrying on business,
provided, however, that no such loan shall exceed
sixty per centum of the value of the real estate or
interest therein which forms the security for such
loan, but this proviso shall not be deemed to prohibit
an insurer from accepting as part payment for real
estate sold by it, a mortgage or hypothec thereon for
more than sixty per centum of the sale price of such
real estate; but notwithstanding the foregoing, an
insurer may lend its funds, or any portion thereof,
on the security of real estate pursuant to the pro-
visions of The National Housing Act, 1938 (Canada), i938. c. 49;
or The National Housing Act, 1944 (Canada) or any c. 46
amendments thereto, or may make loans on the i948%*\" . .
security of real estate or leaseholds or other estate
or interest therein in excess of sixty per centum
of the value aforesaid or in excess of the amount
which may be loaned hereunder in accordance with
The National Housing Act, 1944 (Canada) or any

154

amendments thereto, where the amount of the excess
is guaranteed by the Lieutenant-Governor in Council
or by a municipality under The Housing Develop-
ment Act, 1948.

ment"oT8ec- (2) This section shall come into force on the day upon which
tion. (-^jg ^(,(. receives the Royal Assent.

1948.

C. ... 8. 15,

amended.

Death due
to events
occurring
beyond juris-
diction.

s^V'oi'c^' ^- Clause c of section 1 of The District Homes for the Aged
re-enacted. Act, 1947, is repealed and the following substituted therefor:

"super-
visor".

i947.^c. 46, 4^ Clause h of section 1 of The Homes for the Aged Act, 1947,
re-enacted, is repealed and the following substituted therefor:

"super-
visor".

{h) "supervisor" shall mean a supervisor of the Depart-
ment of Public Welfare.

Rev. Stat.,
o. 45, s. 9,
subs. 4,
amended.

5. — (1) Subsection 4 of section 9 of The Lakes and Rivers
Improvement Act is amended by striking out the words

154

Section 2. The words added were inadvertently omitted from the
section as it appears in Bill No. 48 and they are necessary to eive the
section Its proper meaning.

Section 3. Supervisors are appointed under The Public Service Act
rather than The Department of Public Welfare Act. The amendment brings
the statute into line with practice.

Section 4. Supervisors are appointed under The Public Service Act
rather than The Department of Public Welfare Act. The amendment brings
the statute into line with practice.

Section 5. There is now no Department of Game and Fisheries.
The former" department is now part of the Department of Lands and
Forests The Minister referred to in the amendments is the Minister of
Lands and Forests.

154

Section 6. The only substantive change effected by this amendment
is that all registered leases will now be included in the list of conveyances
furnished by the master of ^titles to the municipality. At present leases
for less than 21 years are not included.

Section 7. The words at the commencement of subsection 2 of
section 9 of The Legislative Assembly Act and clause dd of the subsection
now read as follows:

(2) Nothing in this section shall render ineligible as aforesaid or dis-
qualify from sitting and voting in the Assembly when not other-
wise disqualified, —

idd) any person holding any temporary employment in the service
of the Dominion of Canada during the period of the war
between Canada and Germany and Japan.

Section 8. The provision in the third paragraph of the form as
re-enacted is new.

154

Department of Game and Fisheries" in the first and second
hnes and msertmg in lieu thereof the word "Minister" so
that the said subsection shall now read as follows:

(4) Upon the request of the Minister made either before FiBhw.y.
or after the construction thereof every such dam
hereafter constructed shall be provided with a fishway
which will permit the free and unobstructed passage
of fish up and down stream at an>' season of the year.

(2) Subsection 6 of section 11 of The Lakes and Rivers fUy.sut..
Improvement Act is amended by striking out the words Siiu.' e." "'
''Department of Game and Fisheries" in the third line and '""•'****^-
inserting in lieu thereof the word "Minister", so that the said
subsection shall now read as follows:

(6) Where any dam heretofore constructed has not been Dir»ction
provided with a fishway the Lieutenant-Governor in to'"»?'*'^*''
Council may at the request of the Minister, direct *""°^'***'*-
that the owner of such dam shall forthwith provide
a fishway to permit the free and unobstructed passage
of fish up and down stream at any season of the year.

6. Subsection 2 and subsection 3, as amended by section 4 Rev. stat.,
of The Statute Law Amendment Act, 1947 {No. 2), of section 558ub^*'2**8?*
of The Land Titles Act are repealed and the following sub- '^'•°*®*^'
stituted therefor:

(2) The master of titles shall, upon the request of the Master of
council of a municipality, furnish a list of all con- furnish
veyances whereby land in the municipality has been with'nit*!)*'
transferred, charged or leased, which have been °°°^*y*°''*"-
registered in his office during the next preceding year

or any part thereof, and the list shall include in
respect of each conveyance, the names and addresses
of the parties, the consideration and a short descrip-
tion of the land.

(3) The master of titles shall be entitled to a fee of tenpeee.
cents for every conveyance entered in the list.

7. Clause dd of subsection 2 of section 9 of The Legislative c.^ii.B. 9','

Assembly Act, as enacted by section 1 of The Legislative oi. dd

Assembly Amendment Act, 1944, is repealed. o^siVa. x).

repealed.

8. Form 6 of Schedule A to The Mechanics' Lien Act is Rev. stat..
reoealed and the following substituted therefor: siheduki a,

^ Form 6.

FORM 6
{Secticn 35)
Notice of Trial
(Style of Court and Cause)
154

re-enaoted.

TAKE NOTICE that this action will be tried at the
in the ^ of , in the County

(or District) of on the

day of
by and at such time and place the

will proceed to try the action and all questions as
provided by The Mechanics' Lien Act.

This is a Mechanics' Lien action brought by the above-named
plaintiffs against the above-named defendants to enforce a Mechanics'
Lien against the following lands: {set out description oj lands).

This notice is served by, etc.

Dated , 19 .

?*266^s*224 ^-—(1) Subsection 3 of section 224 of The Municipal Act
subs. 3, ' is amended by striking out the figures "200,000" in the second
line and inserting in lieu thereof the figures "150,000", so that
the said subsection shall now read as follows:

(3) Where the population of a city exceeds 100,000,
but is less than 150,000, the salary shall not exceed
for each member of the board the sum of $2,500 per
annum.

Rev. Stat.. (2) The said section 224 is further amended by adding
ainended. ' thereto the following subsection :

(3a) Where the population of a city exceeds 150,000,
but is less than 200,000, the salary shall not exceed
for each member of the board the sum of $3,500
per annum.

ment"cff"°* (3) This section shall come into force on the 1st day of
section. June, 1948.

?®93.^8!\V. 10.— (1) Clause g of subsection 1 of section 10 of The
^^i^l^^^- ^' Niagara Parks Act is amended by striking out the words

"by-law or" in the second line, so that the said clause shall now

read as follows:

(g) for imposing penalties not exceeding $100 for any
breach of any such regulation.

154

Section 9. At present the salaries of members of a board of control
of a city having a population between 100,000 and 200,000 are limited to
$2,500 per annum. These amendments provide a maximum of $3,500
where the population exceeds 150,000 but is less than 200,000.

Section 10 The power given to the Commission by the opening
words of subsection 1 of section 10 is to make regulations, not by-laws.

154

Sectio> 11. The Nurses' Registration Act has been superseded by
The Nurses Act, 1947.

Section 12. This amendment removes "canned foods" from the
definition of "fruit and produce".

Section 14. The only substantive change effected by this amendment
is that all registered leases will now be included in the list of conveyances
furnished by the registrar to the municipality. At present leases for less
than 21 years are not included.

154

(2) Subsection 2 of the said section 10 is amended bv R*"- 8t«t..
striking out the word "by-law" in the first line and inserting-?.'/ 2: "'
in heu thereof the word "regulation", so that the said sub- '""'**^-
section shall now read as follows:

(2) Any offence against any such regulation shall beorrenoa.
punishable under The Summary Convictions ^f/.SnSiTr'"'"*
and the penalties recoverable under this section shall ^Yae®'**-
be payable to the Commission.

11. The Nurses' Registration Act, The Nurses' Registration n«y.sut..
Amendment Act, 1938, and The Nurses' Registration Amend- i^U^. 26
ment Act, 1944, are repealed. reSiiSd'*^'

12. Clause h of section 1 of The Ontario Food Terminal i946. o. es.
Act, 1946, is amended by striking out the words "canned amerfdid:
foods" in the first line, so that the said clause shall now read

as follows:

(6) "fruit and produce" shall include dairy products, "fruit and
eggs, fish, honey, maple products, poultry and '""°'*"**"
vegetables.

13. The Public Lands Act is amended by adding thereto Rev. stat..
the following section: amo^nded.

ZZa. The Lieutenant-Governor in Council mav make R«f uJation«

, , . re free grante

regulations, — to member»

of forces.

(a) providing for free grants not exceeding one
hundred and sixty acres of public land situated
an>^where in the Province to former members
of the forces;

{h) defining "former members of the forces";

and, except as otherwise provided by the regulations,
the provisions of this Part shall apply to such grants.

14. Section 104 of The Registry Act, as amended by section 4 Rev. stat..
of The Registry Amendment Act, 1947, is repealed and the r4-«nacted. *
following substituted therefor:

(1) The registrar shall, upon the request of the council ReKJ«trarJOj_
of a municipality, furnish a list of all conveyances ch>amy with
whereby land in the municipality has been trans- conveyanoM.
f erred, mortgaged or leased, which have been
registered in his oflfice during the next preceding year

154

or any part thereof, and the Hst shall include in
respect of each conveyance, the names and addresses
of the parties, the consideration and a short descrip-
tion of the land.

Fees.

(2) The registrar shall be entitled to a fee of 10 cents
for every conveyance entered in the list.

cf 111, B. 7 ^^' Section 7 of The Unclaimed Articles Act, 1947, is
amended. ' amended by adding at the end thereof the words "or by The

Mechanics' Lien Act", so that the said section shall now read

as follows:

Exceptions.
Rev. Stat.,
cc. 186,
200.

7. This Act shall not affect the right of any person to
proceed in the manner prescribed by The Warehouse-
men's Lien Act or by The Mechanics' Lien Act.

Power to
acquire
certain
lands.

1928, c. 55.

Rev. Stat.,
0. 54 to
apply.

c. 89', 8. 45 (3) Section 45 of The Statute Law Amendment Act, 1946, is

repealed. ' repealed.

ment^cff^"^' (^) This section shall come into force on the day upon

section. which this Act receives the Roval Assent.

Rev. Stat.,

C. 288, 8. 936,

subs. 2

(1947,

c. 45, 8. 16.

subs. 1),

amended.

17. — (1) Subsection 2 of section 936 of The Highway Traffic
Act, as enacted by subsection 1 of section 16 of The Highway
Traffic Amendment Act, 1947 , is amended by striking out the
word "and" at the end of clause d, by inserting the word "and"
at the end of clause e, and by adding thereto the following
clause:

Rev. Stat.,
c. 256.

(/) that the application is not made by or on behalf of
an insurer in respect of any amount paid or payable
by the insurer by reason of the existence of a policy
of automobile insurance within the meaning of The
Insurance Act and that no part of the amount sought
to be paid out of the Fund is sought in lieu of making

154

Section 15 The reference to The Mechanics' Lien Act is added in
Thf A.r-'"'"^ '^\' '^-^ "«^* °^ mechanics under that Act s p?^^ed

u..^^ ^'""^f mechanics and others who have a lien for work dTnT on
chattels the nght to sell the chattels in the manner p?esSbS^ It ", not

he purpose of The Unclaimed Articles Act, 1947, to derogSe from th°

Section 16. Self-explanatory.

Section 17. The two amendments to Part XIIIA of The Higkrvay
Traffic Act which are effected by this section of the Bill have the same
purpose. One of them applies where judgment has been obtained against
a known defendant who is unable to pay the judgment; the other applies
where leave is sought to sue the Registrar of Motor \'ehicles in connection
with a "hit and run accident". In both cases the amendment operates to
prevent a payment being made out of the fund for the purpose of indem-
nifying an insurer in respect of a payment made by it under a policy of
automobile insurance.

154

a claim or receiving a pa>nienl which is fwyable
by reason of the existence of a policy of automobile
msurance within the meaning of The Insurance Act
and that no part of the amount so sought will Im?
paid to an insurer to reimburse or otherwise indem-
nify such insurer in respect of any amount paid or
payable by the insurer by reason of the existence of a
policy of automobile insurance within the meaning
of The Insurance Act.

(2) Subsection 2 of section 93e of The Highway Traffic >lf/,^*288^!rV8#
as enacted by subsection 1 of section 16 of The Ilighway^^^- ^*
Traffic Amendment Act, 1947, is amended by striking out thec^«!'s. le.
word "and" at the end of clause h, by inserting the word "and^'am'^rndid.
at the end of clause c, and by adding thereto the following

clause:

{d) that the application is not made by or on behalf of
an insurer in respect of any amount paid or j^yable
by reason of the existence of a policy of automobile
insurance within the meaning of The Insurance Act^^^b^^^^"
and that no part of the amount sought to be recovered
in the intended action is sought in lieu of making a
claim or receiving a payment which is payable by
reason of the existence of a policy of automobile
insurance w'ithin the meaning of The Insurance Act
and that no part of the amount so sought will be
paid to an insurer to reimburse or other\vise indem-
nify such insurer in respect of any amount paid or
payable by it by reason of the existence of a fxjlicy
of automobile insurance within the meaning of The
Insurance Act.

(3) This section shall come into force on the day upon Com mence-
which this Act receives the Royal Assent and shall apply to section,
motor vehicle accidents occurring in Ontario after the 1st

day of July, 1947. "9^

18. This Act may be cited as The Statute Law Amendment Short titi».

Act, 1948.

154

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No. 154

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

The Statute Law Amendment Act, 1948.

Mr. Blackwell

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

^o. 154 ,,^g

BILL

The Statute Law Amendment Act, 1948.

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

1.— (1) Clause g of subsection 1 of section 300 of The Com- ii«v. stat.
parties Act, as amended by subsection 2 of section 3 of Theln^^\*:S.t:
Statute Law Amendment Act, 1939 and section 1 of The C<wi- *"•"**•**•
parties Amendment Act, 1945, is further amended by adding
at the end thereof the words "or may make loans on the
security of real estate or leaseholds or other estate or interest
therein in excess of sixty per centum of the value aforesaid
or in excess of the amount which may be loaned hereunder in
accordance with The National Housing Act, 1944 (Canada)
or any amendments thereto, where the amount of the excess
is guaranteed by the Lieutenant-Governor in Council or b>'
a municipality under The Housing Development Act, 1948",
so that the said clause shall now read as follows:

(g) real estate or leaseholds for a term or terms of years Real Mtat*.
or other estate or interest therein in Canada or
elsewhere where the insurer is carrying on business,
provided, however, that no such loan shall exceed
sixty per centum of the value of the real estate or
interest therein which forms the security for such
loan, but this proviso shall not be deemed to prohibit
an insurer from accepting as part payment for real
estate sold by it, a mortgage or hypothec thereon for
more than sixty per centum of the sale price of such
real estate; but notwithstanding the foregoing, an
insurer may lend its funds, or any portion thereof,
on the security of real estate pursuant to the pro-
visions of The National Housing Act, 1938 (Canada), less. o. 49:
or The National Housing Act, 1944 (Canada) or any c. 46
amendments thereto, or may make loans on the Sig'.'^oV: . .
security of real estate or leaseholds or other estate
or interest therein in excess of sixty per centum
of the value aforesaid or in excess of the amount
which may be loaned hereunder in accordance with
The Natiorml Housing Act, 1944 (Canada) or an>-

154

amendments thereto, where the amount of the excess
is guaranteed by the Lieutenant-Governor in Council
or by a municipaHty under The Housing Develop-
ment Act, 1948.

ment"oTsec- (2) This section shall come into force on the day upon which
tion. ^j^jg p^^^ receives the Royal Assent.

1948.

c. . . , s. 15,
amended.

Death due
to events
occurring
beyond juris-
diction.

B^V'cx'f^' ^' Clause c of section 1 of The District Homes for the Aged
re-enacted. Act, 1947 , is repealed and the following substituted therefor:

"super-
visor".

4. Clause h of section 1 of The Homes for the Aged Act, 1947,

1947. C. 46,

B. 1, cl. b,

re-enacted, is repealed and the following substituted therefor:

"super-
visor".

(b) "supervisor" shall mean a supervisor of the Depart-
ment of Public Welfare.

Rev. Stat,,
c. 46, s. 9,
subs. 4,
amended.

5. — (1) Subsection 4 of section 9 of The Lakes and Rivers
Improvement Act is amended by striking out the words

154

"Department of Game and Fisheries" in the first and second
lines and inserting in lieu thereof the word "Minister", so
that the said subsection shall now read as follows:

(4) Upon the request of the Minister made either before FUhw«y.
or after the construction thereof ever>' such dam
hereafter constructed shall be provided with a fishway
which will permit the free and unobstructed passage
of fish up and down stream at any season of the year.

(2) Subsection 6 of section 11 of The Lakes and Rivers ^^•v»ut..
Improvement Act is amended by striking out the words .ute." e." '*'
''Department of Game and Fisheries" in the third line and ^'"•'»«*«<*-
inserting in lieu thereof the word "Minister", so that the said
subsection shall now read as follows:

(6) Where any dam heretofore constructed has not been Direction
provided with a fishway the Lieutenant-Governor in to'^be* **'
Council may at the request of the Minister, direct''™^'*****'
that the owner of such dam shall forthwith provide
a fishway to permit the free and unobstructed passage
of fish up and down stream at an>' season of the year.

6. Subsection 2 and subsection 3, as amended by section 4 Rev. sut..
of The Statute Law Amendment Act, 1947 (No. 2), of section 558ubeB.'2*'8. *
of The Land Titles Act are repealed and the following sub- "'■•"*''^'
stituted therefor:

(2) The master of titles shall, upon the request of theMMter^of

council of a municipality, furnish a list of all con-furntah
veyances whereby land in the municipality has been wi"h'n8t of^
transferred, charged or leased, which have been °o"^«y*""*-
registered in his office during the next preceding year
or any part thereof, and the list shall include in
respect of each conveyance, the names and addresses
of the parties, the consideration and a short descrip-
tion of the land.

(3) The master of titles shall be entitled to a fee of ten Feee.

cents for every conveyance entered in the list.

7. Clause dd of subsection 2 of section 9 of The Legislative c^^, s. 9.
Assembly Act, as enacted by section 1 of The Legislative ci^^j '
Assembly Amendment Act, 1944, is repealed. o. sx/sj^i).

8. Form 6 of Schedule A to The Mechanics' Lien Act isruv^sut..

repealed and the following substituted therefor: schedule a.

^^r^-.. -r re-enacted.

FORM 6

(Section 35)

Notice of Trial

(Style of Court and Cause)

154

TAKE NOTICE that this action will be tried at the
in the of , in the County

(or District) of on the

day of
by and at such time and place the

will proceed to try the action and all questions as
provided by The Mechanics' Lien Act.

And further take notice that all parties and lien claimants shall
bring with them on the day herein set for trial all mortgages, contracts,
agreements, orders, cheques, notes, delivery slips, time-books, books
of account, diaries, duplicate original liens, and any other books or
papers necessary to prove Hens or defences. If any person fails to
comply with these directions, the costs of the day may be given against
him in the event that an adjournment is necessary for the production
of any of the above-mentioned documentary evidence.

This is a Mechanics' Lien action brought by the above-named
plaintiffs against the above-named defendants to enforce a Mechanics'
Lien against the following lands: {set out description of lands).

This notice is served by, etc.

Dated ,19 ,

?Y66^8^224 ^-"(1) Subsection 3 of section 224 of The Municipal Act
subs. 3. ' is amended by striking out the figures "200,000" in the second
line and inserting in lieu thereof the figures "150,000", so that
the said subsection shall now read as follows:

(3} Where the population of a city exceeds 100,000,
but is less than 150,000, the salary shall not exceed
for each member of the board the sum of $2,500 per
annum.

Rev. Stat., (2) The said section 224 is further amended by adding
amended. ' thereto the following subsection:

(3a) Where the population of a city exceeds 150,000,
but is less than 200,000, the salary shall not exceed
for each member of the board the sum of $3,500
per annum.

Commence- (3) ^\\is section shall come into force on the 1st dav of
ment of ^ '

section. June, 1948.

?®93.^8*\V. 10.— (1) Clause g of subsection 1 of section 10 of The
amended*'^' *' "^^^^^^^ P(^^^^ ^c/,is amended by striking out the words

"by-law or" in the second line, so that the said clause shall now

read as follows:

(g) for imposing penalties not exceeding $100 for any
breach of any such regulation.

154

(2) Subsection 2 of the said section 10 is amended by ^"^ «»•«•.
striking out the word "by-law" in the first line and inserting -u"' I.' *°*
in heu thereof the word "regulation", so that the said sub- ""•"'*•**•
section shall now read as follows:

(2) Any offence against any such regulation shall beofftnow
punishable under The Summary Convictions AdXldS^*^^*
and the penalties recoverable under this section shall ^Yie?^*"
be payable to the Commission.

11. The Nurses' Registration Act, The Nurses" Registration ntv.sUit..

Amendment Act, 1938, and The Nurses' Registration Amend '' ~''^ -s;
ment Act, 1944, are repealed. ,.'^*

12. Clause h of section 1 of The Ontario Food Terminal^^*^.^-^^.
Act, 1946, is amended by striking out the words "canned amendid!
foods" in the first line, so that the said clause shall now read

as follows:

(&) "fruit and produce" shall include dairy products, -fruit and
eggs, fish, honey, maple products, poultry and ^^ "**'
vegetables.

13. The Public Lands Act is amended by adding thereto Rev. stat.,
the following section: amended.

2>3a. The Lieutenant-Governor in Council mav make Re«uiation«

re Tree sranu
regulations, — to members

* of forces.

(a) providing for free grants not exceeding one
hundred and sixty acres of public land situated
any-where in the Province to former members
of the forces;

{h) defining "former members of the forces";

and, except as othen^ise provided by the regulations,
the provisions of this Part shall apply to such grants.

14. Section 104 of The Registry Act, as amended by section 4 ^^70^^104.
of The Registry Amendment Act, 1947, is repealed and theri-enact^d.
following substituted therefor:

(1) The registrar shall, upon the request of the council Ke«i|;trarj°.
of a municipality, furnish a list of all conveyances c.^pamy with
whereby land in the municipality has been trans- conveyances
ferred, mortgaged or leased, which have been
registered in his office during the next preceding year

154

or any part thereof, and the list shall include in
respect of each conveyance, the names and addresses
of the parties, the consideration and a short descrip-
tion of the land.

Fees.

(2) The registrar shall be entitled to a fee of 10 cents
for every conveyance entered in the list.

1947,

C. 111. 8. 7.

amended.

15. Section 7 of The Unclaimed Articles Act, 1947, is
amended by adding at the end thereof the words "or by The
Mechanics' Lien Act", so that the said section shall now read
as follows:

Exceptions.
Rev. Stat.,
oc. 186,
200.

7. This Act shall not afifect the right of any person to
proceed in the manner prescribed by The Warehouse-
men's Lien Act or by The Mechanics' Lien Act.

Power to
acquire
certain
lands.

1928, c. 55.

Rev. Stat.
0. 54 to
apply.

c. 89' s 45 (3) Section 45 of The Statute Law Amendment Act, 1946, is

repealed. ' repealed.

m«nt^*f"°®' (4) This section shall come into force on the day upon

section. which this Act receives the Roval Assent.

Rev. Stat.,

c. 288, 8. 93t,

subs. 2

(1947,

o. 45, s. 1(

subs. 1),

amended.

Rev. Stat..
0. 256.

154

98«.

a claim or receiving a payment which is payable
by reason of the existence of a policy of automobile
msurance within the meaning of The Insurance Act
and that no part of the amount so sought will be
paid to an insurer to reimburse or otherwise indem-
nify such insurer in respect of any amount paid or
payable by the insurer by reason of the existence of a
policy of automobile insurance within the meaning
of The Insurance Act.

(2) Subsection 2 of section 93g of The Highway Traffic Act,^^"- st*t..
as enacted by subsection 1 of section 16 of The Highway bu^^S*' ^^
Traffic Amendment Act, 1947, is amended by striking out thec!^!.. le
word "and" at the end of clause b, by inserting the word "and"lm'?nd^. '
at the end of clause c, and by adding thereto the following
clause:

(d) that the application is not made by or on behalf of
an insurer in respect of any amount paid or payable
by reason of the existence of a policy of automobile
insurance within the meaning of The Insurance Act^j^^^^-
and that no part of the amount sought to be recovered
in the intended action is sought in lieu of making a
claim or receiving a payment which is payable by
reason of the existence of a policy of automobile
insurance within the meaning of The Insurance Act
and that no part of the amount so sought will be
paid to an insurer to reimburse or otherwise indem-
nify such insurer in respect of any amount paid or
payable by it by reason of the existence of a policy
of automobile insurance within the meaning of The
Insurance Act.

(3) This section shall come into force on the day upon Commence-
which this Act receives the Royal Assent and shall apply toScUon.
motor vehicle accidents occurring in Ontario after the 1st

day of July, 1947.

18. This Act may be cited as The Statute Law Amendment Short titi«.
Act, 1948.

154

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No. 155

4th Session, 22nd Legislature, Ontario
12 George VI, 1948

BILL

An Act to amend The Companies Act.

Mr, Michener

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

Explanatory Notes

Section 1. This Bill re-enacts Part XII of The Companies Act
which contains special provisions relating to co-operative corporations.
The following are the changes in principle incorporated in the Bill:

1. Henceforth co-operative corporations with share capital shall have
only one class of shares to be known as co-operative or co-op
shares and the special conditions attaching to the shares are required
to appear on the share certificate. (Section 143.)

2. The provision for the termination of a membership in a corpora-
tion without share capital is new. (Section 145.)

. 3. Provision is made for voting of corporate members or shareholders
by officers or directors designated by the corporate shareholder or
member. (Section 147 (3).)

4. Power is given to corporations with share capital to require that the
shareholders shall invest their patronage return in issued or un-
issued shares, subject to certain conditions. (Section 151.)

5. New power is given to corporations with share capital to purchase
shares for redemption in certain circumstances and subject to

snares lor reaemption m certam
certain conditions. (Section 152.)

6. The provisions of section 153 authorize the distribution of surplus
on the dissolution of a corporation.

7. Corporations are given additional powers to pass by-laws, parti-
cularly with respect to the establishment of groups and the author-
izing of the appointment of delegates to represent groups of share-
holders or members. (Section 154.)

8. Sections 155, 157, 158 and 158a are new.

Section 2. Provision is made for permitting corporations operating
under the present Part XII to continue such operation under certain
circumstances.

155

No. 155 j^^y

BILL

An Act to amend The Companies Act.

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

1. Part XII of The Companies Act, as amended by section 3 »•▼• stat..
of The Companies Amendment Act, 1941 and section 5 of TAePart xir.
Statute Law Amendment Act, 1942, is repealed and the following ^■*^''*'^*^-
substituted therefor:

PART XII.

CO-OPERATIVE CORPORATIONS.

140. — (1) All corporations heretofore or hereafter madeAppiica>
subject to Part XII of The Companies Act by the|i^;?t.**'
letters patent or supplementary letters patent shall
be subject to this Part.

(2) Except where inconsistent with the provisions of thisADphcation
Part, the other provisions of this Act shall apply to** ^^"
a corporation which is subject to this Part.

141. In this Part, except in subsections 3 and 5 of sec- "Corpora-
tion 142, "corporation" and "company" shall mean "company"
a corporation and company respectively which is **•''"•**•
subject to this Part.

142. — (1) The corporate name of every corporation shall ^^^"^^
include the word "co-operative" as part thereof.

(2) Where a corporation, or any director, manager, Abbreria-
officer, employee, shareholder or member uses the

name of the corporation the word "co-operative"
may be abbreviated to "co-op".

(3) Any person, partnership, organization, society, asso- Off«nc««.

ciation, company or corporation, either unincor-
porated or incorporated, not being a corporation
subject to this Part, using in Ontario a name which

155

includes the word "co-operative" or any abbrevia-
tion or derivation thereof shall be guilty of an offence,
and any person using such name on behalf of such
person, partnership, organization, society, associa-
tion, company or corporation shall also be guilty of
an offence, provided that where the word "co-
operative" forms part of the corporate name of any
corporation heretofore incorporated, the word may
continue to be used as part of the corporate name.

Penalty. (4) Every person guilty of an offence under subsection 3

shall be liable to a fine not exceeding $100, and in
default of payment to imprisonment for a term not
exceeding three months.

Exceptions. (5) Subsection 3 shall not apply to a corporation incor-

porated by or under the authority of the Parliament
of Canada or to a corporation which is licensed under

Rev. Stat., The Extra Provincial Corporations Act.

c. 252.

capftai. ^^^- — 0-) The share capital of a company shall consist

of one class of shares with a nominal or par value of
$5 or any multiple of $5 not exceeding $100, to be
designated as co-operative or co-op shares.

cenmcates. (2) Every share certificate shall,—

(a) bear upon its face the name of the com-
pany, the words "incorporated as a co-
operative company and subject to Part XII of
The Companies Act of Ontario", and a state-
ment of the authorized capital;

{h) state the number of shares represented thereby;

{d) set forth the provisions of section 152;

{e) state that the dividend, if any, to which
the holder of a share may become entitled
shall not exceed eight per centum per annum
on the amount paid up thereon ; and

(/) state that the company may by by-law
limit the amount to be distributed for each
share on the dissolution of the company to
the amount paid up on such share together
with declared and unpaid dividends.

155

rnn.tJ T °^«^^)orations without share m*„,.t
ca ital may^be in the form of loans from members. '~"-
called member loans, and such loans mav be in such
amounts, payable on demand or at such times and
either without interest or with interest at a rate
. not exceeding six per centum per annum, as the
by-laws may provide.

(2) A corporation may borrow money from its share- Pow.r to

holders or members in such amount or amounts as is m/m bi^'S?'
specihed in the by-laws of the corporation and such "'"♦•■•»>"'<««™-
loans may not bear interest or ma\- bear interest
at such rate not exceeding six per centum per annum
as may be specified in the by-laws.

(3) A corporation may enact b>-laws requiring members CompuUory
or shareholders to make a loan or loans of the whole '**""'"*'*'"*-
or such part of the patronage returns as the directors

may determine, and prescribing the terms and condi-
tions of such loans and whether such loans shall not
bear interest or shall bear interest at a rate not
exceeding six per centum per annum.

145. Where a member of a corporation without share Termination
capital dies or does not transact any business withblrehip.'
the corporation for a period of one year, the directors
may terminate the membership, and upon such ter-
mination the corporation shall pay any money owing
to the member.

146. — (1) No share of a company shall be transferred Transfer
unless authorized by the board of directors. " " *™*'

(2) No membership in a corporation without share '"•'«*>•'■-
capital shall be transferred unless authorized by the
board of directors.

147. — (1) No individual member or shareholder of a ^'o*'"«-
corporation shall vote by proxy.

(2) No individual member or shareholder of a corporation idem,
shall have more than one vote.

(3) A corporate member or shareholder may appoint, Voting by
^ ' ^ r ' rt- !• corporate

under its corporate seal, one of its ofhcers or directors njembere or

,, -.iif.. .• /■ ahareholdem.

to attend and vote on its behalf at meetings of

members or shareholders, and such officer or director
shall have only one vote.

148. To qualify for election as a director, a person need Quaimca-
not be a member or shareholder provide<l he is a director.

155

director or officer of a corporate member or share-
holder.

Reserve fund
and divi-
dends.

Distribution
of net
surplus.

Idem.

Patronage
return.

Limitation
on patronage
return.

149. A corporation may by by-law provide that, before
any distribution of surplus arising from the business
of the corporation in each fiscal year, the corporation
may,—

(a) set aside reserve funds;

(b) provide for the payment of dividends on the

share capital at a rate not to exceed eight per
centum per annum on the amount paid up
thereon .

150. — (1) Subject to section 149, the net surplus arising
from the business of the corporation in each fiscal
year shall be allocated, credited or paid to the
members or shareholders in proportion to the business
done by each member or shareholder with or through
the corporation computed at a rate in relation to the
quantity, quality or value of the goods or products
acquired, marketed, handled, dealt in or sold, or
services rendered by, the corporation from or on
behalf of or to the member or shareholder, whether
as principal or as agent of the member or share-
holder or otherwise, with appropriate differences in
the rate for different classes, grades or qualities
thereof.

(2) The corporation may b\' by-law provide that part of

the net surplus may be allocated, credited or paid
to non-members or non-shareholders at the same or
at a lesser rate than that paid to members or share-
holders.

(3) The amount which is allocated, credited or paid to

members, shareholders, non-members or non-share-
holders in each fiscal year shall be known as the
patronage return.

(4) The corporation ma\- b\- by-law provide that where

the value of the goods or jtroducts acquired, marketed,
handled, dealt in or sold, or services rendered by,
the corporation from or on behalf of or to any
member, shareholder, non-member or non-share-
holder in any year does not e.xceed $50, or such
lesser amount as may be specified in the by-law, no
patronage return shall be allocated, credited or paid
to such member, shareholder, non -member or non-
shareholder.

155

151. — (1) Subject to subsection 4, a company may by in»«»tin«nt
by-law provide that a shareholder shall in each year &urn?*****
be required to invest the whole or such jjart of his
patronage return as the directors may require in a
stated number of unissued sharesof the comjwny until
in the opinion of the ho ml of directors the issued
capital is sufficient for the prof)er financing of the
company, and thereafter in a stated number of issued
shares of the company if obtainable.

(2) Where a company has enacted a by-law under sub- Notio*.

section 1, and the whole or part of the patronage
return of a shareholder is required to be invested
in issued shares, the company shall mail a written
notice to such shareholder statinjj; the number of
shares to be purchased by him.

(3) Unless within thirty (la\s from the date of mailing Purchase of
of the notice referred to in subsection 2, the share- beKSf of
holder required to purchase issued shares has pre-Ji^qSi^^t?
sented for transfer to himself the number of shares '*"'"*^'**^'
which he is required to purchase, the company may

on behalf of such shareholder, —

(a) purchase the required number of shares from
shareholders who are willing to sell shares;

(b) pay out of the patronage return of such share-

holder the purchase price;

(d) issue and forward to such shareholder a cer-
tificate representing such shares.

(4) No shareholder shall be required to invest his patron- Proviso.

age return, —

(a) in issued or unissued shares when the company

is insolvent, or at a price in excess of the par
value of such shares; or

(b) in issued shares when no such shares are avail-

able for purchase.

152.-(1) Subject to subsections 2 and 3, a company Purchag. of

oompanr.

may,—

(a) with the consent of a shareholder, purchase
for redemption all or part of the shares held
by such shareholder upon paNTiient of such an

155

amount, not exceeding the par value of the
shares, as may be agreed upon ; and

(b) whenever a shareholder dies, or a corporate
shareholder is about to be dissolved, or a
shareholder has failed for a period of one year
to transact any business with the company,
purchase for redemption the shares of such
shareholder at the book or par value whichever
is less, or require the transfer of such shares
to another person at the book or par value,
whichever is less.

Prohibition
re purchase
for redemp-
tion.

(2) No company shall, —

(a) use for the purchase of shares for redemption
in any fiscal year, an amount in excess of
fifty per centum of the accumulated reserve
funds;

(b) purchase for redemption in any fiscal year more

than ten per centum of the shares outstanding
at the beginning of the year;

pany is insolvent or so as to render the com-
pany insolvent, or so as to reduce the number
of shareholders to less than ten.

Re-issue
prohibited.

(3) A share purchased by a company for redemption
shall not be re-issued.

Where cer-
tificates of
redeemed
shares not
surrendered.

(4) Where a shareholder whose shares are to be purchased
for redemption fails to deliver to the company the
certificate or certificates, if any, representing the
shares the company may, after giving thirty days'
notice of the purchase (which notice shall contain a
request that the certificate or certificates, if any, be
surrendered to the company for cancellation), pay
the purchase price into a chartered bank to the credit
of the shareholder and cancel such certificate or
certificates on its books.

Distribution
of assets
upon disso-
lution.

153. A corporation may enact by-laws providing that
the distribution of the assets upon the dissolution of
the corporation, after the payment of all debts and
liabilities, including any declared and unpaid divi-
dends, and the amount paid up on outstanding
shares, if any, shall be in any one of the following
ways, —

155

(a) equally among the members or shareholders

irrespective of the number of shares held by a

shareholder;

(b) among the members or shareholders at the

time of dissolution on the basis of patronage
returns accrued to such members or share-
holders during the five fiscal years immediately
preceding the dissolution or since the date of
incorporation ; or

charitable or community object or objects.

154. — (1) A corporation may enact by-laws providing By-i»w«.
for, —

(a) dividing its members or shareholders into
groups, either territorially or on the basis of
common interest;

(b) the election of directors for each group on

the basis of the number of members or share-
holders in each group or the volume of business
done by each group with the corporation or
both,

gates to represent each group on the basis of
the number of members or shareholders in
each group or the volume of business done by
each group with the corporation, or both;

(d) where all of the members or shareholders are
corporations, the election of delegates and
alternative delegates to represent such cor-
porations on the basis of the number of
members or shareholders in each corporation
or the volume of business done by each cor-
poration, or both;

(e) the manner and method of electing delegates;

(/) the holding of meetings of delegates;

(g) the power of delegates at meetings and pro-
viding that a meeting of delegates shall for
all purposes be deemed to be a meeting of the
members or shareholders;

(h) the holding of meetings of members, share-
holders or delegates territorially or on the basis
of common interest;

155

Voting.

Qualifica-
tion of
delegate.

Proviso.

Distribu-
tion of
assets.

(i) the payment of expenses of delegates attending
meetings.

(2) A delegate shall have only one vote and shall not

vote by proxy.

(3) No person shall be elected a delegate who is not
either a member or shareholder of a corporation or a
director, officer, member or shareholder of a corporate
member or shareholder of the corporation.

(4) No such by-law shall limit the rights of a member or
shareholder at meetings of delegates other than the
right to vote.

155. On any distribution of the assets of a corporation
without share capital, member loans and patronage
returns which are loaned to the corporation shall
rank after the ordinary creditors.

Duties.

Filing
by-laws.

156. — (1) Every corporation shall, —

(a) file in the office of the Provincial Secretary
within thirty days after confirmation by the
members or shareholders, copies of all its
by-laws certified under its corporate seal;

Delivering
copies of
by-laws.

(b) deliver a copy of the by-laws to a member or
shareholder when requested in writing so to
do;

Transmit
statements
to Provincial
Secretary.

(c) transmit forthwith to the office of the Provin-
cial Secretary a copy of the balance sheet,
statement of income and expenditure and
report of the auditor presented at the last
annual meeting;

Delivering
statements
to members.

(d) deliver to every member on demand in writing
a copy of the said balance sheet, statement of
income and expenditure and report of the
auditor.

Penalty.

By-laws to
be con-
firmed.

(2) If a corporation fails to comply with subsection 1 it
shall be liable on summary conviction to a penalty
of not more than $100, and every director and
officer of the corporation who authorizes or permits
such failure shall on summary conviction be liable
to a like penalty.

157. — (1) The by-laws of a corporation passed pursuant
to the authority of this Part shall not take effect

155

until confirmed by a vote of two-thirds of the
members or shareholders present or represented at a
meeting duly called for considering the same.

(2) The by-laws of the corporation shall bind the cor-By-iaw»»
poration and its members or shareholders to the same ""'''•**•
extent as if the by-laws had respectively been signed
and sealed by each member or shareholder and con-
tained covenants on behalf of each member or
shareholder, their heirs, executors and administra-
tors to conform thereto subject to the provisions of
this Act.

158. — (1) Where any shareholder or member of a cor- Payment of
poration dies intestate, the purchase price of shares ah^holdwr
held by such a shareholder which are purchased for °' "'*'" ^'
redemption and any money owed to such a share-
holder or such a member may be paid without letters
of administration to the person or persons who appear
to a majority of the directors, upon such evidence
as they may deem satisfactory, to be entitled to
receive the same.

(2) Whenever the directors make any payment pursuant Effect of
to subsection 1, the payment shall be valid and effec- pay"™*"*-
tual against any demand made upon the directors or

the corporation by any other person.

(3) This section shall only apply where the par value of A^pjjcat^on

the shares held by, together with the amount owing" '^^ °°'
to a deceased shareholder, or where the amount
owing to a deceased member, does not exceed $200.

158a.— (1) No corporation shall make any contribution PoUt^^J^j^^
either in money or in kind, either directly or m- prohibited,
directly, to any person for the advancement of the
interests of any political party or to any association
or organization which has for its object or one of its
objects the advancement of the interests of any
political party.

(2) Where a corporation contravenes the provisions of Penalty.
subsection 1, every director and officer of the cor-
poration shall be guilty of an offence and hable
upon summary conviction to a penalty not exceeding
$500 and in default of payment shall be imprisoned
for a period not exceeding three months.

158&. A corporation shall have power to ^/J.^",^"' ^"^ ^-dTd^i^^'Sr
courage and assist educational and advisory work^^rt.
relating to co-operation and co-operatives.

155

Powers of
Provincial
Secretary as
to accounts.

158c. — (1) The Provincial Secretary may upon the
application of any ten shareholders or members each
of whom has been a shareholder or member for not
less than six months immediately preceding the date
of the application or upon the application of more
than one-third of the total number of such share-
holders or members, —

Expenses of
audit, etc.

Powers of
auditor or
inspector.

(a) require the corporation to make a return
upon any special subject connected with the
affairs of the corporation, and the corporation
shall make such return within the term men-
tioned in the notice requiring such return;

(b) appoint an accountant to audit the books of the

corporation and to report thereon ;

inspect and report upon the affairs of the
corporation ;

(d) call a special meeting of the corporation;

(e) direct at what time and place a special meeting

called as aforesaid is to be held, and what
matters are to be discussed and determined at
the meeting, and the meeting shall have all
the powers of a meeting called according to
the by-laws of the corporation, and shall in
all cases have power to appoint its own chair-
man, any by-laws of the corporation not-
withstanding.

(2) The expenses incidental to such audit, inspection, or

meeting shall be defrayed by the shareholders or
members applying for the same, or officers, or former
shareholders, members or officers, in such proportion
as the Provincial Secretary shall direct.

(3) An auditor or inspector appointed under this section

may require the production of all or any of the books,
accounts, securities and documents of the corporation
and may require its officers, shareholders, members,
agents and servants to furnish such evidence as may
be deemed advisable in relation to its business.

Proviso. 2. — (1) The share capital of a company which heretofore

was subject to Part XII of The Companies Act as repealed by
section 1 of this Act, shall not be affected by subsection 1 of
section 143 of The Companies Act as re-enacted by section 1
of this Act.

155

(2) The Lieutenant-Governor in Council may relieve any idem.
company or companies which heretofore were subject to Part
XII of The Companies Act as re[)eale(l by section 1 of this
Act, from compliance with any of the provisions of the said
Part XII as re-enacted by the said section 1, subject to such
terms and conditions and to the extent set out in theOrder-
in-Council.

3. This Act shall come into force on a day to be named by commenoe-
the Lieutenant-Governor by his Proclamation. "*•"* °' ^°*-

4. This Act may be cited as The Companies Amendment shonuu:
Act, 1948 {No. 2).

155

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No. 156

4th Session. 22nd Legislature. Ontario
12 George VI, 1948

BILL

An Act for granting to His Majesty certain sums of money for the
Public Service of the financial year ending the 31st day of

March, 1949.

Mr. Frost

TORONTO

Printed and Published by Baptist Johnston

Printer to the King's Most Excellent Majesty

No. 156 ,,^4y

BILL

An Act for granting to His Majesty certain sums of

money for the Public Ser\'ice of the financial

year ending the 31st day of March, 1949.

Most Gracious Sovereign:

WHERPIAS it appears by message from (he Honourable J'rc.i ■
Ray Lawson, Lieutenant-Governor of the Province of
Ontario, and the estimates accompanying the same, that the
sums hereinafter mentioned in the schedule to this Act are
required to defray certain expenses of the public service of
this Province, not othenvise provided for, for the financial
year ending the 31st day of March, 1949, and for other pur-
poses connected with the public service; May it therefore
please Your Majesty that it may be enacted, and it is hereby
enacted by the King's Most Excellent Majesty, by and with
the advice and consent of the Legislative Assembl>- of the
Province of Ontario, as follows:

1. From and out of the Consolidated Revenue Fund of t^i'^^li^j^jj^^--
Province, there may be paid and applied a sum not exceeding en'inted for
in the whole one hundred and forty-nine million, sixty-four 1943.49.**
thousand, six hundred and nineteen dollars towards defraying
the several charges and expenses of the public service of this
Province, not otherwise provided for, from the 1st day of
April, 1948, to the 31st day of March, 1949, as set forth in
schedule A to this Act, and such sum shall be paid and applied
only in accordance with the votes and items of the estimates
upon Avhich such schedule is based.

2 Accounts in detail of all moneys received on account of a^^^^UT'* *°
this Province during the financial year 1948-49 and of all ^fo^™^,^
expenditures under schedule A of this Act shall be laid before

the Legislative Assembly at the first sitting after the 31st day
of December, 1948.

3 Any part of the money under schedule A appropriated :
bv this Act out of the Consolidated Revenue, which may ^ ,
unexpended on the 31st day of March. 1949 shall not betoUp^
expended thereafter, except in the pa>-ment of accounts and

156

Ullf X|'«'Iii>«»U

Hvv. Slut,
c. 24.

expenses incurred on or prior to tlie siiicUday; and all balances
remaining unexpended after the said date or at such subse-
quent date as niay be fixed by the Lieutenant-Governor in
Council under the provisions of The Audit Act shall lapse
and be written off.

^r*^expendf- '*• ^ '^^ ^^^^ application of all moneys expended under this
ture. Act out of the Consolidated Revenue shall be accounted for

to His Majesty.

Commence- 5. This Act shall come into force on the da\' upon which it
ment of Act. . ., t> i a 4.

receives the Royal Assent.
Short title. 6. This Act may be cited as The Supply Act, 1948.

156

SCHEDULE A

Sums granted to His Majesty by this Act for the financial
year ending on the thirty-first day of March, one thousand
nine hundred and forty-nine to defray expenses of:

Agriculture Department S 5,867,920. IM)

Attorney-General's Department 6,006,165.00

Education Department 41,453,(K)0.OO

Health Department 2l!8%.800. 00

Highways Department 2,666,800.00

Insurance Department 96,700.00

Labour Department 4,860,992. 00

Lands and Forests Department 8,192,000. 00

Lieutenant-Governor's Office 14,000.00

Mines Department 757,700. 00

Municipal Affairs Department 650,500.00

Planning and Development Department 598,845.00

Prime Minister's Office 33,360. 00

Provincial Auditor's Office 1 74,500. 00

Provincial Secretary's Department 1,517,700.00

Provincial Treasurer's Department 2,251.050.00

Public Welfare Department 36,041.737.00

Public Works Department 9,675,000.00

Reform Institutions Department 5,691,900.00

Travel and Publicitv Department 467,950.00

Miscellaneous 150.000.00

Total estimates for expenditure of 1948-

1949 $149,064.619. 00

156

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