LEGISLATIVE ASSEMBLY
OF ONTARIO
FOURTH SESSION OF THE ^-?^'^^
TWENTY-SIXTH PARLIAMENT ^
BILLS
AS INTRODUCED IN THE HOUSE
TOGETHER WITH
REPRINTS AND THIRD READINGS
SESSION -'^
NOVEMBER 27th to DECEMBER 19th, 1962
FEBRUARY 5th to APRIL 3rd, 1963
and
APRIL 17th to APRIL 26th, 1963
...J 4 / i /
<:)/
JV ...i;..
INDEX
FOURTH SESSION, TWENTY-SIXTH PARLIAMENT
November 27th to December 19th, 1962,
February 5th to April 3rd, 1963
and
April 17th to April 26th, 1963
PUBLIC BILLS
A Bill No.
Agricultural Rehabilitation and Development Act (Ontario), 1962-63... 10
Air Pollution Control Act — Act to amend 117
Alcoholism and Drug Addiction Research Foundation Act, 1949 —
Act to amend 50
Apprenticeship Act — Act to amend 147
Artificial Insemination of Cattle Act, 1962-63 92
Arts Council Act, 1962-63 162
Assessment Act — Act to amend 1 24
B
Bodies of Deceased Persons — See Human Tissue Act.
Boilers and Pressure Vessels Act, 1962-63 74
Brucellosis Act — Act to amend 161
Canadian National Exhibition Association Act, 1948 — Act to amend
(Lapsed) 84
Cemeteries Act — Act to amend 89
Charitable Institutions Act, 1962-63 15
Children's Boarding Homes Act — Act to amend 65
Children's Institutions Act, 1962-63 14
Children's Mental Hospitals Act — Act to amend 51
Child Welfare Act— Act to amend 120
Collection Agencies Act — Act to amend 125
Community Centres Act — Act to amend 33
Conditional Sales Act — Act to amend 5
Confederation Centennial Act, 1962-63 109
Conservation Authorities Act — Act to amend 47
Consolidated Revenue Fund — See Ontario Loan Act.
Construction Hoists Act, 1960-61— Act to amend 73
Construction Safety Act, 1961-62 — Act to amend 76
Co-operative Loans Act — Act to amend 31
13]
C— Continued Bill No.
Corporations — Act to amend 1^9
— Act to amend 146
Corporations Information Act— Act to amend 145
Corporations Tax Act— Act to amend 141
Cost of Credit — Act to provide for the Disclosure of (Lapsed) 102
County Courts Act — Act to amend 37
County Judges Act — Act to amend 29
Crown Attorneys Act — Act to amend 9
Crown, Proceedings Against — See Proceedings.
Custody of Documents Act— Act to amend 7
D
Dental Technicians Act — Act to amend 56
Department of Education Act — Act to amend (Lapsed) 59
— Act to amend 95
Department of Labour Act — Act to amend 77
Department of Municipal Affairs Act — Act to amend 69
Dependants' Relief Act — Act to amend 1
Deposits Solicited from the Public — Act regulating 153
District Welfare Administration Boards Act, 1962-63 136
Division Courts Act — Act to amend 42
Drainage Act, 1962-63 35
E
Economic Development Loans Guarantee Act, 1962-63 1
Election Act — Act to amend (Lapsed) 30
— Act to amend (Lapsed) 101
Emergency Measures — Act respecting 91
Execution Act — Act to amend 61
Expropriation Procedures Act, 1962-63 1|1
F
Factory, Shop and Office Building Act— Act to amend 75
Farm Products Marketing Act— Act to amend . 106
— Act to amend 164
Fire Departments Act— Act to amend 103
Fire Marshals Act— Act to amend 104
Food Council — See Ontario Producers.
Game and Fish Act, 1961-62— Act to amend 20
Gas and Oil Leases Act, 1962-63 130
Gasoline Handling Act— Act to amend 99
Gasoline Tax Act— An Act to amend 98
General Sessions Act— Act to amend 38
G — Continued
Bill No.
General Welfare Assistance Act — Act to amend 13
Grand River Conservation Act, 1938 — Act to amend 48
Guarantee by the Province of Loans —
See Economic Development Loans Guarantee Act.
H
Harbours — See Ontario Harbours.
Highway Improvement Act — Act to amend 131
Highway Traffic Act— Act to amend 4
— Act to amend 79
Homes for Retarded Children Act, 1962-63 16
Hospital Services Commission Act — Act to amend 54
Hours of Work and Vacations with Pay Act — Act to amend (Lapsed) .... 115
— Act to amend (Lapsed) .... 122
Human Tissue Act, 1962-63 28
Hunter Damage Compensation Act, 1962-63 149
I
Income Tax Act, 1961-62 — Act to amend 26
Income Tax Agreement Act, 1962-63 27
Indian Welfare Services Act — Act to amend 11
Insurance Act — Act to amend 134
Investigation of Titles Act — Act to arnend 6
J
Junior Farmer Establishment Act — Act to amend 43
Jurors Act — Act to amend 150
K
Killarney Recreational Reserve — Act to establish 119
Kinsmen Club of Kenora — Act respecting 108
L
Labour Relations Act — Act to amend (Lapsed) 24
— Act to amend (Lapsed) 58
— Act to amend 132
Lakes and Rivers Improvement Act — Act to amend 19
Land Titles Act — Act to amend 158
Leamington, Town of — Act respecting the Assessment of 112
Legislative Assembly Act — Act to amend (Lapsed) 100
Line Fences Act — Act to amend 66
Loan Act, 1962-63— See Ontario.
Loans, Economic Development — See Economic Development,
Local Improvement Act — Act to amend 67
Loggers' Safety Act, 1962-63 72
Logging Tax Act — Act to amend 142
6
M Bill No.
Meat Inspection Act (Ontario), 1962-63 25
Mechanics' Lien Act— Act to amend 62
Medical Act— Act to amend 118
Medical Services Insurance— Act respecting (Lapsed) 163
Mental Hospitals Act— Act to amend 116
Milk Industry Act— Act to amend 160
Minimum Wage Act— Act to amend • 121
Mining Act— Act to amend 78
Mortgage Brokers Registration Act— Act to amend 126
Mothers' and Dependent Children's Allowances Act — Act to amend 12
Municipal Act— Act to amend 80
Municipal Board — See Ontario.
Municipal Unconditional Grants Act— Act to amend 1 13
Municipality of Metropolitan Toronto Act — Act to amend 155
N
National Radio Observatory Act, 1962-63 107
Notaries Act, 1962-63 63
Nurses Act, 1961-62— Act to amend 143
O
Oleomargarine Act — Act to amend 159
Ontario Harbours Agreement Act, 1962-63 17
Ontario Human Rights Code, 1961-62 — Act to amend (Lapsed) 93
Ontario Loan Act, 1962-63 148
Ontario Municipal Board Act — Act to amend 68
— Act to amend 154
Ontario Producers, Processors, Distributors and Consumers Food
Council Act, 1962-63 105
Ontario-St. Lawrence Development Commission Act — Act to amend 3
Ontario Water Resources Commission Act — Act to amend H4
Ophthalmic Dispensers Act, 1960-61 — Act to amend 71
P
Parks Assistance Act — Act to amend 18
Partnership Registration Act — Act to amend 8
Pension Benefits Act, 1962-63 110
Pesticides Act — Act to amend 53
Planning Act — Act to amend 70
Police Act — Act to amend 157
Private Hospitals Act — Act to amend 55
Private Sanitaria Act — Act to amend 88
Proceedings Against the Crown Act, 1962-63 128
Provincial Parks Act — Act to amend 49
Psychiatric Hospitals Act — Act to amend 86
Psychologists Registration Act — Act to amend 52
Public Health Act— Act to amend 85
P — Continued
Bill No.
Public Lands Act — Act to amend '64
Public Libraries Act — Act to amend 23
Public Officers' Fees Act — Act to amend 40
Public Schools Act — Act to amend 22
Public Service Act, 1961-62 — Act to amend 57
Public Service Superannuation Act — Act to amend 137
Public Utilities Act — Act respecting 82
Public Works Creditors Payment Act, 1962-63 156
R
Radio Observatory — See National.
Radiological Technicians Act, 1962-63 87
Real Estate and Business Brokers Act — Act to amend 127
Registry Act — Act to amend 45
Representation Act — Act to amend (Lapsed) 36
— Act to amend 44
Research Foundation Act, 1944 — Act to amend 60
Retail Sales Tax Act, 1960-61 — Act to amend 46
Ryerson Polytechnical Institute — Act respecting 81
S
Schools Administration Act — Act to amend 21
— Act to amend 96
Secondary Schools and Board of Education Act — Act to amend 94
Securities Act — Act to amend 151
— Act to amend 152
Separate Schools Act — Act to amend 97
Statistics Act, 1962-63 123
Statute Labour Act — Act to amend 129
St. Lawrence — See Ontario-St. Lawrence.
Succession Duty Act — Act to amend 138
Supply Act, 1962-63 165
Surrogate Courts Act — Act to amend 39
T
Teachers' Superannuation Act — Act to amend 135
Telephone Act — Act to amend 32
Territorial Districts Welfare Administration Boards — See District.
U
University of Toronto Lands Act, 1962-63 144
V
Vital Statistics Act — Act to amend 140
Voters' Lists Act — Act to amend 41
8
W Bill No.
Wages Act — Act to amend ^^^
Warble Fly Control Act— Act to amend
(Not reported by Committee on Agriculture) 34
Water Resources Commission — See Ontario.
Welfare Administration Boards— See District.
Wills Act— Act to amend ^0
Workmen's Compenstion Act — Act to amend 83
PRIVATE BILLS
B
Baptist Convention of Ontario and Quebec— Act respecting Pr6
Bath, Village of — Act respecting Pr4
Beechwood Cemetery Company of the City of Ottawa Pr20
Belleville, City of — Act respecting Pr8
— Act respecting Pr9
Belleville General Hospital — Act respecting. Pr56
Boys' Home — Act respecting Prl2
Bruce Township — Act respecting Prl8
Burlington, Town of — Act respecting Pr60
Canadian National Exhibition Association — Act respecting (Not reported
by Committee on Private Bills) Pr27
Carleton, County of — Act respecting Pr46
Chatham Community Young Men's Christian Association — Act respecting Prl6
Chemical Profession of Ontario, Association of — Act to incorporate PrlO
Cobourg, Ontario, Young Men's Christian Association-
Young Women's Christian Association — Act respecting Pr21
Coniston High School Board — See Sudbury.
Dufferin County — Act respecting Pr3 1
E
East York Township — Act respecting (Withdrawn) Pr42
Elliott — Act to incorporate The Prl5
Eramosa Township School Area — Act respecting Prl7
Erin Township School Area No. 2 — Act respecting Pr28
F
Fort Erie, Town of — Act respecting Pr2
Bill No.
Gloucester Township High School Board and Ottawa Collegiate
Institute Board — Act respecting Pr33
Grimsby, Town of — Act respecting Pr47
Guelph General Hospital — Act respecting Prl4
Guelph Young Men's and Young Women's Christian Association —
Act respecting Pr22
H
Halton, County of^-Act respecting Pr54
Hamilton, City of — Act respecting Pr41
Hearst, Town of — Act respecting Pr38
I
Innisfil Township — Act respecting Prl3
L
Leduc Public School Board (S.S. No. 1) Act, 1962-63 Pr59
Librarians, Institute of Professional, of Ontario — Act respecting Pr40
Lincoln, County of — Act respecting Pr51
London, City of — Act respecting Pr34
M
Mimico, Town of — Act respecting Pr52
Municipal Clerks and Finance Officers' Association of Ontario —
Act respecting (Withdrawn) Pr62
Mc
McMaster University — Act respecting Pr58
N
Niagara Falls, City of — Act respecting Pr43
North Grimsby Township — Act respecting
(Not reported by Committee on Private Bills) Pr25
Northumberland and Durham, United Counties of — Act respecting Pr45
O
Oshawa, City of — Act respecting Prl
Ottawa, City of — Act respecting Pr48
Ottawa Civic Hospital — Act respecting Pr49
Ottawa Collegiate Institute Board — See Gloucester.
10
P Bill No.
Port Arthur, City of — Act respecting Pr39
Presbyterian Church in Canada — Act respecting Pr7
R
Richardson Trust, George Taylor — Act respecting Pr3
S
Sault Ste. Marie, City of — Act respecting Pr32
Scarborough Township — Act respecting Pr23
St. Catharines General Hospital — Act respecting Pr53
Sudbury and Coniston High School Boards — Act respecting Pr30
Sudbury Youth Centre — Act respecting Pr5
T
Toronto, City of — Act respecting Pr26
Toronto Township — Act respecting Pr35
— Act respecting Pr44
Trent University — Act to incorporate Pr24
W
Wallaceburg, Town of — Act respecting Pr50
Waterloo, City of — Act respecting. Prl9
Waterloo, University — Act respecting Pr37
Windsor, City of — Act respecting Pr29
Windsor University — Act respecting Pr36
Wood, Esther Taylor, Trust and Evans, John Taylor, Memorial Trust —
Act respecting Pr 1 1
Y
York Township — Act respecting Pr55
— Act respecting Pr57
BILL 81
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act respecting Ryerson Polytechnical Institute
Mr. Davis
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
This Bill changes the name of Ryerson Institute of Technology to
Ryerson Poly technical Institute and incorporates a Board of Governors to
manage its affairs.
81
BILL 81 1962-63
An Act respecting
Ryerson Polytechnical Institute
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, JatW"-
(a) "Board" means The Board of Governors of Ryerson
Polytechnical Institute;
(b) "Institute" means Ryerson Polytechnical Institute;
(c) "Minister" means the Minister of Education;
(d) "Principal" means the Principal of Ryerson Poly-
technical Institute;
(e) "property" includes real and personal property.
2. The Ryerson Polytechnical Institute is hereby estab- p^y®'"^^'^
lished, and the government, conduct, management and control technical
of the Ryerson Institute of Technology established by Order established
in Council on the 16th day of September, 1948, are hereby
transferred to the Board.
3. The objects and purposes of the Institute are, objects
(a) to provide courses of study in any branch of tech-
nology;
(b) to provide courses of study in any branch of business
or commerce;
(c) to provide courses of study to be sponsored jointly
with any department of the Provincial Government,
with industry or commerce, or with other educational
institutions.
81
Board
established
4. — (1) There shall be a Board of Governors, which is
hereby constituted a body corporate under the name "The
Board of Governors of Ryerson Polytechnical Institute'
Composition ^2) The Board shall be composed of,
(a) the Minister or his representative;
H>
(b) a representative of the University of Toronto
appointed by its Board of Governors;
(c) a representative of the Association of Professional
Engineers of the Province of Ontario appointed by
its Council;
(d) the Principal; and
(e) nine persons who are residents of Ontario, appointed
by the Lieutenant Governor in Council.
Term of
office of
members
(3) Of the first members appointed under clause e of sub-
section 2, one-third shall be appointed to hold ofifice for two
years, one-third for four years and one-third for six years,
and thereafter members shall be appointed to hold office for
six years, but each member shall continue to hold office until
his successor is appointed.
ft)r*re-'"*^ (4) An appointed member of the Board is eligible for re-
appointment appointment.
Vacancy
(5) If a member of the Board appointed by the Lieutenant
Governor in Council ceases to have his customary place of
residence in Ontario, or through prolonged illness becomes
incapable of acting as a member, he ipso facto vacates his
office, and it is the duty of the Board by resolution to declare
his office vacant.
Absence
from
meetings
(6) If within any calendar year a member of the Board
appointed by the Lieutenant Governor in Council, not having
been granted leave of absence by the Board, attends fewer
than one-third of the meetings of the Board, he ipso facto
vacates his office, and it is the duty of the Board by resolution
to declare his office vacant.
Resolution
(7) A resolution passed under this section and entered in
the minutes of the Board is conclusive evidence of the vacancy
therein declared.
81
(8) When a vacancy on the Board occurs in the office of a ^acam;ies
member appointed by the Lieutenant Governor in Council
before the term of office for which he was appointed expires,
the vacancy shall be filled by the appointment by the
Lieutenant Governor in Council of a successor who shall hold
office for the remainder of the term.
(9) Notwithstanding any vacancy on the Board, as longpo^g^g®® °^
as one-third of the members appointed by the Lieutenant
Governor in Council remain in office, the Board is competent
to exercise all or any of its powers.
(10) Five members of the Board constitute a quorum. Quorum
(11) The Board shall elect a chairman and a vice-chairman ^j^^^'"'^^"'
from among its members who were appointed by the chairman
Lieutenant Governor in Council.
(12) In the absence or illness of the chairman, the vice- ^j^'^^^^^^^^*^
chairman shall act as and have all the powers of the chairman.
(13) In the absence or illness of the chairman and the ^h'alrman'*^
vice-chairman, the Board may appoint one of its members ^^^jj?^*^®j^
to act as chairman pro tempore, and the member so appointed
shall act as and have all the powers of the chairman.
5. — (1) The Board by resolution may appoint committees ^°™'^'**®®^
and confer upon any of such committees authority to act for
the Board with respect to any matter or classes of matters.
(2) A majority of the members of every such committee b^^Board ^^
shall be members of the Board. members
Princio3il
(3) The Principal is a member of every such committee, member of
(4) No decision of a committee that includes in its mem- ^mmfttees
bership persons who are not members of the Board is effective
until approved and ratified by the Board.
6. All real and personal property heretofore or hereafter P^^p^J^t^y
granted, conveyed, devised or bequeathed to the Institute, Board
or to any person in trust for the Institute or any of its divisions
or departments, subject to any trust affecting such property,
is vested in the Board.
7. The government, conduct, management and control of ^^"ttftu't^e"*
the Institute and of its property, revenues, expenditures, glfard "^
business and affairs are vested in the Board, and the Board
has all powers necessary or convenient to perform its duties
81
and achieve the objects of the Institute, including, without
limiting the generality of the foregoing, power,
(a) to make rules governing its procedures;
(b) to appoint the Principal and define his duties and
responsibilities ;
(c) upon the recommendation of the Principal,
(i) to appoint, promote, transfer or remove such
members of the administrative staff, the
teaching faculty and the maintenance staff
as it deems necessary or advisable for the
proper conduct of the affairs of the Institute,
and to fix their salaries or remuneration and
increments and to define their duties, qualifi-
cations and tenure of office or employment,
which, unless otherwise provided, shall be
during the pleasure of the Board,
(ii) to appoint officers and to prescribe their
powers and duties and fix their salaries or
remuneration and tenure of office or employ-
ment;
(d) to provide for the establishment of faculty and any
other staff organizations and to prescribe their
duties and responsibilities;
(e) to expend such sums as the Board may deem neces-
sary for the support and maintenance of the Institute
and for the betterment of existing buildings and the
erection of such new buildings as the Board may
deem necessary for the use and purposes of the
Institute and for the furnishings and equipment of
such existing and newly-erected buildings;
(/) to expend such sums as the Board may deem neces-
sary for the erection, equipment, furnishings and
maintenance of residences and dining halls for the
use of the students of the Institute, whether such
students are graduates or under-graduates;
(g) to acquire, hold and maintain such real property as
the Board deems necessary for the use of the
students of the Institute for athletic purposes and
to erect and maintain such buildings and structures
thereon as it deems necessary;
81
(h) to provide such means for health service, health
examination and physical instruction training for the
students of the Institute as the Board deems
necessary ;
(i) to provide for the retirement and superannuation of
persons mentioned in clauses b and c;
(j) to provide for payments by way of gratuities, re-
tiring allowances, accumulative sick leave allowances,
superannuation allowances, pensions, annuities or
life insurance, or any combination thereof, payable
to any representative or for the benefit of the persons
mentioned in clauses b and c, or any class or classes
thereof, out of a fund or funds comprising contribu-
tions made by such persons, or any class or classes
thereof, or by the Board, or both, or otherwise;
(k) to expend such sums as may be required for the
purposes of funds that are established for the pay-
ment of gratuities, retirement allowances, pensions,
life insurance, or health insurance, for the benefit
of the persons mentioned in clause j;
(/) to appoint by resolution a member or members of
the Board, or any other person or persons, to execute
on behalf of the Board either documents and other
instruments in writing generally or specific docu-
ments and other instruments in writing and to affix
the corporate seal of the Board thereto;
(m) in addition to the powers, rights and privileges
mentioned in section 26 of The Interpretation Act,^-^^'^^^^-
to purchase, acquire, take and hold by deed, grant,
gift, bequest or devise, or otherwise, property for
the purposes of the Institute without licence in
mortmain, and to sell, grant, convey, mortgage, lease
or otherwise dispose of such property, or any part
thereof, and every person shall have the unrestricted
right to deed, to devise and bequeath or to establish
trusts for property, real and personal, for the purposes
of the Institute;
(n) without the consent of the owner, tenant or of any
persons interested therein, except a municipal cor-
poration, to enter upon, take, use and expropriate
all such real property as the Board may deem
necessary for the purposes of the Institute, making
due compensation for such real property to the
owners and occupiers thereof and all persons having
81
any interest therein, and the provisions of The Mum-ffg- i^^o.
cipal Act as to taking land compulsorily and making
compensation therefor and as to the manner of
determining and paying the compensation shall
mutatis mutandis apply to the Board and to the
exercise by it of the powers conferred by this clause,
and, where any act is by any such provision required
to be done by a clerk of a municipality or at the
office of such clerk, the like act shall be done by the
Principal or at the office of the Principal, as the
case may be;
(o) to borrow money for its purposes upon its credit
and to mortgage, hypothecate or pledge as security
for it any land or property vested in or held by the
Board ;
(p) to invest funds of the Board not immediately re-
quired for its purposes and the proceeds of all
property vested in or held by the Board, subject
to the limitations imposed by any trust, in such
investments as the Board may see fit;
(q) after consultation with the Minister,
(i) to enter into an arrangement with any federal,
provincial, municipal, local or other authority
that may seem conducive to the objects of the
Institute,
(ii) to establish a branch or branches of the
Institute in suitable locations,
(iii) to enter into agreement with other educa-
tional institutions of higher learning, or with
industry or commerce, to provide instruction
or to give instruction,
(iv) to affiliate with or federate with other in-
stitutions of higher learning on such terms
and for such periods of time as the Board
may determine,
(v) to establish such new courses of instruction
as the Board deems appropriate;
(r) to fix fees to be paid by the students for instruction,
laboratory work, examinations, certificates, diplomas
and any ancillary activities;
81
(s) to establish the length of the academic year, vaca-
tions for staff and for students and the hours of
instruction ;
(/) to establish, solicit, collect and administer awards,
bursaries, prizes and scholarships for students at
the Institute;
(w) to appoint advisory committees to advise the Board
on curriculum development, equipment, placement of
graduates, bursaries and scholarships, and such other
matters as may affect the course or departments and
the students enrolled therein.
8. The accounts of the Board shall be audited at least once ^^^^^
a year by an auditor or auditors appointed by the Board.
9. — (1) The Board, after the close of each academic year. Annual
shall file with the Minister an annual report in such form as'^^''"'^
the Minister may require.
(2) The Minister shall submit the report to the Lieutenant Tabling of
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.
10. The Teachers' Superannuation Act applies to the super-
instructional staff of the Institute in the same manner as if r.s.o. i960,
the Institute were specified by name in subclause v of clause d'^- ^^^
of section 1 of that Act.
11. This Act comes into force on a day to be named by the ^^!^^"^®"°®"
Lieutenant Governor by his proclamation.
12. The Act may be cited as The Ryerson P oly technical ^^^^^ ^^^^^
Institute Act, 1962-63.
81
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BILL 81
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act respecting Ryerson Poly technical Institute
Mr. Davis
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 81 1962-63
An Act respecting
Ryerson Polytechnical Institute
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, Jaffi'-^-
(a) "Board" means The Board of Governors of Ryerson
Polytechnical Institute;
(b) "Institute" means Ryerson Polytechnical Institute;
(c) "Minister" means the Minister of Education;
(d) "Principal" means the Principal of Ryerson Poly-
technical Institute;
(g) "property" includes real and personal property.
2. The Ryerson Polytechnical Institute is hereby estab- p^y^'"_so'^
lished, and the government, conduct, management and control technical
of the Ryerson Institute of Technology established by Order established
in Council on the 16th day of September, 1948, are hereby
transferred to the Board.
3. The objects and purposes of the Institute are, Objects
(a) to provide courses of study in any branch of tech-
nology ;
(b) to provide courses of study in any branch of business
or commerce;
(c) to provide courses of study to be sponsored jointly
with any department of the Provincial Government,
with industry or commerce, or with other educational
institutions.
81
Board 4.— (1) There shall be a Board of Governors, which is
eetabhehed ^^^^^^ constituted a body corporate under the name "The
Board of Governors of Ryerson Polytechnical Institute".
Composition ^2) The Board shall be composed of,
(a) the Minister or his representative;
(b) a representative of the University of Toronto
appointed by its Board of Governors;
(c) a representative of the Association of Professional
Engineers of the Province of Ontario appointed by
its Council;
Term of
office of
members
(d) the Principal; and
(e) nine persons who are residents of Ontario, appointed
by the Lieutenant Governor in Council.
(3) Of the first members appointed under clause e of sub-
section 2, one-third shall be appointed to hold ofifice for two
years, one-third for four years and one-third for six years,
and thereafter members shall be appointed to hold office for
six years, but each member shall continue to hold office until
his successor is appointed.
Eligibility
for re-
appointment appomtment.
(4) An appointed member of the Board is eligible for re-
vacancy (5) jf ^ member of the Board appointed by the Lieutenant
Governor in Council ceases to have his customary place of
residence in Ontario, or through prolonged illness becomes
incapable of acting as a member, he ipso facto vacates his
office, and it is the duty of the Board by resolution to declare
his office vacant.
Absence
from
meetings
(6) If within any calendar year a member of the Board
appointed by the Lieutenant Governor in Council, not having
been granted leave of absence by the Board, attends fewer
than one- third of the meetings of the Board, he ipso facto
vacates his office, and it is the duty of the Board by resolution
to declare his office vacant.
Resolution
(7) A resolution passed under this section and entered in
the minutes of the Board is conclusive evidence of the vacancy
therein declared.
;i
(8) When a vacancy on the Board occurs in the office of a^^'^^'^s.^^
member appointed by the Lieutenant Governor in Council
before the term of office for which he was appointed expires,
the vacancy shall be filled by the appointment by the
Lieutenant Governor in Council of a successor who shall hold
office for the remainder of the term.
(9) Notwithstanding any vacancy on the Board, as long po^grs*® °^
as one-third of the members appointed by the Lieutenant
Governor in Council remain in office, the Board is competent
to exercise all or any of its powers.
(10) Five members of the Board constitute a quorum.
Quorum
(11) The Board shall elect a chairman and a vice-chairman Chairman,
. . vicG-
from among its members who were appointed by the chairman
Lieutenant Governor in Council.
(12) In the absence or illness of the chairman, the vice- ^"^^^^1^^*^
chairman shall act as and have all the powers of the chairman.
Absence of
(13) In the absence or illness of the chairman and the chairman
vice-chairman, the Board may appoint one of its members ^^^ir^^an
to act as chairman pro tempore, and the member so appointed
shall act as and have all the powers of the chairman.
5. — (1) The Board by resolution may appoint committees ^°'^'^'**®®®
and confer upon any of such committees authority to act for
the Board with respect to any matter or classes of matters.
(2) A majority of the members of every such committee b^^Board **^
shall be members of the Board. members
(3) The Principal is a member of every such committee.
Principal,
member of
committees
(4) No decision of a committee that includes in its mem- ^mmutees^
bership persons w^ho are not members of the Board is effective
until approved and ratified by the Board.
6. All real and personal property heretofore or hereafter p^^Pj^^'^j^
granted, conveyed, devised or bequeathed to the Institute, Board
or to any person in trust for the Institute or any of its divisions
or departments, subject to any trust affecting such property,
is vested in the Board.
7. The government, conduct, management and control of ^^inltftut^e'^*
the Institute and of its property, revenues, expenditures, Howard '"
business and afiFairs are vested in the Board, and the Board
has all powers necessary or convenient to perform its duties
81
and achieve the objects of the Institute, including, without
limiting the generality of the foregoing, power,
(a) to make rules governing its procedures;
(b) to appoint the Principal and define his duties and
responsibilities;
(c) upon the recommendation of the Principal,
(i) to appoint, promote, transfer or remove such
members of the administrative staff, the
teaching faculty and the maintenance staff
as it deems necessary or advisable for the
proper conduct of the affairs of the Institute,
and to fix their salaries or remuneration and
increments and to define their duties, qualifi-
cations and tenure of ofiice or employment,
which, unless otherwise provided, shall be
during the pleasure of the Board,
(ii) to appoint officers and to prescribe their
powers and duties and fix their salaries or
remuneration and tenure of office or employ-
ment;
(d) to provide for the establishment of faculty and any
other staff organizations and to prescribe their
duties and responsibilities;
(e) to expend such sums as the Board may deem neces-
sary for the support and maintenance of the Institute
and for the betterment of existing buildings and the
erection of such new buildings as the Board may
deem necessary for the use and purposes of the
Institute and for the furnishings and equipment of
such existing and newly-erected buildings;
(/) to expend such sums as the Board may deem neces-
sary for the erection, equipment, furnishings and
maintenance of residences and dining halls for the
use of the students of the Institute, whether such
students are graduates or under-graduates ;
(g) to acquire, hold and maintain such real property as
the Board deems necessary for the use of the
students of the Institute for athletic purposes and
to erect and maintain such buildings and structures
thereon as it deems necessary;
81
(h) to provide such means for health service, health
examination and physical instruction training for the
students of the Institute as the Board deems
necessary ;
(i) to provide for the retirement and superannuation of
persons mentioned in clauses b and c;
(J) to provide for payments by way of gratuities, re-
tiring allowances, accumulative sick leave allowances,
superannuation allowances, pensions, annuities or
life insurance, or any combination thereof, payable
to any representative or for the benefit of the persons
mentioned in clauses b and c, or any class or classes
thereof, out of a fund or funds comprising contribu-
tions made by such persons, or any class or classes
thereof, or by the Board, or both, or otherwise;
(k) to expend such sums as may be required for the
purposes of funds that are established for the pay-
ment of gratuities, retirement allowances, pensions,
life insurance, or health insurance, for the benefit
of the persons mentioned in clause j;
(/) to appoint by resolution a member or members of
the Board, or any other person or persons, to execute
on behalf of the Board either documents and other
instruments in writing generally or specific docu-
ments and other instruments in writing and to affix
the corporate seal of the Board thereto;
(m) in addition to the powers, rights and privileges
mentioned in section 26 of The Interpretation Act,^f^-^^^^'
to purchase, acquire, take and hold by deed, grant,
gift, bequest or devise, or otherwise, property for
the purposes of the Institute without licence in
mortmain, and to sell, grant, convey, mortgage, lease
or otherwise dispose of such property, or any part
thereof, and every person shall have the unrestricted
right to deed, to devise and bequeath or to establish
trusts for property, real and personal, for the purposes
of the Institute;
(w) without the consent of the owner, tenant or of any
persons interested therein, except a municipal cor-
poration, to enter upon, take, use and expropriate
all such real property as the Board may deem
necessary for the purposes of the Institute, making
due compensation for such real property to the
owners and occupiers thereof and all persons having
81
R.s.o. 1960, any interest therein, and the provisions of The Muni-
°' ^*® cipal Act as to taking land compulsorily and making
compensation therefor and as to the manner of
determining and paying the compensation shall
mutatis mutandis apply to the Board and to the
exercise by it of the powers conferred by this clause,
and, where any act is by any such provision required
to be done by a clerk of a municipality or at the
ofifice of such clerk, the like act shall be done by the
Principal or at the ofifice of the Principal, as the
case may be;
(o) to borrow money for its purposes upon its credit
and to mortgage, hypothecate or pledge as security
for it any land or property vested in or held by the
Board ;
(P) to invest funds of the Board not immediately re-
quired for its purposes and the proceeds of all
property vested in or held by the Board, subject
to the limitations imposed by any trust, in such
investments as the Board may see fit;
(q) after consultation with the Minister,
(i) to enter into an arrangement with any federal,
provincial, municipal, local or other authority
that may seem conducive to the objects of the
Institute,
(ii) to establish a branch or branches of the
Institute in suitable locations,
(iii) to enter into agreement with other educa-
tional institutions of higher learning, or with
industry or commerce, to provide instruction
or to give instruction,
(iv) to affiliate with or federate with other in-
stitutions of higher learning on such terms
and for such periods of time as the Board
may determine,
(v) to establish such new courses of instruction
as the Board deems appropriate;
(r) to fix fees to be paid by the students for instruction,
laboratory work, examinations, certificates, diplomas
and any ancillary activities;
81
(s) to establish the length of the academic year, vaca-
tions for staff and for students and the hours of
instruction ;
(/) to establish, solicit, collect and administer awards,
bursaries, prizes and scholarships for students at
the Institute;
(u) to appoint advisory committees to advise the Board
on curriculum development, equipment, placement of
graduates, bursaries and scholarships, and such other
matters as may affect the course or departments and
the students enrolled therein.
8. The accounts of the Board shall be audited at least once '^"^'*
a year by an auditor or auditors appointed by the Board.
9. — (1) The Board, after the close of each academic year. Annual
shall file with the Minister an annual report in such form as
the Minister may require.
(2) The Minister shall submit the report to the Lieutenant Tabling of
• • rGDort
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.
10. The Teachers' Superannuation Act applies to the^^P®"":.
1 /-<• f 1 T • -1 annuation
instructional start ot the Institute in the same manner as it r.s.o. i960,
the Institute were specified by name in subclause v of clause d '
of section 1 of that Act.
392
11. This Act comes into force on a day to be named by the ^q^^'"®"*'®'
Lieutenant Governor by his proclamation.
12. The Act may be cited as The Ryerson Polytechnical^^°^^ ^^^^^
Institute Act, 1962-63.
81
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BILL 82
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Public Utilities Act
Mr. Spooner
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The amendment is complementary to the amendment to section 380
of The Municipal Act, which authorizes the imposition of rates to pay for
the whole or part of the capital costs of the construction of a water works.
82
BILL 82 1962-63
An Act to amend The Public Utilities Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 3 of section 35 of The Public Utilities Act ''^^^.'tzi',l^%t\
amended by adding at the commencement thereof "Except |^|^^^^
where a water works rate is imposed under section 380 of The
Municipal Act'', so that the subsection shall read as follows:
(3) Except where a water works rate is imposed under where levy
section 380 of The Mmiicipal Act, it is not necessary necessary
to levy any rate to provide for sinking fund and
interest or other payments on account of any deben-
tures issued by the municipality for the construction,
extension or improvement of the utility, other than
those issued under The Local Improvement Act, except ^".^249 ,"^223'
to the extent to which the receipts paid over under
subsection 1 are insufficient to meet the annual pay-
ments falling due on account of principal and interest
of the debentures.
2. This Act comes into force on the day it receives Royal commence-
Assent.
3. This Act may be cited as The Public Utilities Amendment Short title
Act, 1962-63.
82
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BILL 82
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Public Utilities Act
Mr. Spooner
{Reprinted as amended by the Committee on Municipal Law)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Sections 1 and 2. The amendments remove the limitation of 15 miles
within which water facilities may be expropriated by a municipality.
Section 3. The amendment is complementary to the amendment to
section 380 of The Municipal Act, which authorizes the imposition of rates
to pay for the whole or part of the capital costs of the construction of a
water works.
82
BILL 82 1962-63
An Act to amend The Public Utilities Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 2 of section 2 of The Public Utilities Act i^^:tS,:l^T.'
repealed. ^Ipl^ted
2. Subsection 2 of section 4 of The Public Utilities Act '^^^f'^l^^'
amended by inserting after "within" in the fifth line "or with- subs. 2,
out" and by striking out "or within the distance limited by
subsection 2 of section 2" in the sixth and seventh lines, so
that the subsection shall read as follows:
(2) The corporation and its servants may for such I'j^^^®'"^^^
purposes enter and pass upon and over such inter- inter-
mediate land, and may, if necessary, cut and dig uplands
the same and lay pipes through it, and in, upon,
through, over and under the highways, lanes and
other public communications within or without the
municipality, and in, upon, through, over and under
the land of any person within the municipality.
3. Subsection 3 of section 35 of The Public Utilities Act isRfgO- 1960,
amended by adding at the commencement thereof "Except subs. 3,
where a water works rate is imposed under section 380 of The
Municipal Act'\ so that the subsection shall read as follows:
(3) Except where a water works rate is imposed under where levy
section 380 of The Municipal Act, it is not necessary necessary
to levy any rate to provide for sinking fund and
interest or other payments on account of any deben-
tures issued by the municipality for the construction,
extension or improvement of the utility, other than
those issued under The Local Improvement Act, except ^■^2?9.^223'
to the extent to which the receipts paid over under
subsection 1 are insufficient to meet the annual pay-
ments falling due on account of principal and interest
of the debentures,
82
Commence- 4. jhis Act comes into force on the day it receives Royal
ment
Assent.
Short title 5^ jj^jg ^^,^ „,ay bg ^ited sis The Public Utilities Amendment
Act, 1962-63.
82
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BILL 82
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Public Utilities Act
Mr. Spooner
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 82 1962-63
An Act to amend The Public Utilities Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 2 of section 2 of The Public Utilities Act \&f:tS>;l^T,'
repealed. repeaild
2. Subsection 2 of section 4 of The Public Utilities Act ^^f:t^]l^f/
amended by inserting after "within" in the fifth line "or with-s^s^i^^
out" and by striking out "or within the distance limited by
subsection 2 of section 2" in the sixth and seventh lines, so
that the subsection shall read as follows:
(2) The corporation and its servants may for such l'^^'^®^^^^
purposes enter and pass upon and over such i'lter- inter- ^^
mediate land, and may, if necessary, cut and dig uplands
the same and lay pipes through it, and in, upon,
through, over and under the highways, lanes and
other public communications within or without the
municipality, and in, upon, through, over and under
the land of any person within the municipality.
3. Subsection 3 of section 35 of The Public Utilities Act isRf-O- 1960.
,,,,,. , . f ,,„ c- 335, S. 35,
amended by addmg at the commencement thereof Except subs. 3,
where a water works rate is imposed under section 380 of The
Municipal Act", so that the subsection shall read as follows:
(3) Except where a water works rate is imposed under where levy
section 380 of The Municipal Act, it is not necessary necessary
to levy any rate to provide for sinking fund and
interest or other payments on account of any deben-
tures issued by the municipality for the construction,
extension or improvement of the utility, other than
those issued under The Local Improvement Act, except ^■.^249/223 *
to the extent to which the receipts paid over under
subsection 1 are insufificient to meet the annual pay-
ments falling due on account of principal and interest
of the debentures.
82
Commence- 4, jhig ^^t comes into force on the day it receives Royal
ment
Assent.
Short title g^ jj^jg ^^^ ^^y jjg cited as The Public Utilities Amendment
Act, 1962-63.
82
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BILL 83
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Workmen's Compensation Act
Mr. Rowntree
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
f>
JJ> of J3/
Explanatory Notes
Section 1— Subsection 1. The word "accident" as used in the Act
is redefined in order to clarify its meaning in accordance with present
administrative practices.
Subsection 2. The effect of this amendment is to bring all school
boards under the Act.
Subsection 3 and Sections 3, 6, 9 and 12. These amendments raise
the maximum earnings upon which compensation may be paid from $5,000
to $6,000.
Sections 2 and 7. These amendments reduce the waiting period from
five days to three days.
83
BILL 83 1962-63
An Act to amend
The Workmen's Compensation Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Clause a of subsection 1 of section 1 of The Work-^-^^- ^^^^^
men's Compensation Act is repealed and the following sub- subs. i,ci. o.
, ^ ° re-enacted
stituted therefor:
(a) "accident" includes,
(i) a wilful and intentional act, not being the act
of the workman,
(ii) a chance event occasioned by a physical or
natural cause, and
(iii) disablement arising out of and in the course
of employment.
(2) Clause e of subsection 2 of the said section 1 is amended i^?-9- ^^?°'
C 43T S X
by striking out "except a rural school board", so that thesubs. 2, ci.'e,
, 1 11 1 r 11 amended
clause shall read as follows :
(e) a school board.
(3) Subsection 3 of the said section 1 is amended by striking R'S-O- i^^o,
out "$5,000" in the eleventh line and inserting in lieu thereof subs. 3,
"$6,000". "'"'"''^
2. Clause a of subsection 1 of section 3 of The Workmen' s^-^^j^^^'
Compensation Act is amended by striking out "five" in thesubs. i, ci. 'a,
, ,. , . . • f 1 r ii 1 >) amended
second hne and mserting m lieu thereot three .
3. Section 12 of The Workmen's Compensation Act is^lg^- 1^^^-
amended by striking out "$5,000" in the fifth line and inserting amended
in lieu thereof "$6,000".
83
R.s.o. 1960. 4, — (1) Clause d of subsection 1 of section 37 of The
subs.^i.^cK^rf, Workmen's Compensation Act is amended by striking out
"$25" in the fourth line and inserting in lieu thereof "$40"
and by striking out "$35" in the fifth line and inserting in lieu
thereof "$50".
amended
R.S.O. 1960, (2) Clause e of subsection 1 of the said section 37 is amended
8ubf.^Ji%P«,by striking out "$35" in the second line and inserting in lieu
thereof "$50".
amended
R.S.O. 1960, (3) Clause h of subsection 3 of the said section 37 is amended
8ub8.^3,^ci. fr, by striking out "$25" in the third line and inserting in lieu
amended ^^^j-eof "$40" and by striking out "$35" in the fifth line and
inserting in lieu thereof "$50".
^■fs? ■ l^li' ('*) Clause c of subsection 3 of the said section 37 is amended
subs. 3,"ci. £, bv striking out "$35" in the first line and inserting in lieu
amended / , ,,J^„,,
thereof "$50".
c^"437s^4i' ^* Section 41 of The Workmen's Compensation Act is
amended ' amended by striking out "is able to earn" in the fifth line and
inserting in lieu thereof "is physically capable of earning, as
determined by the Board", so that the section shall read as
follows :
partia?'^^'^^ 41. Where temporary partial disability results from the
disability injury, the compensation shall be a weekly payment
of 75 per cent of the difference between the average
weekly earnings of the workman before the accident
and the average amount that he is earning or is
physically capable of earning, as determined by the
Board, in some suitable employment or business
after the accident, and is payable so long as the
disability lasts, and subsection 3 of section 42
applies.
c^'43?' 8^44' ^* Subsection 1 of section 44 of The Workmen s Compensa-
ai^ended ^*^^ ^^^ '^ amended by striking out "$5,000" in the fourth
line and inserting in lieu thereof "$6,000".
c^f3?s^5i' '^* Subsection 1 of section 51 of The Workmen's Compensa-
^"^®i'^ tion Act is amended by striking out "five" in the third line
amended . . -^ r ,. , ,,
and msertmg in lieu thereof three .
c.'437,'s. 74! 8. Section 74 of The Workmen's Compensation Act is
repealed and the following substituted therefor:
74. — (1) The costs of and incidental to any proceeding
before the Board are in its discretion and may be
fixed in any case at a sum certain or may be taxed.
83
re-enacted
Costs
Section 4. These amendments increase pension allowances for
children other than orphans from $25 to $40 per month and for orphans
from $35 to $50 per month.
Section 5. The amendment is designed to clarify the intent.
Section 8. The section is re-enacted to enable the Workmen's
Compensation Board to award proper costs in proceedings before it.
83
Section 10. This amendment brings the section into line with thfe
increased jurisdiction of division courts.
Section 11. This provision is new; it is self-explanatory.
83
(2) The Board may order by whom and to whom any^'*®'^
costs are to be paid and by whom they are to be
taxed and allowed.
(3) The Board may prescribe a scale under which such ^^^"^
costs shall be taxed.
(4) In this section, the costs may include the costs of^'^®"*
the Board, regard being had to the time and expense
of the Board.
9. Subsection 1 of section 99 of The Workmen's Compensa- ^f^- I^qq'
Hon Act is amended by striking out "$5,000" in the third line subs i
•1-1 r iiS /M) amended
and msertmg ni lieu thereof $6,000 .
10. Section 110 of The Workmen s Compensation Act is^/f^^'^^iiQ
amended by striking out "$200" in the eighth line and inserting ^'^®'^^®'^'
in lieu thereof "$400".
11. Subsection 3 of section 114 of 7^he Workmen's Com-^-f^^-^^^^^
pensation Act is repealed and the following substituted there- ^ubs^. 3,
for:
re-enacted
(3) The amount set forth in a certificate of the Board ^'^"
filed pursuant to section 110 is a first lien upon all
the property, real or personal, of the employer used
in or in connection with the industry with respect
to which the employer is assessed, subject only to
municipal taxes, and the amount levied under exe-
cution upon any such judgment to the extent of the
amount due upon such execution shall forthwith be
paid to the Board.
12. Section 122 of The Workmen's Compensation Act is^'f3^g^'\^^2
amended by striking out "$5,000" in the eighth line and amended
inserting in lieu thereof "$6,000".
13.— (1) This Act, except subsection 3 of section 1 and Sen t™^"^^'
sections 3, 4, 6, 9 and 12, comes into force on the day it
receives Royal Assent and applies only in respect of accidents
happening on or after that day.
(2) Subsection 3 of section 1 and sections 3, 6, 9 and 12 ^^^m
come into force on the 1st day of July, 1963, and apply only
in respect of accidents happening on or after that day.
(3) Section 4 comes into force on the 1st day of July, 1963, ^^^"^
and applies to all pension payments accruing after that day
whether the accident happened before or happens after that
day and whether the award of compensation was made before
or is made after that day.
14. This Act may be cited as The Workmen' s Compensation short title
Amendment Act, 1962-63.
83
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BILL 83
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Workmen's Compensation Act
Mr. Rowntree
{Reprinted as amended by the Committee of the Whole House)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1 — Subsection 1. The word "accident" as used in the Act
is redefined in order to clarify its meaning in accordance with present
administrative practices.
Subsection 2. The effect of this amendment is to bring all school
boards under the Act.
Subsection 3 and Sections 3, 6, 9 and 12. These amendments raise
the maximum earnings upon which compensation may be paid from $5,000
to $6,000.
Sections 2 and 7. These amendments reduce the waiting period from
five days to three days.
83
BILL 83 1962-63
An Act to amend
The Workmen's Compensation Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Clause a of subsection 1 of section 1 of The Work-^f^- l^f^'
men's Compensation Act is repealed and the following sub-^ubs. i, ci. o,
stituted therefor:
(a) "accident" includes,
(i) a wilful and intentional act, not being the act
of the workman,
(ii) a chance event occasioned by a physical or
natural cause, and
(iii) disablement arising out of and in the course
of employment.
(2) Clause e of subsection 2 of the said section 1 is amended ^-f^- g^f^'
by striking out "except a rural school board", so that the subs. 2, 'ci.'e,
, 1 11 1 /• 11 amended
clause shall read as lollows:
(e) a school board.
(3) Subsection 3 of the said section 1 is amended by striking ^s^O- l^f^'
out "$5,000" in the eleventh line and inserting in lieu thereof siibs. 3,
"$6,000". ^'"'"^'''
2. Clause a of subsection 1 of section 3 of The Workmen' s '^■^^- 1^^^-
y~, . . . . , c. 437, 8. 3,
Compensation Act is amended by strikmg out "five" m thesubs. i, ci. a,
... , . . -1. 1 f ((1 (» amended
second Ime and msertnig m lieu thereoi three .
3. Section 12 of The Workmen's Compensation Act is R|g^- i^^o,
amended by striking out "$5,000" in the fifth line and inserting amended
in lieu thereof "$6,000".
83
R.s.o. 1960, 4. — (1) Clause d of subsection 1 of section 37 of The
subs. ifci. d. Workmen's Compensation Act is amended by striking out
amended ..^^s" in the fourth line and inserting in lieu thereof "$40"
and by striking out "$35" in the fifth line and inserting in lieu
thereof "$50".
R.s.o. I960, (2) Clause e of subsection 1 of the said section 37 is amended
subf.^i^ci.^;, by striking out "$35" in the second line and inserting in lieu
amended ^^^^^^^ ..^^q,,
R.S.O. 1960, (3) Clause b of subsection 3 of the said section 37 is amended
subs. 3,^ci. 6, by striking out "$25" in the third line and inserting in lieu
amended ^j^gj-g^f u^^q,. ^^^ ^^ striking out "$35" in the fifth line and
inserting in lieu thereof
^■fa?" 8.^37' (4) Clause c of subsection 3 of the said section 37 is amended
subs. 3, 'ci. c, bv striking out "$35" in the first line and inserting in lieu
amended •' ° ..
thereof "$50".
^■437 ■ 1.^41 ' ^* Section 41 of J^he Workmen's Compensation Act is
amended amended by striking out "is able to earn" in the fifth line and
inserting in lieu thereof "is physically capable of earning, as
determined by the Board", so that the section shall read as
follows :
partia?'^^'^^ 41. Where temporary partial disability results from the
disability injury, the compensation shall be a weekly payment
of 75 per cent of the difference between the average
weekly earnings of the workman before the accident
and the average amount that he is earning or is
physically capable of earning, as determined by the
Board, in some suitable employment or business
after the accident, and is payable so long as the
disability lasts, and subsection 3 of section 42
applies.
c*^"437" 8^44' ^* Subsection 1 of section 44 of The Workmen's Compensa-
amended ^*^^ ^'^^ ^^ amended by striking out "$5,000" in the fourth
line and inserting in lieu thereof "$6,000".
c!^ Is?' 8.^51; '^* Subsection 1 of section 51 of The Workmen's Compensa-
amended ^^^^ ^^^ ^® amended by striking out "five" in the third line
and inserting in lieu thereof "three".
c.'437,'8. 74,' 8. Section 74 of The Workmen's Compensation Act is
re-enacted repealed and the following substituted therefor:
Costs
74. — (1) The costs of and incidental to any proceeding
before the Board are in its discretion and may be
fixed in any case at a sum certain or may be taxed.
83
Section 4. These amendments increase pension allowances for
children other than orphans from $25 to $40 per month and for orphans
from $35 to $50 per month.
Section 5. The amendment is designed to clarify the intent.
Section 8. The section is re-enacted to enable the Workmen's
Compensation Board to award proper costs in proceedings before it.
83
Section 10. This amendment brings the section into line with the
increased jurisdiction of division courts.
Section 11. This provision is new; it is self-explanatory.
83
(2) The Board may order by whom and to whom anyi<*e"i
costs are to be paid and by whom they are to be
taxed and allowed.
(3) The Board may prescribe a scale under which such ^*^®™
costs shall be taxed.
(4) In this section, the costs may include the costs of^^®'"
the Board, regard being had to the time and expense
of the Board.
9. Subsection 1 of section 99 of The Workmen's Compensa- ff^- ^.^|§;
Hon Act is amended by striking out "$5,000" in the third line|ub|^i^^
and inserting in lieu thereof "$6,000".
10. Section 110 of The Workmen's Compensation Act is ^fg?; i;\Td,
amended by striking out "$200" in the eighth line and inserting amended
in lieu thereof "$400".
11. Subsection 3 of section 114 of The Workmen's Com-ff^^i^^^^^^
pensation Act is repealed and the following substituted there- 8ub8^jj_^^
for:
(3) The amount set forth in a certificate of the Board ^'^"^
filed pursuant to section 110 is a first lien upon all
the property, real or personal, of the employer used
in or in connection with the industry with respect
to which the employer is assessed, subject only to
municipal taxes, and the amount levied under exe-
cution upon any such judgment to the extent of the
amount due upon such execution shall forthwith be
paid to the Board.
12. Section 122 of The Workmen's Compensation Act 'isf-f^^;i^ii2.
amended by striking out "$5,000" in the eighth line and amended
inserting in lieu thereof "$6,000".
13.— (1) This Act, except sections 1, 2, 3, 4, 6, 7, 9 and 12, Sent""*'"'^'
comes into force on the day it receives Royal Assent and
applies only in respect of accidents happening on or after
that day. '^H
(2) Subsection 3 of section 1 and sections 3, 6, 9 and 12 1^®"^
come into force on the 1st day of July, 1963, and apply only
in respect of accidents happening on or after that day.
(3) Section 4 comes into force on the 1st day of July, 1963, ^^®"^
and applies to all pension payments accruing after that day
whether the accident happened before or happens after that
day and whether the award of compensation was made before
or is made after that day.
83
Idem (4) Subsections 1 and 2 of section 1 and sections 2 and 7
shall be deemed to have come into force on the 3rd day of
April, 1963, and apply only in respect of accidents happening
on or after that day. "^Pi
Short title 14. This Act may be cited as The Workmen's Compensation
Amendment Act, 1962-63.
83
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BILL 83
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Workmen's Compensation Act
Mr. Rowntree
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 83 1962-63
An Act to amend
The Workmen's Compensation Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1.— (1) Clause a of subsection 1 of section 1 of The Work-f/^^il^f^^
men's Compensation Act is repealed and the following sub- ^^^^-^^^^-^.^'^j "•
stituted therefor:
(a) "accident" includes,
(i) a wilful and intentional act, not being the act
of the workman,
(ii) a chance event occasioned by a physical or
natural cause, and
(iii) disablement arising out of and in the course
of employment.
(2) Clause e of subsection 2 of the said section 1 is amended ^137' sf 1?'
by striking out "except a rural school board", so that the|^8^|^^ci. «,
clause shall read as follows:
(e) a school board.
(3) Subsection 3 of the said section 1 is amended by striking ^fg^; l^f^'
out "$5,000" in the eleventh line and inserting in lieu thereof |^s^ 3^^
"$6,000". ^""^^ ^
2. Clause a of subsection 1 of section 3 of The Workmen s^-^^- 1^^!'
Compensation Act is amended by striking out "five" in the|^|^^^^oi. a.
second line and inserting in lieu thereof "three".
3. Section 12 of The Workmen's Compensation Act is^fg^g^f^!
amended by striking out "$5,000" in the fifth line and inserting amended
in lieu thereof "$6,000".
83
1
R.s^o. 1960. 4. — (1) Clause d of subsection 1 of section 37 of The
Bubs. i, ci. d. Workmen's Compensation Act is amended by striking out
amended ..^^s" i^ the fourth line and inserting in lieu thereof "$40"
and by striking out "$35" in the fifth line and inserting in lieu
thereof "$50".
RS^O- 1960. (2) Clause e of subsection 1 of the said section 37 is amended
siibs. i.ci. <l, by striking out "$35" in the second line and inserting in lieu
amended / r i^dT,.^..
thereof "$50".
ffa?' 8^37* (^) Clause h of subsection 3 of the said section 37 is amended
siibs. 3 'ci. 6, by striking out "$25" in the third line and inserting in lieu
^"'^" ^ thereof "$40" and by striking out "$35" in the fifth line and
inserting in lieu thereof "$50".
c^fa?" B.^37.' (4) Clause c of subsection 3 of the said section 37 is amended
Tml^lkA' ^'t>y Striking out "$35" in the first line and inserting in lieu
thereof "$50".
c!"f 37 ■ s.^li,' 5. Section 41 of The Workmen's Compensation Act is
amended amended by striking out "is able to earn" in the fifth line and
inserting in lieu thereof "is physically capable of earning, as
determined by the Board", so that the section shall read as
follows :
partiar^'^^ 41. Where temporary partial disability results from the
disability injury, the compensation shall be a weekly payment
of 75 per cent of the difference between the average
weekly earnings of the workman before the accident
and the average amount that he is earning or is
physically capable of earning, as determined by the
Board, in some suitable employment or business
after the accident, and is payable so long as the
disability lasts, and subsection 3 of section 42
applies.
^■fs?; B.^44; ^* Subsection 1 of section 44 of The Workmen's Compensa-
l"i?lAded ' ^^^''^ -^^^ ^^ amended by striking out "$5,000" in the fourth
line and inserting in lieu thereof "$6,000".
^■fs?." 8.^51; '^' Subsection 1 of section 51 of The Workmen's Compensa-
Imended ^*^" ^^^ ^^ amended by striking out "five" in the third line
and inserting in lieu thereof "three".
c.'437's. 74,' 8. Section 74 of The Workmen's Compensation Act is
repealed and the following substituted therefor:
74. — (1) The costs of and incidental to any proceeding
before the Board are in its discretion and may be
fixed in any case at a sum certain or may be taxed.
83
re-enacted
Costs
(2) The Board may order by whom and to whom anyi***"*
costs are to be paid and by whom they are to be
taxed and allowed.
(3) The Board may prescribe a scale under which such ^^^"^
costs shall be taxed.
(4) In this section, the costs may include the costs of^**®"^
the Board, regard being had to the time and expense
of the Board.
9. Subsection 1 of section 99 of The Workmen's Compensa-ff^-lfl^'
Hon Act is amended by striking out "$5,000" in the third linel'J^l^i^^
and inserting in lieu thereof "$6,000".
10. Section 110 of The Workmen's Compensation Act is ^fg^/s^AW
amended by striking out "$200" in the eighth line and inserting ainen<i®d
in lieu thereof
11. Subsection 3 of section 114 of The Workmen's Com-ff^^-^^^^^^
pensation Act is repealed and the following substituted there- subs^^s^^^
for:
(3) The amount set forth in a certificate of the Board ^^^"^
filed pursuant to section 110 is a first lien upon all
the property, real or personal, of the employer used
in or in connection with the industry with respect
to which the employer is assessed, subject only to
municipal taxes, and the amount levied under exe-
cution upon any such judgment to the extent of the
amount due upon such execution shall forthwith be
paid to the Board.
12. Section 122 of The Workmen's Compensation Act is J'lj^/g^.^^az,
amended by striking out "$5,000" in the eighth line and amended
inserting in lieu thereof "$6,000".
13.— (1) This Act, except sections 1, 2, 3, 4, 6, 7, 9 and 12, Sent'"®''°*'
comes into force on the day it receives Royal Assent and
applies only in respect of accidents happening on or after
that day.
(2) Subsection 3 of section 1 and sections 3, 6, 9 an dHi^®"^
come into force on the 1st day of July, 1963, and apply only
in respect of accidents happening on or after that day.
(3) Section 4 comes into force on the 1st day of July, 1963, ^^^"^
and applies to all pension payments accruing after that day
whether the accident happened before or happens after that
day and whether the award of compensation was made before
or is made after that day.
83
Idem (4) Subsections 1 and 2 of section 1 and sections 2 and 7
shall be deemed to have come into force on the 3rd day of
April, 1963, and apply only in respect of accidents happening
on or after that day.
Short title 14, This Act may be cited as The Workmen's Compensation
Amendment Act, 1962-63.
83
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BILL 84
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Canadian National Exhibition
Association Act, 1948
Mr. Bryden
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The amendment requires that meetings of the Board of Directors of
the Canadian National Exhibition Association be open meetings.
84
BILL 84 1962-63
An Act to amend The Canadian National
Exhibition Association Act, 1948
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Canadian National Exhibition Association Act, i94<y i948 c. i05.
. . ' amended
IS amended by adduig thereto the followmg section :
6a. — (1) Subject to subsection 3, the ordinary meetings g^^f^rdTo^ ^^
of the Board shall be open, and no person shall be^^^P®"
excluded therefrom except for improper conduct.
(2) The presiding officer may expel or exclude from any ^^^^^^'1^*^^"
meeting any person who has been guilty of improper
conduct at the meeting.
(3) When the Board is of the opinion and by resolution ^/'pubikf
so declares that any matter or subject to be dealt
with or discussed at an ordinary meeting is of a
confidential nature and the disclosure thereof might
aflfect adversely the public interest or the functions .!
of the Board, the public may by such resolution be
excluded from the meeting while such matter or
subject is being discussed or considered.
2. This Act comes into force on the day it receives Royal commence-
Assent.
3. This Act may be cited as The Canadian National ^*^°'"* ***^®
Exhibition Association Amendment Act, 1962-63.
84
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BILL 85
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Public Health Act
Mr. Dymond
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1. Self-explanatory.
i
85
BILL 85 1962-63
An Act to amend The Public Health Act
HER MAJESTY, by and with the advice and consent of
the Legislative x^ssembly of the Province of Ontario,
enacts as follows:
1.— (1) Paragraph 8 of section 6 of The Public Health Actff^i.'iX^'
is amended by inserting after "insulin" in the second line par. 8,
1 r 1 f I • L amended
"or any substance for the control or treatment oi diabetes
designated by the regulations" and by adding at the end
thereof "and designating such substances", so that the para-
graph shall read as follows:
8. prescribing the terms and conditions upon which '"^^"i^"' ®*°-
insulin or any substance for the control or treatment
of diabetes designated by the regulations may be
supplied free of charge to indigent persons under
section 56 and the forms to be used in connection
therewith, and requiring and providing for the pay-
ment by the municipality in which the indigent
person resides of a contribution towards the cost
thereof in an amount not to exceed 25 per cent of
such cost, and designating such substances.
(2) The said section 6 is amended by adding thereto the ^Jg^- ^^|^'
following paragraph: amended
28a. defining industrial wiping rags and Prescribing ^dus^rmi^^
methods of processing or preparing such rags for use
in industry, and regulating the sale or the ofTering for
sale of such rags, and prohibiting the sale or the
offering for sale of such rags that have not been
processed or prepared as prescribed by the regu-
lations.
(3) Paragraph 35 of the said section 6 is amended by c.'32i,' s. 6, '
adding at the end thereof "and requiring the installation and amended
maintenance of safety equipment, attendance of qualified life
guards and other staff, and other matters or things required
for the safety or protection of bathers", so that the paragraph
shall read as follows:
85
swimming
pools
35. prescribing standards for the location, construction,
alteration, repair, operation and maintenance of
swimming pools, and requiring the installation and
maintenance of safety equipment, attendance of
qualified life guards and other staff, and other
matters or things required for the safety or pro-
tion of bathers.
R.s.o. I960, 2. — (1) Subsection 6 of section 35 of The Public Health
subl.^e.^' ^^' Act is amended by adding thereto the following clause:
amended
(/) prescribing the amounts, manner, method, times and
conditions of payment of the grants to health units
mentioned in subsection 9.
R.s.o. I960, (2) Subsection 7 of the said section 35 is repealed and the
c. 321, S. 35, ^ ' . .
subs. 7. followmg substituted therelor:
re-enacted
Expenses (7) The expenses incurred by a health unit in establishing
and maintaining the health unit and in performing
its functions under this or any other Act shall be borne
and paid in such proportion as is agreed upon or, in
default of agreement, in such proportion as is fixed
by the regulations.
H-|^o. I960, 3. The Public Health Act is amended by adding thereto
amended the following section:
Interpre-
tation
35a. — (1) In this section, "separated local board" means
the local board of health of a health unit that has
been formed under subsection 2 of section 34, and
"separated health unit" has a corresponding meaning.
Corporate
status
(2) A separated local board is a corporation to be known
by such name as it may by by-law adopt with the
approval of the Minister.
Property (3) All property, real and personal, heretofore vested in
a board of health of a health unit that has been
formed under subsection 2 of section 34 is vested in
the separated local board.
Idem
(4) With the consent of the municipalities forming a
separated health unit, the separated local board
may acquire and hold real and personal property
for its purposes, and may sell, exchange, lease, mort-
gage or otherwise charge or dispose of any such
property.
85
Section 2 — Subsection 1. This new clause will authorize regulations
under which grants to health units will be administered.
Subsection 2. The intent of the subsection is clarified.
Section 3. This new section is designed to clarify the status and
operation of health units formed by two or more municipalities.
85
I
Section 4. The subsection is broadened to include prescribed sub-
stances as well as insulin for the control or treatment of diabetes.
85
(5) A separated local board may provide pensions for p®'^^^*''^^
its ofificers and employees with or without requiring
contributions from such employees, and may make
from time to time such payments as may be necessary
for the purpose.
(6) A separated local board may pass by-laws respecting, sy-iaws
(a) the management of its property;
(b) banking and finance;
(c) the holding or conducting of meetings;
(d) the appointment, duties and removal of officers
and employees, and their remuneration, pen-
sions and other benefits; and
(e) any matter necessary or advisable for the
management of the affairs of the board.
(7) A copy of each by-law shall be delivered or sent by ^*^®"^
mail by the secretary of the separated local board
to the clerk of each municipality forming the health
unit within fifteen days of the by-law becoming
effective.
4. Subsection 1 of section 56 of The Public Health Act is ^"fa?; s.^fe,"
repealed and the following substituted therefor: ?e-enacted
(1) The Minister may supply insulin or any substance ^^^^^V^^®/^^-
for the control or treatment of diabetes designated
by the regulations to indigent persons free of charge
upon such terms and conditions as the regulations
may prescribe.
5. This Act comes into force on the day it receives Royal £e?[t"®'^''^"
Assent.
6. This Act may be cited as The Public Health Amendment ^^"""^ ""®
Act, 1962-63,
85
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BILL 85
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Public Health Act
Mr. Dymond
{Reprinted as amended by the Committee on Health and Welfare)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1. Self-explanatory.
85
BILL 85 1962-63
An Act to amend The Public Health Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1.— (1) Paragraph 8 of section 6 of The Public Health Actf-^^^-^^^^'
is amended by inserting after "insulin" in the second line par. si
"or any substance for the control or treatment of diabetes
designated by the regulations" and by adding at the end
thereof "and designating such substances", so that the para-
graph shall read as follows:
8. prescribing the terms and conditions upon which ^'^^"'i"- ^t*^-
insulin or any substance for the control or treatment
of diabetes designated by the regulations may be
supplied free of charge to indigent persons under
section 56 and the forms to be used in connection
therewith, and requiring and providing for the pay-
ment by the municipality in which the indigent
person resides of a contribution towards the cost
thereof in an amount not to exceed 25 per cent of
such cost, and designating such substances.
(2) The said section 6 is amended by adding thereto the R|-0- i9|o,
following paragraph: amended
28a. defining industrial wiping rags and prescribing i^fiustnai
methods of processing or preparing such rags for use
in industry, and regulating the sale or the offering for
sale of such rags, and prohibiting the sale or the
offering for sale of such rags that have not been
processed or prepared as prescribed by the regu-
lations.
(3) Paragraph 35 of the said section 6 is amended byc.'32i' s.^e, '
adding at the end thereof "and requiring the installation and^^'emfed
maintenance of safety equipment, attendance of qualified life
guards and other staff, and other matters or things required
for the safety or protection of bathers", so that the paragraph
shall read as follows:
85
2
Bwimming
pools
35. prescribing standards for the location, construction,
alteration, repair, operation and maintenance of
swimming pools, and requiring the installation and
maintenance of safety equipment, attendance of
qualified life guards and other staff, and other
matters or things required for the safety or pro-
tion of bathers.
R.s.o. I960, 2. — (1) Subsection 6 of section 35 of The Public Health
siibs.^e,^' ^^' Act is amended by adding thereto the following clause:
amended
(/) prescribing the amounts, manner, method, times and
conditions of payment of the grants to health. units
mentioned in subsection 9.
^•fo9- ^^o9' (2) Subsection 7 of the said section 35 is repealed and the
C. oZ\, S. oo, ^ '
subs. 7, following substituted therefor:
re-enacted °
Expenses (7) The expenses incurred by a health unit in establishing
and maintaining the health unit and in performing
its functions under this or any other Act shall be borne
and paid in such proportion as is agreed upon or, in
default of agreement, in such proportion as is fixed
by the regulations.
R.SX3. I960. 3. The Public Health Act is amended by adding thereto
amended the following section :
Interpre-
tation
35a. — (1) In this section, "separated local board" means
the local board of health of a health unit that has
been formed under subsection 2 of section 35, and
"separated health unit" has a corresponding meaning.
Corporate
status
(2) A separated local board is a corporation to be known
by such name as it may by by-law adopt with the
approval of the Minister.
Property
(3) All property, real and personal, heretofore vested in
a board of health of a health unit that has been
formed under subsection 2 of section 35 is vested in
the separated local board.
Idem
(4) With the consent of the municipalities forming a
separated health unit, the separated local board
may acquire and hold real and personal property
for its purposes, and may sell, exchange, lease, mort-
gage or otherwise charge or dispose of any such
property.
85
Section 2 — Subsection 1. This new clause will authorize regulations
under which grants to health units will be administered.
Subsection 2. The intent of the subsection is clarified.
Section 3. This new section is designed to clarify the status and
operation of health units formed by two or more municipalities.
85
I
Section 4. The subsection is broadened to include prescribed sub-
stances as well as insulin for the control or treatment of diabetes.
85
(5) A separated local board may pass by-laws respecting, By-iaws
(a) the management of its property;
(b) banking and finance;
(c) the holding or conducting of meetings;
(d) the appointment, duties and removal of officers
and employees, and their remuneration, pen-
sions and other benefits; and
(e) any matter necessary or advisable for the
management of the afTairs of the board.
(6) A copy of each by-law shall be delivered or sent by^^®"^
mail by the secretary of the separated local board
to the clerk of each municipality forming the health
unit within fifteen days of the by-law becoming
effective.
4. Subsection 1 of section 56 of The Public Health Act is ^•|2?' s.^le'
repealed and the following substituted therefor: ^^^^s. i, j
(1) The Minister may supply insulin or any substance i'^s"U'^\®*°-'
^ ^ , , . ■' ^^ ^ ri-1 ,• supplied free
tor the control or treatment of diabetes designated
by the regulations to indigent persons free of charge
upon such terms and conditions as the regulations
may prescribe.
5. This Act comes into force on the day it receives Royal ment™^"*^*'
Assent.
6. This Act may be cited as The Public Health Amendment ^^°^^ *'*'®
Act, 1962-63.
85
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BILL 85
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Public Health Act
Mr. Dymond
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 85 1962-63
An Act to amend The Public Health Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1.— (1) Paragraph 8 of section 6 of 2^he Public Health Actff^o.iQ&o.
is amended by inserting after "insulin" in the second line par. 8^
"or any substance for the control or treatment of diabetes'
designated by the regulations" and by adding at the end
thereof "and designating such substances", so that the para-
graph shall read as follows:
8. prescribing the terms and conditions upon which '"suiin, etc
insulin or any substance for the control or treatment
of diabetes designated by the regulations may be
supplied free of charge to indigent persons under
section 56 and the forms to be used in connection
therewith, and requiring and providing for the pay-
ment by the municipality in which the indigent
person resides of a contribution towards the cost
thereof in an amount not to exceed 25 per cent of
such cost, and designating such substances.
(2) The said section 6 is amended by adding thereto the ^-fo?* ^^1^'
following paragraph: amended
28a. defining industrial wiping rags and prescribing industrial
, , r . . , r Wiping rags
methods of processmg or preparmg such rags for use
in industry, and regulating the sale or the offering for
sale of such rags, and prohibiting the sale or the
offering for sale of such rags that have not been
processed or prepared as prescribed by the regu-
lations.
(3) Paragraph 35 of the said section 6 is amended by ^32"; s.^l?'
adding at the end thereof "and requiring the installation ^md ^^""ended
maintenance of safety equipment, attendance of qualified life
guards and other staff, and other matters or things required
for the safety or protection of bathers", so that the paragraph
shall read as follows:
85
swimming 35. prescribing standards for the location, construction,
***'°'* alteration, repair, operation and maintenance of
swimming pools, and requiring the installation and
maintenance of safety equipment, attendance of
qualified life guards and other staff, and other
matters or things required for the safety, or pro-
tection of bathers.
R.s.o. I960. 2. — (1) Subsection 6 of section 35 of The Public Health
siibB.^ef' ' Act is amended by adding thereto the following clause:
amended
(/) prescribing the amounts, manner, method, times and
conditions of payment of the grants to health units
mentioned in subsection 9.
?'f2i" 8^35' (2) Subsection 7 of the said section 35 is repealed and the
subs.?./ ' following substituted therefor:
re-enacted "
Expenses (7) The expenses incurred by a health unit in establishing
and maintaining the health unit and in j^erforming
its functions under this or any other Act shall be borne
and paid in such proportion as is agreed upon or, in
default of agreement, in such proportion as is fixed
by the regulations.
R.sxD. I960, 3. y^/^g Public Health Act is amended by adding thereto
amended the following section :
tatkm'^^" 35a. — (1) In this section, "separated local board" means
the local board of health of a health unit that has
been formed under subsection 2 of section 35, and
"separated health unit" has a corresponding meaning.
Corporate (2) A separated local board is a corporation to be known
by such name as it may by by-law adopt with the
approval of the Minister.
Property (3) ^11 property, real and personal, heretofore vested in
a board of health of a health unit that has been
formed under subsection 2 of, section 35 is vested in
the separated local board.
^^^"^ (4) With the consent of the municipahties forming a
separated health unit, the separated local board
may acquire and hold real and personal property
for its purposes, and may sell, exchange, lease, mort-
gage or otherwise charge or dispose of any such
property.
85
(5) A separated local board may pass by-laws respecting, By-laws
(a) the management of its property;
(6) banking and finance;
(c) the holding or conducting of meetings;
(d) the appointment, duties and removal of officers
and employees, and their remuneration, pen-
sions and other benefits; ahd
(e) any matter necessary or advisable for the
management of the affairs of the board.
(6) A copy of each by-law shall be delivered or sent by ^^®"^
mail by the secretary of the separated local board
to the clerk of each municipality forming the health
unit within fifteen days of the by-law becoming
effective.
4. Subsection 1 of section 56 of The Public Health Act is ^-fai; s.^le *
repealed and the following substituted therefor: ?e-enacted
(1) The Minister may supply insulin or any substance i^suiin^eto.^
for the control or treatment of diabetes designated
by the regulations to indigent persons free of charge
upon such terms and conditions as the regulations
may prescribe.
5. This Act comes into force on the day it receives Royal ment"^'^^*"
Assent.
6. This Act may be cited as The Public Health Amendment ^^'^^^ ***'®
Act, 1962-63.
85
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BILL 86
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Psychiatric Hospitals Act
Mr. Dymond
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
i ^dT hnQiiiu i
Explanatory Notes
Sections 1 and 2. The purpose is to provide suitable boarding-home
accommodation for patients who are about to be discharged from psychiatric
hospitals pending re-establishment in the community.
86
BILL 86 1962-63
An Act to amend
The Psychiatric Hospitals Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Psychiatric Hospitals Act is amended by adding^
R.S.O. I960.
315.
thereto the following section: amended
16a. — (1) This section does not apply to a patient ad-^^^f^^
mitted to a psychiatric hospital upon the warrant ^oes not
of the Lieutenant Governor under clause b of sub-
section 1 of section 9 or on remand by an order
of a judge or magistrate under clause e of subsection 1
of section 9.
(2) The Minister may approve any premises as slw^^^I^^^
approved home for the reception of patients who are
released from a psychiatric hospital into the care
of the proprietor of such approved home.
(3) If the superintendent of a psj'chiatric hospital con- P^^[^^|^g9[^
siders it conducive to the recovery of a patient, or approved
otherwise for his benefit, he may place the patient authorized
in an approved home.
(4) A patient who is placed in an approved home shall P^lt*^^*
be deemed to continue as a patient in the hospital in continues
the same manner and to the same extent as if he had
not been so placed but had remained in the hospital.
(5) The superintendent may pay to the proprietor of anP^y^r^ent^
approved home an amount not exceeding the
amount prescribed by the regulations for the care
and maintenance of patients therein.
2. Section 21 of The Psychiatric Hospitals Act is amended ^fiJ; ^^l^;
by adding thereto the following clause: amended
{ca) prescribing the maximum amount that may be paid
by superintendents of psychiatric hospitals for the
care and treatment of patients in approved homes.
86
^■fis' ^^^^' ^* ^^^ Psychiatric Hospitals Act is amended by adding
amended thereto the following section:
Forensic
Clinic
23. — (1) There shall be a division of the Toronto Psy-
chiatric Hospital to be known as The Forensic
Clinic of the Toronto Psychiatric Hospital.
Director
Orders to
attend
Prerequisite
of order
Director's
report
(2) There shall be a director of the Clinic.
(3) A judge or magistrate may order any person who is
before him charged with or convicted of any offence
to attend the Clinic for physical or mental examina-
tion, diagnosis or treatment.
(4) An order under subsection 3 shall not be made until
the judge or magistrate has ascertained from the
director of the Clinic that the services of the Clinic
are available to the person named in the order.
(5) The director of the Clinic may in his discretion
report all or any part of the information compiled
by the Clinic to,
(a) the judge or magistrate who made the order;
(b) an inspector;
(c) the person examined; or
(d) any person who, in the opinion of the director,
has a bona fide interest in the person examined.
Commence- ^ t^i • a • r i t •
ment *. 1 his Act comes mto force on the day it receives Royal
Assent.
Short title
5. This Act may be cited as The Psychiatric Hospitals
Amendment Act, 1962-63.
86
Section 3. The purpose is to give statutory authority for The Forensic
CHnic of the Toronto Psychiatric Hospital and to clarify the referral
procedures.
86
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BILL 86
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Psychiatric Hospitals Act
Mr. Dymond
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 86 1962-63
An Act to amend
The Psychiatric Hospitals Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Psychiatric Hospitals Act is amended by adding ^fj^- ^^^°'
thereto the following section: amended
16a. — (1) This section does not apply to a patient ad-^^f^®
mitted to a psychiatric hospital upon the warrant ^oes not
of the Lieutenant Governor under clause b of sub-
section 1 of section 9 or on remand by an order
of a judge or magistrate under clause e of subsection 1
of section 9.
(2) The Minister may approve any premises as an ^/'premtses
approved home for the reception of patients who are
released from a psychiatric hospital into the care
of the proprietor of such approved home.
(3) If the superintendent of a psychiatric hospital con- patfintslii
siders it conducive to the recovery of a patient, or approved
otherwise for his benefit, he may place the patient authorized
in an approved home.
(4) A patient who is placed in an approved home shall l^l^",^^*
be deemed to continue as a patient in the hospital in continues
the same manner and to the same extent as if he had
not been so placed but had remained in the hospital.
(5) The superintendent may pay to the proprietor of an ^ut^hor^ed
approved home an amount not exceeding the
amount prescribed by the regulations for the care
and maintenance of patients therein.
2. Section 21 of The Psychiatric Hospitals Act is amended ^fj^- gf 21!
by adding thereto the following clause: amended
{ca) prescribing the maximum amount that may be paid
by superintendents of psychiatric hospitals for the
care and treatment of patients in approved homes.
86
R.S.O. 1960,
c. 315,
amended
Forensic
Clinic
Director
Orders to
attend
Prerequisite
of order
Director's
report
Commence-
ment
Short title
3. The Psychiatric Hospitals Act is amended by adding
thereto the following section:
23. — (1) There shall be a division of the Toronto Psy-
chiatric Hospital to be known as The Forensic
Clinic of the Toronto Psychiatric Hospital.
(2) There shall be a director of the Clinic.
(3) A judge or magistrate may order any person who is
before him charged with or convicted of any offence
to attend the Clinic for physical or mental examina-
tion, diagnosis or treatment.
(4) An order under subsection 3 shall not be made until
the judge or magistrate has ascertained from the
director of the Clinic that the services of the Clinic
are available to the person named in the order.
(5) The director of the Clinic may in his discretion
report all or any part of the information compiled
by the Clinic to,
(a) the judge or magistrate who made the order;
{b) an inspector;
(c) the person examined ; or
{d) any person who, in the opinion of the director,
has a bona fide interest in the person examined.
4. This Act comes into force on the day it receives Royal
Assent.
5. This Act may be cited as The Psychiatric Hospitals
Amendment Act, 1962-63.
86
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BILL 87
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act respecting Radiological Technicians in Ontario
Mr. Dymond
TORONTO
Printed and Published by Fkank Fogg, Queen's Printer
Explanatory Note
The Bill provides that only persons qualified under the Act may hold
themselves out as "Registered Radiological Technicians", and provides
for a governing body and a system of registration.
BILL 87 1962-63
An Act respecting
Radiological Technicians in Ontario
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, J^fh)'?^-
(a) "Board" means the board appointed under this Act;
(b) "Canadian Society" means the Canadian Society of
Radiological Technicians;
(c) "Ontario Society" means the Ontario Society of
Radiological Technicians;
(d) "radiological technician" means a person who prac-
tises the technical aspects of the medical use of
ionizing radiation, including Roentgen or X-rays,
radium, radio-active isotopes and particles for diag-
nosis or treatment;
(e) "radiologist" means a duly qualified medical prac-
titioner who holds a specialist certification in diag-
nostic or therapeutic radiology from the Royal
College of Physicians and Surgeons of Canada;
(/) "registered" means registered under this Act, and
"registration" has a corresponding meaning;
(f) "registrar" means the registrar appointed by the
Board ;
(h) "regulations" means the regulations made under this
Act.
2. — (1) The Lieutenant Governor in Council may appoint Board
a board consisting of seven members to be known as the
Board of Radiological Technicians, comprising,
87
(a) four radiological technicians recommended by the
Board of Directors of the Ontario Society;
(b) two radiologists recommended by the Section of
Radiology of the Ontario Medical Association ; and
(c) one non-radiological person recommended by the
Board of Directors of the Ontario Medical Associa-
tion from the secretariat of the Ontario Medical
Association.
Term of (2) Every member of the Board shall hold office for a period
°"*°^ of two years, but any member is eligible for re-appointment
at the expiration of his term of office. . ,
Vacancies
(3) Every vacancy on the Board caused by the death,
resignation or incapacity of a member may be filled by the
Lieutenant Governor in Council by the appointment of a
person to hold office for the remainder of the term of such
member.
Officers (4) The Board shall elect one member of the Board to be
the chairman, one to be the vice-chairman and one to be
the secretary-treasurer of the Board.
Corporation g^ — ^j^ ^he Board is hereby constituted a corporation.
Function ^2) The Board shall administer and enforce this Act and
the regulations.
AcUons (3) No action shall be brought against the Board or any
Board member of it for anything done under this Act or the regula-
barred . jo o
tions.
By-laws 4, The Board may pass by-laws providing for,
(a) the calling and conduct of its meetings and proceed-
ings;
(b) the remuneration and expenses of persons employed
by the Board while engaged upon the business of
the Board;
(c) the appointment and remuneration of a registrar,
teachers, examiners, inspectors and such other
persons as the Board may employ, and prescribing
the duties of such persons;
(d) banking and finance and the management of its
property ;
87
{e) entering into an agreement or agreements with any
university, school or college for such instruction,
direction and lectures as may be necessary for the
purposes of this Act; and
(/) all other matters reasonably necessary for carrying
out the provisions of this Act.
5. — (1) The Board shall register any radiological technician Registration
who at the date of the coming into force of this Act,
(a) is an active or associate member of the Ontario
Society; or
{b) has met the training and examination standards pre-
scribed jointly by the Canadian Society and the
Canadian Association of Radiologists, and is practis-
ing as a radiological technician in Ontario, and
applies to the Board to be registered within one year
after this Act comes into force; or
(c) has been practising in Ontario as a radiological
technician for a period of five years under the super-
vision of a duly qualified medical practitioner and
has complied with the requirements of the regula-
tions.
(2) The registrar shall register any person who, idem
(a) has completed the course of training prescribed by
the regulations;
{b) has passed the examinations of the Board; and
{c) has paid the prescribed fees.
6. — (1) The registrar shall keep a register of all registered Register
radiological technicians showing their places of business or
employment from time to time.
(2) If an application for registration is refused by the^^''°*"^-
registrar or an entry is made in the register in error or by
reason of misrepresentation, the Board may direct that the
necessary entry, erasure or amendment be made in the
register, and the registrar shall make such entry, erasure or
amendment.
7. The registrar shall issue a certificate of registration in Certificate
respect of each registration, which shall be renewed annually registration
at such times and upon such conditions and the payment of
such fee as the regulations prescribe.
87
Use of
title
8. No person shall use the title "Registered Radiological
Technician" or the abbreviation "R.R.T." unless he is
registered.
u^^uUior- 9.— (1) Any person not registered,
title, etc.
(a) who assumes or uses the title "Registered Radio-
logical Technician" or the abbreviation "R.R.T.",
or any other words or letters to indicate that he is a
registered radiological technician ; or
(6) who directly or indirectly by advertisement, sign or
statement of any kind advertises, alleges or claims
by any means whatsoever that he is entitled to
assume or use the title "Registered Radiological
Technician" or the abbreviation "R.R.T.",
is guilty of an offence and is liable on summary conviction, for
a first offence, to a fine of not less than $100 and not more
than $200 and, for any subsequent offence, to a fine of not less
than $200 and not more than $500 or to imprisonment for a
term of not more than three months, or to both fine and
imprisonment.
Disposition (2) All fines recovered for offences against this section
shall be paid to the registrar for the use of the Board.
revocation of ^^' — ^^^ ^^^ Board may by order suspend or revoke the
registration registration of any registered radiological technician who it
finds has been guilty of unprofessional conduct as defined by
the regulations, or of incompetence, fraud or misrepresentation
in connection with his practice.
Public
hearing
(2) Before suspending or revoking the registration of a
registered radiological technician under subsection 1, the
Board shall, bN' notice in writing, inform him of the complaint
or charge that has been made against him and shall provide
him with an opportunity of appearing in person or by counsel
before the Board at a public hearing and of presenting such
evidence and making such representations as he desires.
Powers
(3) The chairman or vice-chairman of the Board in con-
ducting a public hearing under this section has the same
R.s.o. I960, powers as may be conferred upon a commissioner under The
Public Inquiries Act.
Review of ^4) -pj^^ Board may review at any time any order made
under this section and may make such further order as it
deems proper.
87
(5) A copy of any order made under this section shall be^^^^^^lj.
served on the person affected.
11. — (1) Any person affected by an order made under ^pp®*'^
section 10 may appeal therefrom to a judge of the county or
district court of the county or district in which he practises.
(2) Notice of appeal shall be given in writing within two^^pgaf®*^
weeks after service of the copy of the order of the Board on
the person affected by filing a copy of the notice of appeal
with the clerk of the court and serving a copy thereof on the
registrar.
(3) The appellant shall apply to the judge to fix a date^earlng^
for the hearing of the appeal, and shall forthwith serve on the
registrar notice of the date so fixed.
(4) The appellant may appear on the appeal in person or '^pp®^'"*'^°®*
by counsel, and the Board may appear by any member
thereof or by counsel.
(5) The hearing of the appeal shall be a trial de novo, and^^^^e of
the judge may hear all such evidence as he deems to be
relevant and may afifirm the order of the Board, or amend
it and affirm it as amended, or set it aside.
12. Nothing in this Act applies to a duly qualified medical phye^fi^sf**
practitioner or a person legally qualified and entitled to^^'^'i^ts
practise dentistry.
13. The register, or a copy thereof certified by the registrar, ^®fv*(fence
is admissible in any proceedings as evidence of registration or
of lack thereof.
14. No registered radiological technician is liable in any ^^^^^f^JJ^^
civil action for negligence or malpractice by reason of pro-
fessional services requested or rendered unless such action
is commenced within twelve months from the date when, in
the matter complained of, such professional services ter-
minated.
15.— (1) The Board, subject to the approval of the ^es'^^atio'"
Lieutenant Governor in Council, may make regulations,
(a) prescribing the requirements for admission to courses
of training for radiological technicians and the
content of such courses;
{b) providing for the holding of examinations for
candidates for registration who are in attendance at
or graduates of courses for radiological technicians;
87
(c) governing registration and the suspension and can-
cellation of registration and the issue and renewal
of certificates of registration ;
(d) defining unprofessional conduct for the purposes of
this Act;
(e) prescribing fees for the examination of candidates
for registration, and for registration and for the re-
newal of registration ;
(/) prescribing the fees and expenses payable to members
of the Board while carrying on their duties under
this Act;
(g) respecting any matter necessary or advisable to carry
out effectively the intent and purpose of this Act.
(2) Every regulation made by the Board shall be submitted
in writing to the Council of the College of Physicians and
Surgeons at least thirty days before being submitted to the
Lieutenant Governor in Council for approval, and any sub-
missions of the Council of the College of Physicians and
Surgeons shall be submitted to the Lieutenant Governor in
Council with the application for approval of the regulations.
Commenoe- 16. This Act comes into force on a day to be named by the
Lieutenant Governor by his proclamation.
Short title 17. This Act may be cited as The Radiological Technicians
Act, 1962-63.
Submission
of regula-
tions for
approval
87
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BILL 87
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act respecting Radiological Technicians in Ontario
Mr. Dymond
{Reprinted as amended by the Committee on Health and Welfare)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
ont.
Explanatory Note
The Bill provides that only persons qualified under the Act may hold
themselves out as "Registered Radiological Technicians", and provides
for a governing body and a system of registration.
87
BILL 87 1962-63
An Act respecting
Radiological Technicians in Ontario
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, SaK""
(a) "Board" means the board appointed under this Act;
(b) "Canadian Society" means the Canadian Society of
Radiological Technicians;
(c) "Ontario Society" means the Ontario Society of
Radiological Technicians;
(d) "radiological technician" means a person who prac-
tises the technical aspects of the medical use of
ionizing radiation, including Roentgen or X-rays,
radium, radio-active isotopes and particles for diag-
nosis or treatment;
(e) "radiologist" means a duly qualified medical prac-
titioner who holds a specialist certification in diag-
nostic or therapeutic radiology from the I^oyal
College of Physicians and Surgeons of Canada;
(/) "registered" means registered under this Act, and
"registration" has a corresponding meaning;
(g) "registrar" means the registrar appointed by the
Board ;
(h) "regulations" means the regulations made under this
Act.
2. — (1) The Lieutenant Governor in Council may appoint Board
a board consisting of seven members to be known as the
Board of Radiological Technicians, comprising,
87
Term of
office
Vacancies
(a) four radiological technicians recommended by the
Board of Directors of the Ontario Society;
(b) two radiologists recommended by the Section of
Radiology of the Ontario Medical Association ; and
(c) one person, recommended by the Board of Directors
of the Ontario Medical Association from the secre-
tariat of the Ontario Medical Association, who is not
a radiologist. ""IPC
(2) Every member of the Board shall hold office for a period
of two years, but any member is eligible for re-appointment
at the expiration of his term of office.
(3) Every vacancy on the Board caused by tlie death,
resignation or incapacity of a member may be filled by the
Lieutenant Governor in Council by the appointment of a
person to hold office for the remainder of the term of such
member.
Officers ^4^ 'pj^g Board shall elect one member of the Board to be
the chairman, one to be the vice-chairman and one to be
the secretary-treasurer of the Board.
Corporation g^ — ^-j^ ^he Board is hereby constituted a corporation.
Function
Actions
against
Board
barred
By-laws
(2) The Board shajl administer and enforce this Act and
the regulations.
(3) No action shall be brought against the Board or any
member of it for anything done under this Act or the regula-
tions.
4r. The Board may pass by-laws providing for,
(a) the calling and conduct of its meetings and proceed-
ings;
(b) the remuneration and expenses of persons employed
by the Board while engaged upon the business of
the Board;
(c) the appointment and remuneration of a registrar,
teachers, examiners, inspectors and such other
persons as the Board may employ, and prescribing
the duties of such persons;
(d) banking and finance and the management of its
property ;
87
(e) entering into an agreement or agreements with any
university, school or college for such instruction,
direction and lectures as may be necessary for the
purposes of this Act; and
(/) all other matters reasonably necessary for carrying
out the provisions of this Act.
5. — (1) The Board shall register any radiological technician Registratfon
who at the date of the coming into force of this Act,
(a) is an active or associate member of the Ontario
Society ; or
(b) has met the training and examination standards pre-
scribed jointly by the Canadian Society and the
Canadian Association of Radiologists, and is practis-
ing as a radiological technician in Ontario, and
applies to the Board to be registered within one year
after this Act comes into force; or
(c) has been practising in Ontario as a radiological
technician for a period of five years under the super-
vision of a duly qualified medical practitioner and
has complied with the requirements of the regula-
tions.
(2) The registrar shall register any person who, idem
(a) has completed the course of training prescribed by
the regulations;
(h) has passed the examinations of the Board; and
(c) has paid the prescribed fees.
6. — (1) The registrar shall keep a register of all registered ^®*^'^*®'"
radiological technicians showing their places of business or
employment from time to time.
(2) If an application for registration is refused by the^^'"®™'
registrar or an entry is made in the register in error or by
reason of misrepresentation, the Board may direct that the
necessary entry, erasure or amendment be made in the
register, and the registrar shall make such entry, erasure or
amendment.
7. The registrar shall issue a certificate of registration in^ertificate
respect of each registration, which shall be renewed annually registration
at such times and upon such conditions and the payment of
such fee as the regulations prescribe.
87
4
Use of
title
8. No person sluill use the title "Registered Radiological
Technician" or the abbreviation "R.R.T." unless he is
registered.
unauthor- 9^ — n\ ^jjy person not registered,
IZQCl 1186 01 ^
title, etc.
(a) who assumes or uses the title "Registered Radio-
logical Technician" or the abbreviation "R.R.T. ",
or any other words or letters to indicate that he is a
registered radiological technician ; or
(b) who directly or indirectly by advertisement, sign or
statement of any kind advertises, alleges or claims
by any means whatsoever tiiat he is entitled to
assume or use the title "Registered Radiological
Technician" or the abbreviation "R.R.T.",
is guilty of an offence and is liable on summary conviction, for
a first offence, to a fine of not less than $100 and not more
than $200 and, for any subsequent offence, to a fine of not less
than $200 and not more than $500 or to imprisonment for a
term of not more than three months, or to both fine and
imprisonment.
Disposition (2) All fines recovered for offences against this section
shall be paid to the registrar for the use of the Board.
Suspension, jQ . — (J) fhe Board may by order suspend or revoke the
revocation of . > '' . , .. 1 • 1 1 • • t
registration registration of any registered radiological technician who it
finds has been guilty of unprofessional conduct as defined by
the regulations, or of incompetence, fraud or misrepresentation
in connection with his practice.
Public
hearing
(2) Before suspending or revoking the registration of a
registered radiological technician under subsection 1, the
Board shall, by notice in writing, inform him of the complaint
or charge that has been made against him and shall provide
him with an opportunity of appearing in person or by counsel
before the Board at a public hearing and of presenting such
evidence and making such representations as he desires.
Powers (3) T}^e chairman or vice-chairman of the Board in con-
ducting a public hearing under this section has the same
R.s.o. I960, powers as may be conferred upon a commissioner under The
Public Inquiries Act.
^Mer^ °^ (^) ^^^ Board may review at any time any order made
under this section and may make such further order as it
deems proper.
87
(5) A copy of any order made under this section shall be^®""^'^®
served on the person affected.
11. — (1) Any person affected by an order made under ^pp®*^
section 10 may appeal therefrom to a judge of the county or
district court of the county or district in which he practises.
(2) Notice of appeal shall be given in writing within two^^p^^®**^
weeks after service of the copy of the order of the Board on
the person affected by filing a copy of the notice of appeal
with the clerk of the court and serving a copy thereof on the
registrar.
(3) The appellant shall apply to the judge to fix a date Date of
for the hearing of the appeal, and shall forthwith serve on the
registrar notice of the date so fixed.
(4) The appellant may appear on the appeal in person or Appearances
by counsel, and the Board may appear by any^ member
thereof or by counsel.
(5) The hearing of the appeal shall be a trial de novo, and Nature of
the judge may hear all such evidence as he deems to be
relevant and may affirm the order of the Board, or amend
it and affirm it as amended, or set it aside.
12. The register, or a copy thereof certified by the registrar. Register
• I • •* •• i» ■• f % m cis ©viciGnc©
IS admissible in any proceedings as evidence oi registration or
of lack thereof.
13. No registered radiological technician is liable in any Limitation
. ., . J. ,. 1 • « e of actions
Civil action tor negligence or malpractice by reason ot pro-
fessional services requested or rendered unless such action
is commenced within twelve months from the date when, in
the matter complained of, such professional services ter-
minated.
14. — (1) The Board, subject to the approval of the Regulations
Lieutenant Governor in Council, may make regulations,
(a) prescribing the requirements for admission to courses
of training for radiological technicians and the
content of such courses ;
{b) providing for the holding of examinations for
candidates for registration who are in attendance at
or graduates of courses for radiological technicians:
(c) governing registration and the suspension and can-
cellation of registration and the issue and renewal
of certificates of registration ;
87
Submission
of regula*
tions for
approval
(d) defining unprofessional conduct for the purposes of
this Act;
(e) prescribing fees for the examination of candidates
for registration, and for registration and for the re-
newal of registration ;
(/) prescribing the fees and expenses payable to members
of the Board while carrying on their duties under
this Act ;
(g) respecting any matter necessary or advisable to carry
out eflfectively the intent and purpose of this Act.
(2) Every regulation made by the Board shall be submitted
in writing to the Council of the College of Physicians and
Surgeons at least thirty days before being submitted to the
Lieutenant Governor in Council for approval, and any sub-
missions of the Council of the College of Physicians and
Surgeons shall be submitted to the Lieutenant Governor in
Council with the application for approval of the regulations.
Oommence- 15. This xA.ct comes into force on a day to be named by the
Lieutenant Governor by his proclamation.
Short title XO, This Act may be cited as The Radiological Technicians
Act, 1962-63.
87
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BILL 87
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act respecting Radiological Technicians in Ontario
Mr. Dymond
W
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 87 1962-63
An Act respecting
Radiological Technicians in Ontario
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, JatfoT"-
(a) "Board" means the board appointed under this Act;
(b) "Canadian Society" means the Canadian Society of
Radiological Technicians;
(c) "Ontario Society" means the Ontario Society of
Radiological Technicians;
{(l) "radiological technician" means a person who prac-
tises the technical aspects of the medical use of
ionizing radiation, including Roentgen or X-rays,
radium, radio-active isotopes and particles for diag-
nosis or treatment;
(e) "radiologist" means a duly qualified medical prac-
titioner who holds a specialist certification in diag-
nostic or therapeutic radiology from the Royal
College of Physicians and Surgeons of Canada;
(/) "registered" means registered under this Act, and
"registration" has a corresponding meaning;
(g) "registrar" means the registrar appointed by the
Board ;
(h) "regulations" means the regulations made under this
Act.
2. — (1) The Lieutenant Governor in Council may appoint Board
a board consisting of seven members to be known as the
Board of Radiological Technicians, comprising,
87
Term of
office
Vacancies
(a) four radiological technicians recommended by the
Board of Directors of the Ontario Society;
(b) two radiologists recommended by the Section of
Radiology of the Ontario Medical Association; and
(c) one person, recommended by the Board of Directors
of the Ontario Medical Association from the secre-
tariat of the Ontario Medical Association, who is not
a radiologist.
(2) Every member of the Board shall hold office for a period
of two years, but any member is eligible for re-appointment
at the expiration of his term of office.
(3) Every vacancy on the Board caused by the death,
resignation or incapacity of a member may be filled by the
Lieutenant Governor in Council by the appointment of a
person to hold office for the remainder of the term of such
member.
Officers ^4^ 'pj^g Board shall elect one member of the Board to be
the chairman, one to be the vice-chairman and one to be
the secretary-treasurer of the Board.
Corporation 3.— (1) The Board is hereby constituted a corporation.
Function
Actions
against
Board
barred
(2) The Board shall administer and enforce this Act and
the regulations.
(3) No action shall be brought against the Board or any
member of it for anything done under this Act or the regula-
tions.
By-laws
4r. The Board may pass by-laws providing for,
(a) the calling and conduct of its meetings and proceed-
ings;
(b) the remuneration and expenses of persons employed
by the Board while engaged upon the business of
the Board;
(c) the appointment and remuneration of a registrar,
teachers, examiners, inspectors and such other
persons as the Board may employ, and prescribing
the duties of such persons;
(d) banking and finance and the management of its
property;
87
(e) entering into an agreement or agreements with any
university, school or college for such instruction,
direction and lectures as may be necessary for the
purposes of this Act; and
(/) all other matters reasonably necessary for carrying
out the provisions of this Act.
5. — (1) The Board shall register any radiological technician Registration
who at the date of the coming into force of this Act,
(a) is an active or associate member of the Ontario
Society; or
(b) has met the training and examination standards pre-
scribed jointly by the Canadian Society and the
Canadian Association of Radiologists, and is practis-
ing as a radiological technician in Ontario, and
applies to the Board to be registered within one year
after this Act comes into force; or
(c) has been practising in Ontario as a radiological
technician for a period of five years under the super-
vision of a duly qualified medical practitioner and
has complied with the requirements of the regula-
tions.
(2) The registrar shall register any person who,
(a) has completed the course of training prescribed by
the regulations;
(6) has passed the examinations of the Board; and
Idem
(c) has paid the prescribed fees.
6.— (1) The registrar shall keep a register of all registered ^®*='^*®'"
radiological technicians showing their places of business or
employment from time to time.
(2) If an application for registration is refused by the^'JJ"**"'
registrar or an entry is made in the register in error or by
reason of misrepresentation, the Board may direct that the
necessary entry, erasure or amendment be made in the
register, and the registrar shall make such entry, erasure or
amendment.
7. The registrar shall issue a certificate of registration inCer"'*^^*®
respect of each registration, which shall be renewed annually '"ee'stration
at such times and upon such conditions and the payment of
such fee as the regulations prescribe.
87
Use of
title
Unauthor-
ized use of
title, etc.
8. No person shall use the title "Registered Radiological
Technician" or the abbreviation "R.R.T." unless he is
registered.
9. — (1) Any person not registered,
(a) who assumes or uses the title "Registered Radio-
logical Technician" or the abbreviation "R.R.T.",
or any other words or letters to indicate that he is a
registered radiological technician ; or
(b) who directly or indirectly by advertisement, sign or
statement of any kind advertises, alleges or claims
by any means whatsoever that he is entitled to
assume or use the title "Registered Radiological
Technician" or the abbreviation "R.R.T.",
is guilty of an offence and is liable on summary conviction, for
a first offence, to a fine of not less than $100 and not more
than $200 and, for any subsequent offence, to a fine of not less
than $200 and not more than $500 or to imprisonment for a
term of not more than three months, or to both fine and
imprisonment.
Disposition (2) AH fines recovered for offences against this section
shall be paid to the registrar for the use of the Board.
Suspension,
revocation of
10. — (1) The Board may by order suspend or revoke the
registration registration of any registered radiological technician who it
finds has been guilty of unprofessional conduct as defined by
the regulations, or of incompetence, fraud or misrepresentation
in connection with his practice.
Public
hearing
(2) Before suspending or revoking the registration of a
registered radiological technician under subsection 1, the
Board shall, by notice in writing, inform him of the complaint
or charge that has been made against him and shall provide
him with an opportunity of appearing in person or by counsel
before the Board at a public hearing and of presenting such
evidence and making such representations as he desires.
Powers (3) 'pjjg chairman or vice-chairman of the Board in con-
ducting a public hearing under this section has the same
R.s.o. I960, powers as may be conferred upon a commissioner under The
Public Inquiries Act.
Review of ^^^ jj^^ Board may review at any time any order made
under this section and may make such further order as it
deems proper.
87
(5) A copy of any order made under this section shall be^^'^^^^lj.
serv^ed on the person affected.
11. — (1) Any person affected by an order made under ^pp®^^
section 10 may appeal therefrom to a judge of the county or
district court of the county or district in which he practises.
(2) Notice of appeal shall be given in writing within two^^p^g^i^'
weeks after service of the copy of the order of the Board on
the person affected by filing a copy of the notice of appeal
with the clerk of the court and serving a copy thereof on the
registrar.
(3) The appellant shall apply to the judge to fix a date Date of
for the hearing of the appeal, and shall forthwith serve on the
registrar notice of the date so fixed.
(4) The appellant may appear on the appeal in person or Appearances
by counsel, and the Board may appear by any member
thereof or by counsel.
(5) The hearing of the appeal shall be a trial de novo, and^^*^^,® °f
the judge may hear all such evidence as he deems to be
relevant and may afifirm the order of the Board, or amend
it and afifirm it as amended, or set it aside.
12. The register, or a copy thereof certified by the registrar. Register
• ■••■a* i> •« -• • ^S 6VlCl6nc6
IS admissible in any proceedings as evidence of registration or
of lack thereof.
13. No registered radiological technician is liable in any Limitation
. .. . ° .. 1-1 e of actions
civil action tor negligence or malpractice by reason of pro-
fessional services requested or rendered unless such action
is commenced within twelve months from the date when, in
the matter complained of, such professional services ter-
minated.
14. — (1) The Board, subject to the approval of the Regulations
Lieutenant Governor in Council, may make regulations,
(a) prescribing the requirements for admission to courses
of training for radiological technicians and the
content of such courses;
(6) providing for the holding of examinations for
candidates for registration who are in attendance at
or graduates of courses for radiological technicians;
(c) governing registration and the suspension and can-
cellation of registration and the issue and renewal
of certificates of registration;
87
(d) defining unprofessional conduct for the purposes of
this Act;
(e) prescribing fees for the examination of candidates
for registration, and for registration and for the re-
newal of registration ;
(J) prescribing the fees and expenses payable to members
of the Board while carrying on their duties under
this Act;
(g) respecting any matter necessary or advisable to carry
out effectively the intent and purpose of this Act.
Submission (2) Every regulation made by the Board shall be submitted
tions^Sr' in writing to the Council of the College of Physicians and
approval Surgeons at least thirty days before being submitted to the
Lieutenant Governor in Council for approval, and any sub-
missions of the Council of the College of Physicians and
Surgeons shall be submitted to the Lieutenant Governor in
Council with the application for approval of the regulations.
Commence- 15. This Act comes into force on a day to be named by the
Lieutenant Governor by his proclamation.
Short title 16. This /\ct may be cited as The Radiological Technicians
Act, 1962-63.
87
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BILL 88
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Private Sanitaria Act
Mr. Dymond
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Sections 1 and 4. The present Act provides that, when a voluntary
patient is admitted to a private sanitarium, a legally qualified medical
practitioner must certify that the patient is capable of appreciating the
fact that he is being admitted as a voluntary patient.
In some cases, the patient presents himself for admission without a
doctor's certificate and in these cases it is desirable that he be admitted
without any unnecessary delay. In order to accommodate this type of
patient, these amendments provide that the certificate must be completed
within twelve hours after admission of the patient.
Section 2.
habitues.
This amendment extends the recommittal provision to
Section 3. These new subsections are similar in principle to an
amendment made last year to The Mental Hospitals Act and will enable
patients to leave private sanitaria for a few days to visit their relatives
or friends.
88
BILL 88
1962-63
An Act to amend The Private Sanitaria Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 20 of The Private Sanitaria Act is amended by ^l^^- 1960,
adding thereto the following subsection: amended
(la) Subsection 1 shall be deemed to have been complied idem
with if the certificate mentioned therein is completed
within twelve hours after the admission of the
patient to the sanitarium.
2. Subsection 2 of section 42 of The Private Sanitaria ^dR.s.o. i960,
is amended by striking out "or mentally defective" in thcsubs. 2, '
second line and inserting in lieu thereof "mentally defective ^"^®" ®
or a habitue", so that the subsection shall read as follows:
(2) If within six months thereafter the patient again Recommittal
becomes mentally ill, mentally defective or a habitue sanitarium
to such a degree that his confinement in a sanitarium
is necessary, the medical superintendent, with the
consent of the inspector or one of the visitors, to be
endorsed on the warrant, may, by his warrant
directed to any person or to any constable or peace
officer or to all constables or peace officers, authorize
and direct that the patient be apprehended and
brought back to the sanitarium, and the warrant
so endorsed is authority to anyone acting under it
to apprehend the person named in it and to bring
him back to the sanitarium.
3. Section 43 of l^he Private Sanitaria Act is amended by R|-0- i9|o,
adding thereto the following subsections : amended
(2) The superintendent of a sanitarium may permit any ^eav^^of
patient to leave the sanitarium for a specified period
of not more than five days for the purpose of visiting
his relatives or friends.
88
Recommittal (3) ^ny patient who leaves the sanitarium under sub-
section 1 or 2 and who does not return within the
specified time may be apprehended and brought back
to the sanitarium in the manner provided in sub-
section 2 of section 42.
^•oa9- ^^fR' 4. Section 52 of The Private Sanitaria Act is amended by
c. 307, s. 52, I r 11 • I •
amended addmg thereto the following subsection:
^^^^ (3) Subsection 1 shall be deemed to have been complied
with if the certificate mentioned therein is completed
f^r. f^: within twelve hours after the admission of the
patient to the sanitarium.
Commence- 5. This Act comes into force on the day it receives Royal
Assent.
Short title q^ This Act may be cited as The Private Sanitaria Amend-
ment Act, 1962-63.
88
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BILL 88
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Private Sanitaria Act
Mr. Dymond
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
■TOf?:-
imii.iii^i
BILL 88 1962-63
An Act to amend The Private Sanitaria Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 20 of The Private Sanitaria Act is amended by ^Iq^- i^|^'
adding thereto the following subsection: amended
(la) Subsection 1 shall be deemed to have been complied idem
with if the certificate mentioned therein is completed
within twelve hours after the admission of the
patient to the sanitarium.
2. Subsection 2 of section 42 of The Private Sanitaria i4c^R.s.o. i960,
is amended by striking out "or mentally defective" in the subs. 2,'
second Hne and inserting in lieu thereof "mentally defective ^"^^^ ®
or a habitue", so that the subsection shall read as follows:
(2) If within six months thereafter the patient again Recommittal
becomes mentally ill, mentally defective or a habitue sanitarium
to such a degree that his confinement in a sanitarium
is necessary, the medical superintendent, with the
consent of the inspector or one of the visitors, to be
endorsed on the warrant, may, by his warrant
directed to any person or to any constable or peace
officer or to all constables or peace officers, authorize
and direct that the patient be apprehended and
brought back to the sanitarium, and the warrant
so endorsed is authority to anyone acting under it
to apprehend the person named in it and to bring
him back to the sanitarium.
3. Section 43 of The Private Sanitaria Act is amended by R-|-0- i^^o,
adding thereto the following subsections: amended
(2) The superintendent of a sanitarium may permit any abse^nce*^
patient to leave the sanitarium for a specified period
of not more than five days for the purpose of visiting
his relatives or friends.
88
Recommittal (3) Any patient who leaves the sanitarium under sub-
section 1 or 2 and who does not return within the
specified time may be apprehended and brought back
to the sanitarium in the manner provided in sub-
section 2 of section 42.
R.s.o. I960, 4. Section 52 of The Private Sanitaria Act is amended by
c 307 s 52
amended ' adding thereto the following subsection:
^<*®™ (3) Subsection 1 shall be deemed to have been complied
with if the certificate mentioned therein is completed
within twelve hours after the admission of the
patient to the sanitarium.
Commence- 5, This Act comes into force on the day it receives Royal
ment ■' ■'
Assent.
Short title Q^ This Act may be cited as The Private Sanitaria Amend-
ment Act, 1962-63.
88
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BILL 89
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Cemeteries Act
Mr. Dymond
TORO NTO
Printed and Published by Frank Fogg, Queen's Printer
m .Uii\
Explanatory Notes
Section 1. Section 8 of the Act provides that the applicant for
approval of a commercial cemetery must provide security for proper
maintenance, etc.
The section is re-enacted in order to clarify the intent, to bring it into
line with administrative practices, and to provide a means of returning
deposits when no longer required.
Section 2. Clause ha is complementary to section 1 of this Bill.
Clause hb is complementary to section 3 of this Bill.
«l
Section 3. Section 37a of the Act, which deals with pre-need assurance
funds, that is, the funds that a cemetery owner is required to set aside out
of the sale price of cemetery supplies and services when sold in advance
of need, is re-enacted in order to clarify the intent.
89
•
BILL 89 1962-63
An Act to amend The Cemeteries Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 8 of The Cemeteries Act is repealed and the ^fy^s.^lf^'
following substituted therefor: re-enacted
8. — (1) No application for the establishment or enlarge- Deposit
to HSSUrG
ment of a cemetery, columbarium or mausoleum to maintenance
be operated for gain or profit shall be approved unless
the owner has set aside as a deposit to assure the
maintenance of the cemetery, columbarium or
mausoleum, as the case may be, the sum prescribed
by the regulations and in the manner so prescribed.
(2) The sum set aside as a deposit under subsection 1 ^'^ovfner
may be returned to the owner upon such terms and
conditions as the regulations prescribe.
2. Subsection 1 of section 15 of The Cemeteries Act is^fT^g^ff^'
amended by adding thereto the following clauses: amended
(ha) prescribing the sum that shall be set aside as a
deposit to assure the maintenance of a cemetery,
columbarium or mausoleum to be operated for gain
or profit, the manner in which such sum shall be set
aside and the terms and conditions upon which such
sum may be returned;
{hb) prescribing the portion of the consideration of each
sale that must be paid into the pre-need assurance
fund, the portion that may be withdrawn therefrom
and the terms and conditions upon which such with-
drawal may be made.
3. Section 37a of The Cemeteries Act, as enacted by sec- ^' 47° 3^37°'
tion 3 of The Cemeteries Amendment Act, 1961-62, is repealed (i^|i"|2.
and the following substituted therefor: re-enacted'
89
Pre-need
assurance
funds
37a. — (1) Every owner who sells cemetery supplies or
cemetery services to be furnished or supplied upon
the death of a person who is alive at the time the
sale is made shall establish and maintain a pre-need
assurance fund.
Operation
of fund
Application
of ss. 27-37
(2) Every owner referred to in subsection 1 shall pay
into his pre-need assurance fund such portion of the
consideration of each sale as the regulations prescribe,
and he may withdraw from the fund such portion
„j as the regulations prescribe upon such terms and
conditions as the regulations prescribe.
(3) Sections 27 to 37, except subsection 6 of section 27,
subsection 2 of section 29 and subsection 2 of sec-
tion 33, apply mutatis mutandis to pre-need assurance
funds.
Minister
deemed to
have interest
(4) The Minister or a person designated by him shall be
deemed to be a person having an interest in pre-
need assurance funds.
Passing of
accounts
(5) Every owner shall forthwith submit to be examined,
audited and passed by the judge of the surrogate
court for the county or district in which his cemetery,
columbarium or mausoleum is located the accounts
of his dealings with the pre-need assurance moneys
that have come into his hands since the 1st day of
November, 1957, but this subsection does not apply
to any owner whose accounts with respect to such
funds have been passed since the 1st day of January,
1962.
Idem
(6) Notice of the passing of accounts shall be served
upon the Minister.
ment'"^'^'^®' ^' '^^^^ ^ct comes into force on the day it receives Royal
Assent.
■ rJ"!
Short title 5, This Act may be cited as The Cemeteries Amendment
Act, 1962-63.
89
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BILL 89
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Cemeteries Act
Mr. Dymond
TORO NTO
Printed and Published by Frank Fogg, Queen's Printer
•Jl; a^
BILL 89 1962-63
An Act to amend The Cemeteries Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 8 of The Cemeteries Act is repealed and the^fy^g^l^^'
following substituted therefor: re-enacted
8. — (1) No application for the estabhshment or enlarge- t^^l^sure
ment of a cemetery, columbarium or mausoleum to '^^*"*®"^"^^®
be operated for gain or profit shall be approved unless
the owner has set aside as a deposit to assure the
maintenance of the cemetery, columbarium or
mausoleum, as the case may be, the sum prescribed
by the regulations and in the manner so prescribed.
(2) The sum set aside as a deposit under subsection 1 uTowner
may be returned to the owner upon such terms and
conditions as the regulations prescribe.
2. Subsection 1 of section 15 of The Cemeteries Act isc.'47, s. i5. '
amended by adding thereto the following clauses: amended
{ha) prescribing the sum that shall be set aside as a
deposit to assure the maintenance of a cemetery,
columbarium or mausoleum to be operated for gain
or profit, the manner in which such sum shall be set
aside and the terms and conditions upon which such
sum may be returned ;
Qih) prescribing the portion of the consideration of each
sale that must be paid into the pre-need assurance
fund, the portion that may be withdrawn therefrom
and the terms and conditions upon which such with-
drawal may be made.
3. Section 37a of The Cemeteries Act, as enacted by sec-^"f7^g^37°'
tion 3 of The Cemeteries Amendment Act, 1961-62, is repealed (^^^^"l^^j
and the following substituted therefor: re-enacted'
89
Pre-need
assurance
funds
Operation
of fund
Application
of ss. 27-37
37a. — (1) Every owner who sells cemetery supplies or
cemetery services to be furnished or supplied upon
the death of a person who is alive at the time the
sale is made shall establish and maintain a pre-need
assurance fund.
(2) Every owner referred to in subsection 1 shall pay
into his pre-need assurance fund such portion of the
consideration of each sale as the regulations prescribe,
and he may withdraw from the fund such portion
as the regulations prescribe upon such terms and
conditions as the regulations prescribe.
(3) Sections 27 to 37, except subsection 6 of section 27,
subsection 2 of section 29 and subsection 2 of sec-
tion 33, apply mutatis mutandis to pre-need assurance
funds.
Minister
deemed to
have interest
(4) The Minister or a person designated by him shall be
deemed to be a person having an interest in pre-
need assurance funds.
Passing of
accounts
(5) Every owner shall forthwith submit to be examined,
audited and passed by the judge of the surrogate
court for the county or district in which his cemetery,
columbarium or mausoleum is located the accounts
of his dealings with the pre-need assurance moneys
that have come into his hands since the 1st day of
November, 1957, but this subsection does not apply
to any owner whose accounts with respect to such
funds have been passed since the 1st day of January,
1962.
Idem
(6) Notice of the passing of accounts shall be served
upon the Minister.
menY"®'^*'®" *• ^^^^ "^^^ comes into force on the day it receives Royal
Assent.
Short title 5, This Act may be cited as The Cemeteries Amendment
Act, 1962-63.
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BILL 90
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Wills Act
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
\w Aim
A'' m'ir
Explanatory Note
Under the present law it is possible for the widow of a testator's
deceased son to take the first $20,000 of a substitutional gift and also the
firsts 20,000 of her deceased husband's estate.
The purpose of this amendment is to have the substitutional gift dis-
tributed without regard to the $20,000 preferential share, thus ensuring
that a portion of the gift will go to the testator's grandchildren.
90
BILL 90 1962-63
An Act to amend The Wills Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 36 of The Wills Act is amended by striking out^fsa" g.^fe;
"if he had died intestate and without debts immediately af ter ^'^®"^®"*
the death of the testator" in the seventh, eighth and ninth
lines and inserting in lieu thereof the following clauses:
"(a) if that person had died immediately after the death
of the testator;
(6) if that person had died intestate;
{c) if that person had died without debts; and
{d) if sections 11 and 12 of The Devolution of Estates
Act had not been passed",
so that the section shall read as follows:
36. Unless a contrary intention appears by the will,^'^^|*^g^f^s
where a devise or bequest is made to a child, grand-
child, brother or sister of the testator who dies before
the testator and leaves issue surviving the testator,
the devise or bequest does not lapse but takes
effect as if it had been made directly to the persons
among whom and in the shares in which the estate
of that person would have been divisible,
(a) if that person had died immediately after the
death of the testator;
(6) if that person had died intestate;
90
2
(c) if that person had died without debts; and
RS^O- 1960, (^) if sections 11 and 12 of The Devolution of
Estates Act had not been passed.
Short title 2. This Act may be cited as The Wills Amendment Act,
1962-63.
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BILL 90
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Wills Act
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
oj i3A nL
r
BILL 90 1962-63
An Act to amend The Wills Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 36 of The Wills Act is amended by striking out ^'la^; l.^le;
"if he had died intestate and without debts immediately af ter ^'"®"^®*^
the death of the testator" in the seventh, eighth and ninth
lines and inserting in lieu thereof the following clauses:
"(a) if that person had died immediately after the death
of the testator;
{h) if that person had died intestate;
(c) if that person had died without debts; and
{d) if sections 11 and 12 of The Devolution of Estates
Act had not been passed",
so that the section shall read as follows:
36. Unless a contrary intention appears by the will, ^"^'^g'lft,
where a devise or bequest is made to a child, grand-
child, brother or sister of the testator who dies before
the testator and leaves issue surviving the testator,
the devise or bequest does not lapse but takes
effect as if it had been made directly to the persons
among whom and in the shares in which the estate
of that person would have been divisible,
(a) if that person had died immediately after the
death of the testator;
(6) if that person had died intestate;
90
2
(c) if that person had died without debts; and
R.s^o.i960. (^) if sections 11 and 12 of The Devolution of
Estates Act had not been passed.
Short title 2. This Act may be cited as The Wills Amendment Act,
1962-63.
I IDA <;.
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BILL 91
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act respecting Emergency Measures
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The Bill provides for planning to ensure the continued functioning of
government in an emergency.
91
BILL 91 1962-63
An Act respecting Emergency Measures
WHEREAS it is desirable to co-operate with the Govern- ^^^^^^^^
ment of Canada in carrying out, in respect of Ontario,
its responsibility for the security, defence, peace, order and
welfare of Canada in the event of a real or apprehended war,
invasion or insurrection;
And Whereas it is advisable to make provision for the
continued functioning of civil government in Ontario during
an emergency caused by a real or apprehended war, invasion
or insurrection or by natural causes;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. In this Act, l^l^^r-
(a) "Commissioner" means the Commissioner of the
Emergency Measures Organization of Ontario;
(b) "emergency" means,
(i) a real or apprehended war, invasion or insur-
rection proclaimed to exist under the Wa/'^lg^- 1^52,
I Measures Act (Canada), or
^ (ii) a natural emergency declared to exist under
{ section 3.
?
^ 2. — (1) The Emergency Measures Organization of Ontario Measures'^
> is continued and shall be under the administration of the ^'"^t^inued'*'"
I Attorney General.
(2) The Lieutenant Governor in Council may appoint the ^f'^Spm*"'®"^
missioner
and staff
Commissioner of the Emergency Measures Organization of '"'^^°'^®'*
Ontario and such other officers and employees as are deemed
necessary.
91
Declaration 3. xhe Attorney General may declare a natural emergency
of natural ... , . , ,. • ^ j j •
emergency to exist dunng the tmie, not exceedmg nmety days, and m
the part of Ontario that he designates.
Plans of
provincial
govern-
mental
bodies
4. — (1) It shall be the responsibility of,
{a) each Minister of the Crown presiding over a depart-
ment of government; and
{h) each board, commission or other branch of govern-
ment designated by the Lieutenant Governor in
Council,
to formulate a plan to provide for the continued function of
the necessary services of the department or branch of govern-
ment in the event of an emergency.
pians^^'^^^ (2) Each county together with the local municipalities
within the county that do not form part of the county for
municipal purposes shall formulate a plan to provide for the
continued function of municipal government and the necessary
services of the municipalities in the event of an emergency.
Exception (3) Notwithstanding subsection 2, the County of York and
The Municipality of Metropolitan Toronto shall formulate
separate plans.
Plans of
munici-
palities
(4) Every municipality in a territorial district shall formu-
late a plan to provide for the continued function of municipal
government and the necessary services of the municipality
or municipalities in the event of an emergency.
Commis-^ 5.— (1) Every plan shall be prepared under the supervision
sioner and guidance of the Commissioner.
Auorne^^ ^^ ^^^ Every plan and every amendment to a plan is subject
General to the approval of the Attorney General, and, before approving
a plan or amendment, the Attorney General may make such
alterations as he considers necessary for the purpose of uni-
formity or of co-ordinating the plan with other authorities or
plans.
Regulations Q^ j^g Attorney General may make such regulations as he
deems necessary for the purposes of this Act.
Agreements 7._(i) The Attorney General, with the approval of the
toward^cost" Lieutenant Governor in Council, may make agreements with
the Crown in right of Canada in respect of the payment by
91
Canada to Ontario of any part of the cost to Ontario and to
municipalities in Ontario of planning or preparing for an
emergency or of executing emergency plans.
(2) The Attorney General, with the approval of the ^greement^s
Lieutenant Governor in Council, may make agreements with equipment '
the Crown in right of any other province for the provision of
any service, equipment or material in an emergency.
8. This Act comes into force on the day it receives Royal ^g^^'"®'^''®"
Assent.
9. This Act may be cited as The Emergency Measures ^c/, short title
1962-63.
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BILL 91
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act respecting Emergency Measures
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 91 1962-63
An Act respecting Emergency Measures
WHEREAS it is desirable to co-operate with the Govern- Preamble
ment of Canada in carrying out, in respect of Ontario,
its responsibility for the security, defence, peace, order and
welfare of Canada in the event of a real or apprehended war,
invasion or insurrection ;
And Whereas it is advisable to make provision for the
continued functioning of civil government in Ontario during
an emergency caused by a real or apprehended war, invasion
or insurrection or by natural causes;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative i\ssembly of the Province of Ontario, enacts
as follows:
1. In this Act, i^i^r-
(a) "Commissioner" means the Commissioner of the
Emergency Measures Organization of Ontario;
(b) "emergency" means,
(i) a real or appreiiended war, invasion or insur-
rection proclaimed to exist under the War^-^^-^^^^-
Measures Act (Canada), or
(ii) a natural emergency declared to exist under
section 3.
2. — (1) The Emergency Measures Organization of Ontario MeaaurM^
is continued and shall be under the administration of the ^'Jffjn^*^'^"
Attorney General.
(2) The Lieutenant Governor in Council may appoint the of'com-™*"
Commissioner of the Emergency Measures Organization of^'^'g^aff
Ontario and such other ofificers and emplo\'ees as are deemed
necessary.
91
Declaration 3, xhe Attorney General may declare a natural emergency
emergency to exist during the time, not exceeding ninety days, and in
the part of Ontario that he designates.
4. — (1) It shall be the responsibility of,
Plans of
provincial
govern-
mental
bodies
(a) each Minister of the Crown presiding over a depart-
ment of government; and
(b) each board, commission or other branch of govern-
ment designated by the Lieutenant Governor in
Council,
to formulate a plan to provide for the continued function of
the necessary services of the department or branch of govern-
ment in the event of an emergency.
pfans^^^^' (2) Each county together with the local municipalities
within the county that do not form part of the county for
municipal purposes shall formulate a plan to provide for the
continued function of municipal government and the necessary
services of the municipalities in the event of an emergency.
Exception
Plans of
munici-
palities
(3) Notwithstanding subsection 2, the County of York and
The Municipality of Metropolitan Toronto shall formulate
separate plans.
(4) Every municipality in a territorial district shall formu-
late a plan to provide for the continued function of municipal
government and the necessary services of the municipality
or municipalities in the event of an emergency.
Commis-*^ 5. — (1) Every plan shall be prepared under the supervision
sioner a,^fj guidance of the Commissioner.
Attorney' ^^ ^^"^ Every plan and every amendment to a plan is subject
General to the approval of the Attorney General, and, before approving
a plan or amendment, the Attorney General may make such
alterations as he considers necessary for the purpose of uni-
formity or of co-ordinating the plan with other authorities or
plans.
Regulations Q^ 'j^j^j. Attorney General may make such regulations as he
deems necessary for the purposes of this Act.
Agreements
for
7. — (1) The Attorney General, with the approval of the
toward "cost'^ Lieutenant Governor in Council, may make agreements with
the Crown in right of Canada in respect of the payment by
91
Canada to Ontario of any part of the cost to Ontario and to
municipalities in Ontario of planning or preparing for an
emergency or of executing emergency plans.
(2) The Attorney General, with the approval of the ^greemen^t^B
Lieutenant Governor in Council, may make agreements with equipment '
the Crown in right of any other province for the provision of
any service, equipment or material in an emergency.
8. This Act comes into force on the day it receives Royal meSt"^®'^^®"
Assent.
9. This Act may be cited as The Emergency Measures Act, s^^or* title
1962-63.
91
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BILL 92
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
The Artificial Insemination of Cattle Act, 1962-63
Mr. Stewart
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
s:«>
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fioij?;:i-.- * '«nf^!i
Explanatory Note
This Bill provides a licensing system for the artificial insemination of
cattle, and eliminates the control of the use of artificial insemination in
the breeding of live stock other than cattle.
92
BILL 92 1962-63
The Artificial Insemination of Cattle Act,
1962-63
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
-i T 4.U- A ^ Interpre-
1. In this Act, tation
(a) "artificial insemination" means the depositing of
semen in the genital tract of a domestic female
animal of the bovine species by a means other than
the natural method ;
(b) "Commissioner" means the Live Stock Commissioner;
(c) "Committee" means The Artificial Insemination of
Cattle Advisory Committee;
(d) "inseminating business" means a business in which
one or more inseminators are engaged in artificial
insemination ;
(e) "inseminator" means a person who engages in the
process of artificial insemination or the collection of
semen for purposes of artificial insemination ;
(/) "Minister" means the Minister of Agriculture;
(g) "semen-producing business" means a business that
maintains a bull stud of at least five bulls for the
production and sale of semen for the purpose of
artificial insemination ;
(h) "veterinarian" means a person registered as a
member of the Ontario V^eterinary Association under
The Veterinarians Act. ^fi?' ^^^^•
2. The Commissioner is responsible to the Minister for thesioner
administration and enforcement of this Act. charge"
92
Appoint-
ment of
Committee
3. — (1) The Lieutenant Governor in Council may appoint
a committee consisting of not fewer than three persons to be
known as The Artificial Insemination of Cattle Advisory
Committee.
Function of
Committee
(2) The Committee shall act in an advisory capacity to the
Minister and the Commissioner.
ar^d vice" ^^^ ^^^^ Lieutenant Governor in Council may designate one
chairman of the members as chairman and one member as vice-
chairman.
Allowances (4) Yhe members of the Committee shall receive such
to members ■*" '
allowances and expenses as the Lieutenant Governor
Council determines.
m
Inspectors
4. The Lieutenant Governor in Council may appoint
inspectors to carry out and enforce this Act and the regula-
tions.
Certificate
of appoint-
ment
5. — (1) The production by the Commissioner or by an in-
spector of a certificate of his appointment purporting to be
signed by the Minister is admissible in evidence as prima facie
proof of his appointment without further proof of the sig-
nature or authority of the Minister.
Obstruction (2) No person shall hinder or obstruct the Commissioner or
of Commis- . . , ^ , . , . ^ . , , . . ,
sioner or an mspector m the course 01 his duties or furnish him with
inspec or false information, or refuse to furnish him with information.
Licensing
6. No person shall commence or continue to engage in an
inseminating business or a semen-producing business without
a licence therefor from the Commissioner.
Idem
7. No person shall commence or continue to act as an
inseminator without a licence therefor from the Commissioner.
issue^Hcence ^* — (1) The Commissioner, for any, reason that he deems
proper after a hearing, may refuse to issue a licence to any
person to engage in an inseminating business or a semen -
producing business or to act as an inseminator.
Appeal
(2) Any person to whom the Commissioner has refused to
issue a licence under subsection 1 may appeal the decision of
the Commissioner to the Minister, who may confirm the
decision or require the Commissioner to issue the licence.
Cancella-
tion, etc.,
of licence
(3) The Commissioner, after a hearing, may suspend, cancel
or refuse to renew a licence of any person who contravenes any
of the provisions of this Act or the regulations.
92
(4) Any person whose licence was not renewed or was-^PP^^'
suspended or cancelled may appeal the decision of the Com-
missioner to the Minister, who may confirm the decision of the
Commissioner or require the Commissioner to reinstate the
licence.
9. — (1) Subject to subsection 2, no person shall engage i'^fbtafn d^ ^^
an inseminating business or act as an inseminator with [rom
semen obtained from any source other than a licensed semen- semen-
1 • 1 • producing
producmg busmess. business
(2) Subsection 1 does not apply to,
(a) a veterinarian in the normal course of his duties; or
Exceptions
(b) a person who applies for and obtains the written
approval of the Commissioner for the use of semen
from a source other than a licensed semen-producing
business.
10. The Lieutenant Governor in Council may make regu- ^^suiations
lations,
(a) prescribing the duties of the Committee;
(b) providing for the issue, renewal, cancellation, sus-
pension or revocation of or refusal to issue or renew
licences, and prescribing the fees payable for licences
or the renewal thereof;
• (c) prescribing forms and providing for their use;
(d) prescribing requirements and minimum standards
for any semen-producing business or any inseminat-
ing business;
(e) prescribing the terms and conditions under which
semen may be obtained from any semen-producing
business;
(/) prescribing the places at which and the conditions
under which semen may be frozen and stored;
(g) prescribing the qualifications and duties of in-
seminators;
(h) prescribing the powers and duties of the Commis-
sioner and inspectors;
92
• 4
(i) providing for grants to semen-producing businesses
and inseminating businesses and prescribing the
terms and conditions upon which such grants may be
paid;
(j) requiring the keeping of prescribed books and
records and the furnishing of prescribed information
by the operators of semen-producing businesses and
inseminating businesses and by inseminators;
(k) providing for the blood-typing of bulls maintained
by a semen-producing business and of bulls from
which semen is obtained by a semen-producing busi-
ness or an inseminating business;
(/) prescribing health standards of bulls maintained by
a semen-producing business and of bulls from which
semen is obtained by an inseminating business or a
semen-producing business;
(m) exempting any person or class of persons from any
or all of the provisions of this Act or the regulations
made thereunder;
(n) respecting any matter necessary or advisable to carry
out effectively the intent and purpose of this Act.
Offences jj^ Every person who contravenes any of the provisions
of this Act or the regulations made thereunder is guilty of an
offence and on summary conviction is liable to a fine of not
less than $50 and not more than $200 for a first offence, and
to a fine of not less than $200 and not more than $500 for a
subsequent offence.
R.S.O. I960, -« rt T-T ^ -y- ■ 7 T- • A • 11
c. 22, lis. I ne Arhjicial Insemination Act is repealed,
repealed
ment"^"''^ 13. This Act comes into force on the day it receives Royal
Assent.
Short title j^^ T\\\s Act may be cited as The Artificial Insemination
of Cattle Act, 1962-63.
92
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BILL 92
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
The Artificial Insemination of Cattle Act, 1962-63
Mr. Stewart
{Reprinted as amended by the Committee on Agriculture)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
1*»
Explanatory Note
This Bill provides a licensing system for the artificial insemination of
cattle, and eliminates the control of the use of artificial insemination in
the breeding of live stock other than cattle.
92
BILL 92 1962-63
The Artificial Insemination of Cattle Act,
1962-63
HER MAJESTY, by and with the advice and consent of
the Legislative Assenibly of the Province of Ontario,
enacts as follows :
1. In this Act, interpre-
tation
(a) "artificial insemination" means the depositing of
semen in the genital tract of a domestic female
animal of the bovine species by a means other than
the natural method;
(b) "Commissioner" means the Live Stock Commissioner;
(c) "Committee" means The Artificial Insemination of
Cattle Advisory Committee;
(d) "inseminating business" means a business in which
one or more inseminators are engaged in artificial
insemination ;
(e) "inseminator" means a person who engages in the
process of artificial insemination or the collection of
semen for purposes of artificial insemination ;
(/) "Minister" means the Minister of Agriculture;
(g) "regulations" means the regulations made under this
(h) "semen-producing business" means a business that
maintains a bull stud of at least five bulls for the
production and sale of semen for the purpose of
artificial insemination ;
(i) "veterinarian" means a person registered as a
member of the Ontario Veterinary Association under
The Veterinarians Act. R.S.O. 1960, c. 22, s. l.^fj?- 1^^**-
amended.
92
Commis-
aioner
to be in
charge
2. The Commissioner is responsible to the Minister for the
administration and enforcement of this Act. R.S.O. 1960,
c. 22, s. 2.
Appoint-
ment of
Committee
3. — (1) The Lieutenant Governor in Council may appoint
a committee consisting of not fewer than three persons to be
known as The Artificial Insemination of Cattle Advisory
Committee.
committee*^ (2) The Committee shall act in an advisory capacity to the
Minister and the Commissioner.
Chairman
and vice-
chairman
(3) The Lieutenant Governor in Council may designate one
of the members as chairman and one member as vice-
chairman.
to members (^^ ^^^ members of the Committee shall receive such
allowances and expenses as the Lieutenant Governor in
Council determines. New.
Inspectors
4. The Lieutenant Governor in Council may appoint
inspectors to carry out and enforce this Act and the regula-
tions. New.
Certificate
of appoint-
ment
5.— -(1) The production by the Commissioner or by an in-
spector of a certificate of his appointment purporting to be
signed by the Minister is admissible in evidence as prima facie
proof of his appointment without further proof of the sig-
nature or authority of the Minister.
of^'omniis'^ ^"^ ^^ person shall hinder or obstruct the Commissioner or
aioner or an inspector in the course of his duties or furnish him with
false information, or refuse to furnish him with information.
New.
Licensing Q^ ^q person shall commence or continue to engage in an
inseminating business or a semen-producing business without
a licence therefor from the Commissioner. New.
Idem
7. No person shall commence or continue to act as an
inseminator without a licence therefor from the Commissioner.
New.
Refusal to
issue licence
8. — (1) The Commissioner, for any reason that he deems
proper after a hearing, may refuse to issue a licence to any
person to engage in an inseminating business or a semen-
producing business or to act as an inseminator.
92
(2) Any person to whom the Commissioner has refused to ^-ppeai
issue a licence under subsection 1 may appeal the decision of
the Commissioner to the Minister, who may confirm the
decision or require the Commissioner to issue the licence.
(3) The Commissioner, after a hearing, may suspend, cancel tionfetc.'
or refuse to renew a licence of any person who contravenes any °^ licence
of the provisions of this Act or the regulations.
(4) Any person whose licence was not renewed or was ^pp®*^
suspended or cancelled may appeal the decision of the Com-
missioner to the Minister, who may confirm the decision of the
Commissioner or require the Commissioner to reinstate the
licence. New.
9. — (1) Subject to subsection 2, no person shall engage in^tained* ^^
an inseminating business or act as an inseminator with [f^'J^gg^j
semen obtained from anv source other than a licensed semen- 3®i"®"-.
. . ' producing
producmg busmess. business
(2) Subsection 1 does not apply to. Exceptions
(a) a veterinarian in the normal course of his duties; or
(b) a person who applies for and obtains the written
approval of the Commissioner for the use of semen
from a source other than a licensed semen-producing
business. New.
10. The Lieutenant Governor in Council may make j-egu- ^®^"'^*^'°'^
lations,
(a) prescribing the duties of the Committee;
(b) providing for the issue, renewal, cancellation, sus-
pension or revocation of or refusal to issue or renew
licences, and prescribing the fees payable for licences
or the renewal thereof;
(c) prescribing forms and providing for their use;
(d) prescribing requirements and minimum standards
for any semen-producing business or any inseminat-
ing business ;
(e) prescribing the terms and conditions under which
semen may be obtained from any semen-producing
business;
(/) prescribing the places at which and the conditions
under which semen may be frozen and stored ;
92
4
(g) prescribing the qualifications and duties of in-
seminators;
(h) prescribing the powers and duties of the Commis-
sioner and inspectors;
(i) providing for grants to semen-producing businesses
and inseminating businesses and prescribing the
terms and conditions upon which such grants may be
paid ;
(j) requiring the keeping of prescribed books and
records and the furnishing of prescribed information
by the operators of semen-producing businesses and
inseminating businesses and by inseminators;
(k) providing for the blood-typing of bulls maintained
by a semen-producing business and of bulls from
which semen is obtained by a semen-producing busi-
ness or an inseminating business;
(/) prescribing health standards of bulls maintained by
a semen-producing business and of bulls from which
semen is obtained by an inseminating business or a
semen-producing business;
(m) exempting any person or class of persons from any
or all of the provisions of this Act or the regulations;
(n) respecting any matter necessary or advisable to carry
out eflFectively the intent and purpose of this Act.
R.S.O. 1960, c. 22, s. 4, amended.
11. Every person who contravenes any of the provisions
of this Act or the regulations is guilty of an offence and on
summary conviction is liable to a fine of not less than $50
and not more than $200 for a first ofifence, and to a fine of
not less than $200 and not more than $500 for a subsequent
ofTence. R.S.O. 1960, c. 22, s. 5, amended.
R.S.O. I960.
c- 22, 12. The Artificial Insemination Act is repealed,
repealed "^ '^
ment"*'^^^ 13. This Act comes into force on the day it receives Royal
Assent.
Short title X4t, This Act may be cited as The Artificial Insemination
of Cattle Act, 1962-63.
Offences
92
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BILL 92
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
The Artificial Insemination of Cattle Act, 1962-63
Mr. Stewart
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
1«» .1.
iO'tiHnim9mil Ib^^^'*"^-- *■*■'
BILL 92 1962-63
The Artificial Insemination of Cattle Act,
1962-63
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :
1. In this Act, interpre-
tation
(a) "artificial insemination" means the depositing of
semen in the genital tract of a domestic female
animal of the bovine species by a means other than
the natural method ;
(b) "Commissioner" means the Live Stock Commissioner;
(c) "Committee" means The Artificial Insemination of
Cattle Advisory Committee;
(d) "inseminating business" means a business in wliich
one or more inseminators are engaged in artificial
insemination ;
(e) "inseminator" means a person who engages in the
process of artificial insemination or the collection of
semen for purposes of artificial insernination ;
I (/) "Minister" means the Minister of Agriculture;
t
f (g) "regulations" means the regulations made under this
& Act ;
V
''ft (h) "semen-producing business" means a business that
^ maintains a bull stud of at least five bulls for the
production and sale of semen for the purpose of
artificial insemination;
(i) "veterinarian" means a person registered as a
member of the Ontario Veterinary Association under
The Veterinarians Act. R.S.O. 1960, c. 22, s. l.^-fj?" ^^®°'
amended.
92
Commis-
sioner
to be in
charge
2. The Commissioner is responsible to the Minister for the
administration and enforcement of this Act. R.S.O. 1960,
c. 22, s. 2.
Appoint-
ment of
Committee
3. — (1) The Lieutenant Governor in Council may appoint
a committee consisting of not fewer than three persons to be
known as The Artificial Insemination of Cattle Advisory
Committee.
Committee^ (2) The Committee shall act in an advisory capacity to the
Minister and the Commissioner.
Cliairman
and vice-
chairman
(3) The Lieutenant Governor in Council may designate one
of the members as chairman and one member as vice-
chairman.
Allowances (4) f^e members of the Committee shall receive such
to members ^ ' .
allowances and expenses as the Lieutenant Governor m
Council determines. New.
Inspectors 4. "Yhe Lieutenant Governor in Council may appoint
inspectors to carry out and enforce this Act and the regula-
tions. New.
of^appofnt- ^' — ^^^ The production by the Commissioner or by an in-
ment spector of a certificate of his appointment purporting to be
signed by the Minister is admissible in evidence as prima facie
proof of his appointment without further proof of the sig-
nature or authority of the Minister.
Obstruction
of Commis-
sioner or
inspector
(2) No person shall hinder or obstruct the Commissioner or
an inspector in the course of his duties or furnish him with
false information, or refuse to furnish him with information.
New.
Licensing
6. No person shall commence or continue to engage in an
inseminating business or a semen-producing business without
a licence therefor from the Commissioner. New.
Idem
7. No person shall commence or continue to act as an
inseminator without a licence therefor from the Commissioner.
New.
Refusal to
issue licence
8. — (1) The Commissioner, for any reason that he deems
proper after a hearing, may refuse to issue a licence to any
person to engage in an inseminating business or a semen-
producing business or to act as an inseminator.
92
(2) Any person to whom the Commissioner has refused to-'^PP®**
issue a licence under subsection 1 may appeal the decision of
the Commissioner to the Minister, who may confirm the
decision or require the Commissioner to issue the licence.
(3) The Commissioner, after a hearing, may suspend, cancel tion°eto.".
or refuse to renew a licence of any person who contravenes any °^ licence
of the provisions of this Act or the regulations.
(4) Any person whose licence was not renewed or was"^^^®*'
suspended or cancelled may appeal the decision of the Com-
missioner to the Minister, who may confirm the decision of the
Commissioner or require the Commissioner to reinstate the
licence. New.
9.— (1) Subject to subsection 2, no person shall engage infbtatned" ^^
an inseminating business or act as an inseminator with [[Jp^^gg^j
semen obtained from anv source other than a licensed semen- ^emen-
.... producing
producing business. business
(2) Subsection 1 does not apply to, Exceptions
(a) a veterinarian in the normal course of his duties; or
{b) a person who applies for and obtains the written
approval of the Commissioner for the use of semen
from a source other than a licensed semen-producing
business. New.
10. The Lieutenant Governor in Council may make i-ggy. ^Regulations
lations,
(a) prescribing the duties of the Committee;
{b) providing for the issue, renewal, cancellation, sus-
pension or revocation of or refusal to issue or renew
licences, and prescribing the fees payable for licences
or the renewal thereof;
(c) prescribing forms and providing for their use;
{d) prescribing requirements and minimum standards
for any semen-producing business or any inseminat-
ing business;
{e) prescribing the terms and conditions under which
semen may be obtained from any semen-producing
business ;
(/) prescribing the places at which and the conditions
under which semen may be frozen and stored;
92
4
is) prescribing the qualifications and duties of in-
seminators;
(h) prescribing the powers and duties of the Commis-
sioner and inspectors;
(i) providing for grants to semen-producing businesses
and inseminating businesses and prescribing the
terms and conditions upon which such grants may be
paid;
0) requiring the keeping of prescribed books and
records and the furnishing of prescribed information
by the operators of semen-producing businesses and
inseminating businesses and by inseminators;
(k) providing for the blood-typing of bulls maintained
by a semen-producing business and of bulls from
which semen is obtained by a semen-producing busi-
ness or an inseminating business;
(/) prescribing health standards of bulls maintained by
a semen-producing business and of bulls from which
semen is obtained by an inseminating business or a
semen -producing business;
(w) exempting any person or class of persons from any
or all of the provisions of this Act or the regulations;
(n) respecting any matter necessary or advisable to carry
out effectively the intent and purpose of this Act.
R.S.O. 1960, c. 22, s. 4, amended.
Offences jj^ Every person who contravenes any of the provisions
of this Act or the regulations is guilty of an offence and on
summary conviction is liable to a fine of not less than $50
and not more than $200 for a first offence, and to a fine of
not less than $200 and not more than $500 for a subsequent
offence. R.S.O. 1960, c. 22, s. 5, amended.
R.S.O. I960. ^n rr., . -r • 1 ^ A • 11
c. 22, 152. 1 he Artificial InsemmaHon Act is repealed,
repealed
ment"^^"^* 13. This Act comes into force on the day it receives Royal
Assent.
Short title 14-. This Act may be cited as The Artificial Insemination
of Cattle Act, 1962-63.
92
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BILL 93
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend
The Ontario Human Rights Code, 1961-62
Mr. Davison
.1^-
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The purpose of the amendments is to prevent discrimination in
employment because of age, except within the limits set out in the provision
added by subsection 2 of section 1 of the Bill.
93
BILL 93 1962-63
An Act to amend
The Ontario Human Rights Code, 1961-62
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Subsection 1 of section 4 of The Ontario Human^^^^^-^
Rights Code, 1961-62 is amended by inserting after "his" in subs.' i
the fifth line "age", so that the subsection shall read as
follows:
(1) No employer or person acting on behalf of an Employers
employer shall refuse to employ or to continue to discriminate
employ any person or discriminate against any person employment
with regard to employment or any term or condition ^'^^^ ^^®^
of employment because of his age, race, creed,
colour, nationality, ancestry or place of origin.
(2) The said section 4 is amended by adding thereto thec^93"^s.'4,
following subsection: amended
(la) Nothing in subsection 1 prevents an employer from Exceptions
refusing to employ or to continue to employ a person
who is physically incapable of performing the work
required or from retiring an employee under a bona
fide retirement scheme or policy or from varying
insurance or pension coverage according to an
employee's age.
(3) Subsection 2 of the said section 4 is amended by insert- ^^ll'^g^^
ing after "of" in the third line "age", so that the subsection l^^^i^^^^
shall read as follows:
(2) No trade union shall exclude from membership or ^f®t?^^®'■^^'P
expel or suspend any person or member or dis-""^^'^
criminate against any person or member because of
age, race, creed, colour, nationality, ancestry or place
of origin.
93
1961-62,
c. 93, s. 4,
subs. 3,
amended
(4) Subsection 3 of the said section 4 is amended by insert-
ing after "the" in the fifth line "age" and by inserting after
"concerning" in the eighth line "age", so that the subsection
shall read as follows:
appHcations* (^) ^° person shall use or circulate any form of applica-
and adver- ^Jon for employment or publish any advertisement
not to in connection with employment or prospective em-
discriminate , , . ....
ployment or make any written or oral mquiry that
expresses either directly or indirectly any limitation,
specification or preference as to the age, race, creed,
colour, nationality, ancestry or place of origin of
any person or that requires an applicant to furnish
any information concerning age, race, creed, colour,
nationality, ancestry or place of origin.
menV"^'^^^ 2. This Act comes into force on the day it receives Royal
Assent.
Short title 3. This Act may be cited as The Ontario Human Rights
Code Amendment Act, 1962-63.
:!*;
93
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BILL 94
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend
The Secondary Schools and Boards of Education Act
Mr. Davis
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Sections 1 and 2. The effect of the amendments is to continue
existing continuation schools and provide for the alteration of certain
continuation school districts.
94
BILL 94
1962-63
An Act to amend The Secondary Schools and
Boards of Education Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsections 1 and 3 of section 2 of The Secondary'R-^o.xQoo,
Schools and Boards of Education Act axe. repealed and thesubss.'i.'a,'
following substituted therefor:
(1) A continuation school that was established under Continuation
1 • ir • r>fi-A • -1 school
subsection 1 oi section 2 ot this Act as it existed established
before this subsection came into force and that was board
being operated immediately before this subsection °°" ^""®
came into force is continued until dissolved in
accordance with this Part.
(3) A continuation school that was established by an Continuation
1 • 1 1 • -> / school
agreement entered into under subsection 3 oi sec- established
tion 2 of this Act as it existed before this subsection more boards
came into force and that was being operated im- '^^'^ ^"^"^
mediately before this subsection came into force is
continued until dissolved in accordance with this
Part.
2. Section 5 of The Secondary Schools and Boards of Educa- ^fg^- l^t^'
tion Act is amended by adding thereto the following sub- amended
section :
(7) Where a continuation school board has jurisdiction P^e^u^^on
• -1 11 r 1 • 1 1 ^^ district
in a portion but not all ot a township school area
and in a portion but not all of an area under the
jurisdiction of a combined separate school board,
and the agreement that was entered into by the
former elementary school boards is not renewed in
any year by the trustees elected or appointed by
either the public school ratepayers or the separate
94
school supporters or either group of trustees gives
notice in writing to the secretary of the continuation
school board before the 1st day of July in any year
that it wishes to cancel the agreement, the portion
of the continuation school district that it represents
shall be detached as of the 31st day of December
of that year, and the assets and liabilities shall be
disposed of undsr subsection 2 of section 6, and the
remaining portion of the district shall continue until
altered or dissolved under this Part.
R.s.o. I960. 3, Subsection 3 of section 11 of The Secondary Schools and
c. 362 s. 11
siibs. 3, '^ ■ Boards of Education Act is repealed and the following sub-
stituted therefor:
re-enacted
dffict'"^ (^) Subject to the approval of the Minister, the council
of a city or separated town in a county may by by-
law provide that the whole or part of a municipality
or municipalities adjoining the city or separated
town, or adjoining the high school district of which
the city or separated town forms a part, be added
to the high school district of the city or separated
town or to the high school district of which it forms
a part, as the case may be.
^•oa9- ^^?9' 4r. Subsection 2 of section 16 of The Secondary Schools and
c. 362, 3. 16, . -^
subs. 2, Boards of Education Act is repealed and the following sub-
ra-enacted • i ■ r
stituted therefor:
^**®'^ (2) No by-law passed under subsection 3 of section 11
adding the whole or part of one or more munici-
palities adjoining a city or separated town, or
adjoining the high school district of which the city
or separated town forms a part, to the high school
district of the city or separated town, or to the
high school district of which the city or separated
town forms a part, is effectual unless the council of the
county or the councils of the counties, in which the
municipality or municipalities comprising the high
school district and the municipality or municipalities
to be added to the high school district are situated,
pass a by-law or by-laws under subsection 1 of
section 12 or subsection 1 of section 13.
^'362,' 8.^21* ^* Section 21 of The Secondary Schools and Boards of
re-enacted ' Education Act, as amended by section 2 of The Secondary
Schools and Boards of Education Amendment Act, 1961-62, is
repealed and the following substituted therefor:
quau*flcation ^^- — (^) Subject to subsection 2, a person is qualified to
be appointed as a trustee of a high school board,
94
Section 3. The amendment provides that a high school district
t that includes a city or separated town may be enlarged by adding part or
I all of municipalities that are adjoining the high school district of which
y the city or separated town forms a part.
i
Section 4. The subsection is revised to complement the amendment
to subsection 3 of section 11 of the Act. See section 3 of this Bill.
Section 5. The qualifications of a high school trustee are revised
and brought in line with the qualifications of a public school trustee as
revised at the 1961-62 session.
94
(a) who is a Canadian citizen;
(b) who is of the full age of twenty-one years;
(c) who is a resident in the high school district or
within five miles of the boundaries thereof;
and
(d) who is a ratepayer of the high school district.
(2) A person is not qualified to be appointed as a trustee qualification
of a high school board,
(a) who is a member of any other elementary or
secondary school board or of the council or
local board of a municipality or county all or
part of which is included in the high school
district, unless before his appointment he has
filed his resignation with the secretary of the
other board or with the clerk of the munici-
pality or county, as the case may be;
(b) who is the clerk or treasurer of a municipality
or county all or part of which is included in
the high school district;
(c) who is otherwise disqualified under this or
any other Act; or
(d) if any portion of the taxes levied for school
purposes for the preceding year or years on
the property in respect of which the person
qualifies is overdue and unpaid at the time of
appointment, provided that this clause does
not apply where the person is a tenant of the
property and the taxes in respect thereof are,
under the terms of the tenancy, payable by
the owner of the property, and the rental
therefor is not overdue and unpaid at the
time of appointment.
(3) A person is qualified to act as a trustee during the§,"aJ,t^at*'°'^
term for which he was appointed so long as he**""^*®®
continues to have the qualifications mentioned in
subsection 1 or 5, as the case may be, and does not
become disqualified under clauses a to d oi sub-
section 2.
(4) The following persons shall be deemed ratepayers J^J^^^^
under clause d of subsection 1 : ratepayers
(a) a person whose name is entered on the last
revised assessment roll;
94
(b) the husband or wife of a person assessed as
actual owner or tenant of land in the high
school district for an amount sufficient to
entitle him or her to vote at municipal
elections ;
(c) the son or daughter of a person assessed as
the owner of a farm in the high school district
if he or she is resident on the farm with the
assessed owner; and
(d) the husband or wife of a person assessed in
territory without municipal organization as
the owner of a farm in the high school district
if he or she resides on the farm with the
assessed owner.
County
appointees
(5) Notwithstanding clauses c and d of subsection 1, in
the case of an appointment by a county council,
any ratepayer of a municipality in the county who
resides in the county and is otherwise qualified under
this section is qualified to be appointed as a trustee
by the county council.
Interpre-
tation
(6) For the purposes of this section, "farm" means not
less than twenty acres of land in the actual occupa-
tion of the owner thereof.
R.s.o. I960, 6. Section 26 of The Secondary Schools and Boards of
amended ' Education Act, as amended by section 3 of The Secondary
Schools and Boards of Education Amendment Act, 1960-61, is
further amended by adding thereto the following subsection:
Where tax
arrears
procedures
of R.S.O.
1960, c. 98,
in effect
(11) Where the tax arrears procedures under The Depart-
ment of Municipal Affairs Act are in effect in a high
school district, it is not necessary for the collector
to furnish to the sherifT any of the information or
statements required under this section in respect of
tax arrears, and the powers and duties of the sheriff
in respect of tax arrears and tax sales do not apply
in respect of the high school district, and all the
powers and duties of the sheriff in respect of arrears
of taxes are vested in the treasurer of the board.
^•fgg'g^gg' 7. Section d)2> of The Secondary Schools and Boards of
re-enacted ' Education Act is repealed and the following substituted
therefor:
Payment
to school
boards
SZ. — (1) Where a municipality or county has raised
money for the purposes of a high school board by
94
Section 6. The amendment is to clarify procedures where the tax
arrears procedures under The Department of Municipal Affairs Act are in
effect in a high school district.
Section 7. Section ii is re-enacted to provide that the expenses of
a municipality in issuing debentures on behalf of a board shall be charged
to the board.
94
Section 8. There are no union boards of education in operation.
The provision respecting union boards is therefore repealed.
Section 9. There are no union boards of education in operation.
The provision respecting union boards is therefore repealed.
Section 10. The new subsections authorize secondary school boards
to enter into agreements with the federal government to provide for the
education of Indian children in secondary schools.
94
the issue and sale of debentures, or by the hypotheca-
tion of debentures or temporary financing pending
the sale of debentures, it shall pay over such money
to the board from time to time as the board may
require.
(2) Where debentures are issued by a municipality or^xp®"^?®^
^'- irr '^•'re issuing
county on behalf of a board, the expenses of pre- debentures
paring and publishing any by-laws or debentures,
and all other expenses incident thereto, shall be
charged to the board on whose behalf the debentures
were issued, and the amount of the expenses may be
deducted from the amount received from the sale of
the debentures or from any school rates collected by
the municipal council for the board.
8. Clause h of section 49 of The Secondary Schools andf's^.l^td',
Boards of Education Act is repealed. repealed
9. Section 62 of The Secondary Schools and Boards o/^fg^; ^^Ig]
Education Act is repealed. repealed
10. Section 66 of The Secondary Schools and Boards o/^fe^'s.^ie,'
Education Act is amended by adding thereto the following *"^®'^^®^
subsections:
(3) A secondary school board may enter into an agree- ^k^®®'"®"*^
ment with the Crown in right of Canada for a period modation
,. - ** . ^ . , for Indian
not exceedmg hve years at any one time to provide pupils
accommodation and tuition for the maximum
number of Indian pupils agreed upon at the gross
cost per pupil, calculated in the manner provided
in subsection 4 or 5 of section 69, as the case requires,
except that,
(a) legislative grants shall not be deducted as
provided in clause c of the said subsection 4;
and
(b) the portion of the cost of a new school or an
addition to a school built under a technical
and vocational training agreement entered
into by Canada and the Province of Ontario
that was assumed and paid by the Province
shall not be included as an expenditure under
clause a of the said subsection 4.
(4) A secondar^'^ school board may enter into an agree- ^'*®'"
ment with the Crown in right of Canada for a period
not exceeding twenty years at any one time to
94
provide for a payment from the Crown in right of
Canada to provide additional classroom accommoda-
tion and to provide tuition for a maximum of thirty-
five Indian pupils for each additional classroom so
provided, and in such case the tuition fee shall be
calculated as in subsection 3, except that capital
expenditures shall not be included as an expenditure
under clause a of subsection 4 of section 69.
^162,' 8.^68 ! 11* Clauses b and c of subsection 3 of section 68 of The
cis^^fr ^c Secondary Schools and Boards of Education Act are repealed
re-enacted and the following substituted therefor:
(b) to take, under the continuing programmes of study,
a course of study leading to a type of secondary
school graduation diploma that is not available in
the county of which he is a county pupil or in the
secondary school district in which he is resident;
(c) to take, under the re-organized programmes of study,
either the four-year or two-year programme of the
business and commerce branch or of the science,
technology and trades branch, or the diversified
occupational programme if the programme is not
available in the county of which he is a county pupil
or in the secondary school district in which he is
resident;
(ca) to take, under the re-organized programmes of study,
a course of study in either the four-year programme
of the business and commerce branch or the four-
year programme of the science, technology and
trades branch, leading to a type of secondary school
graduation diploma that is not available in the
county of which he is a county pupil or in the
secondary school district in which he is resident;
(cb) to take, under the continuing, programmes of study
or the re-organized programmes of study, a special
one-year course in business, commercial work, tech-
nical subjects, home economics or vocational art,
leading to a secondary school graduation diploma
in the special field if the course is not available in the
county of which he is a county pupil or in the
secondary school district in which he is resident.
c^^'le?," 8.^69; 12* Section 69 of The Secondary Schools and Boards of
amended Education Act is amended by adding thereto the following
subsection :
94
Section 11. The purpose of this amendment is to bring the pro-
visions with respect to county and resident pupils into line with the re-
organized programmes of study for secondary schools.
Section 12. The new subsection 9 provides that the portion of the
cost of schools built under a technical and vocational training agreement
that is assumed by Canada and Ontario shall not be incUided in the
calculation of fees for county pupils.
94
(9) The portion of the cost of a new school or an addition ^^^^^^
to a school built under a technical and vocational under
training agreement entered into by Canada and the provincial
I Province of Ontario that was assumed by Canada
and the Province shall not be included as an ex-
penditure or as a revenue under clauses a and b of
subsection 4.
I 13. — (1) This Act, except sections 2, 5, 11 and 12, comes ^o^^.'ne^ce-
I into force on the day it receives Royal Assent.
I (2) Section 2 shall be deemed to have come into force on ^^^"^
I the 1st day of January, 1962.
^, (3) Sections 11 and 12 shall be deemed to have come into ^'^^"^
I force on the 1st day of January, 1963.
(4) Section 5 comes into force on the 1st day of January, ^^®"^
1964.
14. This Act may be cited as The Secondary Schools and ^°^^ *^*^®
Boards of Education Amendment Act, 1962-63.
94
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BILL 94
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend
The Secondary Schools and Boards of Education Act
Mr. Davis
TORONTO
Printicd and Published by Frank Fogg, Quekn's Printer
13/ no?
BILL 94
1962-63
An Act to amend The Secondary Schools
and Boards of Education Act
HER AiAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsections 1 and 3 of section 2 of The Secondary RS.o. i960,
c, 362 s, 2
Schools and Boards of Education Act are repealed and thesiibss.'i.'s,'
following substituted therefor:
(1) A continuation school that was established under Continuation
subsection 1 of section 2 of this Act as it existed established
before this subsection came into force and that was board
being operated immediately before this subsection ^°"*^'^"®
came into force is continued until dissolved in
accordance with this Part.
(3) A continuation school that was established by an ^ontjnuation
agreement entered into under subsection 3 of sec- established
tion 2 of this Act as it existed before this subsection more boards
came into force and that was being operated im-
mediately before this subsection came into force is
continued until dissolved in accordance with this
Part.
2. Section 5 of The Secondary Schools and Boards of Educa- ^f^- l^f^'
tion Act is amended by adding thereto the following sub- amended
section :
(7) Where a continuation school board has jurisdiction j^^^j^trlc"
in a portion but not all of a township school area
and in a portion but not all of an area under the
jurisdiction of a combined separate school board,
and the agreement that was entered into by the
former elementary school boards is not renewed in
any year by the trustees elected or appointed by
either the public school ratepayers or the separate
94
school supporters or either group of trustees gives
notice in writing to the secretary of the continuation
school board before the 1st day of July in any year
that it wishes to cancel the agreement, the portion
of the continuation school district that it represents
shall be detached as of the 31st day of December
of that year, and the assets and liabilities shall be
disposed of under subsection 2 of section 6, and the
remaining portion of the district shall continue until
altered or dissolved under this Part.
^•fg'^- l^f^' 3. Subsection 3 of section 1 1 of The Secondary Schools and
subs. 3. Boards of Education Act is repealed and the following sub-
stituted therefor:
d^sTrlct^"^ (3) Subject to the approval of the Minister, the council
of a city or separated town in a county may by by-
law provide that the whole or part of a municipality
or municipalities adjoining the city or separated
town, or adjoining the high school district of which
the city or separated town forms a part, be added
to the high school district of the city or separated
town or to the high school district of which it forms
a part, as the case may be.
^•fi9- ^^?5' 4:. Subsection 2 of section 16 of The Secondary Schools and
c. 362, B. 16, „jrT-.T • t ' en
subs. 2. Boards of Education Act is repealed and the followmg sub-
r©~©n,ftct©ci , • . . 1 , * f
stituted therefor:
^^^"^ (2) No by-law passed under subsection 3 of section 11
adding the whole or part of one or more munici-
palities adjoining a city or separated town, or
adjoining the high school district of which the city
or separated town forms a part, to the high school
district of the city or separated town, or to the
high school district of which the city or separated
town forms a part, is effectual unless the council of the
county or the councils of the counties, in which the
municipality or municipalities comprising the high
school district and the municipality or municipalities
to be added to the high school district are situated,
pass a by-law or by-laws under subsection 1 of
section 12 or subsection 1 of section 13.
^Igg-gfli' ^* Section 21 of The Secondary Schools and Boards of
re-enacted ' Education Act, as amended by section 2 of The Secondary
Schools and Boards of Education Amendment Act, J 96 1-62, is
repealed and the following substituted therefor:
quafmcation ^^' — (^) Subject to subsection 2, a person is qualified to
be appointed as a trustee of a high school board,
94
(a) who is a Canadian citizen;
(6) who is of the full age of twenty-one years;
(c) who is a resident in the high school district or
within five miles of the boundaries thereof;
and
(d) who is a ratepayer of the high school district.
(2) A person is not qualified to be appointed as a trustee qualification
of a high school board,
(a) who is a member of any other elementary or
secondary school board or of the council or
local board of a municipality or county all or
part of which is included in the high school
district, unless before his appointment he has
filed his resignation with the secretary of the
other board or with the clerk of the munici-
pality or county, as the case may be;
(b) who is the clerk or treasurer of a municipality
or county all or part of which is included in
the high school district;
(c) who is otherwise disqualified under this or
any other Act ; or
(d) if any portion of the taxes levied for school
purposes for the preceding year or years on
the property in respect of which the person
qualifies is overdue and unpaid at the time of
appointment, provided that this clause does
not apply where the person is a tenant of the
property and the taxes in respect thereof are,
under the terms of the tenancy, payable by
the owner of the property, and the rental
therefor is not overdue and unpaid at the
time of appointment.
(3) A person is qualified to act as a trustee during the t^'^acft "°"
term for which he was appointed so long as he*'""^*®®
continues to have the ciualifications mentioned in
subsection 1 or 5, as the case may be, and does not
become disqualified under clauses a to d oi sub-
section 2.
(4) The following persons shall be deemed ratepayers ^^^^^j"
under clause d of subsection 1 : ratepayers
(a) a person whose name is entered on the last
revised assessment roll;
94
(b) the husband or wife of a person assessed as
actual owner or tenant of land in the high
school district for an amount sufficient to
entitle him or her to vote at municipal
elections;
(c) the son or daughter of a person assessed as
the owner of a farm in the high school district
if he or she is resident on the farm with the
assessed owner; and
(d) the husband or wife of a person assessed in
territory without municipal organization as
the owner of a farm in the high school district
if he or she resides on the farm with the
assessed owner.
County-
appointees
(5) Notwithstanding clauses c and d of subsection 1, in
the case of an appointment by a county council,
any ratepayer of a municipality in the county who
resides in the county and is otherwise qualified under
this section is qualified to be appointed as a trustee
by the county council.
Interpre-
tation
(6) For the purposes of this section, "farm" means not
less than twent}' acres of land in the actual occupa-
tion of the owner thereof.
R.s.o. I960, 6. Section 26 of The Secondary Schools and Boards of
amended ' Education Act, as amended b>' section 3 of The Secondary
Schools and Boards of Education Amendment Act, 1960-61, is
further amended by adding thereto the following subsection:
Where tax
arrears
procedures
of R.S.O.
1960, c. 98,
in effect
(11) Where the tax arrears procedures under The Depart-
ment of Municipal Affairs Act are in effect in a high
school district, it is not necessary for the collector
to furnish to the sheriff any of the information or
statements required under this section in respect of
tax arrears, and the powers and duties of the sheriff
in respect of tax arrears and tax sales do not apply
in respect of the high school district, and all the
powers and duties of the sheriff in respect of arrears
of taxes are vested in the treasurer of the board.
c!"l62,' 8.^33' '^' Section Zi of The Secondary Schools and Boards of
re-enacted Education Act is repealed and the following substituted
therefor :
Payment
to school
boards
Si. — (1) Where a municipality or county has raised
money for the purposes of a high school board by
94
the issue and sale of debentures, or by the hypotheca-
tion of debentures or temporary financing pending
the sale of debentures, it shall pay over such money
to the board from time to time as the board may
require.
(2) Where debentures are issued by a municipality or Expenses
iiirri i"i r' reissuing
county on behali oi a board, the expenses ot pre- debentures
paring and publishing any by-laws or debentures,
and all other expenses incident thereto, shall be
charged to the board on whose behalf the debentures
were issued, and the amount of the expenses may be
deducted from the amount received from the sale of
the debentures or from any school rates collected by
the municipal council for the board.
8. Clause b of section 49 of The Secondary Schools andf''3^'l^^Q\
Boards of Education Act is repealed. repealed
9. Section 62 of The Secondary Schools and Boards of^f^-l^^^-
Education Act is repealed. repealed
10. Section 66 of The Secondary Schools and Boards o/^f6*2's.^66,'
Education Act is amended by adding thereto the following ^'"®""^®**
subsections:
(3) A secondary school board may enter into an agree- ^k""®®"^®^*'
^ ' . •' . . -^ ° . re accom-
ment with the Crown in right of Canada for a period modation
,. ,, ° . '^ . , for Indian
not exceedmg nve years at any one time to provide pupils
accommodation and tuition for the maximum
number of Indian pupils agreed upon at the gross
cost per pupil, calculated in the manner provided
in subsection 4 or 5 of section 69, as the case requires,
except that,
(a) legislative grants shall not be deducted as
provided in clause c of the said subsection 4;
and
(b) the portion of the cost of a new school or an
addition to a school built under a technical
and vocational training agreement entered
into by Canada and the Province of Ontario
that was assumed and paid by the Province
shall not be included as an expenditure under
clause a of the said subsection 4.
(4) A secondary school board may enter into an agree- ^'^®™
ment with the Crown in right of Canada for a period
not exceeding twenty years at any one time to
94
provide for a payment from the Crown in right of
Canada to provide additional classroom accommoda-
tion and to provide tuition for a maximum of thirty-
five Indian pupils for each additional classroom so
provided, and in such case the tuition fee shall be
calculated as in subsection 3, except that capital
expenditures shall not be included as an expenditure
under clause a of subsection 4 of section 69.
^36?.' s.^es! ^1* Clauses b and c of subsection 3 of section 68 of The
oi9^*6 ^c Secondary Schools and Boards of Education Act are repealed
re-enacted and the following substituted therefor:
{b) to take, under the continuing programmes of study,
a course of study leading to a type of secondary
school graduation diploma that is not available in
the county of which he is a county pupil or in the
secondary school district in which he is resident;
(c) to take, under the re-organized programmes of study,
either the four-year or two-year programme of the
business and commerce branch or of the science,
technology and trades branch, or the diversified
occupational programme if the programme is not
available in the county of which he is a county pupil
or in the secondary school district in which he is
resident;
{ca) to take, under the re-organized programmes of study,
a course of study in either the four-year programme
of the business and commerce branch or the four-
year programme of the science, technology and
trades branch, leading to a type of secondary school
graduation diploma that is not available in the
county of which he is a county pupil or in the
secondary school district in which he is resident;
{cb) to take, under the continuing programmes of study
or the re-organized programmes of study, a special
one-year course in business, commercial work, tech-
nical subjects, home economics or vocational art,
leading to a secondary school graduation diploma
in the special field if the course is not available in the
county of which he is a county pupil or in the
secondary school district in which he is resident.
o*l62' 8.^69| 125. Section 69 of The Secondary Schools and Boards of
amended Education Act is amended by adding thereto the following
subsection :
94
(9) The portion of tlie cost of a new school or an addition ^^fooj*/
to a school built under a technical and vocational under
• • 1 • 1 /^^ 1 1 1 federal-
traninig agreement entered nito by Canada and the provincial
Province of Ontario that was assumed by Canada ^^'^^*"^^" ^
and the Province shall not be included as an ex-
penditure or as a revenue under clauses a and b of
subsection 4.
13.— (1) This Act, except sections 2, 5, 11 and 12, comes ^^^j.""®"*^®"
into force on the day it receives Royal Assent.
(2) Section 2 shall be deemed to have come into force on ^*^®'^
the 1st day of January, 1962.
(3) Sections 11 and 12 shall be deemed to have come into^"^®"^
force on the 1st daj' of January, 1963.
(4) Section 5 comes into force on the 1st dav of January, ^^^"^
1964.
14. This Act may be cited as JV/e Secondary Schools and
Boards of Education Amendment Act, 1962-63.
Short title
94
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BILL 95
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Department of Education Act
Mr. Davis
TORONTO
Explanatory Note
Section 1. The Vocational Training Co-ordination Act (Canada)
has been repealed and replaced by the Technical and Vocational Training
Assistance Act (Canada). The provision referring to the original Act is,
therefore, amended.
95
BILL 95
1962-63
An Act to amend
The Department of Education Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 1 of section 13 of The Department of Education ^14^8^13^'
Act is amended by striking out "vocational training as con- subs.' i,
templated in the Vocational Training Co-ordination Act
(Canada)" in the fourth and fifth lines and inserting in lieu
thereof "technical and vocational training", so that the sub-
section shall read as follows:
(1) The Crown in right of Ontario, represented by the an^*^"^'^^'
Minister, may make agreements with the Crown i" ^raS^ifg^^^
right of Canada, represented by the Minister of agreements
Labour of Canada, respecting technical and voca-
tional training.
2. This Act comes into force on the day it receives Royal ment"^'^''^'
Assent.
3. This Act may be cited as The Department of Education short title
Amendment Act, 1962-63.
95
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BILL 95
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Department of Education Act
Mr. Davis
{Reprinted as amended by the Committee on Education)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
If^ J
Vj/ [imi^iiUh^i Mil i
Explanatory Notes
Section I. The provision for scholarships for study outside Ontario
is repealed and will be included in the regulations for scholarships under
paragraph 36 of section 12 of the Act.
Section 2. Subsection 1 is re-enacted to require the approval of
the Lieutenant Governor in Council before the Minister enters into
agreements with the Federal Government respecting technical and voca-
tional training. The Minister is also authorized to enter into agreements
respecting physical fitness.
n'sSm'.l^
i_^ T y r> H 0
BILL 95
1962-63
An Act to amend
The Department of Education Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 7 of The Department of Education Act is repealed, ^s.o. i960,
repealed
2. Subsection 1 of section 13 of The Department of Education r.s.o. i960.
Act is repealed and the following substituted therefor: subs.'i,' "^ "
re-enacted
(1) The Crown in right of Ontario, represented by the Technical
Minister, with the approval of the Lieutenant vocational
Governor in Council, may make agreements with tte^®™®" ^'
the Crown in right of Canada represented by the
Minister of Labour of Canada respecting technical
and vocational training and represented by the
Minister of National Health and Welfare of Canada
respecting physical fitness.
3. — (1) This Act, except section 1, comes into force on the Commence-
day it receives Royal Assent.
(2) Section 1 comes into force on the 1st day of January, ^^^"^
1964. "^
4. This Act may be cited as The Department of Education short title
Amendment Act, 1962-63.
95
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BILL 95
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Department of Education Act
Mr. Davis
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 95 1962-63
An Act to amend
The Department of Education Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 7 of The Department of Education Act is repealed. RS.o. i960,
repealed
2. Subsection 1 of section 13 of The Department of Education r.s.o. i960,
Act is repealed and the following substituted therefor: subs.'i" ^^'
re-enacted
(1) The Crown in right of Ontario, represented by the Technical
Minister, with the approval of the Lieutenant vorationai
Governor in Council, may make agreements with Ify®®™®*^*^'
the Crown in right of Canada represented by the
Minister of Labour of Canada respecting technical
and vocational training and represented by the
Minister of National Health and Welfare of Canada
respecting physical fitness.
3. — (1) This Act, except section 1, comes into force on the^ommence-
day it receives Royal Assent.
(2) Section 1 comes into force on the 1st day of January, ^^^"^
1964.
4. This Act may be cited as The Department of Education Short title
Amendment Act, 1962-63.
95
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BILL 96
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Schools Administration Act
Mr. Davis
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1. The Ontario Curriculum Institute is an independent
body that has been formed to study curriculum problems. The new
section authorizes school boards to make grants to the Institute.
Section 2. The new section authorizes school boards to borrow
funds from time to time pending the receipt of current revenues.
96
BILL 96 1962-63
An Act to amend
The Schools Administration Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Schools Administration Act is amended by adding ^'fg?; ■^^®°'
thereto the following section: amended
35a. A board may make grants to the Ontario Curriculum ontarfo**'
Institute. Curriculum
Institute
2. The Schools Administration Act is amended by adding ^l-O- 1960,
thereto the following Part: amended
PART X
FINANCE
100. — (1) Notwithstanding the provisions of any general Current
.,. ,, ,. .,. borrowmgs
or special Act, a board may authorize the chairman
and secretary-treasurer to borrow from time to time
from a chartered bank by way of a promissory note
such sums as the board may deem necessary to meet
the current expenditures of the board until the
current revenue has been received.
(2) A board that has jurisdiction only in territory with- For debt
out municipal organization and a separate school
board may also borrow, in the manner provided in
subsection 1, such sums as the board may deem
necessary to meet debt charges payable in any year
until the current revenue has been received.
(3) The amounts that may be borrowed at any one time Limitation
for the purposes mentioned in subsections 1 and 2,
together with the total of any similar borrowings
96
that have not been repaid, shall not exceed the un-
received or uncollected balance of the estimated
current revenues of the board, as set forth in the
estimates adopted for the year.
When
limitation
calculated
on estimated
revenue
(4) Until such estimates are adopted, the limitations
upon borrowing prescribed in this section shall
temporarily be calculated upon the estimated
revenues of the corporation as set forth in the
estimates adopted for the next preceding year.
ment""^'^*^^ 3. This Act comes into force on the day it receives Royal
Assent.
Short title 4. This Act may be cited as The Schools Administration
Amendment Act, 1962-63 {No. 2).
96
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BILL 96
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Schools Administration Act
Mr. Davis
(Reprinted as amended by the Committee on Education)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
HA'f^O jiii
Explanatory Notes
Section 1. The Ontario Curriculum Institute is an independent
body that has been formed to study curriculum problems. The new
section authorizes school boards to make grants to the Institute.
Section 2. The new section authorizes school boards to borrow
funds from time to time pending the receipt of current revenues.
96
BILL 96 1962-63
An Act to amend
The Schools Administration Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :
1. The Schools Administration Act is amended by adding ^fe*!; ^^^°'
thereto the following section: amended
35fl. A board may make grants to the Ontario Curriculum ontarfo*°
Institute. P^I^i^^.L"""
Institute
2. The Schools Administration Act is amended by adding R-|-0- i^^o,
thereto the following Part: amended
PART X
' ' FINANCE
100. — (1) Notwithstanding the provisions of any general bo/r'cmLgs
or special Act, a board may by resolution authorize
the chairman and secretary-treasurer to borrow from
time to time from a chartered bank by way of a
promissory note such sums as the board may deem
necessary to meet the current expenditures of the
board until the current revenue has been received.
(2) A board that has jurisdiction only in territory with- For debt
..... , ,, charges
out municipal organization and a separate school
board may also borrow, in the manner provided in
subsection 1, such sums as the board may deem
necessary to meet debt charges payable in any year
until the current revenue has been received.
(3) The amounts that may be borrowed at any one time Limitation
for the purposes mentioned in subsections 1 and 2,
together with the total of any similar borrowings
96
that have not been repaid, shall not exceed the un-
received or uncollected balance of the estimated
current revenues of the board, as set forth in the
estimates adopted for the year.
When
limitation
calculated
on estimated
revenue
(4) Until such estimates are adopted, the limitations
upon borrowing prescribed in this section shall
temporarily be calculated upon the estimated
revenues of the board, as set forth in the estimates
adopted for the next preceding year, less the amount
of revenues of the current year already collected.
Copy of
resolution
authorizing
borrowing
Estimated
revenues
Commence-
ment
(5) At the time, in any year, that any amount is borrowed
under this section, the secretary-treasurer shall fur-
nish to the bank a copy of the resolution authorizing
the borrowing, unless he has previously done so, and
as frequently as required by the bank, a statement
showing the amount of the estimated revenues of
the current year not yet collected or, where the
estimates for the current year have not been adopted,
a statement showing the amount of the estimated
revenues of the board as set forth in the estimates
adopted for the next preceding year and the amount
of revenues of the current year already collected,
and also showing the total of any amounts borrowed
under this section in the current year that have not
been repaid.
(6) For the purposes of this section, estimated revenues
do not include revenues derivable or derived from
the sale of assets, borrowings or issues of debentures
or from a surplus including arrears of taxes and
proceeds from the sale of assets. '^PH
3. This Act comes into force on the day it receives Royal
Assent.
Short title
4. This Act may be cited as The Schools Administration
Amendment Act, 1962-63 {No. 2).
96
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BILL 96
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Schools Administration Act
Mr. Davis
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 96 1962-63
An Act to amend
The Schools Administration Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :
1. The Schools Administration Act is amended by adding ^'fe^; ■^^®°'
thereto the following section: amended
35a. A board may make grants to the Ontario Curriculum ontarfo*"
Institute. curriculum
Institute
2. The Schools Administration Act is amended by adding R-|-0- 1960'
thereto the following Part: amended
PART X
FINANCE
100. — (1) Notwithstanding the provisions of any general ^^^®°fjjgg
or special Act, a board may by resolution authorize
the chairman and secretary-treasurer to borrow from
time to time from a chartered bank by way of a
promissory note such sums as the board may deem
necessary to meet the current expenditures of the
board until the current revenue has been received.
(2) A board that has jurisdiction only in territory with- For debt
out municipal organization and a separate school
board may also borrow, in the manner provided in
subsection 1, such sums as the board may deem
necessary to meet debt charges payable in any year
until the current revenue has been received.
(3) The amounts that may be borrowed at any one time Limitation
for the purposes mentioned in subsections 1 and 2,
together with the total of any similar borrowings
96
that have not been repaid, shall not exceed the un-
received or uncollected balance of the estimated
current revenues of the board, as set forth in the
estimates adopted for the year.
When
limitation
calculated
on estimated
revenue
(4) Until such estimates are adopted, the limitations
upon borrowing prescribed in this section shall
temporarily be calculated upon the estimated
revenues of the board, as set forth in the estimates
adopted for the next preceding year, less the amount
of revenues of the current year already collected.
Copy of
resolution
authorizing
borrowing
(5) At the time, in any year, that any amount is borrowed
under this section, the secretary-treasurer shall fur-
nish to the bank a copy of the resolution authorizing
the borrowing, unless he has previously done so, and
as frequently as required by the bank, a statement
showing the amount of the estimated revenues of
the current year not yet collected or, where the
estimates for the current year have not been adopted,
a statement showing the amount of the estimated
revenues of the board as set forth in the estimates
adopted for the next preceding year and the amount
of revenues of the current year already collected,
and also showing the total of any amounts borrowed
under this section in the current year that have not
been repaid.
Estimated
revenues
Commence-
ment
(6) For the purposes of this section, estimated revenues
do not include revenues derivable or derived from
the sale of assets, borrowings or issues of debentures
or from a surplus including arrears of taxes and
proceeds from the sale of assets.
3. This Act comes into force on the day it receives Royal
Assent.
Short title
4. This Act may be cited as The Schools Administration
Amendment Act, 1962-63 {No. 2).
96
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BILL 97
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Separate Schools Act
Mr. Davis
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1. The new definitions are complementary to the provisions
in section 8 providing for separate school zones.
97
BILL 97 1962-63
An Act to amend The Separate Schools Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 17 of The Separate Schools Act is amended by ^IgO- i^eo,
relettering clause a as clause aa and by adding thereto the amended
following clauses:
(a) "combined separate school zone" means a union of
two or more separate school zones;
{ba) "parcel of land" means a parcel of land that by
The Assessment Act is required to be separately ^Ig^- ^^®^'
assessed ;
{da) "rural separate school zone" means a separate school
zone established under section 18 in a rural school
section or under section 21 in territory without
municipal organization;
(Ja) "separate school zone" means the area in which
property may be assessed to support a separate
school or schools under the jurisdiction of one
separate school board;
(h) "urban separate school zone" means a separate
school division established under section 18 in an
urban municipality.
97
cafes' ^^^^' ^* ^^ Separate Schools Act is amended by adding thereto
amended the following section:
Right to
vote re
establish-
ment of
separate
school
¥M-
lib. — (1) A Roman Catholic who is a householder or free-
holder and of the full age of twenty-one years and
who desires to establish a separate school is entitled,
in the year in which the separate school is established,
to vote on any matter relating to such separate
school if.
TjI.
(a) in the case of a township, he resides in the
school section in which the separate school is
being established; or
(6) in the case of an urban municipality, he
resides in the municipality; or
(c) in the case of a separate school for a ward in
an urban municipality, he resides in the ward;
or
{d) in the case of territory without municipal
organization, he resides in territory without
municipal organization and within three miles
of the centre designated by the ten or more
heads of families who call a meeting under
subsection 1 of section 21.
Persons
qualified
to call
meeting
under s. 21
(2) The persons who are entitled to vote under clause d
of subsection 1 are the persons qualified to call a
meeting under subsection 1 of section 21.
S'fe?; 8.^22: 3»— (1) Subsection 2 of section 22 of The Separate Schools
re-enacted "^^^ ^® repealed and the following substituted therefor:
Right of
person to
attend
separate
school
(2) Every person who has attained the age of five years
on or before the 31st day of December in any year
and whose parent or guardian resides in a separate
school zone and is a separate school supporter has
the right to attend, after the 1st day of September in
the following year, a separate school in that zone
at the expense of the separate school board, except a
person who, by reason of mental or physical defect,
is unable to profit by instruction in the separate
school or a person who has attained the age f of
twenty-CHie years.-
^"fes.'lS (2) Subsection 11 of the said section 22 is amended by
ameAded Striking out "that is closest to and within three miles of the
residence" in the ninth and tenth lines and inserting in lieu
97
Section 2. The new section sets out the qualifications of persons
who are entitled to vote in the year in which a separate school is established
on any matter relating to such separate school.
Section 3 — Subsections 1 and 2.
tary to section 8 of this Bill.
The amendments are complemen-
97
Subsection 3. The provisions with respect to non-resident pupils
are added to correspond with similar provisions in The Public Schools Act.
97
thereof "zone in which he and his parent or guardian reside",
so that the subsection shall read as follows:
(11) Subject to subsection 2, where a child whose parent Admission
or guardian is a separate school supporter moves separate
with his parent or guardian into a residence that is supporter
assessed for public school purposes, and the date upon ?^sidence*°
which the assessment for the current year may belu^biTc^'^ *°
changed to the support of separate schools has passed, Support
upon the filing of a notice of change for the following
year with the clerk of the municipality, the child
shall be admitted to a separate school by the board
of the separate school zone in which he and his
parent or guardian reside without the payment of
a fee.
(3) The said section 22 is amended by adding thereto the^|g°-^^|^'
following subsections: amended
(13) Where a separate school pupil resides with his^p^rate
parent or guardian in one zone and his residence is|°pporter
nearer by road to a separate school in another zone, resides in
•/- 1 1 1 • f 1 • 1 • , one zone
as certined by the mspector tor the zone m which but is
the pupil resides, the board of the other zone may road to a
admit the pupil for the current year if the inspector IchooUn
for that school certifies that there is sufficient accom- zone*^^"^
modation for him, and, unless the board of the zone
in which he resides furnishes transportation for him
to a school in his zone, the board of the zone in
which he resides shall pay to the other board the
tuition fees charged on his behalf at a rate not in
excess of the gross cost per pupil per day in the pre-
ceding year.
(14) Where a parent or guardian wishes to enrol his^^®^|^|
child in a separate school in a zone other than the school
I • I 1 f 1 1 1 M , supporter
one m which the parent or guardian and the child resides in
reside, and the parent or guardian is assessed for but owns
separate school purposes in that zone, a^'other
zone
(a) as an owner; or
ib) for business assessment; or
(c) as an owner and for business assessment,
for an amount at least equal to the total assessment
for separate school purposes in that zone divided by
the average daily attendance of resident pupils in
the preceding year, the child shall be admitted to a
97
Residents
of non-
assessable
property
separate school by the board of that zone without
the pavment of a fee.
(15) Where a child, whose parent or guardian is a Roman
Catholic, resides with his parent or guardian on
land that is exempt from taxation for school purposes,
he shall be admitted to a separate school that is
accessible to him and in which the inspector has
certified that there is sufficient accommodation for
the current school year, and fees shall be paid in
accordance with the regulations respecting the educa-
tion of such pupils.
^•oi9- ^^^9' 4:. Section 26 of The Separate Schools Act is amended by
amended addmg thereto the following subsection:
Idem
(2) A person who is a Roman Catholic and is the wife
of a supporter of a rural separate school who is
entitled to vote under subsection 1 is entitled to
vote at the election of trustees of such school and on
any question submitted to a meeting of the sup-
porters, except a question involving the selection of
a school site or an expenditure for a permanent
improvement.
a'les's^lE' ^' — ^^^ Subsection 1 of section 32 of The Separate Schools
subs, i ' ' ^c^ as re-enacted by subsection 1 of section 4 of The Separate
c. 132, s.'4, Schools Amendment Act, 1961-62, is amended by inserting
amended after "schools" in the eighth line "who vote on the question",
so that the subsection shall read as follows:
Formation
of combined
separate
school
(1) A separate school board or five supporters of a
separate school may, before the 1st day of July in
any year, hold a meeting of the separate school
supporters to consider the question of uniting the
school with one or more other separate schools to
form a combined separate school, and, where the
majority of the supporters of each of two or more
separate schools who vote on the question vote in
favour of union, the trustees of the board of each
separate school to be united shall give notice, before
the 1st day of August, to the Minister and the
clerks of the municipalities in which the separate
schools are situated, and the combined separate
school thus formed shall be deemed one school for
all Roman Catholic separate school purposes on the
1st day of January of the following year, except that,
for the purposes of the election of trustees, it shall
be deemed to be one school on the day of nomination
for trustees of the combined separate school.
97
Section 4. The present section 26 permits a supporter of a rural
separate school who is a householder or freeholder to vote on any question
at a meeting of the supporters. The new subsection 2 gives wives of
supporters the right to vote on questions other than for permanent im-
provements in a manner similar to the provision for urban separate schools.
Section 5 — Subsection 1. At present, a majority of those eligible to
vote is required to form a combined separate school. The amendment
will require only a majority of those who vote on the question.
97
Subsections 2 and 3. The new subsection 6 provides for more than
five trustees when a combined separate school zone includes a former
urban separate school zone.
The new subsection 7 is self-explanatory.
Section 6. The amendment is complementary to section 8 of this
Bill and is to clarify who has a right to vote when a separate school is
being detached from a combined separate school zone.
Section 7. The provisions of subsections 1 and 3 of section 47 and
section 52 are revised for the purpose of clarification and to complement
the new provisions in section 8 of this Bill providing for separate school
zones.
97
(2) Subsection la of the said section 32, as enacted by sub- ^fg^- ^^|°'
section 1 of section 4 of The Separate Schools Amendment -4<^^) /Vq|; ^62
1961-62, is amended by inserting after "and" in the fifth linec. 132, s.'4,
"subject to subsection 6", so that the subsection shall read as amended
follows :
(la) Where a combined separate school is formed or'^'""^*^®^
where another separate school is added to or de-
tached from a combined separate school, the trustees
in office shall retire on the day of nomination for
trustees of the combined separate school, and,
subject to subsection 6, five trustees shall be elected
by the supporters of the newly-created or altered
combined separate school as provided in section 27.
(3) The said section 32 is amended by adding thereto the^feg' s.^32'
following subsections: amended
(6) Where a combined separate school zone includes a ^'i^b^fnld '^
former urban separate school zone, the board shall g^^Q^i^*^
be composed of the same number of trustees as the j°9j"'^*'^s
" urban zone
urban separate school board would have had under
section 35, and sections 35 and 366 apply mutatis
mutandis to the trustees who shall be elected by
general vote under section 27.
(7) A board of a combined separate school zone may, f^^'^^ ^^^^^
without the approval of the supporters, acquire a combined
school site in any school section in which a separate
school was formed and which became part of the
combined separate school zone.
6.. Subsection 2 of section 32a of The Separate Schools -4c/, ^-^a?" PoS*
as enacted by section 5 of The Separate Schools Amendment (^^^^-^2,
Act, 1961-62, is repealed and the following substituted therefor: subs. 2,
re-enacted
(2) The persons entitled to vote on the question are the ^^^qI^^^q^
supporters of the combined separate school who detaching a
'. , , , . ', . ^ , separate
reside closer to the centre in the portion 01 the school from
combined separate school zone that it is proposed separate
to detach than to any other centre. ^° °°
7. Subsections 1 and 3 of section 47 of The Separate Schools f'/soi's^^j]
Act are repealed and the following substituted therefor: re-en^act'ed'
(1) Every person paying rates in a separate school zone^f^®"^^*^'"*^
on property that he occupies as owner or tenant or ^jj^J^jPO'^*®^!^.^
on unoccupied property that he owns, who by him- school rates
self or his agent, on or before the 30th day of
September in any year, gives to the clerk of the
97
municipality notice in writing that he is a Roman
Catholic and that he wishes to be a separate school
supporter, is exempt from the payment of all rates
imposed on such property in the separate school
zone for the support of public schools or for the
purchase of land or the erection of buildings for public
school purposes for the following year and every
subsequent year while he continues to be a separate
school supporter with respect to such property.
Who may be
supporters
of separate
school
(3) Any person who is a Roman Catholic and resident
on a parcel of land that is within a separate school
zone may be a separate school supporter in that zone.
Rights of
non-residents
to be
assessed for
separate
school
R.S.O. 1960,
c. 23
(3a) Any person who, if resident in a separate school zone,
would be entitled to be a supporter of a separate
school, on giving the notice provided in The Assess-
ment Act that he is the owner of unoccupied land
situate therein, may direct that all such land in the
separate school zone shall be assessed for the purposes
of the separate school.
Sle?: ^^^^' ^* Sections 48 and 49 of The Separate Schools Act are
ss. 48,' 49 repealed and the following substituted therefor:
re-enacted °
Boundaries
of zones
48. — (1) The boundaries of separate school zones shall be
determined in relation to centres.
Centre of
zones
(2) Where a board operates a separate school, the centre
of the separate school zone is the most northern
corner astronomically of the site of the separate
school provided that, where the most northern
boundary of the site has a bearing of due west
astronomically, the corner of the site at the western
extremity of the most northern boundary is the
centre.
Centres
where two
or more
schools
(3) Where a board operates two or more separate schools,
there shall be a centre for each school.
Centre
where
board owns
land but
does not
operate
school
(4) Where a board does not operate a school but owns
one parcel of land, for the purpose of determining
the centre of the separate school zone, the board
shall be deemed to operate a school on such parcel
of land.
Centre
where board
does not
operate
school or
own site
(5) Where a board does not operate a separate school or
own a parcel of land, a parcel of land approved by
the supporters for the purpose of determining the
97
Section 8. Sections 48, 49 and 49a provide for separate school zones.
97
centre of the zone shall be deemed to be the site of
a separate school for such purpose, and the board
shall notify the Minister and the clerks of the muni-
cipalities concerned before the 30th day of September
of the year in which the parcel was so approved.
(6) The centres of a combined separate school zone are Centres of
•, , ... - ,. com Dined
the centres determmed m respect of each school site^zone
on which a school is operated and include the centre
of each former zone that became part of the com-
bined separate school zone and in which a separate
school is not operated.
(7) Subject to section 49, every parcel of land that is^^wneif
wholly or partly within a radius of three miles from separate
y ..... school zones
a centre of a separate school zone is withm the zone.
(8) Subject to section 49, where a separate school board ^parate
is established in an urban municipality, the urban ^*^^°°^ ^'^'^^
separate school zone includes the urban municipality
and any parcel of land that is outside the boundary
of the urban municipality but within a radius of
three miles from a centre in the urban municipality.
(9) Where a separate school board has heretofore been ^" wards
established for a ward in a municipality, the board
is continued until dissolved under this Act, and the
separate school zone under the jurisdiction of the
board includes any parcel of land within the ward.
(10) A separate school zone, except a combined separate fg^j^ciude
school zone, shall not include land in a municipality oj^^anized
as well as land in territory without municipal unorganized
■' ^ territory
organization.
(11) For each separate school zone that includes part orfchoof*^
all of a township or territory without municipal p"epa°re°'^ *°
organization, the separate school inspector designated descriptions
by the Minister shall, of zones
(a) prepare maps of each township in which part
or all of a separate school zone is located
showing the boundary of each separate school
zone therein or partly therein;
(6) describe each zone by indicating the name of
the board, the centres in the zone, and the
municipalities wholly or partly within the
zone;
97
(c) where the boundary of a zone is altered, pre-
pare a revised map and description;
(d) sign and date the original maps and descrip-
tion of each zone and retain them on file; and
(e) furnish,
Arbitrate
assets and
liabilities
Rates in
unorganized
territory
in combined
zone
(i) to each separate school board, a map
or description of its zone,
(ii) to the township clerk, a map showing
the zone boundaries within the town-
ship and a description of each zone,
and
(iii) to each public school inspector, a
description of each separate school zone
within his inspectorate.
(12) When a separate school zone is established and the
boundary of an adjoining separate school zone is
thereby altered, the boards concerned shall, in the
manner provided in section 34, appoint arbitrators
who shall determine the assets and liabilities of the
boards and the amounts, if any, that shall be paid
by one board to the other board, and the award of
the arbitrators is final and binding.
(13) Where a combined separate school zone includes a
former zone in territory without municipal organiza-
tion and a former zone in a municipality, the com-
bined separate school board is responsible for the
assessing of property and levying and collecting rates
for separate schools in the territory without muni-
cipal organization.
Boundaries
where urban
municipality
and rural
zone overlap
49. — (1) Where a rural separate school zone would other-
wise overlap an urban municipality in which a
separate school has been established, the boundary
of the urban municipality is the boundary between
the zones.
Boundaries
where rural
zones
overlap
Boundaries
to be
continuous
(2) Where two or more rural separate school zones
would otherwise overlap, the boundaries of the
zones shall be determined by a separate school
inspector designated by the Minister.
(3) Subject to subsection 1, the boundary between two
or more separate school zones that would otherwise
overlap shall follow a continuous line so that each
97
parcel of land shall be part of the zone of which
the centre is nearer to the parcel than any other
centre.
(4) A separate school board or a separate school sup-^^^®*^
porter affected by the determination of the inspector
under subsection 2 may appeal the determination
to the county judge before the 1st day of July
following the determination.
(5) Where a change in the boundary of a separate school ^^n^ge°/n
zone under this section results in the transfer of a^^""^^*"®^
parcel of land from one zone to another zone, the
taxes levied and collected for separate school support
in respect of such parcel of land, in the year following
the determination by the inspector or judge, shall
be paid to the separate school board of the zone to
which the parcel of land is transferred.
49a. — (1) A separate school board or five supporters of aing board""
I separate school may, before the 1st day of July inthe*^°*^°^
( any year, hold a meeting of the separate school sup-^^PP®^*®"
~ porters to consider the question of discontinuing the
[ separate school board, and, where the majority of
? the supporters vote in favour of discontinuing and
\ fewer than five supporters vote in opposition, the
board shall within thirty days notify the Minister,
the separate school inspector, the clerk of each
municipality concerned and the public school in-
spector for any school board that may be affected
thereby, and, for assessment purposes, the zone shall
be discontinued on the 30th day of September
following the meeting.
f
t (2) A separate school board is discontinued on the 31st^*^ndftion8
I day of December in any year, a'separate*'*^
^> school board
(a) if, before the 30th day of September in the continued
year in which the board is established, the
board fails to secure the approval of the
supporters for a parcel of land for a site of a
schoolhouse or for a centre of its zone ; or
(b) if, for any school term after the year in which
the board was established, the board,
(i) fails to operate a school, or
(ii) fails to make an agreement with
another separate school board for the
education of its pupils and fails to
97
10
R.S.O. 1960,
c. 361
provide transportation for the pupils
who would otherwise be excused from
attendance under clause e of subsec-
tion 2 of section 6 of The Schools
Administration Act; or
(c) if no one is assessed as a supporter in the
separate school zone on the assessment roll
on which taxes are to be levied in the following
year; or
{d) if the supporters fail to elect the required
number of trustees in two successive annual
or biennial elections, as the case may be.
Inspector to
notify
Minister,
etc.
(3) When a board is discontinued under subsection 2,
the separate school inspector shall forthwith notify
the Minister, the separate school board concerned,
the clerks of the municipalities concerned and the
public school inspectors of the school boards affected
thereby.
Settling
accounts
(4) The trustees who are in office in the year in which
the board is discontinued under this section shall
remain in office for the purpose of settling the
accounts and outstanding debts of the board and,
following an audit by a person licensed by the
Department of Municipal Affairs as a municipal
auditor, shall forward the balance of its funds to the
Minister for deposit in the Consolidated Revenue
Fund for sakekeeping.
Records
Revision of
boundaries
Sale of
real
property
(5) The records of a board that has been discontinued
under this section shall be filed in the office of the
separate school inspector.
(6) The separate school inspector shall revise the
boundaries of the zones that are altered as a result
of discontinuing a separate school board.
(7) Where a board that has been discontinued fails to
dispose of its real property in the year in which it
was discontinued and the separate school inspector
is notified that an offer to purchase the real property
has been made, the inspector shall cause notices to
be posted to call a meeting of the persons who were
supporters in the year in which the board was dis-
continued to elect three persons who, when elected,
are a board for the purpose of selling the property.
97
Section 9. The amendment is complementary to section 8 of this
Bill and is to clarify the place of voting of a supporter of an urban separate
school who resides outside the urban municipality.
Section 10. The provisions of section 52 dealing with the right of
non-residents to be assessed for separate schools are amended to refer to
school zones and are transferred to section 47. See section 7 of this Bill.
Section 11. The amendment is to make it clear that a notice given
by directors concerning assessment shall not continue in force from year
to year if it is ruled on appeal not to be a proper notice.
Section 12. Since separate school properties may be scattered
sparsely throughout a municipality and since a separate school board
sets its own rate, the provision for apportioning the estimates of a board
is replaced with a provision to equalize the rates.
97
11
(8) When the board has sold the real property, it shall, jP®P[°^|.*J>^
after paying any outstanding debts, forward the^^ie
balance of the money received from the sale to the
Minister for deposit in the Consolidated Revenue
Fund for safekeeping.
(9) A separate school board that has been discontinued iishfng\"
in any year may, in any subsequent year, be re- ^^^^^
established in the school section in which the separate
school was established in the manner provided in
sections 18 to 20 or section 21, and the funds that
were deposited by the board that was discontinued
shall be returned to the board.
9. Section 50 of The Separate Schools Act is repealed andc.'ses,' s.^so!
the following substituted therefor: re-enacted
50. When a supporter of a separate school in an urban ^rg^on
municipality resides outside the municipality, he is^y^^^j"^
entitled to vote in the ward or polling subdivision urban
, . , , , , , . . , municipality
m which the separate school nearest to his residence to vote
is situate.
10. Section 52 of The Separate Schools Act is repealed. lutes' s.^m!
repealed
11. Subsection 4 of section 58 of The Separate Schools Act^^^- l^lg[
is amended by adding at the end thereof "except that, upon|^|j^^^^
appeal, if it is ruled that the notice is not a proper notice, it
is void, and the clerk shall so notify the corporation and mark
the notice accordingly", so that the subsection shall read as
follows:
(4) A notice given in pursuance of a resolution of the notfce °
directors is sufficient and shall continue in force and
be acted upon until it is withdrawn, varied or can-
celled by a notice subsequently given pursuant to
any resolution of the corporation or of its directors,
except that, upon appeal, if it is ruled that the
notice is not a proper notice, it is void, and the clerk
shall so notify the corporation and mark the notice
accordingly.
12. Section 596 of The Separate Schools Act, as enacted by o.'ses,' l^t^'b
section 9 of 'The Separate Schools Amendment Act, 1961-62, ^^\%)^^^'q^^
is repealed and the following substituted therefor: re-enacted
596. — (1) Where a separate school zone includes territory gcho^oV^rates^
in two or more municipalities, the board shall, when equalizing
it is setting the rates to be levied in any year, use an factor
equalizing factor for each municipality in the zone
97
12
which, when applied to the local assessment of pro-
perties in a municipality, would increase or decrease
the local assessment on such properties to a sum
equal to the local assessment on similar properties
in the municipality in which the greatest number of
its pupils reside.
Adoption of
rate
(2) The board shall adopt a tax rate to be levied in the
municipality in which the greatest number of its
pupils reside and multiply that rate by the factor
determined for each municipality in the zone, and
the resulting rates calculated to the nearest tenth of
a mill shall be the rates in the respective munici-
palities for separate school purposes in the zone.
Arbitrators,
appoint-
ment
(3) For the purpose of determining the factors, the board
shall appoint three arbitrators who are not trustees
who shall meet and determine the factors.
Meeting
(4) The secretary of the board shall call the meeting
of the arbitrators.
Determina-
tion of
factors
When
factors
to be
determined
(5) The arbitrators shall base their decision on a com-
parison of the local assessment on sample properties
that are assessed to the support of the separate
schools in the municipality in which the greatest
number of its pupils reside with the local assessment
on similar properties in the other municipalities in
which any part of the separate school zone is situated,
and the factors so determined shall be used by the
board when it sets its rates at any time following
the decision of the arbitrators and until the factors
are altered by arbitration.
(6) The factors shall be determined,
(a) in the year in which the separate school is
formed ;
Appeal to
board
(b) in any year that is divisible evenly by 5;
(c) in any year in which the basis of assessing
has been changed in any of the municipalities
in which part of the separate school zone is
situate; and
(d) in any year if the board so directs.
(7) Five supporters of the separate school in the separate
school zone or the majority of the supporters who
reside in one municipality in the zone may, on or
97
Section 13. Section 63 permits a council to set a uniform tax rate
for public and separate school purposes and to apportion the levy between
them. The section is obsolete and is therefore repealed.
Section 14. The amendment is complementary to the sections pro-
viding for separate school zones. See section 8 of this Bill.
97
13
before the 1st day of November in any year, appeal
to the board against the last determination of the
factors, and the decision of the board is final.
(8) The factors determined in any year shall be used^^^^^^
for the purposes of taxation in the following and
subsequent years until the year following the next
determination of the factors.
(9) The cost of the arbitration shall be paid by the arbitration
separate school board.
(10) Where an apportionment of the annual sum to be^PP^^^^^^^
raised for the purposes of a separate school was made ^^ ^^^^. ^^^
under the predecessor of this section, the apportion- tion of
ment shall continue in force and effect until the year i963
next following the year in which it is necessary under
this section to determine the factors for the purpose
of rates to be levied for the separate school, and, in
other cases, the factors shall be determined in the
year 1963 for the purposes of taxation in the year
1964.
13. Section 63 of The Separate Schools Act is repealed. c.'ses.' s. 63,'
repealed
14. Subsection 1 of section 66 of The Separate Schools Act^'-^Qsllfte',
is repealed and the following substituted therefor: re-enacted
(1) The board of a separate school may pass by-laws fofpowerrof^
borrowing money, by mortgages or other instruments, separate
upon the security of the school house property and trustees
premises and any other real or personal property
vested in the board and upon the separate school
rates for the purpose of paying the cost of school
sites, school buildings or additions or repairs thereto
or for any other school purposes, and any rate-
payer, who was a separate school supporter in the
separate school zone at the time when the loan was
effected on the security of the property or rates or
who became a supporter during the term of the loan,
shall, while resident within the separate school zone,
continue to be liable for the rate to be levied for the
repayment of the money so secured.
15. This Act comes into force on the day it receives Royal ^°^^"^®"**"
Assent.
16. This Act may be cited as The Separate Schools Amend- short title
ment Act, 1962-63.
97
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BILL 97
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Separate Schools Act
Mr. Davis
{Reprinted as amended by the Committee on Education)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
'r .1; »^
Explanatory Notes
Section 1. The new definitions are complementary to the provisions
in section 8 providing for separate school zones.
97
BILL 97
1962-63
An Act to amend The Separate Schools Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 17 of The Separate Schools Act is amended by^fA9P?S'
relettenng clause a as clause aa and by addmg thereto the amended
following clauses:
{a) "combined separate school zone" means a union of
two or more separate school zones;
{ha) "parcel of land" means a parcel of land that by
The Assessment Act is required to be separately ^IgO- 1^^^-
assessed ;
{da) "rural separate school zone" means a separate school
zone established under section 18 in a rural school
section or under section 21 in territory without
municipal organization;
(/a) "separate school zone" means the area in which
property may be assessed to support a separate
school or schools under the jurisdiction of one
separate school board;
{h) "urban separate school zone" means a separate
school zone established under section 18 in an urban
municipality.
97
•2.
c 368 ^' ^^^ Separate Schools Act is amended by adding thereto
the following section:
R.S.O. I960,
c. 368.
amended
Right to
vote re
establish-
ment of
separate
school
216. — (1) A Roman Catholic who is a householder or free-
holder and of the full age of twenty-one years and
who desires to establish a separate school is entitled,
in the year in which the separate school is established,
to vote on any matter relating to such separate
school if.
(a) in the case of a township, he resides in the
school section in which the separate school is
being established; or
(b) in the case of an urban municipality, he
resides in the municipality; or
(c) in the case of a separate school for a ward in
an urban municipality, he resides in the ward ;
or
(d) in the case of territory without municipal
organization, he resides in territory without
municipal organization and within three miles
of the centre designated by the ten or more
heads of families who call a meeting under
subsection 1 of section 21.
Persons
qualified
to call
meeting
under s. 21
(2) The persons who are entitled to vote under clause d
of subsection 1 are the persons qualified to call a
meeting under subsection 1 of section 21.
?"f68:i.^22: 3.— (1) Subsection 2 of section 22 of The Separate Schools
re-enacted "^^^ ^^ repealed and the following substituted therefor:
Right of
person to
attend
separate
school
(2) Every person who has attained the age of five years
on or before the 31st day of December in any year
and whose parent or guardian resides in a separate
school zone and is a separate school supporter has
the right to attend, after the 1st day of September in
the following year, a separate school in that zone
at the expense of the separate school board, except a
person who, by reason of mental or physical defect,
is unable to profit by instruction in the separate
school or a person who has attained the age of
twenty-one years.
R.S.O. I960,
c. 368, s. 22,
subs. 11,
amended
(2) Subsection 11 of the said section 22 is amended by
striking out "that is closest to and within three miles of the
residence" in the ninth and tenth lines and inserting in lieu
97
i
Section 2. The new section sets out the qualifications of persons
who are entitled to vote in the year in which a separate school is established
on any matter relating to such separate school.
Section 3 — Subsections 1 and 2.
tary to section 8 of this Bill.
The amendments are complemen-
97
Subsection 3. The provisions with respect to non-resident pupils
are added to correspond with similar provisions in The Public Schools Act.
97
thereof "zone in which he and his parent or guardian reside",
so that the subsection shall read as follows:
(11) Subject to subsection 2, where a child whose parent Admission
or guardian is a separate school supporter moves separate
with his parent or guardian into a residence that is supporter
assessed for public school purposes, and the date upon ?^idence*°
which the assessment for the current year may be pu^biTc^'^ *°
changed to the support of separate schools has passed, g°pport
upon the filing of a notice of change for the following
year with the clerk of the municipality, the child
shall be admitted to a separate school by the board
of the separate school zone in which he and his
parent or guardian reside without the payment of
a fee.
(3) The said section 22 is amended by adding thereto the^|g*^-^^|^'
following subsections: amended
(13) Where a separate school pupil resides with his^p^rate
parent or guardian in one zone and his residence is|uppoVter
nearer by road to a separate school in another zone, resides in
.-. , , , . - , . , . , one zone
as certified by the mspector tor the zone m which but is
the pupil resides, the board of the other zone mayroa^cfto a
admit the pupil for the current year if the inspector |choo?\n
for that school certifies that there is sufficient accom- zonl^^^
modation for him, and, unless the board of the zone
in which he resides furnishes transportation for him
to a school in his zone, the board of the zone in
which he resides shall pay to the other board the
tuition fees charged on his behalf at a rate not in
excess of the gross cost per pupil per day in the pre-
ceding year.
(14) Where a parent or guardian wishes to enrol his^^®^|^|
child in a separate school in a zone other than the school
, . , , ,. , , , ., , supporter
one in which the parent or guardian and the child resides in
reside, and the parent or guardian is assessed for but owns
! separate school purposes in that zone, another
land in
anott
zone
(a) as an owner; or
(b) for business assessment; or
(c) as an owner and for business assessment,
for an amount at least equal to the total assessment
for separate school purposes in that zone divided by
the average daily attendance of resident pupils in
the preceding year, the child shall be admitted to a
97
Residents
of non-
assessable
property-
separate school by the board of that zone without
the payment of a fee.
(15) Where a child, whose parent or guardian is a Roman
Catholic, resides with his parent or guardian on
land that is exempt from taxation for school purposes,
he shall be admitted to a separate school that is
accessible to him and in which the inspector has
certified that there is sufficient accommodation for
the current school year, and fees shall be paid in
accordance with the regulations respecting the educa-
tion of such pupils.
^'368 ■ '^^26' ^* Section 26 of The Separate Schools Act is amended by
amended ' adding thereto the following subsection:
Idem
(2) A person who is a Roman Catholic and is the wife
of a supporter of a rural separate school who is
entitled to vote under subsection 1 is entitled to
vote at the election of trustees of such school and on
any question submitted to a meeting of the sup-
porters, except a question involving the selection of
a school site or an expenditure for a permanent
improvement.
c^'fei" 8^32' ^* — ^^^ Subsection 1 of section 32 of The Separate Schools
Bubs. i ■ ' Act, 2iS re-enacted by subsection 1 of section 4 of The Separate
c. 132, s.'4. Schools Amendment Act, 1961-62, is amended by inserting
amended after "schools" in the eighth line "who vote on the question",
so that the subsection shall read as follows:
Formation
of combined
separate
school
(1) A separate school board or five supporters of a
separate school may, before the 1st day of July in
any year, hold a meeting of the separate school
supporters to consider the question of uniting the
school with one or more other separate schools to
form a combined separate school, and, where the
majority of the supporters of each of two or more
separate schools who vote on the question vote in
favour of union, the trustees of the board of each
separate school to be united shall give notice, before
the 1st day of August, to the Minister and the
clerks of the municipalities in which the separate
schools are situated, and the combined separate
school thus formed shall be deemed one school for
all Roman Catholic separate school purposes on the
1st day of January of the following year, except that,
for the purposes of the election of trustees, it shall
be deemed to be one school on the day of nomination
for trustees of the combined separate school.
97
Section 4. The present section 26 permits a supporter of a rural
separate school who is a householder or freeholder to vote on any question
at a meeting of the supporters. The new subsection 2 gives wives of
supporters the right to vote on questions other than for permanent im-
provements in a manner similar to the provision for urban separate schools.
Section 5 — Subsection 1. At present, a majority of those eligible to
vote is required to form a combined separate school. The amendment
will require only a majority of those who vote on the question.
97
Subsections 2 and 3. The new subsection 6 provides for more than
five trustees when a combined separate school zone includes a former
urban separate school zone.
The new subsection 7 is self-explanatory.
Section 6. The amendment is complementary to section 8 of this
Bill and is to clarify who has a right to vote when a separate school is
being detached from a combined separate school zone.
Section 7. The provisions of subsections 1 and 3 of section 47 and
section 52 are revised for the purpose of clarification and to complement
the new provisions in section 8 of this Bill providing for separate school
zones.
97
(2) Subsection la of the said section 32, as enacted by sub-^fg^-^^l^;
section 1 of section 4 of The Separate Schools Amendment -^^^> /Vgli '62
1961-62, is amended by inserting after "and" in the fifth linec. i32, s.'4,
sii bs 1 ^
"subject to subsection 6", so that the subsection shall read as amended
follows :
(la) Where a combined separate school is formed or'^'""^*®®^
where another separate school is added to or de-
tached from a combined separate school, the trustees
in office shall retire on the day of nomination for
trustees of the combined separate school, and,
subject to subsection 6, five trustees shall be elected
by the supporters of the newly-created or altered
combined separate school as provided in section 27.
(3) The said section 32 is amended by adding thereto the^fegg^lg'
following subsections: amended
(6) Where a combined separate school zone includes a JJmb*fned^'^
former urban separate school zone, the board shall |®goof*®
be composed of the same number of trustees as thej"9|"^ing
^ urban zone
urban separate school board would have had under
section 35, and sections 35 and 36& apply mutatis
mutandis to the trustees who shall be elected by
general vote under section 27.
(7) A board of a combined separate school zone may, f^^^^ ^^*®^
without the approval of the supporters, acquire a combined
school site in any school section in which a separate
school was formed and which became part of the
combined separate school zone.
6. Subsection 2 of section 32a of The Separate Schools ^<^^i^'^'^\^^'a
as enacted by section 5 of The Separate Schools Amendment i^^^^^^^'
Act, 1961-62, is repealed and the following substituted therefor: subs. 2,
re-enacted
(2) The persons entitled to vote on the question are the ^"ter^for
supporters of the combined separate school who detaching a
. , , , . , • f 1 separate
reside closer to the centre m the portion 01 the school from
combined separate school zone that it is proposed separate
to detach than to any other centre. school
7. Subsections 1 and 3 of section 47 of The Separate Schools^'%^l^\^\
Act are repealed and the following substituted therefor: re-enacted'
(1) Every person paying rates in a separate school zone^f^®'^P*'°'^
on property that he occupies as owner or tenant o^^jwoners^
on unoccupied property that he owns, who by him- school rates
self or his agent, on or before the 30th day of
September in any year, gives to the clerk of the
97
municipality notice in writing that he is a Roman
Catholic and that he wishes to be a separate school
supporter, is exempt from the payment of all rates
imposed on such property in the separate school
zone for the support of public schools or for the
purchase of land or the erection of buildings for public
school purposes for the following year and every
subsequent year while he continues to be a separate
school supporter with respect to such property.
Who may be
eupporters
of separate
school
(3) Any person who is a Roman Catholic and resident
on a parcel of land that is within a separate school
zone may be a separate school supporter in that zone.
Rights of
non-residents
to be
assessed for
separate
school
R.S.O. 1960,
o. 23
(3a) Any person who, if resident in a separate school zone,
would be entitled to be a supporter of a separate
school, on giving the notice provided in The Assess-
ment Act that he is the owner of unoccupied land
situate therein, may direct that all such land in the
separate school zone shall be assessed for the purposes
of the separate school.
R|gOi960. 8. Sections 48 and 49 of The Separate Schools Act are
ss. 48,' 49, repealed and the following substituted therefor:
re-enacted
Boundaries
of zones
48. — (1) The boundaries of separate school zones shall be
determined in relation to their centres.
Centre of
zones
(2) Where a board operates a separate school, the centre
of the separate school zone is the most northern
corner astronomically of the site of the separate
school provided that, where the most northern
boundary of the site has a bearing of due west
astronomically, the corner of the site at the western
extremity of the most northern boundary is the
centre.
Centres
where two
or more
schools
Centre
where
board owns
land but
does not
operate
school
(3) Where a board operates two or more separate schools,
there shall be a centre for each school.
(4) Where a board does not operate a school but owns
one parcel of land, for the purpose of determining
the centre of the separate school zone, the board
shall be deemed to operate a school on such parcel
of land.
Centre
where board
does not
operate
school or
own site
(5) Where a board does not operate a separate school or
own a parcel of land, a parcel of land approved by
the supporters for the purpose of determining the
97
Section 8. Sections 48, 49 and 49(i provide for separate school zones.
97
centre of the zone shall be deemed to be the site of
a separate school for such purpose, and the board
shall notify the Minister and the clerks of the muni-
cipalities concerned before the 30th day of September
of the year in which the parcel was so approved.
(6) The centres of a combined separate school zone are Centres of
the centres determined in respect of each school site zone
on which a school is operated and include the centre
of each former zone that became part of the com-
bined separate school zone and in which a separate
school is not operated.
(7) Subject to section 49, every parcel of land that is Rural and
, ,, , ... -^ ^. ^ . -1 r combined
wholly or partly withm a radms oi three miles from separate
£ . 11 • •.! • .1 school zones
a centre oi a separate school zone is within the zone.
(8) Subject to section 49, where a separate school board ^^^^^^.^
is established in an urban municipality, the urban school zone
separate school zone includes the urban municipality
and any parcel of land that is outside the boundary
of the urban municipality but within a radius of
three miles from a centre in the urban municipality.
(9) Where a separate school board has heretofore been in wards
established for a ward in a municipality, the board
is continued until dissolved under this Act, and the
separate school zone under the jurisdiction of the
board includes any parcel of land within the ward.
(10) A separate school zone, except a combined separate zones not
school zone, shall not include land in a municipality organized
as well as land in territory without municipal unorganized
organization. *«''"*°'"^
(11) For each separate school zone that includes part or|®P^^j^*®
all of a township or territory without municipal inspector to
, ^ I 1 • 1 • J prepare
organization, the separate school inspector designated maps and
u *u -Ml' • i u n descriptions
by the Minister shall, of zones
(a) prepare maps of each township in which part
or all of a separate school zone is located
showing the boundary of each separate school
zone therein or partly therein;
{h) describe each zone by indicating the name of
the board, the centres in the zone, and the
municipalities wholly or partly within the
zone;
97
8
(c) where the boundary of a zone is altered, pre-
pare a revised map and description;
(d) sign and date the original maps and descrip-
tion of each zone and retain them on file; and
(e) furnish,
(i) to each separate school board, a map
or description of its zone,
(ii) to the township clerk, a map showing
the zone boundaries within the town-
ship and a description of each zone,
and
Arbitrate
assets and
liabilities
(iii) to each public school inspector, a
description of each separate school zone
within his inspectorate.
(12) When a separate school zone is established and the
boundary of an adjoining separate school zone is
thereby altered, the boards concerned shall, in the
manner provided in section 34, appoint arbitrators
who shall determine the assets and liabilities of the
boards and the amounts, if any, that shall be paid
by one board to the other board, and the award of
the arbitrators is final and binding.
Rates in
unorganized
territory
in combined
zone
(13) Where a combined separate school zone includes a
former zone in territory without municipal organiza-
tion and a former zone in a municipality, the com-
bined separate school board is responsible for the
assessing of property and levying and collecting rates
for separate schools in the territory without muni-
cipal organization.
Boundaries
where urban
municipality
and rural
zone overlap
49. — (1) Where a rural separate school zone would other-
wise overlap an urban municipality in which a
separate school has been established, the boundary
of the urban municipality is the boundary between
the zones.
Boundaries
where rural
zones
overlap
Boundaries
to be
continuous
(2) Where two or more rural separate school zones
would otherwise overlap, the boundaries of the
zones shall be determined by a separate school
inspector designated by the Minister.
(3) Subject to subsection 1, the boundary between two
or more separate school zones that would otherwise
overlap shall follow a continuous line so that each
97
parcel of land shall be part of the zone of which
the centre is nearer to the parcel than any other
centre.
(4) A separate school board or a separate school sup-''^^^®**
porter affected by the determination of the inspector
under subsection 2 may appeal the determination
to the county judge before the 1st day of July
following the determination.
(5) Where a change in the boundary of a separate school ^^n°ge°/n
zone under this section results in the transfer of a *'°"'^^^'^®"
parcel of land from one zone to another zone, the
taxes levied and collected for separate school support
in respect of such parcel of land, in the year following
the determination by the inspector or judge, shall
be paid to the separate school board of the zone to
which the parcel of land is transferred.
49a. — (1) A separate school board or five supporters of aSgb'o'ard""
separate school may, before the 1st day of July in j'^q* ^°*® °^
any year, hold a meeting of the separate school sup-^^PP^*^®™
porters to consider the question of discontinuing the
separate school board, and, where the majority of
the supporters vote in favour of discontinuing and
fewer than five supporters vote in opposition, the
board shall within thirty days notify the Minister,
the separate school inspector, the clerk of each
municipality concerned and the public school in-
spector for any school board that may be affected
thereby, and, for assessment purposes, the zone shall
be discontinued on the 30th day of September
following the meeting.
(2) A separate school board is discontinued on the Slst^'ndftions
day of December in any year, a'sepamte"^
school board
(a) if, before the 30th day of September in the continued
year in which the board is established, the
board fails to secure the approval of the
supporters for a parcel of land for a site of a
schoolhouse or for a centre of its zone; or
(b) if, for any school term after the year in which
the board was established, the board,
(i) fails to operate a school, or
(ii) fails to make an agreement with
another separate school board for the
education of its pupils and fails to
97
10
R.S.O.
c. 361
1960.
provide transportation for the pupils
who would otherwise be excused from
attendance under clause e of subsec-
tion 2 of section 6 of The Schools
Administration Act; or
(c) if no one is assessed as a supporter in the
separate school zone on the assessment roll
on which taxes are to be levied in the following
year; or
(d) if the supporters fail to elect the required
number of trustees in two successive annual
or biennial elections, as the case may be.
Inspector to
notify
Minister,
etc.
(3) When a board is discontinued under subsection 2,
the separate school inspector shall forthwith notify
the Minister, the separate school board concerned,
the clerks of the municipalities concerned and the
public school inspectors of the school boards affected
thereby.
Settling
accounts
(4) The trustees who are in office in the year in which
the board is discontinued under this section shall
remain in office for the purpose of settling the
accounts and outstanding debts of the board and,
following an audit by a person licensed by the
Department of Municipal Affairs as a municipal
auditor, shall forward the balance of its funds to the
Minister for deposit in the Consolidated Revenue
Fund for sakekeeping.
Beoords
Revision of
boundaries
Sale of
real
property
(5) The records of a board that has been discontinued
under this section shall be filed in the office of the
separate school inspector.
(6) The separate school inspector shall revise the
boundaries of the zones that are altered as a result
of discontinuing a separate school board.
(7) Where a board that has been discontinued fails to
dispose of its real property in the year in which it
was discontinued and the separate school inspector
is notified that an offer to purchase the real property
has been made, the inspector shall cause notices to
be posted to call a meeting of the persons who were
supporters in the year in which the board was dis-
continued to elect three persons who, when elected,
are a board for the purpose of selling the property.
97
Section 9. The amendment is complementary to section 8 of this
Bill and is to clarify the place of voting of a supporter of an urban separate
school who resides outside the urban municipality.
Section 10. The provisions of section 52 dealing with the right of
non-residents to be assessed for separate schools are amended to refer to
school zones and are transferred to section 47. See section 7 of this Bill.
Section 11. The amendment is to make it clear that a notice given
by directors concerning assessment shall not continue in force from year
to year if it is ruled on appeal not to be a proper notice.
Section 12. Since separate school properties may be scattered
sparsely throughout a municipality and since a separate school board
sets its own rate, the provision for apportioning the estimates of a board
is replaced with a provision to equalize the rates.
97
11
(8) When the board has sold the real property, it shall, jl^eposit^of
after paying any outstanding debts, forward the^aie
balance of the money received from the sale to the
Minister for deposit in the Consolidated Revenue
Fund for safekeeping.
(9) A separate school board that has been discontinued ^shfng\"
in any year may, in any subsequent year, be re- ^°^'"^
established in the school section in which the separate
school was established in the manner provided in
sections 18 to 20 or section 21, and the funds that
were deposited by the board that was discontinued
shall be returned to the board.
9. Section 50 of The Separate Schools Act is repealed andc.'aes." s.^so;
the following substituted therefor: re-enacted
50. When a supporter of a separate school in an urban ^j? ®on
municipality resides outside the municipality, he is^^^^^J^^
entitled to vote in the ward or polling subdivision urban
^ ° . . municipality
m which the separate school nearest to his residence to vote
IS situate.
10. Section 52 of The Separate Schools Act is repealed. S."368:s 52!
repealed
11. Subsection 4 of section 58 of The Separate Schools -^c/^-fgg's^gg;
is amended by adding at the end thereof "except that, upon l^^^i^^^^
appeal, if it is ruled that the notice is not a proper notice, it
is void, and the clerk shall so notify the corporation and mark
the notice accordingly", so that the subsection shall read as
follows :
(4) A notice given in pursuance of a resolution of the notice °
directors is sufhcient and shall continue in force and
be acted upon until it is withdrawn, varied or can-
celled by a notice subsequently given pursuant to
any resolution of the corporation or of its directors,
except that, upon appeal, if it is ruled that the
notice is not a proper notice, it is void, and the clerk
shall so notify the corporation and mark the notice
accordingly.
12. Section 596 of The Separate Schools Act, as enacted by c.'aes,' s. 596
section 9 of The Separate Schools Amendment Act, 1961-62, ^^^^^2^^;^^^
is repealed and the following substituted therefor: re-enacted
596. — (1) Where a separate school zone includes territory 8cho1)Tra"es^
in two or more municipalities, the board shall, when equalizing
it is setting the rates to be levied in any year, use an factor
equalizing factor for each municipality in the zone
97
12
which, when appHed to the local assessment of pro-
perties in a municipality, would increase or decrease
the local assessment on such properties to a sum
equal to the local assessment on similar properties
in the municipality in which the greatest number of
its pupils reside.
Adoption of
rate
Arbitrators,
appoint-
ment
Meeting
(2) The board shall adopt a tax rate to be levied in the
municipality in which the greatest number of its
pupils reside and multiply that rate by the factor
determined for each municipality in the zone, and
the resulting rates calculated to the nearest tenth of
a mill shall be the rates in the respective munici-
palities for separate school purposes in the zone.
(3) For the purpose of determining the factors, the board
shall appoint three arbitrators who are not trustees
who shall meet and determine the factors.
(4) The secretary of the board shall call the meeting
of the arbitrators.
Determina-
tion of
factors
(5) The arbitrators shall base their decision on a com-
parison of the local assessment on sample properties
that are assessed to the support of the separate
schools in the municipality in which the greatest
number of its pupils reside with the local assessment
on similar properties in the other municipalities in
which any part of the separate school zone is situated,
and the factors so determined shall be used by the
board when it sets its rates at any time following
the decision of the arbitrators and until the factors
are altered by arbitration.
When
factors
to be
determined
(6) The factors shall be determined,
(a) in the year in which the separate school is
formed ;
(b) in any year that is divisible evenly by 5 ;
(c) in any year in which the basis of assessing
has been changed in any of the municipalities
in which part of the separate school zone is
situate; and
(d) in any year if the board so directs.
Appeal to
board
(7) Five supporters of the separate school in the separate
school zone or the majority of the supporters who
reside in one municipality in the zone may, on or
97
Section 13. Section 63 permits a council to set a uniform tax rate
for public and separate school purposes and to apportion the levy between
them. The section is obsolete and is therefore repealed.
Section 14. The amendment is complementary to the sections pro-
viding for separate school zones. See section 8 of this Bill.
97
13
before the 1st day of November in any year, appeal
to the board against the last determination of the
factors, and the decision of the board is final.
(8) The factors determined in any year shall be used f^p^ore
for the purposes of taxation in the following and
subsequent years until the year following the next
determination of the factors.
(9) The cost of the arbitration shall be paid by the arbUration
separate school board.
(10) Where an apportionment of the annual sum to be^PP^J*^^^
raised for the purposes of a separate school was madejn i962 and
under the predecessor of this section, the apportion- tion of
ment shall continue in force and effect until the yeanges
next following the year in which it is necessary under
this section to determine the factors for the purpose
of rates to be levied for the separate school, and, in
other cases, the factors shall be determined in the
year 1963 for the purposes of taxation in the year
1964.
13. Section 63 of The Separate Schools Act is repealed.
R.S.O. I960,
c. 368, 8. 63,
repealed
14. Subsection 1 of section 66 of The Separate Schools ^c/^fgg- g^gg
is repealed and the following substituted therefor:
c. 368, 8. 66,
subs. 1,
re-enacted
(1) The board of a separate school may pass by-laws for ^°^g° g'*"^^
borrowing money, by mortgages or other instruments, separate
upon the security of the school house property and trustees
premises and any other real or personal property
vested in the board and upon the separate school
rates for the purpose of paying the cost of school
sites, school buildings or additions or repairs thereto
or for any other school purposes, and any rate-
payer, who was a separate school supporter in the
separate school zone at the time when the loan was
effected on the security of the property or rates or
who became a supporter during the term of the loan,
shall, while resident within the separate school zone,
continue to be liable for the rate to be levied for the
repayment of the money so secured.
15. This Act comes into force on the day it receives Royal menV"^"'^^
Assent.
16. This Act may be cited as The Separate Schools Amend- Short title
ment Act, 1962-63.
97
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BILL 97
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Separate Schools Act
Mr. Davis
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
<j ;
BILL 97 1962-63
An Act to amend The Separate Schools Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 17 of The Separate Schools Act is amended by ^-f a9' 1^?9'
relettermg clause a as clause aa and by adding thereto thea™e"d«d
following clauses:
{a) "combined separate school zone" means a union of
two or more separate school zones;
{ba) "parcel of land" means a parcel of land that by
The Assessment Act is required to be separately ^fg^- 1^^°'
assessed ;
{(la) "rural separate school zone" means a separate school
zone established under section 18 in a rural school
section or under section 21 in territory without
municipal organization;
{fa) "separate school zone" means the area in which
property may be assessed to support a separate
school or schools under the jurisdiction of one
separate school board;
{h) "urban separate school zone" means a separate
school zone established under section 18 in an urban
municipality. . ,
97
. 2
^•fgg- ^^®°' 2. The Separate Schools Act is amended by adding thereto
amended the following section:
Right to
vote re
establish-
ment of
separate
school
216. — (1) A Roman Catholic who is a householder or free-
holder and of the full age of twenty-one years and
who desires to establish a separate school is entitled,
in the year in which the separate school is established,
to vote on any matter relating to such separate
school if,
(a) in the case of a township, he resides in the
school section in which the separate school is
being established ; or
{b) in the case of an urban municipality, he
resides in the municipality; or
(c) in the case of a separate school for a ward in
an urban municipality, he resides in the ward ;
or
{d) in the case of territory without municipal
organization, he resides in territory without
municipal organization and within three miles
of the centre designated by the ten or more
heads of families who call a meeting under
subsection 1 of section 21.
Persons
qualified
to call
meeting
under s. 21
R.S.O. 19G0,
c. 368, 8. 22,
subs. 2,
re-enacted
Right of
person to
attend
separate
school
(2) The persons who are entitled to vote under clause d
of subsection 1 are the persons qualified to call a
meeting under subsection 1 of section 21.
3. — (1) Subsection 2 of section 22 of The Separate Schools
Act is repealed and the following substituted therefor:
(2) Every person who has attained the age of five years
on or before the 31st day of December in any year
and whose parent or guardian resides in a separate
school zone and is a separate school supporter has
the right to attend, after the 1st day of September in
the following year, a separate school in that zone
at the expense of the separate school board, except a
person who, by reason of mental or physical defect,
is unable to profit by instruction in the separate
school or a person who has attained the age of
twenty-one years.
^•fes.'sS (2) Subsection 11 of the said section 22 is amended by
amended Striking out "that is closest to and within three miles of the
residence" in the ninth and tenth lines and inserting in lieu
97
thereof "zone in which he and his parent or guardian reside'
so that the subsection shall read as follows:
(11) Subject to subsection 2, where a child whose parent
or guardian is a separate school supporter moves
with his parent or guardian into a residence that is
assessed for public school purposes, and the date upon
which the assessment for the current year may be
changed to the support of separate schools has passed,
upon the filing of a notice of change for the following
year with the clerk of the municipality, the child
shall be admitted to a separate school by the board
of the separate school zone in which he and his
parent or guardian reside without the payment of
a fee.
Admission
where
separate
school
supporter
moves into
residence
assessed to
public
school
support
(3) The said section 22 is amended by adding thereto the^|^^'^^|^'
following subsections: amended
(13) Where a separate school pupil resides with his
parent or guardian in one zone and his residence is
nearer by road to a separate school in another zone,
as certified by the inspector for the zone in which
the pupil resides, the board of the other zone may
admit the pupil for the current year if the inspector
for that school certifies that there is sufficient accom-
modation for him, and, unless the board of the zone
in which he resides furnishes transportation for him
to a school in his zone, the board of the zone in
which he resides shall pay to the other board the
tuition fees charged on his behalf at a rate not in
excess of the gross cost per pupil per da}' in the pre-
ceding year.
W here
separate
school
supporter
resides in
one zone
but is
closer by
road to a
separate
school in
another
zone
(14) Where a parent or guardian wishes to enrol his
, Where a
'separate
child in a separate school in a zone other than the school
, . t 1 1- f I 1 M I supporter
one in which the parent or guardian and the child resides in
. , , , ... , ^ one zone
reside, and the parent or guardian is assessed lor but owns
separate school purposes in that zone, a^iothei
zone
(a) as an owner; or
(b) for business assessment; or
(c) as an owner and for business assessment,
for an amount at least ecjual to the total assessment
for separate school purposes in that zone divided by
the average daily attendance of resident pupils in
the preceding year, the child shall be admitted to a
97
Residents
of non-
assessable
property
separate school by the board of that zone without
the payment of a fee. .
(15) Where a child, whose parent or guardian is a Roman
Catholic, resides with his parent or guardian on
land that is exempt from taxation for school purposes,
he shall be admitted to a separate school that is
accessible to him and in which the inspector has
certified that there is sufficient accommodation for
the current school year, and fees shall be paid in
accordance with the regulations respecting the educa-
tion of such pupils.
R.s.o. I960, 4, Section 26 of The Separate Schools Act is amended by
c 36o s 2(>
amended ' adding thereto the following subsection:
Idenn
(2) A person who is a Roman Catholic and is the wife
of a supporter of a rural separate school who is
entitled to vote under subsection 1 is entitled to
vote at the election of trustees of such school and on
any question submitted to a meeting of the sup-
porters, except a question involving the selection of
a school site or an expenditure for a permanent
improvement.
R.s.o. 19G0,
o. 368. s. 32.
subs. 1
(1961-62,
c. 132, s. 4,
subs. 1),
amended
5. — (1) Subsection 1 of section 32 of J^he Separate Schools
Act, as re-enacted by subsection 1 of section 4 of The Separate
Schools Amendment Act, 1961-62, is amended by inserting
after "schools" in the eighth line "who vote on the question",
so that the subsection shall read as follows:
Formation
of combined
separate
school
(1) A separate school board or five supporters of a
separate school may, before the 1st day of July in
any year, hold a meeting of the separate school
supporters to consider the question of uniting the
school with one or more other separate schools to
form a combined separate school, and, where the
majority of the supporters of each of two or more
separate sciiools who vote on the question vote in
favour of union, the trustees of the board of each
separate school to be united shall give notice, before
the 1st day of August, to the Minister and the
clerks of the municipalities in which the separate
schools are situated, and the combined separate
school thus formed shall be deemed one school for
all Roman Catholic separate school purposes on the
1st day of January of the following year, except that,
for the purposes of the election of trustees, it shall
be deemed to be one school on the day of nomination
for trustees of the combined separate school.
97
(2) Subsection la of the vsaid section 32, as enacted by sub- ^^Ig^- ^'^l^*
section 1 of section 4 of The Separate Schools Amendment ^^^> /Vqliio
1961-62, is amended by inserting after "and" in the fifth linec. 132, s.'4.
"subject to subsection 6", so that the subsection shall read as amended
follows:
(la) Where a combined separate school is formed or '^'''"^*®®^
where another separate school is added to or de-
tached from a combined separate school, the trustees
in office shall retire on the day of nomination for
trustees of the combined separate school, and,
subject to subsection 6, five trustees shall be elected
by the supporters of the newly-created or altered
combined separate school as provided in section 27.
(3) The said section 32 is amended by adding thereto the ^feg" 8*^12!
following subsections: amended
(6) Where a combined separate school zone includes acJmbhfed'"
former urban separate school zone, the board shall ^goof*®
be composed of the same number of trustees as the j"9'"^^'^s„„
^ urban zone
urban separate school board would have had under
section 35, and sections 35 and 2>6h apply mutatis
mutandis to the trustees who shall be elected by
general vote under section 27.
(7) A board of a combined separate school zone may, ^^^h°<^^ ^^*®'
without the approval of the supporters, acquire a combined
school site in any school section in which a separate
school was formed and which became part of the
combined separate school zone.
6. Subsection 2 of section 32a of The Separate Schools Act,"^-^-^-'^^^-^
as enacted by section 5 of The Separate Schools Amendment d^^^^^'^'
Act, 1961-62, is repealed and the following substituted therefor: subs. 2,
re-enacted
(2) The persons entitled to vote on the question are the ^ote'rafor
supporters of the combined separate school who detaching a
reside closer to the centre in the portion of the school fro in
... , , ... , a combkied
i^ combmed separate school zone that it is proposed separate
', to detach than to anv other centre.
I
%■ 7. Subsections 1 and 3 of section 47 of The Separate Schools ^_' sqs'. l^ ^7'.
i Act are repealed and the following substituted therefor: ?e-emaoVed'
'/
„; (1) Every person paying rates in a separate school zone J/'®™ ^^'"'^
on property that he occupies as owner or tenant or^^^PP^^^^^fj^
on unoccupied property that he owns, who by him- school rates
self or his agent, on or before the 30th day of
September in any year, gives to the clerk of the
97
municipality notice in writing that he is a Roman
Catholic and that he wishes to be a separate school
supporter, is exempt from the payment of all rates
imposed on such property in the separate school
zone for the support of public schools or for the
purchase of land or the erection of buildings for public
school purposes for the following year and every
subsequent year while he continues to be a separate
school supporter with respect to such property.
Who may be
Bupporters
of separate
School
(3) Any person who is a Roman Catholic and resident
on a parcel of land that is within a separate school
zone may be a separate school supporter in that zone.
HiKhts of
non-residents
to be
assessed for
separate
school
R.S.O. 1960.
c. 23
(3a) Any person who, if resident in a separate school zone,
would be entitled to be a supporter of a separate
school, on giving the notice provided in The Assess-
ment Act that he is the owner of unoccupied land
situate therein, may direct that all such land in the
separate school zone shall be assessed for the purposes
of the separate school.
R.s^o. I960. 8. Sections 48 and 49 of The Separate Schools Act are
SB. 48,' 49, repealed and the following substituted therefor:
re-enacted
Boundaries
of zones
48. — (1) The boundaries of separate school zones shall be
determined in relation to their centres.
Centre of
zones
(2) Where a board operates a separate school, the centre
of the separate school zone is the most northern
corner astronomically of the site of the separate
school provided that, where the most northern
boundary of the site has a bearing of due west
astronomically, the corner of the site at the western
extremity of the most northern boundary is the
centre.
Centfes
where two
or more
schools
Centre
where
board owns
land but
does not
operate
school
(3) Where a board operates two or more separate schools,
there shall be a centre for each school.
(4) Where a board does not operate a school but owns
one parcel of land, for the purpose of determining
the centre of the separate school zone, the board
shall be deemed to operate a school on such parcel
of land.
Centre
where board
does not
operate
school or
own site
(5) Where a board does not operate a separate school or
own a parcel of land, a parcel of land approved by
the supporters for the purpose of determining the
97
centre of the zone shall be deemed to be the site of
a separate school for such purpose, and the board
shall notify the Minister and the clerks of the muni-
cipalities concerned before the 30th day of September
of the year in which the parcel was so approved.
(6) The centres of a combined separate school zone are centres of
the centres determined in respect of each school site zone '"^
on which a school is operated and include the centre
of each former zone that became part of the com-
bined separate school zone and in which a separate
school is not operated.
(7) Subject to section 49, every parcel of land that is Rural and
, ,, , . , . .. ^ , .11- combined
wholly or partly withm a radms oi three miles from separate
, r ^11 • '^1 • ^1 school zones
a centre oi a separate school zone is within the zone.
(8) Subject to section 49, where a separate school board ^^^'^'^fg
is established in an urban municipality, the urban school zone
separate school zone includes the urban municipality
and any parcel of land that is outside the boundary
of the urban municipality but within a radius of
three miles from a centre in the urban municipality.
(9) Where a separate school board has heretofore been in wards
established for a ward in a municipality, the board
is continued until dissolved under this Act, and the
separate school zone under the jurisdiction of the
board includes any parcel of land within the ward.
(10) A separate school zone, except a combined separate zonea not
, , , ,, -till- • • 1- to include
school zone, shall not include land ni a municipality organized
as well as land in territorv without municipal unorganized
organization. ^ *^'""*°'"^
(11) For each separate school zone that includes part orS^P^Jj^*®
all of a township or territory without municipal inspector to
, 11- J • 1 prepare
organization, the separate school inspector designated maps and
, _, A/T* • ^ L 11 descriptions
by the iVlinister shall, of zones
(a) prepare maps of each township in which part
or all of a separate school zone is located
showing the boundary of each separate school
zone therein or partly therein;
(b) describe each zone by indicating the name of
the board, the centres in the zone, and the
municipalities wholly or partly within the
zone;
97
8
(c) where the boundary of a zone is altered, pre-
pare a revised map and description;
(d) sign and date the original maps and descrip-
tion of each zone and retain them on file; and
(e) furnish,
(i) to each separate school board, a map
or description of its zone,
(ii) to the township clerk, a map showing
the zone boundaries within the town-
ship and a description of each zone,
and
Arbitrate
assets and
liabilities
Rates in
unorganized
territory
in combined
zone
Boundaries
where urban
municipality
and rural
zone overlap
(iii) to each public school inspector, a
description of each separate school zone
within his inspectorate.
(12) When a separate school zone is established and the
boundary of an adjoining separate school zone is
thereby altered, the boards concerned shall, in the
manner provided in section 34, appoint arbitrators
who shall determine the assets and liabilities of the
boards and the amounts, if any, that shall be paid
by one board to the other board, and the award of
the arbitrators is final and binding.
(13) Where a combined separate school zone includes a
former zone in territory without municipal organiza-
tion and a former zone in a municipality, the com-
bined separate school board is responsible for the
assessing of property and levying and collecting rates
for separate schools in the territory without muni-
cipal organization.
49. — (1) Where a rural separate school zone would other-
wise overlap an urban municipality in which a
separate school has been established, the boundary
of the urban municipality is the boundary between
the zones.
Boundaries
where rural
zonds
overlap
Boundaries
to be
continuous
(2) Where two or more rural separate school zones
would otherwise overlap, the boundaries of the
zones shall be determined by a separate school
inspector designated by the Minister.
(3) Subject to subsection 1, the boundary between two
or more separate school zones that would otherwise
overlap shall follow a continuous line so that each
97
ft
parcel of land shall be part of the zone of which
the centre is nearer to the parcel than any other
centre.
(4) A separate school board or a separate school sup-^^^^^*'
porter affected by the determination of the inspector
under subsection 2 may appeal the determination
to the county judge before the 1st day of July
following the determination.
(5) Where a change in the boundary of a separate school ^^n'geYn
zone under this section results in the transfer of a''*'""^^"®'
parcel of land from one zone to another zone, the
taxes levied and collected for separate school support
in respect of such parcel of land, in the year following
the determination by the inspector or judge, shall
be paid to the separate school board of the zone to
which the parcel of land is transferred.
49a. — (1) A separate school board or five supporters of aing board"'
separate school may, before the 1st day of July in t^e^ ^°*® °^
any year, hold a meeting of the separate school sup-^^^P®'"*®"
porters to consider the question of discontinuing the
separate school board, and, where the majority of
the supporters vote in favour of discontinuing and
fewer than five supporters vote in opposition, the
board shall within thirty days notify the Minister,
the separate school inspector, the clerk of each
municipality concerned and the public school in-
spector for any school board that may be affected
thereby, and, for assessment purposes, the zone shall
be discontinued on the 30th day of September
following the meeting.
(2) A separate school board is discontinued on the 31st^*ndmor
other
Ions
day of December in any year, a'separate*''^
school board
(a) if, before the 30th day of September in the continued
year in which the board is established, the
board fails to secure the approval of the
supporters for a parcel of land for a site of a
schoolhouse or for a centre of its zone; or
(b) if, for any school term after the year in which
the board was established, the board,
(i) fails to operate a school, or
(ii) fails to make an agreement with
another separate school board for the
education of its pu[)ils and fails to
97
10
R.S.O. 1960.
c. 361
provide transportation for the pupils
who would otherwise be excused from
attendance under clause e of subsec-
tion 2 of section 6 of The Schools
Administration Act; or
(c) if no one is assessed as a supporter in the
separate school zone on the assessment roll
on which taxes are to be levied in the following
year; or
id) if the supporters fail to elect the required
number of trustees in two successive annual
or biennial elections, as the case may be.
Inspector to
notify
Minister,
etc.
(3) When a board is discontinued under subsection 2,
the separate school inspector shall forthwith notify
the Minister, the separate school board concerned,
the clerks of the municipalities concerned and the
public school inspectors of the school boards affected
thereby.
Settling
accounts
(4) The trustees who are in office in the year in which
the board is discontinued under this section shall
remain in office for the purpose of settling the
accounts and outstanding debts of the board and,
following an audit by a person licensed by the
Department of Municipal Affairs as a municipal
auditor, shall forward the balance of its funds to the
Minister for deposit in the Consolidated Revenue
Fund for sakekeeping.
Records
(5) The records of a board that has been discontinued
under this section shall be filed in the office of the
separate school inspector.
Revision of
boundaries
(6) The separate school inspector shall revise the
boundaries of the zones that are altered as a result
of discontinuing a separate school board.
Sale of
real
property
(7) Whei'e a board that has been discontinued fails to
dispose of its real property in the year in which it
was discontinued and the separate school inspector
is notified that an offer to purchase the real property
has been made, the inspector shall cause notices to
be posted to call a meeting of the persons who were
supporters in the year in which the board was dis-
continued to elect three persons who, when elected,
are a board for the purpose of selling the property.
97
11
(8) When the board has sold the real property, it shall, ^®P°s|.*Qof
after paying an\- outstanding debts, forward the sale
balance of the money received from the sale to the
Minister for deposit in the Consolidated Revenue
Fund for safekeeping.
(9) A separate school board that has been discontinued Hshfng^a"
in any year may, in any subsequent year, be re- ^'^^^^
established in the school section in which the separate
school was established in the manner provided in
sections 18 to 20 or section 21, and the funds that
were deposited by the board that was discontinued
shall be returned to the board.
9. Section 50 of The Separate Schools Act is repealed and ^le?; l.^Io!
the following substituted therefor: re-enacted
50. When a supporter of a separate school in an urban ^^on
municipality resides outside the municipality, he is^^^^'^'f ^
entitled to vote in the ward or polling subdivision "rbap
, . , , , , ^ , . . , municipality
in which the separate school nearest to his residence to vote
is situate.
10. Section 52 of The Separate Schools Act is repealed. ^f 68." 8.^52'
I repealed
11. Subsection 4 of section 58 of lite Separate Schools Act^/^ei'.B^ts',
is amended by adding at the end thereof "except that, upon l^^ji^^^^
appeal, if it is ruled that the notice is not a proper notice, it
is void, and the clerk shall so notify the corporation and mark
the notice accordingly", so that the subsection shall read as
follows :
(4) A notice given in pursuance of a resolution of the notice^
directors is sufficient and shall continue in force and
be acted upon until it is withdrawn, varied or can-
celled by a notice subsequently given pursuant to
any resolution of the corporation or of its directors,
except that, upon appeal, if it is ruled that the
notice is not a proper notice, it is void, and the clerk
shall so notify the corporation and mark the notice
accordingly.
12. Section 596 of 'The Separate Schools Act, as enacted by c.'ses,' s. 596
section 9 of l^he Separate Schools Amendment Act, 1961-62, ''^}^^^{fl' ^^^
is repealed and the following substituted therefor: re-enacted
596, — (1) Where a separate school zone includes territory scho1)i"rate8^
in two or more municipalities, the board shall, when gjuaiizing
it is setting the rates to be levied in any year, use an factor
equalizing factor for each municipality in the zone
97
12
which, when applied to the local assessment of pro-
perties in a municipality, would increase or decrease
the local assessment on such properties to a sum
equal to the local assessment on similar properties
in the municipality in which the greatest number of
its pupils reside.
Adoption of
rate
(2) The board shall adopt a tax rate to be levied in the
municipality in which the greatest number of its
pupils reside and multiply that rate by the factor
determined for each municipality in the zone, and
the resulting rates calculated to the nearest tenth of
a mill shall be the rates in the respective munici-
palities for separate school purposes in the zone.
Arbitrators,
appoint-
ment
(3) For the purpose of determining the factors, the board
shall appoint three arbitrators who are not trustees
who shall meet and determine the factors.
Meeting
(4) The secretary of the board shall call the meeting
of the arbitrators.
Determina-
tion of
factors
(5) The arbitrators shall base their decision on a com-
parison of the local assessment on sample properties
that are assessed to the support of the separate
schools in the municipality in which the greatest
number of its pupils reside with the local assessment
on similar properties in the other municipalities in
which any part of the separate school zone is situated,
and the factors so determined shall be used by the
board when it sets its rates at any time following
the decision of the arbitrators and until the factors
are altered by arbitration.
When
factors
to be
determined
(6) The factors shall be determined,
(a) in the year in which the separate school is
formed ;
(b) in any year that is divisible evenly by 5;
(c) in any year in which the basis of assessing
has been changed in any of the municipalities
in which part of the separate school zone is
situate; and
(d) in any year if the board so directs.
Appeal to
board
(7) Five supporters of the separate school in the separate
school zone or the majority of the supporters who
reside in one municipality in the zone may, on or
97
13
before the 1st day of November in any year, appeal
to the board against the last determination of the
factors, and the decision of the board is final.
(8) The factors determined in any year shall be used ^^^^^^J.^
for the purposes of taxation in the following and
subsequent years until the year following the next
determination of the factors.
(9) The cost of the arbitration shall be paid by the arbitration
separate school board.
(10) Where an apportionment of the annual sum to be^PP°^*^^j^
raised for the purposes of a separate school was made ip i962 and
ci©t6rmiTi3.-
under the predecessor of this section, the apportion- tion of
ment shall continue in force and effect until the year i963
next following the year in which it is necessary under
this section to determine the factors for the purpose
of rates to be levied for the separate school, and, in
other cases, the factors shall be determined in the
year 1963 for the purposes of taxation in the year
1964.
13. Section 63 of The Separate Schools Act is repealed. c. 368,' s. es!
repealed
14. Subsection 1 of section 66 of The Separate Schools .^c/^fgg-gflg;
is repealed and the following substituted therefor: re-enacted
(1) The board of a separate school may pass by-laws forpo^e°re oV^
borrowing money, by mortgages or other instruments, separate
upon the security of the school house property and trustees
premises and any other real or personal property
vested in the board and upon the separate school
rates for the purpose of paying the cost of school
sites, school buildings or additions or repairs thereto
or for any other school purposes, and any rate-
payer, who was a separate school supporter in the
separate school zone at the time when the loan was
effected on the security of the property or rates or
who became a supporter during the term of the loan,
shall, while resident within the separate school zone,
continue to be liable for the rate to be levied for the
repayment of the money so secured.
15. This Act comes into force on the day it receives Royal ment'"^"^**
Assent.
16. This Act may be cited as The Separate Schools Amend- short title
ment Act, 1962-63.
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BILL 98
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Gasoline Tax Act
Mr. Allan (Haldimand-Norfolk)
TORONTO
Printed and Published by Frank Fogg, Quki:n's Printkr
Explanatory Notes
Section 1 . The definitions of "gasoline" and "purchaser" are amended
to separate aviation fuel from gasoline so that a different rate of tax may
be applied to each — see section 2 of this Bill.
Section 2. At the present time the purchaser of aviation fuel is
taxed at the rate of 13 cents per gallon and is entitled to a refund of
1 1 cents per gallon when such fuel is used in aircraft.
The new subsection reduces the tax to the net amount.
Section 3. The scope of the provision is widened to provide for
returns, etc., as to aviation fuel.
98
BILL 98 1962-63
An Act to amend The Gasoline Tax Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Clause b of section 1 of The Gasoline Tax Act is^/foillff!'
repealed and the following substituted therefor: re-enacted
(b) "gasoline" includes any gas or liquid produced, pre-
pared or compounded for the purpose of generating
power by means of internal combustion or that may
be used for such purpose, but does not include
aviation fuel or the products commonly known as
fuel oil, coal oil or kerosene, or such products as are
excluded from this Act by the regulations, except
when any such product is mixed or combined with
gasoline.
(2) Clause d of the said section 1 is repealed and the ^S-O- i^^o,
. -If ^' 162, 8. 1,
followmg substituted therefor: ci. a,
° re-enacted
(d) "purchaser" means any person purchasing or receiv-
ing delivery in Ontario of gasoline or aviation fuel
for his own use.
2. Section 2 of The Gasoline Tax Act is amended by adding R.s.o. i960,
, 1 f 11 • 1 • -^ ''c. 162, 8. 2,
thereto the tollowing subsection: amended
(2) Every purchaser of aviation fuel shall pay to theTa^on^
Minister for the use of the Crown in right of Ontario fuel
a charge or tax at the rate of 2 cents per imperial
gallon on all aviation fuel purchased or the delivery
of which is received by him.
3. Clause e of section 3 of The Gasoline Tax Act is amended ^^a^- l^^'
by inserting after "gasoline in the third line or ^^lation ci^*^^^^
fuel", so that the clause shall read as follows:
98
{e) prescribing the returns and statements to be made
by importers, manufacturers, vendors and pur-
chasers of gasoline or aviation fuel, the information
to be given in such returns and statements, and by
whom and in what manner they shall be made.
Commence-
ment
4. This Act shall be deemed to have come into force on the
1st day of April, 1963.
Short title 5. This Act may be cited as The Gasoline Tax Amendment
Act, 1962-63.
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BILL 98
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Gasoline Tax Act
Mr. Allan (Haldimand-Norfolk)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
«jO oiiT bntni\
BILL 98
1962-63
An Act to amend The Gasoline Tax Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Clause b of section 1 of The Gasoline Tax Act is ^'162 ," s.^i?'
repealed and the following substituted therefor: re-enacted
(b) "gasoline" includes any gas or liquid produced, pre-
pared or compounded for the purpose of generating
power by means of internal combustion or that may
be used for such purpose, but does not include
aviation fuel or the products commonly known as
fuel oil, coal oil or kerosene, or such products as are
excluded from this Act by the regulations, except
when any such product is mixed or combined with
gasoline.
(2) Clause d of the said section 1 is repealed and the i^-S-O- i^^o-
,.,.,,- c. 162, s. 1.
following substituted therefor:
cl. d.
re-enacted
(d) "purchaser" means any person purchasing or receiv-
ing delivery in Ontario of gasoline or aviation fuel
for his own use.
2. Section 2 of The Gasoline Tax Act is amended by adding R.s.o. i960,
thereto the following subsection: amended
(2) Every purchaser of aviation fuel shall pay to theTa^o"^
Minister for the use of the Crown in right of Ontario fuel
a charge or tax at the rate of 2 cents per imperial
gallon on all aviation fuel purchased or the delivery
of which is received bv him.
3. Clause e of section 3 of The Gasoline Tax Act is amended R-^-O- pso,
by mserting after "gasoline" in the third Ime or aviation ci. «,
fuel", so that the clause shall read as follows:
amended
98
(e) prescribing the returns and statements to be made
by importers, manufacturers, vendors and pur-
chasers of gasoline or aviation fuel, the information
to be given in such returns and statements, and by
whom and in what manner they shall be made.
Commence- 4, fhig Act shall be deemed to have come into force on the
ment
1st day of April, 1963.
Short title 5. This Act may be cited as The Gasoline Tax Amendment
Act, 1962-63.
98
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BILL 99
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Gasoline Handling Act
Mr. Allan (Haldimand-Norfolk)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
(^€
Explanatory Note
These amendments are complementary to Bill 98, An Act to amend
The Gasoline Tax Act.
99
BILL 99 1962-63
An Act to amend The Gasoline Handling Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Clause a of section 1 of The Gasoline Handling Act is^-f^'l^f^-
repealed and the following substituted therefor: ci. a, ' '
^ ° re-enacted
(a) "aviation fuel" includes any gas or liquid that is sold
to be used or is used to create power to propel an
aircraft, and any product that is designated to be
avaiation fuel by the regulations;
(aa) "gasoline" includes aviation fuel and any gas or
liquid produced, prepared or compounded for the
purpose of generating power by means of internal
combustion or that may be used for such purpose,
but does not include the product commonly known
as kerosene or coal oil or such products as are ex-
cluded from this Act by the regulation, sexcept when
kerosene, coal oil or any product that is excluded
from this Act by the regulations is aviation fuel or
is mixed or combined with gasoline.
2. Subsection 1 of section 12 of The Gasoline Handling Act^/fol-lfiz'.
is amended by adding thereto the following clauses: l^lnded
(da) designating products to be aviation fuel;
(db) excluding products from this Act.
3. This Act shall be deemed to have come into force on ^^J^j'"®"*^®-
the 1st day of April, 1963.
4. This Act may be cited as The Gasoline Handling Amend- ^i^ort title
ment Act, 1962-63.
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BILL 99
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Gasoline Handling Act
Mr. Allan (Haldimand-Norfolk)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 99 1962-63
An Act to amend The Gasoline Handling Act
enacER MAJESTY, by and with the advice and consent of
Hthe Legislative Assembly of the Province of Ontario,
ts as follows:
1. Clause a of section 1 of The Gasoline Handling Act is^-^^O- i^^o,
repealed and the following substituted therefor: c\. a, ' '
^ ° re-enacted
(a) "aviation fuel" includes any gas or liquid that is sold
to be used or is used to create power to propel an
aircraft, and any product that is designated to be
avaiation fuel by the regulations;
(aa) "gasoline" includes aviation fuel and any gas or
liquid produced, prepared or compounded for the
purpose of generating power by means of internal
combustion or that may be used for such purpose,
but does not include the product commonly known
as kerosene or coal oil or such products as are ex-
cluded from this Act by the regulations, except when
kerosene, coal oil or any product that is excluded
from this Act by the regulations is aviation fuel or
is mixed or combined with gasoline.
2. Subsection 1 of section 12 of The Gasoline Handling A.ctf'-f^-l^f^'
is amended by adding thereto the following clauses : l^lAded
(da) designating products to be aviation fuel ;
(db) excluding products from this Act.
3. This Act shall be deemed to have come into force on ^eli?t'^^'^°*'
the 1st day of April, 1963.
4. This Act may be cited as The Gasoline Handling Amend- short title
ment Act, 1962-63.
99
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BILL 100
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Legislative Assembly Act
Mr. Wintermeyer
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
Where the Chief Election Officer fails to issue a writ of election within
ten days after the time limit, any two members may issue the writ. This
Bill is supplemented by an amendment to The Election Act being intro-
duced at this session requiring the local sheriff to receive the writ and act
as returning officer where none is appointed.
^^ sirrvfiB
BILL 100 1962-63
An Act to amend The Legislative Assembly Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 28 of The Legislative Assembly Act is repealed ^fos,' s.^is,'
and the following substituted therefor: re-enacted
28. — (1) Subject to section 25, if the seat of a member ^^|J^®y
has been vacant for three months and no writ has ??*^*^ ^°^
been issued, the Chief Election Officer shall issue months
the writ within ten days thereafter.
(2) If at the end of the said ten days no writ has been when two
, _ , , 1X161X1 Dcrs
issued, then any two members may issue a writ may issue
under their own hands to the returning officer in election
accordance with Form 3, and the first writ received
by the returning officer is a valid writ of election.
2. The Legislative Assembly Act is amended by adding ^SiO- i^^o-
thereto the following form: amended
FORM 3
(Section 28 (2) )
Writ of Election
To:
WE COMMAND YOU to cause election to be made of a member
(or as the case may be) to serve in the Legislative Assembly of Ontario,
for the electoral district of in the Province
of Ontario, in the place of (stating the
cause of the vacancy) and that you do cause the nomination of candi-
dates at such election to be held on the day of
next and, if a poll becomes necessary, that the same be held on the
day of next and do cause the
name (or names) of such member (or members) when so elected,
whether he is (or they are) present or absent, to be certified to our
Chief Election Officer.
100
Witness our hands and seals at the City' of Toronto this
day of , 19
Endorsement
Received the within Writ on the day of ,
19
Returning Officer
Commence- 3. This Act comes into force on the day it receives Royal
Assent.
Short title 4^ This Act may be cited as The Legislative Assembly
Amendment Act, 1962-63.
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BILL 101
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Election Act
Mr. Wintermeyer
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
J.TffI
'*'T f
T~ r» .-., r-c
Explanatory Notes
Section 1. This amendment is supplementary to a Bill to amend
The Legislative Assembly Act being introduced at this session.
Sectiun 2. Where an election is required by two members of the
Legislature under an amendment to The Legislative Assembly Act being
introduced at this session and no returning officer has been appointed,
the local sheriff acts as returning officer.
101
BILL 101 1962-63
An Act to amend The Election Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 1 of section 19 of The Election Act is amended ^ijg" s^fg'
by inserting after "Council" in the second line "or any other »^|j^J'^
person authorized to issue a writ of election", so that the sub-
section, exclusive of the clauses, shall read as follows:
(1) Where an election is to be held, the Lieutenant N^o"^i'^ation
Governor in Council or any other person authorized
to issue a writ of election may appoint a day for the
nomination of candidates, which day shall be,
2. Section 24 of The Election Act is amended by adding ^-^j^- ^^l^'
thereto the following subsection: amended
(8) Where a writ of election is issued under subsection 2 J^tifrning
of section 28 of The Legislative Assembly Act, if there ^^'^J'^^jj^g^j
is no returning officer for the electoral district, then r.s.o. i960,
the writ of election may be addressed and directed °" ^^^
to the sheriff of any county in which any portion of
the electoral district is located, and the sheriff shall
thereupon assume all the duties of a returning officer
for the electoral district.
3. This Act comes into force on the day it receives Royal ^ent"*"*^*'
Assent.
4. This Act may be cited as The Election Amendment Act, Short title
1962-63.
101
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BILL 102
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to provide for
the Disclosure of the Cost of Credit
Mr. Wintermeyer
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Il> ^li-
Explanatory Note
The Bill requires a creditor to deliver to his debtor a statement of all
the costs payable by the debtor in respect of the credit extended, and the
creditor forfeits the right to recover any costs not shown in the statement.
102
BILL 102
1962-63
An Act to provide for
the Disclosure of the Cost of Credit
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act,
Interpre-
tation
(a) "cost of credit" means,
(i) where the credit arises from the loan of money
advanced, the total amount that the debtor
agrees to pay to or to the credit of the creditor
in respect of the loan, less the amount of
money actually advanced under the loan, or
(ii) where the credit arises in the purchase of real
or personal property, the total amount that the
debtor agrees to pay to or to the credit of the
creditor in respect of the purchase, less the
actual purchase price of the property;
(b) "credit" means the right to recover payment of a
loan of money advanced or to recover the amount
remaining unpaid for real or personal property
purchased where payment therefor in full is not made
at the time of the purchase.
2.— (1) Before credit is extended, the creditor shall deliver ff^^T of *
to the debtor a statement of the cost of the credit showing, credit
(a) the amount of money advanced or purchase price
remaining unpaid;
(b) the total amount payable as interest over the term
of the credit if the debtor makes the minimum pay-
ments to which he has agreed, expressed as a sum of
money ;
102
2
(c) the amount of any bonus payable by the debtor;
{d) the amount of any cost, charge, fee or other expense
payable by the debtor; and
{e) any other amount that the debtor agrees to pay in
respect of the credit.
of^icovery 0-) The Creditor shall not recover and the debtor is not
°l °^^l\i* liable to pay any cost of credit that is not shown on the state-
oi credit j i • i • • t i
ment delivered in accordance with subsection 1.
Short title 3, xhis Act may be cited as The Cost of Credit Act, 1962-63.
102
w 1ff-rfi Explanatory Notes 'SrTvrrs: n
Sections 1 and 3. The purpose of these amendments is to exclude
deputy fire chiefs, in addition to fire chiefs, from the collective bargaining
procedures of the Act.
Section 2. The purpose of these amendments is to reduce the
maximum work week of full-time fire fighters from the present 56 hours
to 48 hours commencing in 1964.
103
I
BILL 103 1962-63
An Act to amend The Fire Departments Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 1 of The Fire Departments Act is amended by ^•^4^-^^5*''
relettering clause a as clause aa and by adding thereto the ^'^^'^^i^d
following clause:
(a) "deputy chief" means a person who has been
appointed by the council of the municipality to act
in the place of the chief of the fire department in his
absence or in the case of a vacancy in the office.
2.— (1) Clause c of subsection 1 of section 2 of The Firef/fSll^T!'
Departments Act is repealed and the following substituted re-enacted '^'
therefor :
(c) any other system of platoons or hours of work under ^'^^^JJ^^^i^®
which the maximum hours of work or hours on duty
on the average in any work week are not more than
fifty-six hours up to and including the 31st day of
December, 1963, and are not more than forty-eight
hours thereafter.
(2) Subsection 3 of the said section 2 is repealed and the ^145; l^l^'
following substituted therefor: re-enacted
(3) No full-time fire fighter shall be required to be on Maximum
duty on the average in any work week more than
fifty-six hours up to and including the 31st day of
December, 1963, and not more than forty-eight hours
thereafter.
3. Subsection 1 of section 5 of The Fire Departments -^ctf'f^-^^^^'
is amended by inserting after "chief" in the seventh line subs, i
"and the deputy chief", so that the subsection shall read as
follows :
103
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BILL 103
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Fire Departments Act
Mr. Cass
{Reprinted as amended by the Committee on Legal Bills)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Sections 1 and 3. The purpose of these amendments is to exclude
deputy fire chiefs, in addition to fire chiefs, from the collective bargaining
procedures of the Act.
Section 2. The purpose of these amendments is to reduce the
maximum work week of full-time fire fighters from the present 56 hours
to 48 hours commencing in 1964,
103
BILL 103
1962-63
An Act to amend The Fire Departments Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 1 of The Fire Departments Act is amended by RS-O. i960,
relettering clause a as clause aa and by adding thereto theamendeci
following clause:
(a) "deputy chief" means the one person who has been
appointed by the council of the municipality to act
in the place of the chief of the fire department in his
absence or in the case of a vacancy in the office.
2. — (1) Clause c of subsection 1 of section 2 of The Fire^f\^- 1^^^'
^ ' C. 145, 8. 2,
Departments Act is repealed and the following substituted subs. ici. c,
, r re-enacted
therefor:
(c) any other system of platoons or hours of work under Alternative
which the maximum hours of work or hours on duty
on the average in any work week are not more than
fifty-six hours up to and including the 31st day of
December, 1963, and are not more than forty-eight
hours thereafter.
(2) Subsection 3 of the said section 2 is repealed and thec.i45,'s. 2, '
following substituted therefor: re-enacted
(3) No full-time fire fighter shall be required to be on Maximum
duty on the average in any work week more than
fifty-six hours up to and including the 31st day of
December, 1963, and not more than forty-eight hours
thereafter.
3. Subsection 1 of section 5 of The Fire Departments -^c/^-^^o- 1^^^^.
is amended by inserting after "chief" in the seventh lir^^l^gnl^d
"and the deputy chief", so that the subsection shall read as
follows :
103
Bargaining (1) When requested in writing by a majority of the full-
time fire fighters, the council of the municipality
shall within 120 days after receipt of the request
commence to bargain in good faith with a bargaining
committee of the full-time fire fighters for the purpose
of defining, determining and providing for remunera-
tion, pensions or working conditions of the full-time
fire fighters other than the chief and the deputy chief
of the fire department.
Commence- 4, This Act comes into force on the dav it receives Royal
ment ' ■'
Assent.
Short title 5, This Act may be cited as The Fire Departments Amend-
ment Act, 1962-63.
103
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BILL 103
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Fire Departments Act
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Bargaining (1) When requested in writing by a majority of the full-
time fire fighters, the council of the municipality
shall within 120 days after receipt of the request
commence to bargain in good faith with a bargaining
committee of the full-time fire fighters for the purpose
of defining, determining and providing for remunera-
tion, pensions or working conditions of the full-time
fire fighters other than the chief and the deputy chief
of the fire department.
Commence- 4., fhis Act comes into force on the day it receives Royal
Assent.
Short title 5, This Act may be cited as The Fire Departments Amend-
ment Act, 1962-63.
103
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BILL 104
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Fire Marshals Act
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The amendments adopt the procedure under The Emergency Measures
Act, 1962-63 for declaring an emergency for the purpose of invoking the
emergency provisions for fire services.
104
BILL 104 1962-63
An Act to amend The Fire Marshals Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Clause a of section 1 of The Fire Marshals Act, as enacted R.s.o. i960,
c. 148 s 1
by section 1 of The Fire Marshals Amendment Act, 1961-62, ci. a ' '
is repealed and the following substituted therefor: c. 44, s. i).
re-enacted
(a) "emergency" means an emergency as defined in Z'/ie 1962-63,
Emergency Measures Act, 1962-63.
2. Subsection 1 of section ia of The Fire Marshals Act, as^^S-O. i960,
enacted by section 2 of The Fire Marshals Amendment Act, (i96i-62,
inAi <o ' 1 J 'c.44,s.2),
1961-62, is repealed. subs. 1,
repealed
3. This Act comes into force on the day it receives Royal Commence-
Assent.
4. This Act may be cited as The Fire Marshals Amendment Short title
Act, 1962-63.
104
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BILL 104
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Fire Marshals Act
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 104
1962-63
An Act to amend The Fire Marshals Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Clause a of section 1 of The Fire Marshals Act, as enacted R.s.o. i960,
by section 1 of The Fire Marshals Amendment Act, 1961-62, ci.^a^' ^' ^'
is repealed and the following substituted therefor: c^44^8.^i).
re-enacted
(a) "emergency" means an emergency as defined in Thei962-63,
Emergency Measures Act, 1962-63. ^
2. Subsection 1 of section Za of The Fire Marshals Act, asRs.o. i960,
enacted by section 2 of The Fire Marshals Amendment Act, (i96i-62,
1961-62, is repealed. subs.' i,' '
repealed
3. This Act comes into force on the day it receives Royal Commence-
Assent.
4. This Act may be cited as The Fire Marshals Amendment Short title
Act, 1962-63.
104
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BILL 105
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to provide for the Establishment
of an Ontario Food Council
Mr. Stewart
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
fioi J Tie
Explanatory Note
The Bill provides for the establishment of The Ontario Producers,
Processors, Distributors and Consumers Food Council and sets out its
objects.
105 ^
BILL 105 1962-63
An Act to provide for the Establishment
of an Ontario Food Council
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, interpre-
tation
(a) "agricultural food product" means any article of
food or drink designated in the regulations as an
agricultural food product;
(b) "agricultural product" means any natural product
of agriculture produced in Ontario, and includes any
article of food or drink, manufactured or derived in
whole or in part from any natural product of agricul-
ture, that is designated in the regulations as an
agricultural product;
(c) "Food Council" means The Ontario Producers,
Processors, Distributors and Consumers Food Coun-
cil:
(d) "Minister" means the Minister of Agriculture;
(e) "regulations" means the regulations made under
this Act.
2. — (1) There shall be a council to be known as "The The Ontario
Ontario Producers, Processors, Distributors and Consumers Processors',
Food Council" which shall consist of not fewer than five and '^
members appointed by the Lieutenant Governor in Council. Food""^^™
Council
(2) The Lieutenant Governor in Council may designate one Chairman,
of the members as chairman and one as vice-chairman of the chairman
Food Council.
(3) A majority of the members of the Food Council con- Quorum
stitutes a quorum.
105
Council (^^ ^^^ Food Council shall be composed of sections, in-
composed eluding,
of sections °
(a) a fresh and processed fruit and vegetable products
section ;
(b) a dairy and poultry products section ;
(c) a meat products section ; and
(d) a cereal grains products section.
Officers (5) Yhe Lieutenant Governor in Council may appoint
employees guch officers, clerks and employees as are necessary for the
conduct of the affairs of the Food Council.
Expenses
Minister
may
designate
persons in
public
service of
Ontario to
assist Food
Council
(6) The members of the Food Council shall receive such
expenses as the Lieutenant Governor in Council determines.
(7) In the administration of its affairs, the Food Council
may be assisted by such persons in the public service of
Ontario as the Minister designates for the purpose.
Food Council 3, Xhg Food Council may engage the services of such per-
may engage . .7 » » r , t- ,
services of sons as are required to carry out the objects of the rood
persons /^ m
Council.
Objects of
Food
Council
4. The objects of the Food Council are,
(a) to promote methods of ensuring the orderly marketing
of agricultural products and agricultural food prod-
ucts ;
(b) to conduct studies of and make reports on crop
conditions, import and export markets, domestic
markets, tariffs and methods of distribution and sale
of agricultural products and agricultural food prod-
ucts;
(c) to promote research into the development of markets
for agricultural products and agricultural food
products ;
(d) to stimulate the advertising and promotion of agri-
cultural products and agricultural food products;
(e) to inquire into and report to the Minister on
measures and projects referred to it by the Minister;
and
105
(/) to advise the Minister on matters relating to the
development of markets for agricultural products
and agricultural food products.
5. Subject to the approval of the Minister, the Food Po^^^rs of
Council may, ^ --. council
(a) promote and co-ordinate campaigns to market sur-
pluses of agricultural products and agricultural food
products;
(b) enter into arrangements with any person, partner-
ship or corporation engaged in producing, processing
or manufacturing one or more agricultural products
or agricultural food products for the purpose of
assisting the person, partnership or corporation in
carrying out programmes for the development of
markets for agricultural products and agricultural
food products;
(c) transact any business necessary for or incidental to
any matter under clause a or b. •
6. — (1) The Food Council shall conduct such investigations ip^estiga-
as the Lieutenant Governor in Council approves into matters
relating to the producing, distributing, processing and handling
of agricultural products or agricultural food products.
(2) For the purposes of carrying out an investigation ^j^^®^^°*"
under subsection 1, the chairman or vice-chairman has all the^ice-
. • 1 T^7 chairman in
powers that may be conferred upon a commissioner under i«g investigation
Public Inquiries Act. Jfa?' ^^^°'
(3) The Food Council may receive complaints and collect J^ade^*'^^'''^
data respecting trade practices in the food industry that it Practices
deems undesirable and take such steps as are necessary to
bring these practices to the notice of the person or persons
concerned, and, for the purpose of effecting the discontinuance
of such undesirable trade practices, may co-operate with any
branch or agency of the Government of Canada or the
Government of Ontario.
Food
Council
7. The Food Council may recommend to the Agricultural Ji^^^j^jj^gj^^j
Research Institute of Ontario projects of research that assist projects to
1 • fi-i ri-A Agricultural
in the carrving out oi the intent and purpose of this Act. Research
'^ 1- f Institute of
Ontario
8. — (1) The Minister, upon the recommendation of the Grants
Food Council, may make grants for the purpose of carrying out
the objects of the Food Council to any agency, corporation,
105
organization, partnership or person engaged in the marketing
or distributing of agricultural products or agricultural food
products.
Idem (2) The grants referred to in subsection 1 are payable out
of the moneys appropriated therefor by the Legislature.
Annual 9. — (1) The Food Council shall make a report annually to
the Minister, including a report on its activities and a financial
statement certified by the Provincial Auditor and such other
matters relating to the work of the Food Council as the
Minister requires.
Tabling (2) A copy of the report shall be filed with the Minister who
shall submit the report to the Lieutenant Governor in Council
and shall then lay the report before the Assembly if it is in
session or, if not, at the next ensuing session.
Fiscal year jq^ -pj^^ fiscal year of the Food Council commences on the
1st day of April in each year and ends on the 31st day of
March in the following year.
Regulations ^^^ ^he Lieutenant Governor in Council may make regu-
lations,
(a) designating any article of food or drink as an agri-
cultural food product;
(b) designating any article of food or drink, manu-
factured or derived in whole or in part from any
natural product of agriculture, as an agricultural
product;
(c) providing for the payment of grants and prescribing
the terms and conditions thereof;
(d) respecting any matter necessary or advisable to carry
out effectively the intent and purpose of this Act.
ment"^'^'^ 12. This Act comes into force on the day it receives Royal
Assent.
Short title
13. This Act may be cited as The Ontario Producers, Pro-
cessors, Distributors and Consumers Food Council Act, 1962-63.
105
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BILL 105
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to provide for the Establishment
of an Ontario Food Council
Mr. Stewart
TORONTO
Printkd and Published by Frank Fogg, Queen's Printer
BILL 105
1962-63
An Act to provide for the Establishment
of an Ontario Food Council
HER Mi\JESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act,
(a) "agricultural food product" means any article of
food or drink designated in the regulations as an
agricultural food product;
(b) "agricultural product" means any natural product
of agriculture produced in Ontario, and includes any
article of food or drink, manufactured or derived in
whole or in part from any natural product of agricul-
ture, that is designated in the regulations as an
agricultural product;
(r) "Food Council" means The Ontario Producers,
Processors, Distributors and Consumers Food Coun-
cil;
(d) "Minister" means the Minister of Agriculture;
(e) "regulations" means the regulations made under
this Act.
Interpre-
tation
2. — (1) There shall be a council to be known as "The 'I'he Ontario
i-w • r. 1 T^ T^- •! « A-> Producers,
Ontario Producers, Processors, Distributors and Consumers Processors,
Food Council" which shall consist of not fewer than five and
members appointed by the Lieutenant Governor in Council, pood"'"^'^^
Council
(2) The Lieutenant Governor in Council may designate one^^|^^'"^">
of the members as chairman and one as vice-chairman of the chairman
Food Council.
(3) A majorit> of the members of the Food Council con- Quorum
stitutes a quorum.
105
Food
Council
composed
of sections
(4) The Food Council shall be composed of sections, in-
cluding,
(a) a fresh and processed fruit and vegetable products
section ;
(b) a dairy and poultry products section ;
(c) a meat products section; and
(d) a cereal grains products section.
Officers
and
(5) The Lieutenant Governor in Council may appoint
employees such officers, clerks and employees as are necessary for the
conduct of the affairs of the Food Council.
Expenses (^) f j^g members of the Food Council shall receive such
expenses as the Lieutenant Governor in Council determines.
(7) In the administration of its affairs, the Food Council
Minister
may
designate
persons in
service of '"^^^ ^^ assisted by such persons in the public service of
Ontario to Ontario as the Minister designates for the purpose.
assist Food
Council
Food Council 3. Xhe Food Council mav engage the services of such per-
may engage . ., u • ^ r ^i i- j
services of sons as are required to carrv out the objects oi the rood
persons /". m
Council.
Objects of
Pood
Council
4. Tiie objects of the Food Council arc,
(a) to promote methods of ensuring the orderly marketing
of agricultural products and agricultural food prod-
' ucts;
(b) to conduct studies of and make reports on crop
conditions, import and export markets, domestic
markets, tariffs and methods of distribution and sale
of agricultural products and agricultural food prod-
ucts;
(c) to promote research into the development of markets
for agricultural products and agricultural food
products;
(d) to stimulate the advertising and promotion of agri-
cultural products and agricultural food products;
(e) to inquire into and report to the Minister on
measures and projects referred to it by the Minister;
and
105
(/) to advise the Minister on matters relating to the
development of markets for agricnltural prodncts
and agricultural food products.
5. Subject to the approval of the Minister, the I'^ood Powers •/
Council may, council
(a) promote and co-ordinate campaigns to market sur-
pluses of agricultural products and agricultural food
products;
(/;) enter into arrangements with any person, partner-
ship or corporation engaged in producing, processing
or manufacturing one or more agricultural products
or agricultural food products for the purpose of
assisting the person, partnership or corporation in
carrying out programmes for the development of
markets for agricultural products and agricultural
food products;
(c) transact any business necessary for or incidental to
any matter under clause a or h.
O. — (1) The l''of)d Council shall conduct such investigations '"^'^stiga-
as the Lieutenant Governor in Council approves into matters
relating to the producing, distributing, processing and handling
of agricultural products or agricultural food products.
(2) For the purposes of carrying out an investigation ^j^^j®^^^*^
under subsection 1, the chairman or vice-chairman has all the'^i^'^'
powers that mav be conferred upon a commissioner under 7 //e investigation
Public Inquiries A d. J-fs?' ^^*^'®-
(3) 'I'he l^ood Council may receive comj^laints and collect Sadr'*^^*'**
data respecting trade practices in the food industry that it p'"''^'"''''®^
deems undesirable and take such steps as are necessary to
bring these practices to the notice of the jx'rson or persons
concerned, and, for the purpose of effecting the discontinuance
of such undesirable trade practices, may co-operate with any
branch or agency of the (iovermnent of Canada or the
Govennnent of Ontario.
Food
Council
7. The Food Council nia\' recommend to the Agricultural J.g^^„^jj^g„^
Research Institute of Ontario projects of research that «issist P^oje^cts j,o^^
in the carrving out of the intent and purpose of this .'Xct. Reseamh
'^ ' ' Institute of
Ontario
8. — (1) The Minister, upon the recommendation of the^'''ants
Food Council, may make grants for the purpose of carrying out
the objects of the I'ood Council to any agenc\ , corporation,
105
Idem
Annual
report
Tabling
Fiscal year
Regulations
organization, partnership or person engaged in the marketing
or distributing of agricultural products or agricultural food
products.
(2) The grants referred to in subsection 1 are payable out
of the moneys appropriated tiierefor by the Legislature.
9. — (1) The Food Council shall make a report annually to
the Minister, including a report on its activities and a financial
statement certified by the Provincial Auditor and such other
matters relating to the work of the Food Council as the
Minister retjuires.
(2) A cop\' of the report shall be filed with the Minister who
shall submit the report to the Lieutenant Governor in Council
and shall then lay the report before the Assembly if it is in
session or, if not, at the next ensuing session.
10. The fiscal year of the Food Council commences on the
1st day of April in each year and ends on the 31st day of
March in the following year.
11. The Lieutenant Governor in Council may make regu-
lations,
(a) designating any article of food or drink as an agri-
cultural food product;
(b) designating any article of food or drink, manu-
factured or derived in whole or in part from any
natural product of agriculture, as an agricultural
product:
(c) providing for the payment of grants and prescribing
the terms and conditions thereof;
Commence-
ment
(d) respecting any matter necessary or advisable to carry
out effectively the intent and purpose of this Act.
12. This Act comes into force on the day it receives Ro\al
Assent.
Short title
13. Til is Act may be cited as The Ontario Producers, Pro-
cessors, Distributors and Consumers Food Council Act, 1962-63.
105
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BILL 106
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Farm Products Marketing Act
Mr. Stewart
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
ri in ill I '..
Explanatory Notes
Section 1 — Subsection 1. "Marketing" is redefined for purposes of
clarification.
Subsection 2. As marketing is carried out entirely by local boards,
marketing agencies are no longer in existence and the definition of marketing
agency is therefore deleted.
Subsection 3. Complementary to section 4 of this Bill.
Section 2. The provision is re-enacted to include in the purpose and
intent of the Act the control and regulation of the marketing of a regulated
product and, where a plan is amended, the regulation and control of the
producing of the regulated product.
106
BILL 106 1962-63
An Act to amend •
The Farm Products Marketing Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Clause e of section 1 of The Farm Products Marketing ^fo^' g^f ^'
Act is repealed and the following substituted therefor: ci- «. ' '
^ re-enacted
(e) "marketing" means buying, selling and offering for
sale, and includes advertising, financing, assembling,
storing, packing and shipping and transporting in
any manner by any person, and "market" and
"marketed" have corresponding meanings.
R.S.O. I960,
(2) Clause /of the said section 1 is repealed. oi./^'^' ^* ^'
repealed
(3) Clause h of the said section 1 is repealed and the follow- ^/f^' Iff^'
ing substituted therefor : rie^nacted '
(A) "plan" means a plan to provide for the control and
regulation of the marketing of a farm product that
is in force under this Act, and includes a scheme
approved under any predecessor of this Act.
2. Section 2 of The Fartn Products Marketing Act is repealed ^'f^' gff^'
and the following substituted therefor: re-enacted'
2. The purpose and intent of this Act is, of^Aa^^
(a) to provide for the control and regulation in
any or all respects of the marketing within
Ontario of farm products; and
(b) where a plan established under this Act for
control and regulation of the marketing of a
regulated product is amended to provide for
control and regulation in any or all respects of
106
the producing of the regulated product, to
provide for control and regulation in any or
all respects of the producing and marketing
within Ontario of the regulated product,
including the prohibition of such marketing or such
producing and marketing, as the case may be, in
whole or in part.
?"i37" 8^4^' ^' — (^) Clause aa of subsection 1 of section 4 of The Farm
subs, i, Products Marketing Act, as enacted by section 1 of The Farm
(1961-62, Products Marketing Amendment Act, 1961-62, is repealed and
re-enacted' the following substituted therefor:
{aa) investigate any matter relating to the producing,
marketing or processing of a regulated product;
{ah) after a hearing, prohibit a person engaged in market-
ing a regulated product from terminating or varying,
without just cause, the buying or the selling, as the
case may be, of the regulated product.
c!i37,' 8.^4?' (2) Clause e of subsection 1 of the said section 4 is repealed
re-enacted '' ^"^ *^^ following substituted therefor:
(e) appoint persons to inspect the books, records, lands
and premises and any regulated product of persons
engaged in the marketing of the regulated product;
{ea) appoint persons to inspect,
(i) the books and records,
(ii) the lands and premises,
(iii) any flue-cured tobacco, and
(iv) any growing plants or other development in
the producing of flue-cured tobacco,
of persons engaged in the producing of flue-cured
tobacco.
Si37,' l^T,' (-5) Clause a of subsection 4 of the said section 4 is repealed
re-enatted "' ^"^ the following substituted therefor:
(a) providing for the filing by each local board with the
Board of true copies of,
(i) minutes of all meetings of the local board,
106
Section 3 — Subsection 1. The powers of the Board with respect to
investigations and the prohibition of the buying and selling of a regulated
product are clarified.
Subsection 2. The powers of the Board in regard to the appointment
of inspectors are extended and clarified.
Subsections 3 and 4. The amendments are complementary to sub-
section 2 of section 1 of this Bill.
106
Section 4. Section 5 of the Act is re-enacted to provide for the
Board to recommend to the Minister the establishment of a plan for the
control and regulation of the marketing of a farm product and the amend-
ment of a plan or the regulations under a plan.
Section 5 — Subsection 1. The new clause aa permits regulations to
be made amending a plan established for the control and regulation of the
marketing of a regulated product to provide for the control and regulation
of the producing of the regulated product under the plan.
106
3
(ii) all by-laws of the local board,
(iii) all orders and directions of the local board,
(iv) all reports of annual operations of the local
board,
(v) all annual financial statements and audited
reports of the local board, and
(vi) such further statements and reports as the
Board requires from the local board.
(4) Subclauses i and ii of clause b of subsection 4 of the said ^fgy" \^^'
section 4 are repealed and the following substituted therefor: subs. 4,^ ci.' 6,
re-enacted
(i) the furnishing to producers of a regulated product of
copies of the annual statement of operations and the
financial report of each local board, and
(ii) the publication of the annual statement of operations
and the financial report of each local board ; and
4. Section 5 of The Farm Products Marketing Act is repealed ^f^' gfl^'
and the following substituted therefor: re-enacted
5. — (1) Where the Board receives from a group of pro- Petitio|»
ducers in Ontario or any part thereof a petition or
request asking that a plan be established for the
control and regulation of the marketing of a farm
product or any class or part thereof and the Board
is of the opinion that the group of producers is
representative of the persons engaged in the pro-
duction of the farm product or class or part thereof,
the Board may reconmiend the establishment of such
plan to the Minister.
(2) Where the Board receives from a local board a re(iuest^'^"l®j^^'^®'^*
that amendment be made to the plan or to regula-
tions under the plan under which the local board is
constituted, the Board may recommend such amend-
ment to the Minister.
5. — (1) Subsection 1 of scc:tion 6 of The Farm Products ^f ^91^^^'
, C. lo / , B* 0»
Marketing Act is amended by adding thereto the foUowmgsubs. i.
clause:
(aa) amending any plan that is established for the control
and regulation of the marketing of a regulated
106
product to provide for the control and regulation in
any or all respects of the producing within Ontario
or any part thereof of the regulated product under
the plan.
fl'isi'. 8.^6?' (2) Clause b of subsection 1 of the said section 6 is repealed
re-enacted *' ^"^ ^^^ following substituted therefor:
(b) defining any word or words for the purpose of any
plan.
c!*i37* s.^6?' (^) Clause / of subsection 1 of the said section 6 is repealed
re-enacted "^'' ^'^^ ^^^ following substituted therefor:
(/) notwithstanding any other Act, providing for,
(i) the carrying out by the Board or a trustee of
any or all of the powers of a local board,
(ii) the vesting of the assets of a local board in
the Board or a trustee, and
(iii) the disposing of any or all of the assets of a
local board in such manner as is prescribed,
and, where any regulation made under this clause is
in conflict with any by-law of the local board, the
regulation prevails.
c!^'i3?.' 8.^6?' (^) Subsection 2 of the said section 6 is repealed and the
re-enacted following substituted therefor:
ofplan^^^^ (2) A plan may apply to all of Ontario or to any area
within Ontario and may apply to one or more farm
products or any part, class, variety, grade or size of
farm product, including any part or class of farm
product produced or marketed for a particular
purpose, and to any or all persons engaged in pro-
ducing or marketing one or more farm products or
any part, class, variety, grade or size of farm product,
including any part or class of farm product produced
or marketed for a particular purpose.
S'lST.'s.^i?' 6.— (1) Subsection 1 of section 8 of The Farm Products
amended Marketing Act is amended by striking out "marketed locally
within Ontario" in the second and third lines, so that the
subsection, exclusive of the paragraphs, shall read as follows:
Regulations ^^ ^he Board may make regulations generally or with
respect to any regulated product,
106
Subsection 2. The clause is re-enacted for purposes of clarification.
Subsection 3. Clause / is re-enacted in order to delete references to
marketing agency.
Subsection 4. The intent is clarified.
Section 6 — Subsections 1, 2, 3. The amendments are for the purpose
of clarification.
106
Subsection 4. The powers of the Board to make regulations are
clarified and extended.
106
(2) Paragraph 7a of subsection 1 of the said section 8, as^-^^^- i^l*'-
enacted bv section 2 of The Farm Products MarketinQ Amend- s^^^- i.
ment Act, 1961-62, is repealed and the following substituted (i96i-62,
therefor: re-enacted'
la. requiring any person who produces and processes a
regulated product to furnish to the Board or the local
board statements of the amounts of the regulated
product that he produced in any year and used for
processing.
(3) Paragraph 9 of subsection 1 of the said section 8 is^f37g^g^'
repealed and the following substituted therefor: par^g''^'
re-enacted
9. providing for the exemption from any or all of the
regulations, orders or directions under any plan of
any class, variety, grade or size of regulated product,
or any person or class of persons engaged in the
producing or marketing of the regulated product or
any class, variety, grade or size of regulated product.
(4) Paragraph 11 of subsection 1 of the said section 8 is ^137; gf I?'
repealed and the following substituted therefor: par^ii'
re-enacted
11. providing for the control and regulation of the pro-
ducing of flue-cured tobacco, including the times and
places at which flue-cured tobacco may be produced ;
11a. providing for,
(i) the marketing of a regulated product on a
quota basis,
(ii) the fixing and allotting to persons of quotas
for the marketing of a regulated product on .\(,
such basis as the Board deems proper,
(iii) the refusing to fix and allot to any person a
quota for the marketing of a regulated
product for any reason that the Board deems
proper, and
(iv) the reducing of, or the refusing to increase,
a quota fixed and allotted to any person for
the marketing of a regulated product for any
reason that the Board deems proper;
116. prohibiting,
(i) any person to whom a quota has not been
fixed and allotted for the marketing of a
regulated product from marketing any of the
regulated product,
106
(ii) any person to whom a quota has been fixed
and allotted for the marketing of a regulated
product from marketing any of the regulated
product in excess of such quota, and
(iii) any person to whom a quota has been fixed
and allotted for the marketing of a regulated
product produced on land in respect of which
such quota was fixed and allotted from
marketing any of the regulated product other
than the regulated product produced on such
land.
o"i37'sf8^' (^) Paragraph 14 of subsection 1 of the said section 8 is
6ub8. 1, amended by striking out "or marketing agency" in the
amended second line, so that the paragraph shall read as follows:
14. notwithstanding any other Act, providing that no
local board shall make grants or other like payments
of money to any person or association or body of
persoiis without the approval of the Board.
^'i37.' s.^8?* (6) Subsection 1 of the said section 8 is further amended by
amended adding thereto the following paragraph :
19a. requiring that no charges, costs or expenses relating
to the production or marketing of the regulated
product shall be made other than such charges, costs
or expenses as are provided in the agreement or
award or re-negotiated agreement or award in force
for the marketing of the regulated product. |
^'iST.'s.^i? (7) Paragraph 20 of subsection 1 of the said section 8 is
parf2o' repealed and the following substituted therefor:
re-enacted
20. authorizing any local board to conduct a pool or
pools for the distribution of all moneys received
from the sale of the regulated product and requiring
such local board, after deducting all necessary and
proper disbursements and expenses, to distribute the
remainder of the moneys received from the sale in
such manner that every producer receives a share of
the remainder of the moneys received from the sale
in relation to the amount, class, variety, grade and
size of the regulated product delivered by him, and
authorizing such local board to make an initial pay-
ment on delivery of the regulated product and sub-
sequent payments until all of the remainder of the
moneys received from the sale is distributed to the
producers.
106
Subsection 5. Complementary to subsection 2 of section 1 of this Bill.
Subsection 6. The amendment provides that the only costs for
marketing are those provided in the agreement or award that is in force.
Subsection 7. The amendment is for purposes of clarification and is
also complementary to subsection 2 of section 1 of this Bill.
106
Subsection 8. The amendment makes it clear that a local board can
sue to recover prices owing to producers.
Subsection 9. Complementary to subsection 2 of section 1 of this
Bill.
Subsection 10. The paragraph repealed authorized the Board to make
regulations prescribing the percentages of votes required under section 5
of the Act. Section 5 of the Act, as re-enacted by section 4 of this Bill,
does not refer to the holding of a plebiscite. The new paragraph authorizes
the Board to make regulations providing for the holding of a plebiscite.
Subsection 11. Complementary to subsection 2 of section 1 of this
Bill.
Subsection 12. Paragraph 28 is re-enacted to clarify its intent. The
new paragraphs 28a and 286 extend the Board's authority to make regula-
tions.
106
I
(8) Paragraph 21 of subsection 1 of the said section 8 is^-^^^- i^l^-
amended by adding at the end thereof "and to recover such subs. i.
. , * . . , ..,..,, par. 21,
price or prices by suit in a court oi competent jurisdiction , amended
so that the paragraph shall read as follows:
21. authorizing any local board to require the price or
prices payable or owing to the producers for the
regulated product to be paid to or through the local
board and to recover such price or prices by suit in
a court of competent jurisdiction.
(9) Paragraph 22 of subsection 1 of the said section 8 is^is^* g^|^'
amended by striking out "except where a marketing agency ^^^'^^ui-
has been designated for the marketing of a regulated product" amended
in the first and second lines, so that the paragraph shall read
as follows:
22. authorizing any local board to prohibit the marketing
of any class, variety, grade or size of any regulated
product.
(10) Paragraph 25 of subsection 1 of the said section 8 is ^fg^; g_^8°-
repealed and the following substituted therefor: !>"^^ok'
re-enacted
25. providing for the holding of a plebiscite of producers
upon a question of favour of a plan or amendment of
a plan or any matter respecting the marketing of a
regulated product.
(11) Paragraphs 26 and 27 of subsection 1 of the said ^fg'^; ^,^|^'
section 8 are repealed. ^^- i^ 27
repealed
(12) Paragraph 28 of subsection 1 of the said section 8 is ^-^g^. i960,
repealed and the following substituted therefor: ^"^^v,!'
par. 2o,
re-enacted
28. providing for the holding of public hearings on
matters respecting the operation of any plan or the
holding of a plebiscite of producers;
28a. requiring any person who produces a regulated
product to offer to sell and to sell the regulated
product through the local board constituted to
administer the plan under which the regulated
product is regulated ;
286. prohibiting any person from processing, packing or
packaging any of the regulated product that has not
been sold by or through the local board constituted
to administer the plan established for control and
regulation of the marketing of the regulated product.
106
8
R.S.O. 1960,
o. 137, 8. 8,
subs. 2,
cl. a,
amended
(13) Clause a of subsection 2 ot the said section 8 is amended
by inserting after "may" in the second line "notwithstanding
any defect in the establishment of the negotiating agency or
the board of arbitration, as the case may be", so that the
clause shall read as follows:
{a) shall be filed with the Board forthwith after the
making thereof and the Board may, notwithstanding
any defect in the establishment of the negotiating
agency or the board of arbitration, as the case may
be, by order declare the agreement or award or re-
negotiated agreement or award or part thereof to
come into force on the day it is so filed or on such
later day as is named in the agreement or award or
re-negotiated agreement or award, as the case may
be, and, subject to clause h, shall remain in force for
one year or for such period as is provided in the
agreement or award or re-negotiated agreement or
award; and
0^137' 8.^8^' (1^) Subsection 5 of the said section 8 is amended by
amended Striking out "paragraphs 1 to 12 of" in the second line, so
that the subsection shall read as follows:
Delegation
of powers
to local
board
(5) The Board may delegate to a local board such of its
powers under subsection 1 as it deems necessary,
and may at any time terminate such delegation.
R.S.O. I960,
c. 137. 8. 9,
subs. 1,
amended
7. — (1) Subsection 1 of section 9 of The Farm Products
Marketing Act is amended by striking out "marketing agency"
in the second line and in the third line and inserting in lieu
thereof in each instance "local board" and by striking out
"locally within Ontario" In the fifth line, so that the subsec-
tion, exclusive of the clauses, shall read as follows:
Regulations
vesting
powers in
local board
(1) The Board may make regulations vesting in any
local board any powers that the Board deems
necessary or advisable to enable such local board
effectively to promote, regulate and control the
marketing of the regulated product, and, without
limiting the generality of the foregoing, may make
regulations.
R.S.O. I960,
0. 137. 8, 9,
subs. 1, cl. a,
amended
(2) Clause a of subsection 1 of the said section 9 is amended
by striking out "marketing agency designated under para-
graph 26 of subsection 1 of section 8" in the first and second
lines and Inserting in lieu thereof "local board", so that the
clause, exclusive of the subclauses, shall read as follows:
106
Subsection 13. The amendment clarifies the authority of the Board
to declare in force an agreement or award.
Subsection 14. The amendment permits the Board to delegate to a
local board any of its powers to make regulations.
Section 7 — Subsection 1. The amendment is for purposes of clarifica-
tion and is also complementary to subsection 2 of section 1 of this Bill.
Subsections 2, 3, 4 and 5. Complementary to subsection 2 of section 1
of this Bill.
106
Subsection 6. The amendment permits a local board to deduct its
expenses from service charges and to pay the remainder to the producers.
Subsections 7 to 14. The amendments are for purposes of clarification
and are also complementary to subsection 2 of section 1 of this Bill.
106
(a) vesting in any local board any or all of the following
powers :
(3) Subclause v of clause a of subsection 1 of the said c."i37.'s. 9, '
section 9 is repealed and the following substituted therefor: lubci/v°'" "'
re-enacted
(v) to fix and impose service charges from time to time
for the marketing of the regulated product.
(4) Subclause vi of clause a of subsection 1 of the said ^-^g^- ^^l^'
section 9 is amended by striking out "marketing agency" ins^bs. i. ci.'a,
the third line and inserting in lieu thereof "local board", so amended
that the subclause shall read as follows:
(vi) to require the price or prices payable or owing to
the producer for the regulated product to be paid
to or through the local board.
(5) Subclause viii of clause a of subsection 1 of the said ^•^g'^- ^^|*^'
section 9 is amended by striking out "marketing agency" insubs. i, ci.'a.
the third line and inserting in lieu thereof "local board", so amended '
that the subclause shall read as follows:
(viii) to purchase or otherwise acquire such quantity or
quantities of the regulated product as the local board
deems advisable.
(6) Clause a of subsection 1 of the said section 9 is further c. 137 'a.^E?'
amended by adding thereto the following subclauses: amenied^^" "'
(ix) to pay from service charges imposed under sub-
clause V its expenses in carrying out the purposes of
the plan,
(x) to pay to the producers the price or prices for the
regulated product less service charges imposed under
subclause v and to fix the times at which or within
which such payments shall be made.
(7) Clauses b, c, d and e of subsection 1 of the said section 9 ^'x^' \^%'^'
are repealed and the following substituted therefor: subs^ 1,
. . re-enacted;
(0) providmg that the regulated product shall be o\b. d «
marketed by or through the local board and pro-
hibiting any person from marketing any of the
regulated product except by or through the local
board ;
(c) providing for statements to be given by any local
board to producers showing the class, variety, grade
or size and the number or quantity of the regulated
product marketed, the price or prices paid and the
particulars of the service charges imposed by it.
106
10
?'i37' 8^9°' ^^^ Subsection 2 of the said section 9 is amended by
^"^^^Ad'd striking out "marketing agency" in tlie first line and inserting
in lieu thereof "local board", so that the subsection shall read
as follows:
Powers may
be limited
(2) An}'^ powers exercisable by a local board may be
limited as to time and place.
c'lsy'sfE?' (9) Subsection 3 of the said section 9 is amended by
amended striking out "or its marketing agency" in the fourth line, so
that the subsection, exclusive of the clauses, shall read as
follows :
Board may-
require
information
(3) The Board may from time to time with respect to
any regulated product require the local board to
furnish any information that the Board deems
necessary to determine the operations of the local
board and, without limiting the generality of the
foregoing, may require the local board to furnish
particulars of,
R-S.o. I960, (10) Clause a of subsection 3 of the said section 9 is amended
siibs. 3, ■ ' by striking out "clause 6" and inserting in lieu thereof "sub-
amended clause V of clause a", so that the clause shall read as follows:
(a) the service charges fixed under subclause v of clause a
of subsection 1. ■■■■•■>"■■
c!"i37' sf 9^' ( ^ ^) Clause d of subsection 3 of the said section 9 is amended
subs. 3. by striking out "or the marketing agency" in the second line,
amended so that the clause shall read as follows:
(d) operating deficits or profits and reserves of the local
board.
o'"i37" s^9°' ^^^^ Clause e of subsection 3 of the said section 9 is amended
subs, h,' ' by striking out "or the marketing agency" in the second line,
amended SO that the clause shall read as follows:
(e) property leased, owned or otiierwise acquired or used
by the local board; and
d
R.S.O. 1960,
c. 137. 8. 9,
subs. 4,
amended
(13) Subsection 4 of the said section 9 is amended by
striking out "clause b" in the third line and inserting in lieu
thereof "subclause v of clause a", so that the subsection shall
read as follows:
106
Section 8. Complementary to subsection 2 of section 1 of this Bill.
Section 9. The amendment clarifies the intent of the provision and
is also complementary to subsection 2 of section 1 of this Bill.
Section 10. The section is re-enacted to clarify its intent. Comple-
mentary to subsection 2 of section 1 of this Bill.
106
11
(14)
(4) The Board may by order in respect of any regulated ^^^l^^"^
product require the local board to fix the service charges
charges under subclause v of clause a of subsection 1
at such amounts, or at amounts not exceeding such
amounts, as the Board deems proper.
R.S.O. I960,
Subsections 6 and 7 of the said section 9 are repealed, subssi'e^,' 7/
repealed
8. Section 10 of The Farm Products Marketing Act isf'-f^-^^^^'
repealed and the following substituted therefor: re-enacted
10.
Where the Board delegates to a local board any of ^f '^o*^ers'^
its powers or vests in a local board powers to promote, ^oard*^
regulate and control the marketing of a regulated
product, the Board may, at any time,
(a) limit the powers of the local board in any or
all respects; and
(b) revoke any regulation, order or direction of
the local board made or purporting to be made
under such powers.
R.S.O. I960,
137, S. 13,
9. Section 13 of The Farm Products Marketing Act is^. ^„.
amended by inserting after "order" in the third line "regula- ^^^^'^^^^
tion" and by striking out "or any marketing agency" in the
fourth line, so that the section shall read as follows:
13. Every person who fails to comply with or contravenes Offences
any of the provisions of this Act, or of the regulations,
or of any plan, or of any order, regulation or direction
of the Board or any local board, or of any agreement
or award or re-negotiated agreement or award filed
with the Board, is guilty of an offence and on sum-
mary conviction is liable for a first offence to a fine
of not more than $50 and for a subsequent offence
to a fine of not less than $50 and not more than $500.
10. Section 16 of The Farm Products Marketing Act iSc.'i37.'8. le."
repealed and the following substituted therefor: re-enacted
16. In an action or prosecution under this Act where the Evidence
production of an agreement, award, order, regulation,
direction, rule, resolution, determination or minute
of the Board or a local board is required, any docu-
ment purporting to be a copy of such agreement,
award, order, regulation, direction, rule, resolution,
determination or minute, certified to be a true copy
thereof by the chairman or secretary of the Board
or the local board, as the case may be, is admissible
106
12
in evidence as prima facie proof of the making and
the text thereof without production of the original
document and without proof of the signature of the
person purporting to have certified it.
o!^*i37." ^^^°' 1 1 • The Farm Products Marketing A ct is amended by adding
amended thereto the following section :
tatufn""®" 18.— (1) In this section,
(a) "local board" means The Ontario Flue-Cured
Tobacco Growers' Marketing Board;
(b) "producing" means planting, growing, har-
vesting, curing and preparing for sale, and
"produced" and "production" have cor-
responding meanings;
(c) "tobacco" means unmanufactured flue-cured
tobacco produced in Ontario;
{d) "tobacco acreage" means a number of acres
of land fixed and allotted to a person for the
producing in any year of tobacco on a tobacco
farm; and
ie) "tobacco farm" means one or more parcels of
land in respect of which the Board or the
local board determines,
(i) the land is suitable for the producing
of tobacco, and
(ii) the producer has provided such build-
ings or other structures and equipment
as are suitable and adequate for the
producing of tobacco,
and in respect of which the Board or the local
board, as the case may be, allots a tobacco
acreage.
S^fo'blccT (2) The Board may make regulations,
(a) notwithstanding paragraph 3 of subsection 1
of section 8, providing for the refusal to grant
a licence for the producing of tobacco for any
reason that the Board deems proper;
106
Section 11. The amendment provides for the production of flue-
cured tobacco on an acreage or other production quota basis.
106
13
(b) providing for,
(i) the producing of tobacco on a basis of
tobacco acreage or other production
quota,
(ii) the fixing and allotting to persons of
tobacco acreages or other production
quotas on such basis as the Board
deems proper,
(iii) the refusing to fix and allot to any
person a tobacco acreage or other pro-
duction quota for any reason that the
^ i )^^ r Board deems proper, and
(iv) the reducing of, or the refusing to in-
crease, a tobacco acreage or other pro-
duction quota fixed and allotted to any
person for any reason that the Board
deems proper;
(c) prohibiting.
(i) any person to whom a tobacco acreage
or other production quota has not been
fixed and allotted from producing
tobacco,
(ii) any person to whom a tobacco acreage
or other production quota has been
fixed and allotted from producing any
tobacco or acreage in excess of the
tobacco acreage, or other production
quota, fixed and allotted to such person,
and
(iii) any person from producing tobacco on
land other than a tobacco farm in
respect of which a tobacco acreage or
other production quota has been fixed
and allotted to such person;
(d) providing for the destroying of any growing
tobacco plants or other development in the
producing of tobacco, or of tobacco produced
in Ontario by any person,
(i) to whom a tobacco acreage or other
production quota has not been fixed
and allotted,
106
14
Regulations
may be
limited
(ii) on acreage in excess of the tobacco
acreage, or other production quota,
fixed and allotted to such person, or
(iii) on land other than a tobacco farm in
respect of which a tobacco acreage or
other production quota has been fixed
and allotted to such person.
(3) Any regulation made under this section may be
limited as to time and place.
Delegation
of powers to
local board
(4) The Board may delegate to the local board such of
the powers under subsection 1 as it deems necessary
and may at any time terminate such delegation.
ment"^'^^*" 12. This Act comes into force on the day it receives Royal
Assent.
Short title 13. This Act may be cited as The Farm Products Marketing
Amendment Act, 1962-63.
106
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BILL 106
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Farm Products Marketing Act
Mr. Stewart
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 106
1962-63
An Act to amend
The Farm Products Marketing Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Clause e of section 1 of The Farm Products Marketing ^f^- |^f°'
Act is repealed and the following substituted therefor:
cl. e,
re-enacted
(e) "marketing" means buying, selling and oflfering for
sale, and includes advertising, financing, assembling,
storing, packing and shipping and transporting in
any manner by any person, and "market" and
"marketed" have corresponding meanings.
(2) Clause /of the said section 1 is repealed.
R.S.O. I960,
c. 137, 8. 1,
cl. /.
repealed
(3) Clause h of the said section 1 is repealed and the follow- f-f^- Iff^'
ing substituted therefor : ^^- *■ i. ^
° re-enacted
(h) "plan" means a plan to provide for the control and
regulation of the marketing of a farm product that
is in force under this Act, and includes a scheme
approved under any predecessor of this Act.
2. Section 2 of The Farm Products Marketing Act is repealed ^f^- If 2!'
and the following substituted therefor: re-enacted'
2.
The purpose and intent of this Act is,
Purpose
of Act
(a) to provide for the control and regulation in
any or all respects of the marketing within
Ontario of farm products; and
(b) where a plan established under this Act for
control and regulation of the marketing of a
regulated product is amended to provide for
control and regulation in any or all respects of
106
the producing of the regulated product, to
provide for control and regulation in any or
all respects of the producing and marketing
within Ontario of the regulated product.
including the prohibition of such marketing or such
producing and marketing, as the case may be, in
whole or in part.
R.s.o. I960, 3, — (1) Clause aa of subsection 1 of section 4 of The Farm
c. 137, 8. 4, ^ ' . .
subs. 1, Products Marketing Act, as enacted by section 1 of The Farm
(1961-62, Products Marketing Amendment Act, 1961-62, is repealed and
re-enacted' the following substituted therefor:
{aa) investigate any matter relating to the producing,
marketing or processing of a regulated product:
{ah) after a hearing, prohibit a person engaged in market-
ing a regulated product from terminating or varying,
without just cause, the buying or the selling, as the
case may be, of the regulated product.
0^*13?' 8.^4^' (■^) Clause e of subsection 1 of the said section 4 is repealed
l^^- ivfj,- ''•and the following substituted therefor:
{e) appoint persons to inspect the books, records, lands
and premises and any regulated product of persons
engaged in the marketing of the regulated product;
(m) appoint persons to inspect,
(i) the books and records,
(ii) the lands and premises,
(iii) any flue-cured tobacco, and
(iv) any growing plants or other development in
the producing of flue-cured tobacco,
of persons engaged in the producing of flue-cured
tobacco.
c!'"i37' 8.^4°' C-^) Clause a of subsection 4 of the said section 4 is repealed
subs. 4, cl.'
re-enacted
subs. 4, cl. a, and the following substituted therefor:
{a) providing for the filing by each local board with the
Board of true copies of,
(i) minutes of all meetings of the local board,
106
3
(ii) all by-laws of the local board,
(iii) all orders and directions of the local board,
(iv) all reports of annual operations of the local
board,
(v) all annual financial statements and audited
reports of the local board, and
(vi) such further statements and reports as the
Board requires from the local board.
(4) Subclauses i and ii of clause b of subsection 4 of the said ^fg^- 1^*^-
section 4 are repealed and the following substituted therefor : subS; 4,. ci. 'ft,
^ ^ subcle. 1, 11,
re-enacted
(i) the furnishing to producers of a regulated product of
copies of the annual statement of operations and the
financial report of each local board, and
(ii) the publication of the annual statement of operations
and the financial report of each local board ; and
4. Section 5 of The Farm Products MarkeUtig Act is repealed ^'f^' l^r,^'
and the following substituted therefor: re-enacted'
5. — (1) Where the Board receives from a group of pro- i^etition
ducers in Ontario or any part thereof a petition or
request asking that a plan be established for the
control and regulation of the marketing of a farm
product or any class or part thereof and the Board
is of the opinion that the group of producers is
representative of the persons engaged in the pro-
duction of the farm product or class or part thereof,
the Board may recommend the establishment of such
plan to the Minister.
(2) Where the Board receives from a local board a request t^'^p^an"^^"*
that amendment be made to the plan or to regula-
tions under the plan under which the local board is
constituted, the Board may recommend such amend-
ment to the Minister.
5. — (1) Subsection 1 of section 6 of The Farm Products f-f^- 1^1° •
Marketing Act is amended by adding thereto the following ^y^^^^i^J^^
clause :
(aa) amending any plan that is established for the control
and regulation of the marketing of a regulated
106
product to provide lor the control and regulation in
any or all respects of the producing within Ontario
or any part thereof of the regulated product under
the plan.
c!^'i37, sf 6?* (^) Clause b of subsection 1 of the said section 6 is repealed
^U^l'o^vfi' **' and the following substituted therefor:
re-enacted '^
(b) definuig any word or words for the purpose of any
plan.
^'13?," 8.^6?' (^) Clause / of subsection 1 of the said section 6 is repealed
re-^'ac'ted ^' ^"^ ^^^ following substituted therefor:
(/) notwithstanding any other Act, providing for,
(i) the carrying out by the Board or a trustee of
any or all of the powers of a local board,
(ii) the vesting of the assets of a local board in
the Board or a trustee, and
(iii) the disposing of any or all of the assets of a
local board in such manner as is prescribed,
and, where any regulation made under this clause is
in conflict with any by-law of the local board, the
regulation prevails.
c!^"i37' 8.^6?' ('^) Subsection 2 of the said section 6 is repealed and the
re-enacted following substituted therefor:
^PP«cation (2) A plan may apply to all of Ontario or to any area
withhi Ontario and may apply to one or more farm
products or any part, class, variety, grade or size of
farm product, including any part or class of farm
product produced or marketed for a particular
purpose, and to any or all persons engaged in pro-
ducing or marketing one or more farm products or
any part, class, variety, grade or size of farm product,
including any part or class of farm product produced
or marketed for a particular purpose.
S'lST.'s.^i^' ^•— (1) Subsection 1 of section 8 of The Farm Products
amended Marketing Act is amended by striking out "marketed locally
within Ontario" in the second and third lines, so that the
subsection, exclusive of the paragraphs, shall read as follows:
Regulations (1) The Board may make regulations generally or with
respect to any regulated product.
106
(2) Paragraph la of subsection 1 of the said section 8, as-^-f^^- ^^^O'
enacted by section 2 ot The Farm Products Marketing Amend- ^^^»- i.
. par. Id
ment Act, 1061-62, is repealed and the followinsj; substituted (i96i-62.
.If 0.41,8.2),
therefor: re-enacted
7a. reciuiring any person who produces and processes a
regulated product to furnish to the Board or the local
board statements of the amounts of the regulated
product that he produced in an}^ year and used for
processing.
(3) Paragraph 9 of subsection 1 of the said section 8 •s^"i3^' gf|^'
repealed and the following substituted therefor: subs. i.
■ '^ par. 9,
re-enaoted
9. providing for the exemption from any or all of the
regulations, orders or directions under any plan of
any class, variet\', grade or size of regulated product,
or any person or class of persons engaged in the
producing or marketing of the regulated product or
any class, variety, grade or size of regulated ])roduct.
(4) Paragraph 11 of subsection 1 of the said section 8 is^fgy-^^l^'
repealed and the following substituted therefor: subs, i,
' '^ par. 11,
re-enacted
11. providing for the control and regulation of tlie pro-
ducing of flue-cured tobacco, including the times and
places at which flue-cured tobacco may be produced ;
11a. providing for.
(i) the marketing of a regulated product on a
quota basis,
(ii) the fixing and allotting to persons of <|Uotas
for the marketing of a regulated product on
such basis as the Board deems proper.
(iii) the refusing to fix and allot to any {)erson a
({uota for the marketing of a regulated
product for any reason that the Board deems
proper, and
(iv) the reducing of, or the refusing to increase,
a ()uota fi.xed and allotted to any person for
the marketing of a regulated product for any
reason that the Board deems proi)er;
116. prohibiting,
(i) any person to whom a (|Uota has not been
fixed and allotted for the marketing of a
regulated profluct from marketing any of the
regulated product,
106
(ii) any person to whom a quota has been fixed
and allotted for the marketing of a regulated
product from marketing an}' of the regulated
product in excess of such quota, and
(iii) any person to whom a quota has been fixed
and allotted for the marketing of a regulated
product produced on land in respect of which
such quota was fixed and allotted from
marketing any of the regulated product other
than the regulated product produced on such
land.
c!'"i37' 8^8°' (^) Paragraph 14 of subsection 1 of the said section 8 is
8"b8. i. amended by striking out "or marketing agency" in the
amended second line, so that the paragraph shall read as follows:
14. notwithstanding any other Act, providing that no
local board shall make grants or other like payments
of money to any person or association or body of
persons without the approval of the Board.
c!'i37,' 8.^8?' (^) Subsection 1 of the said section 8 is further amended by
amended adding thereto the following paragraph :
19a. recfuiring that no charges, costs or expenses relating
to the production or marketing of the regulated
product shall be made other than such charges, costs
or expenses as are provided in the agreement or
award or re-negotiated agreement or award in force
for the marketing of the regulated product.
R.s.o. I960, (7) Paragraph 20 of subsection 1 of the said section 8 is
O. 137, 8.8, ' o I-
8ub8. 1, repealed and the following substituted therefor:
par. 20, '^ **
re-enacted
20. authorizing any local board to conduct a pool or
pools for the distribution of all moneys received
from the sale of the regulated product and requiring
such local board, after deducting all necessary and
proper disbursements and expenses, to distribute the
remainder of the moneys received from the side in
such manner that every producer receives a siiare of
the remainder of the moneys received from the sale
in relation to the amount, class, variety, grade and
size of the regulated product delivered by him, and
authorizing such local board to make an initial pay-
ment on delivery of the regulated product and sub-
sequent payments until all of the remainder of the
moneys received from the sale is distributed to the
producers.
106
(8) Paragraph 21 of subsection 1 of the said section 8 is^'f:^'l^g^'
amended by addini^ at the end thereof "and to recover such subs, i,
: . '^ . . ^ ..,..,, par. 21,
price or prices by suit in a court oi competent jurisdiction , amended
so that the paragraph shall read as follows:
21. authorizing any local board to recjuire the })rice or
prices payable or owing to the producers for the
regulated product to be paid to or through the local
board and to recover such price or prices by suit in
a court of competent jurisdiction.
(9) Paragraph 22 of subsection 1 of the said section 8 is ^137 g®^!'*
amended by striking out "except where a marketing ^igency ^^^^^^l'
has been designated for the marketing of a regulated product" amended
ill the first and second lines, so that tlie paragraph shall read
as follows:
22. authorizing any local board to prohibit the marketing
of any class, variety, grade or size of any regulated
product.
(10) Paragraph 25 of subsection 1 of the said section 8 is ^137 ; g.^f^*
repealed and the following substituted therefor: par^'25'
re-enacted
25. providing for the holding of a plebiscite of producers
upon a ciuestion of favour of a plan or amendment of
a plan or any matter respecting the marketing of a
regulated product.
(11; Paragraphs 26 and 27 of subsection 1 of the said ^137; s.^|^'
section 8 are repealed. pari.' 26. 27.
repealed
(12) Paragraph 28 of subsection 1 of the said section 8 is ^fg^; ^.^|^'
repealed and the following substituted therefor: par^28'
re-enacted
28. providing for the holding of public hearings on
matters respecting the operation of any plan or the
holding of a plebiscite of producers;
28a. requiring any [)erson who produces a regulated
product to offer to sell and to sell the regulated
product through the local board constituted to
administer the plan under which the regulated
product is regulated ;
286. prohibiting any person from processing, packing or
packaging any of the regulated product that has not
been sold by or through the local board constituted
to administer the plan established for control and
regulation of the marketing of the regulated product.
106
8
R.S.O. 1960.
0. 137. 8. 8,
subs. 2,
01. a,
amended
(13) Clause a of subsection 2 of the said section 8 is amended
by inserting after "may" in the second line "notwithstanding
any defect in tiie establishment of the negotiating agency or
the board of arbitration, as the case may be", so that the
clause shall read as follows:
(a) shall be filed with the Board forthwith after the
making thereof and the Board may, notwithstanding
any defect in the establishment of the negotiating
agency or the board of arbitration, as the case may
be, by order declare the agreement or award or re-
negotiated agreement or award or part thereof to
come into force on the day it is so filed or on such
later day as is named in the agreement or award or
re-negotiated agreement or award, as the case may
be, and, subject to clause b, shall remain in force for
one year or for such period as is provided in the
agreement or award or re-negotiated agreement or
award; and
c^fs^'sfi^' (^^) Subsection 5 of the said section 8 is amended by
amended striking out "paragraphs 1 to 12 of" in the second line, so
that the subsection shall read as follows:
Delegation
of powers
to local
board
(5) The Board may delegate to a local board such of its
powers under subsection 1 as it deems necessary,
and may at any time terminate such delegation.
R.S.O. I960,
o. 137, 8. 9,
subs. 1,
amended
7. — (1) Subsection 1 of section 9 of The Farm Products
Marketing Act is amended by striking out "marketing agency"
in the second line and in the third line and inserting in lieu
thereof in each instance "local board" and by striking out
"locally within Ontario" in the fifth line, so that the subsec-
tion, exclusive of the clauses, shall read as follows:
Regulations
vesting
powers in
local board
(I) The Board may make regulations vesting in any
local board any powers that the Board deems
necessary or advisable to enable such local board
effectively to promote, regulate and control the
marketing of the regulated product, and, without
limiting the generality of the foregoing, may make
regulations,
o!"i37" B?t^' (2) Clause a of subsection 1 of the said section 9 is amended
amended'^'' "' ^^ striking out "marketing agency designated under para-
graph 26 of subsection 1 of section 8" in the first and second
lines and inserting in lieu thereof "local board", so that the
clause, exclusive of the subclauses, shall read as follows:
106
(a) vesting in any local board any or all of the following
powers :
(3) Subclause v of clause a of subsection 1 of the said ^'137; l.^gf'
section 9 is repealed and the following substituted therefor: lubci/v''^' "'
re-enacted
(v) to fix and impose service charges from time to time
for the marketing of the regulated product.
(4) Subclause vi of clause a of subsection 1 of the said RS.o. i960,
c 13T S 9
section 9 is amended by striking out "marketing agency" in subs, i, ci.'o,
the third line and inserting in lieu thereof "local board", soameVded
that the subclause shall read as follows:
(vi) to require the price or prices payable or owing to
the producer for the regulated product to be paid
to or through the local board.
(5) Subclause viii of clause a of subsection 1 of the said ^-^gO- i^eo.
section 9 is amended by striking out "marketing agency" insiibs. i, ci.'a,
the third line and inserting in lieu thereof "local board", so amended '
that the subclause shall read as follows:
(viii) to purchase or otherwise acquire such quantity or
quantities of the regulated product as the local board
deems advisable.
(6) Clause a of subsection 1 of the said section 9 is further o. 137 "s. 9, '
amended by adding thereto the following subclauses: l^lnded^^" "'
(ix) to pay from service charges imposed under sub-
clause V its expenses in carrying out the purposes of
the plan,
(x) to pay to the producers the price or prices for the
I, regulated product less service charges imposed under
subclause v and to fix the times at which or within
which such payments shall be made.
(7) Clauses b, c, d and e of subsection 1 of the said section 9^-^^- l^f^'
are repealed and the following substituted therefor: ^ubs^ 1,
re-enacted ;
{b) providing that the regulated product shall beds. d,«
marketed by or through the local board and pro-
hibiting any person from marketing any of the
regulated product except by or through the local
board ;
(c) providing for statements to be given by any local
board to producers showing the class, variety, grade
or size and the number or tiuantity of the regulated
product marketed, the price or prices paid and the
particulars of the service charges imposed by it.
106
10
c^'i3?e^9°' ^^^ Subsection 2 of the said section 9 is amended b>'
subs. 2 striking out "marketing agency" in the first line and inserting
in lieu thereof "local board", so that the subsection shall read
as follows:
Powers may
be limited
(2) i\ny powers exercisable b\' a local board may be
limited as to time and place.
c.'isi'.a^t^' (9) Subsection 3 of the said section 9 is amended by
amended Striking out "or its marketing agency" in the fourth line, so
that the subsection, exclusive of the clauses, shall read as
follows :
Board mar
require
information
(3) The Board may from time to time with respect to
any regulated product require the local board to
furnish any information that the Board deems
necessary to determine the operations of the local
board and, without limiting the generality of the
foregoing, may require the local board to furnish
particulars of,
R.s.o. I960. (10) Clause a of subsection 3 of the said section 9 is amended
cl37 8*^ ■
subs. 3, ' by striking out "clause b" and inserting in lieu thereof "sub-
amended clause V of clause a", so that the clause shall read as follows:
(a) the service charges fixed under subclause v of clause a
of subsection 1.
(11) Clause d of subsection 3 of the said section 9 is amended
bj' striking out "or the marketing agency" in the second line,
R.s.o. I960
0. 137, s. 9,
subs. 3,
cl. d,
amended SO that the clause shall read as follows
(d) operating deficits or profits and reserves of the local
board.
c^'137' 8^9*^' ^^^^ Clause e of subsection 3 of the said section 9 is amended
siibs. 3, ' by striking out "or the marketing agency" in the second line,
arne'nded SO that the clause shall read as follows:
(e) property leased, owned or otherwise acquired or used
by the local board ; and
c^i37,'8^9^' (^^) Subsection 4 of the said section 9 is amended by
amended Striking out "clause 6" in the third line and inserting in lieu
thereof "subclause v of clause a", so that the subsection shall
read as follows:
106
11
(4) The Board may by order in respect of any regulated ^^^^^"""^
product require the local board to fix the service charges
charges under subclause v of clause a of subsection 1
at such amounts, or at amounts not exceeding such
amounts, as the Board deems proper.
R.S.O. I960,
(14) Subsections 6 and 7 of the said section 9 are repealed, subss^.'e^.' 7,'
repealed
8. Section 10 of The Farm Products Marketing Act ^s^-f^-^^^^'
repealed and the following substituted therefor: re-enacted
10. Where the Board delegates to a local board any of ^/^J*^*}.^''
its powers or vests in a local board powers to promote, board^'
regulate and control the marketing of a regulated
product, the Board may, at any time,
(a) limit the powers of tlie local board in any or
all respects; and
(b) revoke any regulation, order or direction of
the local board made or purporting to be made
under such powers.
9. Section 13 of The Farm Products Marketing Act is ^'137; B.^fg;
amended b\' inserting after "order" in the third line "regula- ^'^®"^®^
tion" and by striking out "or any marketing agency" in the
fourth line, so that the section shall read as follows:
13.
Every person who fails to comply with or contravenes *-^'^®"^®*
any of the provisions of this Act, or of the regulations,
or of any plan, or of any order, regulation or direction
of the Board or any local board, or of any agreement
or award or re-negotiated agreement or award filed
with the Board, is guilty of an offence and on sum-
mary conviction is liable for a first offence to a fine
of not more than $50 and for a subsequent offence
to a fine of not less than S50 and not more than $500.
10. Section 16 of The Farm Products Marketing Act isc.'isT.'s. le,'
repealed and the following substituted therefor: re-enac e
16. In an action or prosecution under this Act where the *"^^*^®"''®
production of an agreement, award, order, regulation,
direction, rule, resolution, determination or minute
of the Board or a local board is required, any docu-
ment purporting to be ii copy of such agreement,
award, order, regulation, direction, rule, resolution,
determination or minute, certified to be a true cop>'
thereof by the chairman or secretary of the Board
or the local board, as tiie case may be, is admissible
106
. 12
in evidence as prima facie proof of the making and
the text thereof without production of the original
document and without proof of the signature of the
person purporting to have certified it.
c!"i3?,* ^^^^' 1 1 • ^^^^ Farm Products Marketing Act is amended by adding
amended thereto the following section :
tatioT*' 18.— (1) In this section,
(a) "local board" means The Ontario Flue-Cured
Tobacco Growers' Marketing Board;
(b) "producing" means planting, growing, har-
vesting, curing and preparing for sale, and
"produced" and "production" have cor-
responding meanings;
(c) "tobacco" means unmanufactured flue-cured
tobacco produced in Ontario;
(d) "tobacco acreage" means a number of acres
of land fixed and allotted to a person for the
producing m any \ear of tobacco on a tobacco
farm; and
(e) "tobacco farm" means one or more parcels of
land in respect of which the Board or the
local board determines,
(i) the land is suitable for the producing
of tobacco, and , ,
(ii) the producer has provided such build-
ings or other structures and equipment
as are suitable and adeciuate for the
producing of tobacco,
and in respect of which the Board or the local
board, as the case may be, allots a tobacco
acreage.
J5«fo"i|*^°o"^ (2) The Board may make regulations,
(a) notwithstanding paragraph 3 of subsection 1
of section 8, providing for the refusal to grant
a licence for the producing of tobacco for any
reason that the Board deems proper;
106
13
(b) providing for,
(i) the producing of tobacco on a basis of
tobacco acreage or other production
quota,
(ii)
the fixing and allotting to persons of
tobacco acreages or other production
quotas on such basis as the Board
deems proper,
(iii) the refusing to fix and allot to any
person a tobacco acreage or other pro-
duction quota for any reason that the
Board deems proper, and
(iv) the reducing of, or the refusing to in-
crease, a tobacco acreage or other pro-
duction quota fixed and allotted to any
person for any reason that the Board
deems proper;
(c) prohibiting,
(i) any person to whom a tobacco acreage
or other production quota has not been
fixed and allotted from producing
tobacco,
(ii) any person to whom a tobacco acreage
or other production quota has been
fixed and allotted from producing any
tobacco or acreage in excess of the
tobacco acreage, or other production
quota, fixed and allotted to such person,
and
(iii) any person from producing tobacco on
land other than a tobacco farm in
respect of which a tobacco acreage or
other production quota has been fixed
and allotted to such person;
(d) providing for the destroying of any growing
tobacco plants or other development in the
producing of tobacco, or of tobacco produced
in Ontario by any person,
(i) to whom a tobacco acreage or other
production quota has not been fixed
and allotted,
106
14
(ii) on acreage in excess of the tobacco
acreage, or other production quota,
fixed and allotted to such person, or
(iii) on land other than a tobacco farm in
respect of which a tobacco acreage or
other production quota has been fixed
and allotted to such person.
Regulations
may be
limited
(3) Any regulation made under this section may be
limited as to time and place.
Delegation
of powers to
local board
(4) The Board may delegate to the local board such of
the powers under subsection 2 as it deems necessary
and may at any time terminate such delegation.
ment"^"^^ 12. This Act comes into force on the day it receives Royal
Assent.
Short title
13. This Act may be cited as The Farm Products Marketing
Amendment Act, 1962-63.
106
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BILL 107
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act respecting the National Radio Observatory In the
Geographic Township of White in the
Territorial District of Nipissing
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
This Bill is self-explanatory.
107
i
BILL 107 1962-63
An Act respecting the National Radio
Observatory in the Geographic Town-
ship of White in the Territorial
District of Nipissing
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The public lands situate in the geographic Township of ^^ "^3|^d*'"^'
White in the Territorial District of Nipissing, designated as °o^tj;^i^^f
Locations GT 148, GT 149, GT 150 and GT 151, containing lands
95.88 acres, more or less, and shown outlined in red on plans
and field notes of survey dated the 26th day of September,
1961, the 29th day of September. 1961, the 29th day of
September, 1961, and the 26th day of September, 1961,
respectively, signed by C. G. Taylor, Ontario Land Surveyor,
of record in the Department of Lands and Forests, Ontario,
are placed under the administration and control of Her
Majesty the Queen in right of Canada for the maintenance
and operation of a national radio observatory.
2. The public lands mentioned in section 1 shall be usedj^^^"^
by Her Majesty the Queen in right of Canada, The National
Research Council or any agent of either of them only for the
maintenance and operation of a national radio observatory,
and, upon such public lands being no longer used for the
maintenance and operation of a national radio observatory,
the administration and control of such public lands shall
forthwith revert to Her Majesty the Queen in right of Ontario.
3. The public lands mentioned in section 1 remain part of^f^^'ji^^g
Algonquin Provincial Park and shall continue to be under the
control and management of the Minister of Lands and F'orests
for all purposes other than the administration and control
mentioned in section 1.
4. This Act comes into force on the dav it receives F^oyal ^'^"V"''®"^'®-
■^ ment
Assent.
5. This Act may be cited as The National Radio Observatory ^^''''^ '^'"^
Ad, 1962-63.
107
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BILL 107
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act respecting the National Radio Observatory in the
Geographic Township of White in the
Territorial District of Nipissing
ft
iMr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 107 1962-63
An Act respecting the National Radio
Observatory in the Geographic Town-
ship of White in the Territorial
District of Nipissing
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The public lands situate in the geographic Township o( ({^^^^^^^^'
White in the Territorial District of Nipissing, designated as ^ontroi^of^
Locations GT 148, GT 149, GT 150 and GT 151, containing lands
95.88 acres, more or less, and shown outlined in red on plans
and field notes of survey dated the 26th day of September,
1961, the 29th day of September, 1961, the 29th day of
September, 1961, and the 26th day of September, 1961,
respectively, signed by C. G. Taylor, Ontario Land Surveyor,
of record in the Department of Lands and Forests, Ontario,
are placed under the administration and control of Her
Majesty the Queen in right of Canada for the maintenance
and operation of a national radio observatory.
2. The public lands mentioned in section 1 shall be usedi^nds*^
by Her Majesty the Queen in right of Canada, The National
Research Council or any agent of either of them only for the
maintenance and operation of a national radio observatory,
and, upon such public lands being no longer used for the
maintenance and operation of a national radio observatory,
the administration and control of such public lands shall
forthwith revert to Her Majesty the Queen in right of Ontario.
3. The public lands mentioned in section 1 remain part of ff^^^ds
Algonquin Provincial Park and shall continue to be under the
control and management of the Minister of Lands and Forests
for all purposes other than the administration and control
mentioned in section 1.
4. This Act comes into force on the day it receives Royal ment"^"^^
Assent.
5. This Act may be cited as The National Radio Observatory °^
Act, 1962-63.
107
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BILL 108
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act respecting the Kinsmen Club of Kenora
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg. Queen's Printer
Explanatory Note
Self-explanatory.
108
BILL 108 1962-63
An Act respecting
the Kinsmen Club of Kenora
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The letters patent dated the 30th day of March, 1951,p|ten?
granting to Kinsmen Club of Kenora the public lands described amended
therein (being composed of the location designated as L.K. 551
lying south of the Township of Haycock between the Trans-
Canada Highway and the north shore of Longbow Lake in
the Territorial District of Kenora), are amended by striking
out the habendum, which reads, "To have and to hold unto
the said Kinsmen Club of Kenora as a community camp to
be operated on a non-sectarian, non-profit making basis
only", and inserting in lieu thereof the condition: "It is a
condition of these letters patent that the land shall be used iu
only as a community camp operated on a non-sectarian and
non-profit basis".
2. This Act comes into force on the day it receives Royal ^entf"^"''*
Assent.
3. This Act may be cited as The Kinsmen Club of Kenora ^^'^^^ *^*^'®
Act, 1962-63.
108
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BILL 108
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act respecting the Kinsmen Club of Kenora
Mr. Roberts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
r
BILL 108 1962-63
An Act respecting
the Kinsmen Club of Kenora
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The letters patent dated the 30th day of March, 1951, Jlf*^"!;^
granting to Kinsmen Club of Kenora the public lands described amended
therein (being composed of the location designated as L.K. 551
lying south of the Township of Haycock between the Trans-
Canada Highway and the north shore of Longbow Lake in
the Territorial District of Kenora), are amended by striking
out the habendum, which reads, "To have and to hold unto
the said Kinsmen Club of Kenora as a community camp to
be operated on a non-sectarian, non-profit making basis
only", and inserting in lieu thereof the condition: "It is a
condition of these letters patent that the land shall be used i|
only as a community camp operated on a non-sectarian and I
non-profit basis". 1
2. This Act comes into force on the day it receives Royal ^enV"^"''^'
Assent.
3. This Act may be cited as The Kinsmen Club of Kenora ^^°^^ *i*ie
Act, 1962-63.
108
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BILL 109
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to provide for the Observance and Commemoration
of the Centennial of Confederation in Canada
Mr. Cass
TORONTO
Printbd and Published by Frank Fogg, Queen's Printer
mt
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Explanatory Note
Self-explanatory.
, : . ; ^ >' Ci
109
BILL 109 1962-63
An Act to provide for the Observance and
Commenioration of the Centennial
of Confederation in Canada
WHEREAS the Centennial of the Canadian Confedera- Preamble
tion of which Ontario was one of the founding provinces
will occur on the 1st day of July, 1967;
And Whereas it is desirable that the historic significance
of the Centennial should be observed and commemorated in
an appropriate manner in co-operation with the National
Centennial Administration of Canada under the -^^^^^^^^ c^|o' (Can )
Centennial Act (Canada) and with the municipalities of
Ontario under this Act;
And Whereas it is expedient to enact a measure under
which Centennial projects and events may be undertaken
and provided for;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. In this Act, interpre-
tation
(a) "Centennial" means the one hundredth anniversary
of Confederation in Canada;
{h) "Minister" means the member of the Executive
Council to whom the administration of this Act is
assigned by the Lieutenant Governor in Council;
(c) "municipality" means a county, city, town, village,
township or improvement district.
2. — (1) The Minister, by himself or in co-operation with Minister's !i
one or more departments or agencies of the Government of general'
Ontario or with the Government of Canada or one or more
agencies thereof or with one or more provinces or munici-
109 M
• 2
palities, may plan and carry out such projects and events
as in his opinion are appropriate for the observance or com-
memoration of the Centennial.
Idem,
grants to
munici-
palities
(2) The Minister, with the approval of the Lieutenant
Governor in Council and in accordance with the regulations,
may make grants out of the moneys that are appropriated
therefor by the Legislature to any municipality for the cost
of any project or event to be undertaken in observance or
commemoration of the Centennial.
Powers of
munici-
palities
(3) Any municipality may make expenditures for, or grants
toward, the observance or commemoration of the Centennial
and may enter into agreements with the Crown in right of
Canada or any one or more agencies thereof, the Crown in
right of Ontario or any one or more agencies thereof, any one
or more municipalities or with any one or more persons or
associations with respect to the observance or commemoration
of the Centennial.
Regulations 4.^ 'j^j^g Lieutenant Governor in Council may make regula-
tions,
(a) prescribing the terms and conditions upon which
and the manner in which grants may be made by
the Minister under this Act;
(b) prescribing the plans and other matters that shall be
submitted to the Minister with applications for
grants under this Act ;
(c) respecting any matter necessary or advisable to carry
out effectively the intent and purpose of this Act.
Short title 5. This Act may be cited as The Confederation Centennial
Act, 1962-63.
109
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BILL 109
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to provide for the Observance and Commemoration
of the Centennial of Confederation in Canada
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 109 ' ' 1962-63
An Act to provide for the Observance and
Commemoration of the Centennial
of Confederation in Canada
WHEREAS the Centennial of the Canadian Con federa- Preamble
tion of which Ontario was one of the founding provinces
will occur on the 1st day of July, 1967;
And Whereas it is desirable that the historic significance
of the Centennial should be observed and commemorated in
an appropriate manner in co-operation with the National
Centennial Administration of Canada under the A^a//owa/ i960-6i,
_, ■ , ^ /^ 1 \ 1 -1 1 ..... ^c. 60 (Can.)
Centennial Ad (Canada) and with the municipalities ot
Ontario under this Act;
AxD Whereas it is expedient to enact a measure under
which Centennial projects and events may be undertaken
and provided for;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. In this \ct Interpre-
X. in Luib .-vcL, tation
(a) "Centennial" means the one hundredth anniversary
of Confederation in Canada;
(b) "Minister" means the member of the Executive
Council to whom the administration of this Act is
assigned by the Lieutenant Governor in Council;
(c) "municipality" means a county, city, town, village,
township or improvement district.
2. — (1) The Minister, by himself or in co-operation with ^i^^^^®'"'^
one or more departments or agencies of the Government of general
Ontario or with the Government of Canada or one or more
agencies thereof or with one or more provinces or munici-
109
palities, may plan and carry out such projects and events
as in his opinion are appropriate for the observance or com-
memoration of the Centennial.
Idem,
grants to
munici-
palities
(2) The Minister, with the approval of the Lieutenant
Governor in Council and in accordance with the regulations,
may make grants out of the moneys that are appropriated
therefor by the Legislature to any municipality for the cost
of any project or event to be undertaken in observance or
commemoration of the Centennial.
Powers of (3) Any municipality may make expenditures for, or grants
palities toward, the observance or commemoration of the Centennial
and may enter into agreements with the Crown in right of
Canada or any one or more agencies thereof, the Crown in
right of Ontario or any one or more agencies thereof, any one
or more municipalities or with any one or more persons or
associations with respect to the observance or commemoration
of the Centennial.
Regulations 3^ yhe Lieutenant Governor in Council may make regula-
tions,
(a) prescribing the terms and conditions upon which
and the manner in which grants may be made by
the Minister under this Act;
(b) prescribing the plans and other matters that shall be
submitted to the Minister with applications for
grants under this Act;
(c) respecting any matter necessary or advisable to carry
out effectively the intent and purpose of this Act.
Short title ^^ This Act may be cited as The Confederation Centennial
Act, 1962-63.
109
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BILL 110
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to provide for the Extension, Iinprovenient and
Solvency of Pension Plans and for the Portability
of Pension Benefits
Mr. Robarts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
This Bill is recommended by the Ontario Committee on Portable
Pensions.
Section 1 — Clause a. Self-explanatory.
Clauses fe and c. The definitions of "employee" and "eligible employee"
are of particular importance with reference to the provisions of section
17(1) (a) and {b). To qualify as an "employee" a person must work in
Ontario for one employer for an average work week of at least 20 hours
over a period of not less than six consecutive months. He will also qualify
as an "eligible employee" if he has attained the age of 30 years and has
not attained the age of 70 years and if he is a member of a mandatory
group as defined in clause /.
It is intended that, after an employee has qualified under the 6-month
service and 20-hour rules, he shall be required to become a member of the
pension plan covering his mandatory group. If he then remains in service
as an employee for a further period of 12 months, his pension benefit
credits will accrue from the date upon which he became a member of the
pension plan.
Clause d. Self-explanatory.
110
BILL 110 1962-63
An Act to provide for the Extension, Improve-
ment and Solvency of Pension Plans and
for the Portability of Pension Benefits
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, l^^^r
(a) "Commission" means the Pension Commission of
Ontario;
(b) "eligible employee" means an employee who has
attained the age of thirty years but who has not
attained the age of seventy years and who is a mem-
ber of a mandatory group, but does not include an
employee engaged in excepted employment as pre-
scribed by the regulations, and "eligible employment"
means employment as an eligible employee;
(c) "employee" means an individual who performs in
Ontario service on a full-time basis for a continuous
period of not less than six months in any period of
twelve months, under a contract of service or of
apprenticeship, and includes an officer of a corpora-
tion, and "service on a full-time basis" means
employment for an average work week of twenty
hours or more throughout such continuous period
of not less than six months;
(d) "employer" means,
(i) in relation to an employee, the person,
partnership, firm, association, institution or
other unincorporated organization or corpora-
tion, wherever incorporated, carrying on busi-
ness in Ontario from whom the employee
receives his remuneration, and
110
(ii) in relation to a' mandatory group, a person,
partnership, firm, association, institution or
other unincorporated organization or cor-
poration, wherever incorporated, carrying on
business in Ontario who employs a mandatory
group,
and includes Her Majesty in right of Canada, Her
Majesty in right of Ontario, an agent of Her Majesty
or a municipality as defined in The Department of
Municipal Affairs' Act;
(e) "life annuity" means an annuity that continues for
the duration of the life of the annuitant, whether
or not it is thereafter continued to some other person,
and "deferred life annuity" means a life annuity
that commences at retirement age under a pension
plan, but in any event not later than age seventy
years ;
(/) "mandatory group" means a group of fifteen or more
employees,
(i) employed by the same employer or by two or
more employers who do not deal with each
other at arm's length or who would be deemed
not to deal with each other at arm's length
under section 1 of The Corporations Tax Act,
or
(ii) employed by a trade association or other group
of employers with which the employees have
entered into a master contract governing rates
of pay and conditions of work,
and "non-mandatory group" means a group of fewer
than fifteen employees who are so employed ;
(g) "Minister" means the member of the Executive
Council designated by the Lieutenant Governor in
Council to administer this Act;
(h) "pension benefit" means the aggregate annual,
monthly or other periodic amounts to which an
eligible employee will become entitled at retirement
age under a pension plan, and "pension benefit
credit" means the value at a particular time of the
pension benefits and any other benefits provided
under the pension plan to which an eligible employee
has become irrevocably entitled;
110
Clause e. Self-explanatory.
Clause /. In determining the number of members of a group of
employees all employees as defined are counted. A mandatory group
may have fewer than 15 eligible employees.
The "arm's length" rule is intended to prevent the splitting of em-
ployee groups among related corporations.
Subclause ii will, for example, bring under the Act employees employed
by a group of employers with whom the employees have entered into a
collective bargaining agreement.
Clause g. Self-explanatory,
Clause h. The expression "pension benefit" refers to the periodic
pension receivable by an employee at retirement age under the pension
plan. The employee may be entitled to a lesser pension in the case of
early retirement, but the lesser pension would be the actuarial equivalent
of the normal pension at normal retirement.
The term "pension benefit credit" is the value of the pension benefit
and the subsidiary death benefit that is "portable" by an employee when
he moves from one employer to another or retires prior to the retirement
age permitted under the terms of the pension plan. Sections 17 and 18
provide for the portability of pension benefit credits for both standard
and supplementary pension plans.
110
Clause i. The types of pension plan described in this clause and
section 17 (1) (c) are alternative plans under any one or more of which a
pension benefit may be provided.
Clauses j, k, I and m. Self-explanatory.
Clause n. Most existing pension plans provide for pension benefits
greater than the minimum pension benefits required to be provided by a
standard pension plan under the Act. This definition therefore refers to
a pension plan or part thereof in orde to avoid the splitting of existing
pension plans for registration purposes. See section 14 (9) (a).
Clause 0. Self-explanatory.
Clause p. A supplementary pension plan may be part of a registered
plan that provides standard pension benefits, and the part of the plan
that provides for the payment of supplementary pension benefits con-
stitutes a supplementary pension plan.
110
(i) "pension plan" means a superannuation or pension
fund or plan organized and administered to provide
a pension benefit for employees, and includes,
(i) a unit benefit plan under which pension bene-
fits are determined with reference to remunera-
tion of an employee for each year of service,
or for a selected number of years of service,
(ii) a money purchase plan under which pension
benefits are determined at the retirement of
an employee with reference to the accumulated
amount of the aggregate contributions paid
by or for the credit of the employee,
(iii) a flat benefit plan under which the pension
benefits are expressed either as a fixed amount
in respect of each year of employment or as
a fixed periodic amount, and
(iv) a deferred profit sharing pension plan other
than a profit sharing plan as defined in sec-
tions 52 and 53a of The Corporations Tax Act;^-f^- ^^^^'
0) "registered pension plan" means a pension plan that
is registered with and certified by the Commission
as a plan organized and administered in accordance
with Part III of this Act;
(k) "regulations" means the regulations made under this
Act;
(/) "remuneration" means basic or regular salary or
wages, and commissions;
(m) "single life annuity" means an annuity that con-
tinues only for the duration of the life of the
annuitant;
(n) "standard pension plan" means all or that part of a
registered pension plan that provides for payments
of the pension benefits and any other benefits re-
quired to be provided by subsecton 1 of section 17;
(o) "Superintendent" means the Superintendent of
Pensions; and
(p) "supplementary pension plan" means all or that
part of a registered pension plan that provides
pension benefits and any other benefits for all or any
110
members of a mandatory group apart from or in
addition to the pension benefits and any other
benefits provided for the same mandatory group by
a standard pension plan.
PART I
PENSION COMMISSION
Pension 2. — (1) The Pension Commission of Ontario is hereby
established established and shall be composed of not fewer than five and
not more than nine members as the Lieutenant Governor in
Council from time to time determines.
ments"' (^) ^^^ Lieutenant Governor in Council shall appoint the
chairman, the vice-chairman and the other members of the
Commission, each of whom shall hold office for a term of
three years, except that, of those first appointed, one-third,
or as nearly as may be, shall be appointed for a term of one
year, one-third, or as nearly as may be, for a term of two years,
and the remainder for a term of three years.
smpointment ^^^ Every member of the Commission is eligible for re-
appointment upon the completion of his term of office.
^airman ^* ^^ ^^^ event of the absence of the chairman and the
vice-chairman, such member of the Commission as the
members of the Commission designate for the purpose shall
act as and have the powers of the chairman.
Vacancies
Quorum
Terms of
employment
4. The Lieutenant Governor in Council may fill any
vacancy that occurs from time to time in the membership of
the Commission.
5. One-half or more of the members of the Commission
constitute a quorum, whether or not a vacancy exists in the
membership of the Commission.
6. — (1) The Commission may, subject to the approval of
the Lieutenant Governor in Council, establish job classifica-
tions, salary ranges and the terms and conditions of employ-
ment of the members of its staff.
R-s.o. I960, (2) The Public Service Superannuation Act applies to the
abpiicabie permanent members of the staff of the Commission and to
those members of the Commission designated by the
Lieutenant Governor in Council.
Security (3) Every person who is entrusted by the Commission
with the custody or control of money in the course of his
employment shall give security in the manner and form
f.iiS' ^^^°" provided by The Public Officers Act.
110
Sections 2, 3, 4, 5 and 6. Self-explanatory.
110
Section 7 — Subsection 1. Clauses a and b. Self-explanatory.
Clause c. The Commission is empowered to disquality a registered
pension plan under the Act if the plan is not maintained in sound financial
condition in accordance with the rules prescribed by the regulations, or if
the plan is amended in contravention of the rules prescribed by, for ex-
ample, sections 17, 18 and 19.
Clause d. Self-explanatory.
Clause e. The Commission will assess fees for registration and super-
vision of pension plans as permitted by the regulations.
Clause/. Self-explanatory.
Clause g. Self-explanatory.
Subsection 2. The enactment of uniform pension legislation by all
provinces will permit interprovincial reciprocity. Subsection 2 provides
for agreements under which portable pension credits may follow an
employee from one province to another.
Sections 8, 9, 10 and 11 (1). Self-explanatory.
110
7.— (1) It is the function of the Commission and it has ^^^°*^°^j.*^^
power, Commission
(a) to promote the establishment, extension and im-
provement of pension plans throughout Ontario;
(b) to accept for registration all pension plans required
to be registered or filed for registration with the
Commission under this Act, and to reject any pension
plan that does not qualify for registration ;
(c) to administer and enforce this Act, and to withdraw
pension plan certificates of registration issued in
respect of pension plans that,
(i) fail to meet the tests for solvency prescribed
by the regulations, or
(ii) otherwise cease to qualify for registration
under this Act;
(d) to conduct surveys and research programmes and to
obtain statistics for the purposes of the Commission ;
(e) to assess, collect and retain for the purposes of the
Commission fees for the registration and annual
supervision of pension plans as prescribed by the
regulations;
(/) if deemed advisable, to establish or to support the
establishment of an insurance fund for the purpose
of underwriting pension fund deficiencies arising
because of the insolvency of pension funds; and
(g) to perform such other functions and discharge such
other duties as are assigned to it from time to time
by the Lieutenant Governor in Council.
(2) The Commission may, subject to the approval of the Reciprocal
J . f-, . ^ ., . ^^ . , agreements
Lieutenant Governor m Council, enter into agreements with
the authorized representatives of other provinces and of the
Government of Canada to provide for the reciprocal payment
and receipt of amounts as pension benefit credits for the
account of employees who change their place of employment
and for the reciprocal audit and inspection of pension plans.
8. — (1) The Commission shall appoint the Superintendent superin-
of Pensions who shall be the chief administrative officer of Pension*
the Commission.
110
(2) The Commission may establish such administrative
divisions as appear to be appropriate from time to time.
9. The moneys required for the purposes of the Commission,
in addition to the fees and charges assessed under clause e
of subsection 1 of section 7 and fines imposed under section 22
and retained by the Commission, shall be paid out of the Con-
solidated Revenue Fund during the fiscal year 1963-64, and
thereafter shall be paid out of the moneys appropriated
therefor by the Legislature.
10. The accounts and financial transactions of the Com-
mission shall be examined annually by the Provincial Auditor
or such other auditor as the Lieutenant Governor in Council
designates.
11. — (1) The Commission shall make an annual report of
the affairs of the Commission to the Minister.
(2) The Lieutenant Governor in Council shall, in 1970 and
at intervals of five years thereafter, appoint a committee of
not fewer than five members, to be known as the Advisory
Review Committee, to advise and assist the Minister by
reporting to him its recommendations for amendments to
this Act and to the regulations.
(3) The Minister shall submit the annual report and the
report of the Advisory Review Committee to the Lieutenant
Governor in Council and shall then lay the reports before
the Assembly if it is in session or, if not, at the next ensuing
session.
Registration
of pension
plans
12. In the event of conflict between any provision of this
Act and any provision of any other Act, the provision of this
Act prevails.
PART II
CENTRAL PENSION AGENCY
13. The Lieutenant Governor in Council may establish
or designate an agency known as the Central Pension Agency
for the purposes, among others, of receiving, holding and
disbursing pension benefit credits under this Act.
PART III
REGISTRATION OF PENSION PLANS
14. — (1) Every employer of a mandatory group shall,
(a) on or before the 1st day of January, 1964, file with
the Commission an information return in the pre-
110
Section 11 — Subsection 2. The Advisory Review Committee is
established to permit the appointment of qualified representatives of
interested groups, such as labour and industry, to advise the Minister
with respect to the administration of the Act and with respect to recom-
mended amendments.
Subsection 3. Self-explanatory.
Section 12. Self-explanatory.
Section 13. It is contemplated that a Central Pension Agency will
be established or designated by the Lieutenant Governor in Council. Its
chief role will be to assemble accumulations that are too small in them-
selves to give rise to significant pensions, and in due course the Agency
may turn the accumulations over to a vendor of annuities when they have
reached a significant size. In addition to accepting small sums, the
Central Pension Agency may handle or otherwise concern itself with the
assets of non-insured plans or organizations that have gone out of existence.
Section 14 — .Subsection 1. Clause a will enable the Commission to
obtain full information concerning existing pension plans. Clause b
requires the establishment and registration of standard pension plans for
all mandatory groups of employees in Ontario on or before January 1, 1965.
Clause c requires the maintenance of all registered standard pension plans
and their continued qualification under the Act on and after January 1,
1965.
110
Subsection 2. The establishment of supplementary pension plans is
permissive. All such plans established must, however, be registered with
the Commission and, while in force, be maintained in compliance with the
rules prescribed by sections 18 and 19 of the Act.
Subsection 3. This subsection deals with new employers and new
mandatory groups established after January 1, 1965.
110
scribed form in respect of every pension plan ad-
ministered by or on behalf of the employer or the
mandatory group at any time on or after the 1st day
of January, 1961, together with a copy of every such
plan;
(b) establish a standard pension plan to become effective
on or before the 1st day of January, 1965, by amend-
ment of any pre-existing pension plan or by establish-
ing a new plan, and file a copy of the standard
pension plan with the Commission for registration
on or before the 1st day of July, 1964, or as soon there-
after as the Commission requires; and
(c) on and after the 1st day of January, 1965, maintain
the registered standard pension plan in force as a
pension plan qualified for registration under sec-
tions 17 and 19.
(2) Every employer of a mandatory group covered by a ^ntary
supplementary pension plan shall, ofan'^"
(a) file the supplementary pension plan with the Com-
mission for registration on or before the 1st day of
January, 1965, or as soon thereafter as the Commis-
sion requires; and
(b) on and after the 1st day of January, 1965, while the
registered supplementary pension plan remains in
force, maintain its qualification for registration as
required by sections 18 and 19.
(3) Where an employer was not the employer of a manda- ^^^j°^or ^^
tory group on or before the 1st day of January, 1965, he shall, group after_
within six months after becoming the employer of a mandatory
group,
(a) establish a standard pension plan and file the plan
with the Commission for registration ;
(6) maintain the registered standard pension plan in
force as a pension plan qualified under sections 17
and 19 for registration ; and
(c) file for registration any supplementary pension plan
established for the mandatory group, and while
such plan remains in force maintain its qualification
for registration as required by sections 18 and 19.
110
8
piaifs^of ^^^ Every employer of a mandatory group shall, where
trade unions the registered standard pension plan is a plan organized and
administered by or on behalf of a trade union or by an
organization representing a trade union and an employer,
cause the plan to be maintained in force as a pension plan
qualified under sections 17 and 19 for registration or, where
the plan is not so maintained in force, comply with sub-
section 1 or 3, as the case may be, as if he were the employer
of a mandatory group established immediately after the plan
ceased to be so maintained in force.
Filing of
non-
mandatory
plan
(5) Every employer of a non-mandatory group covered by
a pension plan shall,
(a) on or before the 1st day of January, 1964, file with
the Commission an information return in the pre-
scribed form in respect of every pension plan ad-
ministered by or on behalf of the employer or the
group at any time on or after the 1st day of January,
1961; and
(b) on and after the 1st day of January, 1965, maintain
the solvency of every such pension plan as required
by the regulations.
Solvency
of non-
mandatory
plan
(6) Every employer of a non-mandatory
establishes a pension plan shall,
group
who
When group
ceases to be
mandatory
Election to
register non-
mandatory
plan
(a) file with the Commission within sixty days after
establishment of the plan an information return in
the prescribed form ; and
(b) on and after the 1st day of January, 1965, maintain
the solvency of such plan as required by the regula-
tions.
(7) Notwithstanding subsection 1, an employer of a man-
datory group that becomes a non-mandatory group because
of a reduction in the number of its members is not required,
after the group has ceased to be a mandatory group for a con-
tinuous period of one year, to maintain in force a standard
pension plan.
(8) On or after the 1st day of January, 1965,
(a) every employer of a non-mandatory group may elect
to register the pension plan maintained by him for
his employees, and in the event of such election the
group shall be deemed to be a mandatory group
under this Act, and the provisions of this Act appli-
cable to a mandatory group shall apply to such group;
and
110
Subsection 4. Existing pension plans administered by trade unions
or by an organization representing a trade union and an employer may
qualify for registration under the Act. Subsection 4 provides for the
replacement of any registered trade union plan that does not continue to
qualify for registration.
Subsections 5 and 6. Pension plans established for non-mandatory
groups are not required to be registered, but they must file information
returns with the Commission and maintain the standards of solvency
required by the regulations.
Subsections 7 and 8. Where the number of employees who are
members of a group drops below 15, continued maintenance of a standard
pension plan is no longer required. An employer of a non-mandatory
group may, however, elect to register the pension plan established for
his employees as if they constituted a mandatory group.
Subsections 9 and 10. Self-explanatory.
Section 15. Self-explanatory.
Section 16. This saving clause relieves penalties in a case in which
failure to register a pension plan is caused by delay for which the employer
is not responsible. The report of the Superintendent will be a relevant
document in the case of an appeal to the Court of Appeal. See sections 24,
25.
110
(b) an employer may revoke his election at any time
more than two years after the date of making the
election, and in the event of such revocation the
election ceases to be effective one year after the
date of revocation.
(9) For the purpose of this section, SandSrd"^
and supple-
mentary
(a) a standard pension plan and a supplementary pension p'*"^
plan may be combined for the purpose of registration ;
and
(b) a standard pension plan may be included as part of
a profit sharing plan or as part of a deferred profit
sharing pension plan.
(10) Every employer of a group covered by a pension plan ^turne
shall file with the Commission annually, on or before the
31st day of March, an information return in the form pre-
scribed by the regulations in respect of every pension plan
administered by or on behalf of the employer or the group.
15. The Commission shall accept for registration and issue ^jP^fP*!",-^®
its certificate in respect of, registration
(a) each standard pension plan filed for registration under
subsection 1 or 3 of section 14 that in the opinion
of the Commission is a plan organized and adminis-
tered in accordance with sections 17 and 19;
(b) each supplementary pension plan filed for registra-
tion under subsection 2 or 3 of section 14 that in
the opinion of the Commission is a plan organized
and administered in accordance with sections 18 and
19; and
(c) each plan filed for registration under subsection 8
of section 14.
16. After a pension plan is filed with the Commission fof upon^refifsai
registration, the Superintendent shall advise the Commission to register
in writing of his opinion as to whether or not the plan is
organized and administered in accordance with Part III, and
no penalty shall be imposed upon an employer under this Act
for failure to register a pension plan until the written opinion
of the Superintendent has been received by the Commission
and the Commission has advised the employer of its decision
concerning registration of the plan by registered mail and
thirty days have elapsed thereafter.
110
10
Minimum i7.__(i) j\ standard pension plan filed for registration as
conditions required or permitted by section 14 shall, on and after the
of Btandard < / , r r i n/: c
pension 1st day oi January, 1965,
plans
(a) require each eligible employee to become a member
of the plan;
(b) provide, in the case of each eligible employee who
has been a member of the plan for not less than
twelve months, for the accrual of pension benefit
credits from a time not later than the date upon
which the eligible employee became a member of
the plan;
(c) provide for the payment to each eligible employee
of a pension benefit, commencing not later than age
seventy years, based upon contributions to or under
the plan in respect of eligible employment on and
after the 1st day of January, 1965, and calculated as
the actuarial equivalent of a single life annuity com-
mencing at age seventy years,
(i) of a monthly amount of one-half of 1 per cent
of the monthly remuneration for each year of
eligible employment, applied to the re-
muneration earned up to $400 per month,
(ii) derived from a total contribution of, in the
case of an employee who has attained the age
of
30 years 13^%
45 years 2%
55 years 3%
of the first $400 of remuneration per month,
together with interest at an annual rate of
not less than 4 per cent, or
(iii) of a monthly amount of $2 for each year of
eligible employment;
(d) provide a death benefit, payable in the event of the
death of an employee before the commencement of
the payment of his pension benefits to his personal
representative or to a beneficiary he has designated,
of an amount equal to the employee's contributions
to the pension plan together with interest at an
annual rate of not less than 3 per cent or to such
other benefit of at least equal value;
110
Section 1 7 — Subsection 1 . Clauses a and b. Every qualified employee
must become a member of a standard pension plan after 6 months' service,
and the plan must so provide. Portable pension benefits will accrue from
the date of entry into the plan, provided the minimum service requirement
of 12 months is satisfied.
Clause c. This clause prescribes the pension benefits required to be
provided by a standard pension plan. The established minimum benefits
must commence not later than age 70 and|are calculated as the actuarial
equivalent of a single life annuity commencing at age 70 in an amount
specified by subclauses i to iii for the types of pensions therein set out.
Clause d. This clause provides that, in the event of death of an
employee prior to retirement, the employee's personal representative or
beneficiary will be entitled to a death benefit in an amount equal to his
contributions to the plan, together with interest at an annual rate of not
less than 3 per cent or at least an equivalent benefit, such as a death
benefit to his widow, if the plan so provides.
110
Clauses e and/. These clauses provide for vesting of standard pension
benefit credits and for preservation and portability or transfer of those
credits. The amount standing to the credit of an eligible employee may,
according to the terms of the pension plan, provide for the immediate
purchase of a deferred annuity upon termination of employment, the
"cold storage" of the employee's credits, or the transfer of the credits
to the Central Pension Agency, to a retirement savings plan approved by
the Superintendent or to the standard pension plan covering the mandatory
group of which the employee becomes a member when he takes new
employment.
Clause g. This clause provides for the "locking in" of employee
contributions to a standard pension plan. The pension benefit credit that
must be made available by the pension plan at termination of employment
is provided by the aggregate of vested employer contributions and em-
ployee contributions locked in under this clause.
Clause h. This clause provides that the pension benefits prescribed by
clause c and the deferred annuity prescribed by clause e are not capable of
surrender, commutation, assignment or alienation.
Subsection 2. This subsection allows the recovery by the employer
from his eligible employees by deduction from remuneration payable to
such employees of an amount not exceeding 50 per cent of the pro rata
share attributable to the employee of the aggregate yearly cost of either a
unit benefit plan or a flat rate plan. In the case of a money purchase plan,
the employer may recover 50 per cent of the contributions made for an
employee who is under age 55 or that part of the contribution made for an
employee who is age 55 or older in excess of 1 per cent of the first $400 of
remuneration earned each month.
110
11
(e) provide that, upon termination of his employment
prior to retirement, an eligible employee is, subject
to clause /, entitled to a deferred life annuity that is
equal to those portions of the annuity prescribed by
clause c and of the death benefit prescribed by clause d
for which contributions were made in respect of
eligible employment on and after the 1st day of
January, 1965;
(/) provide that, where an eligible employee terminates
his employment, a deferred life annuity prescribed
by clause e shall be provided for the employee by,
(i) the purchase of such annuity upon termination
of employment,
(ii) a contractual undertaking by his employer to
pay or to purchase such annuity upon attain-
ment of retirement age by the employee, or
(iii) the transfer of the pension benefit credit re-
quired to provide such annuity to the Central
Pension Agency or to the standard pension
plan of which the employee becomes a member
upon entering into new employment or to a
retirement savings plan approved by the
Superintendent,
as determined under the terms of the plan;
(g) provide that contributions made by each employee
to the plan after the 1st day of January, 1965, and
after the employee has attained the age of thirty
years may not be withdrawn upon termination of
employment; and
(h) provide that both the pension benefit prescribed by
clause c and the deferred life annuity prescribed by
clause e are for the employee's own use and benefit
and are not capable of surrender, commutation,
assignment or alienation and do not confer upon
any employee, personal representative or dependant,
or any other person, any right or interest in the
pension benefit or the deferred annuity capable of
being surrendered, commuted, assigned or otherwise
alienated.
(2) Subject to subsection 3, the employer may recover by Cost
deduction from remuneration payable to an eligible employee
a portion of the cost of establishing and maintaining in force
a standard pension plan, but such portion may not exceed,
110
12
(a) in the case of a unit benefit plan or a flat rate plan,
50 per cent of the pro rata share attributable to the
employee of the aggregate yearly cost of the plan;
and
(b) in the case of a money purchase plan,
(i) 50 per cent of the contributions niada for an
employee who is under age fifty-five years, or
(ii) that part of the contribution made for an
employee who is age fifty-five years or older
in excess of 1 per cent of the first S400 of
remuneration earned each month.
Restriction (3) An employer shall not be entitled to deduct any amount
sharing from remuneration payable to eligible employees in excess of
the amount so deductible in accordance with the terms of an
agreement between the employer and such employees.
Payment
to Central
Pension
Agency
(4) Notwithstanding clause/ of subsection 1, the Superin-
tendent may require payment of a pension benefit credit
derived from a standard pension plan to the Central Pension
Agency or to the standard pension plan of which an employee
becomes a member upon entering into new employment or
may require the former employer of an employee to enter into
a contractual undertaking to pay or to purchase the life
annuity prescribed by clause e of subsection 1 upon attainment
of retirement age by the employee.
Exception (5) Notwithstanding subsection 1, an employee who be-
membership comes a member of a mandatory group after he has attained
plans the age of sixty-five years is not required to become a member
of the standard pension plan covering the mandatory group.
req^uirement 1^* — (1) ^ supplementary pension plan filed for registra-
ment"ary^^ tion as required or permitted by section 14 shall provide that,
pension plan
(a) after a member of the plan has attained the age of
forty-five years and has been an employee of the
employer for not less than a continuous period of ten
years, he is entitled, upon termination of his employ-
ment prior to his attaining retirement age, to a de-
ferred life annuity equal to the portion of the pension
benefits provided under the terms of the plan in
respect of service on or after the 1st day of January,
1965;
110
Subsection 3. The right of an employer to deduct a portion of the
cost of establishing and maintaining a standard pension plan is withdrawn
to the extent that such deduction is contrary to the provisions of an
employer-employee agreement, such as a bargaining agreement.
Subsection 4. The Superintendent is empowered to require either the
transfer of a pension benefit credit or the "cold storage" or purchase of
pension benefit notwithstanding clause/ of subsection 1.
Subsection 5. An employee who becomes a member of a mandatory
group when over the age of 65 is not required to become a member of the
standard pension plan covering such group.
Section 18— Subsection 1. Clause a. Pension benefit credits arising
from employer contributions under a supplementary pension plan are
irrevocably vested for the credit of an employee after he has attained the
age of 45 years and has been in service for a continuous period of at least
10 years. This vesting rule does not apply to employer contributions made
prior to 1965.
110
Clause b. This clause provides that both the pension benefits under a
supplementary plan and the deferred life annuity prescribed by section 18
are not capable of assignment or alienation.
Clause c. This clause provides that the deferred life annuity prescribed
by section 18 is not capable of surrender or commutation.
Subsection 2. Required employee contributions to or under a supple-
mentary pension plan after 1964 are "locked in" when the employment
terminates after the employee is 45 years old and has been employed by
the employer for at least 10 consecutive years and who is entitled to a
deferred life annuity under subsection 1. On the other hand, voluntary
employee contributions may be withdrawn by the employee when his
employment is terminated notwithstanding the prior vesting under sub-
section 2.
An employee who terminates his employment prior to the age of
45 years or before attaining 10 years' service has no vested supplementary
pension rights under this Act and may withdraw his own contributions to
the supplementary pension plan in full.
Subsection 3. This provision permits a supplementary pension plan
to provide for the withdrawal by an employee in partial discharge of his
rights under the plan of a lump sum upon termination of employment
prior to retirement not exceeding 25 per cent of the commuted value of the
deferred life annuity prescribed by section 18.
Subsection 4. Because there is no mandatory restriction on cash
withdrawal on termination of employment other than the restriction
provided by subsection 2, this subsection enables an employee to direct
transfer of the contributions he may be required to withdraw upon ter-
mination of employment to the Central Pension Agency or to the plan
of his new employer. Such contributions may include voluntary contribu-
tions, contributions made by the employee prior to the 1st day of January,
1965, and contributions made by an employee who terminates his employ-
ment before attaining the age of 45 years and serving for 10 years.
Subsection 5. When an employee is entitled to a deferred life annuity
after he has satisfied the double standard provided in clause a of subsec-
tion 1 and thereafter terminates his employment, this provision empowers
the Superintendent to require payment of the value of such annuity to the
Central Pension Agency or to the pension plan of the employee's new
employer or alternatively to require the former employer to keep the
pension benefit in "cold storage" until the employee reaches retirement age
and at that time to pay or purchase the annuity.
110
13
(b) both the pension benefits provided under the terms
of the plan and the deferred life annuity prescribed
by this section are for the employee's own use and
benefit and are not capable of assignment or aliena-
tion and do not confer upon any employee, personal
representative or dependant, or any other person, any
right or interest in the pension benefits or the deferred
annuity capable of being assigned or otherwise
alienated; and
(c) the deferred life annuity prescribed by this section
is not capable of surrender or commutation and does
not confer upon any employee, personal representa-
tive or dependent, or any other person, any right or
interest in the deferred annuity capable of being
surrendered and commuted.
(2) Upon termination of the employment of an employee Locking
who has attained the age of forty-five years and has been employee
, ,,, , f,i,i ^- contributions
an employee of the employer tor not less than a contmuous
period of ten years and who is entitled to a deferred life
annuity under clause a of subsection 1, the employee is not
entitled to withdraw any part of the contributions he has
been required to make to or under the plan on or after the
1st day of January, 1965, and such contributions shall be
applied under the terms of the plan for the provision of a
deferred life annuity as part of or as supplementary to the
annuity, if any, required to be provided to the employee under
clause a of subsection 1.
(3) Notwithstanding subsections 1 and 2, where a supple- Exception
mentary pension plan so provides, an employee may receive
in partial discharge of his rights under the plan as a lump sum
upon termination of employment prior to retirement an
amount that in total does not exceed 25 per cent of the
commuted value of the deferred life annuity prescribed by
this section.
(4) Where an employee terminates his employment and is Transfer^of^^
required by the terms of a supplementary pension plan to
withdraw all or part of the contributions made by him, the
employee may direct that his contributions be transferred to
the Central Pension Agency or to a supplementary pension
plan of which he becomes a member upon entering into new
employment if that plan so permits.
(5) The Superintendent may require the transfer of the Transfer of
pension benefit credit necessary to provide the deferred life Benefit
annuity to which an employee is entitled under clause a of
subsection 1 to the Central Pension Agency or to the pension
110
. 14
plan of which such employee becomes a member upon entering
new employment or may require the former employer of an
employee to enter into a contractual undertaking to pay or to
purchase the annuity prescribed by clause a of subsection 1
upon attainment of retirement age by the employee.
solvency o?^ ^^' ^ pension plan filed for registration as required or
registered permitted by section 14 shall provide for,
plans
{a) funding, in accordance with the tests for solvency
prescribed by the regulations, that is adequate to
provide for payment of all pension benefits or de-
ferred life annuities required to be paid under the
terms of the plan ; and
(6) a written explanation to each eligible employee of
the terms and conditions of the pension plan and
amendments thereto applicable to the mandatory
group of which the employee is a member, together
with an explanation in prescribed form of the rights
and duties of the employee with reference to the
benefits available to him under the terms of the
pension plan.
Regulations 20. Subject to the approval of the Lieutenant Governor
in Council, the Commission may make regulations,
{a) respecting methods of computing pension benefit
credits and the pension benefits arising therefrom,
and the commuted value of a deferred life annuity;
(6) respecting the integration of pension benefits with
^•foo" ^^^^' benefits payable under the Old Age Security Act
(Canada) ;
(c) determining the proportions of contributions by
employers and employees to pension plans that are
attributable to a standard pension plan;
{d) prescribing tests and standards for solvency of
pension plans;
(e) defining the conditions under which the Superin-
tendent may require an employer to pay or credit
an amount to the Central Pension Agency;
(/) prescribing the conditions under which pension
benefit credits may be retained by the administrator,
insurer or trustee of a pension plan, or transferred
110
Section 19. This section governs all registered pension plans.
Section 20 — Clause a. Methods of determining at a particular time
the current value of the pension benefit to which an employee is entitled
differ according to the type of pension plan, and will be prescribed by
regulations as will methods of determining the commuted value of a deferred
life annuity. ^
Clause b. In the case of persons retiring before age 70, this clause
will enable the Lieutenant Governor in Council to make regulations
providing for a step-rate pension to integrate with the pension payable
under the Old Age Security Act (Canada).
Clause c. This clause will enable the Lieutenant Governor in Council
to make regulations to prevent abuses arising from unreasonable alloca-
tions of employer and employee contributions between standard and
supplementary pension plans.
Clause d. Funding requirements are to be prescribed by regulation,
both for new plans providing pension coverage in respect of eligible employ-
ment after the year 1964 and for old plans in existence prior to 1965.
The wide variation of conditions of solvency among different pension
plans requires the prescription of tests for solvency by regulation in order
to achieve flexibility and maintain equity.
Clause e. The regulations made pursuant to this clause will take into
account special circumstances arising in the case of insolvent or bankrupt
pension funds.
Clause /. Self-explanatory.
110
Clause g. Self-explanatory.
Clause h. Complementary to section 7(1) (/).
Clauses i, j and k. Self-explanatory.
Section 21. Self-explanatory.
Section 22 — Subsections 1, 2 and 3. The enforcement provisions of
the Act are directed toward the establishment and maintenance of solvent
pension funds for the provision of standard pension benefits. All fines
recovered are made available to further this statutory purpose.
110
15
to the administrator, insurer or trustee of another
pension plan upon termination of employment of
an eligible employee;
(g) designating employees or pension plans or any class
thereof that are excepted from the application of the
Act and the regulations;
(h) defining the conditions under which the Commission
may participate in the organization and administra-
tion of the insurance fund described in clause / of
subsection 1 of section 7, and fixing premiums which
shall be payable to such fund by an employer or
other person;
(i) requiring the furnishing of information in respect of
pension plans, and prescribing forms and providing
for their use;
(j) prescribing fees for registration and the annual super-
vision of pension plans;
(k) respecting any matter necessary or advisable to
carry out effectively the intent and purpose of this
Act.
21. The Commission is not liable for any act or omission *^ "^
of any trustee, insurer or administrator of a pension plan,
or for or in respect of any default or breach of contract on
the part of an employee or of any trustee, insurer or adminis-
trator of a pension plan.
PART IV
ADMINISTRATION, ENFORCEMENT AND APPEAL
22. — (1) Every employer who contravenes section 14 JsP®"^"''®^
guilty of an offence and on summary conviction is liable to a
fine for each day of default equal to not more than the daily
amount required to be paid to maintain a registered pension
plan for his employees plus not more than $100 per day.
(2) Every person who contravenes any other provision of ^''®'"
this Act or the regulations or who obstructs an officer or
agent of the Commission in the performance of his duties is
guilty of an offence and on summary conviction is liable to
a fine of hot less than $200 and not more than $10,000 or to
imprisonment for a term of not more than six months, or to
both.
110
16
Disposition
of fines
Inspection
(3) The fines recovered for offences against this Act shall
be paid to the Commission, and fines imposed under sub-
section 1 may be paid by the Commission to the Central
Pension Agency for the credit of the eligible employees of the
payer.
(4) The Superintendent or his duly authorized representa-
tive may, at any reasonable time,
(a) inspect the books, files, documents and other records
respecting a pension plan kept by an employer, an
insurer, a trustee of the pension plan or any other
person; and
(b) require any employer, insurer, trustee of a pension
plan or other person to furnish, in a form acceptable
to the Commission, such information as the Com-
mission deems necessary for the purpose of ascertain-
ing whether this Act and the regulations have been
or are being complied with.
deducti/^'^ ^^^ ^^ action lies against any person for withholding,
sums deducting, paying or crediting any sum of money in com-
Agreements
void
Evidence
pliance or intended compliance with this Act.
(6) Where this Act requires an amount to be deducted,
withheld, paid or credited, an agreement by the person on
whom that obligation is imposed not to deduct, withhold,
pay or credit such amount is void.
23. — (1) No member of the Commission and no employee
thereof shall be required to give testimony without the consent
of the Commission in any civil action in which the Commission
is not a party with regard to information obtained in the dis-
charge of his duties.
Liability of (2) No member of the Commission and no employee thereof
members and . ^ ' n .• i i r , • i i • i •" • j
employees of IS personally liable tor anything done by it or him in good
faith under the authority of this Act or the regulations.
Notice of
objection
Service
24. — (1) Where the Commission refuses to accept for regis-
tration a pension plan filed for registration under this Act,
the employer may, within ninety days from the day of mailing
of a notification of refusal of registration, serve on the Com-
mission a notice of objection in duplicate in the prescribed
form, setting out the reasons for the objection and all relevant
facts.
(2) A notice of objection under this section shall be served
by being sent by registered mail addressed to the Commission
at Toronto.
110
Subsections 4, 5 and 6. Self-explanatory.
Section 23. Self-explanatory.
Sections 24, 25 and 26. Procedure is established for appeals to the
Court of Appeal in the event of a dispute concerning the qualification of a
pension plan for registration.
110
Section 27. To protect the confidential character of many pension
plans, provision is made for hearings in camera.
Section 28. Self-explanatory.
110
17
(3) Upon receipt of a notice of objection, the Commission g^^^^^^^^^^
shall with all due dispatch reconsider its opinion, and vary
or confirm its opinion, and it shall thereupon notify the
employer of its actions by registered mail.
25. Where an employer has served a notice of objection -^pp®^^
under section 24, he may appeal to the Court of Appeal for
an order requiring the Commission to accept the pension plan
for registration under this Act,
(a) within ninety days after the Commission has con-
firmed its opinion that the pension plan is not
acceptable for registration; or
(6) after ninety days and before 180 days have elapsed
after service of the notice of objection and the
Commission has not notified the employer that it
has confirmed or varied its opinion.
26.— (1) An appeal to the Court shall be instituted bySiclof
filing with the Registrar of the Court or by sending by^^P®*^
registered mail addressed to him at Toronto three copies of a
notice of appeal in such form as is determined by the rules of
the Court.
(2) Upon receipt of the copies of the notice of appeal, the ^'"^'^^j.^^'®'^
Registrar shall transmit two copies to the Superintendent. intendent
(3) Immediately after receiving a copy of the notice of Transmission
1 1 o • 1 1 11 f 1 . r^ • of material
appeal, the bupenntendent shall torward to the Registrar
copies of all documents relevant to the appeal.
27. An appeal mav, in the discretion of the Court, be Hearings
... ^'^ . ' , ,. , , ,, ' »n camera
heird in camera or m public, unless the appellant requests
that it be heard in camera, in which case it shall be so heard.
28. — (1) The Court may dispose of an appeal by dismissing ^f'l^^p^eais"^
it, by referring the matters in issue back to the Commission
for reconsideration, or by allowing the appeal.
(2) Where the Court allows an appeal under this section, f/clslon"^
the Commission shall accept the pension plan for registration °^ Court
in accordance with the direction of the Court, which may
include conditions precedent to qualification for registration
of the plan imposed upon the appellant.
29. This Act comes into force on a day to be named by Sent"'®"''®"
the Lieutenant Governor by his proclamation.
30. This Act may be cited as The Pension Benefits /Ic/, short title
1962-63.
110
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BILL 110
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to provide for the Extension, Improvement and
Solvency of Pension Plans and for the Portability
of Pension Benefits
Mr. Robarts
(Reprinted a second time for consideration by the Committee of
the Whole House)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
This Bill is recommended by the Ontario Committee on Portable
Pensions.
Section 1 — Clause a. Self-explanatory.
Clauses b and c. The definitions of "employee" and "eligible employee"
are of particular importance with reference to the provisions of section
17 (1) (a) and (6). To qualify as an "employee" a person must work in
Ontario for one employer for an average work week of at least 20 hours
over a period of not less than six consecutive months. He will also qualify
as an "eligible employee" if he has attained the age of 30 years and has
not attained the age of 70 years and if he is a member of a mandatory
group as defined in clause/.
It is intended that, after an employee has qualified under the 6-month
service and 20-hour rules, he shall be required to become a member of the
pension plan covering his mandatory group. If he then remains in service
as an employee for a further period of 12 months, his pension benefit
credits will accrue from the date upon which he became a member of the
pension plan.
Clause d. Self-explanatory.
110
BILL 110
1962-63
An Act to provide for the Extension, Improve-
ment and Solvency of Pension Plans and
for the Portability of Pension Benefits
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act,
Interpre-
tation
(a) "Commission" means the Pension Commission of
Ontario;
(b) "eligible employee" means an employee who has
attained the age of thirty years but who has not
attained the age of seventy years and who is a mem-
ber of a mandatory group, but does not include an
employee engaged in excepted employment as pre-
scribed by the regulations, and "eligible employment"
means employment as an eligible employee;
(c) "employee" means an individual who performs in
Ontario service on a full-time basis for a continuous
period of not less than six months, under a contract
of service or of apprenticeship, and includes an
officer of a corporation, and "service on a full-time
basis" means employment for an average work week
of twenty-four hours or more throughout such con
tinuous period of not less than six months;
(J) "employer" means,
(i) in relation to an employee, the person,
partnership, firm, association, institution or
other unincorporated organization or corpora-
tion, wherever incorporated, carrying on busi-
ness in Ontario from whom the employee
receives his remuneration, and
110
(ii) in relation to a mandatory group, a person,
partnership, firm, association, institution or
other unincorporated organization or cor-
poration, wherever incorporated, carrying on
business in Ontario who employs a mandatory
group.
R.S.O. 1960.
o. 98
and includes Her Majesty in right of Ontario, an
agent of Her Majesty or a municipaHty as defined
in The Department of Municipal Affairs Act;
(e) "life annuity" means an annuity that continues for
the duration of the life of the annuitant, whether
or not it is thereafter continued to some other person,
and "deferred life annuity" means a life annuity
that commences at retirement age under a pension
plan, but in any event not later than age seventy
years; ,
(/) "mandatory group" means a group of fifteen or more
employees,
R.S.O. I960,
0. 73
(i) employed by the same employer or by two or
more employers who do not deal with each
other at arm's length or who would be deemed
not to deal with each other at arm's length
under section 1 of The Corporations Tax Act,
or
(ii) employed by a trade association or other group
of employers with which the employees have
entered into a master contract governing rates
of pay and conditions of work,
and "non-mandatory group" means a group of fewer
than fifteen employees Avho are so employed ;
(g) "Minister" means the member of the Executive
Council designated by the Lieutenant Governor in
Council to administer this Act;
Qi) "pension benefit" means the aggregate annual,
monthly or other periodic amounts to which an
eligible employee will become entitled at retirement
age under a pension plan, and "pension benefit
credit" means the value at a particular time of the
pension benefits and any other benefits provided
under the pension plan to which an eligible employee
has become irrevocably entitled;
110
Clause e. Self-explanatory.
Clause /. In determining the number of members of a group of
employees all employees as defined are counted. A mandatory group
may have fewer than 15 eligible employees.
The "arm's length" rule is intended to prevent the splitting of em-
ployee groups among related corporations.
Subclause ii will, for example, bring under the Act employees employed
by a group of employers with whom the employees have entered into a
collective bargaining agreement.
Clause g. Self-explanatory.
Clause h. The expression "pension benelit" refers to the periodic
pension receivable by an employee at retirement age under the pension
plan. The employee may be entitled to a lesser pension in the case of
early retirement, but the lesser pension would be the actuarial equivalent
of the normal pension at normal retirement.
The term "pension benefit credit" is the value oi the pension benefit
and the subsidiary death benefit that is "portable" by an employee when
he moves from one employer to another or retires prior to the retirement
age permitted under the terms of the pension plan. .Sections 17 and 18
provide for the portability of pension benelit credits for both standard
and supplementary pension plans.
110
Clause {'. The types of pension plan described in this clause and
section 17 (1) (c) are alternative plans under any one or more of which a
pension benefit may be provided
Clauses,/, k, I and m. Self-explanatory.
Clause n. IVIost existing pension plans provide for pension benefits
greater than the minimum pension benefits required to be provided by a
standard pension plan under the Act. This definition therefore refers to
a pension plan or part thereof in order to avoid the splitting of existing
pension plans for registration purposes. See section 14 (9) (a).
Clause 0. Self-explanatory.
Clause p. A supplementary pension plan may be part of a registered
plan that provides standard pension benefits, and the part of the plan
that provides for the payment of supplementary pension benefits con-
stitutes a supplementary pension plan.
110
(i) "pension plan" means a superannuation or pension
fund or plan organized and administered to provide
a pension benefit for employees, and includes,
(i) a unit benefit plan under which pension bene-
fits are determined with reference to remunera-
tion of an employee for each year of service,
or for a selected number of years of service,
(ii) a money purchase plan under which pension
benefits are determined at the retirement of
an employee with reference to the accumulated
amount of the aggregate contributions paid
by or for the credit of the employee,
(iii) a flat benefit plan under which the pension
benefits are expressed either as a fixed amount
in respect of each year of employment or as
a fixed periodic amount, and
(iv) a deferred profit sharing pension plan other
than a profit sharing plan as defined in sec-
tions 52 and 53a of The Corporations Tax Act;^-f^- ^^®**
0) "registered pension plan" means a pension plan that
is registered with and certified by the Commission
as a plan organized and administered in accordance
with Part III of this Act;
(k) "regulations" means the regulations made under this
Act;
(/) "remuneration" means basic or regular salary or
wages, and commissions;
(m) "single life annuity" means an annuity that con-
tinues only for the duration of the life of the
annuitant;
(w) "standard pension plan" means all or that part of a
registered pension plan that provides for payments
of the pension benefits and any other benefits re-
quired to be provided by subsecton 1 of section 17;
(o) "Superintendent" means the Superintendent of
Pensions; and
(p) "supplementary pension plan" means all or that
part of a registered pension plan that provides
pension benefits and any other benefits for all or any
110
ineiubers of a mandatory group apart from or in
addition to the pension benefits and any other
benefits provided for the same mandatory group by
a standard pension jjlan.
PART I
PENSION COMMISSION
Pension 2. — (1) The Pension Commission of Ontario is hereby
Commission , i- , , i i n i i r r 1 ,^ 1
established established and shall be composed or not lewcr than hve and
not more than nine members as the Lieutenant Governor in
Council from time to time determines.
ments"*^ (2) The Lieutenant Governor in Council shall appoint the
chairman, the vice-chairman and the other members of the
Commission, each of whom shall hold office for a term of
three years, except that, of those first appointed, one-third,
or as nearly as may be, shall be appointed for a term of one
year, one-third, or as nearly as may be, for a term of two years,
and the remainder for a term of three years.
atfooin tine lit ^^^ Every member of the Commission is eligible for re-
appointment upon the completion of his term of office.
ohairman *^* ^" ^^^^ event of the absence of the chairman and the
vice-chairman, such member of the Commission as the
members of the Commission designate for the purpose shall
act as and have the powers of the chairman.
Vacancies 4. The Lieutenant Governor in Council may fill any
vacanc\' that occurs from time to time in the membership of
the Commission.
Quorum 5, Oiie-iialf or more of the members of the Commission
constitute a ciuorum, whether or not a vacancy exists in the
membership of the Commission.
employment ^'(0 i he Commission may, subject to the approval of
the Lieutenant Governor in Council, establish job classifica-
tions, salary ranges and the terms and conditions of employ-
ment of the members of its staff.
o"t'^' ^^^^' (2) ^ ^'^ Public Service Superannuation Act applies to the
applicable |)ermanent members of the staff of the Commission and to
those members of the Commission designated by the
Lieutenant Governor in Council.
Security (3^ }rvxTy person who is entrusted by the Commission
with the custody or control of money in the course of his
employment shall give security in the manner and form
^326' ^^*^"' P''ovided by The Public Officers Act.
110
Sections 2, 3, 4, 5 and 6. Self-explanatory.
110
Section 7 — Subsection 1. Clauses a and b. Self-explanatory.
Clause c. The Commission is empowered to disqualify a registered
pension plan under the Act if the plan is not maintained in sound financial
condition in accordance with the rules prescribed by the regulations, or if
the plan is amended in contravention of the rules prescribed by, for ex-
ample, sections 17, 18 and 19.
Clause d. Self-explanatory.
Clause e. The Commission will assess fees for registration and super-
vision of pension plans as permitted by the regulations.
Clause/. Self-explanatory.
Clause g. Self-explanatory.
Subsection 2. The enactment of uniform pension legislation by all
provinces will permit interprovincial reciprocity. Subsection 2 provides
for agreements under which portable pension credits may follow an
employee from one province to another.
Sections 8, 9, 10 and 11 (1). Self-explanatory.
110
7. — (1) It is the function of the Commission and it has P'"n«"«» »"<*
'^ ' powers of
power, Commission
(a) to promote the establishment, extension and im-
provement of pension plans throughout Ontario;
(6) to accept for registration all pension plans required
to be registered or filed for registration with the
Commission under this Act, and to reject any pension
plan that does not qualify for registration ;
(c) to administer and enforce this Act, and to withdraw
pension plan certificates of registration issued in
respect of pension plans that,
(i) fail to meet the tests for solvency prescribed
by the regulations, or
(ii) otherwise cease to qualif}'^ for registration
under this Act;
{d) to conduct surveys and research programmes and to
obtain statistics for the purposes of the Commission;
(e) to assess, collect and retain for the purposes of the
Commission fees for the registration and annual t) -v.
supervision of pension plans as prescribed by the
regulations ;
(/) if deemed advisable, to establish or to support the
establishment of an insurance fund for the purpose
of underwriting pension fund deficiencies arising
because of the insolvency of pension funds; and
(g) to perform such other functions and discharge such
other duties as are assigned to it from time to time
by the Lieutenant Governor in Council.
(2) The Commission mav, subject to the approval of the '^«<^*p''o°*j
.' . ^ ' .. ' . ^^ . agreements
Lieutenant Governor in Council, enter into agreements with
the authorized representatives of other provinces and of the
Government of Canada to provide for the reciprocal payment
and receipt of amounts as pension benefit credits for the
account of employees who change their place of employment
and for the reciprocal audit and inspection of pension plans.
8. — (1) The Commission shall appoint the Super! ntendent«u perin-
of Pensions who shall be the chief administrative officer of Pensions
the Commission.
110
trative'* (2) The Commission may establish such administrative
divisions divisions as appear to be appropriate from time to time.
Mon8°'"^'* 9. The moneys required for the purposes of the Commission,
in addition to the fees and charges assessed under clause e
of subsection 1 of section 7 and fines imposed under section 22
and retained by the Commission, shall be paid out of the Con-
solidated Revenue Fund during the fiscal year 1963-64, and
thereafter shall be paid out of the moneys appropriated
therefor by the Legislature.
Audit
Annual
report
10. The accounts and financial transactions of the Com-
mission shall be examined annually by the Provincial Auditor
or such other auditor as the Lieutenant Governor in Council
designates.
11. — (1) The Commission shall make an annual report of
the affairs of the Commission to the Minister.
Advisory
Review
Committee
(2) The Lieutenant Governor in Council shall, in 1970 and
at intervals of five years thereafter, appoint a committee of
not fewer than five members, to be known as the Advisory
Review Committee, to advise and assist the Minister by
reporting to him its recommendations for amendments to
this Act and to the regulations.
Tabling
of reports
(3) The Minister shall submit the annual report and the
report of the Advisory Review Committee to the Lieutenant
Governor in Council and shall then lay the reports before
the Assembly if it is in session or, if not, at the next ensuing
session.
Conflict
Central
Pension
Agency
Registration
of pension
plans
12. In the event of conflict between any provision of this
Act and any provision of any other Act, the provision of this
Act prevails.
PART II
CENTRAL PENSION AGENCY
13. The Lieutenant Governor in Council may establish
or designate an agency known as the Central Pension Agency
for the purposes, among others, of receiving, holding and
disbursing pension benefit credits under this Act.
PART III
REGISTRATION OF PENSION PLANS
14. — (1) Every emplo^^er of a mandatory group shall,
(a) on or before the 1st day of January, 1964, file with
the Commission an information return in the pre-
110
Section 11 — Subsection 2. The Advisory Review Committee is
established to permit the appointment of qualified representatives of
interested groups, such as labour and industry, to advise the Minister
with respect to the administration of the Act and with respect to recom-
mended amendments.
Subsection 3. Self-explanatory.
Section 12. Self-explanatory.
Section 13. It is contemplated that a Central Pension Agency will
be established or designated by the Lieutenant Governor in Council. Its
chief role will be to assemble accumulations that are too small in them-
selves to give rise to significant pensions, and in due course the Agency
may turn the accumulations over to a vendor of annuities when they have
reached a significant size. In addition to accepting small sums, the
Central Pension Agency may handle or otherwise concern itself with the
assets of non-insured plans or organizations that have gone out of existence.
Section 14 — Subsection 1. Clause a will enable the Commission to
obtain full information concerning existing pension plans. Clause b
requires the establishment and registration of standard pension plans for
all mandatory groups of employees in Ontario on or before January 1, 1965.
Clause c requires the maintenance of all registered standard pension plans
and their continued qualification under the Act on and after January 1,
1965.
110
Subsection 2. The establishment of supplementary pension plans is
permissive. All such plans established must, however, be registered with
the Commission and, while in force, be maintained in compliance with the
rules prescribed by sections 18 and 19 of the. Act.
Subsection 3. This subsection deals with new employers and new
mandatory groups established after January 1, 1965.
110
scribed form in respect of every pension plan ad-
ministered by or on behalf of the employer or the
mandatory group at any time on or after the 1st day
of January, 1961, together with a copy of every such
plan ;
(b) establish a standard pension plan to become effective
on or before the 1st day of January, 1965, by amend-
ment of an}' pre-existing pension plan or by establish-
ing a new plan, and file a copy of the standard
pension plan with the Commission for registration
on or before the 1st day of July, 1964, or as soon there-
after as the Commission requires; and
(c) on and after the 1st day of January, 1965, maintain
the registered standard pension plan in force as a
pension plan qualified for registration under sec-
tions 17 and 19.
(2) Every employer of a mandatory group covered by a mentarV
supplementary pension plan shall, pfan'°"
(a) file the supplementary pension plan witli the Com-
mission for registration on or before the 1st day of
January, 1965, or as soon thereafter as the Commis-
sion reciuires; and
(b) on and after the 1st day of January, 1965, while the
registered supplementary pension plan remains in
force, maintain its qualification for registration as
required by sections 18 and 19.
(3) Where an employer was not the employer of a manda- mamlatory"'^
tory group on or before the 1st dav of Januarv, 1965. he shall, froup after
withm SIX months after becommg the employer of a mandatory
group,
(a) establish a standard pension plan and lile the plan
with the Commission for registration;
(b) maintain the registered standard pension plan in
force as a pension plan qualified under sections 17
an<l 19 for registration; and
(c) file for registration any supplementary pension [)lan
established for the mandatory group, and while
such pkux remains in force maintain its qualification
for registration as recjuired by sections 18 and 19.
110
Subsections 9 and 10. Self-explanatory.
Section IS. Self-explanatory.
Section 16. This saving clause relieves penalties in a case in which
failure to register a pension plan is caused by delay for which the employer
is not responsible. The report of the Superintendent will be a relevant
document in the case of an appeal to the Court of Appeal. See sections 24,
25.
110 (:i
(6) an employer may revoke his election at any time
more than two years after the date of making the
election, and in the event of such revocation the
election ceases to be effective one year after the
date of revocation.
(9) For the purpose of this section, Sa^s*"'"'"^
(a) a standard pension plan may form part of a profit
sharing plan or part of a deferred profit sharing
pension plan ; and
(b) a standard pension plan and a supplementary pension
plan may be combined for the purpose of registration.
(10) Every employer of a group covered by a pension pli^n^ti^nfs
shall file with the Commission annually, on or before the
31st day of March, an information return in the form pre-
scribed by the regulations in respect of every pension plan
administered by or on behalf of the employer or tlie group.
15. The Commission shall accept for registration and issue of^ptans" or
its certificate in respect of, registration
(a) each standard pension plan filed for registration under
subsection 1 or 3 of section 14 that in the opinion
of the Commission is a plan organized and adminis-
tered in accordance with sections 17 and 19;
(b) each supplementary pension plan filed for registra-
tion under subsection 2 or 3 of section 14 that in
the opinion of the Connnission is a plan organized
and administered in accordance with sections 18 and
19; and
(c) each plan filed for registration under subsection 8
of section 14.
10. After a pension plan is filed with the Connnission for i*»"o*^e«*"/® ,
If- • 1 1 .1 1 • I A- • • "PO" refusal
registration, the Superintendent shall advise the Commission to register
in writing of his opinion as to whether or not the plan is
organized and administered in accordance with Part 111, and
no penalty shall be imposed upon an employer under this Act
for failure to register a pension plan until the written opinion
of the Superintendent has been received by the Connnission
and the Commission has advised the employer of its decision
concerning registration of the plan by registered mail and
thirty days have elapsed thereafter, ■
110
10
terms^and ^'* ' — (^) ^ Standard peiisioii plan filed for registration as
conditions required or permitted by section 14 shall, on and after the
of standard ' r t <«^r
pension 1st day oi January, 1965,
plans ■'J J '
(a) require each eligible employee to become a member
of the plan;
(b) provide, in the case of each eligible employee who
has been a member of the plan for not less than
twelve months, for the accrual of pension benefit
credits from a time not later than the date upon
which the eligible employee became a member of
the plan;
(c) provide for the payment to each eligible employee
of a pension benefit, commencing not later than age
seventy years, based upon contributions to or under
the plan in respect of eligible employment on and
after the 1st day of January, 1965, and calculated as
the actuarial equivalent of a single life annuity com-
mencing at age seventy years,
(i) of a monthly amount of one-half of 1 per cent
of the monthly remuneration for each year of
eligible employment, applied to the re-
muneration earned up to $400 per month,
(ii) derived from a total contribution of, in the
case of an employee who has attained the age
of
30 years l^%
45 years 2%
55 years 3%
of the first $400 of remuneration per month,
together with interest at an annual rate of
not less than 4 per cent or not less than such
other rate as is prescribed by the regulations,
or
(iii) of a monthly amount of $2 for each year of
eligible employment;
(d) provide a death benefit, payable in the event of the
death of an employee before the commencement of
the payment of his pension ^benefits to his personal
representative or to a beneficiary he has designated,
of an amount equal to the employee's contributions
to the pension plan together with interest at an
annual rate of not less than 3 per cent or to such
other benefit of at least equal value;
110
Section 17 — Subsection 1. Clauses a and ft. Every qualified employee
must become a member of a standard pension plan after 6 months' service,
and the plan must so provide. Portable pension benefits will accrue from
the date of entry into the plan, provided the minimum service requirement
of 12 months is satisfied.
Clause c. This clause prescribes the pension benefits required to be
provided by a standard pension plan. The established minimum benel^ts
must commence notjlater than age 70 and are calculated as the actuarial
equivalent of a single life annuity commencing at age 70 in an amount
specified by subclauses i to iii for the types of pensions therein set out.
Clause d. This clause provides that, in the event of death of an
employee prior to retirement, the employee's personal representative or
beneficiary will be entitled to a death benefit in an amount equal to his
contributions to the plan, together with interest at an annual rate of not
less than 3 per cent or at least an equivalent benefit, such as a death
benefit to his widow, if the plan so provides.
110
Clauses e and /. These clauses provide for vesting of standard pension
benefit credits and for preservation and portability or transfer of those
credits. The amount standing to the credit of an eligible employee niay,
according to the terms of the pension plan, provide for the immediate
purchase of a deferred annuity upon termination of employment, the
"cold storage" of the employee's credits, or the transfer of the credits
to the Central Pension Agency, to a retirement savings plan approved by
the Superintendent or to the standard pension plan covering the mandatory
group of which the employee becomes a member when he takes new
employment.
Clause g. This clause provides for the "locking in" of employee
contributions to a standard pension plan. The pension benefit credit that
must be made available by the pension plan at termination of employment
is provided by the aggregate of vested employer contributions and em'
ployee contributions locked in under this clause.
Clause h. This clause provides that the pension benefits prescribed by
clause c and the deferred annuity prescribed by clause e are not capable of
surrender, commutation, assignment or alienation.
Subsection 2. This subsection allows the recoxery by the employer
from his eligible employees by deduction from remuneration payable to
such employees of an amount not exceeding 50 per cent of the pro rata
share attributable to the employee of the aggregate yearly cost of either a
unit benefit plan or a flat rate plan. In the case of a money purchase plan,
the employer may recover 50 per cent of the contributions made for an
employee who is under age 55 or that part of the contribution made for an
employee who is age 55 or older in excess of 1 per rent of the first $400 of
remuneration earned each month.
110
Ui.
11
(e) provide that, upon termination of his employment
prior to retirement, an eligible employee is, subject
to clause/, entitled to a deferred life annuity that is
equal to those portions of the annuity prescribed by
clause c and of the death benefit prescribed by clause d
for which contributions were made in respect of
eligible employment on and after the 1st day of
January, 1965;
(/) provide that, where an eligible employee terminates
his employment, a deferred life annuity prescribed
by clause e shall be provided for the employee by,
(i) the purchase of such aimuity upon termination
of employment,
(ii) a contractual undertaking by his employer to
pay or to purchase such annuity upon attain-
ment of retirement age by the employee, or
(iii) the transfer of the pension benefit credit re-
quired to provide such annuity to the Central
Pension Agency or to the standard pension
plan of which the employee becomes a member
upon entering into new employment or to a
retirement savings plan approved by the
Superintendent,
as determined under the terms of the plan;
(g) provide that contributions made by each employee
to the plan after the 1st day of January, 1965, and
after the employee has attained the age of thirty
years may not be withdrawn upon termination of
employment; and
(h) provide that both the pension benefit prescribed by
clause c and the deferred life annuity prescribed by
clause e are for the employee's own use and benefit
and are not capable of surrender, commutation,
assignment or alienation and do not confer upon
any employee, personal representative or dependant,
or any other person, any right or interest in the
pension benefit or the deferred annuity capable of
being surrendered, commuted, assigned or otherwise
alienated.
(2) Subject to subsection 3, the employer may recover by^^^^^j^^
deduction from renmneration payable to an eligible employee
a portion of the cost of establishing and maintaining in force
a standard pension plan, but such portion may not exceed,
110
12
Different
cost-sharing
formula
Idem
Payment
to Central
Pension
Agency
Exception
regarding
membership
in standard
plana
(a) in the case of a unit benefit plan or a flat rate plan,
50 per cent of the pro rata share attributable to the
employee of the aggregate cost of the plan for the
year or for such other period as the Commission
approves; and "^Wi
(b) in the case of a money purchase plan,
(i) 50 per cent of the contributions made for an
employee who is under age fifty-five years, or
(ii) that part of the contribution made for an
employee who is age fifty-five years or older
in excess of 1 per cent of the first S400 of
remuneration earned each month.
(3) If an agreement made between an employer and his
employees or between an employer and an authorized repre-
sentative of his employees in effect on the day this Act came
into force and in effect on or after the 1st day of January,
1965, provides a formula different from the formula described
in subsection 2 for sharing the cost of maintaining in force a
pension plan that becomes in whole or in part a standard
pension plan, the terms of such agreement shall govern during
its duration.
(4) If the terms of an agreement, other than an agreement
to which subsection 3 applies, authorize an employer to
recover from remuneration payable to an eligible employee
a portion of the cost of establishing and maintaining in force
a standard pension plan larger than that described in subsec-
tion 2, the employer is not entitled to recover an}' portion of
such cost in excess of that described in subsection 2.
(5) Notwithstanding clause / of subsection 1, the Superin-
tendent may require payment of a pension benefit credit
derived from a standard pension plan to the Central Pension
Agency or to the standard pension plan of which an employee
becomes a member upon entering into new employment or
may require the former employer of an employee to enter into
a contractual undertaking to pay or to purchase the life
annuity prescribed by clause e of subsection 1 upon attainment
of retirement age by the employee.
(6) Notwithstanding subsection 1, an employee who be-
comes a member of a mandatory group after he has attained
the age of sixty-five years is not required to become a member
of the standard pension plan covering the mandatory group.
Where
more than
one plan
(7) Notwithstanding clause a of subsection 1, where more
than one standard pension plan is established and main-
tained by an employer, an eligible employee of such employer
110
Subsection 5. The Superintendent is empowered to require either the
transfer of a pension benefit credit or the "cold storage" or purchase of
pension benefit notwithstanding clause /of subsection 1.
Subsection 6. An employee who becomes a member of a mandatory
group when over the age of 65 is not required to become a member of the
standard pension plan covering such group.
110
Section 18 — Subsection 1. Clause a. Pension benefit credits arising
from employer contributions under a supplementary pension plan are
irrevocably vested for the credit of an employee after he has attained the
age of 45 years and has been in service for a continuous period of at least
10 years. This vesting rule does not apply to employer contributions made
prior to 1965.
Clause b. This clause provides that both the pension benefits under a
supplementary plan and the deferred life annuity prescribed by section 18
are not capable of assignment or alienation.
Clause c. This clause provides that the deferred life annuity prescribed
by section 18 is not capable of surrender or commutation.
Subsection 2. Required employee contributions to or under a supple-
mentary pension plan after 1964 are "locked in" when the employment
terminates after the employee is 45 years old and has been employed by
the employer for at least 10 consecutive years and who is entitled to a
deferred life annuity under subsection 1. On the other hand, voluntary
employee contributions may be withdrawn by the employee when his
employment is terminated notwithstanding the prior vesting under sub-
section 2.
An employee who terminates his employment prior to the age of
45 years or before attaining 10 years' service has no vested supplementary
pension rights under this Act and may withdraw his own contributions to
the supplementary pension plan in full.
Subsection 3. This provision permits a supplementary pension plan
to provide for the withdrawal by an employee in partial discharge of his
rights under the plan of a lump sum upon termination of employment
prior to retirement not exceeding 25 per cent of the commuted value of the
deferred life annuity prescribed by section 18.
110
13
shall be required to become a member of only one of such
plans. "^PB
18. — (1) A supplementary pension plan filed for registra- vesting
tion as required or permitted by section 14 shall provide that, for supple-
mentary
(a) after a member of the plan has attained the age of p®"^'<*" p *"
forty-five years and has been an employee of the
employer for not less than a continuous period of ten
years, he is entitled, upon termination of his employ-
ment prior to his attaining retirement age, to a de-
ferred life annuity equal to the portion of the pension
benefits provided under the terms of the plan in
respect of service on or after the 1st day of January,
1965;
(b) both the pension benefits provided under the terms
of the plan and the deferred life annuity prescribed
by this section are for the employee's own use and
benefit and are not capable of assignment or aliena-
tion and do not confer upon any employee, personal
representative or dependant, or any other person, any
right or interest in the pension benefits or the deferred
annuity capable of being assigned or otherwise
alienated; and
(c) the deferred life annuity prescribed by this section
is not capable of surrender or commutation and does
not confer upon any employee, personal representa-
tive or dependent, or any other person, any right or
interest in the deferred annuity capable of being
surrendered and commuted.
(2) Upon termination of the employment of an employee ^^^^'"2
who has attained the age of forty-five years and has been ®i"P^9y®?,
Y f 1 1 • contributions
an employee of the employer for not less than a contmuous
period of ten years and who is entitled to a deferred life
annuity under clause a of subsection 1, the employee is not
entitled to withdraw any part of the contributions he has
been required to make to or under the plan on or after the
1st day of January, 1965, and such contributions shall be
applied under the terms of the plan for the provision of a
deferred life annuity as part of or as supplementai'y to the
annuity, if any, required to be provided to the employee under
clause a of subsection 1.
(3) Notwithstanding subsections 1 and 2, where a supple- ^**'®p
mentary pension plan so provides, an employee may receive
in partial discharge of his rights under the plan as a lump sum
upon termination of employment prior to retirement an
amount that in total does not exceed 25 per cent of the
commuted value of the deferred life annuity prescribed by
this section.
110
14
JontribuVons ^^^ Where ail employee terminates his employment and is
required by the terms of a supplementary pension plan to
withdraw all or part of the contributions made by him, the
employee may direct that his contributions be transferred to
the Central Pension Agency or to a supplementary pension
plan of which he becomes a member upon entering into new
employment if that plan so permits.
Transfer of (5) The Superintendent may require the transfer of the
benefit pension benefit credit necessary to provide the deferred life
^^^ ** annuity to which an employee is entitled under clause a of
subsection 1 to the Central Pension Agency or to the pension
plan of which such employee becomes a member upon entering
new employment or may require the former employer of an
employee to enter into a contractual undertaking to pay or to
purchase the annuity prescribed by clause a of subsection 1
upon attainment of retirement age by the employee.
Funding utui 19, ^ pension plan filed for registration as reciuired or
solvency of • , , • ^ * , 1, • 1 r
registered permitted by section 14 shall provide tor,
pension
(a) funding, in accordance with the tests for solvency
prescribed by the regulations, that is adequate to
provide for payment of all pension benefits or de-
ferred life annuities required to be paid under the
terms of the plan ; and
(b) a written explanation to each eligible employee of
the terms and conditions of the pension plan and
amendments thereto applicable to the mandatory
group of which the employee is a member, together
with an explanation in prescribed form of the rights
and duties of the employee with reference to the
benefits available to him under the terms of the
pension plan.
Regulations . 20. The Lieutenant Governor in Council may make
Iregulations,
(a) respecting methods of computing pension benefit
credits and the pension benefits arising therefrom,
and the commuted value of a deferred life annuity;
(b) respecting the integration of pension benefits with
R-S.C. 1952. benefits payable under the Old Age Security Act
0.200 //- J \
(Canada) ;
(c) determining the proportions of contributions by
employers and employees to pension plans that are
attributable to a standard pension plan;
(d) prescribing tests and standards for solvency of
pension plans;
110 ■'-
Subsection 4. Because there is no mandatory restriction on cash
withdrawal on termination of employment other than the restriction
provided by subsection 2, this subsection enables an employee to direct
transfer of the contributions he may be required to withdraw upon ter-
mination of employment to the Central Pension Agency or to the plan
of his new employer. Sn( h contributions may include voluntary contribu-
tions, contributions made In the employee prior to the 1st day of January,
1965, and contributions made by an employee who terminates his employ-
ment before attaining the age of 45 years and serving for 10 years.
Subsection 5. When an employee is entitled to a deferred life annuity
after he has satisfied the double standard provided in clause a of subsec-
tion 1 and thereafter terminates his employment, this provision empowers
the Superintendent to require payment of the value of such annuity to the
Central Pension Agency or to the pension plan of the employee's new
employer or alternatively to require the former employer to keep the
pension benefit in "cold storage" until the employee reaches retirement age
and at that time to pay or purchase the annuity.
SiXTiox 19. This section governs all registered pension plans.
I
Section 20 — Clause a. Methods of determining at a particular time
the current value of the pension benefit to which an employee is entitled
differ according to the type of pension plan, and will be prescribed by
regulations as will methods of determining the commuted value of a deferred
life annuity.
Clause b. In the case of persons retiring before age 70, this clause
will enable the Lieutenant Governor in Council to make regulations
providing for a step-rate pension to integrate with the pension payable
under the Old Age Security Act (Canada).
Clause c. This clause will enable the Lieutenant Governor in Council
to make regulations to prevent abuses arising from unreasonable alloca-
tions of employer and employee contributions between standard and
supplementary pension plans.
Clause d. Funding requirements are to be prescribed by regulation,
both for new plans providing pension coverage in respect of eligible employ-
ment after the year 1964 and for old plans in existence prior to 1965.
The wide variation of conditions of solvency among different pension
plans requires the prescription of tests for solvency by regulation in order
to achieve flexibility and maintain equity.
110
Clause e. The regulations made pursuant to this clause will take into
account special circumstances arising in the case of insolvent or bankrupt
pension funds.
Clause /. Self-explanatory.
Clause g. Self-explanatory.
Clause h. Complementary to section 7(1) (/).
Clauses i, j and k. Self-explanatory.
SrcTioN 21. Self-explanatory.
Section 22 — Subsections 1, 2 and 3. The enforcement provisions of
the Act are directed toward the establishment and maintenance of solvent
pension funds for the provision of standard pension benefits. All fines
recovered are made available to further this statutory purpose.
110
15
(e) defining the conditions under which the Superin-
tendent may require an employer to pay or credit
an amount to the Central Pension Agency ;
(/) prescribing the conditions under which pension
benefit credits may be retained by the administrator,
insurer or trustee of a pension plan, or transferred
to the administrator, insurer or trustee of another
pension plan upon termination of employment of
an eligible employee;
(g) designating employees or pension plans or any class
thereof that are excepted from the application of the
Act and the regulations;
(h) defining the conditions under which the Commission
may participate in the organization and administra-
tion of the insurance fund described in clause / of
subsection 1 of section 7, and fixing premiums which
shall be payable to such fund by an employer or
other person;
(f) requiring the furnishing of information in respect of
pension plans, and prescribing forms and providing
for their use;
(j) prescribing fees for registration and the annual super-
vision of pension plans;
(k) respecting any matter necessary or advisable to
carry out effectively the intent and purpose of this
Act.
21. The Commission is not liable for any act or omission having
of any trustee, insurer or administrator of a pension plan,
or for or in respect of any default or breach of contract on
the part of an employee or of any trustee, insurer or adminis-
trator of a pension plan.
PART IV
ADMINISTRATION, ENFORCEMENT AND APPEAL
22. — (1) Every employer who contravenes section 14 is Penalties
guilty of an offence and on summary conviction is liable to a
fine for each day of default equal to not more than the daily
amount required to be paid to maintain a registered pension
plan for his employees plus not more than $100 per day.
(2) Every person who contravenes any other provision of id®'"
this Act or the regulations or who obstructs an officer or
agent of the Commission in the performance of his duties is
guilty of an offence and on summary conviction is liable to
a fine of not less than $200 and not more than $10,000 or lo
110
16
Disposition
of fines
Inspei tion
iniprisoimient for a term of not more than six months, or to
both.
(3) The fines recovered for offences against this Act shall
be paid to the Commission, and fines imposed under sub-
section 1 may be paid by the Commission to the Central
Pension Agency for the credit of the eligible employees of the
payer.
(4) The Superintendent or his duly authorized representa-
tive may, at any reasonable time,
(a) inspect the books, files, documents and other records
respecting a pension plan kept by an employer, an
insurer, a trustee of the pension plan or an>- other
person; and
(b) recjuire any employer, insurer, trustee of a pension
plan or other person to furnish, in a form acceptable
to the Commission, such information as the Com-
mission deems necessary for the purpose of ascertain-
ing whether this Act and the regulations have been
or are being complied with.
(vS) No action lies against any i)erson for withholding,
deducting, paying or crediting any sum of money in com-
pliance or intended compliance with this Act.
(6) Where this Act requires an amount to be deducted,
withheld, paid or credited, an agreement by the person on
whom that obligation is imposed not to deduct, withhold,
pay or credit such amount is void.
23. — (1) No member of the Commission and no employee
thereof shall be required to give testimony witiiout the consent
of the Commission in any civil action in which the Commission
is not a party with regard to information obtained in the dis-
charge of his duties.
Liability of (2) No member of the Commission and no employee thereof
employees of is personally liable for anything done by it or him in good
ommiBson j-j^^jj]^ under the authority of this Act or. the regulations.
Actions for
dedu(!tinK
sums
AKreenients
void
Evidence
Notice of
objection
Service
24. — (1) Where the Commission refuses to accept for regis-
tration a pension plan filed for registration under this Act,
the employer may, within ninet>' days from the day of mailing
of a notification of refusal of registration, serve on the Com-
mission a notice of objection in duplicate in the prescribed
form, setting out the reasons for the objection and all relevant
facts.
(2) A notice of objection under this section shall be served
by being sent by registered mail addressed to tlie Commission
at Toronto.
110
Subsertions 4, 5 and 6. Self-explanatory.
SixnoN 23. Self-explanatory.
SiXTioNS 24, 25 and 26. Procedure is established for appeals to the
Court of Appeal in the event of a dispute concerninj( the qualiliration of a
pension plan for registration.
110
Section 27. To protect the confidential character of many pension
plans, provision is made for hearings in camera.
Section 28. Self-explanatory.
110
17
(3) Upon receipt of a notice of objection, the Commission ^^J^'^g^y^^
shall with all due dispatch reconsider its opinion, and vary
or confirm its opinion, and it shall thereupon notify the
employer of its actions by registered mail.
25. Where an employer has served a notice of objection ^pp®^^
under section 24, he may appeal to the Court of Appeal for
an order requiring the Commission to accept the pension plan
for registration under this Act,
(a) within ninety days after the Commission has con-
firmed its opinion that the pension plan is not
acceptable for registration; or
(b) after ninety days and before 180 days have elapsed
after service of the notice of objection and the
Commission has not notified the employer that it
has confirmed or varied its opinion.
26.— (1) An appeal to the Court shall be instituted by^t^f^l^^f
filing with the Registrar of the Court or by sending by^PP®*'
registered mail addressed to him at Toronto three copies of a
notice of appeal in such form as is determined by the rules of
the Court.
(2) Upon receipt of the copies of the notice of appeal, the^''^^^^^^^^^"
Registrar shall transmit two copies to the Superintendent. intendent
(3) Immediately after receiving a copy of the notice of ^f"^|ter1a^°"
appeal, the Superintendent shall forward to the Registrar
copies of all documents relevant to the appeal.
27. An appeal mav, in the discretion of the Court, be Hearings
11- • 1 !• 1 1 n ' »» camera
heard tn camera or in public, unless the appellant requests
that it be heard in camera, in which case it shall be so heard.
28. — (1) The Court may dispose of an appeal by dismissing ^/Ip^p^iais"
it, by referring the matters in issue back to the Commission
for reconsideration, or by allowing the appeal.
(2) Where the Court allows an appeal under this section, f^clskm"*^
the Commission shall accept the pension plan for registration °^ Court
in accordance with the direction of the Court, which may
include conditions precedent to qualification for registration
of the plan imposed upon the appellant.
29. This Act comes into force on a day to be named by ^e^lt'"^""®'
the Lieutenant Governor by his proclamation.
30. This Act may be cited as The Pension Benefits ^c/, ^*'°'"' *'*'®
1962-63.
110
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F
BILL 110
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to provide for the Extension, Improvement and
Solvency of Pension Plans and for the Portability
of Pension Benefits
Mr. Robarts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 110 1962-63
An Act to provide for the Extension, Improve-
ment and Solvency of Pension Plans and
for the Portability of Pension Benefits
H
ER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, fatlo'rf"*
(a) "Commission" means the Pension Commission of
Ontario;
(b) "eligible employee" means an employee who has
attained the age of thirty years but who has not
attained the age of seventy years and who is a mem-
ber of a mandatory group, but does not include an
employee engaged in excepted employment as pre-
scribed by the regulations, and "eligible employment"
means employment as an eligible employee;
(c) "employee" means an individual who performs in
Ontario service on a full-time basis for a continuous
period of not less than six months, under a contract
of service or of apprenticeship, and includes an
officer of a corporation, and "service on a full-time
basis" means employment for an average work week
of twenty-four hours or more throughout such con-
tinuous period of not less than six months;
'employer" means,
(i) in relation to an employee, the person,
partnership, firm, association, institution or
other unincorporated organization or corpora-
tion, wherever incorporated, carrying on busi-
ness in Ontario from whom the employee
receives his remunefation, and
110
(ii) in relation to a mandatory group, a person,
partnership, firm, association, institution or
other unincorporated organization or cor-
poration, wherever incorporated, carrying on
business in Ontario who employs a mandatory
group,
and includes Her Majesty in right of Ontario, an
agent of Her Majesty or a municipality as defined
fl'g^' *®^°' in The Department of Municipal Affairs Act;
(e) "life annuity" means an annuity that continues for
the duration of the life of the annuitant, whether
or not it is thereafter continued to some other person,
and "deferred life annuity" means a life annuity
that commences at retirement age under a pension
plan, but in any event not later than age seventy
years ;
(/) "mandatory group" means a group of fifteen or more
employees,
(i) employed by the same employer or by two or
more employers who do not deal with each
other at arm's length or who would be deemed
not to deal with each other at arm's length
R.sx). I960, under section 1 of The Corporations Tax Act,
or
(ii) employed by a trade association or other group
of employers with which the employees have
entered into a master contract governing rates
of pay and conditions of work,
and "non-mandatory group" means a group of fewer
than fifteen employees who are so employed;
if:) "Minister" means the member of the Executive
Council designated by the Lieutenant Governor in
Council to administer this Act;
(/z) "pension benefit" means the aggregate annual,
monthly or other periodic amounts to which an
eligible employee will become entitled at retirement
age under a pension plan, and "pension benefit
credit" means the value at a particular time of the
pension benefits and any other benefits provided
under the pension plan to which an eligible employee
has become irrevocably entitled;
110
(i) "pension plan" means a superannuation or pension
fund or plan organized and administered to provide
a pension benefit for employees, and includes,
(i) a unit benefit plan under which pension bene-
fits are determined with reference to remunera-
tion of an employee for each year of service,
or for a selected number of years of service,
(ii) a money purchase plan under which pension
benefits are determined at the retirement of
an employee with reference to the accumulated
amount of the aggregate contributions paid
by or for the credit of the employee,
(iii) a flat benefit plan under which the pension
benefits are expressed either as a fixed amount
in respect of each year of employment or as
a fixed periodic amount, and
(iv) a deferred profit sharing pension plan other
than a profit sharing plan as defined in sec-
tions 52 and 53a of The Corporations Tax Act;f'-^^- ^^®®'
0) "registered pension plan" means a pension plan that
is registered with and certified by the Commission
as a plan organized and administered in accordance
with Part III of this Act;
(k) "regulations" means the regulations made under this
Act;
(/) "remuneration" means basic or regular salary or
wages, and commissions;
(m) "single life annuity" means an annuity that con-
tinues only for the duration of the life of the
annuitant;
(n) "standard pension plan" means all or that part of a
registered pension plan that provides for payments
of the pension benefits and any other benefits re-
quired to be provided by subsecton 1 of section 1 7 ;
(o) "Superintendent" means the Superintendent of
Pensions; and
(p) "supplementary pension plan" means all or that
part of a registered pension plan that provides
pension benefits and any other benefits for all or any
110
members of a mandatory group apart from or in
addition to the pension benefits and any other
benefits provided for the same mandatory group by
a standard pension plan.
PART I
PENSION COMMISSION
Pension 2. — (1) The Pension Commission of Ontario is hereby
established estabUshed and shall be composed of not fewer than five and
not more than nine members as the Lieutenant Governor in
Council from time to time determines.
Appoint-
ments
(2) The Lieutenant Governor in Council shall appoint the
chairman, the vice-chairman and the other members of the
Commission, each of whom shall hold office for a term of
three years, except that, of those first appointed, one-third,
or as nearly as may be, shall be appointed for a term of one
year, one-third, or as nearly as may be, for a term of two years,
and the remainder for a term of three years.
affpointment ^^^ Every member of the Commission is eligible for re-
appointment upon the completion of his term of office.
chairman ^* ^" ^^^ event of the absence of the chairman and the
vice-chairman, such member of the Commission as the
members of the Commission designate for the purpose shall
act as and have the powers of the chairman.
Vacancies 4. Xhe Lieutenant Governor in Council may fill any
vacancy that occurs from time to time in the membership of
the Commission.
Quorum 5, One-half or more of the members of the Commission
constitute a quorum, whether or not a vacancy exists in the
membership of the Commission.
employment ^* — (^) ^^^^ Commission may, subject to the approval of
the Lieutenant Governor in Council, establish job classifica-
tions, salary ranges and the terms and conditions of employ-
ment of the members of its staflF.
o!"33§,' ^^^^" (2) ^^^ Public Service Superanmmtion Act applies to the
applicable permanent members of the stafif of the Commission and to
those members of the Commission designated by the
Lieutenant Governor in Council.
Security (3) Eyej-y person who is entrusted by the Commission
with the custody or control of money in the course of his
employment shall give security in the manner and form
f/iiS'^^^^' provided by The Public Officers Act.
110
7. — (1) It is the function of the Commission and it has ^^n«j:^»^'f»*»**
power Commission
(a) to promote the estabUshment, extension and im-
provement of pension plans throughout Ontario;
(b) to accept for registration all pension plans required
to be registered or filed for registration with the
Commission under this Act, and to reject any pension
plan that does not qualify for registration ;
(c) to administer and enforce this Act, and to withdraw
pension plan certificates of registration issued in
respect of pension plans that,
(i) fail to meet the tests for solvency prescribed
by the regulations, or
(ii) otherwise cease to qualify for registration
under this Act;
(d) to conduct surveys and research programmes and to
obtain statistics for the purposes of the Commission;
(e) to assess, collect and retain for the purposes of the
Commission fees for the registration and annual
supervision of pension plans as prescribed by the
regulations;
(/) if deemed advisable, to establish or to support the
establishment of an insurance fund for the purpose
of underwriting pension fund deficiencies arising
because of the insolvency of pension funds; and
(g) to perform such other functions and discharge such
other duties as are assigned to it from time to time
by the Lieutenant Governor in Council.
(2) The Commission may, subject to the approval of tiie Ke.iprooai
J ■ ^ . f^ .. . . agreements
Lieutenant Governor in Council, enter into agreements with
the authorized representatives of other provinces and of the
Government of Canada to provide for the reciprocal payment
and receipt of amounts as pension benefit credits for the
account of employees who change their place of employment
and for the reciprocal audit and inspection of pension i)laiis.
8. — (1) The Commission shall appoint the Superin tendon t^'^p*""!!!-
of Pensions who shall be the chief administrative officer of Pensions
the Commission.
110
Adminis-
trative
divisions
(2) The Commission may establish such administrative
divisions as appear to be appropriate from time to time.
Appropria-
tions
9. The moneys required for the purposes of the Commission,
in addition to the fees and charges assessed under clause e
of subsection 1 of section 7 and fines imposed under section 22
and retained by the Commission, shall be paid out of the Con-
solidated Revenue Fund during the fiscal year 1963-64, and
thereafter shall be paid out of the moneys appropriated
therefor by the Legislature.
Audit
Annual
report
10. The accounts and financial transactions of the Com-
mission shall be examined annually by the Provincial Auditor
or such other auditor as the Lieutenant Governor in Council
designates.
11. — (1) The Commission shall make an annual report of
the affairs of the Commission to the Minister.
Advisory
Review
Committee
(2) The Lieutenant Governor in Council shall, in 1970 and
at intervals of five years thereafter, appoint a committee of
not fewer than five members, to be known as the Advisory
Review Committee, to advise and assist the Minister by
reporting to him its recommendations for amendments to
this Act and to the regulations.
Tabling
of reports
(3) The Minister shall submit the annual report and the
report of the Advisory Review Committee to the Lieutenant
Governor in Council and shall then lay the reports before
the Assembly if it is in session or, if not, at the next ensuing
session .
Conflict
Central
Pension
Agency
Registration
of pension
plans
12. In the event of conflict between any provision of this
Act and any provision of any other Act, the provision of this
Act prevails.
PART II
CENTRAL PENSION AGENCY
13. The Lieutenant Governor in Council may establish
or designate an agency known as the Central Pension Agency
for the purposes, among others, of receiving, holding and
disbursing pension benefit credits under this Act.
PART III
REGISTRATION OF PENSION PLANS
14. — (1) Every employer of a mandatory group shall,
(a) on or before the 1st day of January, 1964, file with
the Commission an information return in the pre-
110
scribed form in respect of every pension plan ad-
ministered by or on behalf of the employer or the
mandatory group at any time on or after the 1st day
of January, 1961, together with a copy of every such
plan;
(b) establish a standard pension plan to become effective
on or before the 1st day of January, 1965, by amend-
ment of any pre-existing pension plan or by establish-
ing a new plan, and file a copy of the standard
pension plan with the Commission for registration
on or before the 1st day of July, 1964, or as soon there-
after as the Commission requires; and
(c) on and after the 1st day of January, 1965, maintain
the registered standard pension plan in force as a
pension plan qualified for registration under sec-
tions 17 and 19.
(2) Every employer of a mandatory group covered by am"ontarV
supplementary pension plan shall, pfan***"
(a) file the supplementary pension plan with the Com-
mission for registration on or before the 1st day of
January, 1965, or as soon thereafter as the Commis-
sion requires; and
(b) on and after the 1st day of January, 1965, while the
registered supplementary pension plan remains in
force, maintain its qualification for registration as
required by sections 18 and 19.
(3) Where an employer was not the employer of a manda- mTifiatory*^
tory group on or before the 1st day of January, 1965, he shall, k^oup after
within six months after becoming the employer of a mandatory
group,
(a) establish a standard pension plan and file the plan
with the Commission for registration;
(b) maintain the registered standard pension plan in
force as a pension plan qualified under sections 17
and 19 for registration; and
(c) file for registration any supplementary pension plan
established for the mandatory group, and while
such plan remains in force maintain its qualification
for registration as required by sections 18 and 19.
110
pian's^of (^) Every employer of a mandatory group shall, where
trade unions the registered standard pension plan is a plan organized and
administered by or on behalf of a trade union or by an
organization representing a trade union and an employer,
cause the plan to be maintained in force as a pension plan
qualified under sections 17 and 19 for registration or, where
the plan is not so maintained in force, comply with sub-
section 1 or 3, as the case may be, as if he were the employer
of a mandatory group established immediately after the plan
ceased to be so maintained in force.
Filing of (5) Every employer of a non-mandatory group covered by
mandatory a pension plan shall,
plan
(a) on or before the 1st day of January, 1964, file with
the Commission an information return in the pre-
scribed form in respect of every pension plan ad-
ministered by or on behalf of the employer or the
group at any time on or after the 1st day of January,
1961; and
(b) on and after the 1st day of January, 1965, maintain
the solvency of every such pension plan as required
by the regulations.
of non-"^ (6) Every employer of a non-mandatory group who
pian^^*°'^^ establishes a pension plan shall,
(a) file with the Commission within sixty days after
establishment of the plan an information return in
the prescribed form ; and
(b) on and after the 1st day of January, 1965, maintain
the solvency of such plan as required by the regula-
tions.
ceas^es f o'^be' 0) Notwithstanding subsection 1, an employer of a man-
mandatory datory group that becomes a non-mandatory group because
of a reduction in the number of its members is not required,
after the group has ceased to be a mandatory group for a con-
tinuous period of one year, to maintain in force a standard
pension plan.
Election to
register non-
mandatory
plan
(8) On or after the 1st day of January, 1965,
(a) every employer of a non-mandatory group may elect
to register the pension plan maintained by him for
his employees, and in the event of such election the
group shall be deemed to be a mandatory group
under this Act, and the provisions of this Act appli-
cable to a mandatory group shall apply to such group;
and
110
(b) an employer may revoke his election at any time
more than two years after the date of making the
election, and in the event of such revocation the
election ceases to be effective one year after the
date of revocation.
(9) For the purpose of this section, Sans^'"'"^
(a) a standard pension plan may form part of a profit
sharing plan or part of a deferred profit sharing
pension plan; and
(b) a standard pension plan and a supplementary pension
plan may be combined for the purpose of registration.
(10) Every employer of a group covered by a pension plan ,'(^^^^^J
shall file with the Commission annually, on or before the
31st day of March, an information return in the form pre-
scribed by the regulations in respect of every pension plan
administered by or on behalf of the employer or the group.
15. The Commission shall accept for registration and issue of'ptans'for
its certificate in respect of, registration
(a) each standard pension plan filed for registration under
subsection 1 or 3 of section 14 that in the opinion
of the Commission is a plan organized and adminis-
tered in accordance with sections 17 and 19;
(b) each supplementary pension plan filed for registra-
tion under subsection 2 or 3 of section 14 that in
the opinion of the Commission is a plan organized
and administered in accordance with sections 18 and
19; and
(c) each plan filed for registration under subsection 8
of section 14.
16. After a pension plan is filed with the Commission for .^^'■o^'®^"/® i
' ^ upon refusal
registration, the Superintendent shall advise the Commission to register
in writing of his opinion as to whether or not the plan is
organized and administered in accordance with Part III, and
no penalty shall be imposed upon an employer under this Act
for failure to register a pension plan until the written opinion
of the Superintendent has been received by the Commission
and the Commission has advised the employer of its decision
concerning registration of the plan by registered mail and
thirty days have elapsed thereafter.
no
• 10
terms^and ^'^ ' — (^) ^ Standard pension plan filed for registration as
conditions required or permitted by section 14 shall, on and after the
or standard ' '^ tr>,^r-
pension 1st day ot January, 1965,
plans J J J ^
(a) require each eligible employee to become a member
of the plan;
(b) provide, in the case of each eligible employee who
has been a member of the plan for not less than
twelve months, for the accrual of pension benefit
credits from a time not later than the date upon
which the eligible employee became a member of
the plan;
(c) provide for the payment to each eligible employee
of a pension benefit, commencing not later than age
seventy years, based upon contributions to or under
the plan in respect of eligible employment on and
after the 1st day of January, 1965, and calculated as
the actuarial equivalent of a single life annuity com-
mencing at age seventy years,
(i) of a monthly amount of one-half of 1 per cent
of the monthly remuneration for each year of
eligible employment, applied to the re-
muneration earned up to $400 per month,
(ii) derived from a total contribution of, in the
case of an employee who has attained the age
of
30 years 13^%
45 years 2%
55 years 3%
of the first $400 of remuneration per month,
together with interest at an annual rate of
not less than 4 per cent or not less than such
other rate as is prescribed by the regulations,
or
(iii) of a monthly amount of $2 for each year of
eligible employment;
(d) provide a death benefit, payable in the event of the
death of an employee before the commencement of
the payment of his pension benefits to his personal
representative or to a beneficiary he has designated,
of an amount equal to the employee's contributions
to the pension plan together with interest at an
annual rate of not less than 3 per cent or to such
other benefit of at least equal value;
110
11
(e) provide that, upon termination of his employment
prior to retirement, an eligible employee is, subject
to clause/, entitled to a deferred life annuity that is
equal to those portions of the annuity prescribed by
clause c and of the death benefit prescribed by clause d
for which contributions were made in respect of
eligible employment on and after the 1st day of
January, 1965;
(/) provide that, where an eligible employee terminates
his employment, a deferred life annuity prescribed
by clause e shall be provided for the employee by,
(i) the purchase of such annuity upon termination
of employment,
(ii) a contractual undertaking by his employer to
pay or to purchase such annuity upon attain-
ment of retirement age by the employee, or
(iii) the transfer of the pension benefit credit re-
quired to provide such annuity to the Central
Pension Agency or to the standard pension
plan of which the employee becomes a member
upon entering into new employment or to a
retirement savings plan approved by the
Superintendent,
as determined under the terms of the plan;
(g) provide that contributions made by each employee
to the plan after the 1st day of January, 1965, and
after the employee has attained the age of thirty
years may not be withdrawn upon termination of
employment; and
(h) provide that both the pension benefit prescribed by
clause c and the deferred life annuity prescribed by
clause e are for the employee's own use and benefit
and are not capable of surrender, commutation,
assignment or alienation and do not confer upon
any employee, personal representative or dependant,
or any other person, any right or interest in the
pension benefit or the deferred annuity capable of
being surrendered, commuted, assigned or otherwise
alienated.
(2) Subject to subsection 3, the employer may recover by^*^^j,*j^
deduction from remuneration payable to an eligible employee
a portion of the cost of establishing and maintaining in force
a standard pension plan, but such portion may not exceed,
110
12
(a) in the case of a unit benefit plan or a flat rate plan,
50 per cent of the pro rata share attributable to the
employee of the aggregate cost of the plan for the
year or for such other period as the Commission
approves; and
(b) in the case of a money purchase plan,
(i) 50 per cent of the contributions made for an
employee who is under age fifty-five years, or
(ii) that part of the contribution made for an
employee who is age fifty-five years or older
in excess of 1 per cent of the first $400 of
remuneration earned each month.
Different
cost-sharing
formula
Idem
Payment
to Central
Pension
Agency
Exception
regarding
membership
in standard
plans
Where
more than
one plan
(3) If an agreement made between an employer and his
employees or between an employer and an authorized repre-
sentative of his employees in effect on the day this Act came
into force and in efTect on or after the 1st day of January,
1965, provides a formula different from the formula described
in subsection 2 for sharing the cost of maintaining in force a
pension plan that becomes in whole or in part a standard
pension plan, the terms of such agreement shall govern during
its duration.
(4) If the terms of an agreement, other than an agreement
to which subsection 3 applies, authorize an employer to
recover from remuneration payable to an eligible employee
a portion of the cost of establishing and maintaining in force
a standard pension plan larger than that described in subsec-
tion 2, the employer is not entitled to recover any portion of
such cost in excess of that described in subsection 2.
(5) Notwithstanding clause / of subsection 1, the Superin-
tendent may require payment of a pension benefit credit
derived from a standard pension plan to the Central Pension
Agency or to the standard pension plan of which an employee
becomes a member upon entering into new employment or
may require the former employer of an employee to enter into
a contractual undertaking to pay or to purchase the life
annuity prescribed by clause e of subsection 1 upon attainment
of retirement age by the employee.
(6) Notwithstanding subsection 1, an employee who be-
comes a member of a mandatory group after he has attained
the age of sixty-five years is not required to become a member
of the standard pension plan covering the mandatory group.
(7) Notwithstanding clause a of subsection 1, where more
than one standard pension plan is established and main-
tained by an employer, an eligible employee of such employer
110
13
shall be required to become a member of only one of such
plans.
18. — (1) A supplementary pension plan filed for registra- vesting
tion as required or permitted by section 14 shall provide that, for supple-
mentary
(a) after a member of the plan has attained the age of p®"^'*"^ ^ *"
forty-five years and has been an employee of the
employer for not less than a continuous period of ten
years, he is entitled, upon termination of his employ-
ment prior to his attaining retirement age, to a de-
ferred life annuity equal to the portion of the pension
benefits provided under the terms of the plan in
respect of service on or after the 1st day of January,
1965;
(b) both the pension benefits provided under the terms
of the plan and the deferred life annuity prescribed
by this section are for the employee's own use and
benefit and are not capable of assignment or aliena-
tion and do not confer upon any employee, personal
representative or dependant, or any other person, any
right or interest in the pension benefits or the deferred
annuity capable of being assigned or otherwise
alienated; and
(c) the deferred life annuity prescribed by this section
is not capable of surrender or commutation and does
not confer upon any employee, personal representa-
tive or dependent, or any other person, any right or
interest in the deferred annuity capable of being
surrendered and commuted.
(2) Upon termination of the employment of an employee j^^^f^'^s
who has attained the age of forty-five years and has been employee
Y (-11 • contributions
an employee of the employer for not less than a continuous
period of ten years and who is entitled to a deferred life
annuity under clause a of subsection 1, the employee is not
entitled to withdraw any part of the contributions he has
been required to make to or under the plan on or after the
1st day of January, 1965, and such contributions shall be
applied under the terms of the plan for the provision of a
deferred life annuity as part of or as supplementary to the
annuity, if any, required to be provided to the employee under
clause a of subsection 1.
(vS) Notwithstanding subsections 1 and 2, where a supple- *'^^
mentary pension plan so provides, an employee may receive
in partial discharge of his rights under the plan as a lump sum
upon termination of employment prior to retirement an
amount that in total does not exceed 25 per cent of the
commuted value of the deferred life annuity prescribed by
this section.
110
14
contriblftions ('*) Where an employee terminates his employment and is
required by the terms of a supplementary pension plan to
withdraw all or part of the contributions made by him, the
employee may direct that his contributions be transferred to
the Central Pension Agency or to a supplementary pension
plan of which he becomes a member upon entering into new
employment if that plan so permits.
Transfer of (5) The Superintendent may require the transfer of the
benefit pension benefit credit necessary to provide the deferred life
^^^ annuity to which an employee is entitled under clause a of
subsection 1 to the Central Pension Agency or to the pension
plan of which such employee becomes a member upon entering
new employment or may require the former employer of an
employee to enter into a contractual undertaking to pay or to
purchase the annuity prescribed by clause a of subsection 1
upon attainment of retirement age by the employee.
ioivenc* o?*^ ^^* ^ pension plan filed for registration as required or
registered permitted by section 14 shall provide for,
pension *^
(a) funding, in accordance with the tests for solvency
prescribed by the regulations, that is adequate to
provide for payment of all pension benefits or de-
ferred life annuities required to be paid under the
terms of the plan ; and
(b) a written explanation to each eligible employee of
the terms and conditions of the pension plan and
amendments thereto applicable to the mandatory
group of which the employee is a member, together
with an explanation in prescribed form of the rights
and duties of the employee with reference to the
benefits available to him under the terms of the
pension plan.
ReguiationB 20. The Lieutenant Governor in Council may make
regulations,
(a) respecting methods of computing pension benefit
credits and the pension benefits arising therefrom,
and the commuted value of a deferred life annuity;
(b) respecting the integration of pension benefits with
R-S-C. 1952, benefits payable under the Old Age Security Act
(Canada) ;
(c) determining the proportions of contributions by
employers and employees to pension plans that are
attributable to a standard pension plan;
(d) prescribing tests and standards for solvency of
pension plans;
110
15
(e) defining the conditions under which the Superin-
tendent may require an employer to pay or credit
an amount to the Central Pension Agency;
(/) prescribing the conditions under which pension
benefit credits may be retained by the administrator,
insurer or trustee of a pension plan, or transferred
to the administrator, insurer or trustee of another
pension plan upon termination of employment of
an eligible employee;
(g) designating employees or pension plans or any class
thereof that are excepted from the application of the
Act and the regulations ;
(h) defining the conditions under which the Commission
may participate in the organization and administra-
tion of the insurance fund described in clause / of
subsection 1 of section 7, and fixing premiums which
shall be payable to such fund by an employer or
other person;
(i) requiring the furnishing of information in respect of
pension plans, and prescribing forms and providing
for their use;
(j) prescribing fees for registration and the annual super-
vision of pension plans;
(k) respecting any matter necessary or advisable to
carry out effectively the intent and purpose of this
Act.
21. The Commission is not liable for any act or omission saving
of any trustee, insurer or administrator of a pension plan,
or for or in respect of any default or breach of contract on
the part of an employee or of any trustee, insurer or adminis-
trator of a pension plan.
PART IV
ADMINISTRATION, ENFORCEMENT AND APPEAL
22. — (1) Every employer who contravenes section 14 is Pe'^iit'es
guilty of an offence and on summary conviction is liable to a
fine for each day of default equal to not more than the daily
amount required to be paid to maintain a registered pension
plan for his employees plus not more than $100 per day.
(2) Every person who contravenes any other provision ofide'"
this Act or the regulations or who obstructs an officer or
agent of the Commission in the performance of his duties is
guilty of an offence and on summary conviction is liable to
a fine of not less than $200 and not more than $10,000 or to
110
16
Disposition
of fines
Inspection
imprisonment for a term of not more than six months, or to
both.
(3) The fines recovered for offences against this Act shall
be paid to the Commission, and fines imposed under sub-
section 1 may be paid by the Commission to the Central
Pension Agency for the credit of the eligible employees of the
payer.
(4) The Superintendent or his duly authorized representa-
tive may, at any reasonable time,
(a) inspect the books, files, documents and other records
respecting a pension plan kept by an employer, an
insurer, a trustee of the pension plan or any other
person; and
(b) require any employer, insurer, trustee of a pension
plan or other person to furnish, in a form acceptable
to the Commission, such information as the Com-
mission deems necessary for the purpose of ascertain-
ing whether this Act and the regulations have been
or are being complied with.
dedlu'tfng'^ (^) ^^ action Hes against any person for withholding,
sums deducting, paying or crediting any sum of money in com-
pliance or intended compliance with this Act.
Agree nnentB
void
Evidence
(6) Where this Act requires an amount to be deducted,
withheld, paid or credited, an agreement by the person on
whom that obligation is imposed not to deduct, withhold,
pay or credit such amount is void.
23. — (1) No member of the Commission and no employee
thereof shall be required to give testimony without the consent
of the Commission in any civil action in which the Commission
is not a party with regard to information obtained in the dis-
charge of his duties.
i-iai.iiity of (2) No member of the Commission and no employee thereof
employees ofis personally liable for anything done by it or him in good
coii.mission j^j^j^ under the authority of this Act or the regulations.
Notice of
objection
Service
24. — (1) Where the Commission refuses to accept for regis-
tration a pension plan filed for registration under this Act,
the employer may, within ninety days from the day of mailing
of a notification of refusal of registration, serve on the Com-
mission a notice of objection in duplicate in the prescribed
form, setting out the reasons for the objection and all relevant
facts.
(2) A notice of objection under this section shall be served
by being sent by registered mail addressed to the Commission
at Toronto.
110
17
(3) Upon receipt of a notice of objection, the Commission ^^J^'^g^j^^^
shall with all due dispatch reconsider its opinion, and vary
or confirm its opinion, and it shall thereupon notify the
employer of its actions by registered mail.
25. Where an employer has served a notice of objection -^pp®^'
under section 24, he may appeal to the Court of Appeal for
an order requiring the Commission to accept the pension plan
for registration under this Act,
{a) within ninety days after the Commission has con-
firmed its opinion that the pension plan is not
acceptable for registration; or
(&) after ninety days and before 180 days have elapsed
after service of the notice of objection and the
Commission has not notified the employer that it
has confirmed or varied its opinion.
26.— (1) An appeal to the Court shall be instituted by ^"i't'/J,! °[
filing with the Registrar of the Court or by sending by app«a'
registered mail addressed to him at Toronto three copies of a
notice of appeal in such form as is determined by the rules of
the Court.
(2) Upon receipt of the copies of the notice of appeal, the^^''g^^^|.^.^'°"
Registrar shall transmit two copies to the Superintendent. intendent
(3) Immediately after receiving a copy of the notice of o^^lt^rflj""
appeal, the Superintendent shall forward to the Registrar
copies of all documents relevant to the appeal.
27. An appeal may, in the discretion of the Court, be Hearings
, , . ^^ . . .. , , ,, ' «M camera
heard tn camera or m public, unless the appellant requests
that it be heard in camera, in which case it shall be so heard.
28. — (1) The Court may dispose of an appeal by dismissing ^f Ip^p^iaia"
it, by referring the matters in issue back to the Commission
for reconsideration, or by allowing the appeal.
(2) Where the Court allows an appeal under this section, fe^®ie"o*n"^
the Commission shall accept the pension plan for registration °^ court
in accordance with the direction of the Court, which may
include conditions precedent to qualification for registration
of the plan imposed upon the appellant.
29. This Act comes into force on a day to be named by Sellllt"®"''*'
the Lieutenant Governor by his proclamation.
30. This Act may be cited as The Pension Benefits Act, ^^^^^ *'*'*
1962-63.
110
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2*^ 3
BILL 111
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act respecting the Procedures for Expropriating Lands
and for Determining Compensation for the Expropriation
or Injurious Affection of Lands
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The purpose of this Bill is to implement a number of the principa
recommendations of the Select Committee on Land Expropriation.
111
BILL HI 1962-63
An Act respecting the Procedures for Expro-
priating Lands and for Determining
Compensation for the Expropriation
or Injurious Affection of Lands
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, Interpre-
' tation
(a) "Board" means the Ontario Municipal Board;
(b) "expropriate" means the taking of land without the
consent of the owner by an expropriating authority
in the exercise of its statutory powers, but does not
include the taking of land for the widening of a high-
way where entry is deferred under section 338 of R|^0- 1960,
The Municipal Act;
(c) "expropriating authority" means the Crown or any
person empowered to acquire land by expropriation ;
(d) "judge", except where otherwise described, means a
judge of the county or district court of the county
or district in which the land or the greater part of
it is situate;
(e) "land" includes any estate, term, easement, right or
interest in, to, over or affecting land;
(/) "owner" includes a mortgagee, lessee, tenant, occu-
pant, execution creditor, a person entitled to a limited
estate or interest in land, a committee of the estate
of a mentally incompetent person or of a person
incapable of managing his affairs, and a guardian,
executor, administrator or trustee in whom land is
vested ;
111
(s) "registered owner" means an owner of land whose
interest in the land is defined and whose name is
specified in an instrument in the proper registry,
land titles or sheriff's office, and includes an occupant
of land residing thereon;
(h) "serve" means to serve personally or by registered
letter addressed to the person to be served at his last
known address, or, if that person is unknown or if
his address is unknown, by publication once a week
for three weeks in a newspaper having general cir-
culation in the locality in which the land concerned
is situate.
of^Act^*"^" 2. — (1) Notwithstanding any general or special Act, where
land is expropriated or is injuriously affected by an expro-
priating authority in the exercise of its statutory powers, this
Act applies.
Idem.
transitional
provision
(2) This Act applies only to proceedings in respect of land
expropriated or injuriously affected where the statutory power
was exercised by the expropriating authority on or after the
day on which this Act came into force, and, where the statutory
power was exercised before this Act come into force, such
proceedings may be taken up and continued as if this Act had
not been passed.
Conflict
(3) Where there is conflict between a provision of this Act
and a provision of any other general or special Act, the pro-
vision of this Act prevails.
References
in other
Acts to
R.S.O. 1960,
cc. 249, 338,
deemed
references
to this Act
(4) The provisions of any general or special Act providing
procedures with respect to the expropriation of land or the
compensation payable for land expropriated or injuriously
affected that refer to The Municipal Act, The Public Works
Act or any other Act shall be deemed to refer to this Act and
not to The Municipal Act, The Public Works Act or other Act,
as the case may be.
Crown
bound
by Act
Vesting
of title
3. This Act binds the Crown.
4. — (1) Notwithstanding any general or special Act, where
an expropriating authority has exercised its statutory powers
to expropriate land, it shall register without undue delay in
the proper registry or land titles office a plan of the land
signed by the expropriating authority and by an Ontario land
surveyor, and thereupon, but not otherwise, the land vests in
the expropriating authority.
Ill
(2) Where the land is required for a limited time only orWhere^^and
only a limited estate, right or interest therein is required, the temporarily,
plan registered under this section shall indicate by appro-
priate words thereon that the land is taken for such limited
time only or that only such limited estate, right or interest
therein is taken, and by the registration in such case the land
for such limited time or such limited estate, right or interest
therein vests in the expropriating authority.
(3) In the case of an omission, misstatement or erroneous Correction
1 • • • 1 • 111- • 1 °^ errors
description in a plan registered under this section, the expro-
priating authority may register in the proper registry or land
titles office a plan replacing or amending the original plan and
signed by the expropriating authority and by an Ontario
land surveyor, and a plan registered under this subsection
shall be marked to show the nature of the replacement or
amendment and is of the same force and effect as, and is in
substitution for, the original plan to the extent that such plan
is replaced or amended thereby.
(4) Where a plan purports to have been signed by an ^3''®^"™^*^'*^"
expropriating authority under this section, it shall be pre-^'^ning
sumed to have been signed by the expropriating authority
without proof of the signature or official character of the
person appearing to have signed it, unless otherwise directed
by a court or the tribunal determining compensation under
this Act.
(5) Where a limited estate, right or interest in land is being ^"^Y^*^
taken under The Power Commission Act for an electrical r.s.o. i960,
transmission or distribution line carried on single poles, The°"
Hydro-Electric Power Commission of Ontario may, before
registering a plan under subsection 1, register in the proper
registry or land titles office a preliminary plan, to be known
as and marked "Preliminary Plan" and being a plan with or
without local description, signed by the secretary of the
Commission and illustrating the location of the proposed line
and indicating by appropriate words thereon the nature of
the estate, right or interest being taken, and such preliminary
plan when registered has the same force and effect as a plan
registered under subsection 1, but a plan in accordance with
subsection 1 shall be registered within two years after the
registration of the preliminary plan in substitution for the
preliminary plan.
5. — (1) Where a plan has been registered under section 4 l^pVopri'ition
and no agreement as to compensation has been made with the
owner, the expropriating authority may serve the owner, and
shall serve the registered owner, within sixty days after the
111
Where
notice not
served
date of registration of the plan, with a notice of expropriation
of his land (Form 1), but failure to serve the notice does not
invalidate the expropriation.
(2) Where a plan has been registered under section 4 and
a notice of expropriation has not been served in accordance
with subsection 1, the registered owner may elect, by notice
in writing served upon the expropriating authority,
(a) to have the compensation to which he is entitled
assessed as of the date of the registration of the plan
under section 4; or
Right to
compen-
sation
Claim for
compensa-
tion for
injurious
affection
(b) to have the compensation to which he is entitled
assessed as of the date on which he was served with
the notice of expropriation.
6. Where land is expropriated or is injuriously affected by
an expropriating authority in the exercise of its statutory
powers, the expropriating authority shall make due compensa-
tion to the owner of the land for the land expropriated or for
any damage necessarily resulting from the exercise of such
powers, as the case may be, beyond any advantage that he
may derive from any work for which the land was expropriated
or injuriously affected.
7. — (1) Subject to subsection 2, a claim for compensation
for injurious affection of land caused by an expropriating
authority shall be made by the owner of the land in writing
with particulars of the claim within one year after the damage
was sustained or after it became known to the owner, and, if
not so made, the right to compensation is forever barred.
Idem, where
owner under
disability
(2) Where the owner of land that is injuriously affected is
an infant, a mental incompetent or a person incapable of
managing his affairs, his claim for compensation shall be
made within one year after he ceased to be under the dis-
ability or, in the case of his death while under the disability,
within one year after his death, and, if not so made, the right
to compensation is forever barred.
Offer of 8, — n\ Where land has been expropriated from an owner
compensa- , , , , . , , ■ 4 1
tion for land and a plan has been registered under section 4 and no agree-
expropnated • 1 1 1 • t 1 1
ment as to compensation has been made with the owner, the
expropriating authority shall, within six months after the
^^. ■ , date of registration of the plan and before taking possession
of the land, serve upon the registered owner an offer of a sum
in full payment of the compensation for all interests in the
land, but failure to serve the offer does not invalidate the
expropriation.
Ill
(2) The expropriating authority may, within the six-month of'plJ^o^'^
period mentioned in subsection 1 and before taking possession
of the land, upon giving at least two days' notice to the
registered owner, apply to the judge for an order extending
the time for serving the offer under subsection 1.
(3) If. the offer required to be served under subsection l^rve^^*°
is not served within the time limited by subsection 1 or by
an order of a judge under subsection 2, interest upon any
compensation payable to the registered owner shall be calcu-
lated from the date of registration of the plan.
9. Where the expropriating authority and the owner have ^o^j^l^^^
not agreed upon the compensation payable under section 6
and, in the case of injurious affection, section 7 has been
complied with, or, in the case of expropriation, section 8 has
been complied with or the time for complying therewith has
expired, the expropriating authority or the owner may serve
notice of arbitration upon the other of them, stating that he
or it, as the case may be, requires the compensation to be
determined by arbitration under this Act.
10. — (1) Where the expropriating authority is a munici- Jetermfili^g
pality as defined in The Department of Municipal Affairs -^^^.tum where a
a claim for compensation, if not agreed upon by the authority P'^JJicipaiity
and the owner, shall be determined by, expropriating
authority
■
(a) the judge, in which case the provisions of The Munici- ^-^gg • ^to^'
pal Arbitrations Act as to procedure apply; 274, 249
{b) the official arbitrator, in which case the provisions of
The Municipal Arbitrations Act as to procedure apply ;
or
(c) the Board, in which case the provisions of The
Ontario Municipal Board Act as to procedure apply,
as provided for in Part XVI of The Municipal Act.
(2) Where the expropriating authority is a corporation to ^^^^[^^^
which Part II of The Energy Act applies, a claim for compensa- companies
tion, if not agreed upon by the authority and the owner, shall ^■?22' ^^^°'
be determined under section 14 of The Energy Act.
(3) Where the expropriating authority does not come within crown and
subsection 1 or 2, a claim for compensation, if not agreed ot^^^^ex-
upon by the authority and the owner, shall be determined by authorities
the Board, and not otherwise, and The Ontario Municipal ^-^^o. i960,
Board Act, except sections 94 and 95, applies so far as is prac-
ticable to every such claim.
Ill
.6
Appeals
11. — (1) The expropriating authority or the owner may
appeal to the Court of Appeal from any determination or order
of a judge, an official arbitrator or the Board under section 10.
Idem
(2) The practice and procedure as to the appeal and pro-
ceedings incidental thereto are the same mutatis mutandis as
upon an appeal from the High Court.
ment"cff"°^ ^^* Subject to subsection 2 of section 5, where land has
tion^for^^ been expropriated, the compensation therefor shall be deter-
expropriated mined as of the date of registration of the plan under sub-
section 1 of section 4.
Costs
13. The tribunal determining compensation under this Act
may award costs, but, where the total amount of the com-
pensation to all owners of any parcel of land expropriated is
less than $1,000, the tribunal may include in any award of
costs a sum not exceeding 65 per cent of the cost of the prepara-
tion of reports of appraisers used in determining the amount of
compensation.
Interest
14. — (1) Subject to subsection 3 of section 8, the tribunal
determining compensation may allow interest at the rate of
5 per cent per annum on the amount of compensation,
(a) in the case of expropriation of land, from the date
upon which the expropriating authority took posses-
sion of the land; and
(b) in the case of injurious affection of land, for such
period as appears to the tribunal to be reasonable.
Idem
Where no
interest
and costs
Character
of com-
pensation
(2) Where the tribunal determining compensation is of
the opinion that any delay in determining the compensation
is attributable in whole or in part to the owner, it may refuse
to allow him interest for the whole or any part of the time for
which he might otherwise be entitled to interest, or may
allow interest at such rate less than 5 per cent per annum as
appears reasonable.
(3) Notwithstanding subsection 1, where the expropriating
authority has offered to the registered owner under section 7
a sum equal to or greater than the compensation determined,
the registered owner shall not be allowed any interest after
the date of the offer or any costs, unless the tribunal deter-
mining the compensation otherwise orders.
15.- — (1) Where land has been expropriated, the compensa-
tion stands in the stead of the land, and any claim to or
encumbrance on the land is, as respects the expropriating
111
authority, converted into a claim to or upon the compensation
and no longer affects the land.
(2) Where the owner who is entitled to convey the land Payment of
,,, -111 ••!• compensa-
that has been expropriated and the expropriatmg authority tion not
agree as to the compensation or the compensation has been $i?ooo''^*^
determined and in either case it does not exceed $1,000, the
expropriating authority may pay the compensation to the
owner who is entitled to convey the land, saving always the
rights of any other person to the compensation as against
the person receiving it, and such payment discharges the
expropriating authority from all liability in respect of the
compensation.
16. Where an owner of the land is unknown, is under a||®F'|^®'^-
disability or for any other reason is not represented, a judge
of the Supreme Court may, after due notice to the persons
interested, appoint a person to represent such owner for any
of the purposes of this Act, and any action of a person so
appointed is binding on the person whom he represents.
17.— (1) In any case where the expropriating authority Payment
deems it advisable, it may, without an order, pay the com-
pensation agreed upon or determined into the office of the
Accountant of the Supreme Court with interest thereon at
5 per cent for six months.
(2) Upon an application for payment out of court of com- Payment
^ . '^ . , . *^*^ • 1 f 1 o /- out of court
pensation paid into court, a judge of the Supreme Court may
direct that such notice of the application be given by publica-
tion or otherwise as he deems proper and may direct the trial
of an issue or make such order with respect to the payment
out of court of compensation and as to costs as he deems
reasonable.
(3) Where an order is obtained under subsection 2 in less Adjustment
^i • 1 f 1 f 1 • • of interest
than SIX months after the payment ot the compensation into
court, the judge making the order may direct that a propor-
tionate part of the interest be returned to the expropriating
authority.
(4) Where unborn issue or an unascertained person or class u^nborn
is interested in compensation paid into court, a judge of the j^^^'^^^g^.g^
Supreme Court may appoint such person as he deems proper
to represent them, and any order made under this section is
binding on them.
18. Where land has been expropriated and the compensa- Payment
tion has not been agreed upon or determined, the expropriating possession
authority, before taking possession of the land, shall offer to
111
8
the registered owner a sum not less than 50 per cent of the
amount to which he may be entitled as estimated by the
expropriating authority, and, if the registered owner accepts
that sum, it shall be paid and applied in partial payment of
any compensation that may subsequently be agreed upon or
determined.
Possession
of expro-
priated land
19. — (1) Where land that has been expropriated is vested
in an expropriating authority and the expropriating authority
has served the registered owner with a notice that it requires
possession of the land on the date specified therein, the
expropriating authority, if no application is made under sub-
section 3, is entitled to enter upon and take possession of the
land on the date specified in the notice.
Date for
possession
(2) The date for possession shall be at least ten days after
the date of the serving of the notice of possession.
Application (3) A registered owner or an expropriating authority may,
ponement of upon such notice as the judge directs, apply to a judge for
possession ^^ adjustment of the date for possession specified in the notice
of possession, and the judge, if he considers that under all the
circumstances the application should be granted, may fix the
date for possession.
Warrant to 20. — (1) Where resistance or opposition is made to the
resistance expropriating authority or any person authorized by it in
to entry, etc. gj^^gj.jj^g upon, using or taking possession of land when it is
entitled so to do, it may apply to a judge for a warrant
directing the sheriff to put down the resistance or opposition.
Hearing (2) The judge shall, in writing, appoint a time and place
for the hearing of the application and in his appointment may
direct that it shall be served upon such persons as he prescribes.
Issue of
warrant
(3) On proof of the resistance or opposition, the judge may
issue a warrant (Form 2).
Return (4) The sherilT shall forthwith execute the warrant and make
a return to the judge of the execution thereof.
Abandon- 21. — (1) Where, at any time before the date specified in
ment of . ^ . . ■' , •••rtiij
expropriated the notice of possession served under section 19, the land or
any part thereof is found to be unnecessary for the purposes
of the expropriating authority or if it is found that a more
limited estate or interest therein only is required, the expro-
priating authority may, by an instrument signed by it and
registered in the proper registry or land titles office and
served on the owner who was served with notice of expropria-
tion, declare that the land or such part thereof is not required
111
and is abandoned by the expropriating authority or that it is
intended to retain only such limited estate or interest as is
mentioned in the instrument, and thereupon,
(a) the land declared to be abandoned revests in the
owner from whom it was expropriated and those
entitled to claim under him; or
(b) in the event of a limited estate or interest only being
retained by the expropriating authority, the land so
revests subject to such limited estate or interest.
(2) Where part only of the land or all of it except a limited abandon-
estate or interest therein is abandoned, the fact of such "i®"^*
abandonment and the damage, if any, sustained in conse-
quence of that which is abandoned having been expropriated
and all the other circumstances of the case shall be taken into
account in determining the compensation for the part or the
limited estate or interest that is not abandoned.
(3) Where the whole of the land is abandoned, the owner Complete
c t • ■ I • -It • abandon-
from whom it was expropriated is entitled to compensation ment
for all damages sustained and all costs incurred by him in
consequence of the expropriation and abandonment, and the
amount of the compensation, if not agreed upon by the parties,
shall be determined under this Act and not otherwise.
22. This Act comes intb force on a day to be named by ment
the Lieutenant Governor by his proclamation.
23. This Act may be cited as The Expropriation Procedures Short title
Act, 1962-63.
Ill
10
FORM 1
The Expropriation Procedures Ad, 1962-63
{Section 5 (/) )
NOTICE OF EXPROPRIATION
To.
{Registered Owner)
Take Notice:
1. That the did, on the day of
{Name of Authority)
, 19 , register as No in the
Land Titles Office , , District ^
Registry Office County
a plan of expropriation in accordance with The Expropriation Procedures
Act, 1962-63, and that the land defined therein is vested in the
for its use.
{Name of Authority)
2. Attached hereto is a copy of the portion of the plan of expropriation
of your land {or a description thereof).
3. That, under The Expropriation Procedures Act, 1962-63, the
will be notifying you of the amount of
{Name of Authority)
compensation it is willing to pay for the land expropriated and the damages
resulting therefrom and that, if you are not satisfied with the offer, you
are entitled to have the compensation determined by
( Name of Tribunal)
upon your making application to it.
4. That for any further information respecting this matter you may
communicate with
{Name of Authority, Officer or Agent)
at
{Address)
Dated at this day of , 19
{Name of Authority,. Officer or Agent)
111
11
Province of Ontario
County {or District) of
FORM 2
The Expropriation Procedures Act, 1962-63
{Section 20 {3) )
^ WARRANT
In the Matter of
The Expropriation Procedures Act, 1962-63
and In the Matter of
To:
Sheriff, etc.:
Whereas resistance or opposition has been made to
or a person authorized by it entering upon,
{Expropriating Authority)
using or taking possession of {or as the case may he) the land described as
follows:
And W'hereas the proof required by section 20 of The Expropriation
Procedures Act, 1962-63 has been made before me;
This is Therefore to command you in Her Majesty's name forthwith
to put down such resistance or opposition and put the
in possession of the said land {or as the case
{Expropriating Authority)
may be), and make a return to me of your execution hereof.
Given under my hand this day of , 19
Judge
111
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fa (^ C
BILL HI
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act respecting the Procedures for Expropriating Lands
and for Determining Compensation for the Expropriation
or Injurious Affection of Lands
Mr. Cass
{Reprinted as amended by the Committee on Legal Bills)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
rsnr=:335SK:
p forts"' oifTXSl Tot ^^inh^o . _. :__^
0 lot bnfi
Explanatory Note
The purpose of this Bill is to implement a number of the principal
recommendations of the Select Committee on Land Expropriation.
v>..\
O 1 'AO'i\ i
;i'3uQ ,o;>o'4 a'AAvi^ /« auik
111
BILL 111 1962-63
An Act respecting the Procedures for Expro-
priating Lands and for Determining
Compensation for the Expropriation
or Injurious Affection of Lands
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, interpre-
tation
(a) "Board" means the Ontario Municipal Board;
(b) "expropriate" means the taking of land without the
consent of the owner by an expropriating authority
in the exercise of its statutory powers, but does not
include the taking of land for the widening of a high-
way where entry is deferred under section 338 of
The Municipal Act; f-^^^' ^^^^'
(c) "expropriating authority" means the Crown or any
person empowered to acquire land by expropriation;
(d) "judge", except where otherwise described, means a
judge of the county or district court of the county
or district in which the land or the greater part of
it is situate;
(«) "land" includes any estate, term, easement, right or
interest in, to, over or affecting land;
(/) "owner" includes a mortgagee, lessee, tenant, occu-
pant, execution creditor, a person entitled to a limited
estate or interest in land, a committee of the estate
of a mentally incompetent person or of a person
incapable of managing his affairs, and a guardian,
executor, administrator or trustee in whom land is
vested;
111
(g) "registered owner" means an owner of land whose
interest in the land is defined and whose name is
specified in an instrument in the proper registry,
land titles or sheriff's office, and includes a person
shown as a tenant of land on the last revised assess-
ment roll;
(h) "serve" means to serve personally or by registered
letter addressed to the person to be served at his last
known address, or, if that person is unknown or if
his address is unknown, by publication once a week
for three weeks in a newspaper having general cir-
culation in the locality in which the land concerned
is situate.
^f'Act^*^°'^ 2. — (1) Notwithstanding any general or special Act, where
land is expropriated or is injuriously affected by an expro-
priating authority in the exercise of its statutory powers, this
Act applies.
Idem,
transitional
provision
Saving
(2) This Act applies only to proceedings in respect of land
expropriated or injuriously affected where the statutory power
was exercised by the expropriating authority on or after the
day on which this Act came into force, and, except as provided
in subsection 3, where the statutory power was exercised
before this Act came into force, such proceedings may be
taken up and continued as if this Act had not been passed.
(3) Where the statutory power was exercised before this
Act came into force, the expropriating authority or the
owner may serve notice of arbitration under section 9 requiring
the compensation to be determined by arbitration under
section 10. "*1W
Conflict (4) Where there is conflict between a provision of this Act
and a provision of any other general or special Act, the pro-
vision of this Act prevails.
References
in other
Acts to
R.S.O. 1960,
CO. 249, 338,
deemed
references
to this Act
Crown
bound
by Act
Vesting
of title
(5) The provisions of any general or special Act providing
procedures with respect to the expropriation of land or the
compensation payable for land expropriated or injuriously
affected that refer to The Municipal Act, The Public Works
Act or any other Act shall be deemed to refer to this Act and
not to The Municipal Act, The Public Works Act or other Act,
as the case may be.
3. This Act binds the Crown.
4.-^(1) Notwithstanding any general or special Act, where
an expropriating authority has exercised its statutory powers
to expropriate land, it shall register without undue delay in
HI
the proper registry or land titles office a plan of the land
signed by the expropriating authority and by an Ontario land
surveyor, and thereupon, but not otherwise, the land vests in
the expropriating authority.
(2) Where the land is required for a limited time only or where land
1*601111*60.
only a limited estate, right or interest therein is required, the temporarily,
plan registered under this section shall indicate by appro-
priate words thereon that the land is taken for such limited
time only or that only such limited estate, right or interest
therein is taken, and by the registration in such case the land
for such limited time or such limited estate, right or interest
therein vests in the expropriating authority.
(3) In the case of an omission, misstatement or erroneous Correction
.... , . Ill- • 1 of errors
description in a plan registered under this section, the expro-
priating authority may register in the proper registry or land
titles office a plan replacing or amending the original plan and
signed by the expropriating authority and by an Ontario
land surveyor, and a plan registered under this subsection
shall be marked to show the nature of the replacement or
amendment and is of the same force and effect as, and is in
substitution for, the original plan to the extent that such plan
is replaced or amended thereby.
(4) Where a plan purports to have been signed by an |'g''®o"'"P*'°'^
expropriating authority under this section, it shall be pre- ^^^'^''^^
sumed to have been signed by the expropriating authority
without proof of the signature or official character of the
person appearing to have signed it, unless otherwise directed
by a court or the tribunal determining compensation under
this Act.
(5) Where a limited estate, right or interest in land is being ^^^^^fj*'
taken under The Power Commission Act for an electrical r.s.o. i960,
transmission or distribution line carried on single poles, The'"'
Hydro-Electric Power Commission of Ontario may, before
registering a plan under subsection 1, register in the proper
registry or land titles office a preliminary plan, to be known
as and marked "Preliminary Plan" and being a plan with or
without local description, signed by the secretary of the
Commission and illustrating the location of the proposed line
and indicating by appropriate words thereon the nature of
the estate, right or interest being taken, and such preliminary
plan when registered has the same force and effect as a plan
registered under subsection 1, but a plan in accordance with
subsection 1 shall be registered within two years after the
registration of the preliminary plan in substitution for the
preliminary plan.
Ill
Notice of
Expropria-
tion
Where
notice not
served
Right to
compen-
sation
Reparation
Claim for
compensa-
tion for
injurious
affection
5. — (1) Where a plan has been registered under section 4
and no agreement as to compensation has been made with the
owner, the expropriating authority may serve the owner, and
shall serve the registered owner, within sixty days after the
date of registration of the plan, with a notice of expropriation
of his land (Form 1), but failure to serve the notice does not
invalidate the expropriation.
(2) Where a plan has been registered under section 4 and
a notice of expropriation has not been served in accordance
with subsection 1, the registered owner may elect, by notice
in writing served upon the expropriating authority,
{a) to have the compensation to which he is entitled
assessed as of the date of the registration of the plan
under section 4; or
(6) to have the compensation to which he is entitled
assessed as of the date on which he was served with
the notice of expropriation.
6. — (1) Where land is expropriated or is injuriously affected
by an expropriating authority in the exercise of its statutory
powers, the expropriating authority shall make due compensa-
tion to the owner of the land for the land expropriated or for
any damage necessarily resulting from the exercise of such
powers, as the case may be, beyond any advantage that he
may derive from any work for which the land was expropriated
or injuriously affected.
(2) Where land is expropriated or is injuriously affected by
an expropriating authority in the exercise of its statutory
powers, the expropriating authority may, before the compen-
sation is agreed upon or determined, undertake to make altera-
tions or additions or to construct additional work or to abandon
part of the land expropriated or to grant other lands or ease-
ments, in which case the compensation shall be determined
having regard to such undertaking, and, if the undertaking has
not already been carried out, the tribunal determining compen-
sation shall declare that, in addition to the compensation
determined, if any, the owner is entitled to have such alteration
or addition made or such additional work constructed or such
part of the land abandoned or such grant made to him. "^^^
7. — (1) Subject to subsection 2, a claim for compensation
for injurious affection of land caused by an expropriating
authority where no land was expropriated shall be made by
the owner of the land in writing with particulars of the claim
within one year after the damage was sustained or after it
became known to the owner, and, if not so made, the right to
compensation is forever barred.
Ill
(2) Where the owner of land that is so injuriously affected ^^^^^^ ^]^^^®
is an infant, a mental incompetent or a person incapable of^'^^^^'^*^
managing his affairs, his claim for compensation shall be
made within one year after he ceased to be under the dis-
ability or, in the case of his death while under the disability,
within one year after his death, and, if not so made, the right
to compensation is forever barred.
8. — (1) Where land has been expropriated from an owner ^^^rof^^
and a plan has been registered under section 4 and no agree- tion for land
*^ -11 1-11 1 expropriated
ment as to compensation has been made with the owner, the
expropriating authority shall, within six months after the
date of registration of the plan and before taking possession
of the land, serve upon the registered owner an offer in full
payment of the compensation for all interests in the land, but
failure to serve the offer does not invalidate the expropriation.
(2) The expropriating authority may, within the six-month of^plrj^'d'^
period mentioned in subsection 1 and before taking possession
of the land, upon giving at least two days' notice to the
registered owner, apply to the judge for an order extending
the time for serving the offer under subsection 1.
(3) If the offer required to be served under subsection l|^rve'^*°
is not served within the time limited by subsection 1 or by
an order of a judge under subsection 2, interest upon any
compensation payable to the registered owner shall be calcu-
lated from the date of registration of the plan.
9. Where the expropriating authority and the owner have Notice of
not agreed upon the compensation payable under section 6
and, in the case of injurious affection, section 7 has been
complied with, or, in the case of expropriation, section 8 has
been complied with or the time for complying therewith has
expired, the expropriating authority or the owner may serve
notice of arbitration upon the other of them, stating that he
or it, as the case may be, requires the compensation to be
determined by arbitration under this Act.
10. — (1) Where the expropriating authority is a '"unici- Jg'"^'^j."^?;|/°^
pality as defined in The Department of Municipal Affairs ^c/, cpmpensa-
a claim for compensation, if not agreed upon by the authority municipality
and the owner, shall be determined by, expropriating
authority
(a) the judge, in which case the provisions of The Munici- RS.o. i960,
pal Arbitrations Act as to procedure apply; 27'4, 249
(6) the official arbitrator, in which case the provisions of
The Municipal Arbitrations Act as to procedure apply ;
or
111
(c) the Board, in which case the provisions of The
Ontario Municipal Board Act as to procedure apply,
as provided for in Part XVI of The Municipal Act.
(2) Where the expropriating authority is a corporation to
which Part II of The Energy Act applies, a claim for compensa-
R.s^o. I960, ^Jqi^^ jf riot agreed upon by the authority and the owner, shall
be determined under section 14 of The Energy Act.
Idem,
pipe line
companies
Idem,
Crown and
other ex-
propriating
authorities
R.S.O. 1960,
c. 274
Appeals
gas storage ^^^ Where the expropriating authority has received its
R.S.O. I960, authority under section 19 of The Ontario Energy Board Act,
"* a claim for compensation, if not agreed upon by the authority
and the owner, shall be determined under that section.
(4) Where the expropriating authority does not come within
subsection 1, 2 or 3, a claim for compensation, if not agreed
upon by the authority and the owner, shall be determined by
the Board and not otherwise, and The Ontario Municipal
Board Act, except sections 94 and 95, applies so far as is prac-
ticable to every such claim.
11.— (1) The expropriating authority or the owner may
appeal to the Court of Appeal from any determination or order
of a judge, an official arbitrator or the Board under section 10.
(2) The practice and procedure as to the appeal and pro-
ceedings incidental thereto are the same mutatis mutandis as
upon an appeal from the High Court, except that the appeal
may be taken at any time within six weeks from the day the
determination or order was sent by registered mail to the
parties, and the determination or order shall be deemed to
have been received on the second day following its mailing,
and the period of any vacation of the Supreme Court shall
not be reckoned in computing such six weeks.
mentfol-^"^' ^^* Subject to subsection 2 of section 5, where land has
compensa- been expropriated, the compensation therefor shall be deter-
expropriated mined as of the date of registration of the plan under sub-
section 1 or 5 of section 4.
Idem
land
Costs
Interest
13. The tribunal determining compensation under this Act
may award costs, but, where the total amount of the com-
pensation to all owners of any parcel of land expropriated is
less than $1,000, the tribunal may include in any award of
costs a sum not exceeding 65 per cent of the cost of the prepara-
tion of reports of appraisers used in determining the amount of
compensation.
14. — (1) Subject to subsection 3 of section 8, the tribunal
determining compensation may allow interest on the amount
of compensation at the rate of 5 per cent per annum from
such date as is fixed by the tribunal.
Ill
(2) Where the tribunal determining compensation is of ^^^^
the opinion that any delay in determining the compensation
is attributable in whole or in part to the owner, it may refuse
to allow him interest for the whole or any part of the time for
which he might otherwise be entitled to interest, or may
allow interest at such rate less than 5 per cent per annum as
appears reasonable.
(3) Notwithstanding subsection 1, where the expropriating where no
authority has offered to the registered owner under section 8 and costs
a sum equal to or greater than the compensation determined,
the registered owner shall not be allowed any interest after
the date of the offer or any costs, unless the tribunal deter-
mining the compensation otherwise orders.
15. — (1) Where land has been expropriated, the compensa- q/^^q^^*®'"
tion stands in the stead of the land, and any claim to orP^^^^^tio"
encumbrance on the land is, as respects the expropriating
authority, converted into a claim to or upon the compensation
and no longer affects the land.
(2) Where the owner who is entitled to convey the land Payment of
, , , -111 • • 1 • compensa-
that has been expropriated and the expropnatmg authority tion not
agree as to the compensation or the compensation has been $i°ooo''^^
determined and in either case it does not exceed $1,000, the
expropriating authority may pay the compensation to the
owner who is entitled to convey the land, saving always the
rights of any other person to the compensation as against
the person receiving it, and such payment discharges the
expropriating authority from all liability in respect of the
compensation.
16. Where an owner of the land is unknown, is under a ?'®P''®^®'^"
. tative
disability or for any other reason is not represented, a judge
of the Supreme Court may, after due notice to the persons
interested, appoint a person to represent such owner for any
of the purposes of this Act, and any action of a person so
appointed is binding on the person whom he represents.
17. — (1) In any case where the expropriating authority Payment
deems it advisable, it may, without an order, pay the com-
pensation agreed upon or determined into the office of the
Accountant of the Supreme Court together with a sum equal
to the interest thereon at the rate of 5 per cent per annum
for six months.
(2) Upon an application for payment out of court of com- Payment
pensation paid into court, a judge of the Supreme Court may°
direct that such notice of the application be given by publica-
tion or otherwise as he deems proper and may direct the trial
111
Adjustment
of interest
Where
unborn
issue
interested
Payment
before
possession
of an issue or make such order with respect to the payment
out of court of compensation and as to costs as he deems
reasonable.
(3) Where an order is obtained under subsection 2 in less
than six months after the payment of the compensation into
court, the judge making the order may direct that a propor-
tionate part of the interest be returned to the expropriating
authority.
(4) Where unborn issue or an unascertained person or class
is interested in compensation paid into court, a judge of the
Supreme Court may appoint such person as he deems proper
to represent them, and any order made under this section is
binding on them.
18. Where land has been expropriated and the compensa-
tion has not been agreed upon or determined, the expropriating
authority, before taking possession of the land, shall ofifer to
the registered owner a sum not less than 50 per cent of the
amount to which he may be entitled as estimated by the
expropriating authority, and, if the registered owner accepts
that sum, it shall be paid and applied in partial payment of
any compensation that may subsequently be agreed upon or
determined.
of'ex^pro-'^ 19. — (1) Where land that has been expropriated is vested
priated land in an expropriating authority and the expropriating authority
has served the registered owner with a notice that it requires
possession of the land on the date specified therein, the
expropriating authority, if no application is made under sub-
section 3, is entitled to enter upon and take possession of the
land on the date specified in the notice.
po^ession (2) The date for possession shall be at least ten days after
the date of the serving of the notice of possession.
^r^poB^-^°" (3) A registered owner or an expropriating authority may,
ponement of upon such notice as the judge directs, apply to a judge for
an adjustment of the date for possession specified in the notice
of possession, and the judge, if he considers that under all the
circumstances the application should be granted, may fix the
date for possession.
put'^down*° ^^* — (^) Where resistance or opposition is made to the
resistance expropriating authority or any person authorized by it in
entering upon, using or taking possession of land when it is
entitled so to do, it may apply to a judge for a warrant
directing the sheriff to put down the resistance or opposition.
Hearing (2) The judge shall, in writing, appoint a time and place
for the hearing of the application and in his appointment may
direct that it shall be served upon such persons as he prescribes.
Ill
9
(3) On proof of the resistance or opposition, the judge may^|J?®g^°[
issue a warrant (Form 2).
(4) The sheriff shall forthwith execute the warrant and make Return
a return to the judge of the execution thereof.
21. — (1) Where, at any time before the date specified inmentof""
the notice of possession served under section 19, the land or f^nd^^^^**®^
any part thereof is found to be unnecessary for the purposes
of the expropriating authority or if it is found that a more
limited estate or interest therein only is required, the expro-
priating authority may, by an instrument signed by it and
registered in the proper registry or land titles office and
served on the owner who was served with notice of expropria-
tion, declare that the land or such part thereof is not required
and is abandoned by the expropriating authority or that it is
intended to retain only such limited estate or interest as is
mentioned in the instrument, and thereupon,
(a) the land declared to be abandoned revests in the
owner from whom it was expropriated and those
entitled to claim under him; or
(b) in the event of a limited estate or interest only being
retained by the expropriating authority, the land so
revests subject to such limited estate or interest.
(2) Where part only of the land or all of it except a limited abandon-
estate or interest therein is abandoned, the fact of such "^®'^*
abandonment and the damage, if any, sustained in conse-
quence of that which is abandoned having been expropriated
and all the other circumstances of the case shall be taken into
account in determining the compensation for the part or the
limited estate or interest that is not abandoned.
(3) Where the whole of the land is abandoned, the owner ^onipiete
from whom it was expropriated is entitled to compensation ment
for all damages sustained and all costs incurred by him in
consequence of the expropriation and abandonment, and the
amount of the compensation, if not agreed upon by the parties,
shall be determined under this Act and not otherwise.
22. This Act comes into force on a day to be named by^e^t"®"°®"
the Lieutenant Governor by his proclamation.
23. This Act may be cited as The Expropriation Procedures Short title
Act, 1962-63.
Ill
1€
FORM 1
The Expropriation Procedures Act, 1962-63
{Section 5 (1) )
NOTICE OF EXPROPRIATION
To.
(Registered Owner)
Take Notice:
1. That the did, on the day of
(Name of Authority)
, 19 , register as No in the
(Proper Land Titles or Registry Office)
a plan of expropriation in accordance with The Expropriation Procedures
Act, 1962-63, and that the land defined therein is vested in the
for its use.
(Name of Authority)
2. Attached hereto is a copy of the portion of the plan of expropriation
of your land (or a description thereof).
3. That, under The Expropriation Procedures Act, 1962-63, the
will be notifying you of the amount of
(Name of Authority)
compensation, if any, it is willing to pay for the land expropriated and for
the damages resulting therefrom and that, if you are not satisfied with
the offer, you are entitled to have the compensation determined by
upon your making application to it.
(Name of Tribunal)
upon your making application to it.
4. That for any further information respecting this matter you may
communicate with
(Name of Authority, Officer or Agent)
at
(Address)
Dated at this day of , 19
(Name of Authority, Officer or Agent)
111
11
Province of Ontario
County (or District) of
FORM 2
The Expropriation Procedures Act, 1962-63
{Section 20 (3) )
WARRANT
In the Matter of
The Expropriation Procedures Act, 1962-63
and In the Matter of
To:
Sheriff, etc.:
Whereas resistance or opposition has been made to
or a person authorized by it entering upon,
{Expropriating Authority)
using or taking possession of {or as the case may he) the land described as
follows:
And Whereas the proof required by section 20 of The Expropriation
Procedures Act, 1962-63 has been made before me;
This is Therefore to command you in Her Majesty's name forthwith
to put down such resistance or opposition and put the
in possession of the said land {or as the case
{Expropriating Authority)
may be), and make a return to me of your execution hereof.
Given under my hand this day of 19
Judge
111
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2 2. w
BILL HI
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act respecting the Procedures for Expropriating Lands
and for Determining Compensation for the Expropriation
or Injurious Affection of Lands
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 111 1962-63
An Act respecting the Procedures for Expro-
priating Lands and for Determining
Compensation for the Expropriation
or Injurious Affection of Lands
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, inter pre-
' ration
(a) "Board" means the Ontario Municipal Board;
(b) "expropriate" means the taking of land without the
consent of the owner by an expropriating authority
in the exercise of its statutory powers, but does not
include the taking of land for the widening of a high-
way where entry is deferred under section 338 of
The Municipal Act; f-^;g- 1960,
(c) "expropriating authority" means the Crown or any
person empowered to acquire land by expropriation ;
(d) "judge", except where otherwise described, means a
judge of the county or district court of the county
or district in which the land or the greater part of
it is situate;
(e) "land" includes any estate, term, easement, right or
interest in, to, over or affecting land;
"owner" includes a mortgagee, lessee, tenant, occu-
pant, execution creditor, a person entitled to a limited
estate or interest in land, a committee of the estate
of a mentally incompetent person or of a person
incapable of managing his affairs, and a guardian,
executor, administrator or trustee in whom land is
vested ;
(g) "registered owner" means an owner of land whose
interest in the land is defined and whose name is
specified in an instrument in the proper registry,
land titles or sheriff's office, and includes a person
shown as a tenant of land on the last revised assess-
ment roll;
(h) "serve" means to serve personally or by registered
letter addressed to the person to be served at his last
known address, or, if that person is unknown or if
his address is unknown, by publication once a week
for three weeks in a newspaper having general cir-
culation in the locality in which the land concerned
is situate.
Application
of Act
Idem.
transitional
provision
Saving
2. — (1) Notwithstanding any general or special Act, where
land is expropriated or is injuriously affected by an expro-
priating authority in the exercise of its statutory powers, this
Act applies.
(2) This Act applies only to proceedings in respect of land
expropriated or injuriously affected where the statutory power
was exercised by the expropriating authority on or after the
day on which this Act came into force, and, except as provided
in subsection 3, where the statutory power was exercised
before this Act came into force, such proceedings may be
taken up and continued as if this Act had not been passed.
(3) Where the statutory power was exercised before this
Act came into force, the expropriating authority or the
owner may serve notice of arbitration under section 9 requiring
the compensation to be determined by arbitration under
section 10.
Conflict
References
in other
Acts to
R.S.O. 1960,
CO. 249, 338.
deemed
references
to this Act
Crown
bound
by Act
Vesting
of title
(4) Where there is conflict between a provision of this Act
and a provision of any other general or special Act, the pro-
vision of this Act prevails.
(5) The provisions of any general or special Act providing
procedures with respect to the expropriation of land or the
compensation payable for land expropriated or injuriously
affected that refer to The Municipal Act, The Public Works
Act or any other Act shall be deemed to refer to this Act and
not to The Municipal Act, The Public Works Act or other Act,
as the case may be.
3. This Act binds the Crown.
4. — (1) Notwithstanding any general or special Act, where
an expropriating authority has exercised its statutory powers
to expropriate land, it shall register without undue delay in
111
the proper registry or land titles office a plan of the land
signed by the expropriating authority and by an Ontario land
surveyor, and thereupon, but not otherwise, the land vests in
the expropriating authority.
(2) Where the land is required for a limited time only or where land
1 1- '• 1 • 1 • I • • • 1 1 required
only a limited estate, right or interest therein is required, the temporarily,
plan registered under this section shall indicate by appro-
priate words thereon that the land is taken for such limited
time only or that only such limited estate, right or interest
therein is taken, and by the registration in such case the land
for such limited time or such limited estate, right or interest
therein vests in the expropriating authority.
(3) In the case of an omission, misstatement or erroneous ^f^gjir^'a^^
description in a plan registered under this section, the expro-
priating authority may register in the proper registry or land
titles office a plan replacing or amending the original plan and
signed by the expropriating authority and by an Ontario
land surveyor, and a plan registered under this subsection
shall be marked to show the nature of the replacement or
amendment and is of the same force and effect as, and is in
substitution for, the original plan to the extent that such plan
is replaced or amended thereby.
(4) Where a plan purports to have been signed by an aJ^to"'"^*^*''^
expropriating authority under this section, it shall be pre- ^'^'^^'^^
sumed to have been signed by the expropriating authority
without proof of the signature or official character of the
person appearing to have signed it, unless otherwise directed
by a court or the tribunal determining compensation under
this Act.
(5) Where a limited estate, right or interest in land is being ^"^^^Tj^
taken under The Power Commission Act for an electrical r.s.o. i960,
transmission or distribution line carried on single poles, The*''^^^
Hydro-Electric Power Commission of Ontario may, before
registering a plan under subsection 1, register in the proper
registry or land titles office a preliminary plan, to be known
as and marked "Preliminary Plan" and being a plan with or
without local description, signed by the secretary of the
Commission and illustrating the location of the proposed line
and indicating by appropriate words thereon the nature of
the estate, right or interest being taken, and such preliminary
plan when registered has the same force and effect as a plan
registered under subsection 1, but a plan in accordance with
subsection 1 shall be registered within two years after the
registration of the preliminary plan in substitution for the
preliminary plan.
Ill
Notice of
Expropria-
tion
Where
notice not
served
Right to
compen-
sation
5. — (1) Where a plan has been registered under section 4
and no agreement as to compensation has been made with the
owner, the expropriating authority may serve the owner, and
shall serve the registered owner, within sixty days after the
date of registration of the plan, with a notice of expropriation
of his land (Form 1), but failure to serve the notice does not
invalidate the expropriation.
(2) Where a plan has been registered under section 4 and
a notice of expropriation has not been served in accordance
with subsection 1, the registered owner may elect, by notice
in writing served upon the expropriating authority,
(a) to have the compensation to which he is entitled
assessed as of the date of the registration of the plan
under section 4; or
(b) to have the compensation to which he is entitled
assessed as of the date on which he was served with
the notice of expropriation.
6. — (1) Where land is expropriated or is injuriously aflfected
by an expropriating authority in the exercise of its statutory
powers, the expropriating authority shall make due compensa-
tion to the owner of the land for the land expropriated or for
any damage necessarily resulting from the exercise of such
powers, as the case may be, beyond any advantage that he
may derive from any work for which the land was expropriated
or injuriously affected.
Reparation
(2) Where land is expropriated or is injuriously afTected by
an expropriating authority in the exercise of its statutory
powers, the expropriating authority may, before the compen-
sation is agreed upon or determined, undertake to make altera-
tions or additions or to construct additional work or to abandon
part of the land expropriated or to grant other lands or ease-
ments, in which case the compensation shall be determined
having regard to such undertaking, and, if the undertaking has
not already been carried out, the tribunal determining compen-
sation shall declare that, in addition to the compensation
determined, if any, the owner is entitled to have such alteration
or addition made or such additional work constructed or such
part of the land abandoned or such grant made to him.
Claim for
compensa-
tion for
injurious
affection
7. — (1) Subject to subsection 2, a claim for compensation
for injurious affection of land caused by an expropriating
authority where no land was expropriated shall be made by
the owner of the land in writing with particulars of the claim
within one year after the damage was sustained or after it
became known to the owner, and, if not so made, the right to
compensation is forever barred.
Ill
(2) Where the owner of land that is so injuriously affected idem, where
^'. .,,. owner under
IS an infant, a mental incompetent or a person incapable of disability
managing his affairs, his claim for compensation shall be
made within one year after he ceased to be under the dis-
ability or, in the case of his death while under the disability,
within one year after his death, and, if not so made, the right
to compensation is forever barred.
8. — (1) Where land has been expropriated from an owner oser of
1111 • 1 ^ • A 1 compensa-
and a plan has been registered under section 4 and no agree- tion for land
. , , 1-11 I expropriated
ment as to compensation has been made with the owner, the
expropriating authority shall, within six months after the
date of registration of the plan and before taking possession
of the land, serve upon the regivStered owner an offer in full
payment of the compensation for all interests in the land, but
failure to serve the offer does not invalidate the expropriation.
(2) The expropriating authority may, within the six-month of^pln^^d"
period mentioned in subsection 1 and before taking possession
of the land, upon giving at least two days' notice to the
registered owner, apply to the judge for an order extending
the time for serving the offer under subsection 1.
(3) If the offer required to be served under subsection l^^'Je'^*^"
is not served within the time limited by subsection 1 or by
an order of a judge under subsection 2, interest upon any
compensation payable to the registered owner shall be calcu-
lated from the date of registration of the plan.
9. Where the expropriating authority and the owner have ^^ot'f® «/
not agreed upon the compensation payable under section 6
and, in the case of injurious affection, section 7 has been
complied with, or, in the case of expropriation, section 8 has
been complied with or the time for complying therewith has
expired, the expropriating authority or the owner may serve
notice of arbitration upon the other of them, stating that he
or it, as the case may be, requires the compensation to be
determined by arbitration under this Act.
10. — (1) Where the expropriating authority is a munici- Je"ermfn/ng
pality as defined in The Department of Municipal Affairs ^c/, cojnp^n|a- ^
a claim for compensation, if not agreed upon by the authority P"''^i'iP!^ii'y
and the owner, shall be determined by, expropriating
authority
(o) the judge, in which case the provisions of The Munici- ^-^g^- Ifo^'
pal Arbitrations Act as to procedure apply; 274, 249
{h) the official arbitrator, in which case the provisions of
The Municipal Arbitrations Act as to procedure apply;
or
111
(c) the Board, in which case the provisions of The
Ontario Municipal Board Act as to procedure apply,
as provided for in Part XVI of The Municipal Act.
(2) Where the expropriating authority is a corporation to
which Part II of The Energy Act appHes, a claim for compensa-
Idem,
pipe line
companies
R.s^o. 1960, ^JQi^^ jf j^Q|- agreed upon by the authority and the owner, shall
be determined under section 14 of The Energy Act.
gas'storaKe (^) Where the expropriating authority has received its
R.s.o. I960, authority under section 19 of The Ontario Energy Board Act,
a claim for compensation, if not agreed upon by the authority
and the owner, shall be determined under that section.
Appeals
Idem
Crown and (4) Where the expropriating authority does not come within
propriating subsection 1, 2 or 3, a claim for compensation, if not agreed
authorities upon by the authority and the owner, shall be determined by
^It?' ^^^^' the Board and not otherwise, and The Ontario Municipal
Board Act, except sections 94 and 95, applies so far as is prac-
ticable to every such claim.
11. — -(1) The expropriating authority or the owner may
appeal to the Court of Appeal from any determination or order
of a judge, an official arbitrator or the Board under section 10.
(2) The practice and procedure as to the appeal and pro-
ceedings incidental thereto are the same mutatis mutandis as
upon an appeal from the High Court, except that the appeal
may be taken at any time within six weeks from the day the
determination or order was sent by registered mail to the
parties, and the determination or order shall be deemed to
have been received on the second day following its mailing,
and the period of any vacation of the Supreme Court shall
not be reckoned in computing such six weeks.
mentTf'^^^' ^'^' Subject to subsection 2 of section 5, where land has
comp^ensa- been expropriated, the compensation therefor shall be deter-
expropriated mined as of the date of registration of the plan under sub-
section 1 or 5 of section 4.
land
Costs
Interest
13. The tribunal determining compensation under this Act
may award costs, but, where the total amount of the com-
pensation to all owners of any parcel of land expropriated is
less than $1,000, the tribunal may include in any award of
costs a sum not exceeding 65 per cent of the cost of the prepara-
tion of reports of appraisers used in determining the amount of
compensation.
14. — (1) Subject to subsection 3 of section 8, the tribunal
determining compensation may allow interest on the amount
of compensation at the rate of 5 per cent per annum from
such date as is fixed by the tribunal.
Ill
(2) Where the tribunal determining compensation is of^*^^™
the opinion that any delay in determining the compensation
is attributable in whole or in part to the owner, it may refuse
to allow him interest for the whole or any part of the time for
which he might otherwise be entitled to interest, or may
allow interest at such rate less than 5 per cent per annum as
appears reasonable.
(3) Notwithstanding subsection 1, where the expropriating w^here^no
authority has offered to the registered owner under section 8 and costs
a sum equal to or greater than the compensation determined,
the registered owner shall not be allowed any interest after
the date of the offer or any costs, unless the tribunal deter-
mining the compensation otherwise orders.
15. — (1) Where land has been expropriated, the compensa- ^f^^^^^.*®""
tion stands in the stead of the land, and any claim to orpe^sation
encumbrance on the land is, as respects the expropriating
authority, converted into a claim to or upon the compensation
and no longer affects the land.
(2) Where the owner who is entitled to convey the land ^o^mpeTsa°^
that has been expropriated and the expropriating authority ^^'^^ "9*
agree as to the compensation or the compensation has beenSi.ooo
determined and in either case it does not exceed $1,000, the
expropriating authority may pay the compensation to the
owner who is entitled to convey the land, saving always the
rights of any other person to the compensation as against
the person receiving it, and such payment discharges the
expropriating authority from all liability in respect of the
compensation.
16. Where an owner of the land is unknown, is under aJ|®P^|^®'^-
disability or for any other reason is not represented, a judge
of the Supreme Court may, after due notice to the persons
interested, appoint a person to represent such owner for any
of the purposes of this Act, and any action of a person so
appointed is binding on the person whom he represents.
17. — (1) In any case where the expropriating authority ?^y'^®[J*j.
deems it advisable, it may, without an order, pay the com-
pensation agreed upon or determined into the office of the
Accountant of the Supreme Court together with a sum equal
to the interest thereon at the rate of 5 per cent per annum
for six months.
(2) Upon an application for payment out of court of com- out^Sf^court
pensation paid into court, a judge of the Supreme Court may
direct that such notice of the application be given by publica-
tion or otherwise as he deems proper and may direct the trial
111
8
Adjustment
of interest
Where
unborn
issue
interested
Payment
before
possession
of an issue or make such order with respect to the payment
out of court of compensation and as to costs as he deems
reasonable.
(3) Where an order is obtained under subsection 2 in less
than six months after the payment of the compensation into
court, the judge making the order may direct that a propor-
tionate part of the interest be returned to the expropriating
authority.
(4) Where unborn issue or an unascertained person or class
is interested in compensation paid into court, a judge of the
Supreme Court may appoint such person as he deems proper
to represent them, and any order made under this section is
binding on them.
18. Where land has been expropriated and the compensa-
tion has not been agreed upon or determined, the expropriating
authority, before taking possession of the land, shall ofifer to
the registered owner a sum not less than 50 per cent of the
amount to which he may be entitled as estimated by the
expropriating authority, and, if the registered owner accepts
that sum, it shall be paid and applied in partial payment of
any compensation that may subsequently be agreed upon or
determined.
of^el^pro-"^ 19. — (1) Where land that has been expropriated is vested
priated land in an expropriating authority and the expropriating authority
has served the registered owner with a notice that it requires
possession of the land on the date specified therein, the
expropriating authority, if no application is made under sub-
section 3, is entitled to enter upon and take possession of the
land on the date specified in the notice.
possession (2) The date for possession shall be at least ten days after
the date of the serving of the notice of possession.
for^o8^-^°'^ (3) A registered owner or an expropriating authority may,
ponement of upon such notice as the judge directs, apply to a judge for
POSSOSSlOn -, riir • •/^i*i •
an adjustment of the date for possession specified in the notice
of possession, and the judge, if he considers that under all the
circumstances the application should be granted, may fix the
date for possession.
put'^dowV*^ ^^* — (^) Where resistance or opposition is made to the
res^s^ance expropriating authority or any person authorized by it in
entering upon, using or taking possession of land when it is
entitled so to do, it may apply to a judge for a warrant
directing the sheriff to put down the resistance or opposition.
Hearing (2) The judge shall, in writing, appoint a time and place
for the hearing of the application and in his appointment may
direct that it shall be served upon such persons as he prescribes.
Ill
(3) On proof of the resistance or opposition, the judge niay^|J?^^°^
issue a warrant (Form 2).
(4) The sheriff shall forthwith execute the warrant and make Return
a return to the judge of the execution thereof.
21. — (1) Where, at any time before the date specified inmentof'*'
the notice of possession served under section 19, the land or f^nd"^"**®'^
any part thereof is found to be unnecessary for the purposes
of the expropriating authority or if it is found that a more
limited estate or interest therein only is required, the expro-
priating authority may, by an instrument signed by it and
registered in the proper registry or land titles office and
served on the owner who was served with notice of expropria-
tion, declare that the land or such part thereof is not required
and is abandoned by the expropriating authority or that it is
intended to retain only such limited estate or interest as is
mentioned in the instrument, and thereupon,
(a) the land declared to be abandoned revests in the
owner from whom it was expropriated and those
entitled to claim under him; or
(b) in the event of a limited estate or interest only being
retained by the expropriating authority, the land so
revests subject to such limited estate or interest.
(2) Where part only of the land or all of it except a limited abandon-
estate or interest therein is abandoned, the fact of such™®"*
abandonment and the damage, if any, sustained in conse-
quence of that which is abandoned having been expropriated
and all the other circumstances of the case shall be taken into
account in determining the compensation for the part or the
limited estate or interest that is not abandoned.
(3) Where the whole of the land is abandoned, the owner Complete
r, • ... «,, • abandon-
irom whom it was expropriated is entitled to compensation ment
for all damages sustained and all costs incurred by him in
consequence of the expropriation and abandonment, and the
amount of the compensation, if not agreed upon by the parties,
shall be determined under this Act and not otherwise.
22. This Act comes into force on a day to be named by ^ent"*"*^^"
the Lieutenant Governor by his proclamation.
23. This Act may be cited as The Expropriation Procedures short title
Act, 1962-63.
Ill
10
FORM 1
The Expropriation Procedures Act, 1962-63
{Section 5 {1) )
NOTICE OF EXPROPRIATION
To.
{Registered Owner)
Take Notice:
1. That the did, on the day of
{Name of Authority)
, 19 , register as No in the
{Proper Land Titles or Registry Office)
a plan of expropriation in accordance with The Expropriation Procedures
Act, 1962-63, and that the land defined therein is vested in the
for its use.
{Name of Authority)
2. Attached hereto is a copy of the portion of the plan of expropriation
of your land {or a description thereof).
3. That, under The Expropriation Procedures Act, 1962-63, the
will be notifying you of the amount of
{Name of Authority)
compensation, if any, it is willing to pay for the land expropriated and for
the damages resulting therefrom and that, if you are not satisfied with
the offer, you are entitled to have the compensation determined by
or
{Name of Tribunal) (Alternative Tribunal, if any)
upon your making application to it.
4. That for any further information respecting this matter you may
communicate with
{Name of Authority, Officer or Agent)
at
{Address)
Dated at , this day of , 19
{Name of Authority, Officer or Agent)
111
11
Province of Ontario
County (or District) of
FORM 2
The Expropriation Procedures Act, 1962-63
{Section 20(3))
WARRANT
In the Matter of
The Expropriation Procedures Act, 1962-63
and In the Matter of
To:
Sheriff, etc.:
Whereas resistance or opposition has been made to
or a person authorized by it entering upon,
( Expropriating A uthority )
using or taking possession of (or as the case may be) the land described as
follows:
And Whereas the proof required by section 20 of The Expropriation
Procedures Act, 1962-63 has been made before me;
This is Therefore to command you in Her Majesty's name forthwith
to put down such resistance or opposition and put the
in possession of the said land (or as the case
(Expropriating Atithority)
may be), and make a return to me of your execution hereof.
Given under my hand this day of , 19
Judge
111
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BILL 112
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act respecting the
Assessment of the Town of Leamington
Mr. Spooner
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
This Bill sets aside the assessment roll of the Town of Leamington
prepared in the year 1962 and provides for the preparation of a new roll
to be returned to the clerk of the Town before the 15th day of May, 1963.
112
BILL 112 1962-63
An Act respecting the
Assessment of the Town of Leamington
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The assessment roll for the Town of Leamington pre- ^^®g^t^®"*
pared in the year 1962 is hereby set aside. ^^^^^
2. The assessor of the Town of Leamington shall prepare ^^^p^*j.'^JJ*j"
in the year 1963 an assessment roll in accordance with The
Assessment Act and shall return the roll to the clerk of the^fg^- ^^^^^^
Town on or before the 15th day of May, 1963.
3. The same rights of appeal as apply under The Assessment Appeals
Act with respect to the assessment roll set aside apply with
respect to the assessment roll prepared under section 2, except
that the dates specified in that Act for the hearing and deter-
mination of such appeals shall be extended for a period cor-
responding to the period of time between the return of the
roll set aside and the return of the roll prepared under section 2.
4. The assessment roll prepared and returned by the^6°2n)1i
assessor under section 2 shall be deemed to be the assessment
roll for the Town of Leamington prepared and returned in the
year 1962.
5. The time within which the council of The Corporation Equaiizatioa
of the County of Essex may examine the assessment rolls
prepared in the year 1962 and pass the equalization by-law
mentioned in section 94 of The Assessment Act is extended to
the 1st day of September, 1963.
6. This Act comes into force on the day it receives Royal ment"*"^*
Assent.
7. This Act may be cited as The Town of Leamington ^^^^^ ^^^^^
Assessment Act, 1962-63.
112
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BILL 112
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act respecting the
Assessment of the Town of Leamington
Mr. Spooner
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
■\ t^A ri/\
m 11^
BILL 112 1962-63
An Act respecting the
Assessment of the Town of Leamington
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The assessment roll for the Town of Leamington pre- ^^®g|t"®'^*
pared in the year 1962 is hereby set aside. ^^^^^
2. The assessor of the Town of Leamington shall prepare ^^^p^^j.*oii^
in the year 1963 an assessment roll in accordance with The n.s.o. i960.
Assessment Act and shall return the roll to the clerk of the°'
Town on or before the 15th day of May, 1963.
3. The same rights of appeal as apply under The Assessment Appeals
Act with respect to the assessment roll set aside apply with
respect to the assessment roll prepared under section 2, except
that the dates specified in that Act for the hearing and deter-
mination of such appeals shall be extended for a period cor-
responding to the period of time between the return of the
roll set aside and the return of the roll prepared under section 2.
4. The assessment roll prepared and returned by the i9^®2"ro1i
assessor under section 2 shall be deemed to be the assessment
roll for the Town of Leamington prepared and returned in the
year 1962.
5. The time within which the council of The Corporation Equalization
of the County of Essex may examine the assessment rolls
prepared in the year 1962 and pass the equalization by-law
mentioned in section 94 of The Assessment Act is extended to
the 1st day of September, 1963.
6. This Act comes into force on the day it receives Royal ment'"^"^^
Assent.
7. This Act may be cited as The Town of Leamington ^^^°^^ *^''^®
Assessment Act, 1962-63.
112
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BILL 113
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Municipal Unconditional Grants Act
Mr. Spooner
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
'3/ a/
Explanatory Notes
Section 1 — Subsection 1. The definition of "statu toty payments" is
amended to include the amount of premiums paid by a municipality to
the Ontario Hospital Services Commission to insure indigents.
Subsection 2. The new subsection 4 provides for the making of
grants in the year 1963 to municipalities with respect to indigent hospitaliza-
tion.
113
BILL 113
1962-63
An Act to amend
The Municipal Unconditional Grants Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Subsection 1 of section 8a of The Municipal^-f^- 1^^^'
Unconditional Grants Act, as enacted by section 1 of I^^e (i960-'6i.
c 60 8 1)
Municipal Unconditional Grants Amendment Act, 1960-61, is subs.' i,'
amended by inserting after "sections" in the seventh line
"and the total amount of any premiums paid by the munici-
pality to the Hospital Services Commission of Ontario in that
year to insure indigents in the municipality", so that the
subsection shall read as follows:
(1) In this section, "statutory payments" means the statutory
total amount of the payments for charges for treat- defined
ment of indigent persons and dependants of indigent
persons in a hospital required to be made by a muni-
cipality with respect to any year by sections 18 and 27
of The Public Hospitals Act or the predecessors oi^-^-^-^^^^'
such sections, and the total amount of any premiums
paid by the municipality to the Hospital Services
Commission of Ontario in that year to insure indi-
gents in the municipality, less the total of the amounts
recovered by the municipality in respect of such
payments under sections 29 and 30 of that Act or
the predecessors of such sections.
(2) The said section 8a, as amended by section 1 of T^AeR.s.o. i960,
Municipal Unconditional Grants Amendment Act, 1961-62, is(i96o-6i',
further amended by adding thereto the following subsection: amend^ed^^'
(4) In the year 1963, there shall be paid out of thePrantsre
, , f , 1 T • 1 indigent
moneys appropriated therefor by the Legislature tohospitaii-
each metropolitan municipality, city and separated^
113
town in a county, to each county and to each muni-
cipaHty in the territorial districts a grant of 80 per
cent of the statutory payments made with respect
to the year 1963.
Commence- 2. This Act shall be deemed to have come into force on
the 1st day of January, 1963.
Short title g^ jj^j^ ^^^ ^^^ ^^e cited as The Municipal Unconditional
Grants Amendment Act, 1962-63.
[ihrixj iiiiKjiJioii
/jiieqi >i/iuia
xi-.noi'yyyi&i- •■^u oiai
113
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BILL 113
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Municipal Unconditional Grants Act
Mr. Spooner
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
IB
BILL 113 1962-63
An Act to amend
The Municipal Unconditional Grants Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Subsection 1 of section 8a of The Municipal^ fU'.l^ fa'
Unconditional Grants Act, as enacted by section 1 of ^^^^^eo^'f^i)
Municipal Unconditional Grants Amendment Act, 1960-61, is subs.' i
, , , . . e .. . ,, . , , ,. amended
amended by msertmg after sections m the seventh Ime
"and the total amount of any premiums paid by the munici-
pality to the Hospital Services Commission of Ontario in that
year to insure indigents in the municipality", so that the
subsection shall read as follows:
(1) In this section, "statutory payments" means the statutory
^ ' J r- J payments
total amount of the payments for charges for treat- defined
ment of indigent persons and dependants of indigent
persons in a hospital required to be made by a muni-
cipality with respect to any year by sections 18 and 27
of The Public Hospitals Act or the predecessors of ^Igg" ^^®°'
such sections, and the total amount of any premiums
paid by the municipality to the Hospital Services
Commission of Ontario in that year to insure indi-
gents in the municipality, less the total of the amounts
recovered by the municipality in respect of such
payments under sections 29 and 30 of that Act or
the predecessors of such sections.
(2) The said section 8a, as amended by section 1 of ^^^ ^Im' s^io'
Municipal Unconditional Grants Amendment Act, 1961-62, is ^^ go°'®^;x
further amended by adding thereto the following subsection : amended
(4) In the year 1963, there shall be paid out of the j^^^^lf^t''®
moneys appropriated therefor by the Legislature to ^°^P^*^^ggg
each metropolitan municipality, city and separated
113
town in a county, to each county and to each muni-
cipaUty in the territorial districts a grant of 80 per
cent of the statutory payments made with respect
to the year 1963.
ment"*"^"^ 2. This Act shall be deemed to have come into force on
the 1st day of January, 1963.
Short title ^^ yj^-^ ^^^ ^^^ ^^ cited as The Municipal Unconditional
Grants Amendment Act, 1962-63.
'\ fr.nv
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BILL 114
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend
The Ontario Water Resources Commission Act
Mr. Spooner
TORONTO
Printed and Publishkd by Frank Fogg, Quuhn's Printer
fii*infi
Explanatory Notes
Section 1. The amendments provide that The Public Service Super-
annuation Act applies to the permanent staff of the Commission, other
than persons employed in connection with the operation of sewage works
or water works who are members of the Ontario Municipal Employees
Retirement System.
Section 2. The new clause authorizes the Commission to disseminate
information with respect to water and sewage matters, to provide courses,
etc., and to charge fees therefor.
Section 3. Clause b of subsection 1, clause b of subsection 2 and
subsection 3 of section 28, as re-enacted, are new and authorize the Com-
mission to define an area surrounding a source of public water supply
wherein no act shall be done that may unduly diminish the amount of
water available in such area as a public water supply.
114
BILL 114 1962-63
An Act to amend
The Ontario Water Resources Commission Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 2, as re-enacted by section 2 of The Ontario^ f^^- ^^^^'
Water Resources Commission Amendment Act, 1960-61, and^ubs.a
subsections 3, 4 and 5, as enacted by section 2 of The Ontario o. 7i, s. 2),
Water Resources Commission Amendment Act, 1960-61, ofsubss. 3-5'
section 10 of The Ontario Water Resources Commission ^c/^c. 71, s. 2),
are repealed and the following substituted therefor: repealed
(2) The Public Service Superannuation Act applies to the ^'^erannua-
permanent staff of the Commission, except members ^"^^^jj^g
of the staff who are members of the Ontario Muni- r.s.o. i960,
cipal Employees Retirement System, as though the°'
Commission had been designated by the Lieutenant
Governor in Council under section 27 of that Act.
2. Subsection 1 of section 16 of The Ontario Water Resources ^-^^-^^^q'
Commission Act is amended by adding thereto the following |^|^i^^
clause :
(ea) to disseminate information and advice with respect
to the collection, production, transmission, treat-
ment, storage, suppl}^ and distribution of water or
sewage, and to charge fees in respect thereof.
3. Section 28 of The Ontario Water Resources Commissionf'/iai'.s^is'
Act is repealed and the following substituted therefor: re-enacted
28. — (1) The Commission may define an area that i»- defined for
eludes a source of public water supply, of^pubUo"^
water
(a) wherein no person shall swim or bathe and
no material of any kind that may impair the
quality of the water therein shall be placed,
deposited, discharged or allowed to remain; or
114
OffenccB
(b) wherein no act shall be done and no water
shall be taken that may unduly diminish the
amount of water available in such area as a
public water supply,
fld-1 ^"*^ thereupon the municipality or person who has
a right to use the water from such source for the
purpose of a public water supply shall give notice
of the area so defined by publication, posting or
otherwise as the Commission deems necessary for the
protection of the source of public water supply.
(2) Every person,
(a) who swims or bathes within an area defined
under clause a of subsection 1 or who places,
deposits, discharges or allows to remain within
such an area any material of any kind that
may impair the quality of the water therein;
or
(b) who does any act or takes water within an area
defined under clause b of subsection 1 so that
the amount of water available within the
area as a public water supply may be unduly
diminished,
is guilty of an offence and on summary conviction
is liable to a fine of not more than $1,000 or to
imprisonment for a term of not more than one year,
or to both.
Application (3) Subsection 2 does not apply where the act or taking
of water that may unduly diminish the amount of
water available as a public water supply within an
area defined under subsection 1 was commenced
before the notice of the area is given as required
under subsection 1.
4. — (1) Clause a of subsection 2 of section 28a of The
R.S.O, I860,
o. 281, 8. 28a
(1960-61, Ontario Water Resources Commission Act, as enacted by
o. 71, 8. 3), ' ■'
Bube. 2,
cl. a,
amended
section 3 of The Ontario Water Resources Commission Amend-
ment Act, 1960-61, is amended by inserting after "are" in
the second line "constructed", so that the clause shall read
as follows:
(a) by means of a well or wells or excavation or excava-
tions that are constructed, bored, drilled, dug or
deepened after this section comes into force; or
114
Section 4 — Subsection 1. The amendment is to make it clear that
the provisions dealing with the taking of water by means of wells includes
those that are constructed by means other than boring, drilling and digging.
114
Subsection 2. The penalty for taking water contrary to the Act or
any permit issued by the Commission is increased from $50 to $200.
Section 5. The amendment is to clarify the provisions authorizing
the municipality into which sewage works are extended to collect the
amounts to be paid under an agreement.
Section 6. The new subsectioa authorizes the municipality to
provide for commutation of sewer and water works rates.
Section 7 — Subsection 1. The new clause authorizes the Commission,
with the approval of the Lieutenant Governor in Council, to make regula-
tions providing for a grievance board to hear grievances of employees of
the Commission or any designated classes thereof.
114
(2) Subsection 5 of the said section 28a, as enacted bv sub-^^-^Q9i^o^o^'
section 2 of section 6 of The Ontario Water Resources ^o^'^^q^\%o
mission Amendment Act, 1961-62, is amended by striking outc. 99, s. 6,
su t^s 2 ^
"$50" in the fifth line and inserting in heu thereof "$200", amended
so that the subsection shall read as follows:
(5) Every person who contravenes subsection 2 or any ®"^®
of the terms and conditions of a permit issued by the
Commission is guilty of an offence and on summary
conviction is liable to a fine of not more than $200
for every day the contravention continues.
5. Subsection 9 of section 32 of The Ontario Water Resources ^■§i^-}^^J^'
Commission Act is amended by stnkmg out 'the sewage works subs. 9,
constituted a public utility owned by the municipality" in
the sixth and seventh lines and inserting in lieu thereof "the
municipality itself were proposing to construct, were con-
structing or had constructed the works or were operating and
maintaining the works", so that the subsection shall read as
follows :
(9) Where an agreement is made under subsection 7 or p^jity^J^ay
an order is made under subsection 8, the rnunici-^°^^|°* ^^
pality into which the sewage works are extended may amounts
, 1 11 I 1 agreed or
assess, levy and collect as taxes the amounts to be ordered to
paid under the agreement or order in the same manner ® ^^'
and to the same extent as if the municipality itself
were proposing to construct, were constructing or
had constructed the works or were operating and
maintaining the works.
6. Section 41 of The Ontario Water Resources Commission^-^^'l^^'
Act is amended by adding thereto the following subsection: amended
(la) Where a by-law under subsection 1 imposes a sewer tioS^Sf"*^'
rate or water works rate upon owners or occupants ^**®^
of land, the council of the municipality may provide
for commutation for a payment in cash of the whole
or any part of the rate imposed and may prescribe
the terms and conditions thereof.
7.— (1) Subsection 1 of section 47 of The Ontario Water f-f^'l^l^'
Resources Commission Act, as amended by section 14 of The^^'^^- }>
Ontario Water Resources Commission Amendment Act, 1961-62,
is further amended by adding thereto the following clause:
ikb) providing for a grievance board and prescribing its
jurisdiction, powers and duties, including any powers
that may be conferred upon a commission under The^-^^- 1960.
Public Inquiries Act, designating the classes of its
114
employees that may grieve, and prescribing the
procedures to be followed for hearing and dealing
with grievances.
^•|gO. I960, (2) The said section 47 is amended by adding thereto the
amended ' following subsection :
Proceedings
to enforce
plumbing
regulations
(4) Proceedings to enforce regulations made under
clause e of subsection 1 may be instituted within one
year after the time when the subject-matter of the
proceedings arose.
Commence-
ment
8. This Act, except section 1, comes into force on the day
it receives Roval Assent.
Short title
9. This Act may be cited as The Ontario Water Resources
Commission Amendment Act, 1962-63.
114
Subsection 2. At present, proceedings to enforce plumbing regula-
tions must be commenced within six months after the time when the
subject-matter of the proceedings arose. This period is extended to one
year.
114
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BILL 114
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend
The Ontario Water Resources Commission Act
Mr. Spooner
(Reprinted as amended by the Committee on Municipal Law)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1. The amendments provide that The Public Service Super-
annuation Act applies to the permanent staff of the Commission, other
than persons employed in connection with the operation of sewage works
or water works who are members of the Ontario Municipal Employees
Retirement System.
Section 2. The new clause authorizes the Commission to disseminate
information with respect to water and sewage matters, to provide courses,
etc., and to charge fees therefor.
Section 3. Clause b of subsection 1, clause b of subsection 2 and
subsection 3 of section 28, as re-enacted, are new and authorize the Com-
mission to define an area surrounding a source of public water supply
wherein no act shall be done that may unduly diminish the amount of
water available in such area as a public water supply .
114
BILL 114 1962-63
An Act to amend
The Ontario Water Resources Commission Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 2, as re-enacted by section 2 of The Ontariof'f^^-^^^^-
Water Resources Commission Amendment Act, 1960-61, ^^d subs 2
subsections 3, 4 and 5, as enacted by section 2 of The Ontario c. 71, s. 2),
Water Resources Commission Amendment Act, 1960-61, ofsubss. 3-5'
section 10 of The Ontario Water Resources Commission ^c/c. 71, s. 2),
are repealed and the following substituted therefor: repealed
(2) The Public Service Superannuation Act applies to the ^"^erannua-
permanent stafif of the Commission, except members ^°^g^^g
of the stafT who are members of the Ontario Muni- r.s.o. i960,
cipal Employees Retirement System, as though the°"
Commission had been designated by the Lieutenant
Governor in Council under section 27 of that Act.
2. Subsection 1 of section 16 of The Ontario Water Resources f'fg^-^^^Q'
Commission Act is amended by adding thereto the following |^|^J^^
clause:
(ea) to disseminate information and advice with respect
to the collection, production, transmission, treat-
ment, storage, supply and distribution of water or
sewage, and to charge fees in respect thereof.
3. Section 28 of The Ontario Water Resources Commission^fsi's^ii,'
Act is repealed and the following substituted therefor: re-enacted
28. — (1) The Commission may define an area that in- ^gflned for
eludes a source of public water supply, oPpubUo"
water
(a) wherein no person shall swim or bathe and
no material of any kind that may impair the
quality of the water therein shall be placed,
deposited, discharged or allowed to remain; or
114
u-
(b) wherein no act shall be done and no water
shall be taken that may unduly diminish the
amount of water available in such area as a
public water supply,
and thereupon the municipality or person who has
a right to use the water from such source for the
purpose of a public water supply shall give notice
of the area so defined by publication, posting or
otherwise as the Commission deems necessary for the
protection of the source of public water supply.
Offences
(2) Every person,
(a) who swims or bathes within an area defined
under clause a of subsection 1 or who places,
deposits, discharges or allows to remain within
such an area any material of any kind that
may impair the quality of the water therein;
or
Application
(3)
(b) who does any act or takes water within an area
defined under clause b of subsection 1 so that
the amount of water available within the
area as a public water supply may be unduly
diminished,
is guilty of an ofTence and on summary conviction
is liable to a fine of not more than $1,000 or to
imprisonment for a term of not more than one year,
or to both.
Subsection 2 does not apply where the act or taking
of water that may unduly diminish the amount of
water available as a public water supply within an
area defined under subsection 1 was commenced
before the notice of the area is given as required
under subsection 1.
R.s.o. I960. 4. — (1) Clause a of subsection 2 of section 28a of The
(i960-6i'^ Ontario Water Resources Commission Act, as enacted by
section 3 of The Ontario Water Resources Commission Amend-
ment Act, 1960-61, is amended by inserting after "are" in
the second line "constructed", so that the clause shall read
as follows:
c. 71, B. 3).
BUbs. 2,
cl. a,
amended
(a) by means of a well or wells or excavation or excava-
tions that are constructed, bored, drilled, dug or
deepened after this section comes into force; or
114
Section 4 — Subsection 1. The amendment is to make it clear that
the provisions dealing with the taking of water by means of wells includes
those that are constructed by means other than boring, drilling and digging.
114
Subsection 2. The penalty for taking water contrary to the Act or
any permit issued by the Commission is increased from $50 to $200.
Section 5. The amendment is to clarify the provisions authorizing
the municipality into which sewage works are extended to collect the
amounts to be paid under an agreement.
Section 6. The new subsection authorizes the municipality to
provide for commutation of sewer and water works rates.
Section 7 — Subsection 1. The new clause authorizes the Commission,
with the approval of the Lieutenant Governor in Council, to make regula-
tions providing for a grievance board to hear grievances of employees of
the Commission or any designated classes thereof.
114
(2) Subsection 5 of the said section 28a, as enacted by sub- ^•^<;?- ^^^P-
. . , . _ c. 281, 8. 28a,
section 2 of section 6 of The Ontario Water Resources Com- subs 5
mission Amendment Act, 1961-62, is amended by striking outc. 99, a. 6,
"$50" in the fifth line and inserting in lieu thereof "$200", I milled
so that the subsection shall read as follows:
(5) Every person who contravenes subsection 2 or any ^®"^'^®
of the terms and conditions of a permit issued by the
Commission is guilty of an offence and on summary
conviction is liable to a fine of not more than $200
for every day the contravention continues.
5. Subsection 9 of section 32 of The Ontario Water Resources ^-^J?- ^^S^-
. . . . c. 281, 8. 32,
Commission Act is amended by striking out "the sewage works su^a. 9,
, , ,. ... 111 ••!•,,• amended
constituted a public utility owned by the municipality in
the sixth and seventh lines and inserting in lieu thereof "the
municipality itself were proposing to construct, were con-
structing or had constructed the works or were operating and
maintaining the works", so that the subsection shall read as
follows :
(9) Where an agreement is made under subsection 7 or^Jjty'J^ay
an order is made under subsection 8, the munici- ^°^^|°* ^^
pality into which the sewage works are extended may amounta
assess, levy and collect as taxes the amounts to be ordered to
paid under the agreement or order in the same manner ® ^^^
and to the same extent as if the municipality itself
were proposing to construct, were constructing or
had constructed the works or were operating and
maintaining the works.
6. Section 41 of The Ontario Water Resources Commission f-f^- 1^^^'
.4c/ is amended by adding thereto the following subsection: amended
(la) Where a by-law under subsection 1 imposes a sewer tioS^Sf"**"
rate or water works rate upon owners or occupants '"^*®^
of land, the council of the municipality may provide
for commutation for a payment in cash of the whole
or any part of the rate imposed and may prescribe
the terms and conditions thereof.
7.— (1) Subsection 1 of section 47 of The Ontario Water ^-^^^-l^f^^
Resources Commission Act, as amended by section 14 of r/fgsubs. 1,
Ontario Water Resources Commission Amendment Act, 1961-62,
is further amended by adding thereto the following clause:
{kb) providing for a grievance board and prescribing its
jurisdiction, powers and duties, including any powers
that may be conferred upon a commission under The ^•^^- 1^^°'
Public Inquiries Act, designating the classes of its
114
4
employees that may grieve, and prescribing the
procedures to be followed for hearing and dealing
with grievances.
?"28i' 8^47' (^) ^^^ ®^^^ section 47 is amended by adding thereto the
amended ' following subsection:
to en^force^^ (4) Proceedings to enforce regulations made under
reguiaticms clause e of subsection 1 may be instituted within one
year after the time when the subject-matter of the
proceedings arose.
ment"^^*^"^' ^' — (^) ^'^^^ ^^^' except section 1, comes into force on the
day it receives Royal Assent.
Idem (2) Section 1 shall be deemed to have come into force on
the 1st day of January, 1963.
i
Short title 9^ -pj^jg j^^^^ ^^^y y^^ cited as The Ontario Water Resources 1
Commission Amendment Act, 1962-63.
114
Subsection 2. At present, proceedings to enforce plumbing regula-
tions must be commenced within six months after the time when the
subject-matter of the proceedings arose. This period is extended to one
year.
i
114
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BILL 114
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend
The Ontario Water Resources Commission Act
Mr. Spooner
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 114 1962-63
An Act to amend
The Ontario Water Resources Commission Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 2, as re-enacted by section 2 of l^he Ontario f-f^- ^^^q'
Water Resources Commission Amendment Act, 1960-61, ^"d subs. 2
subsections 3, 4 and 5, as enacted by section 2 of The Ontario c 7i, s. 2),
Water Resources Commission Amendment Act, 1960-61, ofsubss. 3-5'
section 10 of The Ontario Water Resources Commission ^c/c. 71, s. 2),
are repealed and the following substituted therefor: repealed
(2) The Public Service Superanttuation Act applies to the ^"^grannua-
permanent staff of the Commission, except members ^^^^^^.^
of the staff who are members of the Ontario A'luni-R.s.o. i960,
cipal Employees Retirement System, as though the^"
Commission had been designated by the Lieutenant
Governor in Council under section 27 of that Act.
2. Subsection 1 of section 16 of The Ontario Water Resources ^ -^^^ ■ ^^^q'
Commission Act is amended by adding thereto tiie following s^^s^^^^
clause:
(ea) to disseminate information and advice with respect
to the collection, production, transmission, treat-
ment, storage, supply and distribution of water or
sewage, and to charge fees in respect thereof.
3. Section 28 of The Ontario Water Resources Commi s sion ^/is^ ' ^^28,'
Act is repealed and the following substituted therefor: re-enacted
28. — (1) The Commission may define an area that in- defined for
eludes a source of public water supply, oPpubHc"
water
(a) wherein no person shall swim or bathe and
no material of any kind that may impair the
quality of the water therein sliall be placed,
deposited, discharged or allowed to remain; or
114
Offencee
(b) wherein no act shall be done and no water
shall be taken that may unduly diminish the
amount of water available in such area as a
public water supply,
^j^c^ and thereupon the municipality or person who has
a right to use the water from such source for the
purpose of a public water supply shall give notice
of the area so defined by publication, posting or
otherwise as the Commission deems necessary for the
protection of the source of public water supply.
(2) Every person,
(a) who swims or bathes within an area defined
under clause a of subsection 1 or who places,
deposits, discharges or allows to remain within
such an area any material of any kind that
may impair the quality of the water therein;
or
(b) who does any act or takes water within an area
defined under clause b of subsection 1 so that
the amount of water available within the
area as a public water supply may be unduly
diminished,
is guilty of an offence and on summary conviction
is liable to a fine of not more than $1,000 or to
imprisonment for a term of not more than one year,
or to both.
Application (^3) Subsection 2 does not apply where the act or taking
of water that may unduly diminish the amount of
water available as a public water supply within an
area defined under subsection 1 was commenced
before the notice of the area is given as required
under subsection 1.
R.S.O. I960,
0. 281, 8. 28a
(1960-61,
o. 71. 8. 3),
8ubB. 2,
cl. a,
amended
4. — (1) Clause a of subsection 2 of section 28a of The
Ontario Water Resources Commission Act, as enacted by
section 3 of The Ontario Water Resources Commission Amend-
ment Act, 1960-61, is amended by inserting after "are" in
the second line "constructed", so that the clause shall read
as follows:
(a) by means of a well or wells or excavation or excava-
tions that are constructed, bored, drilled, dug or
deepened after this section comes into force; or
114
Section 4 — Subsection 1. The amendment is to make it clear that
the provisions dealing with the taking of water by means of wells includes
those that are constructed by means other than boring, drilling and digging.
114
Subsection 2. The penalty for taking water contrary to the Act or
any permit issued by the Commission is increased from $50 to $200.
Section 5. The amendment is to clarify the provisions authorizing
the municipality into which sewage works are extended to collect the
amounts to be paid under an agreement.
Section 6. The new subsectioa authorizes the municipality to
provide for commutation of sewer and water works rates.
Section 7 — Subsection 1. The new clause authorizes the Commission,
with the approval of the Lieutenant Governor in Council, to make regula-
tions providing for a grievance board to hear grievances of employees of
the Commission or any designated classes thereof.
114
(2) Subsection 5 of tlie said section 28a, as enacted bv sub-^^-O- ^^J^^-
• e 1 ^ • ' /-< ^' 281, 8. 28a,
section 2 of section 6 of The Ontario Water Resources Com- subs. 5
mission Amendment Act, 1961-62, is amended by striking outc. 99. s. 6,
"$50" in the fifth line and inserting in lieu thereof
so that the subsection shall read as follows:
QiiUU , amended
(5) Every person who contravenes subsection 2 or any ^®"^®
of the terms and conditions of a permit issued by the
Commission is guilty of an offence and on summary
conviction is liable to a fine of not more than $200
for every day the contravention continues.
5. Subsection 9 of section 32 of The Ontario Water Resources^-^x^- }^^^'
Commission Act is amended by striking out "the sewage works subs. 9,
constituted a public utility owned by the municipality" in
the sixth and seventh lines and inserting in lieu thereof "the ' " "
municipality itself were proposing to construct, were con-
structing or had constructed the works or were operating and
maintaining the works", so that the subsection shall read as
follows :
(9) Where an agreement is made under subsection 7 or ^fi^y^'^^a^y
an order is made under subsection 8, the munici-^°^^|°* ^^
pality into which the sewage works are extended may amounts
assess, levy and collect as taxes the amounts to be ordered to
paid under the agreement or order in the same manner * ^^^
and to the same extent as if the municipality itself
were proposing to construct, were constructing or
had constructed the works or were operating and
maintaining the works.
6. Section 41 of The Ontario Water Resources Commission ^'fg^' s^fi'
Act is amended by adding thereto the following subsection: amended
(Ifl) Where a by-law under subsection 1 imposes a sewer tioS^Sf"*^'
rate or water works rate upon owners or occupants ''^*®^
of land, the council of the municipality may provide
for commutation for a payment in cash of the whole
or any part of the rate imposed and may prescribe
the terms and conditions thereof.
7.
(1) Subsection 1 of section 47 of The Ontario Water f-^^- If l^'
Resources Commission Act, as amended by section 14 of r/^gsubs. 1
Ontario Water Resources Commission Amendment Act, 1961-62,
is further amended by adding thereto the following clause:
{kb) providing for a grievance board and prescribing its
jurisdiction, powers and duties, including any powers
that may be conferred upon a commission under The^-^^- 1960,
Public Inquiries Act, designating the classes of its
114
employees that may grieve, and prescribing the
procedures to be followed for hearing and dealing
with grievances.
c^'fs?*!^!?' ^^^ ^^^ ®^^^ section 47 is amended by adding thereto the
amended following subsection:
to erfforc^^^ (^) Proceedings to enforce regulations made under
reguiathms clause e of subsection 1 may be instituted within one
year after the time when the subject-matter of the
proceedings arose.
meSf"^"^* 8. This Act, except section 1, comes into force on the day
it receives Royal Assent.
Short title 9. This Act may be cited as The Ontario Water Resources
Cofnmission Amendment Act, 1962-63.
114
Subsection 2. At present, proceedings to enforce plumbing regula-
tions must be commenced within six months after the time when the
subject-matter of the proceedings arose. This period is extended to one
year.
114
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BILL 114
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend
The Ontario Water Resources Commission Act
Mr. Spooner
(Reprinted as amended by the Committee on Mvnicipal Law)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
a ixt
Explanatory Notes
Section 1. The amendments provide that The Public Service Super-
annuation Act applies to the permanent staff of the Commission, other
than persons employed in connection with the operation of sewage works
or water works who are members of the Ontario Municipal Employees
Retirement System.
Section 2. The new clause authorizes the Commission to disseminate
information with respect to water and sewage matters, to provide courses,
etc., and to charge fees therefor.
Section 3. Clause b of subsection 1, clause b of subsection 2 and
subsection 3 of section 28, as re-enacted, are new and authorize the Com-
mission to define an area surrounding a source of public water supply
wherein no act shall be done that may unduly diminish the amount of
water available in such area as a public water supply .
114
iT^aa'T
BILL 114 1962-63
An Act to amend
The Ontario Water Resources Commission Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 2, as re-enacted by section 2 of The Ontario ^f^^-^^^^-
Water Resources Commission Amendment Act, 1960-61, and subs. 2
subsections 3, 4 and 5, as enacted by section 2 of The Ontario c. 71, s. 2).
Water Resources Commission Amendment Act, 1960-61, ofsubss. 3-5'
section 10 of The Ontario Water Resources Commission Actc.ii's.b.),
are repealed and the following substituted therefor: repealed
(2) The Public Service Superannuation Act applies to the ^"^erannua-
permanent stafT of the Commission, except members ^^^^j^^g
of the stafif who are members of the Ontario Muni-R.s.o. i960,
cipal Employees Retirement System, as though the*^'
Commission had been designated by the Lieutenant
Governor in Council under section 27 of that Act.
2. Subsection 1 of section 16 of The Ontario Water Resources ^-^g^- ^^^q'
Commission Act is amended by adding thereto the following ^ubs^i^^
clause :
(ea) to disseminate information and advice with respect
to the collection, production, transmission, treat-
ment, storage, supply and distribution of water or
sewage, and to charge fees in respect thereof.
3. Section 28 of The Ontario Water Resources Commission^' 2^', b^H.'
Act is repealed and the following substituted therefor: re-enacted
28. — (1) The Commission may define an area that in-^gfl^edfor
eludes a source of public water supply, oPpubUc"
water
(a) wherein no person shall swim or bathe and
no material of any kind that may impair the
quality of the water therein shall be placed,
deposited, discharged or allowed to remain; or
114
Offences
(b) wherein no act shall be done and no water
shall be taken that may unduly diminish the
amount of water available in such area as a
public water supply,
and thereupon the municipality or person who has
a right to use the water from such source for the
purpose of a public water supply shall give notice
of the area so defined by publication, posting or
otherwise as the Commission deems necessary for the
protection of the source of public water supply.
(2) Every person,
(a) who swims or bathes within an area defined
under clause a of subsection 1 or who places,
deposits, discharges or allows to remain within
such an area any material of any kind that
may impair the quality of the water therein;
or
(b) who does any act or takes water within an area
defined under clause b of subsection 1 so that
the amount of water available within the
area as a public water supply may be unduly
diminished,
is guilty of an offence and on summary conviction
is liable to a fine of not more than $1,000 or to
imprisonment for a term of not more than one year,
or to both.
Application (3) Subsection 2 does not apply where the act or taking
of water that may unduly diminish the amount of
water available as a public water supply within an
area defined under subsection 1 was commenced
before the notice of the area is given as required
under subsection 1.
R.S.O. I960,
c. 281. s. 28a
(1960-61,
0. 71. 8. 3),
subs. 2,
d. a,
amended
4. — (1) Clause a of subsection 2 of section 28a of The
Ontario Water Resources Commission Act, as enacted by
section 3 of The Ontario Water Resources Commission Amend-
ment Act, 1960-61, is amended by inserting after "are" in
the second line "constructed", so that the clause shall read
as follows:
(a) by means of a well or wells or excavation or excava-
tions that are constructed, bored, drilled, dug or
deepened after this section comes into force; or
114
Section 4 — Subsection 1. The amendment is to make it clear that
the provisions dealing with the taking of water by means of wells includes
those that are constructed by means other than boring, drilling and digging.
114
Subsection 2. The penalty for taking water contrary to the Act or
any permit issued by the Commission is increased from $50 to $200.
Section 5. The amendment is to clarify the provisions authorizing
the municipality into which sewage works are extended to collect the
amounts to be paid under an agreement.
Section 6. The new subsection authorizes the municipality to
provide for commutation of sewer and water works rates.
Section 7 — Subsection 1. The new clause authorizes the Commission,
with the approval of the Lieutenant Governor in Council, to make regula-
tions providing for a grievance board to hear grievances of employees of
the Commission or any designated classes thereof.
114
(2) Subsection 5 of the said section 28a, as enacted by sub- ^-^o?- ^^^^'
• I- • r 1 /^ • /-< 281, 8. 28o,
section 2 of section 6 of The Ontario Water Resources Com- subs. 5
mission Amendment Act, 1961-62, is amended by striking outc. 99. s. 6,
"$50" in the fifth line and inserting in heu thereof "$200",lmendid
so that the subsection shall read as follows:
(5) Every person who contravenes subsection 2 or any ^^"^^
of the terms and conditions of a permit issued by the
. Commission is guilty of an offence and on summary
conviction is liable to a fine of not more than $200
for every day the contravention continues.
5. Subsection 9 of section 32 of The Ontario Water Resources ^-^i^- ^^^P'
Commission Act is amended by striking out "the sewage works subs. 9
constituted a public utility owned by the municipality" in
the sixth and seventh lines and inserting in lieu thereof "the
municipality itself were proposing to construct, were con-
structing or had constructed the works or were operating and
maintaining the works", so that the subsection shall read as
follows :
(9) Where an agreement is made under subsection 7 or ^li^y^^l^ay
an order is made under subsection 8, the munici- ^^^^1°* ^^
pality into which the sewage works are extended may amounts
assess, levy and collect as taxes the amounts to be ordered to
paid under the agreement or order in the same manner ® ^^^
and to the same extent as if the municipality itself
were proposing to construct, were constructing or
had constructed the works or were operating and
maintaining the works.
6. Section 41 of The Ontario Water Resources Commission^^^'a^^'
i4c/ is amended by adding thereto the following subsection: amended
(la) Where a by-law under subsection 1 imposes a sewer tioS^Sf"'*"
rate or water works rate upon owners or occupants ''^*®^
of land, the council of the municipality may provide
for commutation for a payment in cash of the whole
or any part of the rate imposed and may prescribe
the terms and conditions thereof.
7.— (1) Subsection 1 of section 47 of The Ontario Water f-^g^l^l^'^
Resources Commission Act, as amended by section 14 of r/fe^ubs. i,
Ontario Water Resources Commission Amendment Act, 1961-62,
is further amended by adding thereto the following clause:
{kb) providing for a grievance board and prescribing its
jurisdiction, powers and duties, including any powers
that may be conferred upon a commission under The ^fo?- ^^®°'
Public Inquiries Act, designating the classes of its
114
employees that may grieve, and prescribing the
procedures to be followed for hearing and dealing
with grievances.
c^'ls?,' 8.^4?! (2) T^^ ^^^^ section 47 is amended by adding thereto the
amended following subsection:
to^erfforce^^ (4) Proceedings to enforce regulations made under
reguiaticms clause e of subsection 1 may be instituted within one
year after the time when the subject-matter of the
proceedings arose.
ment"^^'^*'** ^* — (^) ^\\\'s> Act, except section 1, comes into force on the
day it receives Royal Assent.
I**®"! (2) Section 1 shall be deemed to have come into force on
the 1st day of January, 1963. "T^J
Short title 9^ T)\\s Act may be cited as The Ontario Water Resources
Commission Amendment Act, 1962-63.
114
Subsection 2. At present, proceedings to enforce plumbing regula-
tions must be commenced within six months after the time when the
subject-matter of the proceedings arose. This period is extended to one
year.
114
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BILL 114
4th Session, 26tii Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend
The Ontario Water Resources Commission Act
Mr. Spooner
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 114 1962-63
An Act to amend
The Ontario Water Resources Commission Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 2, as re-enacted by section 2 of The Ontario^ f^- ^^^^'
Water Resources Commission Amendment Act, 1960-61, and subs. 2^
subsections 3, 4 and 5, as enacted by section 2 of The Ontario c 7i, s. 2).
Water Resources Commission Amendment Act, 1960-61, ofsubss. 3-5'
section 10 of The Ontario Water Resources Commission ^c^ 0^71,3.^2),
are repealed and the following substituted therefor: repealed
(2) The Public Service Superannuation Act applies to the ^"^grannua-
permanent staff of the Commission, except members ^"^^^^^.g
of the staff who are members of the Ontario Muni-R.s.o. i960.
cipal Employees Retirement System, as though the*'"
Commission had been designated by the Lieutenant
Governor in Council under section 27 of that Act.
2. Subsection 1 of section 16 of The Ontario Water Resources f-^^^- ^^^^'
Commission Act is amended by adding thereto the following su^^.i.
clause:
(ea) to disseminate information and advice with respect
to the collection, production, transmission, treat-
ment, storage, supply and distribution of water or
sewage, and to charge fees in respect thereof.
3. Section 28 of The Ontario Water Resources Commission f'/isi'i^^is'
Act is repealed and the following substituted therefor: re-enacted
28. — (1) The Commission may define an area that in- defined for
eludes a source of public water supply, ^PnubUc"
water
(a) wherein no person shall swini or bathe and
no material of any kind that may impair the
quality of the water therein shall be placed,
deposited, discharged or allowed to remain; or
114
(6) wherein no act shall be done and no water
shall be taken that may unduly diminish the
amount of water available in such area as a
public water supply,
and thereupon the municipality or person who has
. ; a right to use the water from such source for the
purpose of a public water supply shall give notice
of the area so defined by publication, posting or
otherwise as the Commission deems necessary for the
protection of the source of public water supply.
Offences . (2) Every person, -. .
(a) who swims or bathes within an area defined
under clause a of subsection 1 or who places,
deposits, discharges or allows to remain within
such an area any material of any kind that
may impair the (}uality of the water therein;
or
(Jb) who does an>' act or takes water within an area
defined under clause b of subsection 1 so that
the amount of water available witiiin the
area as a public water supply may be unduly
diminished,
is guilty of an offence and on sunmiary conviction
is liable to a fine of not more than $1,000 or to
imprisonment for a term of not more than one year,
or to both.
Application (3) Subsection 2 does not apply where the act or taking
of water that may unduly diminish the amount of
water available as a public water supply within an
area defined under subsection 1 was commenced
before the notice of the area, is given as re(juired
under subsection 1.
R.s o. I960, 4. — (1) Clause a of subsection 2 of section 28a of The
c. 281, s. 28(J ^ . „,. „ /-.••,. 11
(1960-61, Ontario Water Resources Commission Act, as enacted by
subs.'2.' ' section 3 of The Ontario Water Resources Commission Amend-
amended merit Act, 1960-61, is amended by inserting after "are" in
the second line "constructed", so that the clause shall read
as follows:
(a) by means of a well or wells or excavation or excava-
tions that are constructed, bored, drilled, dug or
deepened after this section comes into force; or
114
(2) Subsection 5 of the said section 28a, as enacted bv sub-^fo?"„-'^^o^o^'
section 2 of section 6 of The Ontario Water Resources Com- subs. 5
mission Amendment Act, 1961-62, is amended bv striking outc 99. s. 6,
-■ _ '^ subs 2)
"$50" in the fifth line and inserting in lieu thereof "$200", amended
so that, the subsecr on shall read as follows:
(5) Every person who contravenes subsection 2 or any ^^^^
of the terms and conditions of a permit issued by the
Commission is guilty of an offence and on summary
conviction is liable to a fine of not more than $200
for every day the contravention continues.
5. Subsection 9 of section 3)2 of The Ontario Water Resources^-'^x^- }^^^'
Commission Act is amended by strikmg out "the sewage workssu^s. 9
constituted a public utilit}' owned by the municipality" in
the sixth and seventh Hues and inserting in lieu thereof "the
municipality itself were proposing to construct, were con-
structing or had constructed the works or were operating and
maintaining the works", so that the subsection shall read as
follows:
(9) Where an agreement is made under subsection 7 or p^|i"y*^^j^^y
an order is made under subsection 8, the munici-^"^|^^|g^t ^^
pality into which the sewage works are extended mav amounts
, 1 11 1 I ' agreed or
assess, levy and collect as taxes the amounts to be ordered to
paid under the agreement or order in the same manner ® '^^^
and to the same extent as if the municipality itself
were proposing to construct, were constructing or
had constructed the works or were operating and
maintaining the works.
6. Section 41 of The Ontario Water Resources Commission ^-^si' l^ti'
Act is amended by adding thereto the following subsection: amended
(la) Where a by-law under subsection 1 imposes a sewer [(o^^"**"
rate or water works rate upon owners or occupants ''^*°^
of land, the council of the municipality may provide
for commutation for a payment in cash of the whole
or any part of the rate imposed and may prescribe
the terms and conditions thereof.
7.— (1) Subsection 1 of section 47 of The Ontario Water f-^^^. i960.
Resources Commission Act, as amended by section 14 of The^^^^- }>
/-> • TTT- ri y-y ■ • A J t <yi^< ^^ amended
Ontario Water Resources Commission Amendment Act, 1961-62,
is further amended by adding thereto the following clause:
(kh) providing for a grievance board and jjrescribing its
jurisdiction, powers and duties, including any powers
that may be conferred upon a commission under r//eRS.o. i960,
Public Inquiries Act, designating the classes of its
114
employees that may grieve, and prescribing the
procedures to be followed for hearing and dealing
with grievances.
cl'iiil 8.^4?; (^) ^^^ ^^^ section 47 is amended by adding thereto the
amended following subsection:
Proceed ingB
to enforce
plumbing
regulations
Commence-
ment
(4) Proceedings to enforce regulations made under
clause e of subsection 1 may be instituted within one
year after the time when the subject-matter of the
proceedings arose.
8. — (1) This Act, except section 1, comes into force on the
day it receives Royal Assent.
Idem
Short title
(2) Section 1 shall be deemed to have come into force on
the 1st day of January, 1963.
9. This Act may be cited as The Ontario Water Resources
Commission Amendment Act, 1962-63.
114
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BILL 115
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend
The Hours of Work and Vacations with Pay Act
Mr. Gisborn
TORONTO
Printed and Publishrd by Frank Fogg, Queen's Printer
hf?*>frtf^ ot
Explanatory Note
The purpose of this Bill is to increase the mandatory vacation with
pay period from one week a year to two weeks a year during the first four
years on the job and to three weeks a year thereafter.
115
BILL 115
1962-63
An Act to amend
The Hours of Work and Vacations with Pay Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsections 2, 3 and 4 of section 2 of The Hours of Work^f^- 19|0.
and Vacations with Pay Act are repealed and the following 8ub88.'2-4.'
, . , , r ° re-enacted
substituted therefor:
(2) Every employee in an industrial undertaking is^^^^^^
entitled,
(a) after each year of his employment with any
one employer, during the first five years of
such employment, to a vacation of at least
two weeks with pay;
(b) after each year of his employment with any
one employer, after the first five years of such
employment, to a vacation of at least three
weeks with pay.
(3) The vacation pay shall be the average wage of the calculation
employee during the year immediately preceding the pay
date upon which the vacation commences for the
period of the vacation.
(4) The employer may determine the period when the ^ca?ion to
employee may take the vacation provided for in ^® taken
subsection 1, but the period shall not be later than
ten months after the end of the work year to which
the vacation relates.
(5) Subject to subsection 4, where an employee who ispayfwhen
entitled to a vacation of two weeks wishes to takeP^y***'®
his vacation,
115
(a) in one period of two weeks, his vacation pay
shall be paid to him in full by his employer
during the fourteen days immediately preced-
ing the commencement of his vacation; or
(b) in two periods of one week each, one-half of
his vacation pay shall be paid to him by his
employer during the fourteen days im-
mediately preceding the commencement of
each of the two periods.
^**®"^ (6) Subject to subsection 4, where an employee who is
entitled to a vacation of three weeks wishes to take
his vacation,
(a) in one period of three weeks, his vacation pay
shall be paid to him by his employer during
the fourteen days immediately preceding the
■ „ ,.; . ., , ,. commencement of his vacation;
(b) in one period of two weeks and one period of
• .ill. • . ,, ,. .-, one week,
(i) two-thirds of his vacation pay shall be
paid to him by his employer during
the fourteen days immediately preced-
ing the commencement of the period of
two weeks, and
(ii) one-third of his vacation pay shall be
paid to him by his employer during the
fourteen days immediately preceding
the commencement of the period of
one week;
■ '; . (c) in three periods of one week each, one-third
of his vacation pay shall be paid to him by
his employer during the fourteen days im-
mediately preceding the commencement of
each of the three periods; or
fit
(d) in two periods of more than one week but
less than two weeks each, the sum that bears
the same proportion to his vacation pay as
the number of days comprising the period
bears to twenty-one shall be paid to him by
his employer during the fourteen days im-
mediately preceding the commencement of
the period to which the pay relates.
115
2. This Act comes into force on the day it receives Royal ^°^j."^®^^®-
Assent.
3. This Act may be cited as The Hours of Work and Vaca- S'^°'"*^ "*'«
tions with Pay Amendment Act, 1962-63.
115
Explanatory Notes
Section 1. Under recent amendments to the Criminal Code, magis-
trates are authorized to remand "for 30 days for observation" where there
is indication of mental illness. This amendment is complementary to
the Criminal Code amendment and clarifies the status of these persons.
Section 2. Complementary to section 7 of this Bill.
Sections 3 and 4. Section 19 of the Act applies to a person "who is
mentally ill or mentally defective". A person is remanded under the
Criminal Code where "there is reason to believe that he (the accused) is
mentally ill", that is, who may or may not be mentally ill. Accordingly,
for clarification, reference to these persons who are remanded is removed
from section 19 and section 19a is enacted to deal with them.
116
BILL 116 1962-63
An Act to amend The Mental Hospitals Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Clause g of section 1 of The Mental Hospitals Act is ^fg^- ^^f^-
amended by adding at the end thereof "but does not included. «. '
a person remanded for observation under the Criminal Code
(Canada)", so that the clause shall read as follows:
(g) "patient" means a person admitted under this Act
and the regulations to an institution, but does not
include a person remanded for observation under the
Criminal Code (Canada). cfli'ccan.)
2. Subsection 2 of section 5 of The Mental Hospitals Act is^fg^-g^f^-
amended by adding thereto the following clause: ^"^^"d'd
{na) providing for the operation, maintenance and
management of industrial rehabilitation centres,
including the entering into and carrying out of
contracts for,
(i) the purchase of goods, wares and merchandise
for use therein,
(ii) the sale of goods, wares and merchandise
prepared or manufactured therein, and
(iii) supplying services to be performed therein,
prescribing the renmneration to be paid or credited
to patients employed in such centres, and pre-
scribing the classes of patients that may be employed
therein.
3. Clause d of section 19 of The Mental Hospitals Act, asR-fgO- 1960,
amended by section 2 of The Mental Hospitals Amendment c\. d, ' '
Act, 1961-62, is furtiier amended by striking out "or the
Criminal Code (Canada)" in the amendment of 1961-62, so
that the clause shall read as follows:
116
{d) a patient remanded by a judge or a magistrate in
accordance with this Act and the regulations.
R|-0- 1960, 4, The Mental Hospitals Act is amended by adding thereto
amended the following section:
Admission
on remand
1953-54,
c. 51 (Can.)
19a. Any person who is remanded to an institution by any
remanding authority under the Criminal Code
(Canada) may be admitted to that institution.
^•oi?- Po2' 3. Subsections 4 and 5 of section 28 of The Mental Hospitals
subss. 4, 5, Act are repealed and the followmg substituted tlierefor:
re-enacted ^ °
Apprehen-
sion without
warrant
(4) Any person apparently mentally ill or mentally
defective and conducting himself in a manner that
in a normal person would be disorderly may be
apprehended without a warrant by any peace officer
and,
Proceedings
on appre-
hension
(a) conveyed to a hospital in accordance with
section 28a; or
{h) detained in some safe and comfortable place
until the question of his mental condition is
determined as prescribed by section 31.
(5) Where the person alleged to be mentally ill or
mentally defective has been apprehended under a
warrant issued under subsection 1 or has been
detained under clause h of subsection 4, he shall be
brought before a magistrate, and the magistrate may
thereupon by his order in the prescribed form direct
that the person be confined in a safe and comfortable
place, or in the custody of the constable, or in such
other safe custody as the magistrate deems fit, until
the question of his mental condition is determined.
R-SgO-iaeo, e. Subsection 1 of section 38 of The Mental Hospitals Act,
siibs. i, ■ 'as amended by section 4 of The Mental Hospitals Amendment
Act, 1961-62, is repealed and the following substituted therefor:
Admission
on order
of judge
or
magistrate
(1) Where a person has been apprehended either with
or without a warrant and charged with any offence,
a judge or magistrate may, by order, remand that
person to an institution for a period not exceeding
sixty days if the order is accompanied by the pre-
scribed history form.
R.s^o. I960, 7^ xj^g Mental Hospitals Act is amended by adding thereto
amended the following section:
116
Section 5. Subsections 4 and 5 of section 28 are re-enacted so that it
will be clear that "emergency patients" admitted to an institution under
section 28a are not required to appear before a magistrate.
Section 6. The authority of a judge or magistrate to remand under
section 38 is clarified.
Section 7. Self-explanatory.
116
Section 8. Persons are admitted to institutions under The Mental
Hospitals Act in almost all cases upon the certificates of physicians.
These amendments,
1. increase the maximum fee from $10 to $15 for examination and
certification ;
2. authorize regulations permitting the Department of Health to
pay physicians charges for examination and certification ; and
3. bring the recovery provisions into line with 2.
116
71a.— (1) In this section, "patient", in addition to its J^tfJ"n '"®'
meaning in section 1, includes persons designated by
the regulations.
(2) The Minister may establish accommodations and J^^^^fj^^^^
facilities in hospitals for the beneficial employment of tation
patients to be known as "industrial rehabilitation
centres".
(3) The industrial rehabilitation centres shall be operated, Operation
maintained and managed in accordance with the
regulations.
(4) Where the superintendent of a hospital is of the ^f™P t'j^^l'^*
opinion that employment in the industrial rehabilita-
tion centre of the hospital will benefit any patient,
he may permit him to engage in such employment.
(5) A patient employed in an industrial rehabilitation Payment
centre shall receive or be credited with such re-
muneration upon such conditions as the regulations
prescribe.
8.— (1) Subsection 1 of section 72 of The Mental Hospitals f-^^l^^l^
Act is amended by striking out "$10" in the third line and|^|j^^^^
inserting in lieu thereof "$15" and by inserting after "certifi-
cate" in the fifth line "or submits a report", so that the sub-
section shall read as follows:
(1) The necessary costs and expenses incurred u»der ^'*^J^\*^j^(y
sections 26 to 32 and section 38 in determining the
mental condition of a person, including a fee not
exceeding $15 and a travelling allowance of 10 cents
per mile of each medical practitioner who issues a
certificate or submits a report in respect of the
person and the necessary expenses incurred in con-
veying the person to and from an institution, shall
be paid by the municipality from which the person
came or was sent to an institution.
(2) The said section 72 is amended by adding thereto the ^fae,' 8.^72,'
following subsection : amended
(la) The Lieutenant Governor in Council may make^^^^'^8
regulations exempting municipalities from costs and
expenses incurred in determining the mental con-
dition of a person under any section mentioned in
subsection 1 and provide for payment of such costs
and expenses by the Department upon such terms
and conditions as may be prescribed by the regula-
tions.
116
R.S.O. 1960,
c. 236. s. 72,
subB. 2,
amended
(3) Subsection 2 of the said section 11 is amended by
inserting after "expenses" in the second line "incurred by a
municipality under subsection 1 or by the Department under
subsection la" and by inserting after "municipality" in the
second line "or the Department, as the case may be", so that
the subsection shall read as follows:
Recovery
from
eatate, etc.
(2) Where the person is not in destitute circumstances,
the costs and expenses incurred by a municipality
under subsection 1 or by the Department under
subsection la may be recovered by the municipality
or the Department, as the case may be, from his
estate or from him or the person liable for his main-
tenance.
R.S.O. I960,
c. 236, B. 77,
repealed
Sums due
under
9.— (1) Section 77 of The Mental Hospitals Act is repealed,
„„„„, (2) Any sum that is due and owing as a result of the
c^fse's^T?' liability heretofore imposed under section 77 of The Mental
deemed Hospitals Act, shall be deemed to have been fully paid and
^ satisfied. ^^'^ «^ •■"'''' ■
R.S.O. 1960,
c. 236, s. 83,
re-enacted
Where
Public
Trustee not
committee
10. Section 83 of The Mental Hospitals Act, as amended
by section 3 of The Mental Hospitals Amendment Act, 1960-61
and section 9 of The Mental Hospitals A7nendment Act, 1961-62,
is repealed and the following substituted therefor:
d>2>. The Public Trustee is not the committee of the
estate of,
(a) a voluntary patient;
{b) a patient remanded by a judge or a magistrate
in accordance with this Act and the regula-
tions; V-"^ '0>'
19.53-54,
0. 51 (Can.)
(c) an habitue patient during the period he is
admitted temporarily under section 51;
{d) a person admitted under section 22 or re-
manded under the Criminal Code (Canada) ;
{e) a patient admitted under section 28a,
unless the person or the patient in writing, signed
and sealed by him, appoints the Public Trustee as
committee or the Supreme Court appoints the Public
Trustee as committee.
116
Section 9 — Subsection 1. This amendment repeals section 77 of the
Act which provides that a parent is Hable for the maintenance of his child
who is a patient in an institution and which by judicial interpretation
means a child of any age, e.g., six or sixty.
Subsection 2. Self-explanatory.
Section 10. The Public Trustee is the committee of the estates of all
patients in Ontario Hospitals except those specifically mentioned in
section 83 and elsewhere. Thirty-day certificate patients and "emergency
admission" patients are added to the list of exceptions.
116
11. — (1) This Act, except section 9, comes into force on^ommence-
the day it receives Royal Assent.
(2) Section 9 conies into force on the 1st day of July, 1963. ^^^^
12. This Act may be cited as The Mental Hospitals Amend- ^^^""^ *"^®
ment Act, 1962-63.
116
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BILL 116
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Mental Hospitals Act
Mr. Dymond
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
fji i
BILL 116
1962-63
An Act to amend The Mental Hospitals Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Clause q of section 1 of The Mental Hospitals Act is^fg^- 1^^*'-
amended by adding at the end thereof "but does not included. ?, ' '
a person remanded for observation under the Criminal Code
(Canada)", so that the clause shall read as follows:
(g) "patient" means a person admitted under this Act
and the regulations to an institution, but does not
include a person remanded for observation under the
Criminal Code (Canada).
1953-54.
c. 51 (Can.)
2. Subsection 2 of section 5 of The Mental Hospitals Act is^fgg- s^|°'
subs. 2.
amended
amended by adding thereto the following clause:
{na) providing for the operation, maintenance and
management of industrial rehabilitation centres,
including the entering into and carrying out of
contracts for,
(i) the purchase of goods, wares and merchandise
for use therein,
(ii) the sale of goods, wares and merchandise
prepared or manufactured therein, and
(iii) supplying services to be performed therein,
prescribing the remuneration to be paid or credited
to patients employed in such centres, and pre-
scribing the classes of patients that may be employed
therein.
3. Clause d of section 19 of The Mental Hospitals Act, as^fgg; g.^fg;
amended by section 2 of The Mental Hospitals Amendment '^^^•^^^^
Act, 1961-62, is further amended by striking out "or the
Criminal Code (Canada)" in the amendment of 1961-62, so
that the clause shall read as follows:
116
• 2
(d) a patient remanded by a judge or a magistrate in
accordance with this Act and the regulations.
^•§o9- ^^^^' 4. The Mental Hospitals Act is amended by adding thereto
C. 236, 1 r 11 •
amended the lollowmg section :
Admission
on remand
1953-54,
c. 51 (Can.)
19a. Any person who is remanded to an institution by any
remanding authority under the Criminal Code
(Canada) may be admitted to that institution.
c^fse," s.^is! ^' Subsections 4 and 5 of section 28 of The Mental Hospitals
re elfact'ed' ^^^ ^^^ repealed and the following substituted therefor:
Apprehen-
sion without
warrant
(4) Any person apparently mentally ill or mentally
defective and conducting himself in a manner that
in a normal person would be disorderly may be
apprehended without a warrant by any peace officer
and,
(a) conveyed to a hospital in accordance with
section 28a; or
(b) detained in some safe and comfortable place
until the question of his mental condition is
determined as prescribed by section 31.
Proceedings
on appre-
hension
(5) Where the person alleged to be mentally ill or
mentally defective has been apprehended under a
warrant issued under subsection 1 or has been
detained under clause b of subsection 4, he shall be
brought before a magistrate, and the magistrate may
thereupon by his order in the prescribed form direct
that the person be confined in a safe and comfortable
place, or in the custody of the constable, or in such
other safe custody as the magistrate deems fit, until
the question of his mental condition is determined.
R|^o.i960, 6. Subsection 1 of section 38 of The Mental Hospitals Act,
siibs. i, ' 'as amended by section 4 of The Mental Hospitals Amendment
Act, 1961-62, is repealed and the following substituted therefor:
re-enacted
Admission
on order
of judge
or
magistrate
(1) Where a person has been apprehended either with
or without a warrant and charged with any offence,
a judge or magistrate may, by order, remand that
person to an institution for a period not exceeding
sixty days if the order is accompanied by the pre-
scribed history form.
R.S.O. I960,
c. 236,
amended
7. The Mental Hospitals Act is amended by adding thereto
the following section:
116
71a. — (1) In this section, "patient", in addition to itsJ^*^'"P''e-
meaning in section 1, includes persons designated by
the regulations.
(2) The Minister may establish accommodations and J^^^^|^j^[^^
facilities in hospitals for the beneficial employment of Nation
patients to be known as "industrial rehabilitation
centres".
(3) The industrial rehabilitation centres shall be operated. Operation
maintained and managed in accordance with the
regulations.
(4) Where the superintendent of a hospital is of the ^/^P't^^;;^®''*^
opinion that employment in the industrial rehabilita-
tion centre of the hospital will benefit any patient,
he may permit him to engage in such employment.
(5) A patient employed in an industrial rehabilitation Payment
centre shall receive or be credited with such re-
muneration upon such conditions as the regulations
prescribe.
8.— (1) Subsection 1 of section 72 of The Mental Hospitals^f^-l^^l\
Act is amended by striking out "$10" in the third line and|^|j^j^jj
inserting in lieu thereof "$15" and by inserting after "certifi-
cate" in the fifth line "or submits a report", so that the sub-
section shall read as follows:
(1) The necessary costs and expenses incurred under ^'y^jj.\*j^,'{^y
sections 26 to 32 and section 38 in determining the
mental condition of a person, including a fee not
exceeding $15 and a travelling allowance of 10 cents
per mile of each medical practitioner who issues a
certificate or submits a report in respect of the
person and the necessary expenses incurred in con-
veying the person to and from an institution, shall
be paid by the municipality from which the person
came or was sent to an institution,
(2) The said section 72 is amended by adding thereto the ^fse" 3^72,"
following subsection: amended
(la) The Lieutenant Governor in Council may make^*^'"^
regulations exempting municipalities from costs and
expenses incurred in determining the mental con-
dition of a person under any section mentioned in
subsection 1 and provide for payment of such costs
and expenses by the Department upon such terms
and conditions as may be prescribed by the regula-
tions.
116
c^'23^8^72' (^) Subsection 2 of the said section 72 is amended by
subs. 2. inserting after "expenses" in the second line "incurred by a
municipality under subsection 1 or by the Department under
subsection la" and by inserting after "municipality" in the
second line "or the Department, as the case may be", so that
the subsection shall read as follows:
Recovery (2) Where the person is not in destitute circumstances,
estate, etc. the costs and expenses incurred by a municipality
under subsection 1 or by the Department under
subsection la may be recovered by the municipality
or the Department, as the case may be, from his
estate or from him or the person liable for his main-
tenance.
^■fa?: 1.^7?: 9'— (1) Section 77 of The Mental Hospitals Act is repealed,
repealed
under *^"^ (2) Any sum that is due and owing as a result of the
c!"236,' 8.^7?; liability heretofore imposed under section 77 of The Mental
plid^^'^ Hospitals Act shall be deemed to have been fully paid and
satisfied.
^•oq9o^oq' 10. Section 83 of The Mental Hospitals Act, as amended
re-enacted by section 3 of The Mental Hospitals Amendment Act, 1960-61
and section 9 of The Mental Hospitals Amendment Act, 1961-62,
is repealed and the following substituted therefor:
^uwic ^■^- ^^^ Public Trustee is not the committee of the
Trustee not estate of,
committee
(a) a voluntary patient;
(6) a patient remanded by a judge or a magistrate
in accordance with this Act and the regula-
tions;
(c) an habitue patient during the period he is
admitted temporarily under section 51;
{d) a person admitted under section 22 or re-
0^51 f Can.) manded under the Criminal Code (Canada);
or
{e) a patient admitted under section 28fl,
unless the person or the patient in writing, signed
and sealed by him, appoints the Public Trustee as
committee or the Supreme Court appoints the Public
Trustee as committee.
116
11. — (1) This Act, except section 9, comes into force on ^o^^'"®'^^®-
the day it receives Royal Assent.
(2) Section 9 comes into force on the 1st day of July, 1963. ^**®"^
12. This Act may be cited as The Mental Hospitals Amend- ^''°'"* ""®
ment Act, 1962-63.
116
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BILL 117
4th Session, 26x11 Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Air Pollution Control Act
Mr. Dymond
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
n/ loilrioD no?
orfT htrjmn 01 fi/ ixf..
Explanatory Note
The purpose of this Bill is to provide for control at the provincial
level of the emission of air contaminants from factories, etc., of a class
designated in the regulations.
117
BILL 117 1962-63
An Act to amend
The Air Pollution Control Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Air Pollution Control Act is amended by adding R-S.o. i960,
thereto the following section : amended
6a. — (1) In this section, interpre-
tation
(a) "construct" includes erect, reconstruct, install,
alter and repair;
{h) "industrial source" means any action, opera-
tion or treatment embracing chemical, indus-
trial or manufacturing processes that may be
a source of an air contaminant, but does not
include fuel-burning equipment used solely
for the purpose of heating, generating power
or processing steam.
(2) No person shall construct an industrial source to^/'pfans^
which this section is made applicable by the regula-
tions unless the plans and specifications thereof have
been approved by the Minister.
(3) The Minister, wMth the approval of the Lieutenant Regulations
Governor in Council, may make regulations,
{a) classifying industrial sources and designating
the classes thereof to which this section
applies;
{b) prohibiting or regulating and controlling the
emission of air contaminants from industrial
sources ;
(c) respecting the approval of plans and specifica-
tions for industrial sources.
117
2
Conflict (4) Iji the event of conflict between a regulation made
under this section and any municipal by-law, the
regulation prevails.
n^t^^^'^^ 2. This Act comes into force on the day it receives Royal
Assent.
Short title 3^ 'pj^jg ^^^ j^^^y ^^ ^,j^^^ ^g -pjj^ ^^y Pollution Control
Amendment Act, 1962-63.
1. A
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BILL 117
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Air Pollution Control Act
Mr. Dymond
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
5^/. iarjL.
BILL 117
1962-63
An Act to amend
The Air Pollution Control Act
HER MAJESTY, by and with tlie advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Air Pollution Control Act is amended by adding ^sx). i960,
thereto the following section : amended
Interpre-
tation
6a. — (1) In this section,
(a) "construct" includes erect, reconstruct, install,
alter and repair;
(b) "industrial source" means any action, opera-
tion or treatment embracing chemical, indus-
trial or manufacturing processes that may be
a source of an air contaminant, but does not
include fuel-burning equipment used solely
for the purpose of heating, generating power
or processing steam.
(2) No person shall construct an industrial source tOof^puJmT
which this section is made applicable by the regula-
tions unless the plans and specifications thereof have
been approved by the Minister.
(3) The Minister, with the approval of the Lieutenant Regulation*
Governor in Council, may make regulations,
(a) classifying industrial sources and designating
the classes thereof to which this section
applies ;
(b) prohibiting or regulating and controlling the
emission of air contaminants from industrial
sources ;
(c) respecting the approval of plans and specifica-
tions for industrial sources.
117
tit
Conflict
(4) In the event of conflict between a regulation made
under this section and any municipal by-law, the
regulation prevails.
ment"^"°^ 2. This Act comes into force on the day it receives Royal
Assent.
Short title 3^ This Act may be cited as The Air Pollution Control
Amendment Act, 1962-63.
li} J {£!/.: i i.^ ills ■
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BILL 118
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Medical Act
Mr. Dymond
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Mi
Explanatory Notes
Sections 1 and 2. These sections of the Bill are designed,
(a) to redefine the disciplinary jurisdiction of the College of Physicians
and Surgeons of Ontario;
(b) to give executive power in certain cases to the discipline com-
mittee of the Council of the College;
(c) to define the respective authority and duties of the registrar of
the College and the discipline committee of the Council in
disciplinary matters; and
(d) to re-organize and supplement existing provisions as to procedure,
and to provide evidenciary rules in disciplinary matters.
118
BILL 118 1962-63
An Act to amend The Medical Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Sections 33 and 34 of The Medical Act are repealed and^fs?' ^^^^'
the following substituted therefor: re'-^nacud
33. — (1) In this section and in sections 34 to 41c, Jatkfn'^*'
"member" means a medical practitioner registered
on any register now or hereafter maintained by the
College pursuant to this Act.
(2) A member of the College who is alleged to be guilty nib^'^t^o'^®
of professional misconduct is subject to the disci- ^^^?^P^'"^''y
plinary action and liable to the penalties hereinafter
provided.
(3) A member is guilty of professional misconduct, institutes
professional
misconduct
(a) if he has been convicted in Canada of an
indictable offence, or elsewhere of an offence
that, if committed in Canada, would be an
indictable offence, upon proof of such con-
viction ;
(6) if his rights or privileges under the Narcotics i960-6i,
Control Act (Canada) or the Food and -Orwg iggg-ea,^"
Act (Canada) or the regulations under either^- ^s (Can.)
of them have been restricted or withdrawn,
upon proof thereof; or
(c) if he has been guilty, in the opinion of the
discipline committee or Council, of misconduct
in a professional respect or of conduct un-
becoming a medical practitioner.
118
Where
inquiry
to be made
(4) Except in cases under subsection 5, the Council or
the executive committee thereof may direct that an
inquir}^ be made by the discipHne committee into any
alleged professional misconduct, and, upon the
written application of any four members of the
College setting forth particulars of any alleged
professional misconduct, an inquiry shall be directed,
if in the opinion of the Council or the executive
committee there appears to be sufficient evidence of
professional misconduct to warrant the making of
an incjuiry.
Erasure of
name upon
conviction
for criminal
offence in
connection
with
practice
(5) In the case of a conviction after registration under
this Act for a criminal offence committed in con-
nection with the practice of his profession, the
member shall be deemed to be guilty of professional
misconduct and his name shall be erased from the
register by the registrar forthwith upon proof of such
conviction.
Discipline
committee
34. — (1) The Council shall appoint five members of the
Council as a committee to be known as the discipline
committee- for the purpose of exercising the dis-
ciplinary functions designated by this Act.
Quorum
(2) Three members of the discipline committee constitute
a quorum, whether or not a vacancy exists on the
committee.
Vacancies,
etc.
(3) In the case of a vacancy in the membership of the
discipline committee or if a member is unable or un-
willing to act as the result of illness or for any other
reason, the president or, in his absence, the vice-
president may appoint a member in his place.
By-laws
(4) The Council may make by-laws governing the tenure
of ofifice of members of the discipline committee, the
appointment of a chairman, the summoning and
conduct of its meetings, and the practice and pro-
cedure and the transaction of business thereat.
Meeting
place ;
assistance
(5) Tlie College shall provide the discipline committee
with a suitable place for holding its meetings, the
services of counsel and a reporter, and such other
assistance as is necessary or proper to enable it to
properly perform its duties.
R.S.O. I960
0. 234.
re-enacted following substituted therefor
2. Sections 36 to 41 of The Medical Act are repealed and the
118
36. The discipline committee shall, dS/i'ne °*^
committee
in
(a) inquire into the conduct of any member when mltters^^'^^
so directed by the Council or the executive
committee thereof;
(b) hold hearings into charges made against
members in accordance with the practice and
procedure prescribed by the by-laws;
(c) inquire into and report to the Council upon
an application by a former member to have
his name restored to the register; and
(d) perform such other duties as are assigned to
it by the Council.
37. — (1) The registrar shall cause a notice to be served Notice of
. 1 1 • . 1 • -hearing
upon the person whose conduct is the subject ot
inquiry at least two weeks before the hearing, and
the notice shall embody a copy of the charges made
against him or a statement of the subject-matter of
the inquiry, and shall also specify the time and place
of the hearing.
(2) The notice required by subsection 1 shall be deemed notice* °^
to have been duly served if sent by registered mail
to the address of the person required to be served, as
last known to the registrar, and proof of such service
may be made by affidavit.
(3) Upon a hearing, the member whose conduct is the counsel
subject of the inquiry is entitled to be present and to
be represented by counsel.
(4) Where a member fails to attend a hearing after when
receiving due notice thereof, the discipline committee may proceed
may, upon proof of service of such notice, proceed
with the inquiry in his absence without further
notice to such member.
38. — (1) Any person who would be a competent and witnesses
compellable witness at the trial of a civil action in evidence
Ontario is a competent and compellable witness at a
hearing of the discipline committee, and the evidence
adduced thereat shall be governed by The Evidence f'f^- ^^^^'
Act and the rules of evidence in civil proceedings in
Ontario, except that.
118
Subpoenas
(a) where any matter is tendered as evidence
that would not be admissible as such at the
trial of a civil action in Ontario, the com-
mittee may receive such evidence if it is
satisfied that its duty of making due inquiry
into the case before it makes its reception
desirable; and
(b) any letter, statement, prescription, certificate,
record or other document purporting to be
signed by a registered medical practitioner
and any account for professional services that
is on an account form bearing his name is
prima facie evidence that the document was
signed or, in the case of an account, was
authorized by him, and is prima facie evidence
of the statements contained in the document
or account.
(2) The College and the member whose conduct is the
subject of an inquiry may, without leave or order,
obtain from the Supreme Court a subpoena com-
manding the attendance and examination of any
witness and also the production of any document,
the production of which could be compelled at the
trial of an action, to and before the discipline com-
mittee at the time and place mentioned in the sub-
poena, and disobedience to the subpoena shall be
deemed a contempt of court, but the person whose
attendance is required is entitled to the like conduct
money and payment for expenses and loss of time as
upon attendance at a trial in the Supreme Court.
Testimony
under oath,
etc.
Further
functions of
discipline
committee
(3) The testimony of witnesses at hearings of the
discipline committee shall be taken under oath to
be administered by the chairman or other member
of the committee, and there shall be full right to cross-
examine all witnesses called and to call evidence in
defence and reply.
39. — (1) Where after a hearing the discipline committee
finds that a member is guilty of professional mis-
conduct, it may,
(a) suspend the member for a period not exceeding
three months from the register on which he is
registered ;
{b) direct that the member be reprimanded and,
if deemed warranted, that the fact of such
reprimand be recorded on the register;
118
i
(c) direct that the imposition of a penalty be
suspended or postponed for such period and
upon such terms as it may designate, and that,
upon compliance with the terms, any penalty
be remitted;
{d) direct that the member pay to the College
the costs of and incidental to the inquiry,
which may include the cost of reporting and
transcribing the evidence.
(2) The costs shall be taxed on the Supreme Court scale be ta^xed
by the senior taxing officer of the Supreme Court
at Toronto, upon whose certificate execution may
issue out of the Supreme Court for the collection of
such costs by the College, as upon a judgment in an
action in such court.
(3) Where the discipline committee is of the opinion ^®g^®^°^j
that the name of the member should be erased or
that the term of suspension should exceed three
months, it shall make a report of the facts and its
findings and recommendations thereon to the
Council, and may therewith transmit a transcript
of the evidence taken at its inquiry.
40. — (1) The powers and duties of the Council in dis- ^f"g°*i°^ii
ciplinary matters are, Ifiacipiinary
matters
{a) to receive and record reports of the discipline
committee in respect of cases that have been
completely dealt with by the committee and
from which no appeal has been taken ;
{b) to receive and consider reports of the dis-
cipline committee,
(i) in cases in which the committee is of
the opinion that the penalty imposed
should be the erasure of the name of
the member, or that he should be sus-
pended as a member for a period in
excess of three months,
(ii) in cases of appeal from the decision
of the committee,
(iii) in applications for restoration of a
member's name to the register,
118
and to make such findings and orders in respect
thereof and impose such penalties as the
Council considers proper.
^^^^ (2) The Council may act upon the report of the dis-
cipline committee or may require that it be furnished
with a transcript of the evidence taken, and may
refer the matter back to the committee to take
additional evidence.
'^®™ (3) The Council may impose upon a member any
penalty that the discipline committee is authorized
to impose or may direct that the name of the member
concerned be erased from the register or that he be
suspended as a member for such period as the Council
considers proper.
Id®'" (4) The Council may direct that the restoration of the
name of a member to the register be subject to the
payment by the member of such fee, not exceeding
the initial registration fee, as the Council specifies.
Appeals 41.— (1) Any member aggrieved or any two members of
the Council may appeal to the Council from any
decision or order of the discipline committee, and
any member aggrieved may appeal to the Court of
Appeal from any decision or order of the Council at
any time within thirty days from the date of the
decision or order complained of, and the Council or
the Court of Appeal, as the case may be, may upon
the hearing of such appeal make such order in the
matter and as to the costs of the hearing of the
appeal as the Council or the Court of Appeal deems
proper.
Idem
(2) The appeal may be by motion, notice of which shall
be served upon the registrar, and shall be founded
upon a copy of the proceedings before the discipline
committee, the evidence taken, the committee's
report and the orders of the committee and of the
Council in the matter, certified by the registrar,
and the registrar shall, upon the request of any
member desiring to appeal and upon payment of
the cost thereof, furnish such member with a certified
copy of all proceedings, evidence, reports, orders and
papers upon which the committee and the Council
have acted in making the decision or order complained
of, but, in the case of an appeal by two members of
the Council, the registrar shall furnish the material
without charge.
118
Sections 3 and 4. The amendments contained in these sections of
the Bill increase the maximum penalties that may be imposed for the
various offences under the Act.
118
41a.— (1) The registrar in disciplinary matters shall, reg?s°t*ra"in^
disciplinary
m s-ttsrs
(a) erase from the register the name of a member
whose name the Council has directed to be
erased, and shall record the date of the erasure;
(b) enter on the register,
(i) the suspension of a member whose
registration the committee or the
Council has directed to be suspended,
(ii) the fact that a member was repri-
manded, in cases in which the commit-
tee or the Council has directed that such
reprimand be recorded on the register,
stating the date of the order of suspension or
reprimand and the period of suspension;
(c) enter on the register the date and terms of
any order made by the Court of Appeal and
comply with its terms.
(2) The registrar shall not make such erasure or entry ^^®"^
until the time for appeal from the decision or order
has expired without an appeal being taken or, if
taken, has been disposed of.
416. No action shall be brought against the College or^^^^l^^^^
any officer thereof or any member of the Council P°'r®|®' ®*°-
for or in respect of anything done in good faith under
this Act.
41c. While the name of any member is erased, or during Practise
his suspension from membership, it is unlawful for suspension
him to engage in the practice of medicine, surgery p''^ * ^ ®
or midwifery and he shall during such period be
deemed to be unregistered, and, if he practises
medicine, surgery or midwifery during such period,
he is guilty of an offence and on summary conviction
is liable to the penalties prescribed by this Act
relating to practise by unregistered persons.
3. Sections 51 and 52 of The Medical Act are repealed andRSgO- 1960.
the following substituted therefor: ss. 5i,'52,
° re-enacted
51. No person not registered shall practise medicine, Pena^^*y for
surgery or midwifery for hire, gain or hope of reward, medicine
f ./ •' -1 ^1 • without
and, it any person not registered pursuant to this registration
Act, for hire, gain or hope of reward, practises or
professes to practise medicine, surgery or midwifery,
118
8
or advertises to give advice in medicine, surgery or
midwifery, he is guilty of an offence and on summary
conviction is liable for the first offence to a fine of
not less than $50 and not more than $500, for the
second offence to a fine of not less than $200 and
not more than $1,000, and for any subsequent
offence to a fine of $1,000 and not more than six
months imprisonment.
pretendin""^ 52. Any person who wilfully or falsely pretends to be a
to be physician, doctor of medicine, surgeon or general
practitioner, or assumes any title, addition or
description other than he actually possesses and is
legally entitled to, is guilty of an offence and on
summary conviction is liable for the first offence to
a fine of not less than $50 and not more than $500,
for the second offence to a fine of not less than
$200 and not more than $1,000, and for any subse-
quent offence to a fine of $1,000 and not more than
six months imprisonment.
c^'fs^' 8^53' ^* Subsection 1 of section 53 of The Medical Act is repealed
subs, i, ' and the following substituted therefor:
re-enacted °
unautiforfzed (^) "^"V person not registered pursuant to this Act who
use of title takes or uses any name, title, addition or description
implying or calculated to lead people to infer that
he is registered under this Act, or that he is recog-
nized by law as a physician, surgeon, accoucheur or
a licentiate in medicine, surgery or midwifery, or
who assumes, uses or employs the title "Doctor",
"Surgeon" or "Physician" or any affix or prefix
indicative of such titles as an occupational designa-
tion relating to the treatment of human ailments or
physical defects, or advertises or holds himself out as
such, is guilty of an offence and on summary con-
viction is liable for the first offence to a fine of not
less than $50 and not more than $500. for the
second offence to a fine of not less than $200 and
not more than $1,000, and for any subsequent
offence to a fine of $1,000 and not more than six
months imprisonment.
ment™^"*^^' 5. This Act comes into force on the day it receives Royal
Assent.
Short title Q^ This Act may be cited as The Medical Amendment Act,
1962-63.
118
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BILL 118
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Medical Act
Mr. Dymond
{Reprinted as amended by the Committee on Health and Welfare)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Sections 1 and 2. These sections of the Bill are designed,
(c) to redefine the disciplinary jurisdiction of the College of Physicians
and Surgeons of Ontario;
(b) to give executive power in certain cases to the discipline com-
mittee of the Council of the College;
(c) to define the respective authority and duties of the registrar of
the College and the discipline committee of the Council in
disciplinary matters; and
(d) to re-organize and supplement existing provisions as to procedure,
and to provide evidenciary rules in disciplinary matters.
118
BILL 118 1962-63
An Act to amend The Medical Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :
1. Sections 33 and 34 of The Medical Act are repealed and^fg^- ^®®°'
the following substituted therefor: ^^- ^^' ^^U
33. — (1) In this section and in sections 34 to 41c, Jatfon^*'
"member" means a medical practitioner registered
on any register now or hereafter maintained by the
College pursuant to this Act.
(2) A member of the College who is alleged to be guilty jiib^'tl}^
of professional misconduct is subject to the disci- ^^|9ipiinary
plinary action and liable to the penalties hereinafter
provided.
(3) A member is guilty of professional misconduct, what
professional
misconduct
(a) if he has been convicted in Canada of an
indictable offence, or elsewhere of an offence
that, if committed in Canada, would be an
indictable offence, upon proof of such con-
viction ;
(6) if his rights or privileges under the Narcotics i9eo-6i,
Control Act (Canada) or the Food and Drug 1^^2-63^^^
Act (Canada) or the regulations under either ^'^ 38 (Can.)
of them have been restricted or withdrawn,
upon proof thereof; or
(c) if he has been guilty, in the opinion of the
discipline committee or Council, of misconduct
in a professional respect or of conduct un-
becoming a medical practitioner.
118
Where
inquiry
to be made
(4) Except in cases under subsection 5, the Council or
the executive committee thereof may direct that an
inquiry be made by the discipline committee into any
alleged professional misconduct, and, upon the
written application of any four members of the
^d~l-^ College setting forth particulars of any alleged
professional misconduct, an inquiry shall be directed,
if in the opinion of the Council or the executive
committee there appears to be sufficient evidence of
professional misconduct to warrant the making of
an inquiry.
Erasure of
name upon
conviction
for criminal
offence in
connection
with
practice
(5) In the case of a conviction after registration under
this Act for a criminal ofTence committed in con-
nection with the practice of his profession, the
member shall be deemed to be guilty of professional
misconduct and his name shall be erased from the
register by the registrar forthwith upon proof of such
conviction.
Discipline
committee
34. — (1) The Council shall appoint five members of the
Council as a committee to be known as the discipline
committee for the purpose of exercising the dis-
ciplinary functions designated by this Act.
Quorum
(2) Three members of the discipline committee constitute
a quorum, whether or not a vacancy exists on the
committee.
Vacancies,
etc.
(3) In the case of a vacancy in the membership of the
discipline committee or if a member is unable or un-
willing to act as the result of illness or for any other
reason, the president or, in his absence, the vice-
president may appoint a member in his place.
By-laws
(4) The Council may make by-laws governing the tenure
of office of members of the discipline committee, the
appointment of a chairman, the summoning and
conduct of its meetings, and the practice and pro-
cedure and the transaction of business thereat.
Meeting
place ;
assistance
(5)|The College shall provide the discipline committee
with a suitable place for holding its meetings, the
services of counsel and a reporter, and such other
assistance as is necessary or proper to enable it to
properly perform its duties.
R.S.O. I960,
o. 234,
re-enacted following substituted therefor:
2. Sections 36 to 41 of The Medical Act are repealed and the
118
36. The discipline committee shall, JS^e °'
committee
in
(a) inquire into the conduct of any member when mltterT"^
so directed by the Council or the executive
committee thereof;
(b) hold hearings into charges made against
members in accordance with the practice and
procedure prescribed by the by-laws;
(c) inquire into and report to the Council upon
an application by a former member to have
his name restored to the register; and
(d) perform such other duties as are assigned to
it by the Council.
37. — (1) The registrar shall cause a notice to be served Notice of
, , 1-1 1 • -heanng
upon the person whose conduct is the subject oi
inquiry at least two weeks before the hearing, and
the notice shall embody a copy of the charges made
against him or a statement of the subject-matter of
the inquiry, and shall also specify the time and place
of the hearing.
(2) The notice required by subsection 1 shall be deemed notice* °^
to have been duly served if sent by registered mail
to the address of the person required to be served, as
last known to the registrar, and proof of such service
may be made by affidavit.
(3) Upon a hearing, the member whose conduct is the Counsel
subject of the inquiry is entitled to be present and to
be represented by counsel.
(4) Where a member fails to attend a hearing after when
receiving due notice thereof, the discipline committee may proceed
may, upon proof of service of such notice, proceed
with the inquiry in his absence without further
notice to such member.
38. — (1) Any person who would be a competent and witnesses
compellable witness at the trial of a civil action in evidence
Ontario is a competent and compellable witness at a
hearing of the discipline committee, and the evidence
adduced thereat shall be governed by The Evidence f'f^- ^^^^'
Act and the rules of evidence in civil proceedings in
Ontario, except that,
118
4
(a) where any matter is tendered as evidence
that would not be admissible as such at the
trial of a civil action in Ontario, the com-
mittee may receive such evidence if it is
satisfied that its duty of making due inquiry
into the case before it makes its reception
desirable; and
(b) any letter, statement, prescription, certificate,
record or other document purporting to be
signed by a registered medical practitioner
and any account for professional services that
is on an account form bearing his name is
prima facie evidence that the document was
signed or, in the case of an account, was
authorized by him, and is prima facie evidence
of the statements contained in the document
or account.
Subpoenas
Testimony
under oath,
etc.
Further
functions of
discipline
committee
(2) The College and the member whose conduct is the
subject of an inquiry may, without leave or order,
obtain from the Supreme Court a subpoena com-
manding the attendance and examination of any
witness and also the production of any document,
the production of which could be compelled at the
trial of an action, to and before the discipline com-
mittee at the time and place mentioned in the sub-
poena, and disobedience to the subpoena shall be
deemed a contempt of court, but the person whose
attendance is required is entitled to the like conduct
money and payment for expenses and loss of time as
upon attendance at a trial in the Supreme Court.
(3) The testimony of witnesses at hearings of the
discipline committee shall be taken under oath to
be administered by the chairman or other member
of the committee, and there shall be full right to cross-
examine all witnesses called and to call evidence in
defence and reply.
39. — (1) Where after a hearing the discipline committee
finds that a member is guilty of professional mis-
conduct, it may,
(a) suspend the member for a period not exceeding
three months from the register on which he is
registered ;
(b) direct that the member be reprimanded and,
if deemed warranted, that the fact of such
reprimand be recorded on the register;
118
(c) direct that the imposition of a penalty be
suspended or postponed for such period and
upon such terms as it may designate, and that,
upon compliance with the terms, any penalty
be remitted;
{d) direct that the member pay to the College
the costs of and incidental to the inquiry,
which may include the cost of reporting and
transcribing the evidence.
(2) The costs shall be taxed on the Supreme Court scale be taxed
by the taxing officer of the Supreme Court at
Toronto, upon whose certificate execution may
issue out of the Supreme Court for the collection of
such costs by the College, as upon a judgment in an
action in such court.
(3) Where the discipline committee is of the opinion ^®^J®^°^j
that the name of the member should be erased or
that the term of suspension should exceed three
months, it shall make a report of the facts and its
findings and recommendations thereon to the
Council, and may therewith transmit a transcript
of the evidence taken at its inquiry.
40.— (1) The powers and duties of the Council in dis- ^f"g°'Xii
ciplinary matters are, Ifiscipiinary
matters
(a) to receive and record reports of the discipline
committee in respect of cases that have been
completely dealt with by the committee and
from which no appeal has been taken ;
(6) to receive and consider reports of the dis-
cipline committee,
(i) in cases in which the committee is of
the opinion that the penalty imposed
should be the erasure of the name of
the member, or that he should be sus-
pended as a member for a period in
excess of three months,
(ii) in cases of appeal from the decision
of the committee,
(iii) in applications for restoration of a
member's name to the register,
118
Idem
and to make such findings and orders in respect
thereof and impose such penalties as the
Council considers proper.
(2) The Council may act upon the report of the dis-
cipline committee or may require that it be furnished
with a transcript of the evidence taken, and may
refer the matter back to the committee to take
additional evidence.
Idem
Idem
(3) The Council may impose upon a member any
penalty that the discipline committee is authorized
to impose or may direct that the name of the member
concerned be erased from the register or that he be
suspended as a member for such period as the Council
considers proper.
(4) The Council may direct that the restoration of the
name of a member to the register be subject to the
payment by the member of such fee, not exceeding
the initial registration fee, as the Council specifies.
Appeals
Idem
41. — (1) Any member aggrieved or any two members of
the Council may appeal to the Council from any
decision or order of the discipline committee, and
any member aggrieved may appeal to the Court of
Appeal from any decision or order of the Council at
any time within thirty days from the date of the
decision or order complained of, and the Council or
the Court of Appeal, as the case may be, may upon
the hearing of such appeal make such order in the
matter and as to the costs of the hearing of the
appeal as the Council or the Court of Appeal deems
proper.
(2) The appeal may be by motion, notice of which shall
be served upon the registrar, and shall be founded
upon a copy of the proceedings before the discipline
committee, the evidence taken, the committee's
report and the orders of the committee and of the
Council in the matter, certified by the registrar,
and the registrar shall, upon the request of any
member desiring to appeal and upon payment of
the cost thereof, furnish such member with a certified
copy of all proceedings, evidence, reports, orders and
papers upon which the committee and the Council
have acted in making the decision or order complained
of, but, in the case of an appeal by two members of
the Council, the registrar shall furnish the material
without charge.
118
Sections 3 and 4. The amendments contained in these sections of
the Bill increase the maximum penalties that may be imposed for the
various offences under the Act.
118
41fl. — (1) The registrar in disciplinary matters shall, J^gtetrar^in^
disciplinary
(a) erase from the register the name of a member
whose name the Council has directed to be
erased, and shall record the date of the erasure ;
(b) enter on the register,
(i) the suspension of a member whose
registration the committee or the
Council has directed to be suspended,
(ii) the fact that a member was repri-
manded, in cases in which the commit-
tee or the Council has directed that such
reprimand be recorded on the register,
stating the date of the order of suspension or
reprimand and the period of suspension;
(c) enter on the register the date and terms of
any order made by the Court of Appeal and
comply with its terms.
(2) The registrar shall not make such erasure or entry ^'^^"^
until the time for appeal from the decision or order
has expired without an appeal being taken or, if
taken, has been disposed of.
416. No action shall be brought against the College or^^^l°^^
any officer thereof or any member of the Council P°^^®§®' ®*°-
for or in respect of anything done in good faith under
this Act.
41c. While the name of any member is erased, or during Practise
his suspension from membership, it is unlawful for suspension
him to engage in the practice of medicine, surgery p''° ^ ' ®
or midwifery and he shall during such period be
deemed to be unregistered, and, if he practises
medicine, surgery or midwifery during such period,
he is guilty of an offence and on summary conviction
is liable to the penalties prescribed by this Act
relating to practise by unregistered persons.
3. Sections 51 and 52 of The Medical Act are repealed andR|^0- 1960,
the following substituted therefor: ss. 6i.'52,
re-enacted
51. No person not registered shall practise medicine, Penalty for
■■, -r r , • . , r .'practising
surgery or midwiiery tor hire, gam or hope or reward, medicine
Ji •/ ^ • \. J ^ ^ ^,. without
and, it any person not registered pursuant to this registration
Act, for hire, gain or hope of reward, practises or
professes to practise medicine, surgery or midwifery,
118
8
or advertises to give advice in medicine, surgery or
midwifery, he is guilty of an offence and on summary
conviction is liable for the first offence to a fine of
not less than $50 and not more than $500, for the
second offence to a fine of not less than $200 and
not more than $1,000, and for any subsequent
offence to a fine of $1,000 and not more than six
months imprisonment.
Penalty for 52. Any person who wilfully or falsely pretends to be a
pretending i-- j^ e j- • i
to be physician, doctor of medicine, surgeon or general
practitioner, or assumes any title, addition or
description other than he actually possesses and is
legally entitled to, is guilty of an offence and on
summary conviction is liable for the first offence to
a fine of not less than $50 and not more than $500,
for the second offence to a fine of not less than
$200 and not more than $1,000, and for any subse-
quent offence to a fine of $1,000 and not more than
six months imprisonment.
i ^-^o?- ^^fS- 4. Subsection 1 of section 53 of The Medical Act is repealed
I C. 234, 8. 53, , , . ,, . , . , , f
subs. 1. and the following substituted therefor:
I re-enacted
i
I unaut^rized ^^^ -^"^ person not registered pursuant to this Act who
I use of title takes or uses any name, title, addition or description
'' implying or calculated to lead people to infer that
he is registered under this Act, or that he is recog-
■■ nized by law as a physician, surgeon, accoucheur or
i' a licentiate in medicine, surgery or midwifery, or
i who assumes, uses or employs the title "Doctor",
I "Surgeon" or "Physician" or any affix or prefix
\ indicative of such titles as an occupational designa-
s tion relating to the treatment of human ailments or
physical defects, or advertises or holds himself out as
such, is guilty of an offence and on summary con-
viction is liable for the first offence to a fine of not
less than $50 and not more than $500, for the
second offence to a fine of not less than $200 and
not more than $1,000, and for any subsequent
offence to a fine of $1,000 and not more than six
months imprisonment.
ment"^'^*'^" 5. This Act comes into force on the day it receives Royal
Assent.
Short title Q^ This Act may be cited as The Medical Amendment Act,
1962-63.
118
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BILL 118
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Medical Act
Mr. Dymond
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 118
1962-63
An Act to amend The Medical Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Sections 33 and 34 of The Medical Act are repealed and J-fgJ; ^^^°
the following substituted therefor: re-enacted
33. — (1) In this section and in sections 34 to 41c,tatkm™'
"member" means a medical practitioner registered
on any register now or hereafter maintained by the
College pursuant to this Act.
(2) A member of the College who is alleged to be guilty uibKo^
of professional misconduct is subject to the disci- ^J.^^^p^'"*''^
plinary action and liable to the penalties hereinafter
provided.
(3) A member is guilty of professional misconduct,
(a) if he has been convicted in Canada of an
indictable offence, or elsewhere of an offence
that, if committed in Canada, would be an
indictable offence, upon proof of such con-
viction ;
What
constitutes
professional
misconduct
(b) if his rights or privileges under the Narcotics iQ&o-ei.
Control Act (Canada) or the Food and Drug {gQz.Qs^
Act (Canada) or the regulations under either °- ^^ (Can.)
of them have been restricted or withdrawn,
upon proof thereof; or
(c) if he has been guilty, in the opinion of the
discipline committee or Council, of misconduct
in a professional respect or of conduct un-
becoming a medical practitioner.
118
Where
inquiry
to be made
(4) Except in cases under subsection 5, the Council or
the executive committee thereof may direct that an
inquiry be made by the discipline committee into any
alleged professional misconduct, and, upon the
written application of any four members of the
College setting forth particulars of any alleged
professional misconduct, an inquiry shall be directed,
if in the opinion of the Council or the executive
committee there appears to be sufficient evidence of
professional misconduct to warrant the making of
an inquiry.
Erasure of
name upon
conviction
for criminal
offence in
connection
with
practice
(5) In the case of a conviction after registration under
this Act for a criminal offence committed in con-
nection with the practice of his profession, the
member shall be deemed to be guilty of professional
misconduct and his name shall be erased from the
register by the registrar forthwith upon proof of such
conviction.
DiBcipline
committee
34. — (1) The Council shall appoint five members of the
Council as a committee to be known as the discipline
committee for the purpose of exercising the dis-
ciplinary functions designated by this Act.
Quorum
(2) Three members of the discipline committee constitute
a quorum, whether or not a vacancy exists on the
committee.
Vacancies,
etc.
(3) In the case of a vacancy in the membership of the
discipline committee or if a member is unable or un-
willing to act as the result of illness or for any other
reason, the president or, in his absence, the vice-
president may appoint a member in his place.
By-laws
(4) The Council may make by-laws governing the tenure
of office of members of the discipline committee, the
appointment of a chairman, the summoning and
conduct of its meetings, and the practice and pro-
cedure and the transaction of business thereat.
Meeting
place ;
assistance
(5) The College shall provide the discipline committee
with a suitable place for holding its meetings, the
services of counsel and a reporter, and such other
assistance as is necessary or proper to enable it to
properly perform its duties.
R.S.O. I960.
c- 234, 2. bections 36 to 41 of The Medical Act are repealed and the
re-enacted following substituted therefor:
118
36. The discipline committee shall, dSl^ne^'
committee
in
(a) inquire into the conduct of any member when mltters^*'^^
so directed by the Council or the executive
committee thereof;
(b) hold hearings into charges made against
members in accordance with the practice and
procedure prescribed by the by-laws;
(c) inquire into and report to the Council upon
an application by a former member to have
his name restored to the register; and
(d) perform such other duties as are assigned to
it by the Council.
37. — (1) The registrar shall cause a notice to be served hearhfg^*^
upon the person whose conduct is the subject of
inquiry at least two weeks before the hearing, and
the notice shall embody a copy of the charges made
against him or a statement of the subject-matter of
the inquiry, and shall also specify the time and place
of the hearing.
(2) The notice required by subsection 1 shall be deemed notice^ °^
to have been duly served if sent by registered mail
to the address of the person required to be served, as
last known to the registrar, and proof of such service
may be made by affidavit.
(3) Upon a hearing, the member whose conduct is the Counsel
subject of the inquiry is entitled to be present and to
be represented by counsel.
(4) Where a member fails to attend a hearing after when
... . , .,,..,. ° . hearing
receivmg due notice thereof, the disciplme committee may proceed
may, upon proof of service of such notice, proceed
with the inquiry in his absence without further
notice to such member.
38. — (1) Any person who would be a competent and witnesses
compellable witness at the trial of a civil action in evidence
Ontario is a competent and compellable witness at a
hearing of the discipline committee, and the evidence
adduced thereat shall be governed by The Evidence^f^- ^^^^'
Act and the rules of evidence in civil proceedings in
Ontario, except that,
118
(a) where any matter is tendered as evidence
that would not be admissible as such at the
trial of a civil action in Ontario, the com-
mittee may receive such evidence if it is
satisfied that its duty of making due inquiry
into the case before it makes its reception
desirable; and
Subpoenas
Testimony
under oath,
etc.
(b) any letter, statement, prescription, certificate,"
record or other document purporting to be
signed by a registered medical practitioner
and any account for professional services that
is on an account form bearing his name is
prima facie evidence that the document was
signed or, in the case of an account, was
authorized by him, and is prima facie evidence
of the statements contained in the document
or account.
(2) The College and the member whose conduct is the
subject of an inquiry may, without leave or order,
obtain from the Supreme Court a subpoena com-
manding the attendance and examination of any
witness and also the production of any document,
the production of which could be compelled at the
trial of an action, to and before the discipline com-
mittee at the time and place mentioned in the sub-
poena, and disobedience to the subpoena shall be
deemed a contempt of court, but the person whose
attendance is required is entitled to the like conduct
money and payment for expenses and loss of time as
upon attendance at a trial in the Supreme Court.
(3) The testimony of witnesses at hearings of the
discipline committee shall be taken under oath to
be administered by the chairman or other member
of the committee, and there shall be full right to cross-
examine all witnesses called and to call evidence in
defence and reply.
Further
functions of
discipline
committee
39. — (1) Where after a hearing the discipline committee
finds that a member is guilty of professional mis-
conduct, it may,
{a) suspend the member for a period not exceeding
three months from the register on which he is
registered ;
{b) direct that the member be reprimanded and,
if deemed warranted, that the fact of such
reprimand be recorded on the register;
118
(c) direct that the imposition of a penalty be
suspended or postponed for such period and
upon such terms as it may designate, and that,
upon compHance with the terms, any penalty
be remitted;
(d) direct that the member pay to the College
the costs of and incidental to the inquiry,
which may include the cost of reporting and
transcribing the evidence.
(2) The costs shall be taxed on the Supreme Court scale be t^xed
by the taxing officer of the Supreme Court at
Toronto, upon whose certificate execution may
issue out of the Supreme Court for the collection of
such costs by the College, as upon a judgment in an
action in such court.
(3) Where the discipline committee is of the opinion t^®^^®^^^j
that the name of the member should be erased or
that the term of suspension should exceed three
months, it shall make a report of the facts and its
findings and recommendations thereon to the
Council, and may therewith transmit a transcript
of the evidence taken at its inquiry.
40. — (1) The powers and duties of the Council in dis- ^f"g^*J°^ii
ciplinary matters are.
in
disciplinary
matters
(a) to receive and record reports of the discipline
committee in respect of cases that have been
completely dealt with by the committee and
from which no appeal has been taken;
(b) to receive and consider reports of the dis-
cipline committee.
(i) in cases in which the committee is of
the opinion that the penalty imposed
should be the erasure of the name of
the member, or that he should be sus-
pended as a member for a period in
excess of three months,
(ii) in cases of appeal from the decision
of the committee,
(iii) in applications for restoration of a
member's name to the register.
and to make such findings and orders in respect
thereof and impose such penalties as the
Council considers proper.
^*^®"^ (2) The Council may act upon the report of the dis-
cipline committee or may require that it be furnished
with a transcript of the evidence taken, and may
refer the matter back to the committee to take
additional evidence.
^**«"^ (3) The Council may impose upon a member any
penalty that the discipline committee is authorized
to impose or may direct that the name of the member
concerned be erased from the register or that he be
suspended as a member for such period as the Council
considers proper.
Idem (4) The Council may direct that the restoration of the
name of a member to the register be subject to the
payment by the member of such fee, not exceeding
the initial registration fee, as the Council specifies.
Appeals 4i_ — (1) ^j-jy member aggrieved or any two members of
the Council may appeal to the Council from any
decision or order of the discipline committee, and
any member aggrieved may appeal to the Court of
Appeal from any decision or order of the Council at
any time within thirty days from the date of the
decision or order complained of, and the Council or
the Court of Appeal, as the case may be, may upon
the hearing of such appeal make such order in the
matter and as to the costs of the hearing of the
appeal as the Council or the Court of Appeal deems
proper.
Idem
(2) The appeal may be by motion, notice of which shall
be served upon the registrar, and shall be founded
upon a copy of the proceedings before the discipline
committee, the evidence taken, the committee's
report and the orders of the committee and of the
Council in the matter, certified by the registrar,
and the registrar shall, upon the request of any
member desiring to appeal and upon payment of
the cost thereof, furnish such member with a certified
copy of all proceedings, evidence, reports, orders and
papers upon which the committee and the Council
have acted in making the decision or order complained
of, but, in the case of an appeal by two members of
the Council, the registrar shall furnish the material
without charge.
118
41a. — (1) The registrar in disciplinary matters shall, J^g?s*t*ra"in^
disciplinary
(a) erase from the register the name of a member
whose name the Council has directed to be
erased, and shall record the date of the erasure ;
(b) enter on the register,
(i) the suspension of a member whose
registration the committee or the
Council has directed to be suspended,
(ii) the fact that a member was repri-
manded, in cases in which the commit-
tee or the Council has directed that such
reprimand be recorded on the register,
stating the date of the order of suspension or
reprimand and the period of suspension;
(c) enter on the register the date and terms of
any order made by the Court of Appeal and
comply with its terms.
(2) The registrar shall not make such erasure or entry ^'*®'^
until the time for appeal from the decision or order
has expired without an appeal being taken or, if
taken, has been disposed of.
41&. No action shall be brought against the College or^i'^jo^^
any officer thereof or any member of the Council College, etc
for or in respect of anything done in good faith under
this Act.
41c. While the name of any member is erased, or during p^^^^^'^®
his suspension from membership, it is unlawful for suspension
, . . , . * ' ... prohibited
him to engage m the practice ot medicine, surgery
or midwifery and he shall during such period be
deemed to be unregistered, and, if he practises
medicine, surgery or midwifery during such period,
he is guilty of an offence and on summary conviction
is liable to the penalties prescribed by this Act
relating to practise by unregistered persons.
3. Sections 51 and 52 of The Medical Act are repealed and^s^o. i960,
the following substituted therefor: ss. 5i,'52,
re-enacted
51. No person not registered shall practise medicine. Penalty for
-J -r f 1 • -I r 'practising
surgery or midwifery lor hire, gain or hope ot reward, medicine
and, if any person not registered pursuant to this registration
Act, for hire, gain or hope of reward, practises or
professes to practise medicine, surgery or midwifery,
118
8
Penalty for
pretending
to be
physician
or advertises to give advice in medicine, surgery or
midwifery, he is guilty of an ofTence and on summary
conviction is liable for the first offence to a fine of
not less than $50 and not more than $500, for the
second offence to a fine of not less than $200 and
not more than $1,000, and for any subsequent
offence to a fine of $1,000 and not more than six
months imprisonment.
52. Any person who wilfully or falsely pretends to be a
physician, doctor of medicine, surgeon or general
practitioner, or assumes any title, addition or
description other than he actually possesses and is
legally entitled to, is guilty of an offence and on
summary conviction is liable for the first offence to
a fine of not less than $50 and not more than $500,
for the second offence to a fine of not less than
$200 and not more than $1,000, and for any subse-
quent offence to a fine of $1,000 and not more than
six months imprisonment.
?'oi9' PkS* 4:. Subsection 1 of section 53 of The Medical Act is repealed
subs. 1, and the following substituted therefor:
re-enacted °
Penalty for
unauthorized
use of title
Commence-
ment
(1) Any person not registered pursuant to this Act who
takes or uses any name, title, addition or description
implying or calculated to lead people to infer that
he is registered under this Act, or that he is recog-
nized by law as a physician, surgeon, accoucheur or
a licentiate in medicine, surgery or midwifery, or
who assumes, uses or employs the title "Doctor",
"Surgeon" or "Physician" or any affix or prefix
indicative of such titles as an occupational designa-
tion relating to the treatment of human ailments or
physical defects, or advertises or holds himself out as
such, is guilty of an offence and on summary con-
viction is liable for the first offence to a fine of not
less than $50 and not more than $500, for the
second offence to a fine of not less than $200 and
not more than $1,000, and for any subsequent
offence to a fine of $1,000 and not more than six
months imprisonment.
5. This Act comes into force on the day it receives Royal
Assent.
Short title
6. This Act may be cited as The Medical Amendment Act,
1962-63.
118
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BILL 119
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to establish Killarney Recreational Reserve
Mr. Roberts
T O 1< O N T O
Printed and Publishkd by Frank Fogg, Qukkn's Pkinter
9V"t*»>
Explanatory Note
The purpose of this Bill is to establish Killarney Recreational Reserve.
119
I
BILL 119 1962-63
An Act to establish
Killarney Recreational Reserve
WHEREAS recreation is becoming one of the chief land P'"®*'"^^*
uses of a growing population having more leisure time
and greater transportation facilities at its disposal, it is
therefore expedient in the public interest to name an area of
public lands strategically located in relation to centres of dense
population and possessing great potential for year-round
recreational use;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. In this Act, interpre-
tation
(a) "Minister" means the Minister of Lands and Forests;
(b) "public lands" means lands belonging to Her
Majesty in right of Ontario, wiiether or not covered
with water.
2. The public lands situate within the area described in RecreaMonai
the Schedule to this Act shall be known as Killarne>- Recrea- i^^serve
tional Reserve under the control and management of the
Minister.
3.- (1) The Minister shall formulate a land-use plan for J;»\\'i-"8e
the development of the public lands in Killarney Recreational
Reserve that have a potential for recreational use.
(2) The Minister may take such measures as he deems J^PJ®'"®'^"
proper for the implementation of the land-use plan referred of plan
to in subsection 1 or any part of such plan.
4. — (1) The Lieutenant Governor in (^ouncil ma>- make ^''^®s"^^*'^°'^*
regulations,
119
(a) respecting the care, preservation, improvement,
control and management of Killarney Recreational
Reserve ;
(b) respecting any matter necessarx' or advisable to
, ^ , carry out effectively the intent and purpose of this
"'■'■^' Act.
Regulations (2) Any regulation under subsection 1 may be made
limited in applicable to anv part of Killarnev Recreational Reserve.
application
ment^^'^^^ 5. This Act comes into fprct; on the day it receives Royal
Assent. -,. . . ^- -
Short title q^ j|-,jg j!,^^.^ j-j-^^^ j^^ cited as The Killarney Recreational
Reserve Act, 1962-63.
< ' -.A-
119
SCHEDULE
KILLARNEY RKCREATIONAL RESERVE
In the districts of Algonia, Manitoulin, Nipissing, Parry Sound and
Sudbury, and described as follows:
Commencing at a point in the high water mark on the easterly shore
of Georgian Bay where the same is intersected by the southerly boundary
of the Township of Shawanaga, in the District of Parry Sound;
Thence easterly along the southerly boundaries of the townships of
Shawanaga and Burpee to the southeasterly corner of the last-mentioned
township;
Thence northerly along the easterly boundaries of the townships of
Burpee and Burton to the centre line of the allowance for road between
concessions VI and VII in the Township of McKenzie;
Thence easterly along the centre line of the allowance for road
between concessions VI and VII to the easterly boundary of the Township
of McKenzie;
Thence continuing easterly along the centre line of the allowance for
road between concessions VI and VII in the Township of Ferrie to the
centre line of the allowance for road between lots 30 and 31, Concession VI ;
Thence southerly along the centre line of the allowance for road be-
tween lots 30 and 31, concessions VI, \', IV^ III, II and I, to the southerly
boundary of the Township of Ferrie;
Thence easterly along the southerly boundary of the Township of
Ferrie to the southeasterly corner thereof;
Thence northerly along the easterly boundaries of the townships of
Ferrie and Mills to the centre line of the allowance for road between
concessions VI and VII in the Township of Mills;
Thence westerly along the centre line of the allowance for road
between concessions VI and VII to the westerly boundary of the Township
of Mills;
Thence northerly along the westerly boundary of the Township of
Mills to the centre line of the allowance for road between concessions VIII
and IX in the Township of Wilson;
Thence westerly along the centre line of the allowance for road
between concessions VI 11 and IX to the centre line of the allowance for
road between lots 15 and 16, Concession IX, in the said Township of
Wilson ;
Thence northerly along the centre line of the allowance for road
between lots 15 and 16, concessions IX and X, to the centre line of the
allowance for road between concessions X and XI in the said Township of
Wilson ;
Thence westerly along the centre line of the allowance for road
between concessions X and XI to the westerly boundary of the Township
of Wilson;
Thence northerly along the westerly boundaries of the townships of
Wilson and McConkey to the centre line of the allowance for road between
concessions IV and V in the Township of McConkey;
Thence easterly along the centre line of the allowance for road be-
tween concessions IV and V to the easterly boundary of the Township of
McConkey ;
119
Thexch continuing easterly along the centre line of the allowance for
road between concessions IV and V, in the Township of Hardy, to the
easterly boundary of the Township of Hardy;
Thence northerly along the easterly boundary of the Township of
Hardy to the centre line of the allowance for road between concessions VI
and VII in the Township of Patterson;
Thenxe easterly along the centre line of the allowance for road between
concessions VI and \TI, in the Township of Patterson, to the northwesterly-
corner of the Township of Gurd;
Then'CE easterly along the northerh- boundary of the Township of
Gurd to the noftheasterly corner thereof;
Thence northerly along the easterly boiuidary of the Township of
Patterson and its production northerly to the intersection with the boun-
dary between the districts of Nipissing and Parry Sound;
Thence northwesterly in a straight line to the intersection of the
production easterly of the northerly boundary of the Township of Loudon,
in the District of Nipissing, with the production northerly of the line be-
tween lots 4 and 5, Concession V, in the Township of Bertram ;
Thence westerly along the said production of the northerly boundary
of the Township of Loudon and continuing westerly along the northerly
boundary of the Township of Loudon, in the District of Nipissing, and the
northerly boundaries of the townships of Haddo and Cherriman, in the
District of Sudbury, to the northwesterly corner of the last-mentioned
township;
Thence northerly along the easterly boundaries of the townships of
Hendrie and Hawley to the northeasterly corner of the last-mentioned
township;
Thence westerly along the northerly boundary of the Township of
Hawley to the northwesterly corner thereof;
Thence southerly along the westerly boundaries of the townships of
Hawley and Hendrie to the southwesterly corner of the last-mentioned
township;
Thence westerly along the northerly boundary of the Township of
Servos to the northwesterly corner of Lot 6, Concession \T, in the said
Township of Ser\os;
Thence southerly along the westerly boundary of Lot 6, concessions
VI, V, IV and III, to the southwesterly corner of Lot 6, Concession III,
in the said Township of Servos;
Thence westerly along the northerly boundaries of lots 7, 8, 9, 10, 11
and 12, Concession II, in the Township of Ser\os, to the easterly boundary
of the Township of Laura;
Thence southerly along the easterly boundary of the Township of
Laura to the southeasterly corner thereof;
Thence westerly along the southerly boundary of the Township of
Laura to the southeasterly corner of the Township of Halifax;
Thence northerly along the easterly boundaries of the townships of
Halifax and Tilton to the northeasterly corner of the last-mentioned
township;
Thence westerly along the northerly boundaries of the townships of
Tilton and Eden to the easterly boundar>- of Whitefish Lake Indian
Reserve Number 6;
Thence northerly, westerly, southwesterly, southerly and south-
easterly following the easterly, northerly and westerly boundaries of the
said Indian Reserve to the northerly boundary of the Township of Dieppe;
119
Thence westerly along the northerly boundaries of the townships of
Dieppe and Truman to the northwesterly corner of the last-mentioned
township;
Thenxe southerly along the westerly boundary of the Township of
Truman to the high water mark on the northerly shore of West Bay of
Lake Panache;
Thence in a general westerly and southwesterly direction following
the high water mark on the northerly and westerly shores of West Bay to
the line between concessions III and IV in the Township of Foster;
Thence westerly along the line between concessions III and IV to the
westerly boundary of the Township of Foster;
Thence southerly along the westerly boundary of the Township of
Foster to the southwesterly corner thereof;
Thence westerly along the northerly boundaries of the townships of
Mongowin and McKinnon to the northwesterly corner of the last-mentioned
township;
Thence southerly along the westerly boundary of the Township of
McKinnon to the high water mark on the northerly shore of the North
Channel of Lake Huron;
Thence in a general westerly direction following the said high water
mark to the most westerly extremity of Serpent River Indian Reserve
Number 7 in the District of Algoma;
Thence southerly in a straight line to the high water mark on the
most westerly extremity of Sylvain Island:
Thence south astronomically to the boundary between the districts
of Algoma and Manitoulin;
Thence easterly along the last-mentioned boundary to a point in
longitude 82 degrees 30 minutes west;
Thence southeasterly in a straight line to the high water mark on
the most northerly extremity of Maple Point, in the Township of Allan,
in the District of Manitoulin;
Thence easterly in a straight line to the high water mark on the
most northwesterly extremity of Freer Point in the Township of Howland;
Thence in a general northeasterly, easterly and southerly direction
following the high water mark of the North Channel of Lake Huron and
Georgian Bay to the southerly boundary of the Township of Howland;
Thence easterly in a straight line to the high water mark on the most
northerly extremity of Bold Point on Manitoulin Island Indian Reserve
Number 26;
Thence east astronomically to the intersection with a line drawn
south astronomically from the southwesterly corner of the Township of
Travers in the District of Sudbury;
Thence southeasterly in a straight line to the high water mark on the
most northerly extremity of North Limestone Island situate in Georgian
Bay, in front of the Township of Shawanaga, in the District of Parry
Sound;
Thence easterly in a straight line to the high water mark on the
njost northerly extremity of Twin Island;
Thence easterly in a straight line to the point of commencement;
Excepting Thereout and Therefrom the Municipality of the
Township of Rutherford and George Island in the District of Manitoulin.
119
And Ft'RTHF.K Excepting THiiREOux and Thkrkfrom the townships
of Bigwood, Cosby, Martland and Mason, in the District of Sudbury,
and parts of the townships of Delamere and Scollard, in the District of
Sudbury, and part of the Township of Falconer, in the District of Nipissing,
and which exception may be more particularly described as follows:
Commencing at the northeasterly corner of the Township of Delamere;
Thence westerly along the northerly boundary of the said township
to the northwesterly corner of Lot 10, Concession VI, in the said Township
of Delamere;
Thence southerly along the line between lots 10 and 11, concessions
VI, V, IV, III and II, to the southwesterly corner of Lot 10, Concession II,
in the said Township of Delamere;
Thence westerly along the line between concessions I and II to the
westerly boundary of the said Township of Delamere;
Thence southerly along the westerly boundary of the Township of
Delamere to the northerly boundary of the Township of Bigwood;
Thence westerly along the northerly boundary of the Township of
Bigwood to the northwesterly corner thereof;
Thence southerly along the westerly boundary of the Township of
Bigwood and its production southerly to the boundary between the
districts of Parry Sound and Sudbury;
Thence easterly following the boundary between the districts of
Parry Sound and Sudbury to the intersection with the production southerly
of the easterly boundary of the Township of Mason;
Thence northerly along that production and the easterly boundary
of the Township of Mason to the intersection with the high w^ater mark
on the northerly shore of the North Channel of the French River;
Thence in a general easterly direction following the said high water
mark to the line between lots 10 and 11, Concession V, in the Township of
Scollard;
Thence northerly along the line between lots 10 and 11, Concession V,
in the Township of Scollard, to the southerly boundary of the Township
of Falconer;
Thence easterly along the southerly boundary of the Township of
Falconer to the southeasterly corner of Lot 5, Concession I, in the Town-
ship of Falconer;
Thence northerly along the line between lots 4 and 5, concessions I,
II, III, IV, V and VI, to the northerly boundary of the Township of
Falconer ;
Thence westerly along the northerly boundaries of the townships of
Falconer, Martland and Cosby to the point of commencement.
119
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BILL 119
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to establish Killarney Recreational Reserve
Mr. Roberts
W
iV
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 119 1962-63
An Act to establish
Killarney Recreational Reserve
WHEREAS recreation is becoming one of tlie chief land Preamble
uses of a growing population having more leisure time
and greater transportation faciUties at its disposal, it is
therefore expedient in the pubHc interest to name an area of
public lands strategically located in relation to centres of dense
population and possessing great potential for year-round
recreational use;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. In this Act, interpre-
tation
(a) "Minister" means the Minister of Lands and Forests;
(b) "public lands" means lands belonging to Her
Majesty in right of Ontario, whether or not covered
with water.
2. The public lands situate within the area described in RecreaUonai
the Schedule to this Act shall be known as Killarney Recrea- Reserve
tional Reserve under the control and management of the
Minister.
3. — (1) The Minister shall formulate a land-use plan for ^j^^*^"*«
the development of the public lands in Killarney Recreational
Reserve that have a potential for recreational use.
(2) The Minister may take such measures as he deems J^Pj®'^®'^"
proper for the implementation of the land-use plan referred of plan
to in subsection 1 or any part of such plan.
4. — (1) The Lieutenant Governor in Council may make ^®8"'^*'°"^
regulations,
119
(a) respecting the care, preservation, improvement,
control and management of Killarney Recreational
Reserve ;
(b) respecting any matter necessary or advisable to
carry out effectively the intent and purpose of this
Act.
Regulations (2) Any regulation under subsection 1 may be made
limited in applicable to any part of Killarnev Recreational Reserve.
application
^Commence- 5. This Act comes into force on the day it receives Royal
Assent.
Short title q^ q^his Act may be cited as The Killarney Recreational
Reserve Act, 1962-63.
119
SCHEDULE
KILLARNEY RECREATIONAL RESERVE
In the districts of Algoma, Manitoulin, Nipissing, Parry Sound and
Sudbury, and described as follows:
Commencing at a point in the high water mark on the easterly shore
of Georgian Bay where the same is intersected by the southerly boundary
of the Township of Shawanaga, in the District of Parry Sound;
Thence easterly along the southerly boundaries of the townships of
Shawanaga and Burpee to the southeasterly corner of the last-mentioned
township;
Thence northerly along the easterly boundaries of the townships of
Burpee and Burton to the centre line of the allowance for road between
concessions VI and VII in the Township of McKenzie;
Thence easterly along the centre line of the allowance for road
between concessions VI and VII to the easterly boundary of the Township
of McKenzie;
Thence continuing easterly along the centre line of the allowance for
road between concessions VI and VII in the Township of Ferrie to the
centre line of the allowance for road between lots 30 and 31, Concession VI ;
Thence southerly along the centre line of the allowance for road be-
tween lots 30 and 31, concessions VI, V, IV, III, II and I, to the southerly
boundary of the Township of Ferrie;
Thence easterly along the southerly boundary of the Township of
Ferrie to the southeasterly corner thereof;
Thence northerly along the easterly boundaries of the townships of
Ferrie and Mills to the centre line of the allowance for road between
concessions VI and VII in the Township of Mills;
Thence westerly along the centre line of the allowance for road
between concessions VI and VII to the westerly boundary of the Township
of Mills;
Thence northerly along the westerly boundary of the Township of
Mills to the centre line of the allowance for road between concessions VIII
and IX in the Township of Wilson;
Thence westerly along the centre line of the allowance for road
between concessions VIII and IX to the centre line of the allowance for
road between lots 15 and 16, Concession IX, in the said Township of
Wilson ;
Thence northerly along the centre line of the allowance for road
between lots 15 and 16, concessions IX and X, to the centre line of the
allowance for road between concessions X and XI in the said Township of
Wilson;
Thence westerly along the centre line of the allowance for road
between concessions X and XI to the westerly boundary of the Township
of Wilson;
Thence northerly along the westerly boundaries of the townships of
Wilson and McConkey to the centre line of the allowance for road between
concessions IV and V in the Township of McConkey;
Thence easterly along the centre line of the allowance for road be-
tween concessions IV and V to the easterly boundary of the Township of
McConkey;
119
I
Thence continuing easterly along the centre line of the allowance for
road between concessions IV and V, in the Township of Hardy, to the
easterly boundary of the Township of Hardy;
Thence northerly along the easterly boundary of the Township of
Hardy to the centre line of the allowance for road between concessions VI
and VII in the Township of Patterson;
Thence easterly along the centre line of the allowance for road between
concessions VI and VII, in the Township of Patterson, to the northwesterly
corner of the Township of Gurd;
Thence easterly along the northerly boundary of the Township of
Gurd to the northeasterly corner thereof;
Thence northerly along the easterly boundary of the Township of
Patterson and its production northerly to the intersection with the boun-
dary between the districts of Nipissing and Parry Sound;
Thence northwesterly in a straight line to the intersection of the
production easterly of the northerly boundary of the Township of Loudon,
in the District of Nipissing, with the production northerly of the line be-
tween lots 4 and 5, Concession V, in the Township of Bertram;
Thence westerly along the said production of the northerly boundary
of the Township of Loudon and continuing westerly along the northerly
boundary of the Township of Loudon, in the District of Nipissing, and the
northerly boundaries of the townships of Haddo and Cherriman, in the
District of Sudbury, to the northwesterly corner of the last-mentioned
township;
Thence northerly along the easterly boundaries of the townships of
Hendrie and Hawley to the northeasterly corner of the last-mentioned
township ;
Thence westerly along the northerly boundary of the Township of
Hawley to the northwesterly corner thereof;
Thence southerly along the westerly boundaries of the townships of
Hawley and Hendrie to the southwesterly corner of the last-mentioned
township;
Thence westerly along the northerly boundary of the Township of
Servos to the northwesterly corner of Lot 6, Concession VI, in the said
Township of Servos;
Thence southerly along the westerly boundary of Lot 6, concessions
VI, V, IV and III, to the southwesterly corner of Lot 6, Concession III,
in the said Township of Servos;
Thence westerly along the northerly boundaries of lots 7, 8, 9, 10, 11
and 12, Concession II, in the Township of Servos, to the easterly boundary
of the Township of Laura;
Thence southerly along the easterly boundary of the Township of
Laura to the southeasterly corner thereof;
Thence westerly along the southerly boundary of the Township of
Laura to the southeasterly corner of the Township of Halifax;
Thence northerly along the easterly boundaries of the townships of
Halifax and Tilton to the northeasterly corner of the last-mentioned
township;
Thence westerly along the northerly boundaries of the townships of
Tilton and Eden to the easterly boundary of Whitefish Lake Indian
Reserve Number 6;
Thence northerly, westerly, southwesterly, southerly and south-
easterly following the easterly, northerly and westerly boundaries of the
said Indian Reserve to the northerly boundary of the Township of Dieppe;
119
Thence westerly along the northerly boundaries of the townships of
Dieppe and Truman to the northwesterly corner of the last-mentioned
township;
Thence southerly along the westerly boundary of the Township of
Truman to the high water mark on the northerly shore of West Bay of
Lake Panache;
Thence in a general westerly and southwesterly direction following
the high water mark on the northerly and westerly shores of West Bay to
the line between concessions III and IV in the Township of Foster;
Thence westerly along the line between concessions III and IV to the
westerly boundary of the Township of Foster;
Thence southerly along the westerly boundary of the Township of
Foster to the southwesterly corner thereof;
Thence westerly along the northerly boundaries of the townships of
Mongowin and McKinnon to the northwesterly corner of the last-mentioned
township;
Thence southerly along the westerly boundary of the Township of
McKinnon to the high water mark on the northerly shore of the North
Channel of Lake Huron;
Thence in a general westerly direction following the said high water
mark to the most westerly extremity of Serpent River Indian Reserve
Number 7 in the District of Algoma;
Thence southerly in a straight line to the high water mark on the
most westerly extremity of Sylvain Island;
Thence south astronomically to the boundary between the districts
of Algoma and Manitoulin;
Thence easterly along the last-mentioned boundary to a point in
longitude 82 degrees 30 minutes west;
Thence southeasterly in a straight line to the high water mark on
the most northerly extremity of Maple Point, in the Township of Allan,
in the District of ManitouHn;
Thence easterly in a straight line to the high water mark on the
most northwesterly extremity of Freer Point in the Township of Howland;
Thence in a general northeasterly, easterly and southerly direction
following the high water mark of the North Channel of Lake Huron and
Georgian Bay to the southerly boundary of the Township of Howland;
Thence easterly in a straight line to the high water mark on the most
northerly extremity of Bold Point on Manitoulin Island Indian Reserve
Number 26;
Thence east astronomically to the intersection with a line drawn
south astronomically from the southwesterly corner of the Township of
Travers in the District of Sudbury;
Thence southeasterly in a straight line to the high water mark on the
most northerly extremity of North Limestone Island situate in Georgian
Bay, in front of the Township of Shawanaga, in the District of Parry
Sound;
Thence easterly in a straight line to the high water mark on the
most northerly extremity of Twin Island;
Thence easterly in a straight line to the point of commencement;
Excepting Thereout and Therefrom the Municipality of the
Township of Rutherford and George Island in the District of Manitoulin.
119
And Further Excepting Thereout and Therefrom the townships
of Bigwood, Cosby, Martland and Mason, in the District of Sudbury,
and parts of the townships of Delamere and Scollard, in the District of
Sudbury, and part of the Township of Falconer, in the District of Nipissing,
and which exception may be more particularly described as follows:
Commencing at the northeasterly corner of the Township of Delamere;
Thence westerly along the northerly boundary of the said township
to the northwesterly corner of Lot 10, Concession VI, in the said Township
of Delamere;
Thence southerly along the line between lots 10 and 11, concessions
VI, V, IV, III and II, to the southwesterly corner of Lot 10, Concession II,
in the said Township of Delamere;
Thence westerly along the line between concessions I and II to the
westerly boundary of the said Township of Delamere;
Thence southerly along the westerly boundary of the Township of
Delamere to the northerly boundary of the Township of Bigwood;
Thence westerly along the northerly boundary of the Township of
Bigwood to the northwesterly corner thereof;
Thence southerly along the westerly boundary of the Township of
Bigwood and its production southerly to the boundary between the
districts of Parry Sound and Sudbury;
Thence easterly following the boundary between the districts of
Parry Sound and Sudbury to the intersection with the production southerly
of the easterly boundary of the Township of Mason;
Thence northerly along that production and the easterly boundary
of the Township of Mason to the intersection with the high water mark
on the northerly shore of the North Channel of the French River;
Thence in a general easterly direction following the said high water
mark to the line between lots 10 and 11, Concession V, in the Township of
Scollard ;
Thence northerly along the line between lots 10 and 11, Concession V,
in the Township of Scollard, to the southerly boundary of the Township
of Falconer;
Thence easterly along the southerly boundary of the Township of
Falconer to the southeasterly corner of Lot 5, Concession I, in the Town-
ship of Falconer;
Thence northerly along the line between lots 4 and 5, concessions I,
II, III, IV, V and VI, to the northerly boundary of the Township of
Falconer;
Thence westerly along the northerly boundaries of the townships of
Falconer, Martland and Cosby to the point of commencement.
119
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BILL 120
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Child Welfare Act
Mr. Cecile
TORONTO
Printed and Published by Frank Fogg, Qceen's Printer
Explanatory Notes
Section 1. The amendments are for the purpose of clarification.
Section 2. The new section permits applications to a judge to be
made on non-judicial days or after normal court hours in cases justified
by the circumstances.
120
BILL 120 1962-63
An Act to amend The Child Welfare Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 15 of section 17 of The Child Welfare Act '^^^f^-^^lf^'
amended by striking out "in whose charge he is" in the twelfth subs.' i5,
... . . . amended
line and inserting in lieu thereof "standing in loco parentis to
the child" and by inserting after "the" where it occurs the
first time in the fifteenth line "continuous", so that the sub-
section shall read as follows:
(15) Where the child has been committed temporarih' to Re-opening
the care and custody of the children's aid society on temporary
an adjournment or after the judge has found the ''°""^**"'®''*
child to be a neglected child, the society may at
any time during the period of temporary commit-
ment bring the case again before a judge for further
consideration and action under this section, and, if
the temporary' commitment has not been earlier
terminated, the case shall, at the expiration of the
specified period, again be brought before a judge, and
the judge shall thereupon further inquire and deter-
mine whether the circumstances justify an order
returning the child to tiie parent or guardian or other
person standing in loco parentis to the child or a
further order under subsection 8 or an order or
further order under subsection 9, but in no case shall
an order be made at any time that results in the
continuous temporary commitment of the child for
a period of more than twent>-four months from the
date of the first order for the temporary commitment
of the child.
2. The Child Welfare Act is amended by adding thereto theR|^o. ineo,
following section : amended
176. Notwithstanding section 126 of The Judicature Act^^''^^^'^^^^^
and with the leave of the judge hearing an application hoUday
under this Part, any step ma\' be taken in the R.s.o. i960,
o. 197
120
application, the hearing ma> be held and the order
may be made and performed at any time of any day,
including a holiday.
R.S.O. I960,
c. 53, e. 24,
amended
3. Section 24 of The Child Welfare Act is amended by
striking out "except that where the order is made against a
county the amount otherwise payable to the county under
this section shall be paid to each municipality forming part
of the county in the proportion that the equalized assessment
of the municipality bears to the total equalized assessment
of the connty" in the fifth, sixth, seventh, eighth, ninth and
tenth lines, so that the section shall read as follows:
Provincial
aid to
munici-
palities
24. Where a judge orders a municipality to pay the rate
under this Part, there shall be paid to the munici-
pality out of the moneys appropriated therefor by
the Legislature an amount equal to 40 per cent of
the amount of the net expenditures of the munici-
pality under the order.
R.S.O. I960,
c. 53. 6. 31,
8ubs. 1,
amended
4. — (1) Subsection 1 of section 31 of The Child Welfare Act
is amended by striking out "unless it is shown that an agree-
ment has been entered into in writing, signed by his parents,
that he be brought up in the same religious faith as his
mother" in the second, third and fourth lines, so that the
subsection shall read as follows:
Presumption
as to
religious
faith
(1) A child shall be deemed to have the same religious
faith as his father.
R.S.O. I960, (2) Subsection 2 of the said section 31 is repealed and the
C. Oo, S. ol, ^ ' , , ' ■
subs. 2, following substituted therefor:
re-enacted "^
Child born
out of
wedlock
(2) A child who is born out of wedlock shall be deemed
to have the same religious faith as his mother.
c!^'53?8.^3i!^' (3) Subsection 5 of tiie said section 31 is repealed and the
re-enacted following substituted therefor:
Judge's order
finding
religious
faith
(5) Notwithstanding anything in tliis section, a judge
may make an order finding the religious faith that a
child is deemed to have under this section to be any
religious faith that is in the best interests of the
child.
R.S.O. 1960,
0. 53, 8. 36,
BUbs. 5,
amended
5. Subsection 5 of section 36 of The Child Welfare Act is
amended by striking out "$5" in the third line and inserting
in lieu thereof "not more than $25" and by striking out "$10"
in the fourth line and inserting in lieu thereof "not more than
$100", so that the subsection shall read as follows:
120
Section 3. The amendment enables provincial aid in respect of a
county liability to be paid directly to the county.
SiXTioN 4 — Subsection 1. The provision permitting the fixing, by
agreement, of the religious faith that a child is deemed to have for the pur-
pose of custody is deleted.
Subsection 2. The amendment standardizes the terminology with
that used elsewhere in the Act.
Subsection 3. The provision under which a judge may change the
statutory presumption of religious faith of a child for the purpose of
custody is clarified, and the best interest of the child is the governing
factor.
Skction 5. The i)enalty for permitting a child to contravene the
provisions against children plying street trades or loitering in public
places at night is increased from $5 for the first offence and $10 for sub-
sequent offences to not more than $25 for the first offence and not more
than $100 for subsequent offences.
120
Sections 6 and 7. The procedure for applications for affiliation
orders is adopted for applications to enforce an agreement for maintenance
of a child born out of wedlock.
120
f VI t
(5) A parent who permits his boy or girl to contravene *-^^®'^'^*
any provision of this section is guilty of an offence
and on summary conviction before a judge is liable to
a fine of not more than $25 and, for any subsequent
offence, to a fine of not more than $100.
6. Subsection 1 of section 50 of The Child Welfare Act isRs.o. i960.
. c. 53 s. 50
amended by inserting after "order" in the first line "or ansiibs.'i,'
order to enforce an agreement", so that the subsection shall
read as follows:
(1) Where an application for an afiiliation order or an f^^^^earinl"*
order to enforce an agreement is made to a judge, notice
the judge shall appoint in writing a time and place
at which the application will be heard, and notice in
writing thereof shall be served personally or in such
other manner as the judge directs upon the putative
father at least seven days before the day so appointed.
7. Section 51 of The Child Welfare Act is amended by ^fs, s.^51?'
striking out "under section 50" in the second line and inserting ^'"^'^^^^
in lieu thereof "for an affiliation order or an order to enforce
an agreement" and by striking out "affiliation" in the sixtli
line, so that the section shall read as follows:
51. Where the putative father who has been served with putatfve
notice of the application for an affiliation order or an father fails '
1 c r -I 1 *o appear
order to enforce an agreement tails to appear at the ^|
hearing or to show sufficient reason for not appearing, L
the judge in the absence of the putative father and ^
upon sufficient evidence being adduced before him
may make an order against the putative father ^
under section 52 or he may make such other order ll
as he considers just. *
8. Tliis Act comes into force on the da}' it receives Royal ^°™^'"®"*^*"
Assent.
9. This Act may be cited as The Child Welfare Amendment ^^^^^ *»*!«
Act, 1962-63.
120
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BILL 120
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Child Welfare Act
Mr. Cecile
{Reprinted as amended by the Committee of the Whole House)
TORONTO
Printed and Published by Frank Fogg, Oueen's Printer
Explanatory Notes
Section 1. The amendments are for the purpose of clarification.
Section 2. The new section permits applications to a judge to be
made on non-judicial days or after normal court hours in cases justified
by the circumstances.
120
BILL 120 1962-63
An Act to amend The Child Welfare Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 15 of section 17 of The Child Welfare Act isR-S.o. i960.
c 53 8 IT
amended by striking out "in whose charge he is" in the twelfth siibs.' i5.
line and inserting in lieu thereof "standing in loco parentis to
the child" and by inserting after "the" where it occurs the
first time in the fifteenth line "continuous", so that the sub-
section shall read as follows:
(15) Where the child has been committed temporarily to Re-opening
the care and custody of the children's aid society on temporary
an adjournment or after the judge has found the''""'"''*"'®''*
child to be a neglected child, the society may at
any time during the period of temporary commit-
ment bring the case again before a judge for further
consideration and action under this section, and, if
the temporary commitment has not been earlier
terminated, the case shall, at the expiration of the
specified period, again be brought before a judge, and
the judge shall thereupon further inquire and deter-
mine whether the circumstances justify an order
returning the child to the parent or guardian or other
person standing in loco parentis to the child or a
further order under subsection 8 or an order or
further order under subsection 9, but in no case shall
an order be made at any time that results in the
continuous temporary commitment of the child for
a period of more than twenty-four months from the
date of the first order for the temporary commitment
of the child.
2. The Child Welfare Act is amended by adding thereto theRS.o. loeo,
following section: ainended
176. Notwithstanding section 126 of The Judicature ActH^^^^^^l'^l
and with the leave of the judge hearing an application goji^a,y
under this Part, any step may be taken in the r.s.o. i960,
C. 197
120
I
i
i
application, the hearing may be held and the order
may be made and performed at any time of any day,
including a holiday.
f/h^k^lT!' 3.— (1) Section 24 of The Child Welfare Act is amended by
amended striking out "except that where the order is made against a
county the amount otherwise payable to the county under
this section shall be paid to each municipality forming part
of the county in the proportion that the equalized assessment
of the municipality bears to the total equalized assessment
of the county" in the fifth, sixth, seventh, eighth, ninth and
tenth lines, so that the section shall read as follows:
Provincial
aid to
munici-
palities
24. Where a judge orders a municipality to pay the rate
under this Part, there shall be paid to the munici-
pality out of the moneys appropriated therefor by
the Legislature an amount equal to 40 per cent of
the amount of the net expenditures of the munici-
pality under the order.
Interim
moneys
R.S.O. 1960,
c. 53
(2) The moneys required for the purposes of section 24 of
The Child Welfare Act, as amended by subsection 1, shall,
during the fiscal year 1963-64, be paid out of the Consolidated
Revenue Fund, and thereafter shall be paid out of such
moneys as are appropriated therefor by the Legislature.
R.S.O. I960,
c. 53, s. 36,
subs. 5,
amended
4. Subsection 5 of section 36 of The Child Welfare Act is
amended by striking out "$5" in the third line and inserting
in lieu thereof "not more than $25" and by striking out "$10"
in the fourth line and inserting in lieu thereof "not more than
$100", so that the subsection shall read as follows:
Offence (5) ^ parent who permits his boy or girl to contravene
any provision of this section is guilty of an offence
and on summary conviction before a judge is liable to
a fine of not more than $25 and, for any subsequent
offence, to a fine of not more than $100.
R.S.O. I960. 5. Subsection 1 of section 50 of The Child Welfare Act is
subs.'i,' ' amended by inserting after "order" in the first line "or an
amended order to enforce an agreement", so that the subsection shall
read as follows:
Appointment
for hearing;
notice
(1) Where an application for an affiliation order or an
order to enforce an agreement is made to a judge,
the judge shall appoint in writing a time and place
at which the application will be heard, and notice in
writing thereof shall be served personally or in such
other manner as the judge directs upon the putative
father at least seven days before the day so appointed.
120
Section 3. The amendment enables provincial aid in respect of a
county liability to be paid directly to the county.
Section 4. The penalty for permitting a child to contravene the
provisions against children plying street trades or loitering in public
places at night is increased from $5 for the first offence and $10 for sub-
sequent offences to not more than $25 for the first offence and not more
than $100 for subsequent offences.
Sections 5 and 6. The procedure for applications for affiliation
orders is adopted for applications to enforce an agreement for maintenance
of a child born out of wedlock.
120
6. Section 51 of The Child Welfare Act is amended by ^Ig^g^^^^-
striking out "under section 50" in the second line and inserting amended
in lieu thereof "for an affiliation order or an order to enforce
an agreement" and by striking out "affiliation" in the sixth
line, so that the section shall read as follows:
51. Where the putative father who has been served with where
notice of the application for an affiliation order or an father fails
order to enforce an agreement fails to appear at the ° ^pp®^""
hearing or to show sufficient reason for not appearing,
the judge in the absence of the putative father and
upon sufficient evidence being adduced before him
may make an order against the putative father
under section 52 or he may make such other order
as he considers just.
7. Clause a of subsection 1 of section 65 of The Child f'-f^-^'^^f^'
Welfare Act is repealed and the following substituted therefor: subs.' ici.' a,
(a) where the applicant is under twenty-one years of
age or, in the case of a joint application by a husband
or wife, where the husband is under twenty-one years
of age. '^C
8. This Act comes into force on the day it receives Royal ment'"*"*^^"
Assent.
9. This Act may be cited as The Child Welfare Amendment ^^°^^ ti'^e
Act, 1962-63.
120
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BILL 120
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Child Welfare Act
Mr. Cecile
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 120 1962-63
An Act to amend The Child Welfare Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 15 of section 17 of The Child Welfare Act isR|^o^i960.
amended by striking out "in whose charge he is" in the twelfth siibs." 15,
line and inserting in lieu thereof "standing in loco parentis to
the child" and by inserting after "the" where it occurs the
first time in the fifteenth line "continuous", so that the sub-
section shall read as follows:
(15) Where the child has been committed temporarily to Re-opening
the care and custody of the children's aid society on temporary
an adjournment or after the judge has found the °°"'"'""'®"'
child to be a neglected child, the society may at
any time during the period of temporary commit-
ment bring the case again before a judge for further
consideration and action under this section, and, if
the temporary commitment has not been earlier
terminated, the case shall, at the expiration of the
specified period, again be brought before a judge, and
the judge shall thereupon further inquire and deter-
mine whether the circumstances justify an order
returning the child to the parent or guardian or other
person standing in loco parentis to the child or a
further order under subsection 8 or an order or
further order under subsection 9, but in no case shall
an order be made at any time that results in the
continuous temporary commitment of the child for
a period of more than twenty-four months from the
date of the first order for the temporary commitment
of the child.
2. The Child Welfare Act is amended by adding thereto theR-S.o. i960.
following section: amended
176. Notwithstanding section 126 of The Judicature Actl^°^^^%''^^
and with the leave of the judge hearing an application ^^^^^y
under this Part, any step may be taken in the r.s.o. i960,
o. 197
120
application, the hearing may be held and the order
may be made and performed at any time of any day,
including a holiday.
^•fgOgilfO' 3.— (1) Section 24 of The Child Welfare Act is amended by
amended striking out "except that where the order is made against a
county the amount otherwise payable to the county under
this section shall be paid to each municipality forming part
of the county in the proportion that the equalized assessment
of the municipality bears to the total equalized assessment
of the county" in the fifth, sixth, seventh, eighth, ninth and
tenth lines, so that the section shall read as follows:
Provincial
aid to
munici-
palities
24. Where a judge orders a municipality to pay the rate
under this Part, there shall be paid to the munici-
pality out of the moneys appropriated therefor by
the Legislature an amount equal to 40 per cent of
the amount of the net expenditures of the munici-
pality under the order.
Interim
moneys
R.S.O. 1960,
c. 53
(2) The moneys required for the purposes of section 24 of
The Child Welfare Act, as amended by subsection 1, shall,
during the fiscal year 1963-64, be paid out of the Consolidated
Revenue Fund, and thereafter shall be paid out of such
moneys as are appropriated therefor by the Legislature.
R.S.O. I960,
c. 53, 8. 36,
subs. 5,
amended
4. Subsection 5 of section 36 of The Child Welfare Act is
amended by striking out "$5" in the third line and inserting
in lieu thereof "not more than $25" and by striking out "$10"
in the fourth line and inserting in lieu thereof "not more than
$100", so that the subsection shall read as follows:
Offence (5) A parent who permits his boy or girl to contravene
any provision of this section is guilty of an offence
and on summary conviction before a judge is liable to
a fine of not more than $25 and, for any subsequent
offence, to a fine of not more than $100.
R.S.O. I960. 5. Subsection 1 of section 50 of The Child Welfare Act is
subl.'i;^^' amended by inserting after "order" in the first line "or an
amended order to enforce an agreement", so that the subsection shall
read as follows:
Appointment
for hearing;
notice
(1) Where an application for an affiliation order or an
order to enforce an agreement is made to a judge,
the judge shall appoint in writing a time and place
at which the application will be heard, and notice in
writing thereof shall be served personally or in such
other manner as the judge directs upon the putative
father at least seven days before the day so appointed.
120
6. Section 51 of The Child Welfare Act is amended by ^-Ig^gil^O'
striking out "under section 50" in the second line and inserting amended
in lieu thereof "for an affiliation order or an order to enforce
an agreement" and by striking out "affiliation" in the sixth
line, so that the section shall read as follows:
51. Where the putative father who has been served with where
notice of the application for an affiliation order or an father fails
order to enforce an agreement fails to appear at the *° ^pp®^'"
hearing or to show sufficient reason for not appearing,
the judge in the absence of the putative father and
upon sufficient evidence being adduced before him
may make an order against the putative father
under section 52 or he may make such other order
as he considers just.
7. Clause a of subsection 1 of section 65 of The Child^-^P-^tt^^
C. 53, 8. 65,
Welfare Act is repealed and the following substituted therefor: subs, i, ci. a,
•> ^ o re-enacted
{a) where the applicant is under twenty-one years of
age or, in the case of a joint application by a husband
or wife, where the husband is under twenty-one years
of age.
8. This Act comes into force on the day it receives Royal ment"^*"^*
Assent.
9. This Act may be cited as The Child Welfare Amendment ^'^'^^^ titi®
Act, 1962-63.
120
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BILL 121
4x11 Session, 26tii Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Minimum Wage Act
Mr. Rovvntree
TORONTO
Printf.d and Publishkd by Frank Fogg, Quken's Printer
Explanatory Notes
Section 1. This amendment is designed to make it clear that the
expression "wages" as defined in the Act does not inchide tips.
Section 2 — Subsection 1. The new clause da will enable the Industry
and Labour Board to establish minimum wage rates on an hourly basis.
These rates are now on a weekly basis.
Subsection 2. The intent is clarified.
Section 3. The words deleted are obsolete.
Section 4. This new section, which is similar to section 7 of The
Hours of Work and Vacations with Pay Act, authorizes the Industry and
Labour Board to inquire into schemes that appear to be designed to defeat
the purposes of the Act and to make remedial orders with respect thereto.
121
BILL 121 1962-63
An Act to amend The Minimum Wage Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Clause d of section 1 of The Minimum Wage Act is^f40,' s.^i?'
amended by adding at the end thereof "but does not include ^'^^1;^^,^^^
'tips' and other gratuities", so the clause shall read as follows:
{(1) "wage" or "wages" includes every form of remunera-
tion for labour performed, but does not include
"tips" and other gratuities.
2. — (1) Section 3 of The Minimum Wage Act is amended R|^O-|960,
by adding thereto the following clause: amended
{da) establish minimum hourly rates of wages for regular ^^'J^j!,^^gg
working periods.
(2) Clause e of the said section 3 is repealed and the follow- ^■^■^^- i^eo,
mg substituted therefor: ci. e,
re-enacted
{e) establish the regular working period and the maxi- ^^y^g"^""^
mum number of hours of labour that may be worked iat)our
regularly in any industry, business, trade, work or
undertaking, or the part or parts thereof to which
the order is applicable.
3. Section 5 of l^he Minimum Wage Act is amended by ^I^q- g^|^'
striking out "or any order made by the Minimum Wage ^'"®"<^®^
Board" in the fifth line.
4. The Minimum Wage Act is amended b>' adding thereto c. '240,"
the following section
amended
la. — (1) The Board may hold an inquiry- into the facts partnersmp?
respecting any persons engaged or working in orQ^^g^^Q*^°"'
about an undertaking as members or alleged members
of a partnership or association, or in the execution
121
of any agreement or scheme of profit-sharing or co-
operative or joint contract or undertaking, including
the investigation of the contractual and other rela-
tionships of the persons so engaged or working, as
between themselves or as between them and their
master or employer, and, if the Board is of opinion
that the partnership, association, agreement or
scheme is intended to defeat, or has the effect, either
directly or indirectly, of defeating, the true intent and
object of this Act, the Board may make such order
as it deems proper declaring any of such persons or
any class or group thereof to be employers and any
of such persons or any class or group thereof to be
employees for the purposes of this Act.
Powers of
chairman on
inquiry
R.S.O. 1960,
o. 323
(2) For the purposes of any such inc|uiry, the chairman
of the Board has all the powers that may be con-
ferred upon a commissioner under The Public In-
quiries Act.
^•?;9- -^^^R- 5« Section 10 of 1 he Minirmim Waf>e Act is repealed and
C. 240, 8. 10, . . , , r
re-enacted the tollowing substituted therelor:
Work
records
10. — (1) Every employer shall make and keep for a period
of at least twelve months after the work was per-
formed a record of the name, address, age if under
eighteen, wage rate, hours worked and the actual
earnings of each of his employees, and such records
shall be available at all reasonable times for examina-
tion by any member of the Board or any inspector
of the Department of Labour.
Information
and
returns
(2) Every employer shall furnish such information and
make such returns from time to time as the Board
may require.
Offence
(3) Every employer who fails to coniph' with any pro-
vision of subsection 1 or who fails to comply with
any requirement of the Board under subsection 2
is guilty of an offence.
c!"24o' 8.^12', ^* Section 12 of The Minimum Wage Act is amended by
amended adding thereto the following subsection :
Filing of
order
(2) An order to pay arrears of wages under subsection 1
may be filed by the Board in a division court where,
121
Section 5. As re-enacted, section 10 of the Act requires: (1) an
employer "to make" as well as "to keep" work records; and (2) to keep
such records for at least twelve months. Otherwise the section is un-
changed in principle.
Section 6. This new subsection is designed to make an arrears-of-
wages order enforceable. A similar provision was added to The Hours of
Work and Vacations with Pay Act last year.
121
Section 7. The minimum fine is increased from $10 to $25.
Section 8. This section is new. It is designed to facihtate ad-
ministration. It is similar to an amendment made to The Hours of Work
and Vacations with Pay Act last year.
121
(a) the conviction upon which the order is based,
(i) is not appealed from within the time
prescribed therefor, or
(ii) is confirmed upon appeal; and
(b) the fee prescribed under The Division Courts J^-^o. iogo.
Act is paid to the clerk of the division court,
and such order thereupon is of the same force and
effect as a judgment in the division court.
7. Section 13 of The Minimum Wage Act is amended t>y ^•f49- ^^fS-
striking out "$10" in the fourth line and inserting in lieu amended
thereof "S25".
8. The Minimum Wage Act is amended bv adding thereto RS-O. i960,
I r .1 • • - o y 240,
the tollOWmg section : amended
13a. — (1) Where the Board is authorized to re(|uire af^?n\8h***
person to furnish information under this Act, the^"^**'''"**'^'^
Board may reciuire the information to be furnished
by a notice to that effect served personally or sent
by registered mail addressed to the last known
place of abode of the person for whom the notice is
intended, and such person shall furnish the informa-
tion within such reasonable time as is specified in
the notice.
(2) A certificate of a member of the Board certifying Proof of
that the notice was sent by registered mail to the of notice
person to whom it was addressed, accompanied by
and identifying the post office certificate of the regis-
tration and a true copy of the notice, is admissible
as prima facie proof of the mailing and receipt of the
notice.
(3) Where the Board is authorized to recjuire a person Proof of
to furnish information under this Act, a certificate comply
of a member of the Board certifying that the in-
formation has not been furnished is admissible as
prima facie proof that in such case the person did
not furnish the information.
(4) A certificate of a member of the Board certifving Proof of
^ , . ^ o documents
that a document annexed thereto is a document or a
true copy of a document made by or on behalf of
the Board is admissible as prima facie proof of the
nature and contents of the document and shall be
121
received in evidence in the place and stead of the
original and has the same force and effect as the
original document would have had if produced and
proved .
Proof of
auuthority
(5) A certificate under this section signed or purporting
to be signed by a member of the Board is admissible
as prima facie proof of the facts stated therein and
of the authority of the person giving or making the
certificate without an}- proof of appointment or
signature.
Commence-
ment
9. This Act comes into force on the day it receives Royal
Assent.
Short title 10. This Act may be cited as The Minimum Wage Amend-
ment Act, 1962-63.
121
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BILL 121
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Minimum Wage Act
Mr. Rowntree
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
iiJ full's
»' # ,, ^I'-f'
BILL 121 1962-63
An Act to amend The Minimum Wage Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Clause d of section 1 of The Minimum Wage Act is^'f4o;l.^i^'
amended by adding at the end thereof "but does not include ^^j^^^^^^^j
'tips' and other gratuities", so the clause shall read as follows:
(d) "wage" or "wages" includes every form of remunera-
tion for labour performed, but does not include
"tips" and other gratuities.
2. — (1) Section 3 of The Minimum Wage Act is amended R|-0- 19|0,
by adding thereto the following clause: amended
{da) establish minimum hourly rates of wages for regular ^'j^j^^g^
working periods.
(2) Clause e of the said section 3 is repealed and the follow- ^fiQ- ^^o^*
ing substituted therefor: ci. «, ' ' '
re-enacted
{e) establish the regular working period and the maxi- ^^^^'^'^™
mum number of hours of labour that may be worked labour
regularly in any industry, business, trade, work or
undertaking, or the part or parts thereof to which
the order is applicable.
3. Section 5 of The Minimum Wage Act is amended by ^•|4^- ^^|"'
striking out "or any order made by the Minimum Wage^"^®"^®«i
Board" in the fifth line.
4. The Minimum Wage Act is amended by adding thereto c. '240,"
the following section : amended
7a.— (1) The Board may hold an inquiry into the facts J,artner8hip°
respecting any persons engaged or working in or^^^°g°^|^°"'
about an undertaking as members or alleged members
of a partnership or association, or in the execution
121
of any agreement or scheme of profit-sharing or co-
operative or joint contract or undertaking, including
the investigation of the contractual and other rela-
tionships of the persons so engaged or working, as
between themselves or as between them and their
master or employer, and, if the Board is of opinion
that the partnership, association, agreement or
scheme is intended to defeat, or has the effect, either
directly or indirectly, of defeating, the true intent and
object of this Act, the Board may make such order
as it deems proper declaring any of such persons or
any class or group thereof to be employers and any
of such persons or any class or group thereof to be
employees for the purposes of this Act.
Powers of
chairman on
inquiry
R.S.O. 1960,
c. 323
(2) For the purposes of any such inquiry, the chairman
of the Board has all the powers that may be con-
ferred upon a commissioner under The Public In-
quiries Act.
R.S.O. I960, 5, Section 10 of The Minimum Wage Act is repealed and
re-enacted ' the following substituted therefor:
Work
records
10. — (1) Every employer shall make and keep for a period
of at least twelve months after the work was per-
formed a record of the name, address, age if under
eighteen, wage rate, hours worked and the actual
earnings of each of his employees, and such records
shall be available at all reasonable times for examina-
tion by any member of the Board or any inspector
of the Department of Labour.
Information
and
returns
(2) Every employer shall furnish such information and
make such returns from time to time as the Board
may require.
Offence
(3) Every employer who fails to comply with any pro-
vision of subsection 1 or who fails to comply with
any requirement of the Board under subsection 2
is guilty of an offence.
^•1^0.1960. Q^ Section 12 of The Minimum Wage Act is amended by
amended ' adding thereto the following subsection :
Filing of
order
(2) An order to pay arrears of wages under subsection 1
may be filed by the Board in a division court where,
121
(a) the conviction upon which the order is based,
(i) is not appealed from within the time
prescribed therefor, or
(ii) is confirmed upon appeal; and
(b) the fee prescribed under The Division Courts ^f:^- 1^^^-
Act is paid to the clerk of the division court,
and such order thereupon is of the same force and
efTect as a judgment in the division court.
7. Section 13 of The Minimum Wage Act is amended by Rs.o. i960.
..... c. 240 s 13
Striking out "$10" in the fourth line and inserting in lieu amended
thereof "$25".
8. The Minimum Wage Act is amended by adding thereto R-S.o. i960,
the following section: amended
13a.— (1) Where the Board is authorized to require af^?n\sh*°
person to furnish information under this Act, the ^'^*^°^"^^**°"
Board may require the information to be furnished
by a notice to that effect served personally or sent
by registered mail addressed to the last known
place of abode of the person for whom the notice is
intended, and such person shall furnish the informa-
tion within such reasonable time as is specified in
the notice.
iZ) A certificate of a member of the Board certifying Proof of
that the notice was sent by registered mail to theo^'^nottce
person to whom it was addressed, accompanied by
and identifying the post office certificate of the regis-
tration and a true copy of the notice, is admissible
as prima facie proof of the mailing and receipt of the
notice.
(3) Where the Board is authorized to require a person Proof of
to furnish information under this Act, a certificate comply °
of a member of the Board certifying that the in-
formation has not been furnished is admissible as
prima facie proof that in such case the person did
not furnish the information.
(4) A certificate of a member of the Board certifying Proof of
that a document annexed thereto is a document or a
true copy of a document made by or on behalf of
the Board is admissible as prima facie proof of the
nature and contents of the document and shall be
121
received in evidence in the place and stead of the
original and has the same force and effect as the
original document would have had if produced and
proved.
Proof^of (5) A certificate under this section signed or purporting
to be signed by a member of the Board is admissible
as prima facie proof of the facts stated therein and
of the authority of the person giving or making the
certificate without any proof of appointment or
signature.
Commence- 9. This Act comes into force on the day it receives Royal
ment .
Assent.
Short title iQ. This Act may be cited as The Minimum Wage Amend-
ment Act, 1962-63.
121
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BILL 122
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend
The Hours of Work and Vacations with Pay Act
Mr. Davison
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
iu Jim
bamtiB o3 IdA nA
iJ' Explanatory Note ..**
The Bill reduces the maximum working week from forty-eight hours
to forty hours, and ensures that the reduction in hours does not affect the
wages now earned in a maximum working week. The Industry and
Labour Board is authorized to provide for a gradual transition.
KJ ^' t
^22 nY.inH e'viaajO .ooo'I ^^/aa'^ ys c-iH6ija
BILL 122 1962-63
An Act to amend
The Hours of Work and Vacations with Pay Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 1 of section 2 of The Hours of Work aw^/c.'isi.'s. 2, '
Vacations with Pay Act is amended by striking out "forty- |^|nded
eight" in the third line and inserting in lieu thereof "forty",
so that the subsection shall read as follows:
(1) Subject to this Act, the working hours of an em- ^f^^J,*,fr*i''^
ployee in an industrial undertaking shall not exceed o*" ^o''*^
eight in the day and forty in the week.
2. — (1) In this Act, "regular weekly working hours" means ^^^j^'"^''®" j|
the hours regularly worked in a week by employees without -^
payment of an overtime rate of pay. L
(2) Where, immediately before this Act comes into force, ^^ages^not n"
the regular weekly working hours of an employee in an affected
industrial undertaking are more than forty and the employee
is paid at a rate other than an hourly or daily rate or at a rate
for piece work, the employer shall not reduce the employee's
rate of wages for the reason that the hours are reduced.
(3) Where, immediately before this Act comes into force, of wages *
the regular weekly working hours of an employee in an °°"^®''*®'^
industrial undertaking are more than forty and the employee
is paid at an hourly or daily rate or at a rate for piece work, the
employer shall increase the rate by the same proportion as
the number of regular weekly working hours bears to forty.
3. Where the regular weekly working hours in an industrial ^rovide^t^
undertaking or branch thereof are more than forty and the *'"^"^^*'°'^
Board is satisfied that the coming into force of section 1 would
work undue hardship, the Board may, by order, authorize a
progressive reduction of the regular weekly working hours in
122
the industrial undertaking or branch thereof upon such
terms and conditions as the Board deems advisable, but sub-
R.s.o. I960, section 1 of section 2 of The Hours of Work and Vacations with
c. 181 . -'
Pay Act, as amended by section 1, shall be fully complied
with not later than the 1st day of July, 1964.
Commence-
ment
4. This Act comes into force on the 1st day of July, 1963.
Short title 5^ This Act may be cited as The Hours of Work and Vaca-
tions with Pay Amendment Act, 1962-63.
;4iow ad'l , !'jA
■;)j J. \ -jMii J ;-
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BILL 123
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to authorize the Province of Ontario to Collect
and Exchange Statistical Information
Mr. Macaulay
TORONTO
Printed and Published bv Frank Fogg, Queen's Printer
f,£t urn
fIohfini7< ExPLANAitiRYNoTE' ' rSffoxSi bnfi
This Bill proposes a new Act designed to facilitate the acquisition
of statistical information for the purposes of the Government.
The Act is permissive; it does not interfere with any existing govern-
mental practices.
123 GTKO/SOl'
■■■ ,..':. -.'1 ^'v-.r* if) ;).i/! AVfit'l v« •.}jmtJi
BILL 123 1962-63
An Act to authorize the Province of Ontario to
Collect and Exchange Statistical Information
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, l-S'^-
(a) "person", in addition to its meaning in The Interpre- R.s.o. i960,
tation Act, includes a municipality as defined in The
Department of Municipal Affairs Act;
(b) "statistical information" means information relative
to the economic, financial, industrial, commercial,
social and general activities and condition of persons,
whether such information is collected by means of
sampling or any other statistical method.
2. — (1) Subject to subsections 3 and 4, the Lieutenant statistical
^ . _: ., 1 • 1 • • <■ procedures
Governor m Council may authorize the minister of any de- authorized
partment of government,
(a) to enter into an agreement with the Government
of Canada or the government of any province in
Canada or any agency of any such government to
provide for an exchange or joint collection of
statistical information ;
(b) to collect, compile, analyse and publish statistical
information ;
(c) to collect statistical information jointly with the
minister of any other department of government.
(2) Ever>' authorization given under clause 6 or c of sub- Question-
section 1 shall have attached thereto a questionnaire setting
out the questions that are proposed to be asked, the persons
or class of persons to whom the questionnaire is directed and
the time within such persons will be required to answer the
questions and return the questionnaire.
123
Agreements (3) Every agreement and every authorization proposed
under this section shall be in writing and filed with the
Minister of Economics and Development at least one month
before submission to the Lieutenant Governor in Council.
Report (4) The Minister of Economics and Development shall
submit a report to the Lieutenant Governor in Council on every
agreement and every authorization proposed under this
section.
Questions
to be
answered
Oath of
office and
secrecy
3. The questions in any questionnaire authorized under
this Act shall be accurately and truthfully answered by each
person to whom the questionnaire is directed and shall be
returned to the minister who issued it.
T-f
4. — (1) No person shall collect, compile, analyse or publish
statistical information under this Act until he takes and
subscribes before his minister, his deputy minister, or a person
designated in writing by either of them, an oath of office and
secrecy in the following form :
I, , do swear that I will faith-
fully discharge my duties under The Statistics Act, 1962-63 and,
except as I may be legally required, I will not disclose or give
to any person any information or document that comes to my
knowledge or possession by reason of my duties under The
Statistics Act, 1962-63. So help me God.
No un-
authorized
disclosure
(2) Subject to section 6, no public servant having knowledge
of the answers to questions asked in a questionnaire under
this Act shall disclose or give to any person any information
or document with respect to such answers without the written
permission of his minister, and, except where statistical
information is collected jointly under this Act, such permission
shall be limited to the disclosing or giving of information
or documents to public servants in the minister's department
or in prosecutions instituted for offences against this Act.
No personal
liability
No dis-
crimination
(3) No person who collects, compiles, analyses or publishes
statistical information under this Act is personally liable for
anything done by him und^r, the authority of this Act.
5. — (1) No person, when acting under the authority of
this Act, shall discriminate between persons to the prejudice
of any person. nriBq-jt) iwij -imifn
Sampling
permitted
(2) Nothing in this section prohibits the collection of
statistical information by means of sampling.
Release of
information
6. — (1) Statistical information acquired under this Act
shall not be released in such form as will disclose any answer
given in any questionnaire unless the person who gave the
123
3
answer has consented in writing to the release of such in- '
formation, specifying the form in which such information
may be released and the person or class of persons to whom
it may be released.
(2) Subsection 1 does not apply to an index or list, whether excepted ^*°'
released separately or in a report, summary of statistics or
other publication under this Act, of answers to the questions
in a questionnaire revealing only,
(a) the names and locations of individual firms or
businesses; or
i.S'^'.ri 0
(b) the types of products commercially produced, manu-
factured or dealt with by individual firms or busi-
nesses,
but no such list or index shall otherwise disclose any of the
answers given to the questions in a questionnaire.
7. Any person who, PaKto
; i-ii*'-»nii give
answers ;
(a) being required under the authority of this Act to^n^f^ers
answer any question in a questionnaire and to
return it to the minister who issued it, fails to
answer any such question or to return the question-
naire within the time prescribed; or
(b) wilfully gives a false answer to any such question,
is, for every day of such failure or for every false answer,
guilty of an oflfence and on summary conviction is liable to a
fine of not more than $100 or to imprisonment for a term of
not more than three months, or to both fine and imprisonment.
8. Any person who, ?b?a?nfng.
unauthorized
information;
(a) in the pretended performance of his duties under ^5^^^^*^^°/^=^®^
this Act, obtains or seeks to obtain information
that he is not duly authorized to obtain ; or
(b) discloses or gives any information or document to
any person in contravention of subsection 2 of sec-
tion 4,
is guilty of an offence and on summary conviction is liable to
a fine of not more than $300 or to imprisonment for a term of
not more than six months, or to both fine and imprisonment.
123
Offences :
affecting
market
value;
speculating
9. Any person who,
(a) discloses or gives any information or document
respecting an answer to a question in a questionnaire
authorized under this Act to any person with the
intent that the market value of a product is thereby
affected; or
(b) uses an answer in any such questionnaire for the
purpose of speculating in a product,
is guilty of an offence and on summary conviction is liable to a
fine of not more than $5,000 or to imprisonment for a term
of not more than five years, or to both fine and imprisonment.
Regulations jq^ Yhe Lieutenant Governor in Council may make regu-
lations,
(a) prescribing the manner in which information shall
be collected, compiled, analysed or published under
this Act;
(b) prescribing forms and providing for their use;
(c) respecting any matter necessary or advisable to carry
out effectively the intent and purpose of this Act.
ment^^"^*^^ 11. This Act comes into force on the day it receives Royal
Assent.
Short title
12. This Act may be cited as The Statistics Act, 1962-63.
\
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BILL 123
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to authorize the Province of Ontario to Collect
and Exchange Statistical Information
Mr. Macaulay
{Reprinted for consideration by the Committee of the Whole House)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
This Bill proposes a new Act designed to facilitate the acquisition
of statistical information for the purposes of the Government.
The Act is permissive; it does not interfere with any existing govern-
mental practices.
123
BILL 123 1962-63
An Act to authorize the Province of Ontario to
Collect and Exchange Statistical Information
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, Interpre-
' tation
(a) "person", in addition to its meaning in The Interpre-n.s.o. i960,
tation Act, includes a municipality as defined in The'^°'
Department of Municipal Affairs Act;
(b) "statistical information" means information relative
to the economic, financial, industrial, commercial,
social and general activities and condition of persons,
whether such information is collected by means of
sampling or any other statistical method.
2. — (1) Subject to subsections 3 and 4, the Lieutenant statistical
G. ^ ., 1-1 • • r t procedures
overnor m Council may authorize the minister of any de- authorized
partment of government,
(a) to enter into an agreement with the Government
of Canada or the government of any province in
Canada or any agency of any such government to
provide for an exchange or joint collection of
statistical information ;
(b) to collect, compile, analyse and publish statistical
information ;
(c) to collect statistical information jointly with the
minister of any other department of government.
(2) Every authorization given under clause 6 or c of sub- Question-
section 1 shall have attached thereto a questionnaire setting "*^'^®"
out the questions that are proposed to be asked, the persons
or class of persons to whom the questionnaire is directed and
the time within such persons will be required to answer the
questions and return the questionnaire.
123
a
Agreements (3) Every agreement and every authorization proposed
under this section shall be in writing and filed with the
Minister of Economics and Development before submission
to the Lieutenant Governor in Council.
Report (4) The Minister of Economics and Development shall
submit a report to the Lieutenant Governor in Council on every
agreement and every authorization proposed under this
section.
Questions 3, Xhe questions in any questionnaire authorized under
answered this Act shall be accurately and truthfully answered by each
person to whom the questionnaire is directed and shall be
returned to the minister who issued it.
Oath of
office and
secrecy
4. — (1) No person shall collect, compile, analyse or publish
statistical information under this Act until he takes and
subscribes before his minister, his deputy minister, or a person
designated in writing by either of them, an oath of office and
secrecy in the following form:
I, , do swear that I will faith-
fully discharge my duties under The Statistics Act, 1962-63 and,
except as I may be legally required, I will not disclose or give
to any person any information or document that comes to my
knowledge or possession by reason of my duties under The
Statistics Act, 1962-63. So help me God.
No un-
authorized
disclosure
(2) Subject to section 6, no public servant having knowledge
of the answers to questions asked in a questionnaire under
this Act shall disclose or give to any person any information
or document with respect to such answers without the written
permission of his minister, and, except where statistical
information is collected jointly under this Act, such permission
shall be limited to the disclosing or giving of information
or documents to public servants in the minister's department
or in prosecutions instituted for oflFences against this Act.
Answers to (3) Notwithstanding anything in this Act, no minister or
dentiai public Servant shall, in any way, use the answers to questions
asked in a questionnaire authorized under this Act for any
purpose other than the purposes of this Act. "^8
Uabm/y°'^^^ ^^^ ^° person who collects, compiles, analyses or publishes
statistical information under this Act is personally liable for
anything done by him under the authority of this Act.
No dis- 5, — (1) No person, when acting under the authority of
this Act, shall discriminate between persons to the prejudice
of any person.
Sampling
permitted
(2) Nothing in this section prohibits the collection of
statistical information by means of sampling.
123
6. — (1) Where a person who has answered a question in a^isciosure
questionnaire consents in writing, a minister may give Per- !^°^j.^°j.
mission to a public servant in his department who has department
knowledge of the answer to disclose or give the answer to
one or more public servants in another department. "^Pll
(2) Subsection 1 does not apply to an index or list, whether ^5^®^®!^ ®'°-
released separately or in a report, summary of statistics or
other publication under this Act, of answers to the questions
in a questionnaire revealing only,
(a) the names and locations of individual firms or
businesses; or
(b) the types of products commercially produced, manu-
factured or dealt with by individual firms or busi-
nesses,
but no such list or index shall otherwise disclose any of the
answers given to the questions in a questionnaire.
7. Any person who,
Offences:
failure to
give
answers ;
(a) being required under the authority of this Act to false
answer any question in a questionnaire and to
return it to the minister who issued it, fails to
answer, without lawful excuse, any such question or
to return the questionnaire within the time pre-
scribed; or
(6) wilfully gives a false answer to any such question,
is, for every day of such failure or for every false answer,
guilty of an ofTence and on summary conviction is liable to a
fine of not more than $100 or to imprisonment for a term of
not more than three months, or to both fine and imprisonment.
8. Any person who.
Offences:
obtaining
unauthorized
(a) in the pretended performance of his duties under upauthorizeti
this Act, obtains or seeks to obtain information
that he is not duly authorized to obtain ; or
(b) discloses or gives any information or document to
any person in contravention of subsection 2 of sec-
tion 4,
is guilty of an offence and on summary conviction is liable to
a fine of not more than $300 or to imprisonment for a term of
not more than six months, or to both fine and imprisonment.
123
?^®cuS' ^' ^"^ person who,
market
speculating (a) discloses or gives any information or document
respecting an answer to a question in a questionnaire
authorized under this Act to any person with the
intent that the market value of a product is thereby
affected; or
(b) uses an answer in any such questionnaire for the
purpose of speculating in a product,
is guilty of an offence and on summary conviction is liable to a
line of not more than $5,000 or to imprisonment for a term
of not more than five years, or to both fine and imprisonment.
Regulations jq^ jj^^ Lieutenant Governor in Council may make regu-
lations,
(a) prescribing the manner in which information shall
be collected, compiled, analysed or published under
this Act;
(b) prescribing forms and providing for their use;
(c) respecting any matter necessary or advisable to carry
out effectively the intent and purpose of this Act.
Commence- jj^ -pj^jg js^^^ comes into force on the day it receives Royal
Assent.
Short title
12. This Act may be cited as The Statistics Act, 1962-63.
123
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BILL 123
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to authorize the Province of Ontario to Collect
and Exchange Statistical Information
Mr. Macaulay
TORONTO
Printed and Published bv Frank Fogg, Queen's Printer
I
I
^N»'
>
4
A^'
BILL 123
1962-63
An Act to authorize the Province of Ontario to
Collect and Exchange Statistical Information
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act,
Interpre-
tation
(a) "person", in addition to its meaning in The Interpre-^-SO. i960.
tation Act, includes a municipality as defined in The
Department of Municipal Affairs Act;
(b) "statistical information" means information relative
to the economic, financial, industrial, commercial,
social and general activities and condition of persons,
whether such information is collected by means of
sampling or any other statistical method.
2.-
(1) Subject to subsections 3 and 4, the Lieutenant statistical
^ . ^ ., 1 • 1 • • r procedures
Governor m Council may authorize the minister of any de- authorized
partment of government,
(a) to enter into an agreement with the Government
of Canada or the government of any province in
Canada or any agency of any such government to
provide for an exchange or joint collection of
statistical information ;
(b) to collect, compile, analyse and publish statistical
information;
(c) to collect statistical information jointly with the
minister of any other department of government.
(2) Every authorization given under clause 6 or c of sub- ^H®|*ion-
section 1 shall have attached thereto a questionnaire setting
out the questions that are proposed to be asked, the persons
or class of persons to whom the questionnaire is directed and
the time within such persons will be required to answer the
questions and return the questionnaire.
123
Agreements (3) Every agreement and every authorization proposed
under this section shall be in writing and filed with the
Minister of Economics and Development before submission
to the Lieutenant Governor in Council.
Report (4) The Minister of Economics and Development shall
submit a report to the Lieutenant Governor in Council on every
agreement and every authorization proposed under this
section.
Questions
to be
answered
3. The questions in any questionnaire authorized under
this Act shall be accurately and truthfully answered by each
person to whom the questionnaire is directed and shall be
returned to the minister who issued it.
Oath of
office and
secrecy
4. — (1) No person shall collect, compile, analyse or publish
statistical information under this Act until he takes and
subscribes before his minister, his deputy minister, or a person
designated in writing by either of them, an oath of office and
secrecy in the following form:
I, , do swear that I will faith-
fully discharge my duties under The Statistics Act, 1962-63 and,
except as I may be legally required, I will not disclose or give
to any person any information or document that comes to my
knowledge or possession by reason of my duties under The
Statistics Act, 1962-63. So help me God.
No un-
authorized
disclosure
(2) Subject to section 6, no public servant having knowledge
of the answers to questions asked in a questionnaire under
this Act shall disclose or give to any person any information
or document with respect to such answers without the written
permission of his minister, and, except where statistical
information is collected jointly under this Act, such permission
shall be limited to the disclosing or giving of information
or documents to public servants in the minister's department
or in prosecutions instituted for offences against this Act.
be^^c^nfl- ^'^ ^^^ Notwithstanding anything in this Act, no minister or
dentiai public Servant shall, in any way, use the answers to questions
asked in a questionnaire authorized under this Act for any
purpose other than the purposes of this Act.
nabiniry°"*^ ^^^ ^^ person who collects, compiles, analyses or publishes
statistical information under this Act is personally liable for
anything done by him under the authority of this Act.
No dia-
crimination
Sampling
permitted
5. — (1) No person, when acting under the authority of
this Act, shall discriminate between persons to the prejudice
of any person.
(2) Nothing in this section prohibits the collection of
statistical information by means of sampling.
123
6. — (1) Where a person who has answered a question in a ^*j^^|.^^^^®^
questionnaire consents in writing, a minister may give per-tionto
mission to a public servant in his department who has department
knowledge of the answer to disclose or give the answer to
one or more public servants in another department.
(2) Subsection 1 does not apply to an index or list, whether |^^®^^|^®*^°-
released separately or in a report, summary of statistics or
other publication under this Act, of answers to the questions
in a questionnaire revealing only,
(a) the names and locations of individual firms or
businesses; or
(b) the types of products commercially produced, manu-
factured or dealt with by individual firms or busi-
nesses,
but no such list or index shall otherwise disclose any of the
answers given to the questions in a questionnaire.
7. Any person who, Suurfto
give
(a) being required under the authority of this Act to false
... . . , answers
answer any question in a questionnaire and to
return it to the minister who issued it, fails to
answer, without lawful excuse, any such question or
to return the questionnaire within the time pre-
scribed; or
(b) wilfully gives a false answer to any such question,
is, for every day of such failure or for every false answer,
guilty of an offence and on summary conviction is liable to a
fine of not more than $100 or to imprisonment for a term of
not more than three months, or to both fine and imprisonment.
8. Any person who, ?btXfng
unauthorized
,,., ,,.,. information;
(a; in the pretended performance of his duties under unauthorized
this Act, obtains or seeks to obtain information
that he is not duly authorized to obtain ; or
(b) discloses or gives any information or document to
any person in contravention of subsection 2 of sec-
tion 4,
is guilty of an offence and on summary conviction is liable to
a fine of not more than $300 or to imprisonment for a term of
not more than six months, or to both fine and imprisonment.
123
SS't^nl' ^' ^"y person who,
market
speculating (a) discloses or gives any information or document
respecting an answer to a question in a questionnaire
authorized under this Act to any person with the
intent that the market value of a product is thereby
affected; or
(b) uses an answer in any such questionnaire for the
purpose of speculating in a product,
is guilty of an ofTence and on summary conviction is liable to a
fine of not more than $5,000 or to imprisonment for a term
of not more than five years, or to both fine and imprisonment.
Regulations jq^ jj^^ Lieutenant Governor in Council may make regu-
lations,
(a) prescribing the manner in which information shall
be collected, compiled, analysed or published under
this Act;
(b) prescribing forms and providing for their use;
(c) respecting any matter necessary or advisable to carry
out effectively the intent and purpose of this Act.
ment"*°°^' H* This Act comes into force on the day it receives Royal
Assent.
12. This Act may be cited as The Statistics Act, 1962-63.
123
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BILL 124
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Assessment Act
Mr. Spooner
TORONTO
Pkinticd and Published by Frank Fogg, Queen's Printer
tlJ vLIUi
Explanatory Notes
Section 1. The amendment defines "corporation assessment" for
the purpose of indicating such assessment on the assessment roll.
Section 2. The amendment provides that the exemption from
taxation of educational seminaries does not apply to lands rented or leased
to seminaries by any person other than another such institution.
Section 3. Section 13 limits the amount of taxes imposed on a tele-
phone company to not more than 5 per cent of the gross receipts, .^ny
deficiency that may arise is chargeable to the general funds of the munici-
pality and is not chargeable back to the bodies for which council is required
to raise money, as is ordinarily the case under section 207. The amend-
ments to section 13 and to section 207 (see section 12 of this Bill) will
require any such deficiency to be charged back to such bodies.
124
BILL 124
1962-63
An Act to amend The Assessment Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 1 of The Assessment Act is amended bv adding RS.o. i960,
thereto the following clause: amended '
{aa) "corporation assessment" means the assessment of
land liable to taxation, of which a corporation is the
owner or tenant, and business assessment of a cor-
poration, but does not include the assessment of
land that is assessed to a person other than a cor-
poration as a tenant.
2. Paragraph 6 of section 4 of The Assessment Act
amended by addhig thereto the following clause:
• R.S.O. I960,
**e. 23, p. 4,
par. 6.
amended
(a) The exemption from taxation under this Piii'^ig^iiph exemption
does not apply to lands rented or leased to a seminary not to
of learning mentioned in this paragraph by any
person other than another such seminary of learning
or a person already exempt from taxation in respect
of the property rented or leased.
3. Section 13 of The Assessment Act is amended by striking i^S-O^ i960,
out "and the effect of such limitation is the responsibility of amended
the municipality and shall be ciuirged to its general funds
and not to any body for which the council is required by law
to levy and impose taxes and rates" in the eighth, ninth,
tenth and eleventh lines, so that the section shall read as
follows:
13. Notwithstanding the other i)rovisions of this Act or^''"'t<>f
I 1 • 1 /» 1 1 taxation
any other general or special Act, the total amount of groee
of the taxes and rates levied and imposed in any a telephone
year in respect of the gross receipts of a telephone '*^'"''^"^
company in a municipality shall not exceed an
amount etjual to 5 jxt cent of the total of the gross
124
R.S.O. 1060,
c. 23, s. 20,
subs. 2,
amended
Duty of
assessor
in 1963
receipts of the company from its business in the
municipality for the year ending on the 31st day of
December next preceding the assessment.
4. — (1) Subsection 2 of section 20 of The Assessment Act
is ainended by adding thereto the following column :
Column 27a.— Corporation assessment, by inserting
the letter "C" where applicable.
(2) The assessor, in the year 1963, shall complete column
27a whether or not the roll has been revised.
Farm
lands and
buildings
^•fg^g^gf^' 5 — (1) Subsection 3 of section 35 of The Assessment Act,
amended ^^^ amended by subsection 1 of section 4 of The Assessment
Amendment Act, 1960-61 and subsection 1 of section 4 of
Jlie Assessment Amendment Act, 1961-62, is further amended
by striking out "no consideration shall be given to the sale
value of lands and buildings in the vicinity to which this
subsection does not apply" in the eighth, ninth and tenth
lines and inserting in lieu thereof "in determining such sale
value consideration shall not be given to siiles of lands and
buildings to persons whose principal occupation is other than
farming", so that the subsection shall read as follows:
(3) For the purposes of subsections 2 and 4, in ascer-
taining the sale value of farm lands used only for
farm purposes by the owner thereof or used only for
farm purposes by a tenant of such an owner and
buildings thereon used solely for farm purposes,
including the residence of the owner or tenant and
of his employees and their families on the farm
lands, consideration shall be given to the sale value
of such lands and buildings for farming purposes
only, and in determining such sale value considera-
tion shall not be given to sales of lands and buildings
to persons whose principal occupation is other than
farming.
^•fg^g^ll*'' (2) The said section 35 is amended by adding thereto the
amended following subsection :
^
Effect of
assessment
determined
on appeal
(36) When an appeal has been taken in respect of the
assessment of farm lands mentioned in subsection 3
from the decision of a court of revision, the assess-
ment as finally determined on appeal shall remain
fixed in respect of the same lands and buildings for
a period of two years after the year in respect of
which such appeal was taken so long as the lands
and buildings are owned by a person whose principal
occupation is farming.
124
Section 4. The amendment adds a new column to the assessment
roll and requires the assessor to indicate corporation assessment.
Section 5 — Subsection 1. The amendment provides that, in deter-
mining the sale value of farm lands for assessment purposes, consideration
shall not be given to sales of lands and buildings sold to persons whose
principal occupation is not farming.
Subsections 2 and 3. Self-explanatory.
124
Section 6. The amendment is for the purpose of daritication and to
bring the section in line with other provisions of a similar nature that
use the word "vicinity" rather than "locality".
Section 7 — Subsection 1. The amendment provides that heating
plants of a railway company are assessable for property tax.
Subsection 2. The amendment provides that hotels of a railway
company and a portion of a heating plant are not exempt from business
assessment under section 9 of the Act.
124
(3) Subsection 3 of section 35 of The Assessment Act, ^^s ^^°* <>j*ggQ
amended bv subsection 1, is effective with respect to assess- c 23, s. 35, '
r • 1 A^^^ r t 1 • r 1 • 1 subas. 3, 36
nients made m the year 1962 01 lands m respect 01 which
assessment appeals have not been finally determined and
with respect to assessments made in subsequent years, and
subsection 3b of the said section 35, as enacted by subsection 2,
is effective with respect to assessments made in the year 1962
and subsequent years.
6. Subsection 3 of section 43 of The Assessment Act is^f3?s.^43?'
amended by striking out "locality" in the ninth line and|^||^^^^
inserting in lieu thereof "vicinity", so that the subsection shall
read as follows:
(3) Every commission shall pay in each year, to any ^^""^^ij^^g ^^
municipality in which are situated lands or buildings m^l.nici^-
owned by and vested in the commission, the total
amount that all rates, except, subject to subsec-
tions 4 and 5, rates on business assessment, levied
on the assessment for real property that is used as
a basis for computing business assessment in that
municipality for taxation purposes based on the
assessed value of the land at the actual value thereof
according to the average value of land in the vicinity
and the assessed value of such buildings, would
produce.
7. — (1) Subsection 3 of section 46 of 2^he Assessment ^c^^fs^s.^le?'
is amended by inserting after "hotels" in the fifth line "heating 1^1^:^^^^
plants", so that the subsection shall read as follows:
(3) Notwithstanding any other provision in this Act, Rails, ties,
the structures, substructures, superstructures, rails, structures,
, . , , ., etc., not
ties, poles, wires and other property on railway assessable
lands and used exclusively for railway purposes or
incidental thereto (except stations, freight slieds,
offices, warehouses, elevators, hotels, heating plants,
roundhouses and machine, repair and other shops)
.shall not be asses.sed.
(2) Subsection 5 of the said section 46 is amended ^^Y^^f's^tt^'
adding at the end thereof "and except for business assessment su^s. 5,
f 1 1 I • « 1 1 • amended
in respect ot hotels under section 9 and business assessment
upon the portion of a heating plant that is in the proportion
that the amount of the heat produced by such plant that is
sold for the purposes of a hotel or for a purj)ose not exclusively
a railway purpose or incidental thereto bears to the total
heat produced by such plant in any year", so that the sub-
section shall read as follows:
124
from"other ^^^ '^ railway company assessed under this section is
assessments exempt from assessment in any other manner for
municipal purposes, except for local improvements
and except for business assessment in respect of hotels
under section 9 and business avSsessment upon the
portion of a heating plant that is in the proportion
that the amount of the heat produced by such plant
that is sold for the purposes of a hotel or for a purpose
not exclusively a railway purpose or incidental
thereto bears to the total heat produced by such
plant in any year.
^**'®°* (3) The provisions of subsections 1 and 2 are effective for
the purposes of taxation in the year 1964 and subsequent
years.
^■^A^- 1960, 8^ Section 47 of The Assessment Act is repealed and the
re-enacted following substituted therefor:
mai"raihvay 47. When an assessment has been made under section 46,
assessment ^^^ amount thereof in the roll as finally revised and
corrected for the year is the amount for which the
company shall be assessed for the next following four
years in respect of the land and property included in
such assessment, but at any time before the return
of the assessment roll in any vear,
(a) the amount may be reduced by deducting
therefrom the value of any land or property
included in such assessment that has ceased
to belong to the company; and
(b) the amount I'nay be increased by adding
thereto the value of any additional land or
property not included in such assessment and
the value or increase in value of any land or
property of the company that is erected,
altered or enlarged and the value or increase
in value of any land or property or portion
thereof that has ceased to be exempt from
taxation.
?"23^s^72°' ^' Subsection 21 of section 72 of The Assessment Act is
subs. 21 amended by striking out "municipality" in the first line and
amended . ..-',. , r a r • ■ ., i ^ i
msertmg m lieu thereoi court ot revision , so that the sub-
section shall read as follows:
AUemtion ^21) The clerk of the court of revision shall forthwith
by clerk alter and amend the assessment roll in accordance
with the decisions of the court of revision, and shall
write his name or initials against every alteration or
amendment.
124
Section 8. The amendment is complementary to the amendments
to section 46. See section 7 of this Bill.
Section 9. The amendment will require the clerk of the court of
revision instead of the clerk of the municipality to amend the assessment
roll in accordance with the decisions of the court of revision. This will
apply where the municipal clerk has designated some other person to be
the clerk of the court.
124
I'i
Section 10. The amendment is to provide for the appointment of a
county assessment commissioner by a majority vote, subject to the
approval of the Minister.
Section 11 — Subsection 1. The payments received by a municipality
for compensation for loss of taxes under The Ottawa River Water Powers
Act, 1943 must be distributed to the bodies entitled thereto in the same
way as payments in lieu of taxes received under section 245 of The Assess-
ment Act. The result of the amendment is that these payments will be
excepted from equalization for county purposes.
Subsection 2. Under the Municipal Grants Act (Canada), the Federal
Government makes grants which are based on the application of rates of
taxation applicable to federal property, if that property were taxable.
Normally, this is the valuation which, under subsection 3 of section 98,
is used for apportionment in determining county rates. However, under
section 5, subsection 3, of the Federal Act deductions may be made by
the Minister which, in some instances, substantially reduce the amount
of the grant. Under present legislation the valuations upon which the
grants are made remain the same for purposes of apportionment so that
the increase in county rates payable by a municipality based on this
apportionment could exceed, and in some instances has exceeded, the
amount of the Federal grant. The amendment is designed to remove
this inequity.
124
10. Subsection 1 ol section 93a of The Assessment Act, as^f^*^;^^^^'
enacted bv section 14 of IVie Assessment Amendment ^c/, (i960-6i,
. . . . C. 4, S. 14),
1960-61, IS amended by striknig out "with the unanimous subs. i.
assent of the members thereof" in the first and second lines
and inserting in lieu thereof "subject to the approval of the
Minister", so tliat the subscciion shall read as follows:
(1) The council of a countx' may, subject to the approval assessment
of the Minister, pass a by-law appointing a county gPj'^^'^"
assessment commissioner who shall have all the
powers, duties and privileges under this and every
other Act of an assessor, an assessment commissioner
or a county assessor in respect of the county and the
townships, towns and villages in the county, and
who shall be deemed for the purposes of this and
every other Act to be the assessor for each of such
local municipalities.
11. — (1) Subsection 3 of section 98 of The Assessment ^ct,^-^-^-^^^^'
as re-enacted by section 11 of The Assessment Amendment ^^^^'^-^^<
Act, 1961-62, is amended bv inserting after "Ontario" in thesubs. 3,
.,,,.,, ' ., , • * t .-amended
eighth line except payments received under section 13 ot
The Ottawa River Water Powers Act, 1943' \ so that the sub-
section shall read as follows:
(3) Where, in the year preceding the year in which an^,f^^^ich^^
apportionment is made, a municipality has received fjf j^^u of^
or becomes entitled to a payment in lieu of taxes taxes paid
from the Crown in right of Canada, except payments to aggregate
received under section 245, or from the Crown in
right of Ontario or any board, commission, corpora-
tion or other agency thereof or The Hydro-Electric
Power Commission of Ontario, except payments
received under section 13 of The Ottawa River Water ^^'^^^ °- ^^
Powers Act, 1943, the valuations of the properties
for which such payments are made shall be increased
or decreased by the same percentage, if any, as the
aggregate valuations of such municipality made in
that year were increased or decreased under subsec-
tion 1 of section 94, and for the purpose of county
rates the amount so obtained shall also be added to
the aggregate valuations of the municipality as
increased or decreased or adopted under subsection 1
of section 94.
(2) The said section 98 is amended bv adding thereto the 0.23, s. 98
r ,, . , ,. • ^ (1961-62.
lollowing subsection: c 6. s. ii),
amended
(4) Where payment in lieu of taxes from the Crown in ^'^®™
right of Canada has been reduced by deductions
made under the Municipal Grants Act {Cauada),^-^-^-^^^^'
124
the valuations of the properties for which such pay-
ments are made shall, for the purposes of subsection 3,
be reduced in the same proportion as the amount of
the grants were reduced.
12. Section
R.S.O. I960,
c. 23, 8. 207,
amended inserting after
207 of The Assessment Act is amended by
'taxes" in the sixth line "or by the limitation
of taxation of a telephone company under section 13", so that
the section shall read as follows:
Where
deficiency
occurs
207. Every municipal council in paying over any rate to
a body for which it is required by law to levy rates
or raise money shall, except where otherwise provided,
supply out of the funds of the corporation any
deficiency caused by the non-payment of taxes and,
where any deficiency is caused by the abatement or
refund of or inability to collect taxes or by the
limitation of taxation of a telephone company under
section 13, the council shall charge back a proportion-
ate share thereof to every such body.
Senr®""^^" 13.— (1) This Act, except sections 1, 2, 3 and 4, subsec-
tion 1 of section 5 and sections 11 and 12, comes into force on
the day it receives Royal Assent.
(2) Subsection 1 of section 5 shall be deemed to have come
into force on the 1st day of January, 1962.
(3) Sections 1, 4 and 11 shall be deemed to have come into
force on the 1st day of January, 1963.
(4) Sections 2, 3 and 12 come into force on the 1st day of
January, 1964.
Idem
Idem
Idem
Short title 14. This Act may be cited as The Assessment Amendment
Act, 1962-63.
\1A
Section 12. The amendment is complementary to the amendment to
section 13. See section 3 of this Bill.
124
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BILL 124
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Assessment Act
Mr. Spooner
{Reprinted as amended by the Committee on Municipal Law)
TORONTO
Printed and Published by F'rank Fogg, Queen's Printer
Explanatory Notes
Section 1. The amendment defines "corporation assessment" for
the purpose of indicating such assessment on the assessment roll.
Section 2. The amendment provides that the exemption from
taxation of educational seminaries does not apply to lands rented or leased
to seminaries by any person other than another such institution.
Section 3. Section 13 limits the amount of taxes imposed on a tele-
phone company to not more than 5 per cent of the gross receipts. Any
deficiency that may arise is chargeable to the general funds of the munici-
pality and is not chargeable back to the bodies for which council is required
to raise money, as is ordinarily the case under section 207. The amend-
ments to section 13 and to section 207 (see section 12 of this Bill) will
require any such deficiency to be charged back to such bodies.
124
BILL 124 1962-63
An Act to amend The Assessment Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 1 of The Assessment Act is amended by adding ^s^o^ i960,
thereto the following clause: amended'
{aa) "corporation assessment" means the assessment of
land liable to taxation, of which a corporation is the
owner or tenant, and business assessment of a cor-
poration, but does not include the assessment of
land that is assessed to a person other than a cor-
poration as a tenant.
2. Paragraph 6 of section 4 of The Assessment Act is^fjj^e.^ff^'
amended by adding thereto the following clause: amended
(a) The exemption from taxation under this paragraph ^g^'^j.jQ^
does not apply to lands rented or leased to a seminary ^^^ ^^
of learning mentioned in this paragraph by any
person other than another such seminary of learning
or a person already exempt from taxation in respect
of the property rented or leased.
3. Section 13 of The Assessment Act is amended by striking R|^o^ i960,
out "and the effect of such limitation is the responsibility of amended
the municipality and shall be charged to its general funds
and not to any body for which the council is required by law
to levy and impose taxes and rates" in the eighth, ninth,
tenth and eleventh lines, so that the section shall read as
follows :
13. Notwithstanding the other provisions of this Act or^^imitof
any other general or special Act, the total amount of gross
r ^, , 1 • J 1 • J • receipts of
oi the taxes and rates levied and miposed m any a telephone
year in respect of the gross receipts of a telephone ^^""^^"^
company in a municipality shall not exceed an
amount equal to 5 per cent of the total of the gross
124
R.S.O. 1960,
c. 23, s. 20,
subs. 2,
amended
Duty of
assessor
In 1963
receipts of the company from its business in the
municipality for the year ending on the 31st day of
December next preceding the assessment.
4. — (1) Subsection 2 of section 20 of The Assessment Act
is amended by adding thereto the following column:
Column 27a. — Corporation assessment, by inserting
the letter "C" where applicable.
(2) The assessor, in the year 1963, shall complete column
27a whether or not the roll has been revised.
Farm
lands and
buildings
?"23°8.^35°' 5— (1) Subsection 3 of section 35 of The Assessment Act,
amended ^® amended by subsection 1 of section 4 of The Assessment
Amendment Act, 1960-61 and subsection 1 of section 4 of
The Assessment Amendment Act, 1961-62, is further amended
by striking out "no consideration shall be given to the sale
value of lands and buildings in the vicinity to which this
subsection does not apply" in the eighth, ninth and tenth
lines and inserting in lieu thereof "in determining such sale
value consideration shall not be given to sales of lands and
buildings to persons whose principal occupation is other than
farming", so that the subsection shall read as follows:
(3) For the purposes of subsections 2 and 4, in ascer-
taining the sale value of farm lands used only for
farm purposes by the owner thereof or used only for
farm purposes by a tenant of such an owner and
buildings thereon used solely for farm purposes,
including the residence of the owner or tenant and
of his employees and their families on the farm
lands, consideration shall be given to the sale value
of such lands and buildings for farming purposes
only, and in determining such sale value considera-
tion shall not be given to sales of lands and buildings
to persons whose principal occupation is other than
farming.
^IgOgilgo, (2) The said section 35 is amended by adding thereto the
amended following subsection :
Effect of
assessment
determined
on appeal
(36) When an appeal has been taken in respect of the
assessment of farm lands mentioned in subsection 3
from the decision of a court of revision, the assess-
ment as finally determined on appeal shall remain
fixed in respect of the same lands and buildings for
a period of two years after the year in respect of
which such appeal was taken so long as the lands
and buildings are owned by a person whose principal
occupation is farming.
124
Section 4. The amendment adds a new column to the assessment
roll and requires the assessor to indicate corporation assessment.
Section 5 — Subsection 1. The amendment provides that, in deter-
mining the sale value of farm lands for assessment purposes, consideration
shall not be given to sales of lands and buildings sold to persons whose
principal occupation is not farming.
Subsections 2 and 3. Self-explanatory.
124
Section 6. The amendment is for the purpose of clarification and to
bring the section in line with other provisions of a similar nature that
use the word "vicinity" rather than "locality".
Section 7 — Subsection 1. The amendment provides that heating
plants of a railway company are assessable for property tax.
. (
Subsection 2. The amendment provides that hotels of a railway
company and a portion of a heating plant are not exempt from business
assessment under section 9 of the Act.
124
(3) Subsection 3 of section 35 of The Assessment Act, ^^^i^o.^heo
amended by subsection 1, is effective with respect to assess- c 23, a. 35.
ments made m the year 1962 of lands m respect of which
assessment appeals have not been finally determined and
with respect to assessments made in subsequent years, and
subsection 36 of the said section 35, as enacted by subsection 2,
is efTective with respect to assessments made in the year 1962
and subsequent years.
6. Subsection 3 of section 43 of The Assessment Act is^fg^g^H^'
amended by striking out "locality" in the ninth line ^"d|^|^3^^
inserting in lieu thereof "vicinity", so that the subsection shall
read as follows:
(3) Every commission shall pay in each year, to any payments to
municipality in which are situated lands or buildings ^alitles
owned by and vested in the commission, the total
amount that all rates, except, subject to subsec-
tions 4 and 5, rates on business assessment, levied
on the assessment for real property that is used as
a basis for computing business assessment in that
municipality for taxation purposes based on the
assessed value of the land at the actual value thereof
according to the average value of land in the vicinity
and the assessed value of such buildings, would
produce.
7. — (1) Subsection 3 of section 46 of The Assessment Act^-^H's^W^.'
is amended by inserting after "hotels" in the fifth line "heating |'^|^|^^j
plants" and by adding at the end thereof "but heating plants
shall be exempt from assessment to the extent that the amount
of steam or heat is used in relation to the cleaning or heating
of rolling stock", so that the subsection shall read as follows:
(3) Notwithstanding any other provision in this Act, ^oles," Inh-
the structures, substructures, superstructures, rails, |tructure8,
ties, poles, wires and other property on railway assessable
lands and used exclusively for railway purposes or
incidental thereto (except stations, freight sheds,
offices, warehouses, elevators, hotels, heating plants,
roundhouses and machine, repair and other shops)
shall not be assessed, but heating plants shall be
exempt from assessment to the extent that the
amount of steam or heat is used in relation to the
cleaning or heating of rolling stock.
(2) Subsection 5 of the said section 46 is amended by ^fg^g^le?'
adding at the end thereof "and except for business assessment l^l^l^^j
in respect of hotels under section 9 and business assessment
upon the portion of a heating plant that is in the proportion
that the amount of the heat produced by such plant that is
124
sold for the purposes of a hotel or for a purpose not exclusively
a railway purpose or incidental thereto bears to the total
heat produced by such plant in any year", so that the sub-
section shall read as follows:
Exemption
from other
assessments
Effect
(5) A railway company assessed under this section is
exempt from assessment in any other manner for
municipal purposes, except for local improvements
and except for business assessment in respect of hotels
under section 9 and business assessment upon the
portion of a heating plant that is in the proportion
that the amount of the heat produced by such plant
that is sold for the purposes of a hotel or for a purpose
not exclusively a railway purpose or incidental
thereto bears to the total heat produced by such
plant in any year.
(3) The provisions of subsections 1 and 2 are effective for
the purposes of taxation in the year 1964 and subsequent
years.
c!^"f3?s?^47?' 8. Section 47 of The Assessment Act is repealed and the
re-enacted' following substituted therefor:
Quinquen-
nial railway
assessment
47. When an assessment has been made under section 46,
the amount thereof in the roll as finally revised and
corrected for the year is the amount for which the
company shall be assessed for the next following four
years in respect of the land and property included in
such assessment, but at any time before the return
of the assessment roll in any year,
(a) the amount may be reduced by deducting
therefrom the value of any land or property
included in such assessment that has ceased
to belong to the company; and
(6) the amount may be increased by adding
thereto the value of any additional land or
property not included in such assessment and
the value or increase in value of any land or
property of the company that is erected,
altered or enlarged and the value or increase
in value of any land or property or portion
thereof that has ceased to be exempt from
taxation.
J'"23?s.^72?' 0» Subsection 21 of section 72 of The Assessment Act is
amended amended by striking out "municipality" in the first line and
inserting in lieu thereof "court of revision", so that the sub-
section shall read as follows:
124
Section 8. The amendment is complementary to the amendments
to section 46. See section 7 of this Bill,
Section 9. The amendment will require the clerk of the court of
revision instead of the clerk of the municipality to amend the assessment
roll in accordance with the decisions of the court of revision. This will
apply where the municipal clerk has designated some other person to be
the clerk of the court.
124
Section 10. The amendment is to provide for the appointment of a
county assessment commissioner by a majority vote, subject to the
approval of the Minister.
Section 11 — Subsection 1. The payments received by a municipality
for compensation for loss of taxes under The Ottawa River Water Powers
Act, 1943 must be distributed to the bodies entitled thereto in the same
way as payments in lieu of taxes received under section 245 of The Assess-
ment Act. The result of the amendment is that these payments will be
excepted from equalization for county purposes.
124
(21) The clerk of the court of revision shall forthwith ^Hw-ation
alter and amend the assessment roll in accordance ^y clerk
with the decisions of the court of revision, and shall
write his name or initials against every alteration or
. amendment.
10. Subsection 1 of section 93a of The Assessment Act, asRS.o. i960,
enacted by section 14 of The Assessment Amendment Act, {i^Qo-ei,
1960-61, is amended by striking out "with the unanimous siibs.^
assent of the members thereof" in the first and second lines *'"®'^^®**
and inserting in lieu thereof "subject to the approval of the
Minister", so that the subsection shall read as follows:
(1) The council of a county may, subject to the approval ^g^g^J^^gj^j
of the Minister, pass a by-law appointing a county °?'^'^is-
assessment commissioner who shall have all the
powers, duties and privileges under this and every
other Act of an assessor, an assessment commissioner
or a county assessor in respect of the county and the
townships, towns and villages in the county, and
who shall be deemed for the purposes of this and
every other Act to be the assessor for each of such
local municipalities.
11. — (1) Subsection 3 of section 98 of The Assessment Act,^-^^- 19|0'
as re-enacted by section 11 of The Assessment Amendment d^ei-Q^,
Act, 1961-62, is amended by inserting after "Ontario" in thesiibs. 3,
eighth line "except payments received under section 13 of*'" "^
The Ottawa River Water Powers Act, 1943", so that the sub-
section shall read as follows:
(3) Where, in the year preceding the year in which an Valuations
apportionment is made, a municipality has received payments
or becomes entitled to a payment in lieu of taxes taxes^paid
from the Crown in right of Canada, except payments to aggregate
received under section 245, or from the Crown in^*'"*'*°^^
right of Ontario or any board, commission, corpora-
tion or other agency thereof or The Hydro-Electric
Power Commission of Ontario, except payments
received under section 13 of The Ottawa River Water i943, c. 21
Powers Act, 1943, the valuations of the properties
for which such payments are made shall be increased
or decreased by the same percentage, if any, as the
aggregate valuations of such municipality made in
that year were increased or decreased under subsec-
tion 1 of section 94, and for the purpose of county
rates the amount so obtained shall also be added to
the aggregate valuations of the municipality as
increased or decreased or adopted under subsection 1
of section 94.
124
R.S.O. 1960.
c. 23, s. 98
(1961-62,
c. 6, s. 11),
amended
Idem
R.S.C. 1952,
c. 182
(2) The said section 98 is amended by adding thereto the
following subsection:
(4) Where payment in lieu of taxes from the Crown in
right of Canada has been reduced by deductions
made under the Municipal Grants Act (Canada),
the valuations of the properties for which such pay-
ments are made shall, for the purposes of subsection 3,
be reduced in the same proportion as the amount of
the grants were reduced.
^•fs^g^lo?; 12* Section 207 of The Assessment Act is amended by
amended inserting after "taxes" in the sixth line "or by the limitation
of taxation of a telephone company under section 13", so that
the section shall read as follows:
Where
deficiency
occurs
Commence-
ment
Idem
Idem
Idem
Short title
207. Every municipal council in paying over any rate to
a body for which it is required by law to levy rates
or raise money shall, except where otherwise provided,
supply out of the funds of the corporation any
deficiency caused by the non-payment of taxes and,
where any deficiency is caused by the abatement or
refund of or inability to collect taxes or by the
limitation of taxation of a telephone company under
section 13, the council shall charge back a proportion-
ate share thereof to every such body.
13. — (1) This Act, except sections 1, 2, 3 and 4, subsec-
tion 1 of section 5 and sections 11 and 12, comes into force on
the day it receives Royal Assent.
(2) Subsection 1 of section 5 shall be deemed to have come
into force on the 1st day of January, 1962.
(3) Sections 1, 3, 4 and 11 shall be deemed to have come into
force on the 1st day of January, 1963.
(4) Sections 2 and 12 come into force on the 1st day of
January, 1964.
14. This Act may be cited as The Assessment Amendment
Act, 1962-63.
124
Subsection 2. Under the Municipal Grants Act (Canada), the Federal
Government makes grants which are based on the application of rates of
taxation applicable to federal property, if that property were taxable.
Normally, this is the valuation which, under subsection 3 of section 98,
is used for apportionment in determining county rates. However, under
section 5, subsection 3, of the Federal Act deductions may be made by
the Minister which, in some instances, substantially reduce the amount
of the grant. Under present legislation the valuations upon which the
grants are made remain the same for purposes of apportionment so that
the increase in county rates payable by a municipality based on this
apportionment could exceed, and in some instances has exceeded, the
amount of the Federal grant. The amendment is designed to remove
this inequity.
Section 12. The amendment is complementary to the amendment to
section 13. See section 3 of this Bill.
124
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BILL 124
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Assessment Act
Mr. Spooner
TORONTO
I . Printed and Published by Frank Fogg, Queen's Printer
I
I
(
BILL 124 1962-63
An Act to amend The Assessment Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 1 of The Assessment Act is amended by adding R-S-O. i960,
thereto the following clause: amended '
{aa) "corporation assessment" means the assessment of
land liable to taxation, of which a corporation is the
owner or tenant, and business assessment of a cor-
poration, but does not include the assessment of
land that is assessed to a person other than a cor-
poration as a tenant.
2. Paragraph 6 of section 4 of The Assessment Act is ^fs^J^s.^tf °'
amended by adding thereto the following clause: amended
{a) The exemption from taxation under this paragraph ^^^^^.j^j^
does not apply to lands rented or leased to a seminary not to
of learning mentioned in this paragraph by any
person other than another such seminary of learning
or a person already exempt from taxation in respect
of the property rented or leased.
3. Section 13 of The Assessment Act is amended by striking R'S-OgisiO-
out "and the effect of such limitation is the responsibility of amended
the municipality and shall be charged to its general funds
and not to any body for which the council is required by law
to levy and impose taxes and rates" in the eighth, ninth,
tenth and eleventh lines, so that the section shall read as
follows :
13. Notwithstanding the other provisions of this Act Oft"^"^** °j[
any other general or special Act, the total amount of gross
,, , i>i 1- !• receipts of
oi the taxes and rates levied and nnposed in any a telephone
year in respect of the gross receipts of a telephone ^°""^*"^
company in a municipality shall not exceed an
amount equal to 5 per cent of the total of the gross
124
R.S.O. 1960,
c. 23, s. 20,
subs. 2,
amended
Duty of
assessor
in 1963
R.S.O. 1960,
c. 23, s. 35,
subs. 3,
amended
receipts of the company from its business in the
municipality for the year ending on the 31st day of
December next preceding the assessment.
4. — (1) Subsection 2 of section 20 of The Assessment Act
is amended by adding thereto the following column :
Column 27a. — Corporation assessment, by inserting
the letter "C" where applicable.
(2) The assessor, in the year 1963, shall complete column
27a whether or not the roll has been revised.
5 — (1) Subsection 3 of section 35 of The Assessment Act,
as amended by subsection 1 of section 4 of The Assessment
Amendment Act, 1960-61 and subsection 1 of section 4 of
The Assessment Amendment Act, 1961-62, is further amended
by striking out "no consideration shall be given to the sale
value of lands and buildings in the vicinity to which this
subsection does not apply" in the eighth, ninth and tenth
lines and inserting in lieu thereof "in determining such sale
value consideration shall not be given to sales of lands and
buildings to persons whose principal occupation is other than
farming", so that the subsection shall read as follows:
Farm
lands and
buildings
R.S.O. 1960,
c. 23, s. 35,
amended
Effect of
assessment
determined
on appeal
(3) For the purposes of subsections 2 and 4, in ascer-
taining the sale value of farm lands used only for
farm purposes by the owner thereof or used only for
farm purposes by a tenant of such an owner and
buildings thereon used solely for farm purposes,
including the residence of the owner or tenant and
of his employees and their families on the farm
lands, consideration shall be given to the sale value
of such lands and buildings for farming purposes
only, and in determining such sale value considera-
tion shall not be given to sales of lands and buildings
to persons whose principal occupation is other than
farming.
(2) The said section 35 is amended by adding thereto the
following subsection :
(3&) When an appeal has been taken in respect of the
assessment of farm lands mentioned in subsection 3
from the decision of a court of revision, the assess-
ment as finally determined on appeal shall remain
fixed in respect of the same lands and buildings for
a period of two years after the year in respect of
which such appeal was taken so long as the lands
and buildings are owned by a person whose principal
occupation is farming.
124
(3) Subsection 3 of section 35 of The Assessment Act, as^^^o^gg^
amended by subsection 1, is effective with respect to assess- c- 23, s 35,
ments made in the year 1962 of lands in respect of which
assessment appeals have not been finally determined and
with respect to assessments made in subsequent years, and
subsection 36 of the said section 35, as enacted by subsection 2,
is effective with respect to assessments made in the year 1962
and subsequent years.
6. Subsection 3 of section 43 of The Assessment Act is^fg^g^^l*^'
amended by striking out "locality" in the ninth line and subs. 3,
inserting in lieu thereof "vicinity", so that the subsection shall
read as follows:
(3) Every commission shall pay in each year, to any payments to
municipality in which are situated lands or buildings ^"i^ies
owned by and vested in the commission, the total
amount that all rates, except, subject to subsec-
tions 4 and 5, rates on business assessment, levied
on the assessment for real property that is used as
a basis for computing business assessment in that
municipality for taxation purposes based on the
assessed value of the land at the actual value thereof
according to the average value of land in the vicinity
and the assessed value of such buildings, would
produce.
7. — (1) Subsection 3 of section 46 of The Assessment ^c/ ^'23^8.^46^'
is amended by inserting after "hotels" in the fifth line "heating |^|^|^jj
plants" and by adding at the end thereof "but heating plants
shall be exempt from assessment to the extent that the amount
of steam or heat is used in relation to the cleaning or heating
of rolling stock", so that the subsection shall read as follows:
(3) Notwithstanding any other provision in this Act, ^o\ll[ Buh-
the structures, substructures, superstructures, rails, 1*^"°^'^^®^'
ties, poles, wires and other property on railway assessable
lands and used exclusively for railway purposes or
incidental thereto (except stations, freight sheds,
offices, warehouses, elevators, hotels, heating plants,
roundhouses and machine, repair and other shops)
shall not be assessed, but heating plants shall be
exempt from assessment to the extent that the
amount of steam or heat is used in relation to the
cleaning or heating of rolling stock.
(2) Subsection 5 of the said section 46 is amended by ^fs^g^lg^'
adding at the end thereof "and except for business assessment |^|^|^^
m respect of hotels under section 9 and business assessment
upon the portion of a heating plant that is in the proportion
that the amount of the heat produced by such plant that is
124
sold for the purposes of a hotel or for a purpose not exclusively
a railway purpose or incidental thereto bears to the total
heat produced by such plant in any year", so that the sub-
section shall read as follows:
from"other (5) A railway company assessed under this section is
assessments exempt from assessment in any other manner for
municipal purposes, except for local improvements
and except for business assessment in respect of hotels
under section 9 and business assessment upon the
portion of a heating plant that is in the proportion
that the amount of the heat produced by such plant
that is sold for the purposes of a hotel or for a purpose
not exclusively a railway purpose or incidental
thereto bears to the total heat produced by such
plant in any year.
^^®^* (3) The provisions of subsections 1 and 2 are effective for
the purposes of taxation in the year 1964 and subsequent
years.
c!"23°s.^47?' 8. Section 47 of The Assessment Act is repealed and the
re-enacted following substituted therefor:
marraifway 47. When an assessment has been made under section 46,
assessment ^j^g amount thereof in the roll as finally revised and
corrected for the year is the amount for which the
company shall be assessed for the next following four
years in respect of the land and property included in
such assessment, but at any time before the return
of the assessment roll in any year,
(a) the amount may be reduced by deducting
therefrom the value of any land or property
included in such assessment that has ceased
to belong to the company; and
{h) the amount may be increased by adding
thereto the value of any additional land or
property not included in such assessment and
the value or increase in value of any land or
property of *the company that is erected,
altered or enlarged and the value or increase
in value of any land or property or portion
thereof that has ceased to be exempt from
taxation.
^■23°s.^72?' 9' Subsection 21 of section 72 of The Assessment Act is
amended amended by striking out "municipality" in the first line and
inserting in lieu thereof "court of revision", so that the sub-
section shall read as follows:
124
(21) The clerk of the court of revision shall forthwith ^iteration
alter and amend the assessment roll in accordance by clerk
with the decisions of the court of revision, and shall
write his name or initials against every alteration or
amendment.
10. Subsection 1 of section 93a of The Assessment Act, ^s^|gO^i960.
enacted by section 14 of The Assessment Amendment Act, (i966-6i.
• • C 4 S 14)
1960-61, is amended by striking out "with the unanimous siibs. i,
assent of the members thereof" in the first and second lines ^'^^'^
and inserting in lieu thereof "subject to the approval of the
Minister", so that the subsection shall read as follows:
(1) The council of a county may, subject to the approval ^g°g^g*j^gjj|.
of the Minister, pass a by-law appointing a county cojjjmis-
assessment commissioner who shall have all the
powers, duties and privileges under this and every
other Act of an assessor, an assessment commissioner
or a county assessor in respect of the county and the
townships, towns and villages in the county, and
who shall be deemed for the purposes of this and
every other Act to be the assessor for each of such
local municipalities.
11. — (1) Subsection 3 of section 98 of The Assessment ■^ct,^-^-^-^'^^^'
as re-enacted by section 11 of The Assessment Amendment d96i-62
C 6 B 11)
Act, 1961-62, is amended by inserting after "Ontario" in thesiibs. 3,
eighth line "except payments received under section 13 of
The Ottawa River Water Powers Act, 1943'\ so that the sub-
section shall read as follows:
(3) Where, in the year preceding the year in which an valuations
. ^, ° . . •^,. , . , on which
apportionment is made, a municipality has received payments
or becomes entitled to a payment in lieu of taxes taxes^aid
from the Crown in right of Canada, except payments t" aggregate
received under section 245, or from the Crown in valuations
right of Ontario or any board, commission, corpora-
tion or other agency thereof or The Hydro-Electric
Power Commission of Ontario, except payments
received under section 13 of The Ottawa River Water i943, c. 21
Powers Act, 1943, the valuations of the properties
for which such payments are made shall be increased
or decreased by the same percentage, if any, as the
aggregate valuations of such municipality made in
that year were increased or decreased under subsec-
tion 1 of section 94, and for the purpose of county
rates the amount so obtained shall also be added to
the aggregate valuations of the municipality as
increased or decreased or adopted under subsection 1
of section 94.
124
6.
R.S.O. 1960,
c. 23, 8. 98
(1961-62,
c. 6, s. 11),
amended
Idem
R.S.C. 1952.
c. 182
(2) The said section 98 is amended by adding thereto the
following subsection:
(4) Where payment in lieu of taxes from the Crown in
right of Canada has been reduced by deductions
made under the Municipal Grants Act (Canada),
the valuations of the properties for which such pay-
ments are made shall, for the purposes of subsection 3,
be reduced in the same proportion as the amount of
the grants were reduced.
R.S.O. I960,
c. 23, s. 207,
amended inserting after
12. Section 207 of The Assessment Act is amended by
taxes" in the sixth line "or by the limitation
of taxation of a telephone company under section 13", so that
the section shall read as follows:
deficiency '^^^* Every municipal council in paying over any rate to
occurs a body for which it is required by law to levy rates
or raise money shall, except where otherwise provided,
supply out of the funds of the corporation any
deficiency caused by the non-payment of taxes and,
where any deficiency is caused by the abatement or
refund of or inability to collect taxes or by the
limitation of taxation of a telephone company under
section 13, the council shall charge back a proportion-
ate share thereof to every such body.
Commence- l3._(l) This Act, except sections 1, 2, 3 and 4, subsec-
tion 1 of section 5 and sections 11 and 12, comes into force on
the day it receives Royal Assent.
Idem
Idem
(2) Subsection 1 of section 5 shall be deemed to have come
into force on the 1st day of January, 1962.
(3) Sections 1,3,4 and 11 shall be deemed to have come into
force on the 1st day of January, 1963.
Idem
(4) Sections 2 and 12 come into force on the 1st day of
January, 1964.
Short t e j^^ This Act may be cited as The Assessment Amendment
Act, 1962-63.
124
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BILL 125
4th Session, 26th Legislature, Ontario
10-11 Elizabeth II, 1962-63
An Act to amend The Collection Agencies Act
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The purpose of this Bill is,
(1) to transfer the routine administrative functions from the Superin-
tendent of Insurance to the registrar;
(2) to provide that the registrar shall not cancel, etc., a licence
without affording the licensee an opportunity to be heard;
(3) to provide the right to a hearing and review by the Superintendent
of Insurance of any order of the registrar cancelling, etc., a licence.
Section 31 of the Act repealed by section 13 of the Bill reads as follows:
31. No proceedings under this Act shall be instituted except with
the consent or under the direction of the Superintendent.
125 J .
BILL 125 1962-63
An Act to amend The Collection Agencies Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Subsection 1 of section 6 of The Collection Agencies^f-^-Q^%^^'
Act is amended by striking out "The Superintendent, upon the|'^|^J^jj
recommendation of the registrar, may issue a licence to any
person" in the first and second lines and inserting in lieu
thereof "The registrar may issue a licence to any person".
(2) Subsection 3 of the said section 6 is repealed and the^fg^g.^l^^'
following substituted therefor: re-enacted
(3) The registrar, after giving the applicant or licensee, may be
as the case may be, an opportunity to be heard, '"®^"^®'*' ®**''
may refuse to issue or renew any licence or may
suspend or cancel any licence.
2. Section 9 of The Collection Agencies Act is amended by^fg s.^9^^'
striking out "Superintendent" in the third line, the sixth line ^"^®"'^®'^
and the seventh line and inserting in lieu thereof in each
instance "registrar".
3. Subsection 2 of section 12 of The Collection Agencies^-^^-^^\2^-
Act is amended by striking out "Superintendent" in the|^|^2^^
second line and the sixth line and inserting in lieu thereof in
each instance "registrar".
4. Section 13 of The Collection Agencies Act is amended by c.'ss, s.^il^'
striking out "Superintendent" in the third line and inserting ^'^®"'^®^
in lieu thereof "registrar".
5. Section 16 of The Collection Agencies Act is amended by c.'ss, s.^ie. '
striking out "Superintendent" in the third line and inserting*'"®"**®^
in lieu thereof "registrar".
125
c^'58^s^i7°' ^* Subsection 2 of section 17 of The Collection Agencies
subs.' 2, Act \s amended by striking out "Superintendent" in the
second line and inserting in lieu thereof "registrar".
7. Clause b of section 20 of The Collection Agencies Act is
R.S.O. I960,
c. 58. s. 20,
amended amended by striking out "Superintendent" in the fourth line
and inserting in lieu thereof "registrar".
R.S.O. I960,
c. 58, s. 24,
amended
8. Section 24 of The Collection Agencies Act is amended by
striking out "Superintendent granting or" in the second line
and inserting in lieu thereof "registrar" and by striking out
"in the application or" in the fifth and sixth lines, so that the
section shall read as follows:
Notice of
decision, etc.
24. A notice of every direction, decision, order or ruling
of the registrar refusing to grant a licence, or refusing
to renew a licence, or suspending or cancelling a
licence, shall be served upon the collection agency or
collector whose licence is thereby affected at the
address appearing upon the records of the registrar.
9. Subsections 2, 3 and 4 of section 25 of The Collection
R.S.O. I960,
c. 58, 8. 25,
re-elfacted Agencies Act are repealed and the following substituted
therefor :
Notice of
hearing
(2) Where a hearing and review are requested, the
Superintendent shall send a notice in writing to the
person who requested the review notifying him of
the time and place of the hearing.
Evidence
(3) Upon a review, the Superintendent may hear such
evidence as is submitted to him that in his opinion
is relevant to the review, and he is not bound by any
law respecting the admissibility of evidence, and the
oral evidence submitted shall be taken down in
writing and, together with such documentary evi-
dence and things as are received in evidence, forms
the record.
Power to
summon
witnesses,
etc.
(4) Upon a review, the Superintendent has the same
power to summon and enforce the attendance of
witnesses and to compel them to give evidence on
oath or otherwise and to produce documents, records
and things as is vested in the Supreme Court or a
judge thereof for the trial of civil actions, but the
rules of court or of law relating to the service of
subpoenaes upon, and to the payment of conduct
money or witness fees to, witnesses do not apply.
125
(4a) Upon a review, the Superintendent may by order p*^Y^^ "'^
direct the registrar to make such direction, decision,
order or ruling or to do such other act as the registrar
is authorized to do under this Act or the regulations
and as the Superintendent deems proper having
regard to the material and submissions before him
and to the provisions of this Act and the regulations,
and the registrar shall make such direction, decision,
order or ruling or do such act accordingly.
10. Section 27 of The Collection Agencies Act is amended ^Ig^g^ll^^'
by striking out "Superintendent" in the second line, the amended
fourth line and the eighth line and inserting in lieu thereof in
each instance "registrar".
11. Section 28 of The Collection Agencies Act is amended ^'fg^g;^!!?'
by striking out "Superintendent" in the second and third lines ^™®'^^®^
and inserting in lieu thereof "registrar".
12. Section 30 of The Collection Agencies Act is amended ^fg^g^^lof'
by striking out "Superintendent" in the fourth line and^'"®'^^®^
inserting in lieu thereof "registrar".
13. Section 31 of The Collection Agencies Act is repealed, c.'ss. s. 3i, '
repealed
14. Clause c of section 32 of The Collection Agencies Act is^'fg^g^lE?'
amended by striking out "Superintendent" in the second line ^^^^-jj^j^^
and inserting in lieu thereof "registrar".
15. This Act comes into force on the day it receives Royal ^ent"^^°*'
Assent.
16. This Act may be cited as The Collection Agencies^^°^^ ^^^^^
Amendment Act, 1962-63.
125
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BILL 125
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Collection Agencies Act
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
^ \^ i TyA
lA n.oit3'^
BILL 125 1962-63
An Act to amend The Collection Agencies Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Subsection 1 of section 6 of The Collection Agencies^ -f^-^^^^^-
Act is amended by striking out "The Superintendent, upon the|^|^^^^
recommendation of the registrar, may issue a licence to any
person" in the first and second lines and inserting in lieu
thereof "The registrar may issue a licence to any person".
(2) Subsection 3 of the said section 6 is repealed and the^fg^gj^lf^'
following substituted therefor: ?e-enacted
(3) The registrar, after giving the applicant or licensee, may"be
as the case may be, an opportunity to be heard, '■®*^"^®^' ®*°-
may refuse to issue or renew any licence or may
suspend or cancel any licence.
2. Section 9 of The Collection Agencies Act is amended by ^fg^s.^gf ^'
striking out "Superintendent" in the third line, in the sixth an^ended
line and in the seventh line and inserting in lieu thereof in
each instance "registrar".
3. Subsection 2 of section 12 of The Collection Agencies^-^^-^^^^^'
Act is amended by striking out "Superintendent" in the|^|^|^^
second line and in the sixth line and inserting in lieu thereof
in each instance "registrar".
4. Section 13 of The Collection Agencies Act is amended by ^■fg^g.^^fl''
striking out "Superintendent" in the third line and inserting °'""®'^*^®'^
in lieu thereof "registrar".
5. Section 16 of The Collection Agencies Act is amended by ^•fg'^s.^iel^'
striking out "Superintendent" in the third line and inserting *"^®'^'^®'^
in lieu thereof "registrar".
125
Rso. 1960, 6, Subsection 2 of section 17 of The Collection Agencies
subs.' 2,' ' Act is amended by striking out "Superintendent" in the
second line and inserting in lieu thereof "registrar".
c!"58?s.'''20?' '^' Clause b of section 20 of The Collection Agencies Act is
amended amended by striking out "Superintendent" in the fourth line
and inserting in lieu thereof "registrar".
R.S.O. I960,
c. 58, s. 24,
amended
8. Section 24 of The Collection Agencies Act is amended by
striking out "Superintendent granting or" in the second line
and inserting in lieu thereof "registrar" and by striking out
"in the application or" in the fifth and sixth lines, so that the
section shall read as follows:
Notice of
decision, etc.
24. A notice of every direction, decision, order or ruling
of the registrar refusing to grant a licence, or refusing
to renew a licence, or suspending or cancelling a
licence, shall be served upon the collection agency or
collector whose licence is thereby affected at the
address appearing upon the records of the registrar.
^■fs^s.^li?' ^' Subsections 2, 3 and 4 of section 25 of The Collection
re-emicted' Agencies Act are repealed and the following substituted
therefor :
Notice of
hearing
(2) Where a hearing and review are requested, the
Superintendent shall send a notice in writing to the
person who requested the review notifying him of
the time and place of the hearing.
Evidence
(3) Upon a review, the Superintendent may hear such
evidence as is submitted to him that in his opinion
is relevant to the review, and he is not bound by any
law respecting the admissibility of evidence, and the
oral evidence submitted shall be taken down in
writing and, together with such documentary evi-
dence and things as are received in evidence, forms
the record.
Power to
summon
witnesses,
etc.
(4) Upon a review, the Superintendent has the same
power to summon and enforce the attendance of
witnesses and to compel them to give evidence on
oath or otherwise and to produce documents, records
and things as is vested in the Supreme Court or a
judge thereof for the trial of civil actions, but the
rules of court or of law relating to the service of
subpoenaes upon, and to the payment of conduct
money or witness fees to, witnesses do not apply.
125
(4a) Upon a review, the Superintendent may by order Pg^Ye^w ^'^
direct the registrar to make such direction, decision,
order or ruling or to do such other act as the registrar
is authorized to do under this Act or the regulations
and as the Superintendent deems proper having
regard to the material and submissions before him
and to the provisions of this Act and the regulations,
and the registrar shall make such direction, decision,
order or ruling or do such act accordingly.
10. Section 27 of The Collection Agencies Act is amended ^•|g^g^|l^*''
by striking out "Superintendent" in the second line, in the amended
fourth line and in the eighth line and inserting in lieu thereof
in each instance "registrar".
11. Section 28 of The Collection Agencies Act is amended ^-fg^g -^fl^'
by striking out "Superintendent" in the second and third lines a"^®"*^®*^
and inserting in lieu thereof "registrar".
12. Section 30 of The Collection Agencies Act is amended ^-fg^g^go^'
by striking out "Superintendent" in the fourth line and *'"®'^<^®^
inserting in lieu thereof "registrar".
13. Section 31 of The Collection Agencies Act is repealed, ^fg^s.^li^'
repealed
14. Clause c of section 32 of The Collection Agencies Act is^-|gO- 1||°'
amended by striking out "Superintendent" in the second lineci. c,'
and inserting in lieu thereof "registrar".
15. This Act comes into force on the day it receives Royal commence-
. ■^ •' ment
Assent.
16. This Act may be cited as The Collection A gencies short mie
Amendment Act, 1962-63.
125
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BILL 126
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Mortgage Brokers Registration Act
Mr. Cass
TORONTO
Printed and Published bv Frank Fogg, Queen's Printer
Explanatory Note
The purpose of this Bill is,
(1) to transfer the routine administrative functions from the Superin-
tendent of Insurance to the Registrar under the Act;
(2) to provide that the Registrar shall not cancel, etc., a licence
without affording the licensee an opportunity to be heard;
(3) to provide the right to a hearing and review by the Superin-
tendent of any order of the Registrar cancelling, etc., a licence.
In addition, certain of the amendments are designed to afford greater
control over the operations of mortgage brokers — see clause c of subsec-
tion 1 of section 8 of the Act as re-enacted by subsection 1 of section 3 of
the Bill and also section 9a of the Act as enacted by section 5 of the Bill.
Provision is also made to establish an advisory board — see section 7
of the Bill.
126
BILL 126 1962-63
An Act to amend
The Mortgage Brokers Registration Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Subsection 1 of section 4 of The Mortgage Brokers^f-^-l^\^'
Registration Act is amended by striking out "Superintendent" |^|j^i^^
in the first line and inserting in lieu thereof "Registrar".
(2) Subsection 2 of the said section 4 is amended by striking f'/ii^'s.^^^'
out "Superintendent" in the first line and inserting in Ji6u|^|j^2^^
thereof "Registrar".
2. Subsection 1 of section 7 of The Mortgage Broker s ^ ■^;^- 1^^^'
Registration Act is amended by striking out "Superintendent" ^ubs^i
in the first line and the third line and inserting in lieu thereof
in each instance "Registrar".
3. — (1) Subsection 1 of section 8 of The Mortgage Broker s '^ ■^^- ^^^^-
Registration Act is repealed and the following substituted subs, i,
, . re-enacted
therefor :
(1) Where upon a statement made under oath it appears ^j^^®^*'^^"
probable to the Registrar that any person has,
(a) contravened this Act or the Criminal Co^/gc^li'^can.)
(Canada) in connection with his business as
a mortgage broker; or
(b) by any false, misleading or deceptive state-
ment or advertisement, representation or
promise, or by any dishonest concealment of
material facts, induced or attempted to induce
any person to borrow money or to be respon-
sible for the repayment thereof or to agree to
the terms of any transaction with respect to
money lent on the security of a mortgage; or
(c) induced or attempted to induce any person to
pay or be responsible for the payment of ex-
126
cessive or exorbitant fees or expenses in con-
nection with a loan on the security of a mort-
gage,
the Registrar or such other person as the Superin-
tendent may appoint may make such investigation
as the Registrar deems expedient for the due ad-
ministration of this Act.
c!'24^,' s.^l!^' (2) Subsection 2 of the said section 8 is amended by insert-
amended ^^^ after "investigation" in the first line "the registrar or".
c!f44,' s.^lf' ('^) Subsection 4 of the said section 8 is amended by striking
amended ^"^ "appointed to make" in the first line and inserting in lieu
thereof "making".
c!"244 ■ s.^8?' (4) Subsection 6 of the said section 8 is amended by striking
amended ^^^ "Superintendent" in the third line and inserting in lieu
thereof "Registrar".
^■244; s.^q!^' 4:. — (1) Subsection 1 of section 9 of The Mortgage Brokers
amended Registration Act is amended by striking out "Superintendent"
in the first line, the seventh line and the twentieth line and
inserting in lieu thereof in each instance "Registrar".
c!^'244" s^9°' (2) Subsection 3 of the said section 9 is amended by striking
subs. 3 out "Superintendent" in the second line and the ninth line
amended , . ^ . . ,. , ^ . , . ttr^ • ,,
and msertmg m lieu thereof m each mstance Registrar .
^'.'244,^^^^' 5» ^^^ Mortgage Brokers Registration Act is amended by
amended adding thereto the following section:
False
advertising,
etc.
9a. Where in the opinion of the Registrar any person
registered under this Act is making false, misleading
or deceptive statements in any advertisement, cir-
cular, pamphlet or similar material, the Registrar
may order the immediate cessation of the use of such
material.
^^•244; s.^io! ^' Subsection 1 of section 10 of The Mortgage Brokers
re-enacted Registration Act is repealed and the following substituted
therefor :
Suspension,
cancellation,
etc., of
registration
(1) If a person registered under this Act has been found
to have done any of the things mentioned in clauses
a, b and c of subsection 1 of section 8, or if for any
other reason the Registrar is of the opinion that his
registration is not in the public interest, the Regis-
trar, after giving him an opportunity to be heard,
may suspend or cancel or refuse to renew his regis-
tration.
126
7. The Mortgage Brokers Registration Act is amended by ^f^^- ^^^o-
adding thereto the following section : amended
10a. — (1) In determining the granting or refusal of an boaVds'^^
application for registration or renewal of a registra-
tion or the suspension or cancellation of a registration,
the Registrar may, and shall when so requested in
writing by the applicant or person registered, appoint
an advisory board consisting of three members of
whom two shall be registered mortgage brokers and
the third shall be chairman, which shall hold a hear-
ing and make a report to the Registrar with such
recommendations as it deems fit.
(2) For the purpose of the hearing, the chairman of the ^i^^rman^
advisory board has and may exercise all the powers
that may be conferred upon a commissioner under
The Public Inquiries Act. fl^- i^eo.
8. — (1) Subsection 1 of section 11 of The Mortgage Brokers f-^;^- l^f^'
Registration Act is amended by striking out "Superintendent" ^"^^i-^
• 1 11- 1 1 1 • 1 !• 1 • • • 1- amended
m the second Ime and the third Ime and msertmg m lieu
thereof in each instance "Registrar".
(2) Subsection 4 of the said section 11 is amended by^|-^- i^^o,
striking out "his former decision" in the second line and subs. 4,'
inserting in lieu thereof "the decision of the Registrar".
9. Subsection 6 of section 12 of The Mortgage Brokers ^■^;^- ^^^^^
Registration Act is amended by striking out "Superintendent" subs. 6,
in the second and third lines and inserting in lieu thereof
"Registrar".
10. This Act comes into force on the day it receives Royal ment"^^"^*
Assent.
11. This Act may be cited as The Mortgage Brokers Regis- ^^°^^ t'^'e
tration Amendment Act, 1962-63.
126
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BILL 126
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
i
An Act to amend The Mortgage Brokers Registration Act
Mr. Cass
T O R O N|T O
Printed A>fD Published by Frank Fogg, Queen's Printer
I
BILL 126 1962-63
An Act to amend
The Mortgage Brokers Registration Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Subsection 1 of section 4 of The Mortgage Brokers ^■^^- l^f^-
Registration Act is amended by striking out "Superintendent" subs, i
in the first line and inserting in lieu thereof "Registrar".
(2) Subsection 2 of the said section 4 is amended by striking ^I^Ogi^^^o,
out "Superintendent" in the first line and inserting in lieueubs. 2
1 r <iT-> • .> amended
thereof Registrar .
2. Subsection 1 of section 7 of The Mortgage ^ro^er^^l^O- i^^o-
Registration Act is amended by striking out "Superintendent" subs, i,
. , ^ ,. 1-1 I'll- 1 • • • i> I -amended
m the nrst hne and m the third line and inserting m lieu thereot
in each instance "Registrar".
3. — (1) Subsection 1 of section 8 of The Mortgage Brokers f-^;^- ^^f^-
Registration Act is repealed and the following substituted subs, i '
J - r©-0n3iCTi©ci
therefor:
(1) Where upon a statement made under oath it appears JiQ^®^*'^^'
probable to the Registrar that any person has,
(a) contravened this Act or the Criminal Code l^^\'^^'^^^ -^
(Canada) in connection with his business as
a mortgage broker; or
(b) by any false, misleading or deceptive state-
ment or advertisement, representation or
promise, or by any dishonest concealment of
material facts, induced or attempted to induce
any person to borrow money or to be respon-
sible for the repayment thereof or to agree to
the terms of any transaction with respect to
money lent on the security of a mortgage; or
(c) induced or attempted to induce any person to
pay or be responsible for the payment of ex-
126
cessive or exorbitant fees or expenses in con-
nection with a loan on the security of a mort-
gage,
the Registrar or such other person as the Superin-
tendent may appoint may make such investigation
as the Registrar deems expedient for the due ad-
ministration of this Act.
^.'iiil l^¥!' (2) Subsection 2 of the said section 8 is amended by insert-
amended "^S after "investigation" in the first line "the registrar or".
c!'244 ,■ 8.^1!'' (^) Subsection 4 of the said section 8 is amended by striking
amended °"^ "appointed to make" in the first line and inserting in lieu
thereof "making".
c!"244' l^s!' (4) Subsection 6 of the said section 8 is amended by striking
aniended ^"^ "Superintendent" in the third line and inserting in lieu
thereof "Registrar".
?'244: 8.^9°' 4:»— (1) Subsection 1 of section 9 of The Mortgage Brokers
amended Registration Act is amended by striking out "Superintendent"
in the first line, in the seventh line and in the twentieth line
and inserting in lieu thereof in each instance "Registrar".
o!'244' 8^9°' (-2) Subsection 3 of the said section 9 is amended by striking
^^^■^'^ out "Superintendent" in the second line and in the ninth line
amended . . ^ . .,. e • i- m-**
and insertmg m lieu thereof m each mstance Registrar .
^'244 ■ ^^^°* 5. The Mortgage Brokers Registration Act is amended by
amended adding thereto the following section:
advertising, 9a. Where in the opinion of the Registrar any person
**"• registered under this Act is making false, misleading
or deceptive statements in any advertisement, cir-
cular, pamphlet or similar material, the Registrar
may order the immediate cessation of the use of such
material.
Jf4?;^ffo; 6' Subsection 1 of section 10 of The Mortgage Brokers
re-^'acted Registration Act is repealed and the following substituted
therefor:
caneei?at?on, (1) ^^ a person registered under this Act has been found
registration ^° have done any of the things mentioned in clauses
a, b and c of subsection 1 of section 8, or if for any
other reason the Registrar is of the opinion that his
registration is not in the public interest, the Regis-
trar, after giving him an opportunity to be heard,
may suspend or cancel or refuse to renew his regis-
tration.
126
7. The Mortgage Brokers Registration Act is amended by ^'l,^^- 1^®*'-
adding thereto the following section: amended
10a. — (1) In determining the granting or refusal of an boaVds'^^
application for registration or renewal of a registra-
tion or the suspension or cancellation of a registration,
the Registrar may, and shall when so requested in
writing by the applicant or person registered, appoint
an advisory board consisting of three members of
whom two shall be registered mortgage brokers and
the third shall be chairman, which shall hold a hear-
ing and make a report to the Registrar with such
recommendations as it deems fit.
(2) For the purpose of the hearing, the chairman of the lowers of
J • L J 1 1 ** . ,, , chairman
advisory board has and may exercise all the powers
that may be conferred upon a commissioner under
The Public Inquiries Act. ^'323 ' ^^^^'
8. — (1) Subsection 1 of section 11 of The Mortgage Brokers ^■^;^- 1^^^'
Registration Act is amended by striking out "Superintendent" s^^^j-
• 1 II- 1 • 1 1 • 1 1- 1 • • • !• amended
in the second line and in the third line and inserting in lieu
thereof in each instance "Registrar".
(2) Subsection 4 of the said section 11 is amended by ^144; g_^f j '
striking out "his former decision" in the second line and l*;*^^^^^^
inserting in lieu thereof "the decision of the Registrar".
9. Subsection 6 of section 12 of l^he Mortgage Brokers^-2^-l^f2'
Registration Act is amended by striking out "Superintendent" I'^^l^^^^j
in the second and third lines and inserting in lieu thereof
"Registrar".
10. This Act comes into force on the day it receives Royal ^^J^^"^®"'^®"
Assent.
11. This Act may be cited as 'The Mortgage Brokers jf^egw- Short title
tration Amendment Act, 1962-63.
126
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BILL 127
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Real Estate and Business Brokers Act
JVlR. Cass
r o R O N T o
PhINTKD and I'UBI.ISHIiD BY FrANK l-'OGG, QuIJCN's PkIMKR
Explanatory Note
The purpose of this Bill is,
(1) to transfer the routine administrative functions from the Superin-
tendent of Insurance to the Registrar of Real Estate and Business
Brokers;
(2) to provide that the Registrar shall not cancel, etc., a registration
without affording the registrant an opportunity to be heard;
(3) to provide the right to a hearing and review by the Superinten-
dent of Insurance of any order of the Registrar cancelling, etc., a
registration ;
(4) to provide control over sales in Ontario of land outside Ontario;
(5) to increase, in the case of a corporation, the maximum line that
may be imposed for offences under the .Xct.
127
BILL 127 1962-63
An Act to amend
The Real Estate and Business Brokers Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Section 6 of The Real Estate and Business Brokers^-^;^- ^^^^^
Act is amended by striking out "Superintendent" in the first amended
line and inserting in lieu thereof "Registrar".
(2) The said section 6 is further amended by adding thereto RS.o. i960
, ^ ; ,, . , . -^ * o. 344, s. 6,
the tollowmg subsection : amended
(2) The Registrar shall not refuse to grant or to renew Refusal of
. . . , . . ^ ,. registration
registration without giving the applicant an oppor-
tunity to be heard.
2. Section 7 of The Real Estnte and Business Brokers -^c/^l^*^- 1^^^-
is amended by striking out "Superintendent" in the first line amended
and inserting in lieu thereof "Registrar, after giving the
registrant an opportunity to be heard", so that the section
shall read as follows:
7. The Registrar, after giving the registrant an oppor- Suspensi9n,
■ till 11 1 1 ' o&ocGiici Liori
tunity to be heard, shall suspend or cancel a registra-
tion where in his opinion such action is in the public
interest.
3. Subsection 1 of section 8 of The Real Estate and Business ^■^■'^- PS^-
Brokers Act is amended by striking out "Superintendent" mfuba. i
the third line and in the eighth line and inserting in lieu
thereof in each instance "Registrar".
4. Section 9 of The Real Estate and Business Brokers Act is^-^.^- }^f.^-
... „ . . . c. 344, S. 9,
amended by striking out "Superintendent" m the first line amended.
and inserting in lieu thereof "Registrar".
5. .Subsection 1 of section 10 of The Real Estate and Business ^'f'^i l^io',
Brokers Act is amended by striking out "Superintendent" '" IV^iended
the second line and inserting in lieu thereof "Registrar".
127
?q;9' P?o' 6. Section 12 of The Real Estate and Business Brokers Act
amended is amended b}' striking out "and shall when so directed by
the Superintendent" in the first and second lines.
c^"344's^i3' '^' S^'Ction 13 of l^he Real Estate and Business Brokers Act
amended is amended by striking out "Superintendent" in the first and
second lines and inserting in lieu thereof "Registrar".
8. Subsection 2 of section 17 of The Real Estate and Business
R.S.O. I960,
c. 344, s. 17, . . . . ,, .
subs. 2, Brokers Act is amended bv striking out "Superintendent" m
amended -^ o i-
the third line and inserting in lieu thereof "Registrar".
^•|^0- 1960, 9, Section 21 of The Real Estate and Business Brokers Act
amended is amended by striking out "Superintendent" in the third line
and inserting in lieu thereof "Registrar".
10. Section 23 of The Real Estate and Business Brokers Act
R.S.O. I960,
c. .344. s. 23, . . , . ,, . • I-
amended is amended by strikmg out "Supernitendent" ni the third Ime
and inserting in lieu thereof "Registrar".
^1^0.1960, XI, xhe heading preceding section 24 of The Real Estate
heading, and Business Brokers Act is amended by striking out "Superin-
a YY\ A 11 Q ft Q •> c*
texdknt" and inserting in lieu thereof "Registrar".
?\l44: 8.^24! 12.-^(1) Subsection 1 of section 24 of The Real Estate and
re-enacted Business Brokers Act is repealed and the following substituted
therefor:
Order to
investigate
(1) Where upon a statement made under oath it appears
probable to the Registrar that a person has,
(a) contravened any of the provisions of this Act
or the regulations; or
1953-54,
o. 51 (Can.)
(b) committed an ofTence under the Criminal Code
(Canada) in connection with a trade in real
estate,
R.S.O. I960,
c. 344, 8. 24,
fm^'lnd'ed inserting
or
the Registrar or such other person as the Superin-
tendent may appoint may make such investigation
as the Registrar deems expedient for the due ad-
ministration of this Act.
(2) Subsection 2 of the said section 24 is amended by
serting after "investigation" in the first line "the Registrar
0^144,' s.^24; i^) Subsection 4 of the said section 24 is amended by
amended Striking out "appointed to make" in the first line and inserting
in lieu thereof "making".
127
(4) Subsection 5 of the said section 24 is amended by ^-140. i960,
striking out "Where aii\- such investigation is ordered" in the^u^s^l^^
first line.
(5) Subsection 6 of the said section 24 is amended by striking RS^O- 1960,
out "Superintendent" in ihc third line and inserting in lieu subs. 6, ' "
•7 . ,, amended
thereof Registrar .
13. Section 25 of The Real Estate and Business Brokers Acf^-f^'l^H^^
is amended by striking out "Superintendent" in the second amended
line, in the ninth line and in the twelfth line and inserting in
lieu thereof in each instance "Registrar".
14. Section 26 of The Real Estate and Business Brokers Act R«-0. i960,
. . (I 1 o • M • I °- 344, 8. 26,
is amended by stnkuig out the Supermtendent or m the amended
second and third lines.
15. Section 27 of The Real Estate and Business Brokers Act^-^-^- 1^^\
is amended by striking out "the Superintendent" in the first '*'"^"''®<^
line and inserting in lieu thereof "Registrar".
16. Section 28 of The Real Estate and Business Brokers Act^-^^-^^^^'
is amended by striking out "Superintendent" in the second ^™®"d®<i
line and inserting in lieu thereof "Registrar".
17.— (1) Subsection 1 of section 29 of The Real Estate andf-^;^^-l^l^-
Business Brokers Act is amended by striking out "Superin-|'^'|^^^^
tendent" in the first line, in the eighth line and in the twenty-
second line and inserting in lieu thereof in each instance
"Registrar".
(2) Subsection 3 of the said section 29 is amended by f.^|4^; s.^lg]
striking out "Superintendent" in the second line and in thel'^^l^^g^
eighth and ninth lines and inserting in lieu thereof in each
instance "Registrar".
18. Section 30 of The Real Estate and Business Brokers -4c/ J^f^^- g^^J]'
is amended by striking out "Superintendent" in the second """'®"<^®'*
line and inserting in lieu thereof "Registrar".
19.— (1) Subsection 2 of section 31 of The Real Estate atidf-^;^^-l^ll
Business Brokers Act is amended by striking out "Registrar" ''"•'s- 2,
I II- 1 • • • 1- 1 r wo • amended
in the second fine and msertnig ni heu thereof Superm-
tendent".
(2) Subsections 3 and 4 of the said section 31 are repealed ,^|4^- g^lj-
and the following substituted therefor: aubss.'s, 4, '
'^ re-enaoted
(3) Upon a review, the Superintendent may heiir such ^'^''*'*^"*'®
evidence as is submitted to him that in his opinion
is relevant to the review and he is not bound b^' an\
127
law respecting the admissibility of evidence, and the
oral evidence submitted shall be taken down in
writing and, together with such documentary evi-
dence and things as are received in evidence, forms
the record.
Power to
summon
-witnesses,
etc.
(4) Upon a review, the Superintendent has the same
power to summon and enforce the attendance of
witnesses and to compel them to give evidence on
oath or otherwise and to produce documents, records
and things as is vested in the Supreme Court or a
judge thereof for the trial of civil actions, but the
rules of court or of law relating to the service of
subpoenaes upon, and to the payment of conduct
money or witness fees to, witnesses do not apply.
Power on
review
(4a) Upon a review, the Superintendent may by order
direct the Registrar to make such direction, decision,
order or ruling or to do such other act as the Registrar
is authorized to do under this Act or the regulations
and as the Superintendent deems proper having
regard to the material and submissions before him
and to the provisions of this Act and the regulations,
and the Registrar shall make such direction, decision,
order or ruling or do such act accordingly.
R.s O:.i960, 20. Section 33 of The Real Estate and Business Brokers Act
C. 344, s. 33, . . . lo • 1 )> • 1
amended is amended by strikmg out ' Supermtendent m the second
line, in the fourth line and in the seventh line and inserting
in lieu thereof in each instance "Registrar".
R.s.o. I960, 21. Section 34 of The Real Estate and Business Brokers Act
c 344 s 34
amended ' is amended by striking out "Superintendent" in the second
line and inserting in lieu thereof "Registrar".
R.s^o. I960, 22. Section 38 of The Real Estate and Business Brokers Act
amended ' is amended by striking out "Superintendent" in the first and
second lines, in the second line and in the fourth line and
inserting in lieu thereof in each instance "Registrar".
R.s.o. I960, 33. Section 48 of The Real Estate and Business Brokers Act
amended ' is amended by striking out "Superintendent" in the third
line and inserting in lieu thereof "Registrar".
R.s.o. I960,
C. 344,
amended
24. The Real Estate and Business Brokers Act is amended
by adding thereto the following sections:
127
TRADING IN SUHDIViSION LOTS
54fl. Ill sections 54b to 54//, "subdivision" means improved tatum"^^'
or unimproved land divided or proposed to be
divided into live or more lots or other units for the
purpose of sale or lease.
546. — (1) No person shall, in any capacity, trade in real ^f^.fgfjjf j*^^"^
estate, where the real estate is a lot or unit of lando"*^'^®
... . . . Ontario,
in a subdivision located outside Ontario, until there prospectus --
has been filed with the Registrar a prospectus con-
taining the prescribed information and until there
has been obtained from the Registrar a certificate of
acceptance thereof.
(2) No person shall make any representation, written or ^pj?^'^j^^g^.
oral, that the Superintendent or the Registrar has *^5|^')^gP''o-
passed upon the financial standing, fitness or conduct
of any person in connection with any such prospectus
or upon the merits of any such prospectus.
54c. — (1) No person shall, either as a vendor or as a ^J'^J*®''*"^
broker or salesman, enter into or negotiate any delivered to
' -.-11 purchaser
contract tor the sale or lease oi a lot or a unit oi land
in a subdivision located outside Ontario unless,
(a) a copy of the prospectus referred to in sec-
tion 54b has been delivered to the prospective .
purchaser or tenant, as the case may bp; and
(b) the prospective purchaser or tenant has in
writing acknowledged receipt of a copy of
the prospectus and that he has been afforded
the opportunity to read it.
(2) Every acknowledgement referred to in subsection 1 ^^ge^ent to
shall be retained by the vendor or broker and be ^® retained
.,,,,. . . . for
available for inspection by the Registrar for a period inspection
of not less than three years.
(3) A purchaser or tenant who has entered into a ^^^|^j, p"''-
contract where subsection 1 applies is entitled to entitled to
^ , .,. ' ' rescission
recission oi the contract it,
(a) subsection 1 has not been complied with ; and
(b) written notice of exercising the right of re-
cission is served on the vendor or broker
within ninety days of the signing of the con-
tract.
127
proof °^ ('^^ ^" ^" action for recission under subsection 3, the
onus of proving compliance with subsection 1 rests
upon the vendor.
^*^|^ (5) The right of recission provided in this section is in
preserved addition to any other rights that the purchaser or
tenant may have in respect of the contract.
ii^sifppoVt ^'^^- Each prospectus submitted to the Registrar for filing
of prospectus shall be accompanied by,
(a) an affidavit of the owner of the subdivision or,
where the owner is a corporation, any three
directors thereof, as to the correctness of every
matter of fact stated in the prospectus;
(b) a copy of ever>- plan referred to in the pros-
pectus;
(c) a copy of every form of contract referred to in
the prospectus;
(d) such documents as the Registrar may require
to support any statement of fact, proposal or
estimate set out in the prospectus;
(e) such financial particulars of the owner as the
Registrar may require; and
(J) the prescribed fees.
Conditions 54^. The Registrar shall not grant a certificate of ciccep-
precedent f • i
to grant of tance where it appears that,
certificate
(a) the prospectus contains any statement,
promise or forecast that is misleading, false or
deceptive, or has the effect of concealing
material facts;
(b) adequate provision has not been made for the
protection of deposits or other funds of pur-
chasers or for assurance of title or other
interest contracted for;
(c) the prospectus fails to comply in any sub-
stantial respect with any of the requirements
prescribed ;
(d) the requirements of section 54d have not been
complied with in any substantial respect.
127
54/. — (1) The Registrar may, before issuing a certificate |^^<i"^"®^'
of acceptance, make such inquiries as he deems
necessary, including,
(a) an examination of the subdivision and any of
the surrounding circumstances;
(b) the obtaining of reports from public authorities
or others in the jurisdiction in which the sub-
division is located.
(2) The reasonable and proper costs of such inquiries or^^^*^®
reports shall be borne by the person on whose behalf
the prospectus was filed.
54g. The Registrar shall grant the certificate of acceptance Registrar^
where the requirements of this Act and the regulations
have been complied with and in his opinion such
action is in the public interest, but he shall not
refuse to grant such a certificate without giving the
person on whose behalf the prospectus was filed an
opportunity to be heard.
54h. Where the Registrar has refused to grant or has ^®j^^®j^^^^^_
revoked a certificate of acceptance, sections 30 to 34dent. and
. , . '^ appeal
apply mutaHs mntanats.
54i. — (1) If a change occurs with regard to any of the ^^J^^J^^^e in
matters set out in any prospectus, stances
(a) that would have the effect of rendering a
statement in the prospectus false or mis-
leading; or
(b) that brings into being a fact or proposal that
should have been disclosed in the prosj^ectus
if the fact or proposal had existed at the time
of filing,
the person who filed the prospectus shall, within
twenty days of the change occurring, notify the
Registrar in writing of the change and shall file an
amendment to the prospectus or a new prospectus
as the Registrar may direct.
(2) Where trading in real estate mentioned in section 546 ^j-oapectus
is still in progress twelve months from the date of^g^nf^nths
the filing of the last prospectus, a new jirosfK'ctus
shall be filed with the Registrar within twenty days
from the expiration of such twelve-month period.
127
Application
of 68. 54a-
54 A.
(3) Sections 54a to 54/i apply mutatis mutandis where a
prospectus is amended or a new prospectus is filed
under subsection 1 or 2.
stop orders
Sij. Where it appears to the Registrar, subsequent to the
filing of a prospectus and the granting of a certificate
of acceptance therefor, that any of the conditions
referred to in section 54g exist or where in his opinion
such action is necessary in the public interest, he
may, after giving the person on whose behalf the
prospectus was filed an opportunity to be heard,
revoke the certificate of acceptance and order that
all trading in the subdivision to which the prospectus
refers shall cease forthwith.
c!"f44' s.^55; 25. Section 55 of The Real Estate and Business Brokers Act
amended ]g amended by adding thereto the following subsection:
Maximum
fine, cor-
porations
(2) Where a corporation is convicted of an ofTence under
subsection 1, the maximum fine that may be imposed
is $25,000 and not as provided therein.
f'.'tS' s.^58' ^^* — (^) Section 58 of The Real Estate and Business Brokers
amended j^ct is amended by adding thereto the following clauses:
(da) prescribing the fees payable upon the filing of a
prospectus:
(fa) prescribing the information required to be contained
in a prospectus.
c^'f44' 8^58 (^^ Clause g of the said section 58 is repealed and the
ci- «• ^ J following substituted therefor:
re-enacted '^
is) prescribing the requirements, qualifications, etc., for
the granting or renewal of registration.
^'344' 8^59' ^'^' Section 59 of 71ie Real Estate and Business Brokers Act
amended ' ig amended by striking out "Superintendent or" in the third
line.
ment"^"^*^^ 28. This Act comes into force on the day it receives Royal
Assent.
Short title 29. This Act may be cited as The Real Estate and Business
Brokers Amendment Act, 1962-63.
127
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BILL 127
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Real Estate and Business Brokers Act
Mr. Cass
(Reprinted as amended by the Committee on Legal Bills)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The purpose of this Bill is,
(1) to transfer the routine administrative functions from the Superin-
tendent of Insurance to the Registrar of Real Estate and Business
Brokers;
(2) to provide that the Registrar shall not cancel, etc., a registration
without affording the registrant an opportunity to be heard;
(3) to provide the right to a hearing and review by the Superinten-
dent of Insurance of any order of the Registrar cancelling, etc., a
registration;
(4) to provide control over sales in Ontario of land outside Ontario;
(5) to increase, in the case of a corporation, the maximum fine that
may be imposed for offences under the Act.
^^ha ^.:v
127
BILL 127 1962-63
An Act to amend
The Real Estate and Business Brokers Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Section 6 of The Real Estate and Business Brokers^-f-^- '^^^^'
. . . . c. 344, S. 6,
Act is amended by strikmg out "Superintendent" m the first amended
line and inserting in lieu thereof "Registrar".
(2) The said section 6 is further amended by adding thereto R-S.o. i960.
the following subsection: amended
(2) The Registrar shall not refuse to grant or to renew Refusal of
• • .. ■• , <• rGgistrfttion
registration without giving the applicant an oppor-
tunity to be heard.
2. Section 7 of The Real Estate and Business Brokers ^ci^|^o. i960,
is amended by striking out "Superintendent" in the first line amended
and inserting in lieu thereof "Registrar, after giving the
registrant an opportunity to be heard", so that the section
shall read as follows:
7. The Registrar, after giving the registrant an oppor- suspensi^on,
tunity to be heard, shall suspend or cancel a registra-
tion where in his opinion such action is in the public
interest.
3. Subsection 1 of section 8 of The Real Estate and Business f-^;^- g^|°'
Brokers Act is amended by striking out "Superintendent" in subs, i
3,m6riQ6ci
the third line and in the eighth line and inserting in lieu
thereof in each instance "Registrar".
4. Section 9 of The Real Estate and Business Brokers Act is^-f^^-^^l^'
amended by striking out "Superintendent" in the first line amended
and inserting in lieu thereof "Registrar".
5. Subsection 1 of section 10 of The Real Estate and Business f'/s^', Ifio',
Brokers Act is amended by striking out "Superintendent" in|^|j^j^^^
the second line and inserting in lieu thereof "Registrar".
127
?"|ji9' P?o' 6» Section 12 of The Real Estate and Business Brokers Act
amended is amended by striking out "and shall when so directed by
the Superintendent" in the first and second lines.
7. Section 13 of The Real Estate and Business Brokers Act
R.S.O. I960,
C. 344, 8. 13, . , . r- •
amended is amended by striking out "Superintendent" in the first and
second lines and inserting in lieu thereof "Registrar".
^•f;9" P?7' 8. Subsection 2 of section 17 of The Real Estate and Business
subs. 2, Brokers Act is amended by striking out "Superintendent" in
the third line and inserting in lieu thereof "Registrar".
amended
^■f;9' Po?" ^« Section 21 of The Real Estate and Business Brokers Act
c. 344, S. 21,
amended is amended by striking out "Superintendent" in the third line
and inserting in lieu thereof "Registrar".
10. Section 23 of The Real Estate and Business Brokers Act
R.S.O. I960,
C. 344, S. 23, . . . o •
amended is amended by striking out "Superintendent" in the third line
and inserting in lieu thereof "Registrar".
^■344' ■^^^°' 11* The heading preceding section 24 of The Real Estate
heading and Business Brokers Act is amended by striking out "superin-
tendent" and inserting in lieu thereof "registrar".
R.S.O. I960,
C. 344, S. 24,
subs. 1,
re-enacted
12. — (1) Subsection 1 of section 24 of The Real Estate and
Business Brokers Act is repealed and the following substituted
therefor:
Order to
investigate
(1) Where upon a statement made under oath it appears
probable to the Registrar that a person has,
(a) contravened any of the provisions of this Act
or the regulations; or
1953-54,
c. 51 (Can.)
(b) committed an offence under the Criminal Code
(Canada) in connection with a trade in real
estate.
the Registrar or such other person as the Superin-
tendent may appoint may make such investigation
as the Registrar deems expedient for the due ad-
ministration of this Act.
(2) Subsection 2 of the said section 24 is amended by
R.S.O. I960,
C. 344, S. 24, _ .... . -
amended inserting after "investigation" in the first line "the Registrar
or".
R.S.O. 1960,
c. 344, s. 24,
subs. 4,
amended
(3) Subsection 4 of the said section 24 is amended by
striking out "appointed to make" in the first line and inserting
in lieu thereof "making".
127
(4) Subsection 5 of the said section 24 is amended by ^f^^- 1^|2'
striking out "Where any such investigation is ordered" in thes^^s^B
first line.
(5) Subsection 6 of the said section 24 is amended by striking ^l;^- 1^^^.
out "Superintendent" in the third line and inserting in lieusiibs. 6. '
, r iiT-t • ) ) amended
thereof Registrar .
13. Section 25 of The Real Estate and Business Brokers Act^-^;.^- P^o,
C. a44, S. ^o,
is amended by striking out "Superintendent" in the second amended
line, in the ninth line and in the twelfth line and inserting in
lieu thereof in each instance "Registrar".
14. Section 26 of The Real Estate and Business Brokers Act^-^o. i960.
,11 M • i( I o • 1 M • 1 <^- S"*"*. s. 26.
IS amended by stnkmg out the Supenntendent or m the amended
second and third lines.
15. Section 27 of The Real Estate and Business Brokers A ct^f;^' 1^27',
is amended by striking out "the Superintendent" in the first*'^®"^®'^
line.
16. Section 28 of The Real Estate and Business Brokers Act^-f;^- g.^ls,'
is amended by striking out "Superintendent" in the second ^™®'^^®^
line and inserting in lieu thereof "Registrar".
17.— (1) Subsection 1 of section 29 of The Real Estate andf-f^^'l^^^'
Business Brokers Act is amended by striking out "Superin- 1^|^ J^^^
tendent" in the first line, in the eighth line and in the twenty-
second line and inserting in lieu thereof in each instance
"Registrar".
(2) Subsection 3 of the said section 29 is amended by ^144; 8.^29!
striking out "Superintendent" in the second line and in the|^|^ded
eighth and ninth lines and inserting in lieu thereof in each
instance "Registrar".
18. Section 30 of The Real Estate and Business Brokers Actf'-^;^- l^g,o\
is amended by striking out "Superintendent" in the second amended
line and inserting in lieu thereof "Registrar".
19.— (1) Subsection 2 of section 31 of The Real Estate andf-^^^l^l^^
Business Brokers Act is amended by striking out "Registrar" ^ubs^ 2,^
in the second line and inserting in lieu thereof "Superin-
tendent".
(2) Subsections 3 and 4 of the said section 31 are repealed ^•f4^- g ^3?;
and the following substituted therefor: subss's, 4, '
(3) Upon a review, the Superintendent may hear such Evidence
evidence as is submitted to him that in his opinion
is relevant to the review and he is not bound by any
127
law respecting the admissibility of evidence, and the
oral evidence submitted shall be taken down in
writing and, together with such documentary evi-
dence and things as are received in evidence, forms
the record.
Power to
summon
witnesses,
etc.
(4) Upon a review, the Superintendent has the same
power to summon and enforce the attendance of
witnesses and to compel them to give evidence on
oath or otherwise and to produce documents, records
and things as is vested in the Supreme Court or a
judge thereof for the trial of civil actions, but the
rules of court or of law relating to the service of
subpoenaes upon, and to the payment of conduct
money or witness fees to, witnesses do not apply.
Power on
review
(4a) Upon a review, the Superintendent may by order
direct the Registrar to make such direction, decision,
order or ruling or to do such other act as the Registrar
is authorized to do under this Act or the regulations
and as the Superintendent deems proper having
regard to the material and submissions before him
and to the provisions of this Act and the regulations,
and the Registrar shall make such direction, decision,
order or ruling or do such act accordingly.
R-|-0. I960. 20. Section 33 of The Real Estate and Business Brokers Act
amended ' is amended by striking out "Superintendent" in the second
line, in the fourth line and in the seventh line and inserting
in lieu thereof in each instance "Registrar".
R.s.o. I960, 21. Section 34 of The Real Estate and Business Brokers Act
ainended ' is amended by striking out "Superintendent" in the second
line and inserting in lieu thereof "Registrar".
R.s.o. I960, 22. Section 38 of The Real Estate and Business Brokers Act
amended ' is amended by striking out "Superintendent" in the first and
second lines, in the second line and in the fourth line and
inserting in lieu thereof in each instance "Registrar".
R.s.o. I960, 23. Section 48 of The Real Estate and Business Brokers Act
amended ' is amended by striking out "Superintendent" in the third
line and inserting in lieu thereof "Registrar".
?'f44' ^^^^' 24. The Real Estate and Business Brokers Act is amended
amended by adding thereto the following sections:
127
TRADING IN SUBDIVISION LOTS
54a. In sections 546 to 54:h, "subdivision" means improved Jatum'^*
or unimproved land divided or proposed to be
divided into five or more lots or other units for the
purpose of sale or lease.
546. — (1) No person shall, in any capacity, trade in real f fyfgf/jf j^nji
estate, where the real estate is a lot or unit of land ^^*^^^^.^
in a subdivision located outside Ontario, until there prospectus
has been filed with the Registrar a prospectus con-
taining the prescribed information and until there
has been obtained from the Registrar a certificate of
acceptance thereof.
(2) No person shall make any representation, written or ^p^^^g^nta-
oral, that the Superintendent or the Registrar has *^^'>^gP'"°-
passed upon the financial standing, fitness or conduct
of any person in connection with any such prospectus
or upon the merits of any such prospectus.
54c. — (1) No person shall, either as a vendor or as a ^'''ife^®''*"^
broker or salesman, enter into or negotiate ^^^Y n® r^haser*°
contract for the sale or lease of a lot or a unit of land
in a subdivision located outside Ontario unless,
(a) a copy of the prospectus referred to in sec-
tion 546 has been delivered to the prospective
purchaser or tenant, as the case may be; and
(6) the prospective purchaser or tenant has in
writing acknowledged receipt of a copy of
the prospectus and that he has been afforded
the opportunity to read it.
(2) Every acknowledgement referred to in subsection 1 Idgement to
shall be retained by the vendor or broker and be^^^j.'"®*^^'^®**
available for inspection by the Registrar for a period inspection
of not less than three years.
(3) A purchaser or tenant who has entered into a when^ pur-
contract where subsection 1 applies is entitled to entitled to
^ . ^ ^ rescission
rescission of the contract if,
(a) subsection 1 has not been complied with ; and
(6) written notice of exercising the right of re-
cission is served on the vendor or broker
within ninety days of the signing of the con-
tract.
127
. 6
proof °^ ("*) ^" ^" action for rescission under subsection 3, the
onus of proving compliance with subsection 1 rests
upon the vendor.
^g^ta (5) The right of rescission provided in this section is in
preserved addition to any other rights that the purchaser or
tenant may have in respect of the contract.
in sifpiwrt ^^- Each prospectus submitted to the Registrar for fihng
of prospectus ghall be accompanied by,
(a) an affidavit of the owner of the subdivision or,
where the owner is a corporation, any three
directors thereof, as to the correctness of every
matter of fact stated in the prospectus;
(b) a copy of every plan referred to in the pros-
pectus;
(c) a copy of every form of contract referred to in
the prospectus;
(d) such documents as the Registrar may require
to support any statement of fact, proposal or
estimate set out in the prospectus;
(e) such financial particulars of the owner as the
Registrar may require; and
(f) the prescribed fees.
pr^cedent^ 54e'. The Registrar shall not grant a certificate of accep-
to grant of tance where it appears that,
certificate '^
(a) the prospectus contains any statement,
promise or forecast that is misleading, false or
deceptive, or has the effect of concealing
material facts;
(b) adequate provision has not been made for the
protection of deposits or other funds of pur-
chasers or for assurance of title or other
interest contracted for;
(c) the prospectus fails to comply in any sub-
stantial respect with any of the requirements
prescribed ;
(d) the requirements of section 54<i have not been
complied with in any substantial respect.
127
54/. — (1) The Registrar may, before issuing a certificate ^^^<i"'"®S'
of acceptance, make such inquiries as he deems
necessary, including,
(a) an examination of the subdivision and any of
the surrounding circumstances;
(b) the obtaining of reports from public authorities
or others in the jurisdiction in which the sub-
division is located.
(2) The reasonable and proper costs of such inquiries or ^°®*^
reports shall be borne by the person on whose behalf
the prospectus was filed.
54:g. The Registrar shall grant the certificate of acceptance ReSstra^/
where the requirements of this Act and the regulations
have been complied with and in his opinion such
action is in the public interest, but he shall not
refuse to grant such a certificate without giving the
person on whose behalf the prospectus was filed an
opportunity to be heard.
54h. Where the Registrar has refused to grant or has?'®^'®^^'^^
.^ . bupermten-
revoked a certificate of acceptance, sections 30 to 34 dent, and
apply mutatis mutandis.
54i. — (1) If a change occurs with regard to any of the '^^^'^^^ ^"^
circum-
matters set out in any prospectus, stances
(a) that would have the efi'ect of rendering a
statement in the prospectus false or mis-
leading; or
(b) that brings into being a fact or proposal that
should have been disclosed in the prospectus
if the fact or proposal had existed at the time
of filing,
the person who filed the prospectus shall, within
twenty days of the change occurring, notify the
Registrar in writing of the change and shall file an
amendment to the prospectus or a new prospectus
as the Registrar may direct.
(2) Where trading in real estate mentioned in section 546 ^roTpectus
is still in progress twelve months from the date offX®^^ *v,
^L /^i- r 1 1 ■^■^ months
tne tiling ot the last prospectus, a new prospectus
shall be filed with the Registrar within twenty days
from the expiration of such twelve-month period.
127
. 8
Application /3'\ Sections 54a to 54/t apply mutatis mutandis where a
of 86. 54o- ^ ' . * '^ •' • /-, ,
64* prospectus is amended or a new prospectus is filed
under subsection 1 or 2.
stop orders 54^' Where it appears to the Registrar, subsequent to the
filing of a prospectus and the granting of a certificate
of acceptance therefor, that any of the conditions
referred to in section 54e exist or where in his opinion
such action is necessary in the public interest, he
may, after giving the person on whose behalf the
prospectus was filed an opportunity to be heard,
revoke the certificate of acceptance and order that
all trading in the subdivision to which the prospectus
refers shall cease forthwith.
■^•o;9' Per' 25. Section 55 of The Real Estate and Business Brokers Act
amended jg amended by adding thereto the following subsection:
Maximum (2) Where a corporation is convicted of an offence under
fine, cor- ^ ^ • ^ , • r a l- j
porations subsection 1, the maximum fine that may be imposed
is $25,000 and not as provided therein.
R.s.o. I960, 26. — (1) Section 58 of The Real Estate and Business Brokers
c 344 s 58
amended ' Act \s amended by adding thereto the following clauses:
(da) prescribing the fees payable upon the filing of a
prospectus;
(fa) prescribing the information required to be contained
in a prospectus.
R.s.o. I960. (2) Clause g of the said section 58 is repealed and the
ci. g, ' ' ' following substituted therefor:
re-enacted
(g) prescribing the requirements, qualifications, etc., for
the granting or renewal of registration.
R.s.o. I960, 27. Section 59 of The Real Estate and Business Brokers Act
amended ' is amended by striking out "Superintendent or" in the third
line.
mlnt^^^"^^' 28. This Act comes into force on the day it receives Royal
Assent.
Short title 29. This Act may be cited as The Real Estate and Business
Brokers Amendment Act, 1962-63.
127
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BILL 127
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Real Estate and Business Brokers Act
Mr. Cass
{Reprinted as amended by the Committee of the Whole House)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The purpose of this Bill is,
(1) to transfer the routine administrative functions from the Superin-
tendent of Insurance to the Registrar of Real Estate and Business
Brokers;
(2) to provide that the Registrar shall not cancel, etc., a registration
without affording the registrant an opportunity to be heard;
(3) to provide the right to a hearing and review by the Superinten-
dent of Insurance of any order of the Registrar cancelling, etc., a
registration ;
(4) to provide control over sales in Ontario of land outside Ontario;
(5) to increase, in the case of a corporation, the maximum fine that
may be imposed for offences under the Act.
127
BILL 127 1962-63
An Act to amend
The Real Estate and Business Brokers Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Section 6 of The Real Estate and Business Brokers^-^-^-'^^^^-
Act is amended by striking out "Superintendent" in the first amended
line and inserting in lieu thereof "Registrar".
(2) The said section 6 is further amended by adding thereto R-|-0- 1960,
the following subsection : amended
(2) The Registrar shall not refuse to grant or to renew Refusal of
. . .. .. ^ I* r6gistr£itJion
registration without giving the applicant an oppor-
tunity to be heard.
2. Section 7 of The Real Estate and Business Brokers -^c/^l^^-l^so,
is amended by striking out "Superintendent" in the first line amended
and inserting in lieu thereof "Registrar, after giving the
registrant an opportunity to be heard", so that the section
shall read as follows:
7. The Registrar, after giving the registrant an oppor- ^^^ly^^^^^^
tunity to be heard, shall suspend or cancel a registra-
tion where in his opinion such action is in the public
interest.
3. Subsection 1 of section 8 of The Real Estate and Business ^f;^- l^f^'
Brokers Act is amended by striking out "Superintendent" insubs^i,^
the third line and in the eighth line and inserting in lieu
thereof in each instance "Registrar".
4. Section 9 of The Real Estate and Business Brokers Act is ^f^^- ^^3°*
amended by striking out "Superintendent" in the first lineaniended
and inserting in lieu thereof "Registrar".
5. Subsection 1 of section 10 of The Real Estate and Business ^144; lflo\
Brokers Act is amended by striking out "Superintendent" in|^|nded
the second line and inserting in lieu thereof "Registrar".
127
^•|^^. 1960, g. Section 12 of The Real Estate and Business Brokers Act
amended is amended by striking out "and shall when so directed by
the Superintendent" in the first and second lines.
R.S.O. I960,
c. 344, 8. 13. .
amended is amended by striking out
7. Section 13 of The Real Estate and Business Brokers Act
Superintendent" in the first and
second lines and inserting in lieu thereof "Registrar".
8. Subsection 2 of section 17 of The Real Estate and Business
Brokers Act is amended by striking out "Superintendent" in
the third line and inserting in lieu thereof "Registrar".
?"f44s^2i' ^* Section 21 of The Real Estate and Business Brokers Act
amended is amended by striking out "Superintendent" in the third line
and inserting in lieu thereof "Registrar'
10. Section 23 of The Real Estate and Business Brokers Act
R.S.O. i960,
C. 344, S. 23, .
amended is amended by striking out "Superintendent" in the third line
and inserting in lieu thereof "Registrar'
R.S.O. I960,
c. 344,
heading,
amended
11. The heading preceding section 24 of The Real Estate
and Business Brokers Act is amended by striking out "superin-
tendent" and inserting in lieu thereof "registrar".
c.'344," 8. 24^ 12. — (1) Subsection 1 of section 24 of The Real Estate and
re-enacted Business Brokers Act is repealed and the following substituted
therefor :
Order to
investigate
(1) Where upon a statement made under oath it appears
probable to the Registrar that a person has,
(a) contravened any of the provisions of this Act
or the regulations; or
1953-54,
c. 51 (Can.)
{b) committed an offence under the Criminal Code
(Canada) in connection with a trade in real
estate,
the Registrar or such other person as the Superin-
tendent may appoint may make such investigation
as the Registrar deems expedient for the due ad-
ministration of this Act.
c!'f44," 8.^24! (2) Subsection 2 of the said section 24 is amended by
amended inserting after "investigation" in the first line "the Registrar
or".
c^'f44,' 8.^24; (>5) Subsection 4 of the said section 24 is amended by
amended Striking out "appointed to make" in the first line and inserting
in lieu thereof "making".
127
(4) Subsection 5 of the said section 24 is amended by ^f^^- 1^|2;
striking out "Where any such investigation is ordered" in the|^|^5^^
first line.
(5) Subsection 6 of the said section 24 is amended by striking R'f 9- 1960,
^ ' .... , . . . ,. C. 344, S. 24,
out "Superintendent" m the third hne and msertmg m heusubs. 6,
. r an • M amended
thereof Registrar .
13. Section 25 of The Real Estate and Business Brokers Ad^-f-^- 1^25'.
is amended by striking out "Superintendent" in the second amended
line, in the ninth line and in the twelfth line and inserting in
lieu thereof in each instance "Registrar".
14. Section 26 of The Real Estate and Business Brokers Actff^- 1960,
is amended by striking out "the Superintendent or" in the amended
second and third lines.
15. Section 27 of The Real Estate and Business Brokers Act^f;^- g^fy;
is amended by striking out "the Superintendent" in the first ^'"®'^^®'^
line.
16. Section 28 of The Real Estate and Business Brokers Actf-f^- ^^|§;
is amended by striking out "Superintendent" in the second ^™®"^®^
line and inserting in lieu thereof "Registrar".
17.— (1) Subsection 1 of section 29 of The Real Estate andf-^^^l^^^-
Business Brokers Act is amended by striking out "Superin- |^|j:^^^^
tendent" in the first line, in the eighth line and in the twenty-
second line and inserting in lieu thereof in each instance
"Registrar".
(2) Subsection 3 of the said section 29 is amended by c. ■344' s. 29!
striking out "Superintendent" in the second line and in the|^|nded
eighth and ninth lines and inserting in lieu thereof in each
instance "Registrar".
18. Section 30 of The Real Estate and Business Brokers Act^-f;^- l%o',
is amended by striking out "Superintendent" in the second amended
line and inserting in lieu thereof "Registrar".
19.— (1) Subsection 2 of section 31 of The Real Estate andf-f;^l^l^i
Business Brokers Act is amended by striking out "Registrar" |^|j:^|^j
in the second line and inserting in lieu thereof "Superin-
tendent".
(2) Subsections 3 and 4 of the said section 31 are repealed ^-14^ • g^fi;
and the following substituted therefor: re-e1fac1;ed' '
(3) Upon a review, the Superintendent may hear such Evidence
evidence as is submitted to him that in his opinion
is relevant to the review and he is not bound by any
127
law respecting the admissibility of evidence, and the
oral evidence submitted shall be taken down in
writing and, together with such documentary evi-
dence and things as are received in evidence, forms
the record.
l!P^^''«t° (4) Upon a review, the Superintendent has the same
summon \ / i- r-
witnesses, power to summon and enforce the attendance of
witnesses and to compel them to give evidence on
oath or otherwise and to produce documents, records
and things as is vested in the Supreme Court or a
judge thereof for the trial of civil actions, but the
rules of court or of law relating to the service of
subpoenaes upon, and to the payment of conduct
money or witness fees to, witnesses do not apply.
Power on (4^) Upon a review, the Superintendent may by order
direct the Registrar to make such direction, decision,
order or ruling or to do such other act as the Registrar
is authorized to do under this Act or the regulations
and as the Superintendent deems proper having
regard to the material and submissions before him
and to the provisions of this Act and the regulations,
and the Registrar shall make such direction, decision,
order or ruling or do such act accordingly.
R.s.o. I960, 20. Section 33 of The Real Estate and Business Brokers Act
O. o44, S. AS,
amended is amended by striking out "Superintendent" in the second
line, in the fourth line and in the seventh line and inserting
in lieu thereof in each instance "Registrar".
R.s.o. I960. 21. Section 34 of The Real Estate and Business Brokers Act
ainended ' is amended by striking out "Superintendent" in the second
line and inserting in lieu thereof "Registrar".
R.s.o. I960. 22. Section 38 of The Real Estate and Business Brokers Act
amended ' is amended by striking out "Superintendent" in the first and
second lines, in the second line and in the fourth line and
inserting in lieu thereof in each instance "Registrar".
R.s.o. I960. 23. Section 48 of The Real Estate and Business Brokers Act
amended ' is amended by striking out "Superintendent" in the third
line and inserting in lieu thereof "Registrar".
?"f44' ^^^^' 24. The Real Estate and Business Brokers Act is amended
amended by adding thereto the following sections:
127
TRADING IN SUBDIVISION LOTS
54a. In sections 54& to 54^, "subdivision" means improved tatkm"^*"
or unimproved land divided or proposed to be
divided into five or more lots or other units for the
purpose of sale or lease.
546. — (1) No person shall, in any capacity, trade in real ^fvfskm^iand
estate, where the real estate is a lot or unit of land^^*^^^^^
in a subdivision located outside Ontario, until there Prospectus
has been filed with the Registrar a prospectus con-
taining the prescribed information and until there
has been obtained from the Registrar a certificate of
acceptance thereof.
(2) No person shall make any representation, written or ^p^^^g^nta-
oral, that the Superintendent or the Registrar has^^Pjj'^^gP'"^-
passed upon the financial standing, fitness or conduct
of any person in connection with any such prospectus
or upon the merits of any such prospectus.
54c. — (1) No person shall, either as a vendor or as afj'be^®"*"^
broker or salesman, enter into or negotiate any ^®^^^J®^|^j.to
contract for the sale or lease of a lot or a unit of land
in a subdivision located outside Ontario unless,
(a) a copy of the prospectus referred to in sec-
tion 546 has been delivered to the prospective
purchaser or tenant, as the case may be; and
(6) the prospective purchaser or tenant has in
writing acknowledged receipt of a copy of
the prospectus and that he has been afforded
the opportunity to read it.
(2) Every acknowledgement referred to in subsection 1 ^cfgeme^nt to
shall be retained by the vendor or broker and be^^fj.^"®***"®^
available for inspection by the Registrar for a period inspection
of not less than three years.
(3) A purchaser or tenant who has entered into a when^ pur-
contract where subsection 1 applies is entitled to entitled to
r , •<■ rescission
rescission ot the contract if,
(a) subsection 1 has not been complied with ; and
(b) written notice of exercising the right of re-
scission is served on the vendor or broker
within ninety days of the signing of the con-
tract.
127
Onus of
proof
(4) In an action for rescission under subsection 3, the
onus of proving compliance with subsection 1 rests
upon the vendor.
other
rights
preserved
(5) The right of rescission provided in this section is in
addition to any other rights that the purchaser or
tenant may have in respect of the contract.
Material
In support
of prospectus
54:d. Each prospectus submitted to the Registrar for filing
shall be accompanied by,
(a) an affidavit of the owner of the subdivision or,
where the owner is a corporation, any three
directors thereof, as to the correctness of every
matter of fact stated in the prospectus;
(b) a copy of every plan referred to in the pros-
pectus;
(c) a copy of every form of contract referred to in
the prospectus;
(d) such documents as the Registrar may require
to support any statement of fact, proposal or
estimate set out in the prospectus;
(e) such financial particulars of the owner as the
Registrar may require ; and
(f) the prescribed fees.
Conditions
precedent
to grant of
certificate
54e. The Registrar shall not grant a certificate of accep-
tance where it appears that,
(a) the prospectus contains any statement,
promise or forecast that is misleading, false or
deceptive, or has the effect of concealing
material facts;
(b) adequate provision has not been made for the
protection of deposits or other funds of pur-
chasers or for assurance of title or other
interest contracted for;
(c) the prospectus fails to comply in any sub-
stantial respect with any of the requirements
prescribed ;
(d) the requirements of section 54d have not been
complied with in any substantial respect.
127
54/. — (1) The Registrar may, before issuing a certificate ^^^^"'r^®^'
of acceptance, make such inquiries as he deems
necessary, including,
(a) an examination of the subdivision and any of
the surrounding circumstances;
(b) the obtaining of reports from public authorities
or others in the jurisdiction in which the sub-
division is located.
(2) The reasonable and proper costs of such inquiries or ^°^*^
reports shall be borne by the person on whose behalf
the prospectus was filed.
54:g. The Registrar shall grant the certificate of acceptance Re^ltrar^
where the requirements of this Act and the regulations
have been complied with and in his opinion such
action is in the public interest, but he shall not
refuse to grant such a certificate without giving the
person on whose behalf the prospectus was filed an
opportunity to be heard.
54^. Where the Registrar has refused to grant or has ^j^J^®^^^^^.
revoked a certificate of acceptance, sections 30 to 34 dent, and
, . appeal
apply mutatis mutandis.
54ci. — (1) If a change occurs with regard to any of the Qj^^fJ^j^e in
matters set out in any prospectus, stances
(a) that would have the effect of rendering a
statement in the prospectus false or mis-
leading; or
(b) that brings into being a fact or proposal that
should have been disclosed in the prospectus
if the fact or proposal had existed at the time
of filing,
the person who filed the prospectus shall, within
twenty days of the change occurring, notify the
Registrar in writing of the change and shall file an
amendment to the prospectus or a new prospectus
as the Registrar may direct.
(2) Where trading in real estate mentioned in section 546^o^pectus
is still in progress twelve months from the date of i2*^onth3
the filing of the last prospectus, a new prospectus
shall be filed with the Registrar within twenty days
from the expiration of such twelve-month period.
127
8
Application
of ss. 54 a-
54 /t
(3) Sections 54a to 54^ apply mutatis mutandis where a
prospectus is amended or a new prospectus is filed
under subsection 1 or 2.
stop orders
54j. Where it appears to the Registrar, subsequent to the
filing of a prospectus and the granting of a certificate
of acceptance therefor, that any of the conditions
referred to in section 54e exist or where in his opinion
such action is necessary in the public interest, he
may, after giving the person on whose behalf the
prospectus was filed an opportunity to be heard,
revoke the certificate of acceptance and order that
all trading in the subdivision to which the prospectus
refers shall cease forthwith.
R.S.O. I960,
c. 344, 8. 55,
amended
25. Section 55 of The Real Estate afid Business Brokers Act
is amended by adding thereto the following subsection:
Maximum
fine, cor-
porations
(2) Where a corporation is convicted of an offence under
subsection 1, the maximum fine that may be imposed
is $25,000 and not as provided therein.
R.S.O. I960.
0. 344, 8. 58,
amended
26. — (1) Section 58 of The Real Estate and Business Brokers
Act is amended by adding thereto the following clauses:
(da) prescribing the fees payable upon the filing of a
prospectus :
(fa) prescribing the information required to be contained
in a prospectus.
R.S.O. I960.
344,' 8. is! (2) Clause g of the said section 58 is repealed and the
cl. g,
re-enacted
following substituted therefor:
(g) prescribing the requirements, qualifications, etc., for
the granting or renewal of registration.
^■344; 8.^59; 27. Section 59 of The Real Estate and Business Brokers Act
amended jg amended by striking out "Superintendent or" in the third
line.
ment ' 28. — (1) This Act, except section 24, comes into force on
the day it receives Royal Assent.
Idem
(2) Section 24 comes into force on a day to be named by
the Lieutenant Governor by his proclamation. "^C
Short title
29. This Act may be cited as The Real Estate and Business
Brokers Amendment Act, 1962-63.
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BILL 127
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Real Estate and Business Brokers Act
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Quken's Printer
-f .. -r
i.} i 4 f-i
BILL 127 1962-63
An Act to amend
The Real Estate and Business Brokers Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Section 6 of The Real Estate and Business Brokers ^-f^- 1^^^'
Act is amended by striking out "Superintendent" in the first ai^ended
line and inserting in lieu thereof "Registrar".
(2) The said section 6 is further amended by adding thereto JR-|-0- ^^eo,
the following subsection: amended
(2) The Registrar shall not refuse to grant or to renew Refufa'9''
registration without giving the applicant an oppor-
tunity to be heard.
2. Section 7 of The Real Estate and Business Brokers ■Actf'f;^^^^^'
is amended by striking out "Superintendent" in the first linearnended
and inserting in lieu thereof "Registrar, after giving the
registrant an opportunity to be heard", so that the section
shall read as follows:
7. The Registrar, after giving the registrant an oppor- ^"^p|jY||.'j'oj;,
tunity to be heard, shall suspend or cancel a registra-
tion where in his opinion such action is in the public
interest.
3. Subsection 1 of section 8 of The Real Estate and Business f-^;^- ^^|^'
Brokers Act is amended by striking out "Superintendent" in subs, i,
the third line and in the eighth line and inserting in lieu
thereof in each instance "Registrar".
4. Section 9 of The Real Estate and Business Brokers Act is^f^^- ^^|°'
amended by striking out "Superintendent" in the first linean^e^^ed
and inserting in lieu thereof "Registrar".
5. Subsection 1 of section 10 of The Real Estate and Business f" 244', l^io'.
Brokers Act is amended by striking out "Superintendent" in|^ended
the second line and inserting in lieu thereof "Registrar".
127
•^•i;9"P?S' 6. Section 12 of The Real Estate and Business Brokers Act
C. o44, 8. 1^, , . ,
amended is amended by striking out "and shall when so directed by
the Superintendent" in the first and second lines.
R.S.O. I960,
c. 344 8. 13
amended ' is amended by striking out
7. Section 13 of The Real Estate and Business Brokers Act
Superintendent" in the first and
second lines and inserting in lieu thereof "Registrar".
^•|ji9* P?2' 8. Subsection 2 of section 17 of The Real Estate and Business
c. 344, S. 17, . . .
subs. 2 Brokers Act is amended by striking out "Superintendent" in
the third line and inserting in lieu thereof "Registrar".
c^f44s^2i' ^* Section 21 of The Real Estate and Business Brokers Act
amended is amended by striking out "Superintendent" in the third line
and inserting in lieu thereof "Registrar".
10. Section 23 of The Real Estate and Business Brokers Act
R.S.O. I960,
c. 344, 8. 23, .
amended is amended by striking out "Superintendent" in the third line
and inserting in lieu thereof "Registrar".
^•|^^- 19^0' 11. The heading preceding section 24 of The Real Estate
heading and Business Brokers Act is amended by striking out "superin-
amended ,, , . .... , ■'^ ,, ^ ,,
TENDENT and inserting in lieu thereof registrar .
c. '344," 6.^24! 12.— (1) Subsection 1 of section 24 of The Real Estate and
re-enacted Business Brokers Act is repealed and the following substituted
therefor:
Order to
investigate
(1) Where upon a statement made under oath it appears
probable to the Registrar that a person has,
(a) contravened any of the provisions of this Act
or the regulations; or
1953-54,
c. 51 (Can.)
(b) committed an offence under the Criminal Code
(Canada) in connection with a trade in real
estate,
the Registrar or such other person as the Superin-
tendent may appoint may make such investigation
as the Registrar deems expedient for the due ad-
ministration of this Act.
^14^; If 24'. (2) Subsection 2 of the said section 24 is amended by
amended inserting after "investigation" in the first line "the Registrar
or".
o^'f44' 8.^24; (^) Subsection 4 of the said section 24 is amended by
amended Striking out "appointed to make" in the first line and inserting
in lieu thereof "making".
127
(4) Subsection 5 of the said section 24 is amended by ^l^^- 1^^^'
striicing out "Where any such investigation is ordered" in the^^bs. 5
first line.
(5) Subsection 6 of the said section 24 is amended bv striicing R-g.o. i960.
^ c 344 s 24
out "Superintendent" in the third line and inserting in lieusiibs. 6, "
, r an ■ ti amended
thereoi Registrar .
13. Section 25 of The Real Estate and Business Brokers Act^-^-^- g^ls'
is amended by striking out "Superintendent" in the second amended
line, in the ninth line and in the twelfth line and inserting in
lieu thereof in each instance "Registrar".
1-1. Section 26 of The Real Estate and Business Brokers Act^-^P- 1960,
J 1 . -1 • <( 1 o • I M • I «• 344, 8. 26.
IS amended by strikmg out the Supermtendent or ni the amended
second and third lines.
15. Section 27 of The Real Estate and Business Brokers Act^-^-^- 1^27\
is amended by striking out "the Superintendent" in the first ^'^®"^®'^
line.
16. vSection 28 of The Real Estate and Business Brokers Act^f^- g^fg;
is amended by striking out "Superintendent" in the second ^"^®"<^®'^
line and inserting in lieu thereof "Registrar".
17.— (1) Subsection 1 of section 29 of The Real Estate andf-^S:l^29:
Business Brokers Act is amended by striking out "Superin- |^|^J^^^
tendent" in the first line, in the eighth line and in the twenty-
second line and inserting in lieu thereof in each instance
"Registrar".
(2) Subsection 3 of the said section 29 is amended by ^■344' g.^fg!
striking out "Superintendent" in the second line and in the|'^|nded
eighth and ninth lines and inserting in lieu thereof in each
instance "Registrar".
18. Section 30 of The Real Estate and Business Brokers Act^-f^- If^o'.
is amended by striking out "Superintendent" in the second ^'^®"'^®*^
line and inserting in lieu thereof "Registrar".
19.— (1) Subsection 2 of section 31 of The Real Estate andf-^^^^l^f^'
Business Brokers Act is amended by striking out "I^egistrar"|'^|i:^|^^
in the second line and inserting in lieu thereof "Superin-
tendent".
(2) Subsections 3 and 4 of the said section 31 are repealed ^144 • g^|i;
and the following substituted therefor: ^"^^^•^- j-
° re-enacted
(3) Upon a review, the Superintendent may hear such ^^''*®'^°®
evidence as is submitted to him that in his opinion
is relevant to the review and he is not bound by any
127
law respecting the admissibility of evidence, and the
oral evidence submitted shall be taken down in
writing and, together with such documentary evi-
dence and things as are received in evidence, forms
the record.
Power to
summon
witnesses,
etc.
(4) Upon a review, the Superintendent has the same
power to summon and enforce the attendance of
witnesses and to compel them to give evidence on
oath or otherwise and to produce documents, records
and things as is vested in the Supreme Court or a
judge thereof for the trial of civil actions, but the
rules of court or of law relating to the service of
subpoenaes upon, and to the payment of conduct
money or witness fees to, witnesses do not apply.
Power on
review
(4a) Upon a review, the Superintendent may by order
direct the Registrar to make such direction, decision,
order or ruling or to do such other act as the Registrar
is authorized to do under this Act or the regulations
and as the Superintendent deems proper having
regard to the material and submissions before him
and to the provisions of this Act and the regulations,
and the Registrar shall make such direction, decision,
order or ruling or do such act accordingly.
R|-0- 1960. 20. Section 33 of The Real Estate and Business Brokers Act
amended * is amended by striking out "Superintendent" in the second
line, in the fourth line and in the seventh line and inserting
in lieu thereof in each instance "Registrar".
R.s.o. I960. 21. Section 34 of The Real Estate and Business Brokers Act
amended * is amended by striking out "Superintendent" in the second
line and inserting in lieu thereof "Registrar".
R.s.o. I960, 22. Section 38 of The Real Estate and Business Brokers Act
amended ' is amended by striking out "Superintendent" in the first and
second lines, in the second line and in the fourth line and
inserting in lieu thereof in each instance "Registrar".
R.s.o. I960,
c. 344, 8. 48,
amended
23. Section 48 of The Real Estate and Business Brokers Act
is amended by striking out "Superintendent" in the third
line and inserting in lieu thereof "Registrar".
24. The Real Estate and Business Brokers Act is amended
R.s.o. I960,
O. 344,
amended by adding thereto the followmg sections:
127
TRADING IN SUBDIVISION LOTS
54a. In sections 546 to 54/^, "subdivision" means improved Jatkm^*'
or unimproved land divided or proposed to be
divided into five or more lots or other units for the
purpose of sale or lease.
546. — (1) No person shall, in any capacity, trade in real ^f^f^f/n^and
estate, where the real estate is a lot or unit of lando"*?*^?
... . . . Ontario,
in a subdivision located outside Ontario, until there prospectus
has been filed with the Registrar a prospectus con-
taining the prescribed information and until there
has been obtained from the Registrar a certificate of
acceptance thereof.
(2) No person shall make any representation, written or ^^^j^^g^j^^g^.
oral, that the Superintendent or the Registrar hasti^n^P^o-
passed upon the financial standing, fitness or conduct
of any person in connection with any such prospectus
or upon the merits of any such prospectus.
54c. — (1) No person shall, either as a vendor or as a ^'J'*jfJ'®*^*"^
broker or salesman, enter into or negotiate any delivered to
11 f 1 • r 1 1 purchaser
contract tor the sale or lease ot a lot or a unit ot land
in a subdivision located outside Ontario unless,
(a) a copy of tlie prospectus referred to in sec-
tion 546 has been delivered to the prospective
purchaser or tenant, as the case may be; and
(6) the prospective purchaser or tenant has in
writing acknowledged receipt of a copy of
the prospectus and that he has been afforded
the opportunity to read it.
(2) Every acknowledgement referred to in subsection 1 ^igement to
shall be retained bv the vendor or broker and be ^® retained
for
available for inspection by the Registrar for a period inspection
of not less than three years.
(3) A purchaser or tenant who has entered into a when^ pur-
contract where subsection 1 applies is entitled to entitled to
. . , , ., ^^'^ rescission
rescission ot the contract if,
(a) subsection 1 has not been complied with; and
(6) written notice of exercising the right of re-
scission is served on the vendor or broker
within ninety days of the signing of the con-
tract.
127
Onus of
proof"
(4) 111 an action for rescission under subsection 3, the
onus of proving compliance with subsection 1 rests
upon the vendor.
other
rights
preserved
(5) Tlie right of rescission provided in this section is in
addition to any other rights that the purchaser or
tenant may have in respect of the contract.
Material
In support
of prospectus
Conditions
precedent
to grant of
cortiflcate
54rf. Each prospectus submitted to the Registrar for filing
shall be accompanied by,
(a) an affidavit of the owner of the subdivision or,
where the owner is a corporation, any three
directors thereof, as to the correctness of every
matter of fact stated in the prospectus;
(6) a copy of every plan referred to in the pros-
pectus;
(c) a copy of every form of contract referred to in
the prospectus;
(d) such documents as the Registrar may require
to support any statement of fact, proposal or
estimate set out in the prospectus;
(e) such financial particulars of the owner as the
Registrar may require; and
(j") the prescribed fees.
54e. The Registrar shall not grant a certificate of accep-
tance where it appears that,
(a) the prospectus contains any statement,
promise or forecast that is misleading, false or
deceptive, or has the effect of concealing
material facts;
(b) adequate provision has not been made for the
protection of deposits or other funds of pur-
chasers or for assurance of title or other
interest contracted for;
(c) the prospectus fails to comply in any sub-
stantial respect with any of the requirements
prescribed ;
(d) the requirements of section 54d have not been
complied with in any substantial respect.
127
54/. — (1) The Registrar may, before issuing a certificate i^^Q">"««'
of acceptance, make such inquiries as he deems
necessary, including,
(a) an examination of the subdivision and any of
the surrounding circumstances;
(b) the obtaining of reports from public authorities
or others in the jurisdiction in which the sub-
division is located.
(2) The reasonable and proper costs of such inquiries or ^^^^^
reports shall be borne by the person on whose behalf
the prospectus was filed.
54g. The Registrar shall grant the certificate of acceptance pe^stnfr'^
where the requirements of this Act and the regulations
have been complied with and in his opinion such
action is in the public interest, but he shall not
refuse to grant such a certificate without giving the
person on whose behalf the prospectus was filed an
opportunity to be heard.
54^. Where the Registrar has refused to grant or has^®^^®)^^^^
revoked a certificate of acceptance, sections 30 to 34 dent, and
, . , . appeal
apply mutatis mutandis.
SAi. — (1) If a change occurs with regard to any of the PJ?^J^jSe in
matters set out in any prospectus, stances
(a) that would have the effect of rendering a
statement in the prospectus false or mis-
leading; or
{b) that brings into being a fact or proposal that
should have been disclosed in the prospectus
if the fact or proposal had existed at the time
of filing,
the person who filed the prospectus shall, within
twenty days of the change occurring, notify the
Registrar in writing of the change and shall file an
amendment to the prospectus or a new prospectus
as the Registrar may direct.
(2) Where trading in real estate mentioned in section 546 ^ro^pectus
is still in progress twelve months from the date of^g^^onths
the filing of the last prospectus, a new prospectus
shall be filed with the Registrar within twenty days
from the expiration of such twelve-month period.
127
8
Application
of 88. 64 a-
64 A
(3) Sections 54a to 54/r apply mutatis mutandis where a
prospectus is amended or a new prospectus is filed
under subsection 1 or 2.
Stop orders
SAj. Where it appears to the Registrar, subsequent to the
filing of a prospectus and the granting of a certificate
of acceptance therefor, that any of the conditions
referred to in section 54g exist or where in his opinion
such action is necessary in the public interest, he
may, after giving the person on whose behalf the
prospectus was filed an opportunity to be heard,
revoke the certificate of acceptance and order that
all trading in the subdivision to which the prospectus
refers shall cease forthwith.
R.S.O. I960,
c. 344. 8. 55.
amended
25. Section 55 of The Real Estate and Business Brokers Act
is amended by adding thereto the following subsection:
Maximum
fine, cor-
porations
(2) Where a corporation is convicted of an ofTence under
subsection 1, the maximum fine that may be imposed
is $25,000 and not as provided therein.
R.S.O. I960.
0. 344, B. 58.
amended
26. — (1) Section 58 of The Real Estate and Business Brokers
Act is amended by adding thereto the following clauses:
{da) prescribing the fees payable upon the filing of a
prospectus;
R.S.O. I960,
O. 344. 8. 68,
cl. g,
re-enacted
{fa) prescribing the information required to be contained
in a prospectus.
(2) Clause g of the said section 58 is repealed and the
following substituted therefor:
{g) prescribing the requirements, qualifications, etc., for
the granting or renewal of registration.
R.S.O. I960.
C. 344, 8. 59,
amended
27. Section 59 of The Real Estate and Business Brokers Act
is amended by striking out "Superintendent or" in the third
line.
Commence-
ment
28. — (1) This Act, except section 24, comes into force on
the day it receives Royal Assent.
Idem
(2) Section 24 comes into force on a day to be named by
the Lieutenant Governor by his proclamation.
Short title 29. This Act may be cited as The Real Estate and Business
Brokers Amendment Act, 1962-63.
127
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BILL 128
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
The Proceedings Against the Crown Act, 1962-63
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
811 Jim
M-
Explanatory Note
At the present time, no action in tort can be brought against the
Crown and no other type of action^can be brought except with consent
and by way of a petition of right.
This Bill, subject to the exceptions mentioned, removes all the im-
munities and privileges heretofore enjoyed by the Crown and enables any
person to sue the Crown and its servants and agents in the courts as of
right in the same manner as he may sue a person.
The new Act is designed to replace The Proceedings Against the Crown
Act which was passed in 1952 but not brought into force.
The new Act will apply to matters arising after it comes into force.
Claims and proceedings existing before the Act comes into force may
be proceeded with by petition of right as though the Act had not been
passed.
128
BILL 128 1962-63
The Proceedings Against the Crown Act, 1962-63
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, l^S'"-
(a) "agent", when used in relation to the Crown, in-
cludes an independent contractor employed by the
Crown ;
(b) "Crown" means Her Majesty the Queen in right of
Ontario;
(c) "order" includes a judgment, decree, rule, award and
declaration ;
(d) "proceedings against the Crown" includes a claim
by way of set-off or counterclaim raised in proceed-
ings by the Crown and includes interpleader pro-
ceedings to which the Crown is a party;
(e) "servant", when used in relation to the Crown,
includes a minister of the Crown. 1952, c. 78, s. 1.
2. — (1) This Act does not affect and is subject to T^e affected*
Certification of Titles Act as to claims against The Certification RS.o. i960,
of Titles Assurance Fund, The Corporations Tax Act, The i962-e3, c. .
Expropriation Procedures Act, 1962-63, The Highway Im- c.'iii]
provement Act, The Income Tax Act, 1961-62, The Land Titlesl^Qo^^'
Act as to claims against The Land Titles Assurance Eund, ^^204 2^4^'
The Logging Tax Act, The Motor Vehicle Accident Claims Act,^^^^^^'
1961-62, The Succession Duty Act and The Workmen's Com- Rso. i960,
pensation Act. 1952, c. 78, s. 2 (1), amended.
(2) Nothing in this Act, sc^^l%V
Act
(a) subjects the Crown to greater liability in respect of
the acts or omissions of a servant or agent of the
Crown than that to which the Crown would be
128
subject in respect of such acts or omissions if it were
a person of full age and capacity ; or
(b) subjects the Crown to proceedings under this Act in
respect of a cause of action that is enforceable
against a corporation or other agency of the Crown;
or
R.S.O. 1960,
cc. 110, 230
(c) subjects the Crown to proceedings under this Act
in respect of any act or omission of a servant of the
Crown unless that servant has been appointed by
or is employed by the Crown ; or
(d) subjects the Crown to proceedings under this Act
in respect of anything done in the due enforcement
of the criminal law or of the penal provisions of any
Act of the Legislature; or
(e) authorizes proceedings against the Crown under The
Division Courts Act or The Master and Servant Act.
1952, c. 78, s. 2 (2).
Right to
sue Crown
without
flat
Right to
sue Crown
corporation
without
consent
3. Except as provided in section 28, a claim against the
Crown that, if this Act had not been passed, might be en-
forced by petition of right, subject to the grant of a fiat by
the Lieutenant Governor, may be enforced as of right by
proceedings against the Crown in accordance with this Act
without the grant of a fiat by the Lieutenant Governor.
1952, c. 78, s. 3.
4. A claim against a corporation of the Crown that, if this
Act had not been passed, might be enforced, subject to the
consent of a servant of the Crown, may be enforced as of right
without such consent. 1952, c. 78, s. 4.
Liability
in tort
191
5. — (1) Except as otherwise provided in this Act and
R.sx). I960, notwithstanding section 11 of The Interpretation Act, the
Crown is subject to all liabilities in tort to which, if it were a
person of full age and capacity, it would be subject,
(a) in respect of a tort committed by any of its servants
or agents;
{b) in respect of a breach of the duties that a person
owes to his servants or agents by reason of being
their employer;
(c) in respect of any breach of the duties attaching to
the ownership, occupation, possession or control of
property; and j
128
{d) under any statute, or under any regulation or by-law
made or passed under the authority of any statute.
(2) No proceedings shall be brought against the Crown ^J^IH^^^
under clause a of subsection 1 in respect of an act or omission in tort lie
of a servant or agent of the Crown unless proceedings in tort
in respect of such act or omission may be brought against
that servant or agent or his personal representative.
(3) Where a function is conferred or imposed upon amiability
servant of the Crown as such, either by a rule of the common of servants
11 , , , , ., performing
law or by or under a statute, and that servant commits a duties
tort in the course of performing or purporting to perform that required
function, the liability of the Crown in respect of the tort shall
be such as it would have been if that function had been con-
ferred or imposed by instructions lawfully given by the Crown.
(4) In proceedings against the Crown under this section, ^|PJ'naH;*-^°'^
an enactment that negatives or limits the liability of a servant {T^?^*^
of the Crown in respect of a tort committed by that servant liability
of SGrv&nts
applies in relation to the Crown as it would have applied in of the crown
relation to that servant if the proceedings against the Crown
had been proceedings against that servant.
(5) Where property vests in the Crown independent ofvestmgin
the acts or the intentions of the Crown, the Crown is not, **^® Crown
by virtue of this Act, subject to liability in tort by reason only
of the property being so vested; but this subsection does not
affect the liability of the Crown under this Act in respect of
any period after the Crown, or any servant of the Crown,
has in fact taken possession or control of the property.
(6) No proceedings lie against the Crown under this section of ^abi^lty
in respect of anything done or omitted to be done by a person in respect
while discharging or purporting to discharge responsibilities of acts
a judicial nature vested in him or responsibilities that he has
in connection with the execution of judicial process. 1952,
c. 78, s. 5.
6. The law relating to indemnity and contribution is ^/'i^^^ ^s 't"
enforceable by and against the Crown in respect of any ^^^^^'J^itJ'j^
liability to which it is subject, as if the Crown were a person button
of full age and capacity. 1952, c. 78, s. 6.
7. Except as otherwise provided in this Act, proceedings i^^'su^p^em*'
against the Crown in the Supreme Court shall be instituted ^°"'"*
and proceeded with in accordance with The Judicature Actf'f^-'^^^^-
and the rules of court. 1952, c. 78, s. 7.
128
1^'^coimty^^ ^' Except as otherwise provided in this Act and to any
and district enactment Hmiting the jurisdiction of county and district
courts ,. ■ 1 /^ ... , .
courts, proceedings against the Crown may be instituted in a
county or district court and proceeded with in accordance
R.sx). I960, Y^ith The County Courts Act and the rules of court. 1952,
c. 78, s. 8.
stay^of^' ^' Except as otherwise provided in this Act, all enactments
execution, ^nd rules of court relating to appeals and stay of execution
or proceedings, with necessary modifications, apply to pro-
ceedings against the Crown. 1952, c. 78, s. 9.
Discovery
10. In proceedings against the Crown, the rules of the
court in which the proceedings are pending as to discovery
and inspection of documents and examination for discovery
apply in the same manner as if the Crown were a corporation,
except that the Crown may refuse to produce a document
or to answer a question on the ground that the production or
answer would be injurious to the public interest. 1952, c. 78,
s. 10.
Designation
of Crown in
11. In proceedings under this Act, the Crown shall be
proceedings designated "Her Majesty the Queen in right of Ontario".
1952, c. 78, s. 11.
Service on
the Crown
12. In proceedings under this Act, a document to be served
on the Crown shall be served by leaving a copy with the
Attorney General or the Deputy Attorney General or any
barrister or solicitor in the office of the Attorney General.
1952, c. 78, s. 12.
ouuury''^ 13. In proceedings against the Crown, trial shall be without
a jury. 1952, c. 78, s. 13.
Interpleader
14. The Crown may obtain relief by way of interpleader
proceedings and may be made a party to such proceedings
in the same manner as a person may obtain relief by way of
such proceedings, or be made a party thereto, notwithstanding
that the application for relief is made by a sheriff or bailiff
or other like officer, and the provisions relating to inter-
pleader proceedings in the rules of court, subject to this Act,
shall have effect accordingly. 1952, c. 78, s. 14.
Rights of
parties and
authority
of court
15. Except as otherwise provided in this Act, in proceed-
ings against the Crown, the rights of the parties are as nearly
as possible the same as in a suit between persons, and the
court may make any order that it may make in proceedings
between persons, and may otherwise give such appropriate
relief as the case may require. 1952, c. 78, s. 15.
128
16. — (1) Where in proceedings against the Crown any ^o^'^J.^'^°-
relief is sought that might, in proceedings between Persons, speciflc^per-
be granted by way of injunction or specific performance, the against
court shall not, as against the Crown, grant an injunction or
make an order for specific performance, but in lieu thereof may
make an order declaratory of the rights of the parties.
(2) The court shall not in any proceedings grant an injunc-QnX'unc"
tion or make an order against a servant of the Crown if the t'^J^^j.^^"**
effect of granting the injunction or making the order would agamst
be to give any relief against the Crown that could not have servants
been obtained in proceedings against the Crown, but in lieu
thereof may make an order declaratory of the rights of the
parties. 1952, c. 78, s. 16.
17. In proceedings against the Crown in which the re- ^^o^g^y^'of
covery of real or personal property is claimed, the court shall P^°P®^y^°*
not make an order for its recovery or delivery, but in lieu against
1 r 1 111- 1 II- - Crown
thereof may make an order declarmg that the claimant is
entitled, as against the Crown, to the property claimed or to
the possession thereof. 1952, c. 78, s. 17.
18. — (1) No person may avail himself of any set-off or^^^^^l^^^^
counterclaim in proceedings by the Crown for the recovery ^|^4^''o"'^*®'"-
of taxes, duties, or penalties, or avail himself, in proceedings
of any other nature by the Crown, of any set-off or counter-
claim arising out of a right or claim to repayment in respect
of any taxes, duties or penalties.
(2) Subject to subsection 1, a person may avail himself ^"^
of any set-off or counterclaim in proceedings by the Crown if
the subject-matter of the set-off or the counterclaim relates
to a matter under the administration of the particular govern-
ment department with respect to which the proceedings are
brought by the Crown. 1952, c. 78, s. 18.
19. Before taking any step in proceedings against the ^q^uTr^ '"^^
Crown, the Crown may require the claimant to provide the ''^^°'"'"^*'°'^
Crown with such information as the Crown may reasonably
require as to the circumstances in which it is alleged that the
liability of the Crown has arisen and as to the departments
and servants of the Crown concerned. 1952, c. 78, s. 19.
20. In proceedings against the Crown, any defence that.de^nces
if the proceedings were between persons, could be relied upon
by the defendant as a defence to the proceedings or otherwise
may be relied upon by the Crown. 1952, c. 78, s. 20.
128
No judg-
ment by
default
against
Crown
without
leave
21. In proceedings against the Crown, judgment shall not
be entered against the Crown in default of appearance or
pleading without the leave of the court to be obtained on an
application of which notice has been given to the Crown.
1952, c. 78, s. 21.
Proceedings 22. Nothing in this Act authorizes proceedings in rem
in respect of any claim against the Crown, or the seizure,
attachment, arrest, detention or sale of any property of the
Crown. 1952, c. 78, s. 22.
Interest
on judg-
ment debt
23. A judgment debt due to or from the Crown bears
interest in the same way as a judgment debt due from one
person to another. 1952, c. 78, s. 23.
of execu-^"^ 24. No execution or attachment or process in the nature
against^" thereof shall be issued out of any court against the Crown.
Crown 1952, c. 78, s. 24.
Payment
by Crown
25. Where an order of a court provides for the payment
of money by the Crown by way of damages or costs or other-
wise and such order is final and not subject to appeal, the
Treasurer of Ontario shall pay out of the Consolidated
Revenue Fund to the person entitled, or to his order, the
amount due, together with the interest, if any, lawfully due
thereon. 1952, c. 78, s. 25.
Conflict
26. Where this Act conflicts with any other Act, this Act
governs. 1952, c. 78, s. 27.
No retro-
active
effect
27. No proceedings shall be brought against the Crown
under this Act in respect of any act or omission, transaction,
matter or thing occurring or existing before the day on which
this Act comes into force. 1952, c. 78, s. 28, amended.
Pending
claims
28. — (1) A claim against the Crown existing when this
Act comes into force that, if this Act had not been passed,
might have been enforced by petition of right may be pro-
ceeded with by petition of right, subject to the grant of a fiat
by the Lieutenant Governor as if this Act had not been
passed.
wmtracts ^^^ ^ claim arising under a contract with the Crown that
was entered into before this Act comes into force may be
proceeded with under subsection 1, but not otherwise. New.
pnK?eemng3 ^^^ This Act does not affect proceedings against the Crown
by petition of right that have been instituted before this Act
comes into force, and, for the purposes of this section, pro-
ceedings against the Crown by petition of right shall be
128
deemed to have been instituted if a petition of right with
respect to the matter in question has been left with the
Provincial Secretary before this Act comes into force. 1952,
c. 78, s. 26 (1).
(4) Subject to subsections 1, 2 and 3, proceedings against Petitions
the Crown by petition of right are abolished, and, except for abolished
the purposes of subsections 1, 2 and 3, the rules of court
respecting petitions of right are revoked. 1952, c. 78, s. 26 (2),
amended.
29. The Proceedings Against the Crown Act, 1952 is repealed, rlplaied^^'
30. This Act comes into force on the 1st day of September, ment"^®"*^^'
1963.
31. This Act may be cited as The Proceedings Against //te Short title
Crown Act, 1962-63.
128
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BILL 128
4th Session, 26tii Legislature, Ontario
11-12 Elizabeth II, 1962-63
The Proceedings Against the Crown Act, 1962-63
Mr. Cass
{Reprinted as amended by the Committee on Legal Bills)
TORONTO
I'kINTKD and PUBI.ISHKD BY FRANK FOGG, QuEEN'S PkINTER
Explanatory Note
At the present time, no action in tort can be brought against the
Crown and no other type of action can be brought except with consent
and by way of a petition of right.
This Bill, subject to the exceptions mentioned, removes all the im-
munities and privileges heretofore enjoyed by the Crown and enables any
person to sue the Crown and its servants and agents in the courts as of
right in the same manner as he may sue a person.
The new Act is designed to replace The Proceedings Against the Crown
Act which was passed in 1952 but not brought into force.
The new Act will apply to matters arising after it comes into force.
Claims and proceedings existing before the Act comes into force may
be proceeded with by petition of right as though the Act had not been
128
BILL 128 1962-63
The Proceedings Against the Crown Act, 1962-63
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act. L"tioT""
(a) "agent", when used in relation to the Crown, in-
cludes an independent contractor employed bj- the
Crown ;
(b) "Crown" means Her Majesty the Queen in right of
Ontario ;
(c) "order" includes a judgment, decree, rule, award and
declaration ;
(d) "proceedings against the Crown" includes a claim
by way of set-off or counterclaim raised in proceed-
ings by the Crown and includes interpleader pro-
ceedings to which the Crown is a party;
■(e) "servant", when used in relation to the Crown,
includes a minister of the Crown. 1952, c. 78, s. 1.
2. — (1) This Act does not affect and is subject to 77/e Acts not
Certification of laities Act as to claims against The Certification r.s.o. i960,
of Titles Assurance Fund, The Corporations Tax Act, ThelQQ2^^Q^^'
Expropriation Procedures Act, 1962-63, The Highway /w- RS^O; i960,
provement Act, The Income Tax Act, 1961-62, The Land Titles^'^^i-^^z,
Act as to claims against The Land Titles Assurance Fund, R.s.o. i960.
The Logging Tax Act, The Mining Tax Act, The Motor Vehicle 2^2-, '
Accident Claims Act, 1961-62, The Retail Sales Tax Act,c.M: '
1960-61, The Succession Duty Act and The Workmen s Compen-<^ gi;
■— "■~"~^'~~— " R.s.o. 1960,
sat ion Act. 1952, c. 78, s. 2 (1), amended. 'c- 386, 437
(2) Nothing in this Act, Limits of
° ' scope of
Act
(a) subjects the Crown to greater liability in respect of
the acts or omissions of a servant or agent of the
Crown than that to which the Crown would be
128
subject in respect of such acts or omissions if it were
a person of full age and capacity; or
(b) subjects the Crown to proceedings under this Act in
respect of a cause of action that is enforceable
against a corporation or other agency of the Crown ;
or 5
(c) subjects the Crown to proceedings under this Act
in respect of any act or omission of a servant of the
Crown unless that servant has been appointed by
or is employed by the Crown; or
(d) subjects the Crown to proceedings under this Act
in respect of anything done in the due enforcement
of the criminal law or of the penal provisions of any
Act of the Legislature; or
R.S.O. I960.
cc. no, 230
(e) authorizes proceedings against the Crown under The
Division Courts Act or The Master and Servant Act.
1952, c. 78, s. 2 (2).
Right to
sue Crown
without
flat
Right to
sue Crown
corporation
without
consent
3. Except as provided in section 2S, a claim against the
Crown that, if this Act had not been passed, might be en-
forced by petition of right, subject to the grant of a fiat by
the Lieutenant Governor, may be enforced as of right by
proceedings against the Crown in accordance with this Act
without the grant of a fiat by the Lieutenant Governor.
1952, c. 78, s. 3.
4. A claim against a corporation of the Ci'own that, if this
Act had not been passed, might be enforced, subject to the
consent of a servant of the Crown, may be enforced as of right
without such consent. 1952, c. 78, s. 4.
in^ort*^ 5. — (1) Except as otherwise provided in this Act and
R.S.O. I960, notwithstanding section 11 of The Interpretation Act, the
Crown is subject to all liabilities in tort to which, if it were a
person of full age and capacity, it would be subject,
(a) in respect of a tort committed by any of its serv.mts
or agents;
(b) in respect of a breach of the duties that a person
owes to his servants or agents by reason of being
their employer;
(c) in respect of any breach of the duties attaching to
the ownership, occupation, possession or control of
property; and
128
(d) under any statute, or under any regulation or by-law
made or passed under the authority of any statute.
(2) No proceedings shall be brought against the Crown where^.^
under clause a of subsection 1 in respect of an act or omission in tort lie
of a servant or agent of the Crown unless proceedings in tort
in respect of such act or omission may be brought against
that servant or agent or his personal representative.
(3) Where a function is conferred or imposed upon amiability
1-11 1 r 1 ^^^ ^^'''^
servant of the Crown as such, either by a rule of the common of servants
law or by or under a statute, and that servant commits a duties
tort in the course of performing or purporting to perform that required
function, the liability of the Crown in respect of the tort shall
be such as it would have been if that function had been con-
ferred or imposed by instructions lawfully given by the Crown.
(4) In proceedings against the Crown under this section, ^f'J'nact*^""
an enactment that negatives or limits the liability of a servant {p^^^^^^
of the Crown in respect of a tort committed by that servant liability
applies in relation to the Crown as it would have applied in of the Crown
relation to that servant if the proceedings against the Crown
had been proceedings against that servant.
(5) Where property vests in the Crown independent ofvestmg^m
the acts or the intentions of the Crown, the Crown is not, *^® *~''"°^'^
by virtue of this Act, subject to liability in tort by reason only
of the property being so vested; but this subsection does not
affect the liability of the Crown under this Act in respect of
any period after the Crown, or any servant of the Crown,
has in fact taken possession or control of the property.
(6) No proceedings lie against the Crown under this section of ^ai^ilty
in respect of anything done or omitted to be done by a person in respect
while discharging or purporting to discharge responsibilities of acts
a judicial nature vested in him or responsibilities that he has
in connection with the execution of judicial process. 1952,
c, 78, s. 5.
O. The law relating to indemnity and contribution is ^/^i^'^ as^o
enforceable by and against the Crown in respect of ''^"y and^^o'ntri-
liability to which it is subject, as if the Crown were a person bution
of full age and capacity. 1952, c. 78, s. 6.
7. Except as otherwise provided in this Act, proceed in gsi>i'"sifprem^
against the Crown in the Supreme Court shall be instituted ^°"'"*
and proceeded with in accordance with The Judicature ^c/^-^^o. i960,
and the rules of court. 1952, c. 78, s. 7.
128
Proceedings §, Except as Otherwise provided in this Act and to any
in county *^ . . ...... . , ,. . -^
and district enactment hmiting the jurisdiction oi county and district
courts, proceedings against the Crown may be instituted in a
county or district court and proceeded with in accordance
R.s.o. I960, with The County Courts Act and the rules of court. 1952,
c. 76 _ ' '
c. 78, s. 8.
^ay^of^' ^* Except as otherwise provided in this Act, all enactments
execution, j^^cj rules of court relating to appeals and stay of execution
or proceedings, with necessary modifications, apply to pro-
ceedings against the Crown. 1952, c. 78, s. 9.
Discov^ery
10. In proceedings against the Crown, the rules of the
court in which the proceedings are pending as to discovery
and inspection of documents and examination for discovery
apply in the same manner as if the Crown were a corporation,
except that the Crown may refuse to produce a document
or to answer a question on the ground that the production or
answer would be injurious to the public interest. 1952, c. 78,
s. 10.
Designation
of Crown in
11, In proceedings under this Act, the Crown shall be
proceedings designated "Her Majesty the Queen in right of Ontario".
1952, c. 78, s. 11.
Service on
the Crown
12. In proceedings under this Act, a document to be served
on the Crown shall be served by leaving a copy with the
Attorney General or the Deputy Attorney General or any
barrister or solicitor in the office of the Attorney General.
1952, c. 78, s. 12.
out^jury*^ 13. In proceedings against tiie Crown, trial shall be without
a jury. 1952, c. 78, s. 13.
Interpleader
1-1. The Crown may obtain relief by way of interpleader
proceedings and may be made a party to such proceedings
in the same manner as a person may obtain relief by way of
such proceedings, or be made a party thereto, notwithstanding
that the application for relief is made by a sheriff or bailiff
or other like officer, and the provisions relating to inter-
pleader proceedings in the rules of court, subject to this Act,
shall have effect accordingly. 1952, c. 78, s. 14.
Rights of
parties and
authority
of court
15. Except as otherwise provided in this Act, in proceed-
ings against the Crown, the rights of the parties are as nearly
as possible the same as in a suit between persons, and the
court may make any order that it may make in proceedings
between persons, and may otherwise give such appropriate
relief as the case may require. 1952, c. 78, s. 15.
128
16. — (1) Where in proceedings against the Crown any ^^^^^^Jy^^^-
reUef is sought that might, in proceedings between persons, specific per-
, ,° , ■ • • -r f 1 formance
be granted by way oi injunction or specific penormance, the against
court shall not, as against the Crown, grant an injunction or
make an order for specific performance, but in lieu thereof may
make an order declaratory of the rights of the parties.
(2) The court shall not in any proceedings grant an injunc-Qn'^njunc?
tion or make an order against a servant of the Crown if the ^^oj^^^.g^'^^^
effect of granting the injunction or making the order would against
be to give, any relief against the Crown that could not have servants
been obtained in proceedings against the Crown, but in lieu
thereof may make an order declaratory of the rights of the
parties. 1952, c. 78, s. 16.
17. In proceedings against the Crown in which the re- ^^Q^'gry^gf
CO very of real or personal property is claimed, the court shall P^^^^^^y^^*^
not make an order for its recovery or delivery, but in lieu against
thereof may make an order declaring that the claimant is
entitled, as against the Crown, to the property claimed or to
the possession thereof. 1952, c. 78, s. 17.
18. — (1) No person may avail himself of any set-off or^^f g*etfoJy'^
counterclaim in proceedings by the Crown for the recovery ^j'^^^<^°"'^'®''-
of taxes, duties, or penalties, or avail himself, in proceedings
of any other nature by the Crown, of any set-off or counter-
claim arising out of a right or claim to repayment in respect
of any taxes, duties or penalties.
(2) Subject to subsection 1, a person may avail himself ^*^®'"
of any set-off or counterclaim in proceedings by the Crown if
the subject-matter of the set-off or the counterclaim relates
to a matter under the administration of the particular govern-
ment department with respect to which the proceedings are
brought by the Crown. 1952, c. 78, s. 18.
19. Before taking any step in proceedings against the ^q°Jir^ '"^^
Crown, the Crown may reciuire the claimant to provide the *"*^°''"^^**°'^
Crown with such information as the Crown may reasonably
require as to the circumstances in which it is alleged that the
liability of the Crown has arisen and as to the departments
and servants of the Crown concerned. 1952, c. 78, s. 19.
20. In proceedings against the Crown, any defence that, defences
if the proceedings were between persons, could be relied upon
by the defendant as a defence to the proceedings or otherwise
may be relied upon by the Crown. 1952, c. 78, s. 20.
128
N'o judg-
ment by
default
igainst
Crown
without
leave
21. In proceedings against the Crown, judgment shall not
be entered against the Crown in default of appearance or
pleading without the leave of the court to be obtained on an
application of which notice has been given to the Crown.
1952, c. 78, s. 21.
r»f^«1>z^^"^^ ^^' -Nothing in this Act authorizes proceedings m rem
in respect of any claim against the Crown, or the seizure,
attachment, arrest, detention or sale of any property of the
Crown. 1952, c. 78, s. 22.
on*fudfg- 23. A judgment debt due to or from the Crown bears
ment debt interest in the same way as a judgment debt due from one
person to another. 1952, c. 78, s. 23.
ofexecu-"'^ 24. Xo execution or attachment or process in the nature
against*^" thereof shall be issued out of any court against the Crown.
Crown 1952, c. 78, s. 24.
Payment
by Crown
2.5. \Miere an order of a court provides for the payment
of money by the Crown by way of damages or costs or other-
wise and such order is final and not subject to appeal, the
Treasurer of Ontario shall pay out of the Consolidated
Revenue Fund to the person entitled, or to his order, the
amount due, together with the interest, if any, lawfully due
thereon. 1952, c. 78, s. 25.
Conflict
26. Where this Act conflicts with any other Act, this Act
governs. 1952, c. 78, s. 27.
N'o retro-
active
effect
27. No proceedings shall be brought against the Crown
under this x'\ct in respect of any act or omission, transaction,
matter or thing occurring or existing before the day on which
this Act comes into force. 1952, c. 78, s. 28, amended.
Pending
claims
28. — (1) A claim against the Crown existing when this
Act comes into force that, if this Act had not been passed,
might have been enforced by petition of right may be pro-
ceeded with by petition of right, subject to the grant of a fiat
by the Lieutenant Governor as if this Act had not been
passed.
Existing
contracts
(2) A claim arising under a contract with the Crown that
was entered into before this Act comes into force may be
proceeded with under subsection 1, but not otherwise. New.
proceecfings (^) ^^^^ ^^^ ^^^^ ^^^ affect proceedings against the Crown
by petition of right that have been instituted before this Act
comes into force, and, for the purposes of this section, pro-
ceedings against the Crown by petition of right shall be
128
deemed to have been instituted if a petition of right with
respect to the matter in question has been left with the
Provincial Secretary before this Act comes into force. 1952,
c. 78, s. 26 (1).
(4) Subject to subsections 1, 2 and 3, proceedings against Petitions
the Crown by petition of right are abolished, and, except for abolished
the purposes of subsections 1, 2 and 3, the rules of court
respecting petitions of right are revoked. 1952, c. 78, s. 26 (2),
amended.
29. The Proceedings Against the Crown Act, 1952 is repealed. rlpJkied^^'
30. This Act comes into force on the 1st day of September, Sent"'®""®*
1963.
31. This Act may be cited as The Proceedings Against ^/ftf Short title
Crown Act, 1962-63.
128
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BILL 128
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
The Proceedings Against the Crown Act, 1962-63
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 128 1962-63
The Proceedings Against the Crown Act, 1962-63
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, Jatfo?'"-
(a) "agent", when used in relation to the Crown, in-
cludes an independent contractor employed by the
Crown ;
(b) "Crown" means Her Majesty the Queen in right of
Ontario ;
(c) "order" includes a judgment, decree, rule, award and
declaration ;
(d) "proceedings against the Crown" includes a claim
by way of set-oflf or counterclaim raised in proceed-
ings by the Crown and includes interpleader pro-
ceedings to which the Crown is a party;
(e) "servant", when used in relation to the Crown,
includes a minister of the Crown. 1952, c. 78, s. 1.
2. — (1) This Act does not affect and is subject to TAe Acts not
Certification of Titles Act as to claims against The Certification r.s.o. i960,
of Titles Assurance Fund, The Corporations Tax Act, Thel'QQ2%3^^.
Expropriation Procedures Act, 1962-63, The Highway /m- ^-^^o. i960.
provement Act, The Income Tax Act, 1961-62, The Land Titles^'^^i-^^.
Act as to claims against The Land Titles Assurance Fund, r.s.o. i960.
The Logging Tax Act, The Mining Tax Act, The Motor Vehicle 242; '
Accident Claims Act, 1961-62, The Retail Sales Tax Act,l^%\'^^'
1960-61, The Succession Duty Act and The Workmen's Compen-\^^{^^'
sation Act. 1952, c. 78, s. 2 (1), amended. ^-^^h^ll^'
\ / ' cc. 386. 437
(2) Nothing in this Act, lAmits of
° ' scope of
Act
(a) subjects the Crown to greater liability in respect of
the acts or omissions of a servant or agent of the
Crown than that to which the Crown would be
128
ir
subject in respect of such acts or omissions if it were
a person of full age and capacity; or
(b) subjects the Crown to proceedings under this Act in
respect of a cause of action that is enforceable
against a corporation or other agency of the Crown ;
or
R.S.O. I960,
cc. 110. 230
(c) subjects the Crown to proceedings under this Act
in respect of any act or omission of a servant of the
Crown unless that servant has been appointed by
or is employed by the Crown ; or
(d) subjects the Crown to proceedings under this Act
in respect of anything done in the due enforcement
of the criminal law or of the penal provisions of any
Act of the Legislature; or
(e) authorizes proceedings against the Crown under The
Division Courts Act or The Master and Servant Act.
1952, c. 78, s. 2 (2).
Right to
sue Crown
without
flat
3. Except as provided in section 28, a claim against the
Crown that, if this Act had not been passed, might be en-
forced by petition of right, subject to the grant of a fiat by
the Lieutenant Governor, may be enforced as of right by
proceedings against the Crown in accordance with this Act
without the grant of a fiat by the Lieutenant Governor.
1952, c. 78, s. 3.
sue Crown 4. A claim against a corporation of the Crown that, if this
withotTt*'"*^ Act had not been passed, might be enforced, subject to the
consent consent of a servant of the Crown, may be enforced as of right
without such consent. 1952, c. 78, s. 4.
i^^ltort*^ 5.— (1) Except as otherwise provided in this Act and
R.S.O. I960, notwithstanding section 11 of The Interpretation Act, the
Crown is subject to all liabilities in. tort to which, if it were a
person of full age and capacity, it would be subject,
(a) in respect of a tort committed by any of its servants
or agents;
{b) in respect of a breach of the duties that a person
owes to his servants or agents by reason of being
their employer;
(c) in respect of any breach of the duties attaching to
the ownership, occupation, possession or control of
property; and
128
3
{d) under any statute, or under any regulation or by-law
made or passed under the authority of any statute.
(2) No proceedings shall be brought against the Crown where^_^^^
under clause a of subsection 1 in respect of an act or omission in tort lie
of a servant or agent of the Crown unless proceedings in tort
in respect of such act or omission may be brought against
that servant or agent or his personal representative.
(3) Where a function is conferred or imposed upon amiability
servant of the Crown as such, either by a rule of the common of servants
, , , , , . performing
law or by or under a statute, and that servant commits a duties
tort in the course of performing or purporting to perform that required
function, the liability of the Crown in respect of the tort shall
be such as it would have been if that function had been con-
ferred or imposed by instructions lawfully given by the Crown.
(4) In proceedings against the Crown under this section, ^f^^e^^ac^t^^^"
an enactment that negatives or limits the liability of a servant [f^^^^^^^g
of the Crown in respect of a tort committed by that servant liability
applies in relation to the Crown as it would have applied in of the crown
relation to that servant if the proceedings against the Crown
had been proceedings against that servant.
(5) Where property vests in the Crown independent of vesting Tn
the acts or the intentions of the Crown, the Crown is not, ^^^ Grown
by virtue of this Act, subject to liability in tort by reason only
of the property being so vested ; but this subsection does not
affect the liability of the Crown under this Act in respect of
any period after the Crown, or any servant of the Crown,
has in fact taken possession or control of the property.
(6) No proceedings lie against the Crown under this section ^f 'Jiawuty
in respect of anything done or omitted to be done by a person in respect
while discharging or purporting to discharge responsibilities of acts
a judicial nature vested in him or responsibilities that he has
in connection with the execution of judicial process. 1952,
c. 78, s. 5.
6. The law relating to indemnity and contribution is ^f'^i^'^'' a*s^o
enforceable by and against the Crown in respect of any ^'Jj<^®^JJ^i*y_
liability to which it is subject, as if the Crown were a person bution
of full age and capacity. 1952, c. 78, s. 6.
7. Except as otherwise provided in this Act, proceedings i^''stfprem^^
against the Crown in the Supreme Court shall be instituted ^°"''*
and proceeded with in accordance with The Judicature ^c/^-^^O- 1960,
and the rules of court. 1952, c. 78, s. 7.
128
ki^coimty^^ ^* Except as otherwise provided in this Act and to any
and district enactment limiting the jurisdiction of county and district
courts ° • , /^ ... , .
courts, proceedmgs agamst the Crown may be mstituted m a
county or district court and proceeded with in accordance
R.sx). I960, with The County Courts Act and the rules of court. 1952,
c. 78, s. 8.
stay^of^' ^' Except as otherwise provided in this Act, all enactments
execution. g^^d rules of court relating to appeals and stay of execution
or proceedings, with necessary modifications, apply to pro-
ceedings against the Crown. 1952, c. 78, s. 9.
Discovery
10. In proceedings against the Crown, the rules of the
court in which the proceedings are pending as to discovery
and inspection of documents and examination for discovery
apply in the same manner as if the Crown were a corporation,
except that the Crown may refuse to produce a document
or to answer a question on the ground that the production or
answer would be injurious to the public interest. 1952, c. 78,
s. 10.
?f®crown1S 11. In proceedings under this Act, the Crown shall be
proceedings designated "Her Majesty the Queen in right of Ontario".
1952, c. 78, s. 11.
Service on
the Crown
12. In proceedings under this Act, a document to be served
on the Crown shall be served by leaving a copy with the
Attorney General or the Deputy Attorney General or any
barrister or solicitor in the office of the Attorney General.
1952, c. 78, s. 12.
out^^ury*"^' 13. In proceedings against the Crown, trial shall be without
a jury. 1952, c. 78, s. 13.
Interpleader
14. The Crown may obtain relief by way of interpleader
proceedings and may be made a party to such proceedings
in the same manner as a person may obtain relief by way of
such proceedings, or be made a party thereto, notwithstanding
that the application for relief is made by a sheriff or bailiff
or other like officer, and the provisions relating to inter-
pleader proceedings in the rules of court, subject to this Act,
shall have effect accordingly. 1952, c. 78, s. 14.
Rights of
parties and
authority
of court
15. Except as otherwise provided in this Act, in proceed-
ings against the Crown, the rights of the parties are as nearly
as possible the same as in a suit between persons, and the
court may make any order that it may make in proceedings
between persons, and may otherwise give such appropriate
relief as the case may require. 1952, c. 78, s. 15.
128
16. — (1) Where in proceedings against the Crown any ^o^i^Jy°°-
rehef is sought that might, in proceedings between persons, ^p®^'^^ p®'""
be granted by way of injunction or specific performance, the against
court shall not, as against the Crown, grant an injunction or
make an order for specific performance, but in lieu thereof may
make an order declaratory of the rights of the parties.
(2) The court shall not in any proceedings grant an injunc-on"injunc^
tion or make an order against a servant of the Crown if the ^^^^'^^^.g^'^**
effect of granting the injunction or making the order would against
be to give any relief against the Crown that could not have servants
been obtained in proceedings against the Crown, but in lieu
thereof may make an order declaratory of the rights of the
parties. 1952, c. 78, s. 16.
17. In proceedings against the Crown in which the re- ^^oy^g^y^oj.
covery of real or personal property is claimed, the court shall P^op^^^y^^*
not make an order for its recovery or delivery, but in lieu against
thereof may make an order declaring that the claimant is
entitled, as against the Crown, to the property claimed or to
the possession thereof. 1952, c. 78, s. 17.
18. — (1) No person may avail himself of any set-off or ^^^^g'^'f,*^'^
counterclaim in proceedings by the Crown for the recovery ^,'^4^<^o""'®''-
of taxes, duties, or penalties, or avail himself, in proceedings
of any other nature by the Crown, of any set-off or counter-
claim arising out of a right or claim to repayment in respect
of any taxes, duties or penalties.
(2) Subject to subsection 1, a person may avail himself ^*^®™
of any set-off or counterclaim in proceedings by the Crown if
the subject-matter of the set-off or the counterclaim relates
to a matter under the administration of the particular govern-
ment department with respect to which the proceedings are
brought by the Crown. 1952, c. 78, s. 18.
19. Before taking any step in proceedings against the ^q^jy^e ""^^
Crown, the Crown may require the claimant to provide the''^f^'"'^*"°'^
Crown with such information as the Crown may reasonably
require as to the circumstances in which it is alleged that the
liability of the Crown has arisen and as to the departments
and servants of the Crown concerned. 1952, c. 78, s. 19.
20. In proceedings against the Crown, any defence that, defences
if the proceedings were between persons, could be relied upon
by the defendant as a defence to the proceedings or otherwise
may be relied upon by the Crown. 1952, c. 78, s. 20.
128
No judg-
ment by
default
against
Crown
without
leave
21. In proceedings against the Crown, judgment shall not
be entered against the Crown in default of appearance or
pleading without the leave of the court to be obtained on an
application of which notice has been given to the Crown.
1952, c. 78, s. 21.
Proceedings 22. Nothing in this Act authorizes proceedings in rem
»w rem . f 1 • • 1 r- 1 •
in respect oi any claim against the Crown, or the seizure,
attachment, arrest, detention or sale of any property of the
Crown. 1952, c. 78, s. 22.
on^Iudg^- 2^* -^ judgment debt due to or from the Crown bears
ment debt interest in the same way as a judgment debt due from one
person to another. 1952, c. 78, s. 23.
of execu-°" ^4. No execution or attachment or process in the nature
a°ainst''" thereof shall be issued out of any court against the Crown,
cfrown 1952, c. 78, s. 24.
Payment
by Crown
25. Where an order of a court provides for the payment
of money by the Crown by way of damages or costs or other-
wise and such order is final and not subject to appeal, the
Treasurer of Ontario shall pay out of the Consolidated
Revenue Fund to the person entitled, or to his order, the
amount due, together with the interest, if any, lawfully due
thereon. 1952, c. 78, s. 25.
Conflict
26. Where this Act conflicts with any other Act, this Act
governs. 1952, c. 78, s. 27.
No retro-
active
effect
27. No proceedings shall be brought against the Crown
under this Act in respect of any act or omission, transaction,
matter or thing occurring or existing before the day on which
this Act comes into force. 1952, c. 78, s. 28, amended.
Pending
claims
Existing
contracts
28. — (1) A claim against the Crown existing when this
Act comes into force that, if this Act had not been passed,
might have been enforced by petition of right may be pro-
ceeded with by petition of right, subject to the grant of a fiat
by the Lieutenant Governor as if this Act had not been
passed.
(2) A claim arising under a contract with the Crown that
was entered into before this Act comes into force may be
proceeded with under subsection 1, but not otherwise. New.
prociecfings ^^^ Thh Act does not afifect proceedings against the Crown
by petition of right that have been instituted before this Act
comes into force, and, for the purposes of this section, pro-
ceedings against the Crown by petition of right shall be
128
II
deemed to have been instituted if a petition of right with
respect to the matter in question has been left with the
Provincial Secretary before this Act comes into force. 1952,
c. 78, s. 26 (1).
(4) Subject to subsections 1, 2 and 3, proceedings against Petitions
the Crown by petition of right are abolished, and, except for abolished
the purposes of subsections 1, 2 and 3, the rules of court
respecting petitions of right are revoked. 1952, c. 78, s. 26 (2),
amended.
29. The Proceedings Against the Crown Act, 1952 is repealed, rlplaied^^'
30. This Act comes into force on the 1st day of September, menV"^'^'^^"
1963.
31. This Act may be cited as The Proceedings Against the^^^^^ ***'®
Crown Act, 1962-63.
128
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BILL 129
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Statute Labour Act
Mr. MacNaughton
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The purpose of this Bill is to bring the section into conformity with
The Public Lands Act and the current practice of the Department of
Lands and Forests of reserving in certain instances 10 per cent of the area
for roads rather than 5 per cent in the case of sales, free grant locations,
leases, licences of occupation, mining claims and other dispositions of
public lands or mining lands or mining rights.
129
1
BILL 129 1962-63
An Act to amend The Statute Labour Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 1 of section 23 of The Statute Labour Act isRS-O. a960,
c. 382, B. 23,
amended by striking out "five per cent" m the sixth and subs. i.
seventh lines and inserting in lieu thereof "any", so that the
subsection shall read as follows:
(1) The commissioners have power to open road <illow- ]^^^^®^^j^^
ances when they have been laid down in the original miesioneic
surveys, and, where such road allowances are either opening
wholly or partly impracticable, to lay out roads in
lieu thereof and direct the performance of statute
labour thereon, and, where no road allowances are
laid down in the original surveys, but any of the
area is reserved for roads, the commissioners may
lay out roads where necessary and direct the per-
formance of statute labour accordingly.
2. This Act comes into force on the day it receives Royal Sent"^'^^*'
Assent.
3. This Act may be cited as The Statute Labour Amendment ®^°'"* *^*^*
Act, 1962-63.
129
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BILL 129
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Statute Labour Act
Mr. MacNaughton
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 129 1962-63
An Act to amend The Statute Labour Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 1 of section 23 of The Statute Labour Act isRS.o. i960.
c. 382 8 23
amended by striking out "five per cent" in the sixth and subs, i,'
seventh lines and inserting in lieu thereof "any", so that the^'"^"
subsection shall read as follows:
(1) The commissioners have power to open road allow- JT**^®'"^ **^
ances when they have been laid down in the original miesioners
surveys, and, where such road allowances are either opening
wholly or partly impracticable, to lay out roads in'^"*
lieu thereof and direct the performance of statute
labour thereon, and, where no road allowances are
laid down in the original surveys, but any of the
area is reserved for roads, the commissioners may
lay out roads where necessary and direct the per-
formance of statute labour accordingly.
2. This Act comes into force on the day it receives Royal ment"*"°*'
Assent.
3. This Act may be cited as The Statute Labour Amendment ^^°^^ *'*'»
Act, 1962-63.
129
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BILL 130
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
The Gas and Oil Leases Act, 1962-63
Mr. Macaulay
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
This Act, which was passed in 1943 and has not been amended, is
designed to provide a simple, expeditious and inexpensive procedure for
removing defaulted gas and oil leases from the title of the lands leased.
The Bill contains a revision of the Act designed to give relief to land-
owners from the delays that must occur under the present Act and generally
to improve its operation.
130
BILL 130 1962-63
The Gas and Oil Leases Act, 1962-63
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, t'atfoT'-
(a) "gas or oil lease" includes any agreement, whether
by way of option, lease, grant or otherwise, granting
the right to operate lands for the production and
removal of natural gas or oil, or both, except a grant
to so operate where the amount or payment of the
consideration therefor is not dependent upon the
operation of such lands or upon the production of
gas or oil or upon the amount of gas or oil produced,
and "lessee" and "lessor" have corresponding mean-
ings and include heirs, successors, administrators,
executors, assigns and transferees of the lessee or
lessor, as the case may be;
(b) "judge" means the judge of the county or district
court of the county or district in which the land is
situate. R.S.O. 1960, c. 160, s. 1, amended.
2.^(1) Where the lessor of any land alleges, Application
^ ^ o upon default
(a) that a lessee has made default under the terms of a
gas or oil lease affecting the land in that he has
failed to commence to drill a well for natural gas or
oil and has failed to pay rentals in lieu thereof; or
(b) that a lessee has made default under the terms of a
gas or oil lease affecting the land, other than a
default specified in clause a, and
(i) that the default has continued for a period of
two years, or
(ii) that, the default having continued for a period
of less than two years, the lessor has given
notice in writing to the lessee specifying the
130
Notice of
default
default alleged and requiring the lessee to
cure the default within thirty days of the
giving of the notice, and that the lessee has
not cured the default within such thirty days,
the lessor may apply, upon affidavit, to a judge for an order
declaring the lease void and, if the lease or any assignment or
transfer thereof is registered, vacating every such registration.
R.S.O. 1960, c. 160, s. 2 (1), amended.
(2) Notice of default under subclause ii of clause b of sub-
section 1 shall be given to the lessee either by delivering it to
him, leaving it at his residence or sending it to him by
registered mail at his address as indicated in the lease, or at
his last known address, but, where an assignment or transfer
of the lease has been registered in the registry or land titles
office, the notice shall be given to the assignee or transferee,
instead of the original lessee, in the manner prescribed in this
subsection. New.
^r^inquiry'^* (3) The judge shall, in writing, appoint a time and place
default ^^ which he will inquire and determine whether default has
been made as alleged. R.S.O. 1960, c. 160, s. 2 (2).
Service
of notice
of inquiry
Idem
(4) A notice in writing of the time and place appointed,
together with a copy of the affidavit used upon the application,
shall be served upon the lessee either by delivering them to
him, leaving them at his residence or sending them to him
by registered mail at his address as indicated in the lease, or
at his last known address, or in such other manner and at
such other address as the judge directs, not less than thirty
days before the return of the appointment. R.S.O. 1960,
c. 160, s. 2 (3), amended.
(5) Where an assignment or transfer of the lease has been
registered in the registry or land titles office, the appointment
shall be served upon the assignee or transferee, instead of the
original lessee, in the manner prescribed in subsection 4.
R.S.O. 1960, c. 160, s. 2 (4), amended.
procee°dings 3. The proceedings shall be entitled in the county or
district court of the county or district in which the land lies,
and shall be styled:
"In the matter of , Lessor,
and , Lessee."
R.S.O. 1960, c. 160, s. 3.
fYiis^to ^^^^^^ *• — (^) I^ ^t ^^^ t^"^^ ^"^ P^^c^ appointed the lessee fails
appear to appear and it appears to the judge,
130
(a) that default has been made as indicated in clause a
of subsection 1 of section 2 ; or
{b) that default has been made as indicated in clause h
of subsection 1 of section 2 and,
(i) has continued for a period of two years, or
(ii) has not been cured within thirty days after
the giving of notice under subclause ii of the
said clause h,
as the case may be, the judge may, notwithstanding any
provision in the gas or oil lease requiring the lessor to give
notice to the lessee of any default, make an order declaring
that the gas or oil lease is void and, if the lease or any assign-
ment or transfer thereof is registered, vacating every such
registration. R.S.O. 1960, c. 160, s. 4 (1), amended.
(2) If the lessee appears, the judge shall, in a summary jWhere
manner, hear the parties and their witnesses and examine appears
into the matter, and, if it appears to the judge,
(a) that default has been made as indicated in clause a
of subsection 1 of section 2; or
{b) that default has been made as indicated in clause b
of subsection 1 of section 2 and,
(i) has continued for a period of two years, or
(ii) has not been cured within thirty days after
the giving of a notice under subclause ii of
the said clause b,
as the case may be, the judge may, notwithstanding any
provision in the gas or oil lease requiring the lessor to give
notice to the lessee of any default, make an order declaring
that the gas or oil lease is void and, if the lease or any assign-
ment or transfer thereof is registered, vacating every such
registration. R.S.O. 1960, c. 160, s. 4 (2), amended.
(3) Every order shall contain a description of the land ?f®fa''nd'*'°'^
affected sufificient to permit registration of the order, and,
where the order vacates the registration of a lease or an
assignment or transfer thereof, the order shall contain a refer-
ence to the registration number of such lease, assignment or
transfer. R.S.O. 1960, c. 160, s. 4 (3), amended.
130
Irregularities 5^ Yhe judge has the same power to amend or excuse
procedure irregularities in the proceedings as he has in an action. R.S.O.
1960, c. 160, s. 5.
Subsequent
drilling,
etc., not
to be
taken into
account
6. The judge, upon the hearing of the apphcation, shall not
take into account,
(a) any drilling done or sought to be done after the
making of the application ;
(b) any rentals or other remuneration tendered after the
making of the application ; or
(c) any other attempt, made after the making of the
application, to cure a default,
unless such drilling, tender or other action is agreed to or
accepted by the applicant. R.S.O. 1960, c. 160, s. 6, amended.
Appeal 7, An appeal lies to the Court of Appeal from the order of
the judge granting or refusing an order under section 4.
R.S.O. 1960, c. 160, s. 7.
^®eistration 8. Any order made under section 4, or a copy thereof certi-
fied by the clerk of the court under the seal of the court, may
be registered in the proper registry or land titles office. R.S.O.
1960, c. 160, s. 8, amended.
applications ^* ^"^ application made under The Gas and Oil Leases Act
R.S.O. I960, before this Act comes into force shall be continued and dis-
posed of as if this Act had not been passed.
0.160,' ' 10. The Gas and Oil Leases Act is repealed,
repealed
ment"*'^^^ 11. This Act comes into force on the day it receives Royal
Assent.
Short title 12. This Act may be cited as The Gas and Oil Leases Act,
1962-63.
130
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BILL 130
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
The Gas and Oil Leases Act, 1962-63
Mr. Macai lay
TORONTO
I^KINTF.D AND PUBLISHED BY KkANK FoGG, QuEKN's PkINTF.K
i
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BILL 130 1962-63
The Gas and Oil Leases Act, 1962-63
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, l^ltoT-
(a) "gas or oil lease" includes any agreement, whether
by way of option, lease, grant or otherwise, granting
the right to operate lands for the production and
removal of natural gas or oil, or both, except a grant
to so operate where the amount or payment of the
consideration therefor is not dependent upon the
operation of such lands or upon the production of
gas or oil or upon the amount of gas or oil produced,
and "lessee" and "lessor" have corresponding mean-
ings and include heirs, successors, administrators,
executors, assigns and transferees of the lessee or
lessor, as the case may be;
(b) "judge" means the judge of the county or district
court of the county or district in which the land is
situate. R.S.O. 1960, c. 160, s. 1, amended.
2.— (1) Where the lessor of any land alleges, upo*'" d^eSit
(a) that a lessee has made default under the terms of a
gas or oil lease affecting the land in that he has
failed to commence to drill a well for natural gas or
oil and has failed to pay rentals in lieu thereof; or
(b) that a lessee has made default under the terms of a
gas or oil lease affecting the land, other than a
default specified in clause a, and
(i) that the default has continued for a period of
two years, or
(ii) that, the default having continued for a period
of less than two years, the lessor has given
notice in writing to the lessee specifying the
130
default alleged and requiring the lessee to
cure the default within thirty days of the
giving of the notice, and that the lessee has
not cured the default within such thirty days,
the lessor may apply, upon affidavit, to a judge for an order
declaring the lease void and, if the lease or any assignment or
transfer thereof is registered, vacating everv such registration.
R.S.O. 1960, c. 160, s. 2 (1), amended.
Notice of
default
(2) Notice of default under subclause ii of clause b of sub-
section 1 shall be given to the lessee either by delivering it to
him, leaving it at his residence or sending it to him by
registered mail at his address as indicated in the lease, or at
his last known address, but, where an assignment or transfer
of the lease has been registered in the registry or land titles
office, the notice shall be given to the assignee or transferee,
instead of the original lessee, in the manner prescribed in this
subsection. New.
for^in^ifuiry"* (^) ^he judge shall, in writing, appoint a time and place
into £^(- ^vhich he will inquire and determine whether default has
been made as alleged. R.S.O. 1960, c. 160, s. 2 (2).
Service
of notice
of inquiry
Idem
(4) A notice in writing of the time and place appointed,
together with a copy of the affidavit used upon the application,
shall be served upon the lessee either by delivering them to
him, leaving them at his residence or sending them to him
by registered mail at his address as indicated in the lease, or
at his last known address, or in such other manner and at
such other address as the judge directs, not less than thirty
days before the return of the appointment. R.S.O. 1960,
c. 160, s. 2 (3), amended.
(5) Where an assignment or transfer of the lease has been
registered in the registry or land titles office, the appointment
shall be served upon the assignee or transferee, instead of the
original lessee, in the manner prescribed in subsection 4.
R.S.O. 1960, c. 160, s. 2 (4), amended.
procee'dings 3. The proceedings shall be entitled in the county or
district court of the county or district in which the land lies,
and shall be styled:
"In the matter of , Lessor,
and , Lessee."
R.S.O. 1960, c. 160, s. 3.
faiiefto '^^^^'^ *• — (^1) ^^ ^^ t'^^ ^""^ ^"*^ P^'^^^ appointed the lessee fails
appear to appear and it appears to the judge.
130
(a) that default has been made as indicated in clause a
of subsection 1 of section 2 ; or
(b) that default has been made as indicated in clause b
of subsection 1 of section 2 and,
(i) has continued for a period of two years, or
(ii) has not been cured within thirty days after
the giving of notice under subclause ii of the
said clause b,
as the case may be, the judge may, notwithstanding any
provision in the gas or oil lease requiring the lessor to give
notice to the lessee of any default, make an order declaring
that the gas or oil lease is void and, if the lease or any assign-
ment or transfer thereof is registered, vacating every such
registration. R.S.O. 1960, c. 160, s. 4 (1), amended.
(2) If the lessee appears, the judge shall, in a summary j^^^|^®
manner, hear the parties and their witnesses and examine appears
into the matter, and, if it appears to the judge,
(a) that default has been made as indicated in clause a
of subsection 1 of section 2; or
(6) that default has been made as indicated in clause b
of subsection 1 of section 2 and,
(i) has continued for a period of two years, or
(ii) has not been cured within thirty days after
the giving of a notice under subclause ii of
the said clause b,
as the case may be, the judge may, notwithstanding any
provision in the gas or oil lease requiring the lessor to give
notice to the lessee of any default, make an order declaring
that the gas or oil lease is void and, if the lease or any assign-
ment or transfer thereof is registered, vacating every such
registration. R.S.O. 1960, c. 160, s. 4 (2), amended.
(3) Every order shall contain a description of the land ?na''nd'"°'^
affected sufficient to permit registration of the order, and,
where the order vacates the registration of a lease or an
assignment or transfer thereof, the order shall contain a refer-
ence to the registration number of such lease, assignment or
transfer. R.S.O. 1960, c. 160, s. 4 (3), amended.
130
Irregularities 5^ x}^g judge has the same power to amend or excuse
procedure irregularities in the proceedings as he has in an action. R.S.O.
1960, c. 160, s. 5.
Subsequent
drilling,
etc., not
to be
taken into
account
Appeal
6. The judge, upon the hearing of the application, shall not
take into account,
(a) any drilling done or sought to be done after the
making of the application ;
(b) any rentals or other remuneration tendered after the
making of the application ; or
(c) any other attempt, made after the making of the
application, to cure a default,
unless such drilling, tender or other action is agreed to or
accepted by the applicant. R.S.O. 1960, c. 160, s. 6, amended.
7. An appeal lies to the Court of Appeal from the order of
the judge granting or refusing an order under section 4.
R.S.O. 1960, c. 160, s. 7.
Registration 8. Any order made under section 4, or a copy thereof certi-
of order -^ ^ r- j
fied by the clerk of the court under the seal of the court, may
be registered in the proper registry or land titles office. R.S.O.
1960, c. 160, s. 8, amended.
applications ^* "^"^ application made under The Gas and Oil Leases Act
R.S.O. I960, before this Act comes into force shall be continued and dis-
posed of as if this Act had not been passed.
c.'ieo,' ' 10. The Gas and Oil Leases Act is repealed.
repealed
ment^^"°^ 11. This Act comes into force on the day it receives Royal
Assent.
Short title J 2. This Act may be cited as The Gas and Oil Leases Act,
1962-63.
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BILL 131
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Highway Improvement Act
Mr. MacNaughton
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Sections 1, 2, 3 and 11. The terminology is brought into line with
Bill 111 respecting expropriation procedures.
131
BILL 131 1962-63
An Act to amend
The Highway Improvement Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 1 of section 3 of The Highway Improvement f'-fj^- 1^^^'
Act is amended by striking out "and description" in the fifth |^|^i^^
and sixth lines, so that the subsection shall read as follows:
(1) Where the Minister desires to acquire for the pur- crown
poses of this Part jurisdiction and control over Plans
Crown lands not under the jurisdiction and control
of the Department, he shall deposit with the Minister
of Lands and Forests and register in the proper
registry or land titles ofifice a plan of the land to be
known as and marked "Crown Land Plan" and
signed by himself, or by the Deputy Minister, or
by the Director of Services, or by the Superintendent
of Properties, or by the Superintendent of Surveys,
and by an Ontario land surveyor, and thereupon
the land is under the jurisdiction and control of the
Department for the purposes of this Part.
2. Subsection 1 of section 6 of The Highway Improvement r.s.o. i960,
Act is amended by striking out "and description" in the third subs. i. ' '
line, so that the subsection shall read as follows: amended
(1) Where the Minister desires to acquire an existing Pr^oc«<i"re
highway, he shall register in the proper registry or acquiring
land titles ofifice a plan of the highway to be known
as and marked "Assumption Plan" and signed by ^flJ^'^P*^®'^
himself, or by the Deputy Minister, or by the Direc-
tor of Services, or by the Superintendent of Pro-
perties, or by the Superintendent of Surveys, and
by an Ontario land surveyor, and thereupon the
highway vests in the Crown, and the Minister forth-
with shall give notice in writing of such vesting to
any municipality concerned.
131 rM
^•S-O- 1960, 3, — (1) Subsection 2 of section 7 of The Highway Improve-
subs. 2, * ment Act is amended by striking out "and description" in the
third line, so that the subsection shall read as follows:
Procedure
for expro-
priation
of land
Land Plan
(2) Where the Minister desires to expropriate land under
this section, he shall register in the proper registry
or land titles office a plan of the land to be known
as and marked "Land Plan" and signed by himself,
or by the Deputy Minister, or by the Director of
Services, or by the Superintendent of Properties, or
by the Superintendent of Surveys, and by an
Ontario land surveyor, and thereupon the land vests
in the Crown.
(2) Subsection 3 of the said section 7 is amended by striking
and description" in the third line, so that the subsection
R.S.O. I960,
c. 171, B. 7,
subs. 3, out
amended in i /• ,,
shall read as follows:
Where land
temporarily
required,
etc.
(3) Where the land is required for a limited time only or
only a limited estate, right or interest therein is
required, the plan so registered shall indicate, by
appropriate words thereon, that the land is taken
for such limited time only or that only such limited
estate, right or interest therein is taken, and by the
registration in such case the land for such limited
time or such limited estate, right or interest therein
vests in the Crown.
o!'*i7?,' 8.^22; 4:« — (1) Subsection 1 of section 22 of The Highway Improve-
re-enacted ^^nt Act is repealed and the following substituted therefor:
Connecting
links.
extensions
(1) Where it is deemed by the Minister that a highway,
(a) that is under the jurisdiction and control of
a city, town or village ; or
(b) that is in a city, town or village and under
the control of the county; or
(c) that was under the jurisdiction of the Depart-
ment but has reverted or been transferred to
a township and is an essential and direct
connection between parts of the King's
Highway,
should be constructed as a connecting link between
parts of the King's Highway or as an extension of
the King's Highway, the Lieutenant Governor in
Council may designate such highway as a connecting
link or as an extension, as the case may be, to be
131
Section 4 — Subsection 1. Under section 22 only a municipal highway
in a city, town or village and under the jurisdiction of the local munici-
pality or the county could heretofore be designated a connecting link or
extension of the King's Highway. It has recently been found desirable
to provide for such designation in certain urban townships where portions
of the King's Highway have been or will be transferred to the jurisdiction
and control of the township. The designation will permit the Department
to contribute the whole or a major share of the cost of construction and
maintenance of the connecting link under agreement with the township.
•m
131
Subsection 2. This amendment extends to a township certain powers
previously limited to a city, town or village.
Subsection 3. This amendment permits the Minister to enter into a
Qonnecting link agreement with a township.
Subsection 4. This amendment extends the scope of the subsecton to
include a township and provides for the apportionment of cost of construc-
tion and maintenance between the Minister and the municipality under
the agreement. It also increases the construction subsidy to cities and
separated towns from 50 per cent to 75 per cent, and the construction and
maintenance subsidies to other local municipalities having a population
of more than 2,500 from 75 per cent to 90 per cent.
131
constructed by the city, town, village, township or
county, and the council of the city, town, village,
township or county may pass by-laws for issuing
and may issue debentures under The Municipal Act, 0.249'
payable in such period as the Minister approves
but not exceeding twenty years from the time or
times when the debentures are issued, for an amount
sufficient to pay the municipality's share of the cost
of the construction of the highway, but, in the case of
a city, town, village or township, it is not necessary
for the council to obtain the assent of the electors
to any such by-laws for the issue of debentures or to
observe the formalities in relation thereto prescribed
by The Municipal Act.
(2) Subsection 2 of the said section 22 is amended by ^f^^- ^^^^|
striking out "or village" in the first line and inserting in lieu|^|j^2^^
thereof "village or township", so that the subsection shall
read as follows:
(2) In the case of a city, town, village or township, work wm'k as
required to be constructed under subsection 1 may improvement
be undertaken as a local improvement under The (,'223' '^^^^'
Local Improvement Act, and in that case the council
may by by-law fix the proportion of the cost of the
work to be borne by the municipality at large as the
council deems proper.
(3) Subsection 3 of the said section 22 is amended by ^S-O- 1960.
inserting after "village" in the second line "or township", sosubs. 3,
1 11 -111 irii amended
that the suosection shall read as follows:
(3) The Minister and the council of a town, not being a Construction
separated town, or of a village or township may enter maintenance
into an agreement for the construction and main- towns!^^'^ **'
tenance therein by the municipality or by the t^'^^ghipg
Department of a highway designated under sub-
section 1.
(4) Subsection 6 of the said section 22, as amended by ^•^^°- ^^|^,
section 1 of The Highway Improvement Amendment ylc^,8ub8. 6,
1960-61, is repealed and the following substituted therefor:
(6) An agreement under subsection 3, 4 or 5 may provide Apportion-
that a proportion of the cost of the work shall be paid cost of work
out of the moneys appropriated therefor by the
Legislature and that the remainder shall be borne
and paid by the city, town, village, township or
county, as the case may be, but the proportion to
be paid out of the moneys appropriated therefor by
the Legislature shall not exceed,
131
(a) where the highway is in a town, not being a
separated town, having a population of not
more than 2,500 or in a village or township
having a population of not more than 2,500,
a sum equal to the cost of the construction of
,; ( ,v a roadway of a width of not less than 22 feet
and not more than 48 feet and of the main-
tenance of a roadway of a width of not more
than 48 feet;
(b) where the highway is in a town, not being a
separated town, having a population of more
than 2,500 or in a village or township having
a population of more than 2,500, a sum equal
to 90 per cent of the cost of the construction
of a roadway of a width of not less than 22 feet
and not more than 48 feet and of the main-
tenance of a roadway having a width of not
more than 48 feet; and
(c) where the highway is in a city or separated
town, a sum equal to 75 per cent of the cost
of the construction of a roadway of a width
of not less than 22 feet and not more than
48 feet.
c^'iTi' 8^22' (^) Subsection 7 of the said section 22, as amended by
subs. 7, section 2 of The Highway Improvement Amendment Act, 1961-
re pealed ^o • i i
62, IS repealed.
R.s.o. I960, (6) Subsection 8 of the said section 22 is repealed and the
subs. 8, ' ' following substituted therefor:
re-enacted
Idem, (8) An agreement under subsection 3, 4 or 5 may
roadways^ provide for the construction and maintenance or for
the construction, as the case may be, of roadways or
additional widths of roadways necessary to permit
the proper interchange of traffic at intersections of the
highway designated under subsection 1 with any
other highway, and in that case the agreement may
provide that a proportion of the cost of the con-
struction and maintenance or construction, as the
case may be, of the work shall be paid out of the
moneys appropriated therefor by the Legislature and
that the remainder shall be borne and paid by the
city, town, village, township or county, but the
proportion to be paid out of the moneys appropriated
therefor by the Legislature shall not exceed,
131
and widths
w
Subsection 5. The special provisions as to bridges are no longer
necessary as the subsidy applicable to bridges is the same as is noW
applicable to other portions of the highway under the foregoing amend-
ments.
Subsection 6. This re-enacts an existing provision in respect of addi-
tional width of roadway but extends the benefits to a township; it also
provides the same increase in subsidies as in subsection 4.
131
Subsection 7. This amendment extends the scope of the subsection
to include a connecting link in a township.
Section 5. Section 39 of the Act, which authorizes the making of
regulations prohibiting or regulating the use of controlled-access highways
by any class of vehicles or animals, is being transferred to The Highway
Traffic Act. See section 5 of Bill 79 (reprinted as amended by the Standing
Committee on Highways and Highway Safety).
Section 6. The purpose of this new subsection is to obviate the
necessity for formal consent of the Lieutenant Governor in Council to a
by-law which merely widens an existing county road. It also clarifies the
status of the widening of the road as forming part of the road and as being
included in the county road system.
Section 7. The purpose of this amendment is to clarify the meaning
of the subsection.
131
(a) where the highway is in a town, not being a
separated town, having a population of not
more than 2,500 or in a village or township
having a population of not more than 2,500,
a sum equal to the cost of the construction
and maintenance of the work;
(b) where the highway is in a town, not being a
separated town, having a population of more
than 2,500 or in a village or township having
a population of more than 2,500, a sum
equal to 90 per cent of the cost of the con-
struction and maintenance of the work; and
(c) where the highway is in a city or separated
town, a sum equal to 75 per cent of the cost
of the construction of the work.
(7) Subsection 10 of the said section 22 is amended by ^"l^^- ^^|^'
inserting after "village" in the fourth line "township", sosubs^io
that the subsection shall read as follows:
(10) A highway does not, by reason of its having been Jj^^i^^^^^t^j.®^
constructed or maintained under this section, become unchanged
the property of the Crown, but every such highway
remains under the jurisdiction and control of the
city, town, village, township or county, as the case
may be.
. R.S.O. I960,
5. Section 39 of The Highway Improvement Act is repealed, c. i7i, s. 39,
•p o (^ 1 QfiO
6. Section 45 of The Highway Improvement Act is amended c.'iti,* s. 45',
by adding thereto the following subsection : amended
(3a) Where a county acquires land for the purpose ofp*^*"sof
widening a county road, the land so acquired, to the acquired for
f , 1 . 1 • 1 • r r 1 Widening
extent 01 the designated widening, torms part 01 the county road
road and is included in the county road system, and
subsection 6 does not apply thereto.
7. Subsection 2 of section 50 of The Highway Improvement ^-f;!^- ^^^^-
Act is amended by inserting after "time" in the first line subs. 2,
"within the calendar year in which the expenditure is to be
made", so that the subsection shall read as follows:
(2) A county may at any time within the calendar year ^"^P^^^^y
in which the expenditure is to be made submit to'^y-**^
the Minister for his approval a by-law covering an
estimated expenditure on roads supplementing the
by-law submitted under subsection 1.
131
?'i7iB^5i' S*— (1) Subsection 3 of section 51 of The Highway Im-
subs. 3. . ' provement Act is repealed and the following substituted there-
for:
re-enacted
Contribution
to be
deducted
(3) Where a contribution has been made from any
source whatsoever towards an expenditure to which
this section applies, the amount of such contribution
shall be deducted from the expenditure in the state-
ment submitted to the Minister unless the Minister
otherwise directs.
R.s.o. I960, (2) The said section 51 is amended by adding thereto the
c. 171, s. 51, . ,, . , . °
amended iouowmg subsection :
Advance
payments
(4) Notwithstanding subsection 1 but subject to sec-
tion 50, the Minister may, in his discretion, direct
payment to the county treasurer under this section,
on or after the 1st day of May in any year, of a sum
not exceeding 25 per cent,
(a) of the amount so paid by the Minister under
this section in respect of the preceding calendar
year; or
(6) of the average annual payments made by the
Minister under this section in respect of the
five preceding calendar years.
R.s.o. I960, 9. — (1) Subsection 5 of section 59 of The Highway Im-
subs. 5, ■ ' provement Act is amended by striking out "or storm" in the
amended ^^^^ jj^^^ ^^ ^^^^ ^^^ subsection shall read as follows:
Apportion-
ment of
cost of
construction
of wider
pavements
(5) In the case of the construction of a pavement more
than twenty-two feet in width, the agreement shall
provide the proportion in which the cost thereof is
to be borne by the respective parties, but such cost
shall not include the cost of curbs, gutters, catch
basins, sanitary sewers or drains or any other special
work, all of which cost shall be borne by the local
municipality.
^"17?: 8.^59: (2) Subsection 9 of the said .section 59 is amended by
iSlAded striking out "or storm" in the seventh line, so that the sub-
section shall read as follows:
Apportion-
ment of
cost of
maintenance
(9) In the case of the maintenance of a pavement more
than twenty-two feet in width, the agreement shall
provide the proportion of the cost thereof, including
the removal of snow and the application of chemicals
or abrasives and the removal thereof, that is to be
131
Section 8 — Subsection 1. By this amendment the municipality
will not be entirely deprived of subsidy for an expenditure in respect of
which a contribution, however small, may have been made from some
other source.
Subsection 2. This amendment will permit the Minister to assist
the county in the financing of road expenditures by making advance pay-
ments on the current year's subsidy for estimated road expenditures.
Section 9 — Subsection 1. This amendment will enable the county
or the suburban road commission, as the case may be, to contribute to the
cost of storm sewers constructed by a local municipality on a county or a
suburban road under an agreement made under section 59 of the Act.
Subsections 2 and 3. These amendments bring these subsections into
line with other amendments permitting subsidy for storm sewers.
Section 10 — Subsections 1 and 2. These amendments permit a county
to contribute to the cost of storm sewers on a road of an urban munici-
pality which has been designated as an extension of or a connecting link
in the county road system under an agreement between the county and the
municipality concerned.
131
borne by the respective parties, but such cost shall
not include the cost of maintaining curbs, gutters,
catch basins, sanitary sewers or drains or any other
special work, all of which cost shall be borne by the
local municipality.
(3) Subsection 13 of the said section 59 is amended by ^•^^^- ^^|^'
striking out "or storm" in the thirteenth line, so that thesubs^j^a^
subsection shall read as follows:
(13) Where the Minister has approved an agreement j^^^^^^y *°
under this section, the cost of the widening of the municipality
road, the construction of a pavement, the main-
tenance of a pavement, the construction and main-
tenance of curbs, gutters, catch basins and any other
special work properly chargeable to road improve-
ment that is borne and paid by the local munici-
pality in accordance with the agreement may, for
the purpose of determining the grant payable to the
local municipality out of the moneys appropriated
therefor by the Legislature, be included in the state-
ment of expenditures on roads under the jurisdiction
of the local municipality submitted to the Minister
under this Act, but the cost of constructing or main-
taining any sanitary sewer or drain shall not be
included in such statement.
10.— (1) Subsection 12 of section 60 of The Highway ff;0. i960.
Improvement Act is amended by striking out "or storm" in thesiibs. 12,
fifth line, so that the subsection shall read as follows:
(12) The total cost mentioned in subsections 10 and 1 1 ^hit\o°^*^'
includes the cost of the removal of snow and the i'^^^i'^*^®
application of chemicals and abrasives and the re-
moval thereof, but does not include the cost of the
maintenance of curbs, gutters, catch basins, sanitary
sewers or drains or any other special work, all of which
cost shall be borne by the urban municipality.
(2) Subsection 15 of the said section 60 is amended by ^^7*1 ; g^lo)
striking out "or storm" in the eleventh line, so that the sub-|^|jj^|^
section shall read as follows:
(15) The part of the cost of the construction of a pave- subsidy to
... f. , urban
ment and the mamtenance 01 a pavement or road- municipality
way, including the construction and maintenance
of curbs, gutters, catch basins and any other special
work properly chargeable to road improvement that
is borne by the urban municipality under the agree-
ment, may, for the purpose of determining the grant
131
8
payable to the urban municipality out of the moneys
appropriated therefor by the Legislature, be included
in the statement of expenditures submitted to the
Minister by the urban municipality under Part X,
but the cost of constructing or maintaining any
sanitary sewer or drain shall not be included in such
statement.
R.s.o. I960, 11. Subsection 2 of section 66 of The Highway Improve-
siibs. 2, ' ' ment Act is amended by striking out "and description" in the
amen e ^^^^ jj^^ ^^^ j^^ ^j^^ fourth line, SO that the subsection shall
read as follows:
Plan and
registration
(2) The plan of the land to be expropriated shall be
signed by the warden and clerk of the county and
by an Ontario land surveyor, and upon the registra-
tion of the plan in the proper registry or land titles
office the land is vested in the county.
R.s.o. I960,
c. 171, s. 76,
subs. 3,
amended
12. — (1) Subsection 3 of section 76 of The Highway
Improvement Act is amended by inserting after "time" in the
first line "within the calendar year in which the expenditure
is to be made", so that the subsection shall read as follows:
Supple-
mentary
by-law
(3) A township may at any time within the calendar
year in which the expenditure is to be made submit
to the Minister for his approval a by-law covering
an estimated expenditure on road construction and
maintenance supplementing the b^^-law submitted
under subsection 2.
R.s.o. I960,
c. 171, B. 76,
amended
(2) The said section 76 is amended by adding thereto the
following subsection:
Connecting
link
expenditures,
when to be
and not to
be included
in statement
{Za) Where the construction or maintenance of a road
in a township that is a connecting link or extension
of the King's Highway is carried out under an agree-
ment made with the Minister under section 22, the
expenditure made by the township on such road
shall not be included in the statement submitted to
the Minister under this section unless the work on
which the expenditure is made is additional to that
provided for in the agreement and is properly
chargeable to road improvement under this Part.
R.s.o. I960, 13. Section 79 of The Highway Improvement Act is amended
amended ' by adding thereto the following subsection :
Advance
payments
(5) Notwithstanding subsection 1 but subject to sub-
section 2 of section 76, the Minister may, in his
131
Section 12 — Subsection 1. The purpose of this amendment is to
clarify the meaning of the subsection.
Subsection 2. By reason of the amendment to section 22 of the Act
permitting the designation of a township road as a connecting link or
extension of the King's Highway, section 76 is amended to exclude from
the ordinary municipal subsidies those items of expenditure which have
already been subsidized under a connecting link agreement at the higher
rates applicable thereunder. This provision is similar to that contained
in section 83 (4) of the Act, applicable to a city, town or village in similar
circumstances.
Section 13. This new provision will permit the Minister to assist
townships in financing road expenditures by making an advance payment
on the current year's subsidy for estimated road expenditures.
131
Section 14. The purpose of this amendment is to clarify the meaning
of the subsection.
Section 15. This permits advance payments of subsidy to a city,
town or village in the same manner as hereinbefore provided in the case
of a township and a county.
Section 16 — Subsections 1 and 2. These amendments permit the
Minister to subsidize the construction and maintenance of storm sewers
as being an expenditure properly chargeable to road improvement on a
highway under the jurisdiction of a city, town or village.
131
discretion, direct payment to the township treasurer
under this section, on or after the 1st day of May in
any year, of a sum not exceeding 25 per cent,
(a) of the amount so paid by the Minister under
this section in respect of the preceding calendar
year; or
(b) of the average annual payments made by the
Minister under this section in respect of the
five preceding calendar years.
14. Subsection 2 of section 82 of The Highway Improve- f'-f;^^- ^^^^'
ment Act is amended by inserting after "time" in the first lineeubs. 2,
"within the calendar year in which the expenditure is to be
made", so that the subsection shall read as follows:
(2) A city, town or village may at any time within the suppie-
calendar year in which the expenditure is to be made by-?aw ^
submit to the Minister for his approval a by-law
covering an estimated expenditure on road con-
struction and maintenance supplementing the by-
law submitted under subsection 1.
15. Section 83 of The Highway Improvement Act is amended ^f^- I^q'
by adding thereto the following subsection: amended
(5) Notwithstanding subsection 1 but subject to sec- Advance
• n^i TVI-- -i-i- • I- payments
tion 82, the Mmister may, m his discretion, direct
payment to the treasurer of the municipality under
this section, on or after the 1st day of May in any
year, of a sum not exceeding 25 per cent,
(a) of the amount so paid by the Minister under
this section in respect of the preceding
calendar year; or
(b) of the average annual payments made by the
Minister under this section in respect of the
five preceding calendar years.
16. — (1) Item 5 of section 84 of The Highway Improvement '^■^■O- 1960,
Act is amended by inserting after "than" in the second line item 5,
"sanitary", so that the item shall read as follows: *"^^"
5. Constructing and maintaining bridges, culverts or
other structures, other than sanitary sewers, inci-
dental to the construction of a road.
131 UA
10
^•S-0. 1960. (2) Item 7 of the said section 84 is amended by striking
item 7, ' ' out "other than sewers" in the third Hne, so that the item
amended in i r n
shall read as loUows:
7. Constructing and maintaining an approved base for
the road surface including the installing and main-
taining of under-drainage therefor.
R.s.o. I960, 17, xhe Highway Improvement Act is amended by adding
amended thereto the following Part:
PART XII -A
Interpre-
tation
SUBWAY CONSTRUCTION
91a. — (1) In this section,
(a) "Metropolitan Corporation" means The Muni-
cipality of Metropolitan Toronto;
{h) "subway" means that part of the rapid
transit system of the Toronto Transit Com-
mission known as the Bloor-Danforth Sub-
way;
(c) "subway right-of-way construction" means,
(i) clearing the land for the subway of
obstructions,
(ii) taking up, removing or changing the
location of public utilities,
(iii) constructing tunnels, bridges, culverts
or other structures incidental to the
subway right-of-way construction, ex-
cept sanitary sewers,
(iv) constructing a base for the subway,
including the installing of under-drain-
age therefor, other than sanitary sewers,
and
(v) such other work relating to the con-
struction of the subway as the Minister
may approve.
Submission
of by-law
covering
expenditure
(2) On or before the 31st day of March in any year, and,
with the consent of the Minister, at any time during
a year, the Metropolitan Corporation may submit
131
M :i
Section 17. This section provides for an annual grant by the
Province to Metropolitan Toronto in respect of its expenditure for right-
of-way construction of the Bloor-Danforth Subway.
131
fr
11
to the Minister for his approval a by-law setting out
the estimated expenditure for the calendar year on
subway right-of-way construction carried out on or
after the 1st day of April, 1964.
(3) No grant shall be made for an expenditure unless ^^^^^J^f^
the expenditure has been set out in a by-law approved
by the Minister under subsection 2.
(4) Where the Minister has approved a by-law under Annual
subsection 2, the Metropolitan Corporation shall to Minister
annually, and, with the consent of the Minister,
may at any time during the progress of the subway
right-of-way construction, submit to the Minister,
(a) a detailed statement of receipts and ex-
penditures in the form prescribed by the
Minister;
(b) a declaration of the treasurer of the Metro-
politan Corporation that the statement is
correct ;
(c) a declaration of the officer of the Metropolitan
Corporation or other officer responsible for
the subway right-of-way construction that
the statement contains only receipts and
expenditures for such construction; and
(d) a petition, authorized by resolution of the
council of the Metropolitan Corporation, for
the payment of the grant.
(5) Upon receipt of the statement, declarations ^ind Power to
petition and the approval thereof by the proper officer
of the Department, the Minister may direct payment
to the treasurer of the Metropolitan Corporation
out of the moneys appropriated therefor by the
Legislature of an amount not exceeding 33}yi per
cent of the expenditure, and in all cases of doubt or
dispute the decision of the Minister is final.
18. — (1) This Act, except section 5, comes into force on^ommence-
e day it receives Royal Assent.
(2) Section 5 comes into force on the 1st day of July, 1963. ^^^^
19. This Act may be cited as The Highway Improvement short title
Amendment Act, 1962-63.
131
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BILL 131
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Highway Improvement Act
Mr. MacNaughton
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 131 1962-63
An Act to amend
The Highway Improvement Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 1 of section 3 of The Highway Improvement f'-f^^- 1^^^-
Act is amended by striking out "and description" in the fif th l^^^;^^^^
and sixth lines, so that the subsection shall read as follows:
(1) Where the Minister desires to acquire for the pur- Crown
poses of this Part jurisdiction and control over Plans
Crown lands not under the jurisdiction and control
of the Department, he shall deposit with the Minister
of Lands and Forests and register in the proper
registry or land titles office a plan of the land to be
known as and marked "Crown Land Plan" and
signed by himself, or by the Deputy Minister, or
by the Director of Services, or by the Superintendent
of Properties, or by the Superintendent of Surveys,
and by an Ontario land surveyor, and thereupon
the land is under the jurisdiction and control of the
Department for the purposes of this Part.
2. Subsection 1 of section 6 of The Highway Improvement n.s.o. i960.
Act is amended by striking out "and description" in the third subs, i, *
line, so that the subsection shall read as follows: amen e
(1) Where the Minister desires to acquire an existing P^^pcedure
highway, he shall register in the proper registry or acquiring
land titles office a plan of the highway to be known
as and marked "Assumption Plan" and signed by ^flJJ'^P*^^"
himself, or by the Deputy Minister, or by the Direc-
tor of Services, or by the Superintendent of Pro-
perties, or by the Superintendent of Surveys, and
by an Ontario land surveyor, and thereupon the
highway vests in the Crown, and the Minister forth-
with shall give notice in writing of such vesting to
any municipality concerned.
131
o^'i??' 3^7^' ^* — (^) Subsection 2 of section 7 of The Highway Improve-
^'mended ^^^^ ^^^ is amended by striking out "and description" in the
third line, so that the subsection shall read as follows:
Procedure
for expro-
priation
of land
Land Plan
(2) Where the Minister desires to expropriate land under
this section, he shall register in the proper registry
or land titles office a plan of the land to be known
as and marked "Land Plan" and signed by himself,
or by the Deputy Minister, or by the Director of
Services, or by the Superintendent of Properties, or
by the Superintendent of Surveys, and by an
Ontario land surveyor, and thereupon the land vests
in the Crown.
o"i7i" s^7^' (^^ Subsection 3 of the said section 7 is amended by striking
subs. 3 out "and description" in the third line, so that the subsection
shall read as follows:
Where land
temporarily-
required,
etc.
(3) Where the land is required for a limited time only or
only a limited estate, right or interest therein is
required, the plan so registered shall indicate, by
appropriate words thereon, that the land is taken
for such limited time only or that only such limited
estate, right or interest therein is taken, and by the
registration in such case the land for such limited
time or such limited estate, right or interest therein
vests in the Crown.
R.S.O. I960.
C. 171, 8. 22,
subs. 1,
re-enacted
4. — (1) Subsection 1 of section 22 of The Highway Improve-
ment Act is repealed and the following substituted therefor:
Connecting
links,
extensions
(1) Where it is deemed by the Minister that a highway-,
{a) that is under the jurisdiction and control of
a city, town or village; or
{b) that is in a city, town or village and under
the control of the county; or
(c) that was under the jurisdiction of the Depart-
ment but has reverted or been transferred to
a township and is an essential and direct
connection between parts of the King's
Highway,
should be constructed as a connecting link between
parts of the King's Highway or as an extension of
the King's Highway, the Lieutenant Governor in
Council may designate such highway as a connecting
link or as an extension, as the case may be, to be
131
constructed by the city, town, village, township or
county, and the council of the city, town, village,
township or county may pass by-laws for issuing
and may issue debentures under The Municipal Act,c.'249'
payable in such period as the Minister approves
but not exceeding twenty years from the time or
times when the debentures are issued, for an amount
sufficient to pay the municipality's share of the cost
of the construction of the highway, but, in the case of
a city, town, village or township, it is not necessary
for the council to obtain the assent of the electors
to any such by-laws for the issue of debentures or to
observe the formalities in relation thereto prescribed
by The Municipal Act.
(2) Subsection 2 of the said section 22 is amended by ^j^^- g^|^'
striking out "or village" in the first line and inserting in lieu|^|^2.
thereof "village or township", so that the subsection shall
read as follows:
(2) In the case of a city, town, village or township, work Wt^'jJ^ as
required to be constructed under subsection 1 may improvement
be undertaken as a local improvement under The^'22i' ^^^^'
Local Improvement Act, and in that case the council
may by by-law fix the proportion of the cost of the
work to be borne by the municipality at large as the
council deems proper.
(3) Subsection 3 of the said section 22 is amended by R^S-O. i960,
inserting after "village" in the second line "or township", sosubs. 3,
that the subsection shall read as follows:
(3) The Minister and the council of a town, not being a Construction
separated town, or of a village or township may enter maintenance
into an agreement for the construction and main- towlis"*" *'
tenance therein by the municipality or by thetoi^^^i'pg
Department of a highway designated under sub-
section 1.
(4) Subsection 6 of the said section 22, as amended by ^•^^^- 1^^*^-
section 1 of 'The Highway Improvement Amendment .4d,subs. 6
1960-61, is repealed and the following substituted therefor:
(6) An agreement under subsection 3, 4 or 5 may provide Apportion-
that a proportion of the cost of the work shall be paid cost of work
out of the moneys appropriated therefor by the
Legislature and that the remainder shall be borne
and paid by the city, town, village, township or
county, as the case may be, but the proportion to
be paid out of the moneys appropriated therefor by
the Legislature shall not exceed,
131
(a) where the highway is in a town, not being a
separated town, having a population of not
more than 2,500 or in a village or township
having a population of not more than 2,500,
a sum equal to the cost of the construction of
a roadway of a width of not less than 22 feet
and not more than 48 feet and of the main-
tenance of a roadway of a width of not more
than 48 feet;
(b) where the highway is in a town, not being a
separated town, having a population of more
than 2,500 or in a village or township having
a population of more than 2,500, a sum equal
to 90 per cent of the cost of the construction
of a roadway of a width of not less than 22 feet
and not more than 48 feet and of the main-
tenance of a roadway having a width of not
more than 48 feet; and
(c) where the highway is in a city or separated
town, a sum equal to 75 per cent of the cost
of the construction of a roadway of a width
of not less than 22 feet and not more than
48 feet.
o^m' 8^22' (^) Subsection 7 of the said section 22, as amended by sec-
8ub8. 7. tion 2 of The Highway Improvement Amendment Act, 1961-62,
IS repealed.
R.s.o. I960, (6) Subsection 8 of the said section 22 is repealed and the
c 171 8 22 • •
siibs. 8. ' ' following substituted therefor:
ro-enacted
Idem, (8) An agreement under subsection 3, 4 or 5 may
roadways provide for the construction and maintenance or for
the construction, as the case may be, of roadways or
additional widths of roadways necessary to permit
the proper interchange of traffic at intersections of the
highway designated under subsection 1 with any
other highway, and in that case the agreement may
provide that a proportion of the cost of the con-
struction and maintenance or construction, as the
case may be, of the work shall be paid out of the
moneys appropriated therefor by the Legislature and
that the remainder shall be borne and paid by the
city, town, village, township or county, but the
proportion to be paid out of the moneys appropriated
therefor by the Legislature shall not exceed,
131
(a) where the highway is in a town, not being a
separated town, having a population of not
more than 2,500 or in a village or township
having a population of not more than 2,500,
a sum equal to the cost of the construction
and maintenance of the work;
(b) where the highway is in a town, not being a
separated town, having a population of more
than 2,500 or in a village or township having
a population of more than 2,500, a sum
equal to 90 per cent of the cost of the con-
struction and maintenance of the work; and
(c) where the highway is in a city or separated
town, a sum equal to 75 per cent of the cost
of the construction of the work.
(7) Subsection 10 of the said section 22 is amended by ^•^^^. i960,
inserting after "village" in the fourth line "township", so subs. io.
that the subsection shall read as follows:
(10) A highway does not, by reason of its having been JjJ^i8^^i°*^j.o^
constructed or maintained under this section, become unchanged
the property of the Crown, but every such highway
remains under the jurisdiction and control of the
city, town, village, township or county, as the case
may be.
I
"R ^ O 1 QfiO
5. Section 39 of The Highway Improvement Act is repealed, c. i7i, a. 39^
6. Section 45 of The Highway Improvement Act is amended c.iii.' s. 45!
by adding thereto the following subsection : amended
(3a) Where a county acquires land for the purpose of j^*^^"' °'
widening a county road, the land so acquired, to the acquired for
r 1 1 • 1 • 1 • r ft Widening
extent ot the designated widenmg, lorms part ot the county road
road and is included in the county road system, and
subsection 6 does not apply thereto.
7. Subsection 2 of section 50 of The Highway Improvement ^•^■^- i^so,
Act is amended by inserting after "time" in the first line8ubs.2 '
"within the calendar year in which the expenditure is to be
made", so that the subsection shall read as follows:
(2) A county may at any time within the calendar year ^"gP^^^^V
in which the expenditure is to be made submit to^y-'^^
the Minister for his approval a by-law covering an
estimated expenditure on roads supplementing the
by-law submitted under subsection 1.
131
c^i7?'8^5i' ^* — (^^ Subsection 3 of section 51 of The Highway Im-
subs. 3. provement Act is repealed and the following substituted there-
for:
to°be"'^"*^°" (3) Where a contribution has been made from any
deducted source whatsoever towards an expenditure to which
this section applies, the amount of such contribution
shall be deducted from the expenditure in the state-
ment submitted to the Minister unless the Minister
otherwise directs.
R.s.o. I960, (2) The said section 51 is amended by adding thereto the
amended ' following subsection :
payments ^^^ Notwithstanding subsection 1 but subject to sec-
tion 50, the Minister may, in his discretion, direct
payment to the county treasurer under this section,
on or after the 1st day of May in any year, of a sum
not exceeding 25 per cent,
{a) of the amount paid by the Minister under
this section in respect of the preceding calendar
year; or
(6) of the average annual payments made by the
Minister under this section in respect of the
five preceding calendar years.
R.s.o. I960. 9. — (1) Subsection 5 of section 59 of The Highway Im-
Bubs. 5, ' ' provement Act is amended by striking out "or storm" in the
fifth line, so that the subsection shall read as follows:
ment'of^'*" (5) In the case of the construction of a pavement more
construction ^^^'^ twenty-two feet in width, the agreement shall
of wider provide the proportion in which the cost thereof is
D£lV6II16Ilt)8 tr tr
to be borne by the respective parties, but such cost
shall not include the cost of curbs, gutters, catch
basins, sanitary sewers or drains or any other special
work, all of which cost shall be borne by the local
municipality.
?i7?:b.^59: (2) Subsection 9 of the said section 59 is amended by
amended Striking out "or storm" in the seventh line, so that the sub-
section shall read as follows:
ment'of*'"' (^) ^^ ^^^ ^^^^ °^ ^^^ maintenance of a pavement more
cost of than twenty-two feet in width, the agreement shall
maintenance ... . . , ir-ij-
provide the proportion of the cost thereof, including
the removal of snow and the application of chemicals
or abrasives and the removal thereof, that is to be
131
borne by the respective parties, but such cost shall
not include the cost of maintaining curbs, gutters,
catch basins, sanitary sewers or drains or any other
special work, all of which cost shall be borne by the
local municipality.
(3) Subsection 13 of the said section 59 is amended by ^■^^<^- ^^^o.
striking out "or storm" in the thirteenth line, so that the subs. 13,
subsection shall read as follows:
(13) Where the Minister has approved an agreement j^'^^^^'^y *°
under this section, the cost of the widening of the municipality
road, the construction of a pavement, the main-
tenance of a pavement, the construction and main-
tenance of curbs, gutters, catch basins and any other
special work properly chargeable to road improve-
ment that is borne and paid by the local munici-
pality in accordance with the agreement may, for
the purpose of determining the grant payable to the
local municipality out of the moneys appropriated
therefor by the Legislature, be included in the state-
ment of expenditures on roads under the jurisdiction
of the local municipality submitted to the Minister
under this Act, but the cost of constructing or main-
taining any sanitary sewer or drain shall not be
included in such statement.
10. — (1) Subsection 12 of section 60 of The Highway 'RS;0. i960.
Improvement Act is amended by striking out "or storm" in theeiibs. 12,'
fifth line, so that the subsection shall read as follows:
(12) The total cost mentioned in subsections 10 and H what^to^^*'
includes the cost of the removal of snow and the^'^^^"^®
application of chemicals and abrasives and the re-
moval thereof, but does not include the cost of the
maintenance of curbs, gutters, catch basins, sanitary
sewers or drains or any other special work, all of which
cost shall be borne by the urban municipality.
(2) Subsection 15 of the said section 60 is amended by ^fy^i ; g^lo!
striking out "or storm" in the eleventh line, so that the sub-^ubs. is
1 11 1 f 11 amended
section shall read as follows:
(15) The part of the cost of the construction of a pave- subsidy to
, , • . '^ , urban
ment and the mamtenance of a pavement or road- municipality
way, including the construction and maintenance
of curbs, gutters, catch basins and any other special
work properly chargeable to road improvement that
is borne by the urban municipality under the agree-
ment, may, for the purpose of determining the grant
131
8
payable to the urban municipality out of the moneys
appropriated therefor by the Legislature, be included
in the statement of expenditures submitted to the
Minister by the urban municipality under Part X,
but the cost of constructing or maintaining any
sanitary sewer or drain shall not be included in such
statement.
R.S.O. I960,
c. 171, 8. 66,
subs. 2,
amended
11. Subsection 2 of section 66 of The Highway Improve-
ment Act is amended by striking out "and description" in the
first line and in the fourth line, so that the subsection shall
read as follows:
Plan and
registration
(2) The plan of the land to be expropriated shall be
signed by the warden and clerk of the county and
by an Ontario land surveyor, and upon the registra-
tion of the plan in the proper registry or land titles
office the land is vested in the county.
R.S.O. I960,
c. 171, 8. 76,
subs. 3,
amended
12. — (1) Subsection 3 of section 76 of The Highway
Improvement Act is amended by inserting after "time" in the
first line "within the calendar year in which the expenditure
is to be made", so that the subsection shall read as follows:
Supple-
mentary
by-law
(3) A township may at any time within the calendar
year in which the expenditure is to be made submit
to the Minister for his approval a by-law covering
an estimated expenditure on road construction and
maintenance supplementing the by-law submitted
under subsection 2.
R.S.O. I960,
C. 171. 8. 76,
amended
(2) The said section 76 is amended by adding thereto the
following subsection:
Connecting
link
expenditures,
when to be
and not to
be included
in statement
(3a) Where the construction or maintenance of a road
in a township that is a connecting link or extension
of the King's Highway is carried out under an agree-
ment made with the Minister under section 22, the
expenditure made by the township on such road
shall not be included in the statement submitted to
the Minister under this section unless the work on
which the expenditure is made is additional to that
provided for in the agreement and is properly
chargeable to road improvement under this Part.
R.S.O. I960, 13. Section 79 of The Highway Improvement Act is amended
amended ' by adding thereto the following subsection :
Advance
payments
(5) Notwithstanding subsection 1 but subject to sub-
section 2 of section 76, the Minister may, in his
131
w
discretion, direct payment to the township treasurer
under this section, on or after the 1st day of May in
any year, of a sum not exceeding 25 per cent,
(a) of the amount so paid by the Minister under
this section in respect of the preceding calendar
year; or
(b) of the average annual payments made by the
Minister under this section in respect of the
five preceding calendar years.
14. Subsection 2 of section 82 of The Highway Improve- ^-f;^^- 1^^^'
ment Act is amended by inserting after "time" in the first linesubs. 2
"within the calendar year in which the expenditure is to be
made", so that the subsection shall read as follows:
(2) A city, town or village may at any time within thesuppie-
calendar year in which the expenditure is to be madeby-?aw^
submit to the Minister for his approval a by-law
covering an estimated expenditure on road con-
struction and maintenance supplementing the by-
law submitted under subsection 1.
15. Section 83 of The Highway Improvement Act is amended ^-fy^* \^^'
by adding thereto the following subsection: amended
(5) Notwithstanding subsection 1 but subject to sec- Advance
• 0^1 -xit- • -i-i- • 1- payments
tion 82, the Mmister may, m his discretion, direct
payment to the treasurer of the municipality under
this section, on or after the 1st day of May in any
year, of a sum not exceeding 25 per cent,
(a) of the amount so paid by the Minister under
this section in respect of the preceding
calendar year; or
(6) of the average annual payments made by the
Minister under this section in respect of the
five preceding calendar years.
16. — (1) Item 5 of section 84 of The Highway Improvement ^-^-O- 1960.
Act is amended by inserting after "than" in the second line item 5,
"sanitary", so that the item shall read as follows: ^'"''"
5. Constructing and maintaining bridges, culverts or
other structures, other than sanitary sewers, inci-
dental to the construction of a road.
131
amended
10
c^^'iTi' 8^84' (^) Item 7 of the said section 84 is amended by striking
ainend'ed ^"^ "other than sewers" in the third line, so that the item
shall read as follows:
7. Constructing and maintaining an approved base for
the road surface including the installing and main-
taining of under-drainage therefor.
R.s^o. I960, 17, xhe Highway Improvement Act is amended by adding
amended thereto the following Part:
PART XII-A
SUBWAY CONSTRUCTION
tatfoT®" 91a.— (1) In this section,
(a) "Metropolitan Corporation" means The Muni-
cipality of Metropolitan Toronto;
(6) "subway" means that part of the rapid
transit system of the Toronto Transit Com-
mission known as the Bloor-Danforth Sub-
way;
(c) "subway right-of-way construction" means,
(i) clearing the land for the subway of
obstructions,
(ii) taking up, removing or changing the
location of public utilities,
(iii) constructing tunnels, bridges, culverts
or other structures incidental to the
subway right-of-way construction, ex-
cept sanitary sewers,
(iv) constructing a base for the subway,
including the installing of under-drain-
age therefor, other than sanitary sewers,
and
(v) such other work relating to the con-
struction of the subway as the Minister
may approve.
Submission (2) On or before the 31st day of March in any year, and,
covering with the consent of the Minister, at any time during
a year, the Metropolitan Corporation may submit
131
11
to the Minister for his approval a by-law setting out
the estimated expenditure for the calendar year on
subway right-of-way construction carried out on or
after the 1st day of April, 1964.
(3) No grant shall be made for an expenditure unless ^^^^^J^'
the expenditure has been set out in a by-law approved
by the Minister under subsection 2.
(4) Where the Minister has approved a by-law under Annual
subsection 2, the Metropolitan Corporation shall to Minister
annually, and, with the consent of the Minister,
may at any time during the progress of the subway
right-of-way construction, submit to the Minister,
(a) a detailed statement of receipts and ex-
penditures in the form prescribed by the
Minister;
(b) a declaration of the treasurer of the Metro-
politan Corporation that the statement is
correct ;
(c) a declaration of the officer of the Metropolitan
Corporation or other officer responsible for
the subway right-of-way construction that
the statement contains only receipts and
expenditures for such construction; and
(d) a petition, authorized by resolution of the
council of the Metropolitan Corporation, for
the payment of the grant.
(5) Upon receipt of the statement, declarations a"<i ma^©'^ r° nt
petition and the approval thereof by the proper officer
of the Department, the Minister may direct payment
to the treasurer of the Metropolitan Corporation
out of the moneys appropriated therefor by the
Legislature of an amount not exceeding 333^ per
cent of the expenditure, and in all cases of doubt or
dispute the decision of the Minister is final.
18. — (1) This Act, except section 5, comes into force on ^o^^.'^^'^^e-
the day it receives Royal Assent.
(2) Section 5 comes into force on the 1st day of July, 1963. ^^^"^
19. This Act may be cited as The Highway Improvement Short title
Amendment Act, 1962-63.
131
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BILL 132
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Labour Relations Act
Mr. Rowntree
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Ul JJ|?1
iH itioflj jj oJ
Explanatory Note
The purpose of this Bill is to provide for the continuation of bargaining
rights of a trade union where a business is sold and to enable the Ontario
Labour Relations Board to determine which trade union, if any, is the
bargaining agent where the employees of two or more businesses are inter-
mingled.
132
BILL 132 1962-63
An Act to amend The Labour Relations Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Labour Relations Act is amended by adding thereto ^-^-O- ^^^^<
1 r II • • J » C. 202,
the lOllowmg section: amended
47a.— (1) In this section, taUoT®'
(a) "business" includes a part or parts thereof;
(6) "sells" includes leases, transfers and any other
manner of disposition, and "sold" and "sale"
have corresponding meanings.
(2) Where an employer who is bound by or is a party f^^^pj^^g^
to a collective agreement with a trade union or on
behalf of whose employees a trade union has been
certified as bargaining agent or has given or is entitled
to give notice under section 11 or 40 sells his
business, the trade union continues, until the Board
otherwise directs, to be the bargaining agent for the
employees of the person to whom the business was
sold in the like bargaining unit in that business,
and the trade union is entitled to give to the person
to whom the business was sold a written notice of
its desire to bargain with a view to making a collec-
tive agreement, and such notice has the same effect
as a notice under section 11.
(3) Where a business was sold to a person and a trade jgoarli^ °^
union was the bargaining agent of any of the em-
ployees in such business or a trade union is the
bargaining agent of the employees in any business
carried on by the person to whom the business was
sold, and,
132
(a) any question arises as to what constitutes
the like bargaining unit referred to in sub-
section 2 ; or
(b) any person or trade union claims that, by
virtue of the operation of subsection 2, a
conflict exists between the bargaining rights
of the trade union that represented the em-
ployees of the predecessor employer and the
trade union that represents the employees of
the person to whom the business was sold,
the Board may, upon the application of any person
or trade union concerned,
(c) define the composition of the like bargaining
unit referred to in subsection 2 with such
modification, if any, as the Board deems
necessary; and
(d) amend, to such extent as the Board deems
necessary, any bargaining unit in any certi-
ficate issued to any other union or any
bargaining unit defined in any collective
agreement.
^^^"^ (4) The Board may, upon the application of any person
or trade union concerned made within thirty days
after the trade union has given a notice under sub-
section 2, terminate the bargaining rights of the
trade union that has given notice if, in the opinion
of the Board, the person to whom the business was
sold has changed its character so that it is sub-
stantially different from the business of the pre-
decessor employer.
^^®"^ (5) Where a business was sold to a person who carries
on one or more other businesses and a trade union
is the bargaining agent of the employees in any of
the businesses and such person intermingles the
employees of one of the businesses with those of
another of the businesses, the Board may, upon the
application of any person or trade union concerned,
(a) determine whether the employees concerned
constitute one or more appropriate bargaining
units;
(b) declare which trade union or trade unions, if
any, shall be the bargaining agent or agents
for the employees in such unit or units; and
132
(c) amend, to such extent as the Board deems
necessary, any certificate issued to any trade
union or any bargaining unit defined in any
collective agreement.
(6) Where a trade union is declared to be the bargaining Notice to
agent under subsection 5, it is entitled to give to the
employer a written notice of its desire to bargain with
a view to making a collective agreement, and such
notice has the same elTect as a notice under section 11.
(7) Before disposing of any application under thisPowejs^of
section, the Board may make such inquiry, may disposing of
, , . . , . , , . application
require the production oi such evidence and the
doing of such things, or may hold such representation
votes, as it deems appropriate.
(8) Where an application is made under this section, an^*^pio%r
employer is not required, notwithstanding that a ^°\,^^^^?J^®^
notice has been given by a trade union, to bargain
with that trade union concerning the employees to
whom the application relates until the Board has
disposed of the application and has declared which
trade union, if any, has the right to bargain with the
employer on behalf of the employees concerned in
the application.
(9) For the purposes of sections 5, 43, 46 and 96, a^^ectof
. ., . ', . notice or
notice given by a trade union under subsection 2 or declaration
a declaration made by the Board under subsection 5
has the same effect as a certification under section 7.
2. Section 4 of The Labour Relations Amendment Act,\^^^^'^
1961-62 is repealed. repealed
3. This Act may be cited as The Labour Relations Amend-^^^^^ ''^"^
ment Act, 1962-63.
132
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BILL 132
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Labour Relations Act
Mr. Rowntree
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
sfv.:ii
BILL 132 1962-63
An Act to amend The Labour Relations Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Labour Relations Act is amended by adding thereto RS^O- i^^o,
the following section: amended
47a.— (1) In this section, tatkfn'"*"
(a) "business" includes a part or parts thereof;
{b) "sells" includes leases, transfers and any other
manner of disposition, and "sold" and "sale"
have corresponding meanings.
(2) Where an employer who is bound by or is a party |^°p^i^°^
to a collective agreement with a trade union or on
behalf of whose employees a trade union has been
certified as bargaining agent or has given or is entitled
to give notice under section 11 or 40 sells his
business, the trade union continues, until the Board
otherwise directs, to be the bargaining agent for the
employees of the person to whom the business was
sold in the like bargaining unit in that business,
and the trade union is entitled to give to the person
to whom the business was sold a written notice of
its desire to bargain with a view to making a collec-
tive agreement, and such notice has the same effect
as a notice under section 11.
(3) Where a business was sold to a person and a trade go^ni' **^
union was the bargaining agent of any of the em-
ployees in such business or a trade union is the
bargaining agent of the employees in any business
carried on by the person to whom the business was
sold, and,
132
(a) any question arises as to what constitutes
the like' bargaining unit referred to in sub-
section 2 ; or
(b) any person or trade union claims that, by
virtue of the operation of subsection 2, a
conflict exists between the bargaining rights
of the trade union that represented the em-
ployees of the predecessor employer and the
trade union that represents the employees of
the person to whom the business was sold,
the Board may, upon the application of any person
or trade union concerned,
(c) define the composition of the like bargaining
unit referred to in subsection 2 with such
modification, if any, as the Board deems
necessary; and
(d) amend, to such extent as the Board deems
necessary, any bargaining unit in any certi-
ficate issued to any other union or any
bargaining unit defined in any collective
agreement.
^<*®'^ (4) The Board may, upon the application of any person
or trade union concerned made within thirty days
after the trade union has given a notice under sub-
section 2, terminate the bargaining rights of the
trade union that has given notice if, in the opinion
of the Board, the person to whom the business was
sold has changed its character so that it is sub-
stantially different from the business of the pre-
decessor employer.
^**®'^ (5) Where a business was sold to a person who carries
on one or more other businesses and a trade union
is the bargaining agent of the employees in any of
the businesses and such person intermingles the
employees of one of the businesses with those of
another of the businesses, the Board may, upon the
application of any person or trade union concerned,
(a) determine whether the employees concerned
constitute one or more appropriate bargaining
units ;
(b) declare which trade union or trade unions, if
any, shall be the bargaining agent or agents
for the employees in such unit or units; and
132
(c) amend, to such extent as the Board deems
necessary, any certificate issued to any trade
union or any bargaining unit defined in any
collective agreement.
(6) Where a trade union is declared to be the bargaining Notice to
agent under subsection 5, it is entitled to give to the
employer a written notice of its desire to bargain with
a view to making a collective agreement, and such
notice has the same eff^ect as a notice under section 11.
(7) Before disposing of any application under this Powers of
section, the Board may make such inquiry, may disposing of
. ^, ■, . r r -J J ^u application
require the production oi such evidence and the
doing of such things, or may hold such representation
votes, as it deems appropriate.
(8) Where an application is made under this section, an^^pjo^yer
employer is not required, notwithstanding that a ^^ \,[®^"|J^®*^
notice has been given by a trade union, to bargain
with that trade union concerning the employees to
whom the application relates until the Board has
disposed of the application and has declared which
trade union, if any, has the right to bargain with the
employer on behalf of the employees concerned in
the application.
(9) For the purposes of sections 5, 43, 46 and 96, a Effect of
notice given by a trade union under subsection 2 or declaration
a declaration made by the Board under subsection 5
has the same effect as a certification under section 7.
2. Section 4 of The Labour Relations Amendment Act,\^^'^^\
1961-62 is repealed. repealed
3. This Act may be cited as The Labour Relations Amend-^^''''^ *'*'®
ment Act, 1962-63.
132
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BILL 133
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Wages Act
Mr. Rowntree
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
t,fji vi.ii4
..?>^'7;
Explanatory Note
Self-explanatory.
133
BILL 133 1962-63
An Act to amend The Wages Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Wages Act is amended by adding thereto the^fg?; ^^^^'
following section: amended
10. — (1) Every employer shall furnish to every employee statemmit
at the time wages are paid to the employee a state-
ment in writing setting forth,
{a) the period of time or the work for which the
wages are being paid;
{b) the rate of the wages to which the employee
is entitled ;
(c) the amount of the wages to which the employee
is entitled ;
{d) the amount of each deduction from the wages
of the employee and the purpose for which
each deduction is made;
(e) any living allowance or other payment to
which the employee is entitled; and
(/) the amount of money being paid to the
employee.
(2) Every employer who fails to comply with sub-°*^®"°®
section 1 or who furnishes any employee with a false
statement under subsection 1 is guilty of an offence
and on summary conviction is liable to a fine of not
more than $500.
2. This Act comes into force on the 1st day of June, 1963. ment"®"''®'
3. This Act may be cited as J^he Wages Amendment Act,^^^^^ ^'^^^^
1962-63.
133
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BILL 133
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Wages Act
Mr. Rowntree
{Reprinted as amended by the Committee on Labour)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
SSi-
Explanatory Note
Self-explanatory.
133
BILL 133 1962-63
An Act to amend The Wages Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Wages Act is amended by adding thereto the ^•f2*?- ■^^^^'
following section: amended
10. — (1) Every employer shall furnish to every employee statement
at the time wages are paid to the employee a state-
ment in writing setting forth,
(a) the period of time or the work for which the
wages are being paid ;
{b) the rate of the wages to which the employee
is entitled;
(c) the amount of the wages to which the employee
is entitled;
{d) the amount of each deduction from the wages
of the employee and the purpose for which
each deduction is made;
{e) any living allowance or other payment to
which the employee is entitled; and
(/) the net amount of money being paid to the
employee.
(2) Every employer who fails to comply with sub-^*^®"^®
section 1 or who furnishes any employee with a false
statement under subsection 1 is guilty of an offence
and on summary conviction is liable to a fine of not
more than $500.
2. This Act comes into force on the 1st day of June, 1963. Sent'"®"''*"
3. This Act may be cited as The Wages Amendment ^c/, short title
1962-63.
133
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BILL 133
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Wages Act
Mr. Rowntree
(Reprinted as amended by the Committee of the Whole House)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
Self-explanatory.
133
BILL 133 1962-63
An Act to amend The Wages Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Wages Act is amended by adding thereto the J-fai; ^^®°'
following section: amended
10. — (1) Every employer shall furnish to every employee of wa^*s"*
at the time wages are paid to the employee a state-
ment in writing setting forth,
(a) the period of time or the work for which the
wages are being paid;
(6) the rate of the wages to which the employee
is entitled unless such information is furnished
to the employee in some other manner; ^^f%
(c) the amount of the wages to which the employee
is entitled ;
{d) the amount of each deduction from the wages
of the employee that is not authorized by the
employee or required by law, and the purpose
for which each deduction is made; *^J
(e) any living allowance or other payment to
which the employee is entitled; and
(J) the net amount of money being paid to the
employee.
(2) Every employer who fails to comply with sub-*^*^®"®®
section 1 or who furnishes any employee with a false
statement under subsection 1 is guilty of an offence
and on summary conviction is liable to a fine of not
more than $500.
133
Commence- 2. This Act comes into force on the 1st day of June, 1963.
ment
Short title 3, This Act may be cited as The Wages Amendment Act,
1962-63.
i .. ' ^i'^i
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BILL 133
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Wages Act
Mr. Rowntree
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
■.'i
BILL 133 1962-63
An Act to amend The Wages Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Wages Act is amended by adding thereto the^fa?* ^^®°'
following section: amended
10. — (1) Every employer shall furnish to every employee of ^l^eY^*
at the time wages are paid to the employee a state-
ment in writing setting forth,
(a) the period of time or the work for which the
wages are being paid;
(6) the rate of the wages to which the employee
is entitled unless such information is furnished
to the employee in some other manner;
(c) the amount of the wages to which the employee
is entitled ;
{d) the amount of each deduction from the wages
of the employee that is not authorized by the
employee or that is not required by law, and
the purpose for which each deduction is made;
(e) any living allowance or other payment to
which the employee is entitled ; and
(/) the net amount of money being paid to the
employee.
(2) Every employer who fails to comply with sub-°^®°°*
section 1 or who furnishes any employee with a false
statement under subsection 1 is guilty of an offence
and on summary conviction is liable to a fine of not
more than $500.
133
Commence- 2. This Act comes into force on the 1st day of Tune, 1963.
ment '' •'
Short title 3. This Act may be cited as The Wages Amendment Act,
1962-63.
133
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BILL 134
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Insurance Act
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1. The conditions of a licence to carry on automobile insur-
ance in Ontario are extended to require the insurer to defend a claim in any
province and meet the minimum liability limits of that province.
This amendment, when proclaimed in force, will facilitate the issue
of uniform automobile liability insurance cards across Canada.
Section 2. The amendments to section 76 will require adequate
reserves for non-cancellable policies.
Subsection 1. Self-explanatory.
BILL 134 1962-63
An Act to amend The Insurance Act
HER MAJESTY, by and with the advice and consent of
the Legislative iA.ssembly of the Province of Ontario,
enacts as follows:
1. Section 25 of The Insurance Act is repealed and the ^'ig^* gf f^'
following substituted therefor : re-enacted
25. — (1) A licence to carry on automobile insurance in ^f°i^^^^°^'
Ontario is subject to the following conditions: *° t^^'^'^^bii'^
insurance
1. In any action in Ontario against the licensed
insurer, or its insured, arising out of an
automobile accident in Ontario, the insurer
shall appear and shall not set up any defence
to a claim under a policy issued out of Ontario,
including any defence as to its limit or limits
of liability under the policy, that might not
be set up if the policy were a motor vehicle
liability policy issued in Ontario.
2. In any action in another province or territory
of Canada against the licensed insurer, or its
insured, arising out of an automobile accident
in that province or territory, the insurer shall
appear and shall not set up any defence to a
claim under a motor vehicle liability policy
issued in Ontario, including any defence as
to its limit or limits of liability under the
policy, that might not be set up if the policy
were a motor vehicle liability policy issued
in that province or territory.
(2) The licence of an insurer who commits a breach oi^^^^^^^^^
either of the conditions of licence set out in sub-
section 1 may be cancelled.
2. — (1) Subsection 5 of section 76 of The Insurance Act isRS.o. i960,
amended by adding at the commencement thereof "Subject sii be. 5, '
to subsection 5a", so that the subsection shall read as follows:*'"®"**®*^
134
^Jlf^l^^ (5) Subject to subsection 5a, in the case of all classes
premiums ^ ^ . .■' . ... . .-i
a liability of insurance, other than life insurance, and in the
case of all insurers, the statement shall show as a
liability of the insurer 80 per cent of the actual
portions of unearned premiums on all business in
force on the 31st day of December then last past or
80 per cent of 50 per cent of the premiums written
in its policies and received in respect of contracts
having one year or less to run and pro rata on those
for longer periods.
R.s.o. I960. (2) The said section 76 is amended by adding thereto the
c. 190 s. 76 . . JO
amended ' following subsection :
Reserve (5^^) In the case of non-cancellable accident and sickness
on non- insurance, the statement shall show as a liability
oeltk^gIIeldIg
accident of the insurer a reserve computed on such bases and
insurance in accordance with such methods as will place an
adequate value on the liabilities thereunder, but in
no case shall the value placed upon the benefits
under any policy be less than the value placed upon
the future premiums.
R.s.o. I960, (3) Subsection 6 of the said section 76 is amended by
c. 190 S. 76 . . .... . .
siibs. 6, ' ' Striking out "of policies of life insurance" in the fourth line,
so that the subsection shall read as follows:
Life (6) In the case of insurers transacting life insurance,
insurers , i n i f i -i- i i
the statement shall show as a liability the valuation
of outstanding contracts of insurance according to
the standard for valuation prescribed by section 80,
or such higher standard as the insurer, with the
approval of the Superintendent, adopts.
^"igo; 8.^79| 3. Section 79 of The Insurance Act is repealed and the
re-enacted following substituted therefor:
insurer to 79. — (1) A licensed insurer, and, subject to its constitution
estate^^^ and rules, a licensed fraternal or mutual benefit
society or any branch or lodge thereof, may acquire
and hold absolutely for its own use and benefit such
real estate or leaseholds,
(a) as are necessary for the transaction of its
business; and
(b) as are bona fide mortgaged to it by way of
security or are acquired by it by foreclosure
or in satisfaction of a debt,
134
Subsection 2, Non-cancellable accident and sickness policies necessi-
tate a greater reserve than the unearned premium reserve now required.
Subsection 3. This amendment is complementary to the amend-
ments being made to section 80 of the Act by section 4 of this Bill.
Section 3. The revision of section 79 is intended to clarify its mean-
ing. No change in principle.
134
and may sell, mortgage, lease or otherwise dispose
of the same, but real estate or leaseholds acquired
by foreclosure or in satisfaction of a debt shall be
sold or disposed of within seven years after they
have been so accjuired.
(2) Except in the case of a fraternal or mutual benefit ^^^^^^^^^^^
society or any branch or lodge thereof, a licensed
insurer may,
(a) acquire and hold real estate or leaseholds in
addition to those provided for by subsections 1
and 6; and
(b) acquire or construct and hold a building larger
than is required for the transaction of its
business, and may lease any part of the
building not so required, . ".
upon complying with and subject to The Mortmain R.s.o. i960,
and Charitable Uses Act, if the insurer is subject
thereto, in respect of the additional real estate or
the part of the building not so required.
(3) A licensed fraternal or mutual benefit society or any P^^^^^l^of
branch or lodge thereof mav, subject to its con- ip office
1 11 1-11 I building
stitution or rules and when so authorized by the
Lieutenant Governor in Council, accjuire or construct
and hold a building larger than is rc(iuired for the
transaction of its business, and may lease any part
of the building not so required.
(4) Any real estate or leaseholds acquired by fore- ^^''^eiture
closure or in satisfaction of a debt that have been
held by the insurer for a longer period than seven
years without being disposed of shall, unless held
pursuant to any other provision of this section, be
forfeited to Her Majesty for the use of Ontario.
(5) No forfeiture under subsection 4 shall take effect i<^®"^
ujitil the expiration of at least six calendar months
after notice in writing to the insurer by the Minister
of the intention of Her Majesty to claim the forfei-
ture, but the insurer may, notwithstanding such
notice, before the forfeiture is effected, sell or dispose
of the property free from liability to forfeiture.
(6) A licensed insurer tliat has invested its funds in such ]'^'^||*i'"®'^**
real estate or leaseholds as are referred to in sub-®^***®
sections 2, 4 and 6 of section 208 of llie Corporations^ff^- ^^^°'
Act may acquire and hold such property absolutely
for its own use and benefit.
134
Rights
under
section are
additional
R.S.O.
C. 246
1960,
(7) Except where otherwise provided, every right,
power and authority granted by this section is in
addition to any right, power and authority granted
by a licence issued under The Mortmain and Charitable
Uses Act or any other Act.
c!"i9o,' s.^io; 4. Section 80 of The Insurance Act is repealed and the
re-enacted following substituted therefor:
Valuation
of contracts
of insurance
80. — (1) The valuation of contracts of insurance issued
by insurers incorporated and licensed under the law
of Ontario to transact life insurance, except contracts
of fraternal societies licensed under this Act, shall
include a reserve for all unmatured obligations
guaranteed under the terms of its policies dependent
on life, disability, sickness, accident or any other
contingency or on a term certain, and shall also in-
clude a reserve for profits ascertained and appor-
tioned for future distribution.
Methods of
computation
for life
policies
(2) In computing the reserve for all unmatured obliga-
tions guaranteed under the terms of the policies
dependent on life contingencies only, the valuation
shall be made in accordance with the following pre-
scriptions:
1. The rate of interest assumed shall not exceed
the rate prescribed in Schedule D.
2. The tables of mortality used shall be the tables
prescribed in Schedule D, subject to any
modification in the age that the company
deems appropriate and necessary to secure
the proper valuation of a particular class of
policies and that has the elTect of increasing
the reserves, but, if it appears to a company
that the reserves for a particular class of
policies cannot be appropriately computed
by any table of mortality prescribed by
Schedule D or by an^^ such table modified as
aforesaid, the company shall apply to the
Superintendent for approval of the table the
company deems most appropriate for the
computation, and the Superintendent may
grant such approval and revoke it at any time.
3. The method of valuation shall be that specified
in Schedule D or any adaptation thereof
approved by the Superintendent, or any other
method the company deems appropriate, but
134
Section 4. The present section 80 prescribes the mortality tables
and the methods of valuation of life insurance contracts; these tables and
methods are no longer in general use. The revision will allow more
modern mortality tables to be used, and prescribes a method of valuation
that is now generally applicable to federally-registered companies.
134
the method used shall be such that the reserve
calculated in accordance therewith will not
be less at any duration than the reserve
computed in accordance with the valuation
provisions of Schedule D, and the method
used shall make adequate provision for the
guaranteed values at the subsequent durations
of the policy according to the rate of interest
and the table of mortality used in the valua-
tion.
4. The reserve in the first policy year need not
in any event exceed the reserve computed in
accordance with the rate of interest and table
of mortality used in the valuation and the
method of valuation as specified in Schedule D.
(3) In computing the reserve for all unmatured obliga- Computation
tions that are guaranteed under the terms of, or that than life
arise out of policies dependent on, contingencies '^^ ^^^^^
other than life contingencies, the bases and methods
of valuation employed by the company shall be such
as to place an adequate value on the liabilities
thereunder and shall be such that the value of the
benefits under every policy shall in no case be less
than the value placed upon the future premiums.
(4) There shall be included in the annual statement a certificate
certificate by the actuary of the company, or by the
actuary responsible for the valuation if the company
has no actuary, to the effect that the reserves shown
in the valuation summary are not less than the
reserves required by this section, and in addition
that in his opinion the reserves make a good and
sufficient provision for all unmatured obligations of
the company guaranteed under the terms of its
policies.
(5) Where the Superintendent approves of a table of ^^'^ro'ved^
mortality under subsection 2, he shall include in his mortality
annual report to the Minister information concerning
the origin, characteristics of the table and the cir-
cumstances in which it may be used, and, when the
Superintendent revokes any such approval, he shall
include a statement as to the circumstances of the
revocation.
(6) No insurer shall issue any policy that does not Contracts
^1 If .• LI must be
appear to be seit-supporting upon reasonable assump- seif-
tions as to interest, mortality and expenses. suppor mg
134
of^frat*ernai ^^^ Where the contracts of a fraternal society are re-
aociety insured by a licensed insurer other than a fraternal
contracts . , . • i i i r i
society, the reinsurer may, with the approval ot the
Superintendent, value such contracts on any appro-
priate table of mortality specified in Schedule D
with interest at 4 per cent per annum.
^*i90* "^^^^' ^' ^^^^ Insurance Ad is amended by adding thereto the
amended folk)wing section:
^®^^,^^f» 806. Every insurer licensed to transact life insurance shall
keep separate and distinct accounts of participating
and non-participating business.
c!'"i9o' 8.^94; ®» Subsection 1 of section 94 of The Insurance Act is
re^nac'ted repealed and the following substituted therefor:
of^poiicjf (^) Every policy shall contain the name of the insurer,
the name of the insured, the name of the person
or persons to whom the insurance money is payable,
the amount, or the method of determining the
amount, of the premium for the insurance, the
subject-matter of the insurance, the indemnity for
which the insurer may become liable, the event on
the happening of which the liability is to accrue,
the date upon which the insurance takes effect and
the date it terminates or the method by which the
latter is fixed or to be fixed.
^•,^a9' '^,^iii 7. Subsection 2 of section 119 of The Insurance Act is
C. 190, S. 119, , , , , ,. , 11 f jn -1 c
subBj, 2^^ amended by adding at the end thereof but, in the case 01
property insured against fire, the policy may include property
damage insurance and theft insurance", so that the sub-
amended
section shall read as follows:
Insurance (2) No licensed insurer shall carry on, on the premium
note plan note plan, any class of insurance other than fire,
live stock and weather insurance, but, in the case of
property insured against fire, the policy may include
property damage insurance and theft insurance.
^igo" ^^^^* ^* -^^^ Insurance Act is amended by adding thereto the
amended following schedule:
SCHEDULE D
MINIMUM STANDARDS OF VALUATION OF
LIFE INSURANCE CONTRACTS
1. As respects benefits depending upon life contingencies only in or
arising out of policies of life insurance, other than industrial policies and
excluding life annuity settlements, the bases of valuation for any particular
class or group of policies shall be an assumed rate of interest not exceeding
3J4 per cent per annum and one of the tables of mortality specified below,
or any other table that is approved by the Superintendent.
134
Section 5. Self-explanatory.
Section 6. Provision is made for policies where the amount of the
premium is unknown at the time the contract is made and also for con-
tinuing policies where there is no fixed date of termination.
Section 7. This amendment will allow farm mutual fire insurance
companies to insure property against theft and damage when the property
is insured against fire.
Section 8. Schedule D sets out the mortality tables that may be
used and the bases and methods of computation of reserves for different
forms of life insurance contracts. These new tables conform to the Third
Schedule of the Canadian and British Insurance Companies Act used by
most Canadian companies.
134
Tables of Mortality
(i) American Experience Table, Am. Exp.
(ii) Institute of Actuaries of Great Britain, H'n
(iii) British Offices Life Tables, 1893, Om(5)
(iv) Canadian Men Table, Cm(5)
(v) American Men Table, AM(5)
(vi) Mortality of Assured Lives, A 1924-29
(vii) Commissioners 1941 Standard Ordinary Mortality Table, 1941
CSO
(viii) Commissioners 1958 Standard Ordinary Mortality Table, 1958
CSO
The value of the policy as of any date after issue shall be the difference
between the then value of the sum assured thereunder (including the then
value of any bonus or addition thereto, or reduction in future premiums,
made after the date of issue of the policy and subsisting as at the date of
valuation), and the then value of the valuation premiums (as hereinafter
defined) assumed to be payable on each anniversary of the policy following
the date of valuation during the term for which premiums are required to
be paid in accordance with the terms of the policy to be valued.
If the net level premium for the life insurance risks incurred by the com-
pany in issuing the policy does not exceed the whole life net level premium
for a like amount of whole life insurance, the valuation premium shall be
the net level premium for a like policy as of an age one year greater than
the age at entry assumed to be payable at the beginning of the second
and each subsequent policy year for which premiums are payable under
the terms of the policy to be valued.
If the net level premium for the life insurance risks incurred by the com-
pany in issuing the policy exceeds the net level premium payable throughout
life for a like amount of whole life insurance, the valuation premium shall
be obtained by adding to each net level annual premium, excluding the
first, such an amount, assumed to be payable at the beginning of the
second and each subsequent policy year for which premiums are payable
under the terms of the policy to be valued, as is equal in value as of the
date of issue of the policy to the difference between the net level premiums
payable throughout life for a whole life policy and the one-year term
premium for, in each case, a policy of like amount and of the same age
at entry as the policy to be valued.
2. As respects benefits depending upon life contingencies only in or
arising out of industrial life insurance policies, excluding life annuity
settlements, the basis of valuation for any particular class or group of
policies shall be an assumed rate of interest not exceeding 3J^ per cent
per annum and one of the tables of mortality specified below, or any other
table that is approved by the Superintendent.
Tables of Mortality
(i) Any of the tables named under paragraph 1 above.
(ii) The Standard Industrial Table.
(iii) 1941 Standard Industrial Mortality Table, 1941 SI.
No reserve shall be held at any valuation within the first year after issue
of any policy. In valuations thereafter the insurance risks of the first
policy year shall be ignored, and, for valuation purposes, the date of issue
of the policy shall be assumed to be one year after the actual date of issue,
the age at issue shall be assumed to be one year greater than the actual
age at issue, and the premium terms shall be assumed to commence as of
the assumed date of issue and to be co-terminous with the premium term
stated in the policy to be valued.
134
8
Commence-
ment
The valuation premium shall be such a level premium as of the assumed
age at issue, payable for the assumed premium term, as is equal in the
then present value to the insurance risks incurred by the Company as
from the attainment of the assumed age at issue.
In valuations made as of any date after the attainment of the assumed
age at issue, the value of the policy shall be the difference between the then
value of the sums assured (including the then value of any bonus or addition
thereto, or reduction in future premiums, made after the date of issue
of the policy and subsisting as of the date of valuation) and the then value
of the valuation premium assumed to be payable following the date of
valuation during the term for which premiums are required to be paid in
accordance with the terms of the policy.
If the terms of any particular class or group of policies are such that the
above method of valuation appears to be inapplicable or inappropriate,
adaptations in the above method may be made, subject to the approval
of the Superintendent.
3. As respects immediate or deferred life annuities, including life
annuity settlements (other than disability annuities) arising out of policies
of life insurance, the bases of valuation shall be an assumed rate of interest
not exceeding 4 per cent per annum and one of the tables of mortality
specified below, male or female, according to the sex of the nominee, or any
other table of mortality that is approved by the Superintendent.
Tables of Mortality
(i) Mortality of Annuitants, 1900-1920, a(f) and a(m).
(ii) 1937 Standard Annuity Table.
(iii) The a-1949 Table (Annuity Table for 1949).
(iv) The a(55) Tables for Annuitants.
In the valuation of deferred annuities, the method of valuation shall be the
net level premium method, subject to such adaptations as the Superinten-
dent deems appropriate in any case where the premium may not be uniform
throughout the premium-paying period.
4. As respects future payments dependent on a term certain only,
including term-certain annuities arising out of policies of life insurance,
the valuation shall be made at a rate of interest not exceeding 4 per cent
per annum, and the method of valuation shall be the net level premium
method, subject to such adaptations as the Superintendent deems appro-
priate in any case where the premium for the policy may not be uniform
throughout the premium-paying period.
5. Policies other than those at uniform annual premiums for a
uniform amount of insurance throughout shall be valued on bases deter-
mined in accordance with the foregoing provisions with such adaptations
in the valuation methods as seem to the Superintendent appropriate in
the circumstances.
6. Where a policy of life insurance provides for accident or sickness
insurance benefits, the Superintendent may prescribe the basis for valuing
such benefits.
9. — (1) This Act, except section 1, comes into force on the
day it receives Royal Assent.
Idem
(2) Section 1 comes into force on a day to be named by the
Lieutenant Governor by his proclamation.
Short title JO. This Act may be cited as The Insurance Amendment
Act, 1962-63.
134
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BILL 134
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Insurance Act
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 134
1962-63
An Act to amend The Insurance Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 25 of The Insurance Act is repealed and the ^-fgo; g.^ls'
following substituted therefor: re-enacted
25. — (1) A licence to carry on automobile insurance in onlcence^^
to carry on
automobile
Ontario is subject to the following conditions:
insurance
1. In any action in Ontario against the licensed
insurer, or its insured, arising out of an
automobile accident in Ontario, the insurer
shall appear and shall not set up any defence
to a claim under a policy issued out of Ontario,
including any defence as to its limit or limits
of liability under the policy, that might not
be set up if the policy were a motor vehicle
liability policy issued in Ontario.
2. In any action in another province or territory
of Canada against the licensed insurer, or its
insured, arising out of an automobile accident
in that province or territory, the insurer shall
appear and shall not set up any defence to a
claim under a motor vehicle liability policy
issued in Ontario, including any defence as
to its limit or limits of liability under the
policy, that might not be set up if the policy
were a motor vehicle liability policy issued
in that province or territory.
(2) The licence of an insurer who commits a breach of ^'i^dition*^
either of the conditions of licence set out in sub-
section 1 may be cancelled.
2. — (1) Subsection 5 of section 76 of The Insurance Act isR-S-9- i^so.
, c. 190 8. 76
amended by adding at the commencement thereof "Subject subs. 5,
to subsection 5a", so that the subsection shall read as follows:
134
Unearned
premiums
a liability
(5) Subject to subsection 5a, in the case of all classes
of insurance, other than life insurance, and in the
case of all insurers, the statement shall show as a
liability of the insurer 80 per cent of the actual
portions of unearned premiums on all business in
force on the 31st day of December then last past or
80 per cent of 50 per cent of the premiums written
in its policies and received in respect of contracts
having one year or less to run and pro rata on those
for longer periods.
R.s.o. I960. (2) The said section 76 is amended by adding thereto the
c. 190, 8. 76, r ,, . , ^.
amended lOUoWing SUbseCtlOn :
Reserve
liability
on non-
cancellable
accident
and sickness
insurance
(5a) In the case of non-cancellable accident and sickness
insurance, the statement shall show as a liability
of the insurer a reserve computed on such bases and
in accordance with such methods as will place an
adequate value on the liabilities thereunder, but in
no case shall the value placed upon the benefits
under any policy be less than the value placed upon
the future premiums.
R.s.o. I960,
c. 190, s. 76,
subs. 6,
amended
(3) Subsection 6 of the said section 76 is amended by
striking out "of policies of life insurance" in the fourth line,
so that the subsection shall read as follows:
Life
insurers
(6) In the case of insurers transacting life insurance,
the statement shall show as a liability the valuation
of outstanding contracts of insurance according to
the standard for valuation prescribed by section 80,
or such higher standard as the insurer, with the
approval of the Superintendent, adopts.
^fgo; 1.^791 3. Section 79 of The Insurance Act is repealed and the
re-enacted ' following substituted therefor:
Powers of
insurer to
hold real
estate
79. — (1) A licensed insurer, and, subject to its constitution
and rules, a licensed fraternal or mutual benefit
society or any branch or lodge thereof, may acquire
and hold absolutely for its own use and benefit such
real estate or leaseholds.
{a) as are necessary for the transaction of its
business; and
(b) as are bona fide mortgaged to it by way of
security or are acquired by it by foreclosure
or in satisfaction of a debt.
134
and may sell, mortgage, lease or otherwise dispose
of the same, but real estate or leaseholds acquired
by foreclosure or in satisfaction of a debt shall be
sold or disposed of within seven years after they
have been so acquired.
(2) Except in the case of a fraternal or mutual benefit ^^^^^^^^^^^^
society or any branch or lodge thereof, a licensed
insurer may,
(a) acquire and hold real estate or leaseholds in
addition to those provided for by subsections 1
and 6; and
(b) acquire or construct and hold a building larger
than is required for the transaction of its
business, and may lease any part of the
building not so required,
upon complying with and subject to The Mortmain RS.o. i960,
and Charitable Uses Act, if the insurer is subject
thereto, in respect of the additional real estate or
the part of the building not so required.
(3) A licensed fraternal or mutual benefit society or any J^°cieUes°^
branch or lodge thereof may, subject to its con-ijio^ce
1 11 I'll 1 building
stitution or rules and when so authorized by the
Lieutenant Governor in Council, acquire or construct
and hold a building larger than is required for the
transaction of its business, and may lease any part
of the building not so required.
(4) Any real estate or leaseholds acquired by fore- Forfeiture
closure or in satisfaction of a debt that have been
held by the insurer for a longer period than seven
years without being disposed of shall, unless held
pursuant to any other provision of this section, be
forfeited to Her Majesty for the use of Ontario.
(5) No forfeiture under subsection 4 shall take effect i*^®'"
until the expiration of at least six calendar months
after notice in writing to the insurer by the Minister
of the intention of Her Majesty to claim the forfei-
ture, but the insurer may, notwithstanding such
notice, before the forfeiture is effected, sell or dispose
of the property free from liability to forfeiture.
(6) A licensed insurer that has invested its funds in such in rea*'"^"*^
real estate or leaseholds as are referred to in sub-®^'^*®
sections 2, 4 and 6 of section 208 of The Corporations^; j-^- •^^^°'
Act may acquire and hold such property absolutely
for its own use and benefit.
134
Rights
under
section are
additional
R.S.O. 1960,
c. 246
(7) Except where otherwise provided, every right,
power and authority granted by this section is in
addition to any right, power and authority granted
by a licence issued under The Mortmain and Charitable
Uses Act or any other Act.
c!"i9o' s.^io! 4. Section 80 of The Insurance Act is repealed and the
re-enacted following substituted therefor:
Valuation
of contracts
of insurance
80. — (1) The valuation of contracts of insurance issued
by insurers incorporated and licensed under the law
of Ontario to transact life insurance, except contracts
of fraternal societies licensed under this Act, shall
include a reserve for all unmatured obligations
guaranteed under the terms of its policies dependent
on life, disability, sickness, accident or any other
contingency or on a term certain, and shall also in-
clude a reserve for profits ascertained and appor-
tioned for future distribution.
Methods of
computation
for life
policies
(2) In computing the reserve for all unmatured obliga-
tions guaranteed under the terms of the policies
dependent on life contingencies only, the valuation
shall be made in accordance with the following pre-
scriptions:
1. The rate of interest assumed shall not exceed
the rate prescribed in Schedule D.
2. The tables of mortality used shall be the tables
prescribed in Schedule D, subject to any
modification in the age that the company
deems appropriate and necessary to secure
the proper valuation of a particular class of
policies and that has the effect of increasing
the reserves, but, if it appears to a company
that the reserves for a particular class of
policies cannot be appropriately computed
by any table of mortality prescribed by
Schedule D or by any such table modified as
aforesaid, the company shall apply to the
Superintendent for approval of the table the
company deems most appropriate for the
computation, and the Superintendent may
grant such approval and revoke it at any time.
3. The method of valuation shall be that specified
in Schedule D or any adaptation thereof
approved by the Superintendent, or any other
method the company deems appropriate, but
134
the method used shall be such that the reserve
calculated in accordance therewith will not
be less at any duration than the reserve
computed in accordance with the valuation
provisions of Schedule D, and the method
used shall make adequate provision for the
guaranteed values at the subsequent durations
of the policy according to the rate of interest
and the table of mortality used in the valua-
tion.
4. The reserve in the first policy year need not
in any event exceed the reserve computed in
accordance with the rate of interest and table
of mortality used in the valuation and the
method of valuation as specified in Schedule D.
(3) In computing the reserve for all unmatured obliga- Computation
tions that are guaranteed under the terms of, or that than life
arise out of policies dependent on, contingencies
other than life contingencies, the bases and methods
of valuation employed by the company shall be such
as to place an adecjuate value on the liabilities
thereunder and shall be such that the value of the
benefits under every policy shall in no case be less
than the value placed upon the future premiums.
(4) There shall be included in the annual statement a Certificate
.,- , , f , , , of actuary
certificate by the actuary oi the company, or by the
actuary responsible for the valuation if the company
has no actuary, to the effect that the reserves shown
in the valuation summary are not less than the
reserves recjuired by this section, and in addition
that in his opinion the reserves make a good and
sufficient provision for all unmatured obligations of
the company guaranteed under the terms of its
policies.
(5) Where the Superintendent approves of a table oi'^^^^^^^J^
mortality under subsection 2, he shall include in his mortality
1 1 m> • • r • • tables
annual report to the Mmister miormation concernmg
the origin, characteristics of the table and the cir-
cumstances in which it may be used, and, when the
Superintendent revokes any such approval, he shall
include a statement as to the circumstances of the
revocation.
(6) No insurer shall issue any policy that does not Contracts
appear to be self-supporting upon reasonable assump-seif-
tions as to interest, mortality and expenses. ^° "^
134
Valuation (7) Where the contracts of a fraternal society are re-
society insured by a licensed insurer other than a fraternal
society, the reinsurer may, with the approval of the
Superintendent, value such contracts on any appro-
priate table of mortality specified in Schedule D
with interest at 4 per cent per annum.
R.s o. I960. 5, The Insurance Act is amended bv adding thereto the
c. 190, ^ „ . . - js
amended folJOWmg section:
Separate 806. Every insurer licensed to transact life insurance siiall
8.CC0UT1l8
keep separate and distinct accounts of participating
and non-participating business.
c*"i9o' 8^94' ^* Subsection 1 of section 94 of The Insurance Act is
eubs. i ' repealed and the following substituted therefor;
of°po?^jf (^) Every policy shall contain the name of the insurer,
the name of the insured, the name of the person
or persons to whom the insurance money is payable,
the amount, or the method of determining the
amount, of the premium for the insurance, the
subject-matter of the insurance, the indemnity for
which the insurer may become liable, the event on
the happening of which the liability is to accrue,
the date upon which the insurance takes effect and
the date it terminates or the method by which the
latter is fixed or to be fixed.
R.s.o. I960. 7. Subsection 2 of section 119 of The Insurance Act is
Bubs. 2,' "amended by adding at the end thereof "but, in the case of
property insured against fire, the policy may include property
damage insurance and theft insurance", so that the sub-
section shall read as follows:
Insurance (2) No licensed insurer shall carry on, on the premium
note'^pi'an"'^ note plan, any class of insurance other than fire,
live stock and weather insurance, but, in the case of
property insured against fire, the policy may include
property damage insurance and theft insurance.
R.s o. I960, 8. j^he Insurance Act is amended bv adding thereto the
c. 190, . .0
amended followmg schedule:
SCHEDULE D
MINIMUM STANDARDS OF VALUATION OF
LIFE INSURANCE CONTRACTS
\. As respects benefits depending upon life contingencies only in or
arising out of policies of life insurance, other than industrial policies and
excluding life annuity settlements, the bases of valuation for any particular
class or group of policies shall be an assumed rate of interest not exceeding
3J^ per cent per annum and one of the tables of mortality specified below,
or any other table that is approved by the Superintendent.
134
Tables of Mortality
(i) American Experience Table, Am. Exp.
(ii) Institute of Actuaries of Great Britain, Hm
(iii) British Offices Life Tables, 1893, Om(5)
(iv) Canadian Men Table, Cm(5)
(v) American Men Table, AM(5)
(vi) Mortality of Assured Lives, A 1924-29
(vii) Commissioners 1941 Standard Ordinary Mortality Table, 1941
CSO
(viii) Commissioners 1958 Standard Ordinary Mortality Table, 1958
CSO
The value of the policy as of any date after issue shall be the difference
between the then value of the sum assured thereunder (including the then
value of any bonus or addition thereto, or reduction in future premiums,
made after the date of issue of the policy and subsisting as at the date of
valuation), and the then value of the valuation premiums (as hereinafter
defined) assumed to be payable on each anniversary of the policy following
the date of valuation during the term for which premiums are required to
be paid in accordance with the terms of the policy to be valued.
If the net level premium for the life insurance risks incurred by the com-
pany in issuing the policy does not exceed the whole life net level premium
for a like amount of whole life insurance, the valuation premium shall be
the net level premium for a like policy as of an age one year greater than
the age at entry assumed to be payable at the beginning of the second
and each subsequent policy year for which premiums are payable under
the terms of the policy to be valued.
If the net level premium for the life insurance risks incurred by the com-
pany in issuing the policy exceeds the net level premium payable throughout
life for a like amount of whole life insurance, the valuation premium shall
be obtained by adding to each net level annual premium, excluding the
first, such an amount, assumed to be payable at the beginning of the
second and each subsequent policy year for which premiums are payable
under the terms of the policy to be valued, as is equal in value as of the
date of issue of the policy to the difference between the net level premiums
payable throughout life for a whole life policy and the one-year term
premium for, in each case, a policy of like amount and of the same age
at entry as the policy to be valued.
2. As respects benefits depending upon life contingencies only in or
arising out of industrial life insurance policies, excluding life annuity
settlements, the basis of valuation for any particular class or group of
policies shall be an assumed rate of interest not exceeding 3 J/2 per cent
per annum and one of the tables of mortality specified below, or any other
table that is approved by the Superintendent.
Tables of Mortality
(i) Any of the tables named under paragraph 1 above.
(ii) The Standard Industrial Table.
(iii) 1941 Standard Industrial Mortality Table, 1941 SI.
No reserve shall be held at any valuation within the first year after issue
of any policy. In valuations thereafter the insurance risks of the first
policy year shall be ignored, and, for valuation purposes, the date of issue
of the policy shall be assumed to be one year after the actual date of issue,
the age at issue shall be assumed to be one year greater than the actual
age at issue, and the premium terms shall be assumed to commence as of
the assumed date of issue and to be co-terminous with the premium term
stated in the policy to be valued.
134
8
The valuation premium shall be such a level premium as of the assumed
age at issue, payable for the assumed premium term, as is equal in the
then present value to the insurance risks incurred by the Company as
from the attainment of the assumed age at issue.
In valuations made as of any date after the attainment of the assumed
age at issue, the value of the policy shall be the difference between the then
value of the sums assured (including the then value of any bonus or addition
thereto, or reduction in future premiums, made after the date of issue
of the policy and subsisting as of the date of valuation) and the then value
of the valuation premium assumed to be payable following the date of
valuation during the term for which premiums are required to be paid in
accordance with the terms of the policy.
If the terms of any particular class or group of policies are such that the
above method of valuation appears to be inapplicable or inappropriate,
adaptations in the above method may be made, subject to the approval
of the Superintendent.
3. As respects immediate or deferred life annuities, including life
annuity settlements (other than disability annuities) arising out of policies
of life insurance, the bases of valuation shall be an assumed rate of interest
not exceeding 4 per cent per annum and one of the tables of mortality
specified below, male or female, according to the sex of the nominee, or any
other table of mortality that is approved by the Superintendent.
Tables of Mortality
(i) Mortality of Annuitants, 1900-1920, a(f) and a(m).
(ii) 1937 Standard Annuity Table.
(iii) The a-1949 Table (Annuity Table for 1949).
(iv) The a(55) Tables for Annuitants.
In the valuation of deferred annuities, the method of valuation shall be the
net level premium method, subject to such adaptations as the Superinten-
dent deems appropriate in any case where the premium may not be uniform
throughout the premium-paying period.
4. As respects future payments dependent on a term certain only,
including term-certain annuities arising out of policies of life insurance,
the valuation shall be made at a rate of interest not exceeding 4 per cent
per annum, and the method of valuation shall be the net level premium
method, subject to such adaptations as the Superintendent deems appro-
priate in any case where the premium for the policy may not be uniform
throughout the premium-paying period.
5. Policies other than those at uniform annual premiums for a
uniform amount of insurance throughout shall be valued on bases deter-
mined in accordance with the foregoing provisions with such adaptations
in the valuation methods as seem to the Superintendent appropriate in
the circumstances.
6. Where a policy of life insurance provides for accident or sickness
insurance benefits, the Superintendent may prescribe the basis for valuing
such benefits.
Commence- 9. — (1) This Act, except section 1, comes into force on the
day it receives Royal Assent.
Idem (2) Section 1 comes into force on a day to be named by the
Lieutenant Governor by his proclamation.
Short title
10. This Act may be cited as The Insurance Amendment
Act, 1962-63.
134
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BILL 135
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Teachers' Superannuation Act
Mr. Davis
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1 — Subsection 1. This amendment recognizes the fact that
in due course there will be more than one college of education in the
Ontario system.
Section 1 — Subsection 2, and Section 4. These amendments will
enable co-ordinators and instructors under Programme 5 of the Federal-
Provincial Technical and Vocational Training Agreement to participate
in the Teachers' Superannuation Fund as of the commencement of the
current school year. They also authorize regulations under which these
persons may contribute in respect of past Programme 3 service.
Section 2. The provision is brought into line with current practices.
135
BILL 135 1962-63
An Act to amend
The Teachers' Superannuation Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Subclause v of clause d of section 1 of The Teachers' ^.'t^ls^i?'
Superannuation Act is amended by inserting after "in" ing|jjj^j ^
the first line "a college of education" and by striking out^'^e^d®^
"the Ontario College of Education" in the third line, so that
the subclause shall read as follows:
(v) as a teacher in a college of education, a teachers'
college, a provincial technical or polytechnical in-
stitute, a railway-car school, the University of
Toronto Schools, the Ontario College of Art, the
Ontario School for the Deaf, the Ontario School for
the Blind, the Province of Ontario Correspondence
Courses, the Royal Ontario Museum, or The Lake-
head College of Arts, Science and Technology.
(2) Clause d of the said section 1 is amended by adding RS.o. i960,
c 392 S 1
thereto the following subclause: ci. d, ' ' '
amended
(va) as a co-ordinator or instructor under any agreement
entered into under the Technic
Training Assistance Act (Canada)
entered into under the Technical and Vocational]^^'^^^^
2. Subsection 7 of section 2 of The Teachers' Superannuation ^fg^; s.^i?'
Act is repealed and the following sabstituted therefor: re-enacted
(7) The Commission shall meet in the offices of the ^^^^^'^^f^
Department of Education in Toronto on,
(a) the fourth Friday in September;
{b) the fourth Friday in November;
(c) the third Friday in January;
135
{d) the Thursday following Easter;
{e) the third Saturday in June,
and at such other times as the chairman determines.
^•f .o. I960, 3, — (v\ Subsection 1 of section 31 of The Teachers' Super-
subs.i, annuation Act is amended by strikmg out "the Ontario
College of Education" in the second line and inserting in lieu
thereof "a college of education" and by striking out "Ontario
College of Education" in the ninth line and inserting in lieu
thereof "college of education", so that the subsection shall
read as follows:
feacifers (1) Where the medical examination prescribed for ad-
pairment mission to a college of education or to a teachers'
college discloses in a person a mental or physical
impairment, defect or condition, or a history of any
of them, that in the opinion of the Commission
does not render the person incapable of being em-
ployed but might subsequently render him incapable
of being employed by re-occurrence, worsening or
the development of sequelae or complications, the
person shall be admitted to the college of education or
to the teachers' college only if he signs a consent in
the prescribed form to have this section apply to
him in the event of his becoming employed.
c^'fg^' 8^31 ' (^) Clause b of subsection 3 of the said section 31 is amended
subs. 3 ci. 6, by inserting after "incapacitated" in the first and second
lines "as a result of the mental or physical impairment, defect
or condition or a history thereof in respect of which he signed
a consent", so that the clause shall read as follows:
{h) while employed becomes mentally or physically in-
capacitated, as a result of the mental or physical
impairment, defect or condition or a history thereof
in respect of which he signed a consent, to a degree
that in the opinion of the Commission renders him
incapable of being further employed; and
c^'f92,' 8.^58,' "^^ Section 58 of The Teachers Superannuation Act, as
amended amended by section 3 of The Teachers' Superannuation Amend-
ment Act, 1961-62, is further amended by adding thereto the
following paragraph :
9a. prescribing the terms and conditions upon which
co-ordinators and instructors under Programme 5
of the Federal-Provincial Technical and Vocational
135
Section 3 — Subsection 1. These amendments are complementary
to subsection 1 of section 1 of this Bill.
Subsection 2. This amendment will enable a person who has signed
a consent under section 31 of the Act to obtain a disability pension under
section 29 or 30 of the Act if the nature of his disability was not evident
at the time he signed the consent.
Section 4. See note to subsection 2 of section 1.
135
Section 5. Self-explanatory.
135
Training Agreement may contribute to the Fund in
respect of employment under the Agreement before
the 1st day of September, 1962.
5. Every person now or hereafter on the staff of a college ^g^^^-j^^***^'
of education who is eligible to contribute to either the as to fund
Teachers' Superannuation Fund or the pension fund of a
university shall, within three months after this Act comes into
force or within three months after joining such staff, whichever
is the later, by notice in writing to the Commission and to the
university, elect to contribute to one or the other of such
funds and shall not thereafter have a right to re-elect.
6. — (1) This Act, except subsection 2 of section 1 and Commence-
section 4, comes into force on the day it receives Royal
Assent.
(2) Subsection 2 of section 1 and section 4 shall be deemed idem
to have come into force on the 1st day of September, 1962.
7. This Act may be cited as The Teachers' Superannuation Short title
Amendment Act, 1962-63.
135
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BILL 135
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Teachers' Superannuation Act
Mr. Davis
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 135 1962-63
An Act to amend
The Teachers* Superannuation Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Subclause v of clause d of section 1 of The Teachers' f'/ioiia^i!^'
Superannuation Act is amended by inserting after "in" in^^^f^[ ^
the first line "a college of education" and by striking outa"^®'^<i®<i
"the Ontario College of Education" in the third line, so that
the subclause shall read as follows:
(v) as a teacher in a college of education, a teachers'
college, a provincial technical or polytechnical in-
stitute, a railway-car school, the University of
Toronto Schools, the Ontario College of Art, the
Ontario School for the Deaf, the Ontario School for
the Blind, the Province of Ontario Correspondence
Courses, the Royal Ontario Museum, or The Lake-
head College of Arts, Science and Technology.
(2) Clause d of the said section 1 is amended by adding R.s.o. i960,
c 392 s 1
thereto the following subclause: ci. d, ' ' '
amended
(va) as a co-ordinator or instructor under any agreement
entered into under the Technic
Training Assistance Act (Canada)
entered into under the Technical and Vocational\^^'^^^^^
2. Subsection 7 of section 2 of The Teachers' Superannuation^- f q2', l^T!'
Act is repealed and the following substituted therefor: re-enacted
(7) The Commission shall meet in the offices of the Meetings
Department of Education in Toronto on,
(a) the fourth F'riday in September;
(b) the fourth Friday in November;
(c) the third Friday in January;
135
(d) the Thursday following Easter;
(e) the third Saturday in June,
and at such other times as the chairman determines.
^•|gO.i960, 3, — (1) Subsection 1 of section 31 of The Teachers' Super-
subs. i ' annuation Act is amended by striking out "the Ontario
College of Education" in the second line and inserting in lieu
thereof "a college of education" and by striking out "Ontario
College of Education" in the ninth line and inserting in lieu
thereof "college of education", so that the subsection shall
read as follows:
feacfhers (1) Where the medical examination prescribed for ad-
pairm^t mission to a college of education or to a teachers'
college discloses in a person a mental or physical
impairment, defect or condition ,or a history of any
of them, that in the opinion of the Commission
does not render the person incapable of being em-
ployed but might subsequently render him incapable
of being employed by re-occurrence, worsening or
the development of sequelae or complications, the
person shall be admitted to the college of education or
to the teachers' college only if he signs a consent in
the prescribed form to have this section apply to
him in the event of his becoming employed.
?'392' B^3i' (^) Clause b of subsection 3 of the said section 31 is amended
eiibs 3, oi. t, by inserting after "incapacitated" in the first and second
lines "as a result of the mental or physical impairment, defect
or condition or a history thereof in respect of which he signed
a consent", so that the clause shall read as follows:
(6) while employed becomes mentally or physically in-
capacitated, as a result of the mental or physical
impairment, defect or condition or a history thereof
in respect of which he signed a consent, to a degree
that in the opinion of the Commission renders him
incapable of being further employed; and
^■fg?: 8.^58; 4:. Section 58 of The Teachers' Superannuation Act, as
amended ' amended by section 3 of The Teachers' Superannuation Amend-
ment Act, 1961-62, is further amended by adding thereto the
following paragraph :
9a. prescribing the terms and conditions upon which
co-ordinators and instructors under Programme 5
of the Federal- Provincial Technical and Vocational
135
Training Agreement may contribute to tiie Fund in
respect of employment under the Agreement before
the 1st day of September, 1962.
5. Every person now or hereafter on the staff of a college ^g^^j^j^^*^*^-
of education who is eligible to contribute to either the as to fund
Teachers' Superannuation Fund or the pension fund of a
university shall, within three months after this Act comes into
force or within three months after joining such staff, whichever
is the later, by notice in writing to the Commission and to the
university, elect to contribute to one or the other of such
funds and shall not thereafter have a right to re-elect.
6. — (1) This Act, except subsection 2 of section 1 and Commence-
section 4, comes into force on the day it receives Royal
Assent.
(2) Subsection 2 of section 1 and section 4 shall be deemed idem
to have come into force on the 1st day of September, 1962.
7. This Act may be cited as The Teachers' Superannuation Short title
Amendment Act, 1962-63.
135
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BILL 136
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to establish Welfare Administration Boards
in Territorial Districts
Mr. Cecile
TORONTO
Printed and Published by Frank F"ogg, Queen's Printer
0ti avi.
Explanatory Note
The Bill enables a majority of the towns, villages, townships and
improvement districts in each territorial district to require the establish-
ment of a district welfare administration board to administer the welfare
services in the district. The District of Thunder Bay is divided in two
for this purpose. Cities are not included, and towns, villages, townships
and improvement districts having a population of over 15,000 may exempt
themselves.
136
BILL 136 1962-63
An Act to establish Welfare Administration
Boards in Territorial Districts
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, tate"*
(a) "board" means a district welfare administration
board established under section 3;
(b) "council" means the council of a municipality, and
includes the board of trustees of an improvement
district ;
(c) "district" means a territorial or electoral district
named in section 2;
(d) "Minister" means the Minister of Public Welfare;
(e) "municipality" means a town, village, township or
improvement district to which this Act applies as
determined under section 2;
(/) "regulations" means the regulations made under this
Act;
(g) "welfare services" means,
(i) any class of assistance administered under
The General Welfare Assistance Act, ^*i64' ^^^^'
(ii) the services of a homemaker or nurse that are
furnished under The Homemakers and iVwrjg^ RS.o. i960,
Services Act;
(iii) the expenditures for the hospitalization of
indigent persons,
136
R.S.O. 1960,
c. 53
(iv) the expenditures for the payment of the rate
under section 24 or 27 of The Child Welfare
Act for the care and maintenance of a child or
children by a children's aid society,
and includes such other welfare services as are
designated by the regulations.
Application 2. This Act applies to the towns, villages, townships and
improvement districts in the territorial districts of Algoma,
Cochrane, Kenora, Manitoulin, Muskoka, Nipissing, Parry
Sound, Rainy River, Sudbury and Timiskaming, and in the
electoral districts of Fort William and Port Arthur, but a
municipality having a population of more than 15,000 may
by by-law, subject to the approval of the Minister, exempt
itself from the application of this Act.
Establish-
ment of
district
welfare
adminis-
tration
board
3. — (1) A district welfare administration board shall be
established and maintained for a district by all the munici-
palities in the district when a by-law authorizing the establish-
ment of the board has been passed by a majority of the
municipalities in the district.
Transmission (2) When a by-law is passed under subsection 1, a certified
^ copy thereof shall be transmitted forthwith to the Minister.
Composition
of board
Municipal
members
Powers and
duties of
boards
Welfare
adminis-
trator
(3) A board shall be a corporation and shall consist of,
(a) not fewer than three and not more than five members
appointed jointly by all the municipalities in the
district for a term not exceeding one year expiring
on the 1st day of April in each year; and
(b) two members appointed by the Lieutenant Governor
in Council for a term not exceeding three years.
(4) Each member of a board appointed by the municipalities
shall, when appointed, be a member of the council of a
municipality in the district, and, where a member of the
board ceases to be a member of a council before his term as a
member of the board has expired, he may complete the un-
expired portion of his term.
4. — (1) Where a board is established for a district, all the
powers, duties and responsibilities that are given by any
other Act to the councils of the municipalities in the district
in respect of the provision and administration of welfare
services are vested in the board.
(2) Every board shall, with the approval of the Minister,
appoint a welfare administrator and such other staff as is
necessary.
136
5. Where a board is established for a district, any con- P^y^Q^jJ^^*^
tribution that is payable by the Province for welfare services services
to a municipality in the district shall be paid instead to the board
board.
6. — (1) For the purposes of this Act, the assessor of aAssesament
territorial district or, if there is no district assessor, the revised and
Department of Municipal Affairs shall in each year revise
and equalize the assessment rolls of the municipalities in each
district for which a board is established.
(2) Each board shall in each year apportion among the Estimates
municipalities in the district the amount that it estimates and appor-
will be required to defray the expenditures for welfare services '°'^'^®'^
for that year, including the expenses incurred for the ad-
ministration of welfare services, and shall on or before the
25th day of February notify the clerk of each such munici-
pality of the amount to be provided by that municipality.
(3) In preparing the estimates, the board may provide for ^ork^nl '^"'^
a reserve for working funds, but the amount of the reserve funds
in a year shall not exceed 15 per cent of the total estimates
of the board for the year.
(4) Each municipality shall include the amount required ^oii'^t^Q^
to be provided by it under this section in its estimates for the
then current year, and shall levy and collect the amount in
like manner as taxes and pay the amount to the board on
demand.
(5) Where in any year the last revised assessment rolls of^^gg'^Q^ta
the municipalities in the district are not equalized by the ^o* ^^^^^^
district assessor or the Department of Municipal Affairs in time
under subsection 1 before the 10th day of February, the
board may apportion the amount that it estimates to be
required in proportion to the amounts of their assessments
most recently equalized, and in that case shall re-apportion
the amount and make the necessary adjustments after the
equalization is completed.
(6) Where in any year the last revised assessment rolls of^^^f^^^
the municipalities in a district are revised and equalized and assessment
have been appealed, the board may apportion the amount that
it estimates to be required in proportion to the amounts of
their assessments as revised and equalized, and in that case
shall re-apportion the amount and make the necessary adjust-
ments in accordance with the decision of the Ontario Municipal
Board or the judgment of a court.
7. — (1) In the first vear in which a board is established Provincial
r J- • IT-' A-" • /^ •! grant for
lor a district, the Lieutenant Governor in Council may, out first year
of the moneys appropriated therefor by the Legislature,
136
direct payment to the board of a per capita grant in accordance
with the population of each municipality in the district in
the amount prescribed by the regulations for that district
to assist the board to carry out the purposes of this Act during
the first year.
When grant (2) A grant made under subsection 1 before the 1st day of
Consolidated April, 1964, shall be paid out of the Consolidated Revenue
Revenue ^ .
Fund rund.
mfnation of 8. For the purposes of this Act, the population of a muni-
popuiation cipality shall be as determined by the latest census made by
R.sx). I960, ^i^g assessor of the municipality under The Assessment Act.
Regulations g^ -yhe Lieutenant Governor in Council may make regula-
tions,
(a) adding to the welfare services mentioned in clause g
of section 1 ;
(b) governing applications for grants under section 7, and
the method, time and manner of the payment of the
grants;
(c) prescribing the per capita amount for each district
to which the Act applies for the purposes of section 7 ;
(d) providing for the appointment of a chairman of a
board, and fixing the term of office of the chairman ;
(«) prescribing the records that shall be kept under this
Act and the returns that shall be made to the
Minister;
(/) prescribing forms and providing for their use;
(g) respecting any matter necessary or advisable to carry
out effectively the intent and purpose of this Act.
Commence- 10, This Act comes into force on a day to be named by
the Lieutenant Governor by his proclamation.
ment
Short title 11. This Act may be cited as The District Welfare Ad-
ministration Boards Act, 1962-63.
136
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BILL 136
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to establish Welfare Administration Boards
in Territorial Districts
Mr. Cecile
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 136 1962-63
An Act to establish Welfare Administration
Boards in Territorial Districts
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, interpre-
tation
(a) "board" means a district welfare administration
board established under section 3;
(b) "council" means the council of a municipality, and
includes the board of trustees of an improvement
district;
(c) "district" means a territorial or electoral district
named in section 2;
(d) "Minister" means the Minister of Public Welfare;
(e) "municipality" means a town, village, township or
improvement district to which this Act applies as
determined under section 2;
(/) "regulations" means the regulations made under this
Act;
(g) "welfare services" means,
(i) any class of assistance administered under
The General Welfare Assistance Act, ^'loi' ^^^^'
(ii) the services of a homemaker or nurse that are
furnished under The Homemakers and Nurses 'R-f-O. i960,
r, . . c. 173
berv^ces Act;
(iii) the expenditures for the hospitalization of
indigent persons,
136
R.S.O. 1960,
c. 53
(iv) the expenditures for the payment of the rate
under section 24 or 27 of The Child Welfare
Act for the care and maintenance of a child or
children by a children's aid society,
and includes such other welfare services as are
designated by the regulations.
Application
Establish-
ment of
district
welfare
adminis-
tration
board
2. This Act applies to the towns, villages, townships and
improvement districts in the territorial districts of Algoma,
Cochrane, Kenora, Manitoulin, Muskoka, Nipissing, Parry
Sound, Rainy River, Sudbury and Timiskaming, and in the
electoral districts of Fort William and Port Arthur, but a
municipality having a population of more than 15,000 may
by by-law, subject to the approval of the Minister, exempt
itself from the application of this Act.
3. — (1) A district welfare administration board shall be
established and maintained for a district by all the munici-
palities in the district when a by-law authorizing the establish-
ment of the board has been passed by a majority of the
municipalities in the district.
o7by*-iaw^^°" (2) When a by-law is passed under subsection 1, a certified
copy thereof shall be transmitted forthwith to the Minister.
Composition
of board
(3) A board shall be a corporation and shall consist of,
(fl) not fewer than three and not more than five members
appointed jointly by all the municipalities in the
district for a term not exceeding one year expiring
on the 1st day of April in each year; and
{b) two members appointed by the Lieutenant Governor
in Council for a term not exceeding three years.
members^' (4) Each member of a board appointed by the municipalities
shall, when appointed, be a member of the council of a
municipality in the district, and, where a member of the
board ceases to be a member of a council before his term as a
member of the board has expired, he may complete the un-
expired portion of his term.
Powers and
duties of
boards
Welfare
adminis-
trator
4. — (1) Where a board is established for a district, all the
powers, duties and responsibilities that are given by any
other Act to the councils of the municipalities in the district
in respect of the provision and administration of welfare
services are vested in the board.
(2) Every board shall, with the approval of the Minister,
appoint a welfare administrator and such other staff as is
necessary.
136
5. Where a board is established for a district, any con- ]^^^™e1fare
tribution that is payable by the Province for welfare services services
to a municipality in the district shall be paid instead to the board
board.
6. — (1) For the purposes of this Act, the assessor of a Assessment
territorial district or, if there is no district assessor, the revised and
Department of Municipal Affairs shall in each year revise ^^"^ '^^
and equalize the assessment rolls of the municipalities in each
district for which a board is established.
(2) Each board shall in each year apportion among the Estimates
municipalities in the district the amount that it estimates and appor-
will be required to defray the expenditures for welfare services "^"™®'^
for that year, including the expenses incurred for the ad-
ministration of welfare services, and shall on or before the
25th day of February notify the clerk of each such munici-
pahty of the amount to be provided by that municipality.
(3) In preparing the estimates, the board may provide for^®^®^^® ^°^
a reserve for working funds, but the amount of the reserve funds
in a year shall not exceed 15 per cent of the total estimates
of the board for the year.
(4) Each municipality shall include the amount required J'oii^t^on
to be provided by it under this section in its estimates for the
then current year, and shall levy and collect the amount in
like manner as taxes and pay the amount to the board on
demand.
(5) Where in any year the last revised assessment rolls of ^J^gg^^gj^^g
the municipalities in the district are not equalized by the^ot^^.^^
district assessor or the Department of Municipal Afifairs in time
under subsection 1 before the 10th day of February, the
board may apportion the amount that it estimates to be
required in proportion to the amounts of their assessments
most recently equalized, and in that case shall re-apportion
the amount and make the necessary adjustments after the
equalization is completed.
(6) Where in any year the last revised assessment rolls of where
the municipalities in a district are revised and equalized and assessment
have been appealed, the board may apportion the amount that^'^'^^^ *
it estimates to be required in proportion to the amounts of
their assessments as revised and equalized, and in that case
shall re-apportion the amount and make the necessary adjust-
ments in accordance with the decision of the Ontario Municipal
Board or the judgment of a court.
7. — (1) In the first year in which a board is established Provincial
for a district, the Lieutenant Governor in Council may, out first year
of the moneys appropriated therefor by the Legislature,
136
direct payment to the board of a per capita grant in accordance
with the population of each municipality in the district in
the amount prescribed by the regulations for that district
to assist the board to carry out the purposes of this Act during
the first year.
When grant (2) A grant made under subsection 1 before the 1st day of
Consolidated April, 1964, shall be paid out of the Consolidated Revenue
Revenue ^^ i
Fund rund.
mfnation of 8. For the purposes of this Act, the population of a muni-
popuiation cipality shall be as determined by the latest census made by
R.s^o. I960, ^i^g assessor of the municipality under The Assessment Act.
Regulations q^ jj^^ Lieutenant Governor in Council may make regula-
tions,
{a) adding to the welfare services mentioned in clause g
of section 1 ;
(h) governing applications for grants under section 7, and
the method, time and manner of the payment of the
grants;
(c) prescribing the per capita amount for each district
to which the Act applies for the purposes of section 7 ;
{d) providing for the appointment of a chairman of a
board, and fixing the term of office of the chairman;
(e) prescribing the records that shall be kept under this
Act and the returns that shall be made to the
Minister;
(/) prescribing forms and providing for their use;
(g) respecting any matter necessary or advisable to carry
out effectively the intent and purpose of this Act.
Commence- jQ. jhis Act comes into force on a day to be named by
the Lieutenant Governor by his proclamation.
ment
Short title j^j^ jj^jg ^^^ ^^y ^^ ^j^g^j ^g j^/^g District Welfare Ad-
ministration Boards Act, 1962-63.
136
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BILL 137
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Public Service Superannuation Act
Mr. Allan (Haldimand-Norfolk)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
ui JJia
:hha-
ncHiiiunm:-
EXPLANATORY NOTES
Section 1. This amendment brings the subsection into line with
section 27 of the Act.
■aix-
Section 2. The intent is clarified.
137
BILL 137 1962-63
An Act to amend
The Public Service Superannuation Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 3 of section 8 of The Public Service Super - ^ •^^- ^^^'
annuation Act is repealed and the following substituted there- ^ubs. 3,
. ^ ^ re-enacted
for:
(3) Where the Lieutenant Governor in Council designates Designated
a board, commission or foundation under section 27, commissiona
amounts equivalent to the contributions to the Fund fbundationa
of persons who become contributors by reason of
such designation shall be paid into the Fund by the
board, commission or foundation in lieu of the
credits to the Fund provided for in subsection 1.
2. Subsection 1 of section 16 of The Public Service Super- ^fg^- g^f g'
annuation Act, as re-enacted by section 7 of The Public Service (i96i-62,
c 122 s T I
Superannuation Amendment Act, 1961-62, is repealed and thesiibs. i, "
following substituted therefor:
(1) Where a former contributor is, in the opinion of theRe-
„ 1 II I • • • employment
board, re-empioyed or engaged m any capacity m
the service of the Crown, any allowance or annuity
that he received immediately prior to such re-
employment or engagement or to which he becomes
entitled during such re-employment or engagement
shall not be paid during the period of such re-
employment or engagement.
3. This Act comes into force on the day it receives Royal menif"^'**'*
Assent.
4. This Act may be cited as The Public Service Super - ^^""^^ ^'^'^'^
annuation Amendment Act, 1962-63.
137
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BILL 137
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Public Service Superannuation Act
Mr. Allan (Haldimand-Norfolk)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
\ i\n
BILL 137 1962-63
An Act to amend
The Public Service Superannuation Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 3 of section 8 of The Public Service Super- f-^^ l^f^-
anniuition Act is repealed and the following substituted there- s"^«- 3. ^
. ' '^ re-enacted
tor:
(3) Where the Lieutenant Governor in Council designates Designated
a board, commission or foundation under section 27, oommiseions
amounts equivalent to the contributions to the Fund foundations
of persons who become contributors by reason of
such designation shall be paid into the Fund by the
board, commission or foundation in lieu of the
credits to the Fund provided for in subsection L
2. Subsection 1 of section 16 of The Public Service Super- ^ f.^- ^^^^^
anmiation Act, as re-enacted bv section 7 of The Public 5^mce(i96i-62,
. c. 122, S. 7) ,
Superannuation Amendment Act, 1961-62, is repealed and the subs, i, '
following substituted therefor:
(1) Where a former contributor is, in the opinion of theR-e-
„ J , , , . . . employment
Board, re-employed or engaged ni any capacity m
the service of the Crown, any allowance or annuity
that he received immediately prior to such re-
employment or engagement or to which he becomes
entitled during such re-employment or engagement
shall not be paid during the period of such re-
emploNinent or engagement.
3. This Act comes into force on the day it receives Royal ment"^"'^"
Assent.
4. This Act may be cited as The Public Service Super - ^^^^^ ^^^^^
annuation Amendment Act, 1962-63.
137
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BILL 138
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
P
An Act to amend The Succession Duty Act
Mr. Allan (Haldimand-Norfolk)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1. The issue of treasury shares by a company controlled by
the deceased for short consideration is made taxable.
Section 2. No duty will be levied on the interest of a deceased in
an employee pension fund where the deceased dies domiciled outside
Ontario.
Section 3 — Subsection 1. The duty payable by a dependant, notably
widows and dependent children, is reduced by an amount equal to the
amount of duty which would be payable if the aggregate value were equal
to the amount of the individual dependant allowance and if the whole of
the estate passed to him.
138
BILL 138 1962-63
An Act to amend The Succession Duty Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Clause / of section 1 of The Succession Duty Act is ^fg^; s.^i|^'
amended by adding thereto the following subclause: amended
(iiia) any issuing of, or any agreement to issue, shares out
of treasury, during the lifetime of the deceased, of
any company in which the interest of the deceased
or his agent or nominee was at the time of issuing
or agreement, alone or added to that of any member
of the family of the deceased, more than 50 per cent,
directly or indirectly, of the whole, or shares out of
treasury of any company in which the interest of
any such first-mentioned company was more than
50 per cent, directly or indirectly, of the whole.
2. Clause h of section 4 of The Succession Duty Act is^-^-O- 1^?^-
.. c. 386, 8. 4,
arriended by striking out "or" at the end of subclause ii andci. h,
by adding thereto the following subclauses:
(iv) any interest of the deceased in any pension fund,
plan or scheme of general application to employees
of whom the deceased was one,
(v) any money or other property payable or transferable
as a result of the death of the deceased out of any
pension fund, plan or scheme of general application
to employees of whom the deceased was one, or
(vi) any interest by way of annuity or otherwise accruing
or arising on the death of the deceased under any
pension fund, plan or scheme of general application
to employees of whom the deceased was one.
3. — (1) Section 7 of The Succession Duty Act is amended ^•|g'°- 19|°>
by adding thereto the following subsection: amended
138
Reduction
in
dependant's
duty
(2a) The duty levied on property passing on the death of
the deceased to or for the benefit of a dependant
and on him shall be reduced by an amount equal to
the amount obtained by dividing the product of,
(a) the sum of the value of the property passing
on the death of the deceased to him or for his
benefit on which duty is levied and of the value
of all dispositions in respect of which duty is
levied on him; and
(b) the amount of his individual dependant re-
duction or of his increased individual de-
pendant reduction, if the greater, .1. J
by the sum of the value of all the property passing
on the death of the deceased to him or for his benefit,
and of the value of all dispositions to him that do
not come within clause g of subsection 1 of section 5.
R.S.O. I960,
c. 386, s. 7,
subs. 3,
amended
(2) Subsection 3 of the said section 7, as amended by
section 2 of The Succession Duty Amendment Act, 1960-61, is
further amended by adding at the commencement thereof
"After the reduction provided for in subsection 2a is made",
so that the first three lines of the subsection shall read as
follows :
Duty
levied on
dependant
to be
reduced-
notch clause
(3) After the reduction provided for in subsection 2a
is made, the duty levied on property passing on the
death of the deceased to or for the benefit of a
dependant and on him shall be reduced to an amount
equal to one-half of,
R.S.O. 1960,
0. 386, 8. 7,
subs. 5, cl. a,
repealed
R.S.O. 1960,
c. 386, 8. 7,
subs. 7,
amended
(3) Clause a of subsection 5 of the said section 7 is repealed.
(4) Subsection 7 of the said section 7 is amended by in-
serting after "to" in the fourth line of clause c and in the
twenty-third line and inserting in lieu thereof in each
instance "one-half of", so that the subsection shall read as
follows :
Reduction
(7) Where,
{a)
any of the property to which clause a of
section 1 applies passes to or for the benefit
of any person or persons mentioned in subsec-
tion 1 and any of the dispositions to which
clause a of section 1 applies are made to him
or them; and
138
Subsection 2. This amendment is complementary to the amendment
made by subsection 1 above.
Subsection 3. The effect of the repeal of clause a is to raise the
exemption for stranger class beneficiaries from $5,000 to $10,000.
Subsection 4. The duty under the notch provisions in favour of
preferred beneficiaries is further reduced by one-half.
138
Subsection 5. Notch clauses are provided for collateral and stranger
beneficiaries on the same basis as that provided for the preferred class.
138
(b) duty is levied on the proportion of the
property so passing to or for the benefit of
such person or persons and on him or them
and such duty is payable by him or them ; and
(c) the amount of the duty levied on the pro-
portion of such property so passing to or for
the benefit of any one of such persons and on
him is greater than an amount equal to one-
half of the amount obtained by,
(i) multiplying the amount by which the
aggregate value exceeds $50,000 by the
sum of the amount of the value of
such property so passing to him and
of such dispositions made to him, and
(ii) dividing the product thereof by the
aggregate value,
the amount of the duty mentioned in clause c shall
be reduced to one-half of the amount obtained under
subclauses i and ii of clause c.
(5) The said section 7 is amended by adding thereto the ^fgg' ^^|°'
following subsections: amended
(7a) Where, Notch_
collaterals
(a) any of the property to which clause a of
section 1 applies passes to or for the benefit
of any person or persons mentioned in sub-
section 4 and any of the dispositions to which
clause a of section 1 applies are made to him
or them; and
(b) duty is levied on the proportion of the
property so passing to or for the benefit of
such person or persons and on him or them
and such duty is payable by him or them ; and
(c) the amount of the duty levied on the propor-
tion of such property so passing to or for the
benefit of any one of such persons and on him
is greater than an amount equal to one-half
of the amount obtained by,
(i) multiplying the amount by which the
aggregate value exceeds $20,000 by the
138
sum of the amount of the value of such
property so passing to him and of such
dispositions made to him, and
(ii) dividing the product thereof by the
aggregate value,
the amount of the duty mentioned in clause c shall
be reduced to one-half of the amount obtained under
subclauses i and ii of clause c\ and, where the aggre-
gate value is less than $20,000 and clauses a and h
apply, the duty levied on the proportion of such
property passing on the death of the deceased to or
for the benefit of any one of such persons and on
him shall be reduced to an amount equal to one-half
of the amount by which the sum of the value of such
property so passing and of such dispositions made
to him exceeds $10,000.
NoS. (76) Where,
strangerB
{a) any of the property to which clause a of sec-
tion 1 applies passes to or for the benefit of
any person or persons mentioned in sub-
section 5 and any of the dispositions to which
clause a of section 1 applies are made to him
or them; and
(6) duty is levied on the proportion of the
property so passing to or for the benefit of
such person or persons and on him or them
and such duty is payable by him or them ; and
(c) the amount of the duty levied on the propor-
tion of such property so passing to or for the
benefit of any one of such persons and on him
is greater than an amount equal to one-half
of the amount obtained by,
(i) multiplying the amount by which the
aggregate value exceeds $10,000 by the
sum of the amount of the value of such
property so passing to him and of such
dispositions made to him, and
(ii) dividing the product thereof by the
aggregate value,
the amount of the duty mentioned in clause c shall
be reduced to one-half of the amount obtained under
subclauses i and ii of clause c.
138
Subsection 6. The bases of the reductions made by subsection 1 are
defined.
138
(6) Subsection 8 of the said section 7 is amended by adding ^Ig'^-i^j^o,
thereto the following clauses: ^"^^l-o
^ amended
(ca) "increased individual dependant reduction", in the
case of the wife of the deceased, means the sum of
the amount of her individual dependant reduction
and the amount of the individual dependant reduc-
tion of each dependent child in whose case the sum
of the value of the property passing on the death of
the deceased to him or for his benefit and of the
value of all dispositions to him that do not come
within clause g of subsection 1 of section 5 does not
exceed the amount of his individual dependant
allowance;
(cb) "increased individual dependant reduction", in the
case of a dependant where the deceased is not sur-
vived by a wife, means the sum of,
(i) the amount of his individual dependant re-
duction, and
(ii) an amount equal to the amount obtained by
dividing the product of,
A. the amount of the dependant's in-
dividual dependant allowance, and
B. the sum of the amounts of the indivi-
dual dependant reduction of depend-
ants in whose cases the sum of the value
of the property passing on the death
of the deceased to him or for his benefit,
and of the value of all dispositions to
him that do not come within clause g of
subsection 1 of section 5, does not
exceed the amount of his individual
dependant allowance,
by the sum of the amounts of the individual
dependant allowance of all dependants, ex-
clusive of dependants mentioned in sub-
clause B.
(da) "individual dependant reduction" means, in the case
of a dependant, the amount obtained by applying
to the amount of his individual dependant allowance
the rates applicable under subsection 1 to amounts
138
equal to the amount of his individual dependant
allowance and by adding to the amount so obtained
15 per cent thereof, provided that, where the de-
pendant's individual dependant allowance is less than
$50,000, the rate to be applied to his individual
dependant allowance shall be 2.5 per cent.
R-S-O. I960, 4, — (1) Subsection 1 of section 10 of The Succession Duty
subs. i. ' ' Act \s amended by inserting after "contract" in the twenty-
ninth line "or to any pension fund, plan or scheme", so that
the subsection shall read as follows:
Consent (1) Qn the death of any person, whether he dies domiciled
in Ontario or elsewhere, unless the consent in writing
of the Treasurer is obtained,
(a) no bank, trust company, insurance company
or other corporation, having its head ofifice,
principal place of business, office from which
payments are made, register of transfers, or
any place of transfer, in Ontario, shall deliver,
assign, transfer or pay, or permit the delivery,
assignment, transfer or payment of,
(i) any property situate in Ontario in
which the deceased at the time of his
death had any beneficial interest, or
(ii) any money payable as a result of death
under any contract of insurance either
effected, contracted for or applied for
by the deceased, or in which the
deceased had at the time of his death
any interest, where the debt resulting
in the payment of such money was
situate in Ontario at the date of death
of the deceased; arid
(h) no person in Ontario, other than a person
acting in the capacity of administering the
property passing on the death of the deceased,
shall deliver, assign, transfer or pay or permit
the delivery, assignment, transfer or payment
of any property in which the deceased had
at the time of his death any beneficial interest,
provided that this subsection does not apply to any
contract or to any pension fund, plan or scheme to
which clause h of section 4 applies.
138
Section 4 — Subsection 1. The consent of the Treasurer is not
required for payment out of an employee pension fund where the deceased
employee dies domiciled outside Ontario.
138
Subsection 2. The amount payable without the consent of the
Treasurer in respect of a pension fund for employees is increased from
$2,500 to $5,000.
138
(2) Subsection 3 of the said section 10 is amended by ^Ig^. i960,
striking out "$2,500" in the second Une and inserting in h'eusubs. 3,
thereof "$5,000", so that the subsection shall read as follows:
(3) Notwithstanding anything in this Act, any person Payments
may make payment not exceeding $5,000 under any pension
f , , , c I I- ^- funds, etc.
pension fund, plan or scheme oi general application
to employees of whom the deceased was one, without
the consent of the Treasurer, where payment is
made to or for the benefit of any member or members
of the family of the deceased, and notice of the
making of payment shall be transmitted forthwith
to the Treasurer.
6. This Act comes into force on the day it receives Royal Commence-
. "^ •' ment
Assent.
6. This Act may be cited as The Succession Duty Amend-^^^^^^^^^^
ment Act, 1962-63.
138
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BILL 138
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Succession Duty Act
Mr. Allan (Haldimand-Norfolk)
{Reprinted for consideration by the Committee of the Whole House)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1. The issue of treasury shares by a company controlled by
the deceased for short consideration is made taxable.
Section 2. No duty will be levied on the interest of a deceased in
an employee pension fund where the deceased dies domiciled outside
Ontario.
Section 3 — Subsection 1. The duty payable by a dependant, notably
widows and dependent children, is reduced by an amount equal to the
amount of duty which would be payable if the aggregate value were equal
to the amount of the individual dependant allowance and if the whole of
the estate passed to him.
138 • .
BILL 138
1962-63
cl./,
amended
An Act to amend The Succession Duty Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Clause / of section 1 of The Succession Duty Act is ^■fpe* ef i?'
amended by adding thereto the following subclause:
(iiifl) any issuing of, or any agreement to issue, shares out
of treasury, during the lifetime of the deceased, of
any company in which the interest of the deceased
or his agent or nominee was at the time of issuing
or agreement, alone or added to that of any member
of the family of the deceased, more than 50 per cent,
directly or indirectly, of the whole, or shares out of
treasury of any company in which the interest of
any such first-mentioned company was more than
50 per cent, directly or indirectly, of the whole.
2. Clause h of section 4 of The Succession Duty Act JsR-l-O- i9|o.
amended by striking out "or" at the end of subclause ii andci. *. ' .
by adding thereto the following subclauses:
(iv) any interest of the deceased in any pension fund,
plan or scheme of general application to employees
of whom the deceased was one,
(v) any money or other property payable or transferable
as a result of the death of the deceased out of any
pension fund, plan or scheme of general application
to employees of whom the deceased was one, or
(vi) any interest by way of annuity or otherwise accruing
or arising on the death of the deceased under any
pension fund, plan or scheme of general application
to employees of whom the deceased was one.
3. — (1) Section 7 of The Succession Duty Act is amended ^•|g'^- 1^|0'
by adding thereto the following subsection: amended
138
Reduction
in
dependant's
duty
(2a) The duty levied on property passing on the death of
the deceased to or for the benefit of a dependant
and on him shall be reduced by an amount equal to
the amount obtained by dividing the product of,
(a) the sum of the value of the property passing
on the death of the deceased to him or for his
benefit on which duty is levied and of the value
of all transmissions to him and of the value
of all dispositions in respect of which duty is
levied on him ; and
(b) the amount of his individual dependant re-
duction or of his increased individual de-
pendant reduction, if the greater,
by the sum of the value of all the property passing
on the death of the deceased to him or for his benefit,
and of the value of all dispositions to him that do
not come within clause g of subsection 1 of section 5.
R.S.O. I960,
o. 386. s. 7,
subs. 3,
amended
(2) Subsection 3 of the said section 7, as amended by
section 2 of The Succession Duty Amendment Act, 1960-61, is
further amended by adding at the commencement thereof
"After the reduction provided for in subsection 2a is made",
so that the first three lines of the subsection shall read as
follows:
Duty
levied on
dependant
to be
reduced-
notch clause
(3) After the reduction provided for in subsection 2a
is made, the duty levied on property passing on the
death of the deceased to or for the benefit of a
dependant and on him shall be reduced to an amount
equal to one-half of,
R.S.O. 1960,
c. 386, 8. 7,
subs. 6, cl. a,
repealed
R.S.O. 1960,
o. 386, S. 7,
subs. 7,
amended
(3) Clause a of subsection 5 of the said section 7 is repealed.
(4) Subsection 7 of the said section 7 is amended by in-
serting after "to" in the fourth line of clause c and in the
twenty-third line and inserting in lieu thereof in each
instance "one-half of", so that the subsection shall read as
follows :
Reduction
(7) Where,
(a)
any of the property to which clause a of
section 1 applies passes to or for the benefit
of any person or persons mentioned in subsec-
tion 1 and any of the dispositions to which
clause a of section 1 applies are made to him
or them; and
138
Subsection 2. This amendment is complementary to the amendment
made by subsection 1 above.
Subsection 3. The effect of the repeal of clause a is to raise the
exemption for stranger class beneficiaries from $5,000 to $10,000.
Subsection 4. The duty under the notch provisions in favour of
preferred beneficiaries is further reduced by one-half.
138
Subsection 5. Notch clauses are provided for collateral and stranger
beneficiaries on the same basis as that provided for the preferred class.
138
(b) duty is levied on the proportion of the
property so passing to or for the benefit of
such person or persons and on him or them
and such duty is payable by him or them ; and
(c) the amount of the duty levied on the pro-
portion of such property so passing to or for
the benefit of any one of such persons and on
him is greater than an amount equal to one-
half of the amount obtained by,
(i) multiplying the amount by which the
aggregate value exceeds $50,000 by the
sum of the amount of the value of
such property so passing to him and
of such dispositions made to him, and
(ii) dividing the product thereof by the
aggregate value,
the amount of the duty mentioned in clause c shall
be reduced to one-half of the amount obtained under
subclauses i and ii of clause c.
(5) The said section 7 is amended by adding thereto the R|-0. i960,
following subsections: amended
(7a) Where. Notch
collaterals
(a) any of the property to which clause a of
section 1 applies passes to or for the benefit
of any person or persons mentioned in sub-
section 4 and any of the dispositions to which
clause a of section 1 applies are made to him
or them ; and
(b) duty is levied on the proportion of the
property' so passing to or for the benefit of
such person or persons and on him or them
and such duty is payable by him or them ; and
(c) the amount of the duty levied on the pro-
portion of such property, where the aggregate
value exceeds $10,000 but does not exceed
$20,000, so passing to or for the benefit of
any one of such persons and on him is greater
than an amount equal to one-half of the
amount obtained by,
(i) multiplying the amount by which the
aggregate value exceeds $10,000 by the
138
sum of the amount of the value of such
property so passing to him and of such
dispositions made to him, and
(ii) dividing the product thereof by the
aggregate value,
the amount of the duty mentioned in clause c shall
be reduced to one-half of the amount obtained under
subclauses i and ii of clause c; and
{d) the amount of the duty including the surtax
provided for by subsection 6, levied on the
proportion of such property, where the aggre-
gate value exceeds $20,000, so passing to or
for the benefit of any one of such persons and
on him, by reason of the application of the
rate of duty provided for by clause a of sub-
section 4, is greater than an amount equal
to one-half of the amount obtained by,
(i) multiplying the amount by which the
aggregate value exceeds $20,000 by the
sum of the amount of the value of such
property so passing to him and of such
dispositions made to him, and
(ii) dividing the product thereof by the
aggregate value,
the amount of the duty mentioned in clause d shall
be reduced to an amount equal to one-half of the
amount obtained under subclauses i and ii of clause d.
Notch (76) Where,
clause, ^ '
strangerB
(a) any of the property to which clause a of sec-
tion 1 applies passes to or for the benefit of
any person or persons mentioned in sub-
section 5 and any of the dispositions to which
clause a of section 1 applies are made to him
or them; and
(6) duty is levied on the proportion of the
property so passing to or for the benefit of
such person or persons and on him or them
and such duty is payable by him or them ; and
(c) the amount of the duty levied on the propor-
tion of such property so passing to or for the
benefit of any one of such persons and on him
138
Subsection 6. The bases of the reductions made by subsection 1 are
defined.
138
is greater than an amount equal to one-half
of the amount obtained by,
(i) multiplying the amount by which the
ajrorcoate value exceeds $10,000 by the
sum of the amount of the value of such
property so passing to him and of such
dispositions made to him, and
(ii) dividing the product thereof by the
aggregate value,
the amount of the duty mentioned in clause c shall
be reduced to one-half of the amount obtained under
subclauses i and ii of clause c.
(6) Subsection 8 of the said section 7 is amended by adding o. "age, "sf 7, '
thereto the following clauses: Imended
{ca) "increased individual dependant reduction", in the
case of the wife of the deceased, means the sum of
the amount of her individual dependant reduction
and the amount of the individual dependant reduc-
tion of each dependent child in whose case the sum
of the value of the property passing on the death of
the deceased to him or for his benefit and of the
value of all dispositions to him that do not come
within clause g of subsection 1 of section 5 does not
exceed the amount of his individual dependant
allowance ;
{cb) "increased individual dependant reduction", in the
case of a dependant where the deceased is not sur-
vived by a wife, means the sum of,
(i) the amount of his individual dependant re-
duction, and
(ii) an amount equal to the amount obtained by
dividing tlie product of,
A. the amount of the dependant's in-
dividual dependant allowance, and
B. the sum of the amounts of the individ-
ual dependant reduction of depend-
ants in whose cases the sum of the value
of the property passing on the death
of the deceased to him or for his benefit,
and of the value of all dispositions to
him that do not come within clause g of
subsection 1 of section 5, does not
exceed the amount of his individual
dependant allowance,
138
by the sum of the amounts of the individual
dependant allowance of all dependants, ex-
clusive of dependants mentioned in sub-
clause B.
(da) "individual dependant reduction" means, in the case
of a dependant, the amount obtained by applying
to the amount of his individual dependant allowance
the rates applicable under subsection 1 to amounts
equal to the amount of his individual dependant
allowance and by adding to the amount so obtained
15 per cent thereof, provided that, where the de-
pendant's individual dependant allowance is less than
$50,000, the rate to be applied to his individual
^^ dependant allowance shall be 2.5 per cent.
^•|^o. I960. 4, — (1) Subsection 1 of section 10 of The Succession Duty
8ubs. i, ■ ' Act is amended by inserting after "contract" in the twenty-
amended -.IT It . • e 1 1 1 I, 1
nmth Ime or to any pension fund, plan or scheme , so that
the subsection shall read as follows:
Consent (1) On the death of any person, whether he dies domiciled
in Ontario or elsewhere, unless the consent in writing
of the Treasurer is obtained,
(a) no bank, trust company, insurance company
or other corporation, having its head office,
principal place of business, office from which
payments are made, register of transfers, or
any place of transfer, in Ontario, shall deliver,
assign, transfer or pay, or permit the delivery,
assignment, transfer or payment of,
(i) any property situate in Ontario in
which the deceased at the time of his
death had any beneficial interest, or
(ii) any money payable as a result of death
under any contract of insurance either
effected, contracted for or applied for
by the deceased, or in which the
deceased had at the time of his death
any interest, where the debt resulting
in the payment of such money was
situate in Ontario at the date of death
of the deceased; and
(b) no person in Ontario, other than a person
acting in the capacity of administering the
property passing on the death of the deceased,
138
<
Section 4 — Subsection 1. The consent of the Treasurer is not
required for payment out of an employee pension fund where the deceased
employee dies domiciled outside Ontario.
138
Subsection 2. The amount payable without the consent of the
Treasurer in respect of a pension fund for employees is increased from
$2,500 to $5,000.
138
shall deliver, assign, transfer or pay or permit
the delivery, assignment, transfer or payment
of any property in which the deceased had
at the time of his death any beneficial interest,
provided that this subsection does not apply to any
contract or to any pension fund, plan or scheme to
which clause h of section 4 applies.
(2) Subsection 3 of the said section 10 is amended by ^•|g'^- i^^o,
striking out "$2,500" in the second line and inserting in lieu subs. 3,
thereof "$5,000", so that the subsection shall read as follows:
(3) Notwithstanding anything in this Act, any person P^yf^®"*^
may make payment not exceeding $5,000 under any pension
pension fund, plan or scheme of general application
to employees of whom the deceased was one, without
the consent of the Treasurer, where payment is
made to or for the benefit of any member or members
of the family of the deceased, and notice of the
making of payment shall be transmitted forthwith
to the Treasurer,
5. This Act comes into force on the day it receives Royal Commence-
Assent.
6. This Act may be cited as The Succession Duty ^we«cZ-^^°^* ***^®
ment Act, 1962-63.
138
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BILL 138
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Succession Duty Act
Mr. Allan (Haldimand-Norfolk)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 138 1962-63
An Act to amend The Succession Duty Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Clause / of section 1 of The Succession Duty Act is^'fge.'sfi?'
amended by adding thereto the following subclause: amended
(iiia) any issuing of, or any agreement to issue, shares out
of treasury, during the lifetime of the deceased, of
any company in which the interest of the deceased
or his agent or nominee was at the time of issuing
or agreement, alone or added to that of any member
of the family of the deceased, more than 50 per cent,
directly or indirectly, of the whole, or shares out of
treasury of any company in which the interest of
any such first-mentioned company was more than
50 per cent, directly or indirectly, of the whole.
2* Clause h of section 4 of The Succession Duty Act is^|gO. i960,
amended by striking out "or" at the end of subclause ii andci. *. ' '
, jj. , 7 I- ^^ • 11 amended
by addmg thereto the tollowmg subclauses:
(iv) any interest of the deceased in any pension fund,
plan or scheme of general application to employees
of whom the deceased was one,
(v) any money or other property payable or transferable
as a result of the death of the deceased out of any
pension fund, plan or scheme of general application
to employees of whom the deceased was one, or
(vi) any interest by way of annuity or otherwise accruing
or arising on the death of the deceased under any
pension fund, plan or scheme of general application
to employees of whom the deceased was one.
3. — (1) Section 7 of The Succession Duty Act is amended ^•|g'^- ^^1^^-
by adding thereto the following subsection : amended
138
Reduction
In
dependant's
duty
(2a) The duty levied on property passing on the death of
the deceased to or for the benefit of a dependant
and on him shall be reduced by an amount equal to
the amount obtained by dividing the product of,
(a) the sum of the value of the property passing
on the death of the deceased to him or for his
benefit on which duty is levied and of the value
of all transmissions to him and of the value
of all dispositions in respect of which duty is
levied on him; and
(b) the amount of his individual dependant re-
duction or of his increased individual de-
pendant reduction, if the greater,
by the sum of the value of all the property passing
on the death of the deceased to him or for his benefit,
and of the value of all dispositions to him that do
not come within clause g of subsection 1 of section 5-
R.S.O. I960,
c. 386. 8. 7.
subs. 3,
amended
(2) Subsection 3 of the said section 7, as amended by
section 2 of The Succession Duty Amendment Act, 1960-61, is
further amended by adding at the commencement thereof
"After the reduction provided for in subsection 2a is made",
so that the first three lines of the subsection shall read as
follows :
Duty
levied on
dependant
to be
reduced-
notch clause
(3) After the reduction provided for in subsection 2a
is made, the duty levied on property passing on the
death of the deceased to or for the benefit of a
dependant and on him shall be reduced to an amount
equal to one-half of.
R.S.O. I960,
siibs. 5,^ci.'a, (3) Clause a of subsection 5 of the said section 7 is repealed.
repealed
^■fs?," s.^7?' (^) Subsection 7 of the said section 7 is amended by in-
^"''^•j'^ serting after "to" in the fourth line of clause c and in the
amended ,.i,. ,. • -i- i /■• i
twenty-third Ime and msertmg m lieu thereof m each
instance "one-half of", so that the subsection shall read as
follows:
Reduction
(7) Where,
(a)
any of the property to which clause a of
section 1 applies passes to or for the benefit
of any person or persons mentioned in subsec-
tion 1 and any of the dispositions to which
clause a of section 1 applies are made to him
or them; and
138
(b) duty is levied on the proportion of the
property so passing to or for the benefit of
such person or persons and on him or them
and such duty is payable by him or them ; and
(c) the amount of the duty levied on the pro-
portion of such property so passing to or for
the benefit of any one of such persons and on
him is greater than an amount equal to one-
half of the amount obtained by,
(i) multiplying the amount by which the
aggregate value exceeds $50,000 by the
sum of the amount of the value of
such property so passing to him and
of such dispositions made to him, and
(ii) dividing the product thereof by the
aggregate value,
the amount of the duty mentioned in clause c shall
be reduced to one-half of the amount obtained under
subclauses i and ii of clause c.
(5) The said section 7 is amended by adding thereto the i^f.o. i960,
r II • • • c. 386, 8. 7,
lOllOwmg subsections: amended
(7a) Where, Notch
collaterals
(a) any of the property to which clause a of
section 1 applies passes to or for the benefit
of any person or persons mentioned in sub-
section 4 and any of the dispositions to which
clause a of section 1 applies are made to him
or them; and
(b) duty is levied on the proportion of the
property so passing to or for the benefit of
such person or persons and on him or them
and such duty is payable by him or them ; and
(c) the amount of the duty levied on the pro-
portion of such property, where the aggregate
value exceeds $10,000 but does not exceed
$20,000, so passing to or for the benefit of
any one of such persons and on him is greater
than an amount equal to one-half of the
amount obtained by,
(i) multiplying the amount by which the
aggregate value exceeds $10,000 by the
138
sum of the amount of the value of such
property so passing to him and of such
dispositions made to him, and
(ii) dividing the product thereof by the
aggregate value,
the amount of the duty mentioned in clause c shall
be reduced to one-half of the amount obtained under
subclauses i and ii of clause c; and
{d) the amount of the duty including the surtax
provided for by subsection 6, levied on the
proportion of such property, where the aggre-
gate value exceeds $20,000, so passing to or
for the benefit of any one of such persons and
on him, by reason of the application of the
rate of duty provided for by clause a of sub-
section 4, is greater than an amount equal
to one-half of the amount obtained by,
(i) multiplying the amount by which the
aggregate value exceeds $20,000 by the
sum of the amount of the value of such
property so passing to him and of such
dispositions made to him, and
(ii) dividing the product thereof by the
aggregate value,
the amount of the duty mentioned in clause d shall
be reduced to an amount equal to one-half of the
amount obtained under subclauses i and ii of clause d.
Notch {^b) Where,
strangers
(a) any of the property to which clause a of sec-
tion 1 applies passes to or for the benefit of
any person or persons mentioned in sub-
section 5 and any of the dispositions to which
clause a of section 1 applies are made to him
or them ; and
{h) duty is levied on the proportion of the
property so passing to or for the benefit of
such person or persons and on him or them
and such duty is payable by him or them ; and
(c) the amount of the duty levied on the propor-
tion of such property so passing to or for the
benefit of any one of such persons and on him
138
is greater than an amount equal to one-half
of the amount obtained by,
(i) multiplying the amount by which the
aggregate value exceeds $10,000 by the
sum of the amount of the value of such
property so passing to him and of such
dispositions made to him, and
(ii) dividing the product thereof by the
aggregate value,
the amount of the duty mentioned in clause c shall
be reduced to one-half of the amount obtained under
subclauses i and ii of clause c.
(6) Subsection 8 of the said section 7 is amended by adding ^■386," s.^??*
thereto the following clauses: l^lnled
{ca) "increased individual dependant reduction", in the
case of the wife of the deceased, means the sum of
the amount of her individual dependant reduction
and the amount of the individual dependant reduc-
tion of each dependent child in whose case the sum
of the value of the property passing on the death of
the deceased to him or for his benefit and of the
value of all dispositions to him that do not come
within clause g of subsection 1 of section 5 does not
exceed the amount of his individual dependant
allowance;
(c6) "increased individual dependant reduction", in the
case of a dependant where the deceased is not sur-
vived by a wife, means the sum of,
(i) the amount of his individual dependant re-
duction, and
(ii) an amount equal to the amount obtained by
dividing the product of,
A. the amount of the dependant's in-
dividual dependant allowance, and
B. the sum of the amounts of the individ-
ual dependant reduction of depend-
ants in whose cases the sum of the value
of the property passing on the death
of the deceased to him or for his benefit,
and of the value of all dispositions to
him that do not come within clause g of
subsection 1 of section 5, does not
exceed the amount of his individual
dependant allowance,
138
by the sum of the amounts of the individual
dependant allowance of all dependants, ex-
clusive of dependants mentioned in sub-
clause B.
(da) "individual dependant reduction" means, in the case
of a dependant, the amount obtained by applying
to the amount of his individual dependant allowance
the rates applicable under subsection 1 to amounts
equal to the amount of his individual dependant
allowance and by adding to the amount so obtained
15 per cent thereof, provided that, where the de-
pendant's individual dependant allowance is less than
$50,000, the rate to be applied to his individual
dependant allowance shall be 2.5 per cent.
R.s.o. I960. 4. — (1) Subsection 1 of section 10 of The Succession Duty
c 3S6 8 10
subs, i, ' ' Act is amended by inserting after "contract" in the twenty-
ninth line "or to any pension fund, plan or scheme", so that
the subsection shall read as follows:
c onsent (1) On the death of any person, whether he dies domiciled
in Ontario or elsewhere, unless the consent in writing
of the Treasurer is obtained,
(a) no bank, trust company, insurance company
or other corporation, having its head office,
principal place of business, office from which
payments are made, register of transfers, or
any place of transfer, in Ontario, shall deliver,
assign, transfer or pay, or permit the delivery,
assignment, transfer or payment of,
(i) any property situate in Ontario in
which the deceased at the time of his
death had any beneficial interest, or
(ii) any money payable as a result of death
under any contract of insurance either
effected, contracted for or applied for
by the deceased, or in which the
deceased had at the time of his death
any interest, where the debt resulting
in the payment of such money was
situate in Ontario at the date of death
of the deceased ; and
(b) no person in Ontario, other than a person
acting in the capacity of administering the
property passing on the death of the deceased,
138
shall deliver, assign, transfer or pay or permit
the dehvery, assignment, transfer or payment
of any property in which the deceased had
at the time of his death any beneficial interest,
provided that this subsection does not apply to any
contract or to any pension fund, plan or scheme to
which clause h of section 4 applies.
(2) Subsection 3 of the said section 10 is amended by ^Ig^- 1960,
striking out "$2,500" in the second line and inserting in Heusubs. 3.
thereof "$5,000", so that the subsection shall read as follows:
(3) Notwithstanding anything in this Act, any person Payments
may make payment not exceeding $5,000 under any pension
pension fund, plan or scheme of general application
to employees of whom the deceased was one, without
the consent of the Treasurer, where payment is
made to or for the benefit of any member or members
of the family of the deceased, and notice of the
making of payment shall be transmitted forthwith
to the Treasurer.
5. This Act comes into force on the day it receives Royal ^q^/"®'^*'®'
Assent.
6. This Act may be cited as The Succession Duty Amend- ^^^"^^ *^*^®
ment Act, 1962-63.
138
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BILL 139
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Corporations Act
Mr. Yaremko
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1. The Act now prohibits a partner or employee of a director,
ofificer or employee of a corporation from being appointed an auditor of
that corporation.
The effect of these amendments is to also prohibit an employer of any
such director, ofificer or employee from being appointed an auditor.
139
BILL 139 1962-63
An Act to amend The Corporations Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1.— (1) Subsection 1 of section 81 of The Corporations Actc.'ii.B.si,'
is amended by inserting after "partner" in the fourth line Imended
"employer", so that the subsection shall read as follows:
(1) Except as provided in subsection 2, no person shall ^q^'q^^*'
be appointed as auditor of a company who is a direc-^^^'ii^o''
tor, officer or employee of that company or an
affiliated company or who is a partner, employer or
employee of any such director, officer or employee.
(2) Subsection 2 of the said section 81 is amended byc.'vi s. si, '
inserting after "company" in the fourth line "or an affiliated |^ended
company" and by inserting after "partner" in the fourth
line "employer", so that the subsection shall read as follows:
(2) Upon the unanimous vote of the shareholders of aP"vate
^ ' T companies
private company present or represented at the
meeting at which the auditor is appointed, a director,
officer or employee of that company or an affiliated
company, or a partner, employer or employee of
such director, officer or employee, may be appointed
as auditor of that company, if it is not a subsidiary
company of a company incorporated by any legis-
lative jurisdiction in Canada which is not a private
company within the meaning of this Act.
(3) Subsection 3 of the said section 81 is amended by ^fi^J^g.'^li^'
inserting after "partner" in the fourth line "employer", so|^|^^^^
that the subsection shall read as follows:
(3) A person appointed as auditor under subsection 2 Notice
shall indicate in his report to the shareholders on
the annual financial statement of the company that
139
he is a director, officer or employee of the company
or a partner, employer or employee of such director,
officer or employee.
c!'"7i^s^87*^' ^* — ^^^ Section 87 of The Corporations Act is amended by
amended adding thereto the following subsection:
Change in
accounting
practice
(la) For the purpose of subsection 1, a change in account-
ing principle or practice or in the method of applying
any accounting principle or practice affects the
comparability of a statement with that for the
preceding period, even though it did not have a
material effect upon the profit or loss for the period.
^•S^<^gi|60. (2) Subsection 2 of the said section 87 is amended by
subs.' 2, adding thereto the following item:
amended ^
14. Any event or transaction, other than one in the
normal course of business operations, between the
date to which the financial statement is made up
and the date of the auditor's report thereon that
materially affects the financial statement.
R.s.o. I960. 3, Subsection 4 of section 145 of The Corporations Act is
subs.' 4." ' amended by striking out "$5" in the fourth line and in the
sixth line and inserting in lieu thereof in each instance "$1".
amended
R.S.O. 1960,
c. 190
f'/j^'s^lti', ^' Subsection 13 of section 151 of The Corporations Act is
an^end^ed amended by inserting after "fire" in the eighth line "property
damage insurance, theft insurance or", so that the subsection
shall read as follows:
(13) The powers of a mutual fire insurance corporation
without guarantee capital stock shall be limited to
undertaking contracts of fire insurance upon agri-
cultural property, or property that is not mercantile
or manufacturing or hazardous, on the premium note
plan in accordance with The Insurance Act, but may
be extended by supplementary letters patent to
include, in the case of property that it insures
against fire, property damage insurance, theft in-
surance or any class or classes of insurance set out
in section 27 of The Insurance Act, but, if such
powers are extended to include weather insurance,
all liability for loss in excess of $100 on an\- risk
covered by weather insurance shall be re-insured
with a licensed weather insurance company.
^■^■P- 1960, 5.— (1) Clause h of subsection 2 of section 208 of The Cor-
c Tl S 208
subs.' 2', ci. ii.porations Act is repealed and the following substituted
re-ena( ted ., r
theretor :
139
Section 2 — Subsection 1. The new subsection is designed to clarify
the intent of subsection 1, which requires a note to a financial statement of
any change, etc., in accounting practices that affects comparability of
that statement with previous statements.
Subsection 2. The events and transactions mentioned in the new
item 14 will be required to be referred to in the financial statement or in
a note thereto in order that shareholders will have up-to-date information.
Section 3. The amendment will permit, in the circumstances
described in the subsection, the reduction in par value of shares to $1 or
a multiple thereof or allow a similar value to be applied on the creation of
an additional class or classes of shares.
Section 4. This amendment will permit farm mutual fire insurance
companies to extend their coverage of fire insurance to also include the
hazards of property damage and theft.
Section 5. Section 208 of The Corporations Act sets out the invest-
ment powers of insurers. These are substantially the same as the invest-
ment provisions of the Federal Insurance Acts as they stood prior to
1961. In 1961 the Federal provisions were revised and, in some respects,
enlarged to keep pace with changing conditions (see Statutes of Canada,
1960-61, c. 13, ss. 12 and 29-34, and c. 16, ss. 9-14).
The amendments in this section of the Bill are designed to bring the
investment powers of Ontario insurers into line with the Federal Acts.
139
Subsection 1. At present, mortgage bonds are eligible investments
only if the security behind them is mortgaged to a trustee. The amend-
ment to clause h makes bonds eligible where the security behind them is
real estate mortgaged to the insurer making the investment. Also, cash
balances in the hands of a trustee will be recognized as one of the classes
of assets that may be mortgaged as security for a bond issue.
Subsection 2. At present, equipment trust certificates are eligible
investments if they relate to railway equipment. The amendment to
clause t will also include equipment trust certificates issued to finance the
purchase of highway transportation equipment.
Subsection 3. This new clause will allow guaranteed investment cer-
tificates as eligible investments if they are issued by a Canadian trust
company that meets the specified dividend test, that is to say, a five-year
record of dividends at the full rate on its preferred shares or a five-year
record of dividends at a rate of at least 4 per cent on its common shares.
Subsection 4. At the present time, an insurer may join with any
other insurer in making an investment in real estate for the production
of income where the real estate is leased to a corporation that meets
certain dividend requirements. The amendment to clause o will enable
such investments to be made also jointly with loan companies and trust
companies incorporated in Canada, and will increase the maximum limit
on any one parcel of real estate from one-half of 1 per cent to 1 per cent
of the company's total assets.
139
.3
(h) the bonds, debentures or other evidences of indebted- ^°JJj*J.|jj®^9;'
ness of a corporation that are fully secured by a "mortgage
mortgage, charge or hypothec to the insurer upon
real estate or to a trustee upon any, or upon any
combination, of the following assets,
(i) real estate,
(ii) the plant or equipment of a corporation that
is used in the transaction of its business, or
(iii) bonds, debentures or other evidences of in-
debtedness or shares, of a class authorized
by this subsection as investments, or cash
balances,
and the inclusion, as additional security under the
mortgage, charge or hypothec, of any other assets
not of a class authorized by this Act as investments
shall not render such bonds, debentures or other
evidences of indebtedness ineligible as an investment.
(2) Clause i of subsection 2 of the said section 208 is ^8^0^1960.
repealed and the following substituted therefor: 8ub8.'2, ci. «,'
"^ ° re-enacted
(i) obligations or certificates issued by a trustee to equipment
finance the purchase of transportation equipment certificates
for a corporation incorporated in Canada or the
United States of America to be used on railways or
public highways, if the obligations or certificates are
fully secured by,
(i) an assignment of the transportation equip-
ment to, or the ownership thereof, by the
trustee, and
(ii) a lease or conditional sale thereof by the
trustee to the corporation.
(3) Subsection 2 of the said section 208 is amended by ^f i^s.^l^^;
adding thereto the following clause: ^^
2,
amended
(ja) guaranteed investment certificates issued by a trust ?^^g|i.^|®^
company incorporated in Canada that, at the date certificates
of the investment by the insurer therein, complied
with the requirements described in subclause i of
clause J in respect of the payment of dividends.
(4) Clause o of subsection 2 of the said section 208 is re-^|^^gi|^^'
pealed and the following substituted therefor: sub8.'2, ci. o
° re-enacted
139
pal estate (<j) real estate or leaseholds for the production of income
production in Canada or elsewhere where the insurer is carrving
of income , . . , , • • ^i -^i i
on business, either alone or jointly with any other
insurer or with any loan company or trust company
incorporated in Canada, if,
(i) a lease of the real estate or leasehold is made
to, or guaranteed by, a corporation that, at
the date of the investment by the insurer
therein, complied with the requirements
described in subclause i of clause j in respect
of the payment of dividends,
(ii) the lease provides for a net revenue sufficient
to yield a reasonable interest return during
the period of the lease and to repay at least
85 per cent of the amount invested by the
insurer in the real estate or leasehold within
the period of the lease but not exceeding
thirty years from the date of investment, and
(iii) the total investment of an insurer in any one
parcel of real estate or in any one leasehold
does not exceed 1 per cent of the book value
of the total assets of the insurer,
and the insurer may hold, maintain, improve, lease,
sell or otherwise deal with or dispose of the real
estate or leasehold.
c^fi^s^ios' ^^^ Subsection 3 of the said section 208 is amended by
8ub8.'3,' ' inserting after "reorganization" in the second and third lines
"or liquidation", so that the subsection shall read as follows:
Securities
received on
reorganiza-
tion, liquida-
tion or
amalgama-
tion
(3) Where an insurer owns securities of a corporation
and where as a result of a bona fide arrangement for
the reorganization or liquidation of the corporation
or for the amalgamation of the corporation with
another corporation such securities are to be ex-
changed for bonds, debentures or other evidences of
indebtedness or shares not eligible as investments
under subsection 2, the insurer may accept such
bonds, debentures or other evidences of indebtedness
or shares, but they shall be allowed as an asset of
the insurer in the annual report prepared by the
Superintendent for the Minister only for a period
of five years after their acceptance, or such further
period as the Lieutenant Governor in Council deter-
mines, unless it is shown to the satisfaction of the
Lieutenant Governor in Council that such bonds.
139
Subsection 5. At the present time, an insurer may receive and hold
securities that are not otherwise eligible investments where the securities
are received in exchange for other securities on the reorganization or
amalgamation of a corporation in which it has invested. The amendment
extends this authority to include such exchanges arising out of liquidation
of a corporation.
139
Subsection 6. Subsection 4 now provides an area of freedom of
investment for a company up to a maximum of 3 per cent of the total
assets of the company. The amendment will increase this maximum to
5 per cent.
Subsection 7. This amendment increases from 5 per cent to 10 per cent
the maximum investment in real estate for the production of income.
Section 6. This amendment reduces the directors' share qualification
requirement from shares on which $1,000 has been paid to shares on which
$500 has been paid.
Section 7. The new section 224c gives power to a life insurance
company having a capital stock to purchase its own shares for the purpose
of converting the company into a mutual company.
Section 8. The Schedule sets forth the conditions to be complied
with and the procedure to be followed in converting a joint stock life
insurance company into a mutual company. The Schedule is similar to
section 90A of the Canadian and British Insurance Companies Ad.
139
debentures or other evidences of indebtedness or
shares are not inferior in status or value to the
securities for which they have been substituted or
unless they become eligible as investments under
subsection 2.
(6) Paragraph 3 of subsection 4 of the said section 208 is^Vi, s.^los!
amended by striking out "3" in the fifth line and inserting inp'^^^g^'
lieu thereof "5". amended
(7) Subsection 8 of the said section 208 is amended by ^IjOg^l^^'
striking out "5" in the fourth line and inserting in lieu thereof subs. 8,
,, ,, ° amended
6. Section 223 of The Corporations Act is amended by^-^^Ogi||^'
striking out "$1,000" in the sixth line and inserting in lieu amended
thereof "$500".
7. The Corporations Act is amended by adding thereto the^fi^' ^^^^'
following section : amended
224a. Notwithstanding anything in the letters patent ^f^j^^®^^'^'^
incorporating the company or in its bv-laws, or in stock life
. • K . . , ,.r -^. ' companies
this Act, a jomt stock lite insurance company may, into mutual
with the permission of the minister charged with the
administration of The Insurance Act, establish and^-^A*^- ^^^'^^
implement a plan for the conversion of the company
into a mutual company by the purchase of shares
of the capital stock of the company in accordance
with the Schedule to this Act.
8. The Corporations Act is amended by adding thereto the^?i°" ^^^^'
following schedule: amended
SCHEDULE
CONVERSION OF JOINT STOCK LIFE COMPANIES
INTO MUTUAL COMPANIES
\. The terms and provisions of any plan referred to in section 224a Details of
of The Corporations Act shall be set forth in detail in a by-law made by the |*Q|''fQ*j.°j|'®
directors and confirmed at a special general meeting of the company duly in by-law
called for the purpose of considering the by-law, and there shall be recorded r.s.O. 1960,
in the minutes of the meeting the number of votes for and the number of c. 71
votes against confirmation of the by-law, the votes of shareholders and the
votes of policyholders being recorded separately.
2. No such by-law becomes effective until sanctioned by the Sanction of
Lieutenant Governor in Council, and in no case shall any such by-law be LTeu^enant
sanctioned unless the Lieutenant Governor in Council is satisfied that, aovernor in
Council
(c) the conversion of the company into a mutual company may
reasonably be expected to be achieved under the terms of the
by-law and in accordance with this paragraph;
139
(b) the paid-up capital of the company has ceased to be an important
factor in safeguarding the interests of the policyholders of the
company, having regard to the quality and amount of the assets
of the company, the surplus of the company relative to its
liabilities, the nature of the business carried on by the company
and any other considerations deemed by the Lieutenant Governor
in Council to be relevant;
(c) the majority of the votes cast by shareholders and the majority
of the votes cast by policyholders at the special general meeting
referred to in paragraph i, whether in person or by proxy, were
in favour of confirmation of the by-law;
(d) the company holds offers from shareholders, in such terms as to
preclude the withdrawal thereof prior to notice by the company
in accordance with paragraph 13, to sell to the company, at a
price fixed by the directors, not less than 25 per cent of all issued
and outstanding shares of the capital stock of the company
immediately upon the sanction of the by-law by the Lieutenant
Governor in Council, or not less than 50 per cent of all issued
and outstanding shares of the capital stock of the company
within such period, commencing immediately upon the sanction
of the by-law by the Lieutenant Governor in Council, as is
specified in the by-law;
(e) the amount required to purchase 25 per cent of the issued and
outstanding shares of the capital stock of the company at the
price fixed by the directors for the purposes of clause d does not
exceed the maximum amount, determined in accordance with
paragraph 9, that may be applied by the company, immediately
upon the sanction of the by-law by the Lieutenant Governor in
Council, in payment for shares purchased under the terms of the
by-law; and
(/) the price fixed by the directors for the purposes of clause d is fair
and reasonable in the circumstances.
Prices to
be paid for
shares
purchased
under
by-law
3. Upon the sanction of the by-law by the Lieutenant Governor in
Council, the price fixed for the purposes of clause d of paragraph 2 shall
continue to be the price that may be paid for shares purchased under the
terms of the by-law until such price is changed by the directors in accord-
ance with paragraph 4.
Change in
price, when
effective
4. The directors may from time to time change the price to be paid
for shares purchased under the terms of the by-law, but no such change
becomes effective until approved by the Minister on the report of the
Superintendent.
Period for
which price
to remain
in effect
5. The price fixed for the purposes of clause d of paragraph 2 and any
subsequent change in price approved in accordance with paragraph 4
shall remain in effect for a period of not less than six months from the
date of sanction of the by-law or the date of approval by the Minister, as
the case may be.
Payment 5 y^H shares purchased under the terms of the by-law shall be paid
for by the company in full at the time of the purchase thereof, but nothing
in this paragraph shall be construed as prohibiting the company from
applying, in payment for any shares so purchased, the full amount of the
purchase price thereof by promissory note, payable at a fixed or deter-
minable future time not later than ten years from the date of the making
thereof and bearing a rate of interest fixed by the directors and approved
by the Minister on the report of the Superintendent.
Date for
commence-
ment of
purchase of
shares
7. The by-law shall fix a day for the commencement of purchase of
shares under the terms of the by-law, which day shall be not sooner than
the day following the day the by-law is sanctioned by the Lieutenant
Governor in Council.
139
8. Subject to paragraph 9, the company shall purchase all shares Purchase of
offered for sale under the terms of the by-law on the day or days fixed by o^^ed for
the terms of the offer in each case for the sale of those shares and at the gale
price in effect on the day the offer was received or the day fixed by the
by-law for the purposes of paragraph 7, whichever is the later, except
that no such purchase shall be made prior to the day so fixed by the
by-law.
9. Notwithstanding anything in this Schedule, the maximum amount Limitation
that may be applied by the company at any particular time in payment
for shares purchased under the terms of the by-law is the amount by which,
(a) the aggregate of the surplus and general or contingency reserves
of the company, after deducting the excess of the book value over
the par value of any shares purchased under the terms of the
by-law on or before the date as of which the condition and affairs
of the company are required to be shown in the most recent
annual statement as required by The Corporations Act, R.S.O. 1960,
c. 71
exceeds the aggregate of,
(6) 6 per cent of the total assets of the company, or such lesser
percentage of the total assets of the company as may be approved
by the Lieutenant Governor in Council, upon application by the
company, as safe and reasonable in the circumstances having
regard to the bases and methods used in the computation of the
policy reserves of the company, the quality of its assets, the
nature of the business transacted by the company, the earnings
of the company and any other matters deemed by the Lieutenant
Governor in Council to be relevant thereto; and
(c) the total amount applied by the company before that particular
time in payment for any shares purchased under the terms of
the by-law after the date referred to in clause a.
10. For the purposes of paragraph 9, the assets, surplus and general I^®"^
or contingency reserves of the company and the book value of any shares
purchased under the terms of the by-law shall be taken as shown in the
annual statement referred to in clause a of paragraph 9.
11. Where, by reason of paragraph 9, the company may, at any Number of
particular time, purchase some but not all of the shares in respect of which nurclfased'^^
offers for sale at that time have been received, the amount that may be from each
applied by the company at that time in payment for shares purchased shareholder
under the terms of the by-law shall be applied by the company by appor- gvfaTes^
tionment among all of the shares so offered for sale at that time, or any
of them, in such manner as is specified in the by-law.
12. The company shall cause a register to be kept in which shall be Register to
recorded the offers for sale of shares under the terms of the by-law in ^® '^^P*
the order in which such offers are received by the company, showing, in
respect of each such offer,
(c) the date of receipt by the company of the offer;
(b) the name and address of the shareholder making the offer;
(c) the number of shares so offered by the shareholder making the
offer and the day or days fixed by the terms of the offer for the
sale of those shares;
(d) the price at which each of the shares so offered may be purchased;
(e) the date of purchase, if any, of each of the shares so offered and
the number of shares purchased; and
(/) the date of withdrawal, if any, of the offer and the number of
shares affected thereby.
139
Notice to 13. Where, by reason of paragraph 9, the company is required to
shareholders discontinue the purchase of shares under the terms of the by-law, the
tinuation of company shall give notice of such discontinuation to each shareholder on
purchases the register whose offer for the sale of shares has not been fully taken up
by the company, but any such offer as regards shares not so purchased
shall continue to be effective and shall maintain its place on the register
until withdrawn by the shareholder by notice in writing to the company.
Shares 14 Where the company has purchased any shares of the capital
general stock of the company under the terms of the by-law,
(a) the number of policyholders' directors of the company shall at
all times thereafter be not less than,
(i) one-third of the total number of directors, or
(ii) that proportion of the total number of directors, as nearly
as may be, that the total number of shares purchased under
the terms of the by-law is of the total number of shares
outstanding immediately prior to the sanction of the by-
law by the Lieutenant Governor in Council,
whichever is the greater, except that nothing in this clause shall
be held to require an increase in the number of policyholders'
directors except as vacancies occur among the shareholders'
directors;
(b) the company shall not thereafter sell any of the shares so pur-
chased, issue any new capital stock or make any calls on shares
of the capital stock subscribed;
(c) any dividends thereafter payable to shareholders shall be at a
rate not less than the average rate paid in the three years
immediately preceding the sanction of the by-law by the
Lieutenant Governor in Council, unless the company establishes
to the satisfaction of the Minister that a reduction therein is
justified by reason of the earnings and general financial condition
of the company; and
(d) shares purchased under the terms of the by-law rank equally
with other shares in the declaration of dividends to shareholders,
but any dividends that may be payable in respect of shares so
purchased shall be paid by transfer of the applicable amount
from the shareholders' account to the insurance funds of the
company.
Idem 15. In respect of each share purchased under the terms of the by-
law, until the capital stock of the company has been cancelled in accordance
with paragraph 20,
(a) the company may include in its assets shown in the annual state-
R.S.O. 1960, ment required by The Corporations Act an amount not exceeding
^- '71 the purchase price of the share, minus one-fifth of the excess of
the purchase price over the par value thereof for each complete
year that has elapsed since the date of purchase of the share;
and
(b) the policyholders' directors shall have additional voting rights
corresponding to the voting rights that might have been exercised
by the holder of the share if he had not sold it, and, unless the
by-law otherwise provides, such additional voting rights shall
be divided as nearly as may be equally among the policyholders'
directors, and the remainder, if any, shall be exercised by such
one of the policyholders' directors as is designated for the purpose
by resolution of all of the directors.
Notice where . , . . «^
90 per cent 16. At such time as the company first acquires 90 per cent or more
or more of of the shares of its capital stock, it shall notify the Minister and each of
acquired by the remaining shareholders of the company to that effect, and, for the
company
139
purposes of this paragraph, notice to any shareholder shall be deemed to
have been given by the company if the company has forwarded to him
by registered mail, at his address shown in the book or books in which
the names of the shareholders of the company are recorded, the notice
required by this paragraph.
17. The notice required by paragraph 16 to be given to each of the Contents of
remaining shareholders of the company shall request each such share- "notice
holder to offer his shares for sale forthwith to the company, and shall
state therein the substance of paragraph 18.
18. All shares of a shareholder remaining outstanding at the expira- Acquisition
tion of six months from the date of the notice required by paragraph 16, °^ remammg
or at the expiration of such further period as may be required by reason of company
paragraph 9, shall, upon tender by the company to the shareholder of an
amount equal to the price in eflFect,
(a) in the case of shares in respect of which any offer for sale was
received by the company prior to the date of the notice, on the
day the offer was received; or
(b) in the case of any other shares, on the date of the notice,
be deerned to have been purchased by the company, and, for the purposes
of this paragraph, tender shall be deemed to have been made to a share-
holder by the company if made to him in person or by registered mail
forwarded to him at his address shown in the book or books referred to
in paragraph 16.
19. Where tender of an amount in accordance with paragraph 18 Amount
has been made and the amount so tendered has not been accepted, theto'^be'^^
amount so tendered shall be retained by the company for payment to the retained for
person entitled thereto, and until so paid shall be shown on the books of payment
the company as a liability.
20. Where the company has purchased or is deemed by paragraph 18 Retirement
to have purchased all of the shares of the capital stock of the company ^ion^of ^
and the shares have been written down in the books of the company to capital stock
their par value, the capital stock of the company shall thereupon be
retired and cancelled by resolution of the board of directors, and the
company shall then become a mutual company without capital stock,
having for its members the participating policyholders and such other
policyholders, if any, as may be authorized by by-law, and the directors
shall take all necessary steps to reorganize the affairs of the company
accordingly.
21. No change in any by-law of a company described in paragraph 1 No change
shall be made after the sanction of the by-law by the Lieutenant Governor except with
in Council, except by a subsequent by-law of the company made by the sanction of
directors and confirmed at a special general meeting of the company duly Lieutenant
called for that purpose, and no such subsequent by-law becomes effective i^*^council
until sanctioned by the Lieutenant Governor in Council.
22. In this Schedule, "Minister" means the member of the Executive J^^jq^'j^'"®'
Council charged for the time being by the Lieutenant Governor in Council
with the administration of The Insurance Act, and "Superintendent" R-S.O. 1960,
means the Superintendent of Insurance. °'
9. This Act comes into force on the day it receives Royal commence-
. •' -' ment
Assent.
10. This Act may be cited as The Corporations Amendment ^^°^^ *^*^®
Act, 1962-63.
139
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BILL 139
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Corporations Act
Mr. Yaremko
{Reprinted as amended by the Committee of the Whole House)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1 . The Act now prohibits a partner or employee of a director,
officer or employee of a corporation from being appointed an auditor of
that corporation.
The effect of these amendments is to also prohibit an employer of any
such director, officer or employee from being appointed an auditor.
139
BILL 139 1962-63
An Act to amend The Corporations Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1.— (1) Subsection 1 of section 81 of The Corporations Actf;f^-^^l\^'
is amended by inserting after "partner" in the fourth line|^|^J^^
"employer", so that the subsection shall read as follows:
(1) Except as provided in subsection 2, no person shall ^o^'o^*^^'
be appointed as auditor of a company who is a direc- auditor
tor, officer or employee of that company or an
affiliated company or who is a partner, employer or
employee of any such director, officer or employee.
(2) Subsection 2 of the said section 81 is amended by ^fj^g^lf^*
inserting after "company" in the fourth line "or an affiliated 1^^^:^ 2^^
company" and by inserting after "partner" in the fourth
line "employer", so that the subsection shall read as follows:
(2) Upon the unanimous vote of the shareholders of a^^^ate
^ ' \ companies
private company present or represented at the
meeting at which the auditor is appointed, a director,
officer or employee of that company or an affiliated
company, or a partner, employer or employee of
such director, officer or employee, may be appointed
as auditor of that company, if it is not a subsidiary
company of a company incorporated by any legis-
lative jurisdiction in Canada which is not a private
company within the meaning of this Act.
(3) Subsection 3 of the said section 81 is amended by^Yi^g-^li?'
inserting after "partner" in the fourth line "employer", ^o^^^^^^^^
that the subsection shall read as follows:
(3) A person appointed as auditor under subsection 2 Notice
shall indicate in his report to the shareholders on
the annual financial statement of the company that
139
he is a director, officer or employee of the company
or a partner, employer or employee of such director,
officer or employee.
^•^jO^i960, 2. — (1) Section 87 of The Corporations Act is amended by
amended adding thereto the following subsection:
Change in
accounting
practice
(la) For the purpose of subsection 1, a change in account-
ing principle or practice or in the method of apphing
any accounting principle or practice affects the
comparability of a statement with that for the
|'>/ preceding period, even though it did not have a
material effect upon the profit or loss for the period.
i^s.o. I960, (2) Subsection 2 of the said section 87 is amended by
subs.' 2, adding thereto the following item:
amended
14. Any event or transaction, other than one in the
normal course of business operations, between the
date to which the financial statement is made up
and the date of the auditor's report thereon that
materially affects the financial statement.
R.s.o. I960, 3. Section 143 of The Corporations Act is amended h\
c 71 8 143
amended adding thereto the following subsection:
Use of name
(4) An insurer may use its name in such form and in
such language as the letters patent or supplementar\
letters patent provide. "^PB
R|jO^i960, 4, Subsection 4 of section 145 of The Corporations Act is
8ub8.'4,' ' amended by striking out "$5" in the fourth line and in the
sixth line and inserting in lieu thereof in each instance "$1".
RS^o^i960, 5. Subsection 13 of section 151 of The Corporations Act is
8ubs.'i3, ' amended by inserting after "fire" in the eighth line "property
damage insurance, theft insurance or", so that the subsection
shall read as follows:
amended
Powers
R.8.O. 1960,
c. 190
(13) The powers of a mutual fire insurance corporation
without guarantee capital stock shall be limited to
undertaking contracts of fire insurance upon agri-
cultural property, or property that is not mercantile
or manufacturing or hazardous, on the premium note
plan in accordance with The Insurance Act, but may
be extended by supplementary letters patent to
include, in the case of property that it insures
against fire, property damage insurance, theft in-
surance or any class or classes of insurance set out
in section 27 of The Insurance Act, but, if such
powers are extended to include weather insurance,
139
SfXTiON 2 — Subsection 1. The new subsection is designed to < larify
the intent of subsection 1, which requires a note to a financial statement of
any change, etc., in accounting practices that affects comparability of
that statement with previous statements.
Subsection 2. The events and transactions mentioned in the new
item 14 will be requireci to be referred to in the financial statement or in
a note thereto in order that shareholders will have up-to-date information.
Section 4. The amendment will permit, in the circumstances
described in the subsection, the reduction in par value of shares to $1 or
a multiple thereof or allow a similar value to be applied on the creation of
an additional class or classes of shares.
SiXTiON 5. This amendment will permit farm mutual fire insurance
companies to extend their coverage of fire insurance to also include the
hazards of property damage and theft.
139
Section 6. Section 208 of The Corporations Act sets out the invest-
ment powers of insurers. These are substantially the same as the invest-
ment provisions of the Federal Insurance Acts as they stood prior to
1961. In 1961 the Federal provisions were revised and, in some respects,
enlarged to keep pace with changing conditions (see Statutes of Canada,
1960-61, c. 13, ss. 12 and 29-34, and c. 16, ss. 9-14).
The amendments in this section of the Bill are designed to bring the
investment powers of Ontario insurers into line with the Federal Acts.
Subsection 1. At present, mortgage bonds are eligible investments
only if the security behind them is mortgaged to a trustee. The amend-
ment to clause h makes bonds eligible where the security behind them is
real estate mortgaged to the insurer making the investment. Also, cash
balances in the hands of a trustee will be recognized as one of the classes
of assets that may be mortgaged as security for a bond issue.
Subsection 2. At present, equipment trust certificates are eligible
investments if they relate to railway equipment. The amendment to
clause i will also include equipment trust certificates issued to finance the
purchase of highway transportation equipment.
Subsection 3. This new clause will allow guaranteed investment cer-
tificates as eligible investments if they are issued by a Canadian trust
company that meets the specified dividend test, that is to say, a five-year
record of dividends at the full rate on its preferred shares or a five-year
record of dividends at a rate of at least 4 per cent on its common shares.
139
all liability for loss in excess of $100 on any risk
covered by weather insurance shall be re-insured
with a licensed weather insurance company.
6.— (1) Clause h of subsection 2 of section 208 of The Cor-RS.o. i960,
orations
therefor :
. ' ' . , , , , r ,, . , • , C. 71, 8. 208,
porattons Act is repealed and the following substituted subs. 2. ci. /«,
re-enacted
(h) the bonds, debentures or other evidences of indebted- secured^by'
ness of a corporation that are fully secured by a'"*""*^**®
mortgage, charge or hypothec to the insurer upon
real estate or to a trustee upon any, or upon any
combination, of the following assets,
^'•H ' (i) real estate,
(ii) the plant or equipment of a corporation that
is used in the transaction of its business, or
(iii) bonds, debentures or other evidences of in-
debtedness or shares, of a class authorized
by this subsection as investments, or cash
balances,
and the inclusion, as additional security under the
mortgage, charge or hypothec, of any other assets
not of a class authorized by this Act as investments
shall not render such bonds, debentures or other
evidences of indebtedness ineligible as an investment.
(2) Clause i of subsection 2 of the said section 208 is ^fi^g.^los!
repealed and the following substituted therefor: ?e-enacted*'
(i) obligations or certificates issued by a trustee to ^^ugt^"*®'^*
finance the purchase of transportation equipment <'®'"**'^°**®'
for a corporation incorporated in Canada or the
United States of America to be used on railways or
public highways, if the obligations or certificates are
fully secured by,
(i) an assignment of the transportation equip-
ment to, or the ownership thereof, by the
trustee, and
(ii) a lease or conditional sale thereof by the
trustee to the corporation.
(3) Subsection 2 of the said section 208 is amended by ^Ij^^gil^^-
adding thereto the following clause: subs.' 2,
° =» amended
(ja) guaranteed investment certificates issued by a trust ?^^^^j.^|®<*
company incorporated in Canada that, at the date certificates
of the investment by the insurer therein, complied
with the requirements described in subclause i of
clause j in respect of the payment of dividends.
139
real estate
for the
production
of income
^■7i?8.^208; (^^ Clause o of subsection 2 of the said section 208 is re-
8ub8.'2 ci. o. pealed and the following substituted therefor:
(o) real estate or leaseholds for the production of income
in Canada or elsewhere where the insurer is carrying
on business, either alone or jointly with any other
insurer or with any loan company or trust company
incorporated in Canada, if,
(i) a lease of the real estate or leasehold is made
to, or guaranteed by, a corporation that, at
the date of the investment by the insurer
therein, complied with the requirements
described in subclause i of clause j in respect
of the payment of dividends,
(ii) the lease provides for a net revenue sufficient
to yield a reasonable interest return during
the period of the lease and to repay at least
85 per cent of the amount invested by the
insurer in the real estate or leasehold within
the period of the lease but not exceeding
thirty years from the date of investment, and
(iii) the total investment of an insurer in any one
parcel of real estate or in any one leasehold
does not exceed 1 per cent of the book value
of the total assets of the insurer,
and the insurer may hold, maintain, improve, lease,
sell or otherwise deal with or dispose of the real
estate or leasehold.
^■fi^i^s.^ios' ^^-^ Subsection 3 of the said section 208 is amended by
amended inserting after "reorganization" in the second and third lines
"or liquidation", so that the subsection shall read as follows:
Securities
received on
reorganiza-
tion, liquida-
tion or
amalgama-
tion
(3) Where an insurer owns securities of a corporation
and where as a result of a bona fide arrangement for
the reorganization or liquidation of the corporation
or for the amalgamation of the corporation with
another corporation such securities are to be ex-
changed for bonds, debentures or other evidences of
indebtedness or shares not eligible as investments
under subsection 2, the insurer may accept such
bonds, debentures or other evidences of indebtedness
or shares, but they shall be allowed as an asset of
the insurer in the annual report prepared by the
Superintendent for the Minister only for a period
of five years after their acceptance, or such further
period as the Lieutenant Governor in Council deter-
mines, unless it is shown to the satisfaction of the
Lieutenant Governor in Council that such bonds,
139
Subsection 4. At the present time, an insurer may join with any
other insurer in making an investment in real estate for the production
of income where the real estate is leased to a corporation that meets
certain dividend requirements. The amendment to clause o will enable
such investments to be made also jointly with loan companies and trust
companies incorporated in Canada, and will increase the maximum limit
on any one parcel of real estate from one-half of 1 per cent to 1 per cent
of the company's total assets.
Subsection 5. At the present time, an insurer may receive and hold
securities that are not otherwise eligible investments where the securities
are received in exchange for other securities on the reorganization or
amalgamation of a corporation in which it has invested. The amendment
extends this authority to include such exchanges arising out of liquidation
of a corporation.
139
Subsection 6. Subsection 4 now provides an area of freedom of
investment for a company up to a maximum of 3 per cent of the total
assets of the company. The amendment will increase this maximum to
5 per cent.
Subsection 7. This amendment increases from 5 per cent to 10 per cent
the maximum investment in real estate for the production of income.
Section 7. This amendment reduces the directors' share qualification
requirement from shares on which $1,000 has been paid to shares on which
$500 has been paid.
Section 8. The new section 224a gives power to a life insurance
company having a capital stock to purchase its own shares for the purpose
of converting the company into a mutual company.
Section 9. The Schedule sets forth the conditions to be complied
with and the procedure to be followed in converting a joint stock life
insurance company into a mutual company. The Schedule is similar to
section 90A of the Canadian and British Insurance Companies Act.
139
debentures or other evidences of indebtedness or
shares are not inferior in status or value to the
securities for which they have been substituted or
unless they become eligible as investments under
subsection 2.
(6) Paragraph 3 of subsection 4 of the said section 208 isc.'?!, s. 208!
amended by striking out "3" in the fifth line and inserting iup^r^g*'
lieu thereof "5". amended
(7) Subsection 8 of the said section 208 is amended by ^•|^'^g^|^^'
striking out "5" in the fourth line and inserting in lieu thereof subs.' 8,
,, ,, ^ amended
7. Section 223 of The Corporations Act is amended by^-^j^gi||^'
striking out "$1,000" in the sixth line and inserting in lieu amended
thereof "$500".
8. The Corporations Act is amended by adding thereto the^fi^' ^^^^'
following section:
amended
224a. Notwithstanding anything in the letters patent ^j?]^!®^®^'''^
incorporating the company or in its by-laws, or in stock life
. . K . . ,.f . companies
this Act, a jomt stock life msurance company may, into mutual
with the permission of the minister charged with the
administration of The Insurance Act, establish and^-^g^- ^^^°'
implement a plan for the conversion of the company
into a mutual company by the purchase of shares
of the capital stock of the company in accordance
with the Schedule to this Act.
9. The Corporations Act is amended by adding thereto the^ ?i^' ^®^°'
following schedule: amended
SCHEDULE
CONVERSION OF JOINT STOCK LIFE COMPANIES
INTO MUTUAL COMPANIES
1. The terms and provisions of any plan referred to in section 224a Details of
of The Corporations Act shall be set forth in detail in a by-law made by the ^g^ 'f^j.^jj
directors and confirmed at a special general meeting of the company duly in by-law
called for the purpose of considering the by-law, and there shall be recorded r.s.O. 1960.
in the minutes of the meeting the number of votes for and the number of c. 71
votes against confirmation of the by-law, the votes of shareholders and the
votes of policyholders being recorded separately.
2. No such by-law becomes effective until sanctioned by the Sanction of
Lieutenant Governor in Council, and in no case shall any such by-law be LTeiUenant
sanctioned unless the Lieutenant Governor in Council is satisfied that, Oovernor in
Council
(a) the conversion of the company into a mutual company may
reasonably be expected to be achieved under the terms of the
by-law and in accordance with this paragraph;
139
(b) the paid-up capital of the company has ceased to be an important
factor in safeguarding the interests of the policyholders of the
company, having regard to the quality and amount of the assets
of the company, the surplus of the company relative to its
liabilities, the nature of the business carried on by the company
and any other considerations deemed by the Lieutenant Governor
in Council to be relevant;
(c) the majority of the votes cast by shareholders and the majority
of the votes cast by policyholders at the special general meeting
referred to in paragraph 1, whether in person or by proxy, were
in favour of confirmation of the by-law;
(d) the company holds offers from shareholders, in such terms as to
preclude the withdrawal thereof prior to notice by the company
in accordance with paragraph 13, to sell to the company, at a
price fixed by the directors, not less than 25 per cent of all issued
and outstanding shares of the capital stock of the company
immediately upon the sanction of the by-law by the Lieutenant
Governor in Council, or not less than 50 per cent of all issued
and outstanding shares of the capital stock of the company
within such period, commencing immediately upon the sanction
of the by-law by the Lieutenant Governor in Council, as is
specified in the by-law;
(e) the amount required to purchase 25 per cent of the issued and
outstanding shares of the capital stock of the company at the
price fixed by the directors for the purposes of clause d does not
exceed the maximum amount, determined in accordance with
paragraph 9, that may be applied by the company, immediately
upon the sanction of the by-law by the Lieutenant Governor in
Council, in payment for shares purchased under the terms of the
by-law; and
(/) the price fixed by the directors for the purposes of clause d is fair
and reasonable in the circumstances.
Prices to
be paid for
shares
purchased
under
by-law
3, Upon the sanction of the by-law by the Lieutenant Governor in
Council, the price fixed for the purposes of clause d of paragraph 2 shall
continue to be the price that may be paid for shares purchased under the
terms of the by-law until such price is changed by the directors in accord-
ance with paragraph 4.
Change in
price, when
effective
4. The directors may from time to time change the price to be paid
for shares purchased under the terms of the by-law, but no such change
becomes effective until approved by the Minister on the report of the
Superintendent.
Period for
which price
to remain
in effect
5. The price fixed for the purposes of clause d of paragraph 2 and any
subsequent change in price approved in accordance with paragraph 4
shall remain in effect for a period of not less than six months from the
date of sanction of the by-law or the date of approval by the Minister, as
the case may be.
Payment
Date for
commence-
ment of
purchase of
shares
6. All shares purchased under the terms of the by-law shall be paid
for by the company in full at the time of the purchase thereof, but nothing
in this paragraph shall be construed as prohibiting the company from
applying, in payment for any shares so purchased, the full amount of the
purchase price thereof by promissory note, payable at a fixed or deter-
minable future time not later than ten years from the date of the making
thereof and bearing a rate of interest fixed by the directors and approved
by the Minister on the report of the Superintendent.
7. The by-law shall fix a day for the commencement of purchase of
shares under the terms of the by-law, which day shall be not sooner than
the day following the day the by-law is sanctioned by the Lieutenant
Governor in Council.
139
8. Subject to paragraph 9, the company shall purchase all shares Purcheise of
offered for sale under the terms of the by-law on the day or days fixed by o^^ed for
the terms of the offer in each case for the sale of those shares and at the gale
price in effect on the day the offer was received or the day fixed by the
by-law for the purposes of paragraph 7, whichever is the later, except
that no such purchase shall be made prior to the day so fixed by the
by-law.
9. Notwithstanding anything in this Schedule, the maximum amount Limitation
that may be applied by the company at any particular time in payment
for shares purchased under the terms of the by-law is the amount by which,
(a) the aggregate of the surplus and general or contingency reserves
of the company, after deducting the excess of the book value over
the par value of any shares purchased under the terms of the
by-law on or before the date as of which the condition and affairs
of the company are required to be shown in the most recent
annual statement as required by The Corporations Act, R.S.O. 1960,
c. 71
exceeds the aggregate of,
(b) 6 per cent of the total assets of the company, or such lesser
percentage of the total assets of the company as may be approved
by the Lieutenant Governor in Council, upon application by the
company, as safe and reasonable in the circumstances having
regard to the bases and methods used in the computation of the
policy reserves of the company, the quality of its assets, the
nature of the business transacted by the company, the earnings
of the company and any other matters deemed by the Lieutenant
Governor in Council to be relevant thereto; and
(c) the total amount applied by the company before that particular
time in payment for any shares purchased under the terms of
the by-law after the date referred to in clause a.
10. For the purposes of paragraph 9, the assets, surplus and general Id6"i
or contingency reserves of the company and the book value of any shares
purchased under the terms of the by-law shall be taken as shown in the
annual statement referred to in clause a of paragraph 9.
IL Where, by reason of paragraph 9, the company may, at any Number of
particular time, purchase some but not all of the shares in respect of which lurctfased^*
offers for sale at that time have been received, the amount that may be from each
applied by the company at that time in payment for shares purchased shareholder
under the terms of the by-law shall be applied by the company by ^PPO''" ah^^Jes^
tionment among all of the shares so offered for sale at that time, or any
of them, in such manner as is specified in the by-law.
12. The company shall cause a register to be kept in which shall be Register to
recorded the offers for sale of shares under the terms of the by-law in ^^ *^®P*
the order in which such offers are received by the company, showing, in
respect of each such offer,
(a) the date of receipt by the company of the offer;
(b) the name and address of the shareholder making the offer;
(c) the number of shares so offered by the shareholder making the
offer and the day or days fixed by the terms of the offer for the
sale of those shares;
(d) the price at which each of the shares so offered may be purchased ;
(c) the date of purchase, if any, of each of the shares so offered and
the number of shares purchased; and
(/) the date of withdrawal, if any, of the offer and the number of
shares affected thereby.
139
Notice to 13. Where, by reason of paragraph 9, the company is required to
shareholders discontinue the purchase of shares under the terms of the by-law, the
tinu^tion'of company shall give notice of such discontinuation to each shareholder on
purchases the register whose offer for the sale of shares has not been fully taken up
by the company, but any such offer as regards shares not so purchased
shall continue to be effective and shall maintain its place on the register
until withdrawn by the shareholder by notice in writing to the company.
Shares 14 Where the company has purchased any shares of the capital
generaf^ stock of the company under the terms of the by-law,
(a) the number of policyholders' directors of the company shall at
all times thereafter be not less than,
(i) one-third of the total number of directors, or
(ii) that proportion of the total number of directors, as nearly
as may be, that the total number of shares purchased under
the terms of the by-law is of the total number of shares
outstanding immediately prior to the sanction of the by-
law by the Lieutenant Governor in Council,
whichever is the greater, except that nothing in this clause shall
be held to require an increase in the number of policyholders'
directors except as vacancies occur among the shareholders'
directors ;
(b) the company shall not thereafter sell any of the shares so pur-
chased, issue any new capital stock or make any calls on shares
of the capital stock subscribed;
(c) any dividends thereafter payable to shareholders shall be at a
rate not less than the average rate paid in the three years
immediately preceding the sanction of the by-law by the
Lieutenant Governor in Council, unless the company establishes
to the satisfaction of the Minister that a reduction therein is
justified by reason of the earnings and general financial condition
of the company; and
(d) shares purchased under the terms of the by-law rank equally
with other shares in the declaration of dividends to shareholders,
but any dividends that may be payable in respect of shares so
purchased shall be paid by transfer of the applicable amount
from the shareholders' account to the insurance funds of the
company.
Idem 15. In respect of each share purchased under the terms of the by-
law, until the capital stock of the company has been cancelled in accordance
with paragraph 20,
(a) the company may include in its assets shown in the annual state-
R.S.O. 1960, meat required by The Corporations Act an amount not exceeding
^- '^1 the purchase price of the share, minus one-fifth of the excess of
the purchase price over the par value thereof for each complete
year that has elapsed since the date of purchase of the share;
and
(b) the policyholders' directors shall have additional voting rights
corresponding to the voting rights that might have been exercised
by the holder of the share if he had not sold it, and, unless the
by-law otherwise provides, such additional voting rights shall
be divided as nearly as may be equally among the policyholders'
directors, and the remainder, if any, shall be exercised by such
one of the policyholders' directors as is designated for the purpose
by resolution of all of the directors.
Notice where
90 per cent 16. At such time as the company first acquires 90 per cent or more
sharee'^^ °^ ^^ ^^^ shares of its capital stock, it shall notify the Minister and each of
acquired by the remaining shareholders of the company to that effect, and, for the
company
139
I
purposes of this paragraph, notice to any shareholder shall be deemed to
have been given by the company if the company has forwarded to him
by registered mail, at his address shown in the book or books in which
the names of the shareholders of the company are recorded, the notice
required by this paragraph.
17. The notice required by paragraph 16 to be given to each of the Contents of
remaining shareholders of the company shall request each such share- "^^^^'ce
holder to offer his shares for sale forthwith to the company, and shall
state therein the substance of paragraph 18.
18. All shares of a shareholder remaining outstanding at the expira- Acquisition
tion of six months from the date of the notice required by paragraph 16, °S ^^^^^^^^
or at the expiration of such further period as may be required by reason of company
paragraph 9, shall, upon tender by the company to the shareholder of an
amount equal to the price in effect,
(a) in the case of shares in respect of which any offer for sale was
received by the company prior to the date of the notice, on the
day the offer was received; or
(b) in the case of any other shares, on the date of the notice,
be deemed to have been purchased by the company, and, for the purposes
of this paragraph, tender shall be deemed to have been made to a share-
holder by the company if made to him in person or by registered mail
forwarded to him at his address shown in the book or books referred to
in paragraph 16.
19. Where tender of an amount in accordance with paragraph 18^'^°"'^*
has been made and the amount so tendered has not been accepted, the to be
amount so tendered shall be retained by the company for payment to the retained for
person entitled thereto, and until so paid shall be shown on the books of Payment
the company as a liability.
20. Where the company has purchased or is deemed by paragraph 18 Retirement
to have purchased all of the shares of the capital stock of the company f^ion^of ^
and the shares have been written down in the books of the company to capital stock
their par value, the capital stock of the company shall thereupon be
retired and cancelled by resolution of the board of directors, and the
company shall then become a mutual company without capital stock,
having for its members the participating policyholders and such other
policyholders, if any, as may be authorized by by-law, and the directors
shall take all necessary steps to reorganize the affairs of the company
accordingly.
21. No change in any by-law of a company described in paragraph 1 No change
shall be made after the sanction of the by-law by the Lieutenant Governor except ^th
in Council, except by a subsequent by-law of the company made by the sanction of
directors and confirmed at a special general meeting of the company duly Lieutenant
called for that purpose, and no such subsequent by-law becomes effective in^Council
until sanctioned by the Lieutenant Governor in Council.
22. In this Schedule, "Minister" means the member of the Executive j^ti^'n"^^
Council charged for the time being by the Lieutenant Governor in Council
with the administration of The Insurance Act, and "Superintendent" ^-^aQ- i960,
means the Superintendent of Insurance. °'
10. This Act comes into force on the day it receives Royal ^^^^'"®"^®'
Assent.
11. This Act may be cited as The Corporations Amendment ^^°^^ *'*'®
Act, 1962-63.
139
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BILL 139
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Corporations Act
Mr. Yaremko
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
'■■ff<^: > f/fi
BILL 139 1962-63
An Act to amend The Corporations Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1.— (1) Subsection 1 of section 81 of The Corporations Actf'f^-^^%1^'
is amended by inserting after "partner" in the fourth line|^|^jj^^
"employer", so that the subsection shall read as follows:
(1) Except as provided in subsection 2, no person shall ^^^^J,^^^'
be appointed as auditor of a company who is a direc- auditor
tor, officer or employee of that company or an
affiliated company or who is a partner, employer or
employee of any such director, officer or employee.
(2) Subsection 2 of the said section 81 is amended by ^f^^g^lf^'
inserting after "company" in the fourth line "or an affiliated subs. 2,
II 1 1 • • p )i • 1 r 1 amended
company and by msertmg after partner m the fourth
line "employer", so that the subsection shall read as follows:
(2) Upon the unanimous vote of the shareholders of a Private
^ ' K . . companies
private company present or represented at the
meeting at which the auditor is appointed, a director,
officer or employee of that company or an affiliated
company, or a partner, employer or employee of
such director, officer or employee, may be appointed
as auditor of that company, if it is not a subsidiary
company of a company incorporated by any legis-
lative jurisdiction in Canada which is not a private
company within the meaning of this Act.
(3) Subsection 3 of the said section 81 is amended by ^'yi'ps.^ii!^'
inserting after "partner" in the fourth line "employer", so|^|j^^^^^j
that the subsection shall read as follows:
(3) A person appointed as auditor under subsection 2 Notice
shall indicate in his report to the shareholders on
the annual financial statement of the company that
139
he is a director, officer or employee of the company
or a partner, employer or employee of such director,
officer or employee.
?"7i°8^87°' ^' — (^^ Section 87 of The Corporations Act is amended by
amended ' adding thereto the following subsection:
Change in
accounting
practice
(la) For the purpose of subsection 1, a change in account-
ing principle or practice or in the method of applying
any accounting principle or practice affects the
comparability of a statement with that for the
preceding period, even though it did not have a
material effect upon the profit or loss for the period.
R-S-O- 1960 (2) Subsection 2 of the said section 87 is amended by
subs.' 2.' ' adding thereto the following item:
amended
14. Any event or transaction, other than one in the
normal course of business operations, between the
date to which the financial statement is made up
and the date of the auditor's report thereon that
materially affects the financial statement.
R.s.o. I960, 3, Section 143 of The Corporations Act is amended by
amended ' adding thereto the following subsection:
Use of name
(4) An insurer may use its name in such form and in
such language as the letters patent or supplementary
letters patent provide.
^•|jO^i960, 4, Subsection 4 of section 145 of The Corporations Act is
Bub8.'4' ' amended by striking out "$5" in the fourth line and in the
amended . , ,. , . t . ,. , , . , . tiet>4it
Sixth line and inserting in lieu thereof in each instance $1 .
c^fi^B^isi' ^' Subsection 13 of section 151 of The Corporations Act is
subs' 13, ' amended bv inserting after "fire" in the eighth line "property
amended , . - , r • ». i ^i i_ ^•
damage insurance, thett insurance or , so that the subsection
shall read as follows:
Powers
R.S.O. 1960,
o. 190
(13) The powers of a mutual fire insurance corporation
without guarantee capital stock shall be limited to
undertaking contracts of fire insurance upon agri-
cultural property, or property that is not mercantile
or manufacturing or hazardous, on the premium note
plan in accordance with The Insurance Act, but may
be extended by supplementary letters patent to
include, in the case of property that it insures
against fire, property damage insurance, theft in-
surance or any class or classes of insurance set out
in section 27 of The Insurance Act, but, if such
powers are extended to include weather insurance,
139
all liability for loss in excess of $100 on any risk
covered by weather insurance shall be re-insured
with a licensed weather insurance company.
6.— (1) Clause h of subsection 2 of section 208 of The Cor- RSX)^ i960.
Porations Act is repealed and the following substituted subs.' 2.' ci. a,
• m ro*©ii£ici©ci
therefor:
(h) the bonds, debentures or other evidences of indebted- Becured^by"
niess of a corporation that are fully secured by a"^°^*^^^®
mortgage, charge or hypothec to the insurer upon
real estate or to a trustee upon any, or upon any
combination, of the following assets,
(i) real estate,
(ii) the plant or equipment of a corporation that
is used in the transaction of its business, or
(iii) bonds, debentures or other evidences of in-
debtedness or shares, of a class authorized
by this subsection as investments, or cash
balances,
and the inclusion, as additional security under the
mortgage, charge or hypothec, of any other assets
not of a class authorized by this Act as investments
shall not render such bonds, debentures or other
evidences of indebtedness ineligible as an investment.
(2) Clause i of subsection 2 of the said section 208 is^fi^e.^los:
repealed and the following substituted therefor : re-enacted *'
{i) obligations or certificates issued by a trustee to ®^ugt^"^®"*
finance the purchase of transportation equipment ^®''*'^*^^*®*'
for a corporation incorporated in Canada or the
United States of America to be used on railways or
public highways, if the obligations or certificates are
fully secured by,
(i) an assignment of the transportation equip-
ment to, or the ownership thereof, by the
trustee, and
(ii) a lease or conditional sale thereof by the
trustee to the corporation.
(3) Subsection 2 of the said section 208 is amended ^y^;^^'s^%o%\
adding thereto the following clause: subs." 2
° ° amended
{ja) guaranteed investment certificates issued by a trust fjj'^^lj.^l®"^
company incorporated in Canada that, at the date certificates
of the investment by the insurer therein, complied
with the requirements described in subclause i of
clause j in respect of the payment of dividends.
139
(4) Clause o of subsection 2 of the said section 208 is re-
R.S.O. I960,
o. 71, 8. 208,
subs. 2, ci. o. pealed and the following substituted therefor:
re-enacted ^ °
real estate
for the
production
of income
(o) real estate or leaseholds for the production of income
in Canada or elsewhere where the insurer is carrying
on business, either alone or jointly with any other
insurer or with any loan company or trust company
incorporated in Canada, if,
(i) a lease of the real estate or leasehold is made
to, or guaranteed by, a corporation that, at
the date of the investment by the insurer
therein, complied with the requirements
described in subclause i of clause j in respect
of the payment of dividends,
(ii) the lease provides for a net revenue sufficient
to yield a reasonable interest return during
the period of the lease and to repay at least
85 per cent of the amount invested by the
insurer in the real estate or leasehold within
the period of the lease but not exceeding
thirty years from the date of investment, and
(iii) the total investment of an insurer in any one
parcel of real estate or in any one leasehold
does not exceed 1 per cent of the book value
of the total assets of the insurer,
and the insurer may hold, maintain, improve, lease,
sell or otherwise deal with or dispose of the real
estate or leasehold.
^•S^Ogi960, (5) Subsection 3 of the said section 208 is amended by
subs." 3, ' inserting after "reorganization" in the second and third lines
"or liquidation", so that the subsection shall read as follows:
Securities
received on
reorganiza-
tion, liquida-
tion or
amalgama-
tion
(3) Where an insurer owns securities of a corporation
and where as a result of a bona fide arrangement for
the reorganization or liquidation of the corporation
or for the amalgamation of the corporation with
another corporation such securities are to be ex-
changed for bonds, debentures or other evidences of
indebtedness or shares not eligible as investments
under subsection 2, the insurer may accept such
bonds, debentures or other evidences of indebtedness
or shares, but they shall be allowed as an asset of
the insurer in the annual report prepared by the
Superintendent for the Minister only for a period
of five years after their acceptance, or such further
period as the Lieutenant Governor in Council deter-
mines, unless it is shown to the satisfaction of the
Lieutenant Governor in Council that such bonds.
139
debentures or other evidences of indebtedness or
shares are not inferior in status or value to the
securities for which they have been substituted or
unless they become eligible as investments under
subsection 2.
(6) Paragraph 3 of subsection 4 of the said section 208 is^Vi, 8.^208!
amended by striking out "3" in the fifth line and inserting in^'^r^^'*'
lieu thereof "5". amended
(7) Subsection 8 of the said section 208 is amended by^s^o^i^go.
striking out "5" in the fourth line and inserting in lieu thereof subs.' 8,
< ( 4 /\i > amenaea
7. Section 223 of The Corporations Act is amended byR|jO^i9|0'
striking out "$1,000" in the sixth line and inserting in Heu amended
thereof "$500".
8. The Corporations Act is amended by adding thereto the^^fi^' ^^^^'
following section: amended
224a. Notwithstanding anything in the letters patent JjPjJYersion
incorporating the company or in its by-laws, or in stock life
, . K . . ,\..-'. ■' companies
this Act, a jomt stock lite insurance company may, into mutual
with the permission of the minister charged with the
administration of The Insurance Act, establish and R'-^-O- 1960,
c. lyu
implement a plan for the conversion of the company
into a mutual company by the purchase of shares
of the capital stock of the company in accordance
with the Schedule to this Act.
9. The Corporations Act is amended by adding thereto the^fi^' ^^^ '
following schedule: ainen'ded
SCHEDULE
CONVERSION OF JOINT STOCK LIFE COMPANIES
INTO MUTUAL COMPANIES
\. The terms and provisions of any plan referred to in section 224a Details of
of The Corporations Act shall be set forth in detail in a by-law made by the p'?'"q*j.^jj'^®
directors and confirmed at a special general meeting of the company duly in by-law
called for the purpose of considering the by-law, and there shall be recorded r.s.O. 1960,
in the minutes of the meeting the number of votes for and the number of c. 71
votes against confirmation of the by-law, the votes of shareholders and the
votes of policyholders being recorded separately.
2. No such by-law becomes effective until sanctioned by the Sanction of
Lieutenant Governor in Council, and in no case shall any such by-law be Lleu^rnant
sanctioned unless the Lieutenant Governor in Council is satisfied that, Governor in
Council
(c) the conversion of the company into a mutual company may
reasonably be expected to be achieved under the terms of the
by-law and in accordance with this paragraph;
139
(b) the paid-up capital of the company has ceased to be an important
factor in safeguarding the interests of the policyholders of the
company, having regard to the quality and amount of the assets
of the company, the surplus of the company relative to its
liabilities, the nature of the business carried on by the company
and any other considerations deemed by the Lieutenant Governor
in Council to be relevant;
(c) the majority of the votes cast by shareholders and the majority
of the votes cast by policyholders at the special general meeting
referred to in paragraph 1, whether in person or by proxy, were
in favour of confirmation of the by-law;
(d) the company holds offers from shareholders, in such terms as to
preclude the withdrawal thereof prior to notice by the company
in accordance with paragraph 13, to sell to the company, at a
price fixed by the directors, not less than 25 per cent of all issued
and outstanding shares of the capital stock of the company
immediately upon the sanction of the by-law by the Lieutenant
Governor in Council, or not less than 50 per cent of all issued
and outstanding shares of the capital stock of the company
within such period, commencing immediately upon the sanction
of the by-law by the Lieutenant Governor in Council, as is
specified in the by-law;
(c) the amount required to purchase 25 per cent of the issued and
outstanding shares of the capital stock of the company at the
price fixed by the directors for the purposes of clause d does not
exceed the maximum amount, determined in accordance with
paragraph 9, that may be applied by the company, immediately
upon the sanction of the by-law by the Lieutenant Governor in
Council, in payment for shares purchased under the terms of the
by-law; and
(/) the price fixed by the directors for the purposes of clause d is fair
and reasonable in the circumstances.
Prices to
be paid for
shares
purchased
under
by-law
3. Upon the sanction of the by-law by the Lieutenant Governor in
Council, the price fixed for the purposes of clause d of paragraph 2 shall
continue to be the price that may be paid for shares purchased under the
terms of the by-law until such price is changed by the directors in accord-
ance with paragraph 4.
Change in
price, when
effective
4. The directors may from time to time change the price to be paid
for shares purchased under the terms of the by-law, but no such change
becomes effective until approved by the Minister on the report of the
Superintendent.
Period for
which price
to remain
in effect
Payment
Date for
commence-
ment of
purchase of
shares
5. The price fixed for the purposes of clause d of paragraph 2 and any
subsequent change in price approved in accordance with paragraph 4
shall remain in effect for a period of not less than six months from the
date of sanction of the by-law or the date of approval by the Minister, as
the case may be.
6. All shares purchased under the terms of the by-law shall be paid
for by the company in full at the time of the purchase thereof, but nothing
in this paragraph shall be construed as prohibiting the company from
applying, in payment for any shares so purchased, the full amount of the
purchase price thereof by promissory note, payable at a fixed or deter-
minable future time not later than ten years from the date of the making
thereof and bearing a rate of interest fixed by the directors and approved
by the Minister on the report of the Superintendent.
7. The by-law shall fix a day for the commencement of purchase of
shares under the terms of the by-law, which day shall be not sooner than
the day following the day the by-law is sanctioned by the Lieutenant
Governor in Council.
139
8. Subject to paragraph 9, the company shall purchase all shares Purchase of
offered for sale under the terms of the by-law on the day or days fixed by i^g^ed for
the terms of the ofTer in each case for the sale of those shares and at the gaie
price in effect on the day the offer was received or the day fixed by the
by-law for the purposes of paragraph 7, whichever is the later, except
that no such purchase shall be made prior to the day so fixed by the
by-law.
9. Notwithstanding anything in this Schedule, the maximum amount Limitation
that may be applied by the company at any particular time in payment
for shares purchased under the terms of the by-law is the amount by which,
(a) the aggregate of the surplus and general or contingency reserves
of the company, after deducting the excess of the book value over
the par value of any shares purchased under the terms of the
by-law on or before the date as of which the condition and affairs
of the company are required to be shown in the most recent
annual statement as required by The Corporations Act, R.S.O. i960,
o. 71
exceeds the aggregate of,
(b) 6 per cent of the total assets of the company, or such lesser
percentage of the total assets of the company as may be approved
by the Lieutenant Governor in Council, upon application by the
company, as safe and reasonable in the circumstances having
regard to the bases and methods used in the computation of the
policy reserves of the company, the quality of its assets, the
nature of the business transacted by the company, the earnings
of the company and any other matters deemed by the Lieutenant
Governor in Council to be relevant thereto; and
(c) the total amount applied by the company before that particular
time in payment for any shares purchased under the terms of
the by-law after the date referred to in clause a.
10. For the purposes of paragraph 9, the assets, surplus and general Idem
or contingency reserves of the company and the book value of any shares
purchased under the terms of the by-law shall be taken as shown in the
annual statement referred to in clause a of paragraph 9.
11. Where, by reason of paragraph 9, the company may, at any Number of
particular time, purchase some but not all of the shares in respect of which stares to be
offers for sale at that time have been received, the amount that may be from each
applied by the company at that time in payment for shares purchased shareholder
under the terms of the by-law shall be applied by the company by appor- offering
tionment among all of the shares so offered for sale at that time, or any^ ^^^^
of them, in such manner as is specified in the by-law.
12. The company shall cause a register to be kept in which shall be Register to
recorded the offers for sale of shares under the terms of the by-law in^® kept
the order in which such offers are received by the company, showing, in
respect of each such offer,
(c) the date of receipt by the company of the offer;
(b) the name and address of the shareholder making the offer;
(c) the number of shares so offered by the shareholder making the
/ offer and the day or days fixed by the terms of the offer for the
! sale of those shares;
(d) the price at which each of the shares so offered may be purchased;
(«) the date of purchase, if any, of each of the shares so offered and
the number of shares purchased; and
(/) the date of withdrawal, if any, of the offer and the number of
shares affected thereby.
139
8
Notice to 13. Where, by reason of paragraph 9, the company is required to
shareholders discontinue the purchase of shares under the terms of the by-law, the
tinuatk)n'of company shall give notice of such discontinuation to each shareholder on
purchases the register whose offer for the sale of shares has not been fully taken up
by the company, but any such offer as regards shares not so purchased
shall continue to be effective and shall maintain its place on the register
until withdrawn by the shareholder by notice in writing to the company.
Shares 14. Where the company has purchased any shares of the capital
generaf ^ stock of the company under the terms of the by-law,
(a) the number of policyholders' directors of the company shall at
all times thereafter be not less than,
(i) one-third of the total number of directors, or
(ii) that proportion of the total number of directors, as nearly
as may be, that the total number of shares purchased under
the terms of the by-law is of the total number of shares
outstanding immediately prior to the sanction of the by-
law by the Lieutenant Governor in Council,
whichever is the greater, except that nothing in this clause shall
be held to require an increase in the number of policyholders'
directors except as vacancies occur among the shareholders'
directors ;
(b) the company shall not thereafter sell any of the shares so pur-
chased, issue any new capital stock or make any calls on shares
of the capital stock subscribed;
(c) any dividends thereafter payable to shareholders shall be at a
rate not less than the average rate paid in the three years
immediately preceding the sanction of the by-law by the
Lieutenant Governor in Council, unless the company establishes
to the satisfaction of the Minister that a reduction therein is
justified by reason of the earnings and general financial condition
of the company; and
(d) shares purchased under the terms of the by-law rank equally
with other shares in the declaration of dividends to shareholders,
but any dividends that may be payable in respect of shares so
purchased shall be paid by transfer of the applicable amount
from the shareholders' account to the insurance funds of the
company.
Idem 15. In respect of each share purchased under the terrns of the by-
law, until the capital stock of the company has been cancelled in accordance
with paragraph 20,
(a) the company may include in its assets shown in the annual state-
R.S.O. 1960, ment required by The Corporations Act an amount not exceeding
^'^ '^^ the purchase price of the share, minus one-fifth of the excess of
the purchase price over the par value thereof for each complete
year that has elapsed since the date of purchase of the share;
and
(b) the policyholders' directors shall have additional voting rights
corresponding to the voting rights that might have been exercised
by the holder of the share if he had not sold it, and, unless the
by-law otherwise provides, such additional voting rights shall
be divided as nearly as may be equally among the policyholders'
directors, and the remainder, if any, shall be exercised by such
one of the policyholders' directors as is designated for the purpose
by resolution of all of the directors.
Notice where .
90 per cent 16. At such time as the company first acquires 90 per cent or more
or more of of the shares of its capital stock, it shall notify the Minister and each of
acquired by the remaining shareholders of the company to that effect, and, for the
company
139
purposes of this paragraph, notice to any shareholder shall be deemed to
have been given by the company if the company has forwarded to him
by registered mail, at his address shown in the book or books in which
the names of the shareholders of the company are recorded, the notice
required by this paragraph.
17. The notice required by paragraph 16 to be given to each of the Contents of
remaining shareholders of the company shall request each such share- ^lot'c®
holder to offer his shares for sale forthwith to the company, and shall
state therein the substance of paragraph 18.
18. All shares of a shareholder remaining outstanding at the expira- Acquisition
tion of six months from the date of the notice required by paragraph 16, scares ^^y*"^*^
or at the expiration of such further period as may be required by reason of company
paragraph 9, shall, upon tender by the company to the shareholder of an
amount equal to the price in effect,
(a) in the case of shares in respect of which any offer for sale was
received by the company prior to the date of the notice, on the
day the offer was received; or
(b) in the case of any other shares, on the date of the notice,
be deemed to have been purchased by the company, and, for the purposes
of this paragraph, tender shall be deemed to have been made to a share-
holder by the company if made to him in person or by registered mail
forwarded to him at his address shown in the book or books referred to
in paragraph 16.
19. Where tender of an amount in accordance with paragraph ^^f^^Q^^
has been made and the amount so tendered has not been accepted, the to be
amount so tendered shall be retained by the company for payment to the retained for
person entitled thereto, and until so paid shall be shown on the books of payment
the company as a liability.
20. Where the company has purchased or is deemed by paragraph 18 ^^^ cancel-
to have purchased all of the shares of the capital stock of the company lation of
and the shares have been written down in the books of the company to capital stock
their par value, the capital stock of the company shall thereupon be
retired and cancelled by resolution of the board of directors, and the
company shall then become a mutual company without capital stock,
having for its members the participating policyholders and such other
policyholders, if any, as may be authorized by by-law, and the directors
shall take all necessary steps to reorganize the affairs of the company
accordingly.
21. No change in any by-law of a company described in paragraph 1 No change
shall be made after the sanction of the by-law by the Lieutenant Governor except ^th
in Council, except by a subsequent by-law of the company made by the sanction of
directors and confirmed at a special general meeting of the company duly Lieutenant
called for that purpose, and no such subsequent by-law becomes effective j^ Council
until sanctioned by the Lieutenant Governor in Council.
22. In this Schedule, "Minister" means the member of the Executive tatilm'^
Council charged for the time being by the Lieutenant Governor in Council
with the administration of The Insurance Act, and "Superintendent" ^'foQ' i960,
means the Superintendent of Insurance.
; 10. This Act comes into force on the day it receives Royal ment"^'^''^"
! Assent.
11. This Act may be cited as The Corporations Amendment ^^"""^ *'*"®
Act, 1962-63.
139
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BILL 140
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Vital Statistics Act
Mr. Yaremko
TORONTO
Printed and Pubi.ishi;d hy Frank Foc.c;, Qi i;i:n's I'kinter
Explanatory Notes
Section 1 — Subsection 1. Complementary to subsection 2.
Subsection 2. These new provisions will permit the registration of
the birth of a child born in the circumstances set out without the necessity
of obtaining a court order.
140
I
BILL 140 1962-63
An Act to amend The Vital Statistics Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Subsection 4 of section 6 of The Vital Statistics Act, ^'fig; g.^gf'
as re-enacted by section 1 of The Vital Statistics Amendment ^.^^^q^^^
Act, 1960-61, is amended bv striking out "subsection 4a" inc. 102 s'l).
the first line and inserting in lieu thereof "subsections 4a and'
4c", so that the subsection shall read as follows:
(4) Except as provided in subsections 4a and Ac, the ^Jm*?/*^
birth of a child of a married woman shall be registered married
showing the surname of the husband as the surname
of the child, and the particulars of the husband shall
be given as those of the father of the child.
(2) The said section 6, as amended by section 1 of The^-\-^'\^^'
Vital Statistics Amendment Act, 1960-61, is further amended ^"^^'^^^'^
by adding thereto the following subsections:
(4c) Where a married woman to whom a child is born alternative
files with the division registrar a statutory declaration Pf^^g^tai'n
in the prescribed form, cases
(a) that when the child was conceived she was
living separate and apart from her husband;
ib) that her husband is not the father of the child;
(c) that she is commonly known under the sur-
name of the father of the child; and
{d) that she was living separate and apart from
her husband for at least one year before the
birth of the child,
no particulars of the father shall be given in the
statement mentioned in subsection 1, unless the
mother and a person who acknowledges himself to
140
be the father of the child both so request in writing
in the prescribed form, in which case the particulars
of the person so acknowledging may be given as the
particulars of the father, or the birth may be regis-
tered showing the surname of the person so
acknowledging as the surname of the child, or both.
(4d) If the request referred to in subsection 4c is made
after the registration of the birth, the Registrar
General shall amend the registration in accordance
with the request.
^■fig.'s.^is; 2. Section 23 of The Vital Statistics Act is repealed,
repealed
Commence- 3. This Act comes into force on the day it receives Roval
ment .
Assent.
Amendment
of
registration
Short title
4. This Act may be cited as The Vital Statistics Amendment
Act, 1962-63.
140
Section 2. Section 23, which requires a cemetery owner to make
monthly returns to the Registrar General of burials during the previous
month, no longer serves any useful purpose. It is therefore repealed.
140
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BILL 140
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Vital Statistics Act
Mr. Yaremko
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 140 1962-63
An Act to amend The Vital Statistics Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1.— (1) Subsection 4 of section 6 of The Vital Statistics Act, ^-^O- 1960.
c. 419, s. 6.
as re-enacted by section 1 of The Vital Statistics Amendment ^^^^^-^f^^
Act, 1960-61, is amended by striking out "subsection 4a" inc. 102 s'l)
the first line and inserting in lieu thereof "subsections 4a and
4c", so that the subsection shall read as follows
amended
(4) Except as provided in subsections 4a and 4tc, th^^^^i^^^
birth of a child of a married woman shall be registered married
° woman
showing the surname of the husband as the surname
of the child, and the particulars of the husband shall
be given as those of the father of the child.
(2) The said section 6, as amended by section 1 of The^f-^-^^^'
Vital Statistics Amendment Act, 1960-61, is further amended ^'^en^ed
by adding thereto the following subsections:
(4c) Where a married woman to whom a child is born ^j'^^*|J|^j^g
files with the division registrar a statutory declaration procedure
-, , c ''^ certain
m the prescribed form, cases
(a) that when the child was conceived she was
living separate and apart from her husband;
{b) that her husband is not the father of the child ;
(c) that she is commonly known under the sur-
name of the father of the child; and
{d) that she was living separate and apart from
her husband for at least one year before the
birth of the child,
no particulars of the father shall be given in the
statement mentioned in subsection 1, unless the
mother and a person who acknowledges himself to
140
be the father of the child both so request in writing
in the prescribed form, in which case the particulars
of the person so acknowledging may be given as the
particulars of the father, or the birth may be regis-
tered showing the surname of the person so
acknowledging as the surname of the child, or both.
Amendment
of
registration
R.S.O. 1960,
c. 419, s. 23,
repealed
Commence-
ment
(4d) If the request referred to in subsection 4c is made
after the registration of the birth, the Registrar
General shall amend the registration in accordance
with the request.
2. Section 23 of The Vital Statistics Act is repealed.
3. This Act comes into force on the day it receives Royal
Assent.
Short title
4. This Act may be cited as The Vital Statistics Amendment
Act, 1962-63.
140
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n
BILL 141
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Corporations Tax Act
Mr. Allan (Haldimand-Norfolk)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1 — Subsection 1. The re-enactment of subsection 35 of
section 4 of The Corporations Tax Act widens the basis for the measurement
of the deduction from the tax otherwise payable under this Act by cor-
porations who receive income in the form of dividends, interest, rents
and royalties from jurisdictions outside Canada so that such corporations
will be allowed to deduct any portion of a foreign tax credit they are not
entitled to deduct under the Income Tax Act (Canada) by reason of the
provincial tax credit being allowed under that Act.
141
BILL 141 1962-63
n Act to amend The Corporations Tax Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1,— (1) Subsection 35 of section 4 of The Corporations Tax^-so. i960.
Act is repealed and the following substituted therefor: aubs.'as. '
re-enacted
(35) Where a corporation has a permanent establishment F^o^^ejKJ^j^^
in Ontario and has received income in the fiscal year
in the form of dividends, interest, rents or royalties
that was derived from sources within a jurisdiction
outside Canada, hereinafter in this subsection re-
ferred to as "foreign investment income", or where
a corporation having received foreign investment
income in the fiscal year from sources within a
jurisdiction outside Canada also received income in
the fiscal year from a business carried on by it in
that jurisdiction, hereinafter in this subsection re-
ferred to as "foreign business income", and where,
for the purposes of subsection la of section 41 of the
Income Tax Act (Canada), such foreign investment RS.o. 1952,
income has not been included as part of such foreign
business income, and, for the purposes of subsec-
tions 5, 17, 18, 20, 22, 23 and 33, or such of those
subsections as are applicable, has been excluded
when calculating its gross revenue, or any part
thereof, and where the corporation is entitled to a
deduction under section 41 of the Income Tax Act
(Canada), hereinafter in this subsection referred to
as "foreign tax credit", with respect to any income
or profits tax paid to such jurisdiction on such foreign
investment income or on such foreign investment
income and foreign business income, the corporation
may deduct from the tax otherwise payable under
this section an amount equal to the lesser of,
(a) 9 per cent of that part of such foreign invest-
ment income that is included in that portion
141
of taxable income that remains after deducting
from such taxable income the portions thereof
deemed to have been earned in jurisdictions
other than Ontario measured in accordance
with subsections 5 to 34; or
(b) the proportion of the deficiency between the
foreign tax credit that would be allowed if
no provincial tax abatement under section 40
^'lis' ^^^^' of the Income Tax Act (Canada) were appli-
cable and the foreign tax credit that is allowed
when the provincial tax abatement provided
by section 40 of the Income Tax Act (Canada)
has been applied which,
(i) the amount of that portion of its tax-
able income for the fiscal year that is
deemed to have been earned in Ontario
measured in accordance with subsec-
tion 2 of section 40 of the Income Tax
Act (Canada),
bears to,
(ii) the total amount of the portions of its
taxable income for the fiscal year that
are deemed to have been earned in the
provinces of Canada measured in ac-
cordance with subsection 2 of section 40
of the Income Tax Act (Canada).
^1^0^1960. (2) Subsection 36 of the said section 4, as amended by
subs.' 36, ' section 1 of The Corporations Tax Amendment Act, 1960-61,
repealed . , ,
IS repealed.
c!^'73?s.^4f°' (3) The said section 4 is amended by adding thereto the
amended following SUbsCCtions:
tajf credit (^^) There may be deducted from the tax otherwise
payable for a fiscal year by a corporation an amount
equal to one-third of the tax payable by the cor-
R.s^o. I960, poration for the same fiscal year under The Logging
Tax Act.
tatkm"^^ (36a) In subsection 36, "tax otherwise payable" means the
tax for the fiscal year otherwise payable by the
corporation under this section after making any
deduction applicable under subsection 2.
141
Subsection 2. Subsection 36 of section 4, which is repealed, provided
special provisions for the allocation of the taxes on income payable by
corporations in Quebec and Ontario because the allocation provisions of
the Quebec Act differed from those of Ontario and all other provinces.
The subsection is no longer required because Quebec amended its allocation
provisions effective for fiscal years of corporations that ended in 1961
to agree with those of Ontario and all other provinces.
Subsection 3. This subsection provides a tax credit against the tax
otherwise payable under this Act by a logging company of one-third of
the tax payable by that company under The Logging Tax Act. This com-
plements the tax credit of two-thirds of such logging tax now being allowed
as a tax credit to that corporation under the Income Tax Act (Canada).
141
Section 2. The new clause j provides that under certain conditions
amounts received in consideration of the disposition of oil or gas production
rights or exploration rights shall be included in income. This amendment
is consequential upon the amendment provided by section 8 of this Bill.
Section 3 — Subsection 1. Clause / is amended by adding the words
"or by section 47c" which permits the deduction in computing income of
an additional 50 per cent of certain amounts expended on scientific
research. This is consequential upon the amendment provided by section 7
of this Bill.
Subsection 2. This amendment deletes a reference to logging opera-
tions. This is consequential upon the amendment provided by subsection 3
of section 1 of this Bill which introduces a tax credit for logging taxes
payable to Ontario.
Section 4. This amendment, which adds the words "property leased
to a subsidiary-controlled corporation subsidiary to it or" to the former
subsection, broadens the conditions under which a holding company may
deduct certain expenses to cover the situation where part of the assets of
the holding company consists of property that is leased to its subsidiary-
controlled corporation.
Section 5. This amendment brings into The Corporations Tax Act
a section, which has been effective in the Income Tax Act (Canada) from
its commencement, allowing a deduction from a corporation's income of
that portion of the dividend received from a non-resident corporation that
the income, subject to tax under subsection 2 of section 2 of the Income Tax
Act (Canada), bears to the total income of the non-resident corporation.
141
2. Section 17 of The Corporations Tax Act, as amended by ^Ig^g^^l^o,
section 5 of The Corporations Tax Amendment Act, 1961-62,^T^QT^^f>^
is further amended by striking out "and" at the end of clause h
in the amendment of 1961-62, by adding "and" at the end of
clause i in the amendment of 1961-62, and by adding thereto
the following clause:
(j) amounts received by the corporation in the fiscal ^rom®®'^^
year in consideration for the disposition of a right, of^^°hts*''^
licence or privilege to explore for, drill for or take etc.
petroleum or natural gas in Canada, as provided by
subsection 46 or 4c of section 57.
3.— (1) Clause / of subsection 1 of section 22 of The Corpora- ^fa^a.^H^'
tions Tax Act is repealed and the following substituted there- ^^^^^^g^^'^J^j- '•
for:
(/) such amount in respect of expenditures on scientific ^°^|^*ij|^°
research as is permitted by section 47 or by sec-
tion 47a.
(2) Clause p of subsection 1 of the said section 22 is repealed R.s.o. i960,
and the following substituted therefor: euba.'i,' ci.'i>.
re-enacted
(p) such amount in respect of taxes on income for the mining
fiscal year from mining operations as is permitted
by the regulations.
4. Subsection 4 of section 23 of The Corporations Tax Act f'^^-^^ 23^'
is repealed and the following substituted therefor: re-enatted
(4) Clause c of subsection 1 does not apply in respect Application
<• a 1*11 ^ ^^ OB. 1 ,
ot an outlay or expense made or mcurred by a cor- ci. c
poration, at a time when more than 50 per cent of its
property consisted of property leased to a subsidiary-
controlled corporation subsidiary to it or shares in
the capital stock of, bonds, debentures, mortgages
or hypothecs of or bills or notes of a subsidiary-
controlled corporation subsidiary to it, for the pur-
pose of gaining or producing income in the form of
dividends from any such corporation or in connection
with property in the form of shares in the capital
stock thereof.
5. Section 40 of The Corporations Tax Act is amended by^^g^g^l^^-
adding thereto the following subsection: amended
(la) Where a corporation in a fiscal year received a idem
dividend from a non-resident corporation that is
taxable under subsection 2 of section 2 of the [ncomeB..s.c. 1952,
Tax Act (Canada) for that year, the corporation'^'
141
shall deduct from its income for the same fiscal year
the same amount in respect of such dividend as the
corporation was allowed to deduct under subsection
10 of section 28 of the Income Tax Act (Canada).
?f3^8^47°' ^* — (1) Clause a of subsection 1 of section 47 of The Cor-
s^he. 1, o\.' a, pQ^dllons Tax Act, as amended by subsection 1 of section 16
amended '^ -^ . . . <r>^, >-->•/• i
of The Corporations Tax Amendment Act, 1961-62, is further
amended by striking out "and" at the end of subclause iv
in the amendment of 1961-62 and by adding thereto the
following subclause:
(v) by payments to a corporation resident in Canada
for scientific research related to the business of the
corporation; and
R.s.o. I960, (2) Clause b of subsection 1 of the said section 47, as amended
c T3 S 47
Bubs.' 1,' ci.'b, by subsection 2 of section 16 of The Corporations Tax Amend-
ment Act, 1961-62, is further amended by striking out "the
lesser of" in the first line and inserting in lieu thereof "such
amount as may be claimed by the corporation not exceeding
the lesser of", so that the clause, exclusive of the subclauses,
shall read as follows:
(6) such amount as may be claimed by the corporation
not exceeding the lesser of,
c^fs^s.^t??* i^) Subsection 2, as re-enacted by subsection 3 of section 16
(i96ii2 ' °^ -^^^ Corporations Tax Amendment Act, 1961-62, and sub-
c. 23, s. 16, section 3 of the said section 47 are repealed and the following
subs. 3), 3, , . , , - ^
re-enacted substituted thereior:
t?on®of ''^^' (2) The determination of whether any particular activity
constitutes Constitutes scientific research will be the same as
Bcientiflc the determination of the Minister of National
Revenue under subsection 2 of section 72 of the
R.s^c. 1952. Income Tax Act (Canada).
Exception ^2) No deduction may be made under this section or
section 47a in respect of an expenditure made to
acquire rights in, or arising out of, scientific research
or in respect of an amount deducted from income
under section 39 in respect of a gift to a charitable
organization.
141
Section 6 — Subsection 1. The new subclause enacted by this sub-
section provides that deductible expenditures of a current nature in
respect of scientific research shall include payments to a corporation
resident in Canada to be used for scientific research related to the business
of the corporation taxable under this Act.
Subsection 2. This amendment makes clear that the amount of
capital expenditure on scientific research that may be deducted in a year
may be any amount at the option of the taxpayer not in excess of the
stated limits.
Subsection 3. The re-enacted subsection 2 requires the corporation
to accept the same determination as to whether any particular activity
constitutes scientific research as the determination made by the Minister
of National Revenue under subsection 2 of section 72 of the Income Tax
Act (Canada). The new subsection 3 is the same as the old subsection 3
except that it is extended to the new subsection 47a of this Act.
141
Subsection 4. This amendment adds "and in section 47a" in ordee
that the definitions contained in section 47 shall also apply to the new-
section 47a.
Subsection 5. This amendment repeals the present definition o
scientific research and provides for a definition by regulation. It also
makes more restrictive the reference to expenditures on scientific research.
Section 7. The new section 47a provides for the deduction by a
corporation of an additional 50 per cent of its increased expenditure on
scientific research.
141
(4) Subsection 4 of the said section 47 is amended by in-^fg^g^^l^^'
setting after "section" in the first line "and in section 47a",|^|^4^^
so that the subsection, exclusive of the clauses, shall read as
follows :
(4) In this section and in section 47a, tathm"*
(5) Clauses b and c of subsection 4 of the said section 47 ^-^g^g^^I^^'
are repealed and the following substituted therefor: ^^^% *'
re-enaoted
(6) "scientific research" has the meaning given to that
expression by regulation;
(c) references to expenditures on scientific research
include only expenditures incurred for and wholly
attributable to the prosecution, or the provision of
facilities for the prosecution, of scientific research in
Canada.
7. The Corporations Tax Act is amended by adding thereto ^-^g^- ^^*®'
the following section: amended
47(1. — (1) In addition to the deductions allowed for the ^e^duct??*^
fiscal year by section 47, a corporation, other than a corpora- ^^^Q^°r^®^*^*^°
tion referred to in subsection 2, that carried on business
in Canada and made expenditures in respect of scientific
research in a fiscal year may deduct, in computing its income
for the fiscal year, 50 per cent of the amount by which,
(a) the aggregate of,
(i) all expenditures of a current nature made in
Canada in the fiscal year, as described in sub-
clauses i to V of clause a of subsection 1 of
section 47, on scientific research, and
(ii) all expenditures of a capital nature made in
Canada, by acquiring property other than
land, in the fiscal year on scientific research,
exceeds,
(6) the aggregate of,
(i) the base scientific expenditure of the cor-
poration, and
141
(ii) any amount paid to the corporation in the
fiscal year in respect of scientific research
undertaken by the corporation,
(A) by Her Majesty in right of Canada or
a province,
(B) by a person resident in Canada, or
(C) by a person not resident in Canada if
such person is entitled, in respect of the
payment, to a deduction in computing
his income by virtue of subclause v
of clause a of subsection 1 of section 47.
by 0880-°"^ (2) In addition to the deductions allowed for the fiscal
ciated year by section 47, a corporation that carried on business in
corporation >, , , , ,. . ^ . .- ,
Canada and made expenditures m respect of scientific research
in a fiscal year and that was associated with one or more
corporations in the fiscal year or in the last fiscal year of the
corporation that ended before the 11th day of April, 1962,
may deduct, in computing its income for the fiscal year, an
amount determined by the following rules:
1. Determine the amount, if any, by which,
(a) the aggregate of the expenditures described
in subclauses i and ii of clause a of subsec-
tion 1 made in the fiscal year by the corpora-
tion,
exceeds,
(b) the aggregate of the base scientific expenditure
of the corporation and any amount paid to
the corporation in the fiscal year as described
in subclause ii of clause b of subsection 1 ;
2. Determine the amount, if any, by which,
(a) the aggregate of all expenditures described in
subclauses i and ii of clause a of subsection 1,
(i) made by the corporation in the fiscal
year, or
(ii) made by each corporation associated
with the corporation in the fiscal year,
in the associated corporation's fiscal
year that ended in the same calendar
year as the fiscal year referred to in
subclause i,
141
Subsection 2 of the new section 47a provides the rules by which the
amount that may be deducted by associated companies on account of
increased expenditures on scientific research is to be calculated.
141
exceeds,
(b) the aggregate of,
(i) the base scientific expenditures of the
corporation and of each corporation
associated with the corporation in the
fiscal year,
(ii) the base scientific expenditures of each
corporation,
(A) that was associated with the
corporation in the last fiscal
year of the corporation that
ended before the 11th day of
April, 1962,
(B) that was not associated with the
corporation in the fiscal year,
and
(C) in respect of which substantially
all the business that was carried
on by such corporation in
Canada in its last fiscal year
that ended before the 11th day
of April, 1962, was acquired in
any manner whatsoever by the
corporation or one or more cor-
porations associated with the
corporation in the fiscal year,
and
(iii) all amounts described in subclause ii
of clause b of subsection 1,
(A) paid to the corporation in the
fiscal year, or
(B) paid to each corporation asso-
ciated with the corporation in
the fiscal year, in the associated
corporation's fiscal year that
ended in the same calendar year
as the year referred to in para-
graph A;
3. Ascertain the aggregate of,
(a) the amount calculated under paragraph 1;
and
141
8
(b) the amount calculated pursuant to para-
graph 1 for each corporation that is associated
with the corporation in the fiscal year; and
■ 4. Determine the amount equal to 50 per cent of that
portion of the amount determined under paragraph 2
that,
(a) the amount determined under paragraph 1,
is of,
(b) the aggregate ascertained under paragraph 3,
and the amount determined under paragraph 4 is the amount
that may be deducted in computing the income for the fiscal
year of the corporation.
fcTentiflc ^^^ ^^^ ^^^ purposes of subsections 1 and 2, the base
expenditure scientific expenditure of a corporation is the aggregate of all
deflned ,■ r r •. i , i_
expenditures of a current or of a capital nature, by acquiring
property other than land, made in Canada by the corporation
in the last fiscal year of the corporation that ended before
the 11th day of April, 1962, on scientific research related to
the business of the corporation, but, where the corporation
had no fiscal year that ended before the 11th day of April,
1962, its base scientific expenditure is nil.
Disposition
of property
(4) Where property, other than land, acquired by a corpora-
tion by expenditures of a capital nature made in Canada by
the corporation on scientific research has, in a fiscal year,
been disposed of by the corporation, there shall be included in
computing the income of the corporation for the year the
lesser of,
(a) an amount equal to 50 per cent of,
(i) the proceeds of disposition of the property, or
(ii) the capital cost to the corporation of the
property,
whichever is the lesser; or
(b) an amount equal to,
(i) the aggregate of each amount deductible under
subsection 1 or 2, as the case may be, in com-
puting the income of the corporation for the
fiscal year and each previous fiscal year.
minus,
141
The new subsection 3 defines the base to be used for calculating a
corporation's increase in expenditure on scientific research.
The new subsection 4 provides rules under which the additional 50
per cent allowance may be recaptured in the event that assets acquired
for scientific research are disposed of.
141
Section 8 — Subsections 1 and 2. These amendments are con-
sequential upon the addition of a new subsection (10a of section 57)
provided by subsection 13 of this section.
Subsection 3. This amendment limits the application of the sub-
section to expenses incurred after 1952 and before April 11, 1962.
Subsection 4. This amendment is consequential upon the new sub-
section (10a of section 57) provided by subsection 13 of this section
of the Bill.
Subsection 5. The new subsection {3b) provides for the deduction
of drilling, exploration, prospecting and development expenses incurred
after April 10, 1962, by the classes of corporations therein described.
141
(ii) the aggregate of each amount included by
virtue of this subsection in computing the
income of the corporation in respect of a
previous disposition of property.
(5) For the purpose of clause h of subsection 4, the amount ^jPP^^^|^'^"
deductible under subsection 1 or 2, as the case may be, in of subs. 4
computing the income of a corporation for a fiscal year shall
not include any amount in excess of 50 per cent of the ex-
penditures of a capital nature made in Canada by the corpora-
tion, by acquiring property other than land, in the fiscal year
on scientific research.
8.— (1) Clause b of subsection 1 of section 57 of The Cor-ff^B^%f^,'
porations Tax Act is repealed and the following substituted ^^^^j^g;^'^^^- *•
therefor :
{h) of that aggregate, an amount equal to the income of
the corporation for the fiscal year,
(i) if no deduction were allowed under clause h
of subsection 2 of section 22, and
(ii) if no deduction were allowed under this sec-
tion,
minus the deductions allowed for the fiscal year by
subsections 8 and 10a of this section and by sub-
section 1 of section 40.
(2) Clause h of subsection 2 of the said section 57 is amended ^fa^s.^i?^'
by striking out "year by subsection 8" in the seventh and |^|^ 2^^°^. h,
eighth lines and inserting in lieu thereof "fiscal year by sub-
sections 8 and 10a".
(3) Clause c of subsection 3 of the said section 57 is amended ^fa^s.^l?!^'
by striking out "end of the fiscal year" in the eleventh line|^|^^^^<=>- <^-
and inserting in lieu thereof "11th day of April, 1962".
(4) Clause d of subsection 3 of the said section 57 is amended ^fa^e.^iTf '
by striking out "and 8" in the eighth line and inserting in |^|nded '' **'
lieu thereof "8 and 10a".
(5) The said section 57, as amended by section 6 of The^-^-^-^^\^^'
Corporations Tax Amendment Act, 1960-61 and section 19 amended
of The Corporations Tax Amendment Act, 1961-62, is further
amended by adding thereto the following subsections:
(36) A corporation the principal business of which is, j?om"*^*^'°"
income of
(a) production, refining or marketing of petroleum, corpoi^at^on,
petroleum products or natural gas, or ex-®*^^-
ploring or drilling for petroleum or natural
gas;
141
10
(b) mining or exploring for minerals;
(c) processing mineral ores for the purpose of
recovering metals therefrom;
(d) a combination of,
(i) processing mineral ores for the purpose
of recovering metals therefrom, and
(ii) processing metals recovered from the
ores so processed ; or
(e) fabricating metals,
may deduct, in computing its income under this
Part for a fiscal year, the lesser of,
(J) the aggregate of such of,
(i) the drilling and exploration expenses,
including all general geological and geo-
physical expenses, incurred by it on or
in respect of exploring or drilling for
petroleum or natural gas in Canada,
and
(ii) the prospecting, exploration and de-
velopment expenses incurred by it in
searching for minerals in Canada, as
were incurred after the 10th day of
April, 1962, and before the end of the
fiscal year, to the extent that they were
not deductible in computing income
for a previous fiscal year; or
(g) of that aggregate, an amount equal to its
income for the fiscal year,
(i) if no deduction were allowed under
clause b of subsection 2 of section 22,
and
(ii) if no deduction were allowed under
this section,
minus the deductions allowed for the fiscal
year by subsections 1, 2, 3, 7, 8 and 10a of
this section and bv subsection 1 of section 40.
141
The new subsection (3c) provides that a joint exploration corporation
may renounce in favour of a described shareholder corporation its right
to deduct an appropriate portion of its drilling, exploration, prospecting
and development expenses incurred after the calendar year 1956 and
before April 11, 1962.
The new subsection {3d) parallels the provisions in subsection (3c)
above in resjsect of expenses incurred after April 10, 1962.
141
11
(3c) A joint exploration corporation may, in a fiscal year, exp'ioration
elect in prescribed form to renounce in favour of corporation
another corporation described in subsection 3b an renounce
, . , , f 1 f expenses
agreed portion oi the aggregate ot such or,
(a) the drilling and exploration expenses, including
all general geological and geophysical expenses,
incurred by the joint exploration corporation
on or in respect of exploring or drilling for
petroleum or natural gas in Canada; and
(b) the prospecting, exploration and development
expenses incurred by the joint exploration
corporation in searching for minerals in
Canada,
as were incurred by the joint exploration corporation,
during a period, after the calendar year 1956 and
before the 11th day of April, 1962, throughout which
the other corporation was a shareholder corporation,
to the extent that the aggregate of such expenses
exceeds any amount deductible under subsection 3
in respect thereof by the joint exploration corporation
in computing its income for any fiscal year previous
to the year in which the election w^as made, and
upon the election the said agreed portion,
(c) shall be deemed, for the purpose of sub-
section 3b, to be expenses described in clauses
a and b incurred by the other corporation in
the fiscal year of the corporation in which
the election was made; and
(d) shall be subtracted from the aggregate
described in clause c of subsection 3 in deter-
mining the amount deductible by the joint
exploration corporation under subsection 3 in
computing its income.
(3d) A joint exploration corporation may, in a fiscal year, ^**®™
elect in prescribed form to renounce in favour of
another corporation described in subsection 3b an
agreed portion of the aggregate of such of,
(a) the drilling and exploration expenses, in-
cluding all general geological and geophysical
expenses, incurred by the joint exploration
corporation on or in respect of exploring or
drilling for petroleum or natural gas in
Canada; and
141
12
(b) the prospecting, exploration and development
expenses incurred by the joint exploration
corporation in searching for minerals in
Canada,
as were incurred by the joint exploration corporation
during a period, after the 10th day of April, 1962,
and before the end of the fiscal year, throughout
which the other corporation was a shareholder cor-
poration, to the extent that the aggregate of such
expenses exceeds any amount deductible under sub-
section 3b in respect thereof by the joint exploration
corporation in computing its income for any taxation
year previous to the year in which the election was
made, and upon the election the said agreed portion,
(c) shall be deemed, for the purpose of subsec-
tion 3b, to be expenses described in clauses a
and b incurred by the other corporation in the
fiscal year of the corporation in which the
election was made; and
(d) shall be subtracted from the aggregate
described in clause / of subsection 3b in
determining the amount deductible by the
joint exploration corporation under subsec-
tion 3b in computing its income.
tatum^* (3e) For the purposes of subsections 3c and 3d,
(a) "joint exploration corporation" means a cor-
poration,
(i) whose principal business is of a class
described in clause a or & of subsec-
tion 3, and
(ii) that has not at any time since its
incorporation had more than ten share-
holders, not including any individual
holding a share for the sole purpose of
qualifying as a director;
(b) a "shareholder corporation" of a joint ex-
ploration corporation means a corporation
that for the period in respect of which the
expression is being applied,
(i) was a shareholder of the joint explora-
tion corporation,
141
The new subsection (3e) defines the various terms employed in the
new subsections 3c and id.
141
Subsection 6. The new subsection 4 of section 57 provides that a
corporation, other than a corporation the principal business of which is in
the field of oil, gas and mineral production or processing minerals or
fabricating metals as described in the new subsection 3b, may deduct
drilling, exploration, prospecting and development expenses incurred by
it after April 10, 1962. This deduction may not exceed its income from
op)erating an oil or gas well or from royalties in respect of an oil or gas
well in Canada.
4
141
>^^ M
13
(ii) was a corporation whose principal
business was of the class described in
subsection 3b, and
(iii) made payments to the joint exploration
corporation in respect of the expenses
incurred by the joint exploration cor-
poration referred to in clauses a and b
of subsection 3c or 3d, as the case may
be; and
(c) "agreed portion" in respect of a corporation
that was a shareholder corporation of a joint
exploration corporation means such amount
as may be agreed upon between the joint
exploration corporation and the other cor-
poration not exceeding,
(i) the payments referred to in subclause
iii of clause b made by the other cor-
poration to the joint exploration cor-
poration during the period it was a
shareholder corporation in respect of
the expenses incurred by the joint
exploration corporation referred to in
clauses a and b of subsection 3c or 3d,
as the case may be,
minus,
(ii) the aggregate of the amounts, if any,
previously renounced by the joint ex-
ploration corporation under subsec-
tion 3c or 3d, as the case may be, in
favour of the other corporation.
(6) Subsection 4 of the said section 57 is repealed and the^fg^-^g^lf*''
following substituted therefor: subs. 4
(4) A corporation, other than a corporation described in^®^""*^^'^
subsection 3b, may deduct, in computing its income income of
J 1-T-. r r- 1 11 r Corporation
under this i^art tor a nscal year, the lesser of,
(a) the aggregate of such of,
(i) the drilling and exploration expenses,
including all general geological and geo-
physical expenses, incurred by it on or
in respect of exploring or drilling for
petroleum or natural gas in Canada,
and
141
14
(ii) the prospecting, exploration and de-
velopment expenses incurred by it in
searching for minerals in Canada,
as were incurred after the 10th day of April,
1962, and before the end of the fiscal year, to
the extent that they were not deductible in
computing income for a previous fiscal year;
or
(b) of that aggregate, an amount equal to its
income for the fiscal year from,
(i) operating an oil or gas well in Canada
in which the corporation has an interest,
and
(ii) royalties in respect of an oil or gas
well in Canada,
if no deductions were allowed under clause b of sub-
section 2 of section 22.
Limitation
in respect
of payments
for
exploration
and
development
rights
Exploration
and
drilling
rights,
payments
deductible
Receipts for
exploration
and drilling
rights
included!
in income
(4a) In computing a deduction under subsection 1 or 2,
no amount shall be included in respect of a payment
for or in respect of a right, licence or privilege to
explore for, drill for or take petroleum or natural gas,
acquired before the 11th day of April, 1962, other
than an annual payment not exceeding $1 per acre.
(4b) Where a corporation has, after the 10th day of April
1962, acquired under an agreement or other contract
or arrangement a right, licence or privilege to explore
for, drill for or take in Canada petroleum, natural
gas or other related hydrocarbons, except coal, under
which agreement, contract or arrangement there
was not acquired any other right to, over or in
respect of the land in respect of which such right,
licence or privilege was so acquired, except the right
to enter upon, use and occupy so much of the land
as may be necessary for the purpose of exploiting
such right, licence or privilege, an amount paid in
respect of the acquisition thereof shall, for the pur-
pose of subsections 3b, 3d and 4, be deemed to be a
drilling or exploration expense on or in respect of
exploring or drilling for petroleum or natural gas in
Canada incurred at the time of such payment.
(4c) Where a right, licence or privilege to explore for,
drill for or take in Canada petroleum, natural gas
or other related hydrocarbons, except coal, is dis-
posed of by a corporation described in subsection 3b
141
The new subsection 4a is consequential upon the new subsection 46
of section 57 which follows.
The new subsection 46 provides that an amount paid for the acquisition
after April 10, 1962, of a right, licence or privilege to explore or drill for
or take petroleum or natural gas in Canada shall be deemed to be a drilling
or exploration expense and deductible as such.
The new subsection 4c provides that proceeds of disposition of a
right, licence or privilege to explore for, drill for or take petroleum or
natural gas in Canada disposed of after April 10, 1962, by the described
class of corporation must be included in income unless the right, licence
or privilege was acquired before April 11, 1962, and disposed of before
November 9, 1962.
141
The new subsection id provides that if a right, licence or privilege
to explore for, drill for or take petroleum or natural gas in Canada acquired
after April 10, 1962, by a corporation the principal business of which is
not in the field of oil, gas or mineral production or processing minerals or
fabricating metals is subsequently disposed of, the proceeds of disposition
must be taken into income for the fiscal year in which the amount was
received.
The new subsection 4« provides that proceeds of disposition of a
right, licence or privilege that was acquired with certain other rights do
not have to be included in income.
The new subsection 4/ provides that, if a corporation that acquired
a right, licence or privilege to explore for, drill for or take in Canada
petroleum, natural gas or other related hydrocarbons, except coal, under
a contract or arrangement, which confined the acquisition to those parti-
cular rights and the right of access to exploit such rights, subsequently
disposes of any interest in land that includes such a right, licence or
privilege or disposes of any interest in such a right, licence or privilege
or disposes of any interest in the production of wells situated on the
land to which such right, licence or privilege relates, the proceeds of
such disposition shall be deemed to be proceeds of disposition of the said
right, licence or privilege.
141
15
after the 10th day of April, 1962, any amount
received by the corporation as consideration for the
disposition thereof shall be included in computing
its income for its fiscal year in which the amount was
received, unless the corporation acquired such right,
licence or privilege before the 11th day of April, 1962,
and disposed of it before the 9th day of November,
1962.
(4d) Where a right, licence or privilege to explore for, i**®'"
drill for or take in Canada petroleum, natural gas or
other related hydrocarbons, except coal, that was
acquired after the 10th day of April, 1962, by a
corporation, other than a corporation described in
subsection 3b, is subsequently disposed of, any
amount received by the corporation as consideration
for the disposition thereof shall be included in com-
puting its income for the fiscal year in which the
amount was received.
(4«) Subsections 4c and 4d do not apply to any disposition ^*^®™
by a corporation of any right, licence or privilege
described in subsection 4b or 4c unless such right,
licence or privilege was acquired by the corporation
under an agreement, contract or arrangement de-
scribed in subsection 46.
(4/') For the purposes of subsections 4c and 4d, ^'*®°^
(a) where a corporation has disposed of any
interest in land that includes a right, licence
or privilege described in subsection 4b that
was acquired under an agreement, contract
or arrangement described in that subsection,
the proceeds of disposition of such interest
shall be deemed to be proceeds of disposition
of the right, licence or privilege; and
(b) where a corporation has acquired a right,
licence or privilege described in subsection 4b
under an agreement, contract or arrangement
described in that subsection and subsequently
disposes of any interest,
(i) in such right, licence or privilege, or
(ii) in the production of wells situated on
the land to which such right, licence or
privilege relates,
the proceeds of disposition of such interest
shall be deemed to be the proceeds of dis-
position of the right, licence or privilege.
141
16
R.s.o. 1960, (7) Subsection 5 of the said section 57 is amended,
subs. 6,
amended
(a) by inserting after "and" in the fourteenth line
"acquired the rights, before the 11th day of April,
1962, in respect of which the amount was so paid
and";
(b) by striking out "its" in the sixteenth line and insert-
ing in lieu thereof "the"; and
(c) by inserting after "3" in the twenty-first line "3b
or 3d" .
c^'73^b"'^57°' (8) Subclause ii of clause d of subsection 7 of the said
subs. 7, section 57 is repealed and the following substituted therefor:
subcl. ii,
rs - © n 3. c t © d
(ii) if no deduction were allowed under subsection 3b or
this subsection.
R.s.o. I960,
c. 73, 8. 57,
subs. 8,
els. c, d, da
(1961-62,
c. 23, 8. 19,
subs. 1,
cl. e).
repealed
(9) Clauses c and d, as amended by clauses c and d of sub-
section 1 of section 19 of The Corporations Tax Amendment
Act, 1961-62, and clause da, as enacted by clause e of sub-
section 1 of section 19 of The Corporations Tax Amendment
Act, 1961-62, of subsection 8 of the said section 57 are repealed.
R.s.o. I960,
c. 73, 8. 57,
subs. 8,
cl. «,
subcl. iv,
re-enacted
(10) Subclause iv of clause e of subsection 8 of the said
section 57 is repealed and the following substituted therefor:
(iv) would, but for the provisions of clause b of subsec-
tion 1, clause b of subsection 2, clause d of subsec-
tion 3, clause g of subsection 3b and clause d of sub-
section 7, or of any of those clauses or this sub-
section, have been deductible by the predecessor
corporation in computing its income for the fiscal
year in which the property so acquired was acquired
by the successor corporation ; or
R.s.o. I960,
c. 73, 8. 57,
subs. 8,
amended
(11) Subsection 8 of the said section 57 is amended,
(a) bv inserting after "of" in the seventy-first line
"any";
(6) by inserting after "for" in the seventy-fourth line
"a fiscal year subsequent to"; and
(c) by striking out "or its income for any subsequent
fiscal year" in the seventy-fifth and seventy-sixth
lines.
141
Subsection 7. The amended subsection 5 of section 57 deals with
payments for a right to explore for petroleum or natural gas in Canada
or for a lease of the right to take or remove petroleum or natural gas in
Canada, sometimes referred to as bonus payments. Although new rules
in respect of such payments for acquisitions after April 10, 1962, are now
to be provided, the existing subsections remain in force to apply to pay-
ments made for rights before April 11, 1962.
Subsection 8. This amendment is consequential upon the addition
of the new subsection 3b provided by subsection 5 above.
Subsection 9. The repeal of clauses c, d and da has the effect of
providing that the right of a successor corporation to deduct drilling,
exploration, prospecting and development expenses incurred by a pre-
decessor corporation from the income of the successor corporation attrib-
utable to the production of petroleum or natural gas from wells, or the
production of minerals from mines, situated on property acquired from the
predecessor corporation, shall not be lost by reason of the fact that the
successor corporation assumed liabilities of the predecessor corporation.
Subsection 10. This amendment is consequential upon the addition
of the new subsection 3b by subsection 5 above.
Subsection 1 1 . This amendment permits a predecessor corporation
to deduct drilling and exploration expenses in the year in which its property
is acquired by a successor corporation.
141
Subsection 12. This amendment adds the words "before the 11th
day of April, 1962" to the present subsection dealing with payments for
a right to explore for petroleum or natural gas in Canada or for a lease of
the right to take or remove petroleum or natural gas in Canada, sometimes
referred to as bonus payments. New rules in respect of such payments
for acquisitions after April 10, 1962, are provided in this Bill supplementing
the existing subsections, which remain in force to apply to payments made
for rights before April 11, 1962.
Subsection 13. This new subsection provides for the right of a
successor corporation to deduct drilling, exploration, prospecting and
development expenses incurred by its predecessor corporation to be
extended to a corporation which is a successor to the first successor
corporation.
141
17
(12) Subsection Sa of the said section 57, as enacted by ^-^g^g^ll^^*'
subsection 2 of section 19 of The Corporations Tax Amendment ^^^^^-^^
Act, 1961-62, is amended by inserting before "in" where itc. 23, s. 19,
occurs the first time in the twenty-first line "before the 11th amended
day of April, 1962".
(13) The said section 57 is further amended by adding c. '73, s. 57, '
thereto the following subsection : amended
(10a) Notwithstanding subsection 7, where a corporation, ^l^utreA
hereinafter in this subsection referred to as the ^y^^|°°^^jj^
"second successor corporation", whose principal corporation
business is of the class described in subsection 36,
has at any time after the 10th day of April, 1962,
acquired from a corporation, hereinafter in this sub-
section referred to as the "first successor corporation",
that was a successor corporation within the meaning
of subsection 8, all or substantially all of the property
of the first successor corporation used by it in
carrying on in Canada its principal business, there
may be deducted by the second successor corpora-
tion, in computing its income under this Part for a
fiscal year, the lesser of,
(a) the aggregate determined by adding the ex-
penses referred to in subclauses i and ii of
clause e of subsection 8 for the purpose of
determining the deduction allowable to the
first successor corporation under subsection 8
in computing its income for a previous fiscal
year, to the extent that such expenses,
(i) were not deductible by the second
successor corporation or any other cor-
poration in computing its income for
a previous fiscal year, and were not
deductible by the first successor cor-
poration in computing its income for
the fiscal year in which the property
so acquired was acquired by the second
successor corporation, and
(ii) would, but for the provisions of clause/
of subsection 8, have been deductible
by the first successor corporation in
computing its income for the fiscal year
in which the property so acquired was
acquired by the second successor cor-
poration; or
141
18
R.S.O. 1960,
c. 73, s. 65,
eubs. 2,
amended
Scientific
research
(b) of that aggregate, an amount equal to such
part of its income for the fiscal year,
(i) if no deduction were allowed under
clause b of subsection 2 of section 22,
and
(ii) if no deduction were allowed under this
section,
minus any deduction allowed for the fiscal year by
subsection 1 of section 40, as may reasonably be
regarded as attributable to the production of petro-
leum or natural gas from wells, or the production
of minerals from mines, situated on property from
which the predecessor of the first successor cor-
poration within the meaning of subsection 8 had,
immediately before the acquisition by the first
successor corporation of the property so acquired
by the second successor corporation, a right to take
or remove petroleum or natural gas or a right to
take or remove minerals, and, in respect of any such
expenses included in the aggregate determined under
clause a, no deduction may be made under this
section by the first successor corporation in com-
puting its income for a fiscal year subsequent to its
fiscal year in which the property so acquired was
acquired by the second successor corporation.
9. — (1) Subsection 2 of section 65 of The Corporations-
Tax Act, as amended by subsections 2, 3 and 4 of section 7 of
The Corporations Tax Amendment Act, 1960-61 and subsec-
tions 1 and 2 of section 22 of The Corporations Tax Amendment
Act, 1961-62, is further amended by adding thereto the
following paragraphs:
12. For the purpose of section 47a, whei^e the amalgama-
tion of the two or more corporations was after the
10th day of April, 1962, the base scientific expendi-
ture of the new corporation is an amount equal to
the aggregate of the base scientific expenditure of
each of the predecessor corporations.
Exploration
13. For the purpose of section 57, where a predecessor
corporation had acquired a right, licence or privilege
to explore for, drill for or take in Canada petroleum,
natural gas or other related hydrocarbons, except
coal, under an agreement, contract or arrange-
ment described in subsection Ab of section 57 and,
by virtue of the amalgamation, that right, licence or
privilege, or any interest,
141
Section 9 — Subsection 1. This amendment enacts three new rules
for dealing with the assets of corporations that have amalgamated.
The new rule 12 provides that, where two or more corporations
amalj^amate, the "base scientific expenditure" for the purpose of the
additional allowance on account of expenditures on scientific research
under the new section 47a provided by section 7 of this Bill is the aggregate
of the base scientific expenditures of each corporation entering into the
amalgamation.
The new rule 13 provides that, where a predecessor corporation has
acquired oil or gas rights in a certain manner and these rights subsequently
become the property of a new corporation by virtue of an amalgamation,
the new corporation resulting from the amalgamation shall be deemed
to have acquired the rights in the same manner as a predecessor cor-
poration.
141
The new rule 14 provides that a new corporation that results from an
amalgamation will have the same right to claim certain reserves in respect
of activities or undertakings of a predecessor corporation as the pre-
decessor corporation would have had but for the amalgamation.
Subsection 2. This amendment is consequential upon the addition
of the new subsection 36 of section 57 by subsection 5 of section 8 of this
Bill.
Subsection 3. This amendment is consequential upon the addition
of similar words to subsection 5 of section 57 by subsection 7 of section 8
of this Bill.
Section 10. This section provides for the various effective dates
on which the amendments made by this Bill will become effective.
141
19
(a) in such right, licence or privilege, or
(b) in the production of wells, situated on the
land to which such right, licence or privilege
relates,
became the property of the new corporation, the
new corporation shall be deemed to have acquired
the right, licence or privilege under an agreement,
contract or arrangement described in subsection 46
of section 57.
14. For the purpose of computing a deduction from the special
r 1 • r /-I reserves
mcome of the new corporation for a fiscal year
under clause c of subsection 1 of section 60 or sub-
section 6 of section 60, any amount included in
computing the income of a predecessor corporation
for its last fiscal year or a previous fiscal year, by
virtue of clause a of subsection 1 of section 60, shall
be deemed to have been included in computing the
income of the new corporation for a previous fiscal
year by virtue thereof.
(2) Subclause iv of clause e of subsection 3 of the said^fg^g-'^li?'
section 65 is repealed and the following substituted therefor : |^^^j ^-^^^i- «•
re-enacted
(iv) would, but for the provisions of clause b of sub-
section 1 of section 57, clause b of subsection 2 of
section 57, clause d of subsection 3 of section 57,
clause g of subsection 3b of section 57, and clause d
of subsection 7 of section 57, or any of those clauses,
have been deductible by the predecessor corporation
in computing its income for its last fiscal year; or
(3) Subsection 4 of the said section 65, as enacted by sub-^fg^g^gf^-
section 4 of section 22 of The Corporations Tax Amendment ^^^^-^'^q^
Act, 1961-62, is amended by inserting before "if" in thee 23, s. 22,
sixteenth line "and acquired the rights, before the 11th day amended
of April, 1962, in respect of which the amount was so paid".
10. — (1) Section 5 applies in respect of fiscal years of ^/"^ct ^^^""^
corporations ending in 1957 and in respect of subsequent
fiscal years.
(2) Subsection 2 of section 1 applies in respect of fiscal ^^
years of corporations ending in 1961 and in respect of sub-
sequent fiscal years.
141
20
idei" (3) Subsection 3 of section 1 and subsection 2 of section 3
apply in respect of fiscal years of corporations commencing
after 1961.
Idem
Idem
Idem
Idem
Commence-
ment
(4) Subsection 11 of section 8 applies in respect of fiscal
years of corporations ending after the 10th day of April, 1962.
(5) Subsections 1, 2 and 3 of section 47a of The Corpora-
tions Tax Act, as enacted by section 7, apply in respect of
fiscal years of corporations ending in 1962 to 1966, inclusive.
(6) Subsections 4 and 5 of section 47a of The Corporations
Tax Act, as enacted by section 7, and paragraphs 13 and 14
of subsection 2 of section 65 of The Corporations Tax Act,
as enacted by subsection 1 of section 9, apply in respect of
fiscal years of corporations ending in 1962 and in respect of
subsequent fiscal years.
(7) Subsection 1 of section 1, section 2, subsection 1 of
section 3, sections 4 and 6, subsections 1 to 10 and 12 and 13
of section 8, and subsections 2 and 3 of section 9, apply in
respect of fiscal years of corporations ending in 1962 and in
respect of subsequent fiscal years.
11. This Act comes into force on the day it receives Royal
Assent.
Short title
12. This Act may be cited as The Corporations Tax Amend-
ment Act, 1962-63.
141
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4
BILL 141
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Corporations Tax Act
Mr. Allan (Haldimand-Norfolk)
TORONTO
Printed and Published bv Frank Fogg. Queen's Printer
I
BILL 141
1962-63
An Act to amend The Corporations Tax Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1.— (1) Subsection 35 of section 4 of The Corporations Tax^-^-O. i960,
Act is repealed and the following substituted therefor: subs.' 35, '
re-enacted
(35) Where a corporation has a permanent establishment i^oreign
in Ontario and has received income in the fiscal year
in the form of dividends, interest, rents or royalties
that was derived from sources within a jurisdiction
outside Canada, hereinafter in this subsection re-
ferred to as "foreign investment income", or where
a corporation having received foreign investment
income in the fiscal year from sources within a
jurisdiction outside Canada also received income in
the fiscal year from a business carried on by it in
that jurisdiction, hereinafter in this subsection re-
ferred to as "foreign business income", and where,
for the purposes of subsection la of section 41 of the
Income Tax Act (Canada), such foreign investment R.s.c. 1952,
income has not been included as part of such foreign
business income, and, for the purposes of subsec-
tions 5, 17, 18, 20, 22, 23 and 33, or such of those
subsections as are applicable, has been excluded
when calculating its gross revenue, or any part
thereof, and where the corporation is entitled to a
deduction under section 41 of the Income Tax Act
(Canada), hereinafter in this subsection referred to
as "foreign tax credit", with respect to any income
or profits tax paid to such jurisdiction on such foreign
investment income or on such foreign investment
income and foreign business income, the corporation
may deduct from the tax otherwise payable under
this section an amount equal to the lesser of.
c. 148
{a) 9 per cent of that part of such foreign invest-
ment income that is included in that portion
141
of taxable income that remains after deducting
from such taxable income the portions thereof
deemed to have been earned in jurisdictions
other than Ontario measured in accordance
with subsections 5 to 34; or
(b) the proportion of the deficiency between the
foreign tax credit that would be allowed if
no provincial tax abatement under section 40
^'148' ■^^^^' °^ ^^^ Income Tax Act (Canada) were appli-
cable and the foreign tax credit that is allowed
when the provincial tax abatement provided
by section 40 of the Income Tax Act (Canada)
has been applied which,
(i) the amount of that portion of its tax-
able income for the fiscal year that is
deemed to have been earned in Ontario
measured in accordance with subsec-
tion 2 of section 40 of the Income Tax
Act (Canada),
bears to,
(ii) the total amount of the portions of its
taxable income for the fiscal year that
are deemed to have been earned in the
provinces of Canada measured in ac-
cordance with subsection 2 of section 40
of the Income Tax Act (Canada).
R.s.o. I960, (2) Subsection 36 of the said section 4, as amended by
c. 73 s. 4
eiibs.'se. ' section 1 of The Corporations Tax Amendment Act, 1960-61,
repealed . , ,
IS repealed.
c!"73?s.^4f*^' (^) The said section 4 is amended by adding thereto the
amended following subsections:
tax^^r^iit ^^^^ There may be deducted from the tax otherwise
payable for a fiscal year by a corporation an amount
equal to one-third of the tax payable by the cor-
^■224' ^^^^' poration for the same fiscal year under The Logging
Tax Act.
interpre- (36a) In subsection 36, "tax otherwise payable" means the
tax for the fiscal year otherwise payable by the
corporation under this section after making any
deduction applicable under subsection 2.
141
2. Section 17 of The Corporations Tax Act, as amended by ^Ig^^g^^I^^'
section 5 of The Corporations Tax Amendment Act, 1961-62,&m&^^Qd
is further amended by striking out "and" at the end of clause h
in the amendment of 1961-62, by adding "and" at the end of
clause i in the amendment of 1961-62, and by adding thereto
the following clause:
0') amounts received by the corporation in the fiscal Pro°m®^*^^
year in consideration for the disposition of a right, oJ-^riKhti'^"
licence or privilege to explore for, drill for or take etc.
petroleum or natural gas in Canada, as provided by
subsection 46 or 4c of section 57.
3.— (1) Clause / of subsection 1 of section 22 of The Corpora- f/ji^s^lT!'
tions Tax Act is repealed and the following substituted there- ^^_^^g^^j.g*^^j- '•
for:
(/) such amount in respect of expenditures on scientific ^^^^^^^^j^^
research as is permitted by section 47 or by sec-
tion 47a.
(2) Clause p of subsection 1 of the said section 22 is repealed ^S-O. i960.
and the following substituted therefor: siibs.'i.'ci.V,
re-enacted
ip) such amount in respect of taxes on income for the mining
fiscal year from mining operations as is permitted
by the regulations.
4. Subsection 4 of section 23 of The Corporations Tax Act^-^-^-^^^^t^'
is repealed and the following substituted therefor: ?e-enacted
(4) Clause c of subsection 1 does not apply in respect Application
of an outlay or expense made or incurred by a cor- ci. c
poration, at a time when more than 50 per cent of its
property consisted of property leased to a subsidiary-
controlled corporation subsidiary to it or shares in
the capital stock of, bonds, debentures, mortgages
or hypothecs of or bills or notes of a subsidiary-
controlled corporation subsidiary to it, for the pur-
pose of gaining or producing income in the form of
dividends from any such corporation or in connection
with property in the form of shares in the capital
stock thereof.
5. Section 40 of The Corporations Tax Act is amended by^fg^g^f^^-
adding thereto the following subsection: amended
(la) Where a corporation in a fiscal year received aidenx
dividend from a non-resident corporation that is
taxable under subsection 2 of section 2 of the IncomeRS.c. 1952,
Tax Act (Canada) for that year, the corporation
141
shall deduct from its income for the same fiscal year
the same amount in respect of such dividend as the
corporation was allowed to deduct under subsection
10 of section 28 of the Income Tax Act (Canada).
^■73°8.'^47?* ^» — (1) Clause a of subsection 1 of section 47 of The Cor-
^qI^^^^-' '^' porations Tax Act, as amended by subsection 1 of section 16
of The Corporations Tax Amendment Act, 1961-62, is further
amended by striking out "and" at the end of subclause iv
in the amendment of 1961-62 and by adding thereto the
following subclause:
(v) by payments to a corporation resident in Canada
for scientific research related to the business of the
corporation; and
^•|gOgi9|0' (2) Clause b of subsection 1 of the said section 47, as amended
eubs.'i ci.'t, by subsection 2 of section 16 of The Corporations Tax Amend-
ment Act, 1961-62, is further amended by striking out "the
lesser of" in the first line and inserting in lieu thereof "such
amount as may be claimed by the corporation not exceeding
the lesser of", so that the clause, exclusive of the subclauses,
shall read as follows:
{b) such amount as may be claimed by the corporation
not exceeding the lesser of,
^■73?s.^47?' (3) Subsection 2, as re-enacted by subsection 3 of section 16
(i96!-62 ' ^^ ^^^ Corporations Tax Amendment Act, 1961-62, and sub-
23, s. ie, section 3 of the said section 47 are repealed and the following
substituted therefor:
BUbs. 3), 3,
re-enacted
Determina-
tion of
what
constitutes
scientific
research
R.S.C. 1952,
c. 148
(2) The determination of whether any particular activity
constitutes scientific research will be the same as
the determination of the Minister of National
Revenue under subsection 2 of section 72 of the
Income Tax Act (Canada).
Exception
(3) No deduction may be made under this section or
section 47o in respect of an expenditure made to
acquire rights in, or arising out of, scientific research
or in respect of an amount deducted from income
under section 39 in respect of a gift to a charitable
organization.
141
(4) Subsection 4 of the said section 47 is amended by in- ^•f3°8_^47f
serting after "section" in the first hne "and in section 47a",|^|^4^^
so that the subsection, exclusive of the clauses, shall read as
follows :
(4) In this section and in section 47a, tatum"^^'
(5) Clauses b and c of subsection 4 of the said section 47 ^13^8.^47°'
are repealed and the following substituted therefor : subs^ 4,
re-enacted
(&) "scientific research" has the meaning given to that
expression by regulation;
(c) references to expenditures on scientific research
include only expenditures incurred for and wholly
attributable to the prosecution, or the provision of
facilities for the prosecution, of scientific research in
Canada.
7. The Corporations Tax Act is amended by adding thereto ^•^3'-' • ^^^*^'
the following section: amended
47a. — (1) In addition to the deductions allowed for the de'dllcUon^
fiscal year by section 47, a corporation, other than a corpora- |!°gg^°rch**'*°
tion referred to in subsection 2, that carried on business
in Canada and made expenditures in respect of scientific
research in a fiscal year may deduct, in computing its income
for the fiscal year, 50 per cent of the amount by which,
(a) the aggregate of,
(i) all expenditures of a current nature made in
Canada in the fiscal year, as described in sub-
clauses i to V of clause a of subsection 1 of
section 47, on scientific research, and
(ii) all expenditures of a capital nature made in
Canada, by acquiring property other than
land, in the fiscal year on scientific research,
exceeds,
(6) the aggregate of,
(i) the base scientific expenditure of the cor-
poration, and
141
(ii) any amount paid to the corporation in the
fiscal year in respect of scientific research
undertaken by the corporation,
(A) by Her Majesty in right of Canada or
a province,
(B) by a person resident in Canada, or
(C) by a person not resident in Canada if
such person is entitled, in respect of the
payment, to a deduction in computing
his income by virtue of subclause v
of clause a of subsection 1 of section 47.
Deduotion (2) In addition to the deductions allowed for the fiscal
elated year by section 47, a corporation that carried on business in
corpora ion q^^^^^ .^^^ made expenditures in respect of scientific research
in a fiscal year and that was associated with one or more
corporations in the fiscal year or in the last fiscal year of the
corporation that ended before the 11th day of April, 1962,
may deduct, in computing its income for the fiscal year, an
amount determined by the following rules:
1. Determine the amount, if any, by which,
(a) the aggregate of the expenditures described
in subclauses i and ii of clause a of subsec-
tion 1 made in the fiscal year by the corpora-
tion,
exceeds,
(b) the aggregate of the base scientific expenditure
of the corporation and any amount paid to
the corporation in the fiscal year as described
in subclause ii of clause b of subsection 1 ;
2. Determine the amount, if any, by which,
(a) the aggregate of all expenditures described in
subclauses i and ii of clause a of subsection 1 ,
(i) made by the corporation in the fiscal
year, or
(ii) made by each corporation associated
with the corporation in the fiscal year,
in the associated corporation's fiscal
year that ended in the same calendar
year as the fiscal year referred to in
subclause i,
141
exceeds,
(b) the aggregate of,
(i) the base scientific expenditures of the
corporation and of each corporation
associated with the corporation in the
fiscal year,
(ii) the base scientific expenditures of each
corporation,
(A) that was associated with the
corporation in the last fiscal
year of the corporation that
ended before the 11th day of
April, 1962,
(B) that was not associated with the
corporation in the fiscal year,
and
(C) in respect of which substantially
all the business that was carried
on by such corporation in
Canada in its last fiscal year
that ended before the 11th day
of April, 1962, was acquired in
any manner whatsoever by the
corporation or one or more cor-
poratioiis associated with the
corporation in the fiscal year,
and
(iii) all amounts described in subclause ii
of clause b of subsection 1,
(A) paid to the corporation in the
fiscal year, or
(B) paid to each corporation asso-
ciated with the corporation in
the fiscal year, in the associated
corporation's fiscal year that
ended in the same calendar year
as the year referred to in para-
graph A;
3. Ascertain the aggregate of,
(a) the amount calculated under paragraph 1;
and
141
8
(b) the amount calculated pursuant to para-
graph 1 for each corporation that is associated
with the corporation in the fiscal year; and
4, Determine the amount equal to 50 per cent of that
portion of the amount determined under paragraph 2
that,
(a) the amount determined under paragraph 1,
is of,
(b) the aggregate ascertained under paragraph 3.
and the amount determined under paragraph 4 is the amount
that may be deducted in computing the income for the fiscal
year of the corporation.
«;tentiflc ^^^ ^^^ ^^^ purposes of subsections 1 and 2, the base
expenditure scientific expenditure of a corporation is the aggregate of all
expenditures of a current or of a capital nature, by acquiring
property other than land, made in Canada by the corporation
in the last fiscal year of the corporation that ended before
the 11th day of April, 1962, on scientific research related to
the business of the corporation, but, where the corporation
had no fiscal year that ended before the 11th day of April,
1962, its base scientific expenditure is nil.
Disposition
of property
(4) Where property, other than land, acquired by a corpora-
tion by expenditures of a capital nature made in Canada by
the corporation on scientific research has, in a fiscal year,
been disposed of by the corporation, there shall be included in
computing the income of the corporation for the year the
lesser of,
(a) an amount equal to 50 per cent of,
(i) the proceeds of disposition of the property, or
(ii) the capital cost to the corporation of the
property,
whichever is the lesser; or
(b) an amount equal to,
(i) the aggregate of each amount deductible under
subsection 1 or 2, as the case may be, in com-
puting the income of the corporation for the
fiscal year and each previous fiscal year.
minus,
141
(ii) the aggregate of each amount included by
virtue of this subsection in computing the
income of the corporation in respect of a
previous disposition of property.
(5) For the purpose of clause b of subsection 4, the amount ^/'^laSlo ^"^
deductible under subsection 1 or 2, as the case may be, inofs^bs. 4
computing the income of a corporation for a fiscal year shall
not include any amount in excess of 50 per cent of the ex-
penditures of a capital nature made in Canada by the corpora-
tion, by acquiring property other than land, in the fiscal year
on scientific research.
8.— (1) Clause b of subsection 1 of section 57 of The Cor-f/^s^-^^l^'^'
porations Tax Act is repealed and the following substituted ^^.^^j^gj^'^^^- *•
therefor :
(b) of that aggregate, an amount equal to the income of
the corporation for the fiscal year,
(i) if no deduction were allowed under clause b
of subsection 2 of section 22, and
(ii) if no deduction were allowed under this sec-
tion,
minus the deductions allowed for the fiscal year by
subsections 8 and 10a of this section and by sub-
section 1 of section 40.
(2) Clause b of subsection 2 of the said section 57 is amended ^'73^8.^67?*
by striking out "year by subsection 8" in the seventh and|^|'^|^J'^- *•
eighth lines and inserting in lieu thereof "fiscal year by sub-
sections 8 and 10a".
(3) Clause c of subsection 3 of the said section 57 is amended ^fs^a.^l??'
by striking out "end of the fiscal year" in the eleventh hne |^|^^f^jj°'- '•
and inserting in lieu thereof "11th day of April, 1962".
(4) Clause d of subsection 3 of the said section 57 is amended o.'is, B.^57, '
by striking out "and 8" in the eighth line and inserting in|^|nded^" **'
lieu thereof "8 and 10a".
(5) The said section 57, as amended by section 6 of Thef'j^-^^lj°-
Corporations Tax Amendment Act, 1960-61 and section 19 amended
of The Corporations Tax Amendment Act, 1961-62, is further
amended by adding thereto the following subsections:
(36) A corporation the principal business of which is, Som"°"°'^
income of
(a) production, refining or marketing of petroleum, ?orpomtion.
petroleum products or natural gas, or ex-®*°"
ploring or drilling for petroleum or natural
gas;
141
10
(b) mining or exploring for minerals;
(c) processing mineral ores for the purpose of
recovering metals therefrom;
(d) a combination of,
(i) processing mineral ores for the purpose
of recovering metals therefrom, and
(ii) processing metals recovered from the
ores so processed ; or
(e) fabricating metals,
may deduct, in computing its income under this
Part for a fiscal year, the lesser of,
(/) the aggregate of such of,
(i) the drilling and exploration expenses,
including all general geological and geo-
physical expenses, incurred by it on or
in respect of exploring or drilling for
petroleum or natural gas in Canada,
and
(ii) the prospecting, exploration and de-
velopment expenses incurred by it in
searching for minerals in Canada, as
were incurred after the 10th day of
April, 1962, and before the end of the
fiscal year, to the extent that they were
not deductible in computing income
for a previous fiscal year; or
(g) of that aggregate, an amount equal to its
income for the fiscal year,
(i) if no deduction were allowed under
clause b of subsection 2 of section 22,
and
(ii) if no deduction were allowed under
this section,
minus the deductions allowed for the fiscal
year by subsections 1, 2, 3, 7, 8 and 10a of
this section and by subsection 1 of section 40.
i
141
11
(3c) A joint exploration corporation may, in a fiscal year, exploration
elect in prescribed form to renounce in favour of corporation
. , . . may
another corporation described in subsection 36 an renounce
agreed portion of the aggregate of such of,
(a) the drilling and exploration expenses, including
all general geological and geophysical expenses,
incurred by the joint exploration corporation
on or in respect of exploring or drilling for
petroleum or natural gas in Canada; and
(b) the prospecting, exploration and development
expenses incurred by the joint exploration
corporation in searching for minerals in
Canada,
as were incurred by the joint exploration corporation,
during a period, after the calendar year 1956 and
before the 11th day of April, 1962, throughout which
the other corporation was a shareholder corporation,
to the extent that the aggregate of such expenses
exceeds any amount deductible under subsection 3
in respect thereof by the joint exploration corporation
in computing its income for any fiscal year previous
to the year in which the election was made, and
upon the election the said agreed portion,
(c) shall be deemed, for the purpose of sub-
section 3b, to be expenses described in clauses
a and b incurred by the other corporation in
the fiscal year of the corporation in which
the election was made; and
(d) shall be subtracted from the aggregate
described in clause c of subsection 3 in deter-
mining the amount deductible by the joint
exploration corporation under subsection 3 in
computing its income.
(3d) A joint exploration corporation may, in a fiscal year, ^**®™
elect in prescribed form to renounce in favour of
another corporation described in subsection 3b an
agreed portion of the aggregate of such of,
(a) the drilling and exploration expenses, in-
cluding all general geological and geophysical
expenses, incurred by the joint exploration
corporation on or in respect of exploring or
drilling for petroleum or natural gas in
Canada; and
141
12
(b) the prospecting, exploration and development
expenses incurred by the joint exploration
corporation in searching for minerals in
Canada,
as were incurred by the joint exploration corporation
during a period, after the 10th day of April, 1962,
and before the end of the fiscal year, throughout
which the other corporation was a shareholder cor-
poration, to the extent that the aggregate of such
expenses exceeds any amount deductible under sub-
section 3b in respect thereof by the joint exploration
corporation in computing its income for any taxation
year previous to the year in which the election was
made, and upon the election the said agreed portion,
(c) shall be deemed, for the purpose of subsec-
tion 3b, to be expenses described in clauses a
and b incurred by the other corporation in the
fiscal year of the corporation in which the
election was made ; and
(d) shall be subtracted from the aggregate
described in clause / of subsection 3b in
determining the amount deductible by the
joint exploration corporation under subsec-
tion 3b in computing its income.
tatkm'^^' (3e) For the purposes of subsections 3c and 3d,
(a) "joint exploration corporation" means a cor-
poration,
(i) whose principal business is of a class
described in clause a or 6 of subsec-
tion 3, and
(ii) that has not at any time since its
incorporation had more than ten share-
holders, not including any individual
holding a share for the sole purpose of
qualifying as a director;
(b) a "shareholder corporation" of a joint ex-
ploration corporation means a corporation
that for the period in respect of which the
expression is being applied,
(i) was a shareholder of the joint explora-
tion corporation,
141
13
(ii) was a corporation whose principal
business was of the class described in
subsection 3b, and
(iii) made payments to the joint exploration
corporation in respect of the expenses
incurred by the joint exploration cor-
poration referred to in clauses a and b
of subsection 3c or 3d, as the case may
be; and
(c) "agreed portion" in respect of a corporation
that was a shareholder corporation of a joint
../:;]'■ exploration corporation means such amount
as may be agreed upon between the joint
exploration corporation and the other cor-
poration not exceeding,
(i) the payments referred to in subclause
iii of clause b made by the other cor-
poration to the joint exploration cor-
poration during the period it was a
shareholder corporation in respect of
the expenses incurred by the joint
exploration corporation referred to in
clauses a and b of subsection 3c or 3d,
as the case may be,
minus,
(ii) the aggregate of the amounts, if any,
previously renounced by the joint ex-
ploration corporation under subsec-
tion 3c or 3d, as the case may be, in
favour of the other corporation.
(6) Subsection 4 of the said section 57 is repealed and the ^•fg^^a.^ll^^'
following substituted therefor: ?e-enacted
(4) A corporation, other than a corporation described inj^®^"°''°^
subsection 3b, may deduct, in computing its income 'nooni® pf
J i-1-.f /- 1 .1 r oorporatlon
under this rart tor a fiscal year, the lesser of,
(a) the aggregate of such of,
(i) the drilling and exploration expenses,
including all general geological and geo-
physical expenses, incurred by it on or
in respect of exploring or drilling for
petroleum or natural gas in Canada,
and
141
14
Limitation
in respect
of payments
for
exploration
and
development
rights
Exploration
and
drilling
rights,
payments
deductible
Receipts for
exploration
and drilling
rights
included
in income
(ii) the prospecting, exploration and de-
velopment expenses incurred by it in
searching for minerals in Canada,
as were incurred after the 10th day of April,
1962, and before the end of the fiscal year, to
the extent that they were not deductible in
computing income for a previous fiscal year;
or
(b) of that aggregate, an amount equal to its
income for the fiscal year from,
(i) operating an oil or gas well in Canada
in which the corporation has an interest,
and
(ii) royalties in respect of an oil or gas
well in Canada,
if no deductions were allowed under clause b of sub-
section 2 of section 22.
(4a) In computing a deduction under subsection 1 or 2,
no amount shall be included in respect of a payment
for or in respect of a right, licence or privilege to
explore for, drill for or take petroleum or natural gas,
acquired before the 11th day of April, 1962, other
than an annual payment not exceeding $1 per acre.
(46) Where a corporation has, after the 10th day of April
1962, acquired under an agreement or other contract
or arrangement a right, licence or privilege to explore
for, drill for or take in Canada petroleum, natural
gas or other related hydrocarbons, except coal, under
which agreement, contract or arrangement there
was not acquired any other right to, over or in
respect of the land in respect of which such right,
licence or privilege was so acquired, except the right
to enter upon, use and occupy so much of the land
as may be necessary for the purpose of exploiting
such right, licence or privilege, an amount paid in
respect of the acquisition thereof shall, for the pur-
pose of subsections 3b, 3d and 4, be deemed to be a
drilling or exploration expense on or in respect of
exploring or drilling for petroleum or natural gas in
Canada incurred at the time of such payment.
(4c) Where a right, licence or privilege to explore for,
drill for or take in Canada petroleum, natural gas
or other related hydrocarbons, except coal, is dis-
. posed of by a corporation described in subsection 3b
141
15
after the 10th day of April, 1962, any amount
received by the corporation as consideration for the
disposition thereof shall be included in computing
its income for its fiscal year in which the amount was
received, unless the corporation acquired such right,
licence or privilege before the 11th day of April, 1962,
and disposed of it before the 9th day of November,
1962.
(4^) Where a right, licence or privilege to explore for, ^**®'"
drill for or take in Canada petroleum, natural gas or
other related hydrocarbons, except coal, that was
acquired after the 10th day of April, 1962, by a
corporation, other than a corporation described in
subsection 3b, is subsequently disposed of, any
amount received by the corporation as consideration
for the disposition thereof shall be included in com-
puting its income for the fiscal year in which the
amount was received.
(4e) Subsections 4c and 4d do not apply to any disposition ^^^^
by a corporation of any right, licence or privilege
described in subsection 46 or 4c unless such right,
licence or privilege was acquired by the corporation
under an agreement, contract or arrangement de-
scribed in subsection 46.
(4/") For the purposes of subsections 4c and 4d,
(a) where a corporation has disposed of any
interest in land that includes a right, licence
or privilege described in subsection 4b that
was acquired under an agreement, contract
or arrangement described in that subsection,
the proceeds of disposition of such interest
shall be deemed to be proceeds of disposition
of the right, licence or privilege; and
(b) where a corporation has acquired a right,
licence or privilege described in subsection 46
under an agreement, contract or arrangement
described in that subsection and subsequently
disposes of any interest,
(i) in such right, licence or privilege, or
(ii) in the production of wells situated on
the land to which such right, licence or
privilege relates,
the proceeds of disposition of such interest
shall be deemed to be the proceeds of dis-
position of the right, licence or privilege.
Idem
141
16
R.S.O. 1960,
c. 73, s. 57.
subs. 6,
amended
(7) Subsection 5 of the said section 57 is amended,
(a) by inserting after "and" in the fourteenth line
"acquired the rights, before the 11th day of April,
1962, in respect of which the amount was so paid
and";
(b) by striking out "its" in the sixteenth line and insert-
ing in lieu thereof "the"; and
(c) by inserting after "3" in the twenty-first line "3b
or 3d".
R.S.O. 1960,
c. 73, s. 57.
8Ubs. 7.
cl. d,
Bubcl. ii,
re-enacted
(8) Subclause ii of clause d of subsection 7 of the said
section 57 is repealed and the following substituted therefor:
(ii) if no deduction were allowed under subsection 3b or
this subsection.
R.S.O. I960,
C. 73, 8. 57,
eubs. 8,
els. c, d, da
(1961-62,
c. 23, s. 19,
eubs. 1,
cl. e),
repealed
(9) Clauses c and d, as amended by clauses c and d of sub-
section 1 of section 19 of The Corporations Tax Amendment
Act, 1961-62, and clause da, as enacted by clause e of sub-
section 1 of section 19 of The Corporations Tax Amendment
Act, 1961-62, of subsection 8 of the said section 57 are repealed.
R.S.O. I960,
c. 73, s. 57,
eubs. 8,
cl. «,
Bubcl. iv,
re-enacted
(10) Subclause iv of clause e of subsection 8 of the said
section 57 is repealed and the following substituted therefor:
(iv) would, but for the provisions of clause b of subsec-
tion 1, clause b of subsection 2, clause d of subsec-
tion 3, clause g of subsection 3b and clause d of sub-
section 7, or of any of those clauses or this sub-
section, have been deductible by the predecessor
corporation in computing its income for the fiscal
year in which the property so acquired was acquired
by the successor corporation ; or
R.S.O. 1960.
c. 73, 8. 57,
eubs. 8,
amended
(11) Subsection 8 of the said section 57 is amended,
(a) by inserting after "of" in the seventy-first line
"any";
{b) by inserting after "for" in the seventy-fourth line
"a fiscal year subsequent to"; and
(c) by striking out "or its income for any subsequent
fiscal year" in the seventy-fifth and seventy-sixth
lines.
141
17
(12) Subsection 8a of the said section 57, as enacted by ^fg^g^lf^-
subsection 2 of section 19 of The Corporations Tax Amendment ^^^^-^A^
Act, 1961-62, is amended by inserting before "in" where itc. 23, s. i9.
occurs the first time in the twenty-first line "before the 11th amended
day of April, 1962".
(13) The said section 57 is further amended by adding 0/73, s. 57, '
thereto the following subsection : amended
(10a) Notwithstanding subsection 7, where a corporation' acqufre'J
hereinafter in this subsection referred to as the ^ y^^lgg^j,*^
"second successor corporation", whose principal corporation
business is of the class described in subsection 3b,
has at any time after the 10th day of April, 1962,
acquired from a corporation, hereinafter in this sub-
section referred to as the "first successor corporation",
that was a successor corporation within the meaning
of subsection 8, all or substantially all of the property
of the first successor corporation used by it in
carrying on in Canada its principal business, there
may be deducted by the second successor corpora-
tion, in computing its income under this Part for a
fiscal year, the lesser of,
(a) the aggregate determined by adding the ex-
penses referred to in subclauses i and ii of
clause e of subsection 8 for the purpose of
determining the deduction allowable to the
first successor corporation under subsection 8
in computing its income for a previous fiscal
year, to the extent that such expenses,
(i) were not deductible by the second
successor corporation or any other cor-
poration in computing its income for
a previous fiscal year, and were not
deductible by the first successor cor-
poration in computing its income for
the fiscal year in which the property
so acquired was acquired by the second
successor corporation, and
(ii) would, but for the provisions of clause/
of subsection 8, have been deductible
by the first successor corporation in
computing its income for the fiscal year
in which the property so acquired was
acquired by the second successor cor-
poration; or
141
18
(6) of that aggregate, an amount equal to such
part of its income for the fiscal year,
(i) if no deduction were allowed under
clause b of subsection 2 of section 22,
and
(ii) if no deduction were allowed under this
section,
minus any deduction allowed for the fiscal year by
subsection 1 of section 40, as may reasonably be
regarded as attributable to the production of petro-
leum or natural gas from wells, or the production
of minerals from mines, situated on property from
which the predecessor of the first successor cor-
poration within the meaning of subsection 8 had,
immediately before the acquisition by the first
successor corporation of the property so acquired
by the second successor corporation, a right to take
or remove petroleum or natural gas or a right to
take or remove minerals, and, in respect of any such
expenses included in the aggregate determined under
clause a, no deduction may be made under this
section by the first successor corporation in com-
puting its income for a fiscal year subsequent to its
fiscal year in which the property so acquired was
acquired by the second successor corporation.
c^fsT^s.^ei?" ^* — (^) Subsection 2 of section 65 of The Corporations
amended ^^^ "^^'' ^^ amended by subsections 2, 3 and 4 of section 7 of
The Corporations Tax Amendment Act, 1960-61 and subsec-
tions 1 and 2 of section 22 of The Corporations Tax Amendment
Act, 1961-62, is further amended by adding thereto the
following paragraphs:
Msearch*^ 12. For the purpose of Section 47a, where the amalgama-
tion of the two or more corporations was after the
10th day of April, 1962, the base scientific expendi-
ture of the new corporation is an amount equal to
the aggregate of the base scientific expenditure of
each of the predecessor corporations.
Exploration ^3 p^j. ^^le purpose of section 57, where a predecessor
corporation had acquired a right, licence or privilege
to explore for, drill for or take in Canada petroleum,
natural gas or other related hydrocarbons, except
coal, under an agreement, contract or arrange-
ment described in subsection 46 of section 57 and,
by virtue of the amalgamation, that right, licence or
privilege, or any interest,
141
19
(a) in such right, licence or privilege, or
(b) in the production of wells, situated on the
land to which such right, licence or privilege
relates,
became the property of the new corporation, the
new corporation shall be deemed to have acquired
the right, licence or privilege under an agreement,
contract or arrangement described in subsection 46
of section 57.
14, For the purpose of computing a deduction from the fe^lrves
income of the new corporation for a fiscal year
under clause c of subsection 1 of section 60 or sub-
section 6 of section 60, any amount included in
computing the income of a predecessor corporation
for its last fiscal year or a previous fiscal year, by
virtue of clause a of subsection 1 of section 60, shall
be deemed to have been included in computing the
income of the new corporation for a previous fiscal
year by virtue thereof.
(2) Subclause iv of clause e of subsection 3 of the said ^fs^g.^ei?'
section 65 is repealed and the following substituted therefor : |JJ^^j ^j-^^'- '■
re-enacted
(iv) would, but for the provisions of clause b of sub-
section 1 of section 57, clause b of subsection 2 of
section 57, clause d of subsection 3 of section 57,
clause g of subsection 3b of section 57, and clause d
of subsection 7 of section 57, or any of those clauses,
have been deductible by the predecessor corporation
in computing its income for its last fiscal year; or
(3) Subsection 4 of the said section 65, as enacted by sub-^f3^g^6|°'
section 4 of section 22 of The Corporations Tax Amendment ^^^^-^f^^
Act, 1961-62, is amended by inserting before "if" in the c '23. s 22.
sixteenth line "and acquired the rights, before the 11th day amended
of April, 1962, in respect of which the amount was so paid".
10. — (1) Section 5 applies in respect of fiscal years oi ^^"^^^^^^^"^
corporations ending in 1957 and in respect of subsequent
fiscal years.
(2) Subsection 2 of section 1 applies in respect of fiscal ^"^
years of corporations ending in 1961 and in respect of sub-
sequent fiscal years.
141
20
Idem
Idem
Idem
Idem
Idem
Oommence-
ment
(3) Subsection 3 of section 1 and subsection 2 of section 3
apply in respect of fiscal years of corporations commencing
after 1961.
(4) Subsection 11 of section 8 applies in respect of fiscal
years of corporations ending after the 10th day of April, 1962.
(5) Subsections 1, 2 and 3 of section 47a of The Corpora-
tions Tax Act, as enacted by section 7, apply in respect of
fiscal years of corporations ending in 1962 to 1966, inclusive.
(6) Subsections 4 and 5 of section 47a of The Corporations
Tax Act, as enacted by section 7, and paragraphs 13 and 14
of subsection 2 of section 65 of The Corporations Tax Act,
as enacted by subsection 1 of section 9, apply in respect of
fiscal years of corporations ending in 1962 and in respect of
subsequent fiscal years.
(7) Subsection 1 of section 1, section 2, subsection 1 of
section 3, sections 4 and 6, subsections 1 to 10 and 12 and 13
of section 8, and subsections 2 and 3 of section 9, apply in
respect of fiscal years of corporations ending in 1962 and in
respect of subsequent fiscal years.
11. This Act comes into force on the day it receives Royal
Assent.
Short title
12. This Act may be cited as The Corporations Tax Amend-
ment Act, 1962-63.
141
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BILL 142
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Logging Tax Act
Mr. Allan (Haldimand-Norfolk)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1 — Subsections 1 and 2. These amendments raise the rate
of tax under the Act from 9 per cent to 10 per cent.
Subsection 3. The two subsections 4 and 5 set out the basis upon
which the same or affiliated taxpayers will calculate their logging income
so that only one exemption of $10,000 will apply to several different
operations of the same taxpayer or of a series of corporations that are
affiliated one with another.
142
i
BILL 142 1962-63
An Act to amend The Logging Tax Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Subsection 1 of section 2 of The Logging Tax -^c^^-S^^- 1960,
is amended by striking out "9" in the second line and inserting subs, i,
in lieu thereof "10", so that the subsection shall read as
follows :
(1) Every taxpayer shall for every taxation year pay a"^**
tax of 10 per cent on the income in excess of $10,000
that he derives during such year from logging
operations.
(2) Subsection 2 of the said section 2 is amended by ^-fg^; gf f?'
striking out "9" in the third line and inserting in lieu thereof |^|^|^^
"10", so that the subsection shall read as follows:
(2) There may be deducted from the tax otherwise f^om"tax"
payable by a taxpayer under this section for a taxa-
tion year an amount equal to 10 per cent of that
portion of his income from logging operations in
excess of $10,000 that is earned in the taxation year
outside Ontario.
(3) Subsections 4 and 5 of the said section 2 are repealed ^■224' 8.^2?'
and the following substituted therefor: re-elfacted'
(4) For the purposes of determining liability to taxation by sEune °'
under this Act, all logging operations owned, leased, ^"p*^®'"
worked or operated by the same taxpayer, or the
income from which accrues to the same taxpayer,
shall be deemed to be and be dealt with as one and
the same logging operation and not as separate
logging operations.
(5) Where logging operations are carried on by two or ^^^'^fr^ationt
more affiliated or associated corporations that are
under the same general control, or where the income
142
of such corporations accrues for the benefit of sub-
stantially the same shareholders, the income derived
from logging operations by each of such corporations
shall be determined in accordance with sections 3
and 4, and the incomes thereof, after having been
so determined, shall be combined and dealt with for
the purpose of section 2 as though they were the
income of one and the same taxpayer.
^'224' 8^4°' ■^* Subclause iii of clause d of section 4 of The Logging
^^•J\ '■■■ Tax Act is amended by striking out "taxable" in the tenth
amended line and by striking out "Part III" in the twelfth line and
inserting in lieu thereof "Divisions A and B of Part III".
T
of Act
3. This Act applies in respect of the taxation years of
taxpayers commencing on and after the 1st day of January,
1962.
Commence- 4, This Act comes into force on the day it receives Royal
ment
Assent.
Short title 5^ This Act may be cited as The Logging Tax Amendment
Act, 1962-63.
142
Section 2. The amendment clarifies the base upon which the pro-
cessing allowance will be calculated.
142
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BILL 142
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Logging Tax Act
Mr. Allan (Haldimand-Norfolk)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 142 1962-63
An Act to amend The Logging Tax Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Subsection 1 of section 2 of The Logging Tax -^c^^s^^- 19|0.
is amended by striking out "9" in the second line and inserting subs. i.
in lieu thereof "10", so that the subsection shall read as
follows:
(1) Every taxpayer shall for every taxation year pay a'^^^
tax of 10 per cent on the income in excess of $10,000
that he derives during such year from logging
operations.
(2) Subsection 2 of the said section 2 is amended by ^fg^" s.^f?*
striking out "9" in the third line and inserting in lieu thereof |^s^ 2,
"10", so that the subsection shall read as follows:
(2) There may be deducted from the tax otherwise f^om^tax''
payable by a taxpayer under this section for a taxa-
tion year an amount equal to 10 per cent of that
portion of his income from logging operations in
excess of $10,000 that is earned in the taxation year
outside Ontario.
(3) Subsections 4 and 5 of the said section 2 are repealed ^■22?" s.^2?'
and the following substituted therefor: ^e-en^act'ed'
(4) For the purposes of determining liability to taxation by sa^e*"^
under this Act, all logging operations owned, leased, **^'^*^®'"
worked or operated by the same taxpayer, or the
income from which accrues to the same taxpayer,
shall be deemed to be and be dealt with as one and
the same logging operation and not as separate
logging operations.
(5) Where logging operations are carried on by two or ^Q^p^fj.*at1ons
more affiliated or associated corporations that are
under the same general control, or where the income
\AJ
of such corporations accrues for the benefit of sub-
stantially the same shareholders, the income derived
from logging operations by each of such corporations
shall be determined in accordance with sections 3
and 4, and the incomes thereof, after having been
so determined, shall be combined and dealt with for
the purpose of section 2 as though they were the
income of one and the same taxpayer.
?'22^' 8^4°' ^* Subclause iii of clause d of section 4 of The Logging
ci- <^. ... Tax Act is amended by striking out "taxable" in the tenth
subcl. Ill, J G
amended line and by striking out "Part III" in the twelfth line and
inserting in lieu thereof "Divisions A and B of Part III".
Application 3, This Act applies in respect of the taxation years of
taxpayers commencing on and after the 1st day of January,
1962.
^^^^.'"^'^ce- 4, This Act comes into force on the day it receives Royal
ment
Assent.
Short title 5^ This Act may be cited as The Logging Tax Amendment
Act, 1962-63.
142
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BILL 143
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Nurses Act, 1961-62
Mk. Dymond
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The purpose of this Bill is to change the name of the College from
"College of Nurses" to "College of Nurses of Ontario" and to provide for
an Educational Advisory Committee.
143
BILL 143 1962-63
An Act to amend The Nurses Act, 1961-62
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Clause a of section 1 of llie Nurses Act, 1961-62 is^^|o'^^'
amended by inserting after "Nurses" in the first line "of |-j^^jf^g^'
Ontario", so that the clause shall read as follows:
{a) "College" means the College of Nurses of Ontario
established under this Act.
2.— (1) Section 2 of The Nurses Act, 1961-62 is amended i96i-62.^
by inserting after "Nurses" in the first line "of Ontario", so amended
that subsection 1 of the said section shall read as follows:
(1) There shall be a college known as the College of^<^^^®^®
Nurses of Ontario which shall be a corporation with-
out share capital.
(2) The said section 2 is further amended by adding thereto ^^l^'^g^'g
the following subsection : amended
(2) Every registered nurse is a member of the College. Members
3. Section 6 of The Nurses Act, 1961-62 is amended by ^,^|^;^8^.'6,
striking out "and" at the end of clause k and by adding ^i"®"^®*^
thereto the following clause:
(m) providing for the appointment, composition, powers
and duties of the Educational Advisory Committee.
4:. The Nurses Act, 1961-62 is amended by adding thereto i^|J-^2.
the following section : amended
6a. — (1) There shall be an Educational Advisorv Com- Educational
• ' 1 • I /^ -1 • , ' Advisory
mittee to advise the Council with respect to matters Committee
pertaining to schools of nursing and training centres.
143
Regulations
in schools
of nursing,
etc.
(2) Any regulation made by the Council pursuant to
section 6 that pertains to schools of nursing and
training centres shall be submitted to the Educa-
tional Advisory Committee at least thirty days
before it is submitted to the Lieutenant Governor in
Council for approval.
ment"*"''*' 5. This Act comes into force on the day it receives Royal
Assent.
Short title Q^ This Act may be cited as The Nurses Amendment Act,
1962-63.
143
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BILL 143
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Nurses Act, 1961-62
Mr. Dymond
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 143 1962-63
An Act to amend The Nurses Act, 1961-62
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Clause a of section 1 of The Nurses Act, 1961-62 isj^|^"^2.
amended by inserting after "Nurses" in the first line "ofs-ici.a,
Ontario", so that the clause shall read as follows:
(a) "College" means the College of Nurses of Ontario
established under this Act.
2.— (1) Section 2 of The Nurses Act, 1961-62 is amended i9|i-6^2'^
by inserting after "Nurses" in the first line "of Ontario", so amended
that subsection 1 of the said section shall read as follows:
(1) There shall be a college known as the College of*^°i'®se
Nurses of Ontario which shall be a corporation with-
out share capital.
(2) The said section 2 is further amended by adding thereto J^l^'^g^.^
the following subsection : amended
(2) Every registered nurse is a member of the College.
Members
3. Section 6 of The Nurses Act, 1961-62 is amended byj^l^;^^^.^
striking out "and" at the end of clause k and by adding a'"®"<*®<*
thereto the following clause:
{m) providing for the appointment, composition, powers
and duties of the Educational Advisory Committee.
4. The Nurses Act, 1961-62 is amended by adding thereto J^IJ-^^.
the following section: amended
6a. — (1) There shall be an Educational Advisorv Com- Educational
. 1 • 1 /^ M • 1 ' Advisory
mittee to advise the Council with respect to matters committee
pertaining to schools of nursing and training centres.
143
Regulations
in schools
of nursing,
etc.
(2) Any regulation made by the Council pursuant to
section 6 that pertains to schools of nursing and
training centres shall be submitted to the Educa-
tional Advisory Committee at least thirty days
before it is submitted to the Lieutenant Governor in
Council for approval.
Commence-
ment
5. This Act comes into force on the day it receives Royal
Assent.
Short title
6. This Act may be cited as The Nurses Amendment Act,
1962-63.
143
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BILL 144
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act respecting Certain Lands of the University of Toronto
Mr. Davis
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
MJsH \
Explanatory Note
^ The Bill removes certain trusts from the lands of the University of
UJO. Toronto described in the Schedule.
144
BILL 144 1962-63
An Act respecting
Certain Lands of the University of Toronto
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The lands and premises described in the Schedule reteaeed
hereto are hereby released and discharged from the trusts ^"^""^ *^"^*^
set out in a deed dated the 17th day of April, 1907, from The
Governors of the University of Toronto to The University
Residence Trustees and registered in the Registry Office for
the Registry Division of Toronto on the 19th day of April,
1907, as No. 25665 P., and in a deed dated the 14th day of
January, 1921, from The University Residence Trustees to
The Governors of the University of Toronto and registered
in the Registry Office for the Registry Division of Toronto
on the 14th day of February, 1921, as No. 83017 P.
2. This Act comes into force on the day it receives Royal ^^^^'"®"°®-
Assent;
3. This Act may be cited as The University of Torow/o short title
Lands Act, 1962-63.
144
SCHEDULE
DESCRIPTION OF LANDS
All and Singular those certain parcels or tracts of land and premises
situate, lying and being in the City of Toronto, in the County of York,
and more particularly described as follows:
1. Commencing at the North-east corner of Hoskin Avenue and
Devonshire Place, thence Northerly along the East limit of Devonshire
Place six hundred feet (600'), thence Easterly parallel to Hoskin Avenue
two hundred feet (200'), thence Southerly parallel to Devonshire Place
to the North limit of Hoskin Avenue six hundred feet (600'), thence
Westerly along the North limit of Hoskin Avenue two hundred feet (200')
to the place of beginning; which includes, a part of Park Lot No. 13 and
Lots Nos. 4, 5, 6, the southerly twenty-two feet (22') from front to rear
of Lot No. 40 and Lots Nos. 41, 42, 43, 44, 45, 46, 47, and 48, according
to Plan 101 E, being Plan of a sub-division of part of the University
Grounds, registered in the Registry Office for the City of Toronto;
2. Commencing at the North-west corner of Hoskin Avenue and
Devonshire Place, thence Northerly along the West limit of Devonshire
Place two hundred and forty feet (240'), thence Westerly parallel to
Hoskin Avenue one hundred and fifty feet (150'), thence Southerly parallel
to Devonshire Place two hundred and forty feet (240') to the North
limit of Hoskin Avenue, thence Easterly along the said North limit one
hundred and fifty feet (150') to the place of beginning, being otherwise
described as Lots Nos. 1, 2, 3, 7, and the Southerly twenty feet (20') of
Lot No. 8 from front to rear, according to said Plan 101 E.
144
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BILL 144
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act respecting Certain Lands of the University of Toronto
Mr. Davis
TORONTO
Printed and Published by Frank Fogg, Quern's Printer
BILL 144 1962-63
An Act respecting
Certain Lands of the University of Toronto
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The lands and premises described in the Schedule ^^"ased
hereto are hereby released and discharged from the trusts ^^^^"^ trusts
set out in a deed dated the 17th day of April, 1907, from The
Governors of the University of Toronto to The University
Residence Trustees and registered in the Registry Office for
the Registry Division of Toronto on the 19th day of April,
1907, as No. 25665 P., and in a deed dated the 14th day of
January, 1921, from The University Residence Trustees to
The Governors of the University of Toronto and registered
in the Registry Office for the Registry Division of Toronto
on the 14th day of February, 1921, as No. 83017 P.
2. This Act comes into force on the day it receives Royal ^e^*™®"°®'
Assent.
3. This Act may be cited as The University of Toronto short title
Lands Act, 1962-63.
144
SCHEDULE
DESCRIPTION OF LANDS
All and Singular those certain parcels or tracts of land and premises
situate, lying and being in the City of Toronto, in the County of York,
and more particularly described as follows:
1. Commencing at the North-east corner of Hoskin Avenue and
Devonshire Place, thence Northerly along the East limit of Devonshire
Place six hundred feet (600'), thence Easterly parallel to Hoskin Avenue
two hundred feet (200'), thence Southerly parallel to Devonshire Place
to the North limit of Hoskin Avenue six hundred feet (600'), thence
Westerly along the North limit of Hoskin Avenue two hundred feet (200')
to the place of beginning; which includes, a part of Park Lot No. 13 and
Lots Nos. 4, 5, 6, the southerly twenty-two feet (22') from front to rear
of Lot No. 40 and Lots Nos. 41, 42, 43, 44, 45, 46, 47, and 48, according
to Plan lOlE, being Plan of a sub-division of part of the University
Grounds, registered in the Registry Office for the City of Toronto;
2. Commencing at the North-west corner of Hoskin Avenue and
Devonshire Place, thence Northerly along the West limit of Devonshire
Place two hundred and forty feet (240'), thence Westerly parallel to
Hoskin Avenue one hundred and fifty feet (150'), thence Southerly parallel
to Devonshire Place two hundred and forty feet (240') to the North
limit of Hoskin Avenue, thence Easterly along the said North limit one
hundred and fifty feet (150') to the place of beginning, being otherwise
described as Lots Nos. 1, 2, 3, 7, and the Southerly twenty feet (20') of
Lot No. 8 from front to rear, according to said Plan 101 E.
144
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BILL 145
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Corporations Information Act
Mr. Yaremko
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1 — Subsection 1. Under The Corporations Act it is necessary
in certain cases for the Department to send notices to the directors of
record of a corporation, and it is therefore necessary for the Department
to have some address on record to which such notices mav be sent.
Subsection 2. The burden imposed upon corporations by the re-
pealed provisions, which provided for naming a representative in Ontario
for the purpose of service of process on the corporation, has proved to be
greater than the benefits to be derived therefrom. The provisions are
therefore repealed.
Subsection 3. Subsection 8 provides a penalty for a president or
director of a corporation who makes a false certificate in an annual return.
Occasionally a return is filed and the certificate thereto is false, but
the certificate, while purporting to be made by the president or a director,
is in fact made by a person who is not the president or a director of the
corporation.
This amendment will impose upon any such person the same penalty
for making a false statement as if he were in fact the president or a director
of the corporation and had made a false statement.
145
BILL 145 1962-63
An Act to amend
The Corporations Information Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Subsection 5a of section 3 of The Corporations ^- f 2^ '^^qJ^'
Information Act, as enacted by section 1 of The Corporations ^^^^-^^^^^
Information Amendment Act, 1961-62, is amended by adding c 22 s.i),
at the end thereof "and the residence address, giving street
and number, if any, of each such person", so that the sub-
section shall read as follows:
(5a) Every corporation to which subsection 1 applies shall b,^^rd^of ^^
file with the Provincial Secretary a notice of every ^*'"®^*o™
change in the membership of its board of directors
within fifteen days after the change has taken place,
and the notice shall specify the date upon which
each person became a director or ceased to be a
director, as the case may be, and the residence
address, giving street and number, if any, of each
such person.
(2) Subsections 5c and Sd of the said section 3, as enacted ^.^2^'b}^^'
by section 1 of The Corporations Information Amendment -<4c/, ("9*6 1-62' ^^
1961-62, are repealed. c. 22 s. i).
' ^ repealed
(3) Subsection 8 of the said section 3 is amended by striking ^^2^8.^3^°'
out "The president or a director of a corporation" in the^ubs-s,
first line and inserting in lieu thereof "Every person" and
by striking out "this section" in the third line and inserting
in lieu thereof "subsection 3", so that the subsection shall
read as follows:
(8) Every person who knowingly makes a statement Offence
false in any material particular in a certificate
required by subsection 3 is guilty of an offence and
on summary conviction is liable to a fine of not more
than $1,000 or to imprisonment for a term of not
more than three months, or both.
145 '
c!'"72?s.^3^^' (^) ^^^ ^^^^ section 3 is amended by adding thereto the
amended following subsections:
Limitation
upon prose-
cutions
(8a) No prosecution under subsection 8 shall be com-
menced more than one year after the facts upon
which the prosecution is based first come to the
personal knowledge of the Provincial Secretary or
Deputy Provincial Secretary.
Onus of
proof
(86) In a prosecution under subsection 8, the onus is upon
the accused to establish that he did not know that
the statement was false or that he had reasonable
grounds to believe that the statement was true.
Certificate
as proof
(14) A certificate purporting to be under the seal of the
Provincial Secretary and under the hand of the
Provincial Secretary or the Deputy Provincial
Secretary that the person named in the certificate
on the date or during the period specified in the
certificate is shown on the records in the office of the
Provincial Secretary as a director or officer of the
corporation named in the certificate is admissible
as prima facie proof in a prosecution or action under
this section that such person is so shown and that
such person is or was a director or officer, as the
case may be, of such corporation on such date or
during such period, without proof of the seal of
office of the Provincial Secretary or of the signature
or of the official character of the person appearing
to have signed the certificate.
Commence-
ment
2. This Act comes into force on the day it receives Royal
Assent.
Short title
3. This Act may be cited as The Corporations Information
Amendment Act, 1962-63.
145
Subsection 4. These provisions are new. They are self-explanatory
and will enable the Department to prosecute effectively persons who
contravene the annual return provisions of the Act.
Under the present law a prosecution must be initiated within six
months after the false statement was made. The extension to one year
after the facts become known to the Department is required in order that
the Department may enforce the provision effectively.
145
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BILL 145
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Corporations Information Act
Mr. Yaremko
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Vi
BILL 145 1962-63
An Act to amend
The Corporations Information Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Subsection 5a of section 3 of The Corporations^-^^'^^^'
Information Act, as enacted by section 1 of The Corporations ^^^s' ^a
Information Amendment Act, 1961-62, is amended by adding c. 22, s. i),
at the end thereof "and the residence address, giving street ^"^
and number, if any, of each such person", so that the sub-
section shall read as follows:
(5a) Every corporation to which subsection 1 applies shall b(^ard^of ^"
file with the Provincial Secretary a notice of every directors
change in the membership of its board of directors
within fifteen days after the change has taken place,
and the notice shall specify the date upon which
each person became a director or ceased to be a
director, as the case may be, and the residence
address, giving street and number, if any, of each
such person.
(2) Subsections 5c and 5d of the said section 3, as enacted ^.'72!^^%^^'
by section 1 of The Corporations Information Amendment ^c/, ("g^^-.gg' ^^
1961-62, are repealed. r4plaied^^"
(3) Subsection 8 of the said section 3 is amended by striking ^-^g^s.^lf^'
out "The president or a director of a corporation" in the^^^^s^l'^
first line and inserting in lieu thereof "Every person" and
by striking out "this section" in the third line and inserting
in lieu thereof "subsection 3", so that the subsection shall
read as follows:
(8) Every person who knowingly makes a statement Offence
false in any material particular in a certificate
required by subsection 3 is guilty of an ofTence and
on summary conviction is liable to a fine of not more
than $1,000 or to imprisonment for a term of not
more than three months, or both.
145
c^'72°s^3^°' (^^ ^^^ ^^^^ section 3 is amended by adding thereto the
amended following subsections:
Limitation
upon prose-
cutions
(8a) No prosecution under subsection 8 shall be com-
menced more than one year after the facts upon
which the prosecution is based first come to the
personal knowledge of the Provincial Secretary or
Deputy Provincial Secretary.
Onus of
proof
(86) In a prosecution under subsection 8, the onus is upon
the accused to establish that he did not know that
the statement was false or that he had reasonable
grounds to believe that the statement was true.
Certificate
as proof
Commence-
ment
(14) A certificate purporting to be under the seal of the
Provincial Secretary and under the hand of the
Provincial Secretary or the Deputy Provincial
Secretary that the person named in the certificate
on the date or during the period specified in the
certificate is shown on the records in the office of the
Provincial Secretary as a director or officer of the
corporation named in the certificate is admissible
as prima facie proof in a prosecution or action under
this section that such person is so shown and that
such person is or was a director or officer, as the
case may be, of such corporation on such date or
during such period, without proof of the seal of
office of the Provincial Secretary or of the signature
or of the official character of the person appearing
to have signed the certificate.
2. This Act comes into force on the day it receives Royal
Assent.
Short title
3. This Act may be cited as The Corporations Information
Amendment Act, 1962-63.
145
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BILL 146
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Corporations Act
Mr. Yaremko
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1. Under the present Act the minimum number of applicants
required for the incorporation of any corporation, either with or without
share capital, is three. The new provision will require at least ten applicants
in the case of social clubs.
Section 2. These provisions, applicable to incorporated social clubs,
have been included in letters patent since 1950 and have been set out in
the regulations under the Act since 1954. They did not apply to social
clubs incorporated before 1950.
They are now transferred to the Act and made applicable to all social
clubs.
146
BILL 146 1962-63
An Act to amend The Corporations Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 3 of The Corporations Act is amended by adding ^1^0^1960,
thereto the following subsection : amended '
(la) Notwithstanding subsection 1, where the objects for^j°''^|^
which the corporation is to be incorporated are in
whole or in part of a social nature, the number of
applicants shall be not fewer than ten.
2. The Corporations Act is amended by adding thereto the^|-0- 1960.
following section: amended
325a. Notwithstanding anything to the contrary in any f^^^l^f^^^'^^*
Act, in any letters patent or in any supplementary cancellation
letters patent, if it is made to appear to the satisfac-
tion of the Provincial Secretary that a corporation
that has objects in whole or in part of a social nature,
(a) occupies and uses a house, room or place as a
club that, except for paragraph a of subsec-
tion 2 of section 168 of the Criminal Coc^ecfli (Can.)
(Canada), would be a common gaming house
within the meaning of paragraph d of sub-
section 1 of the said section 168; or
{b) occupies premises that are equipped, guarded,
constructed or operated so as to hinder or
prevent lawful access to and inspection by
police or fire officers, or are found fitted or
provided with any means or contrivance for
playing any game of chance or any mixed
game of chance and skill, gaming or betting
or with any device for concealing, removing
or destroying such means or contrivance,
the Lieutenant Governor may make an order under
subsection 1 of section 326.
146 :.. ^
c^fi'^s^ile' ^' Section 326 of The Corporations Act is amended by
amended adding thereto the following subsections:
Inquiry-
Powers of
inquiring
officer
Witnesses
Witness may
be required
to answer
R.S.O. 1960,
c. 125
Appeal
Rules on
appeal
Provincial
Secretary
to be heard
No costs
(la) The Provincial Secretary, under such circumstances
and at any time as he in his discretion thinks ad-
visable, may authorize any officer of the Department
of the Provincial Secretary to conduct an inquiry
for the purpose of determining whether or not there
is sufficient cause for the making of an order under
subsection 1.
(lb) Every officer so authorized has the power to summon
any person to appear before him as a witness in such
inquiry and to require such person to give evidence
on oath, touching any matter relevant to the purpose
of the inquiry, and to produce such documents and
things as such officer deems requisite for that
purpose.
(Ic) Every such officer has the same power to enforce the
attendance of witnesses and to compel them to give
evidence and to produce documents and things as is
vested in any court in civil cases.
(Id) Section 9 of The Evidence Act applies to any witness
and to the evidence given by him before any such
officer in any such inquiry.
(le) An appeal lies from an order made under subsection 1
to the Court of Appeal upon a question of law only.
(1/) The rules and practice applicable to an appeal from
a judge of the Supreme Court to the Court of
Appeal are applicable, as nearly as may be, to an
appeal under subsection le.
(Ig) The Provincial Secretary is entitled to be heard,
by counsel or otherwise, upon the argument of any
such appeal.
(Ih) No costs are payable by or to any person by reason
of or in respect of any such appeal.
R.s^o. I960, ^^ y-^g Corporations Act is amended by adding thereto the
amended following section:
Continuation
of existence
for limited
period for
particular
purpose
326a. Notwithstanding its dissolution under section 326,
a corporation continues in existence,
(a) for a period of three years after the date of
its dissolution for the purpose only of prose-
cuting or defending any action, suit or other
proceeding commenced by or against it prior
to its dissolution; and
146
Section 3. These new provisions authorize the Provincial Secretary
to order an inquiry, from which an appeal lies to the Court of Appeal,
before cancelling the letters patent of a corporation for cause.
Section 4. Under section 326 of the Act letters patent may be
cancelled (1) where sufficient cause is shown, and (2) where the corporation
is in default for a period of three years in filing its annual returns.
The purpose of the new section 326a is to provide for the continuation of
the cancellation proceedings without affecting any other outstanding
proceedings.
146
Section 5 — Subsection 1. This amendment will create an offence for
making a false statement in an affidavit of bona fides required to be filed
under the regulations for the incorporation of a corporation.
Subsection 2. Under the present law a prosecution must be instituted
within six months after the false statement was made. The extension to
one year after the facts become known to the Department is required in
order that the Department may enforce the Act effectively.
146
(b) until such time, beyond the three-year period
mentioned in clause a, if necessary, as any
decree, order or judgment of a court of
competent jurisdiction in any such action,
suit or other proceeding is fully executed.
5. — (1) Section 339 of The Corporations Act is amended by ^fj^i^^l^^'
inserting after "Act" in the third line "or the regulations a'^e'i'iod
made under this Act", so that subsection 1 of the said section
shall^read as follows:
(1) Every person who makes or assists in making abatements
statement in any return, certificate, financial state-
ment or other document required by or for the
purposes of this Act or the regulations made under
this Act, knowing it to be untrue, is guilty of an
offence and on summary conviction is liable to a fine
of not more than $1,000 or to imprisonment for a
term of not more than three months, or to both.
(2) The said section 339 is further amended by adding ^Ij^g^ll^-
thereto the following subsection : amended
(2) No prosecution under subsection 1 shall be com- ^^^^itation
menced more than one year after the facts upon
which the prosecution is based first came to the
personal knowledge of the Provincial Secretary or
Deputy Provincial Secretary.
6. This Act comes into force on the day it receives Royal ment"^'^'^^'
Assent.
7. This Act may be cited as The Corporations Amendment ^^°^^ ^^^^^
Act, 1962-63 {No. 2).
146
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BILL 146
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Corporations Act
Mr. Yaremko
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 146 1962-63
An Act to amend The Corporations Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 3 of The Corporations Act is amended by adding R^S-O. i960,
thereto the following subsection : amended '
(Ifl) Notwithstanding subsection 1, where the objects for^j^^^|'
which the corporation is to be incorporated are in
whole or in part of a social nature, the number of
applicants shall be not fewer than ten.
2. The Corporations Act is amended by adding thereto the^-^-O- i^^o,
following section: amended
325a. Notwithstanding anything to the contrary in any |^^^|'jP^^^^'
Act, in any letters patent or in any supplementary cancellation
letters patent, if it is made to appear to the satisfac-
tion of the Provincial Secretary that a corporation
that has objects in whole or in part of a social nature,
(a) occupies and uses a house, room or place as a
club that, except for paragraph a of subsec-
tion 2 of section 168 of the Criminal Coc?ec^|i"(Can.)
(Canada), would be a common gaming house
within the meaning of paragraph d of sub-
section 1 of the said section 168; or
{h) occupies premises that are equipped, guarded,
constructed or operated so as to hinder or
prevent lawful access to and inspection by
police or fire officers, or are found fitted or
provided with any means or contrivance for
playing any game of chance or any mixed
game of chance and skill, gaming or betting
or with any device for concealing, removing
or destroying such means or contrivance,
the Lieutenant Governor may make an order under
subsection 1 of section 326.
146
Rf:O-i960, 3^ Section 326 of The Corporations Act is amended by
amended adding thereto the following subsections:
Inquiry
Powers of
inquiring
officer
Witnesses
Witness may
be required
to answer
R.S.O. 1960,
c. 125
Appeal
Rules on
appeal
Provincial
Secretary
to be heard
No costs
(la) The Provincial Secretary, under such circumstances
and at any time as he in his discretion thinks ad-
visable, may authorize any ofificer of the Department
of the Provincial Secretary to conduct an inquiry
for the purpose of determining whether or not there
is sufificient cause for the making of an order under
subsection 1.
(16) Every ofificer so authorized has the power to summon
any person to appear before him as a witness in such
inquiry and to require such person to give evidence
on oath, touching any matter relevant to the purpose
of the inquiry, and to produce such documents and
things as such ofificer deems requisite for that
purpose.
(Ic) Every such ofificer has the same power to enforce the
attendance of witnesses and to compel them to give
evidence and to produce documents and things as is
vested in any court in civil cases.
(1^) Section 9 of The Evidence Act applies to any witness
and to the evidence given by him before any such
officer in any such inquiry.
{\e) An appeal lies from an order made under subsection 1
to the Court of Appeal upon a question of law only.
(1/) The rules and practice applicable to an appeal from
a judge of the Supreme Court to the Court of
Appeal are applicable, as nearly as may be, to an
appeal under subsection le.
{\g) The Provincial Secretary is entitled to be heard,
by counsel or otherwise, upon the argument of any
such appeal.
(l/^) No costs are payable by or to any person by reason
of or in respect of any such appeal.
R.S.O. I960,
o. 71,
amended
Continuation
of existence
for limited
period for
particular
purpose
4. The Corporations Act is amended by adding thereto the
following section:
326a. Notwithstanding its dissolution under section 326,
a corporation continues in existence,
(a) for a period of three years after the date of
its dissolution for the purpose only of prose-
cuting or defending any action, suit or other
proceeding commenced by or against it prior
to its dissolution; and
146
(b) until such time, beyond the three-year period
mentioned in clause a, if necessary, as any
decree, order or judgment of a court of
competent jurisdiction in any such action,
suit or other proceeding is fully executed.
5. — (1) Section 339 of The Corporations Act is amended by ^fi^g^slg'
inserting after "Act" in the third line "or the regulations amended
made under this Act", so that subsection 1 of the said section
shall read as follows:
(1) Every person who makes or assists in making a^^tenfente
statement in any return, certificate, financial state-
ment or other document required by or for the
purposes of this Act or the regulations made under
this Act, knowing it to be untrue, is guilty of an
offence and on summary conviction is liable to a fine
of not more than $1,000 or to imprisonment for a
term of not more than three months, or to both.
(2) The said section 339 is further amended by adding ^IjOgi^l^.
thereto the following subsection : amended
(2) No prosecution under subsection 1 shall be com- Limitation
, , f , f of action
menced more than one year after the facts upon
which the prosecution is based first came to the
personal knowledge of the Provincial Secretary or
Deputy Provincial Secretary.
6. This Act comes into force on the day it receives Royal ment"*"^*'
Assent.
7. This Act may be cited as The Corporations Amendment ^^°^^ ^^^^^
Act, 1962-63 (No. 2).
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BILL 147
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Apprenticeship Act
Mr. Rowntree
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The purpose of this Bill is to remove the age limit of apprentices in
Schedule A trades.
147
BILL 147 1962-63
An Act to amend The Apprenticeship Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subclause i of clause a of section 1 of The Apprenticeship '^■^;p ■^'^^^^ >
Act is amended by striking out "minor" in the second lineal, a,' .
1 • • • 1- 1 f ii n 1 1 11 SUbc'l. 1,
and msertmg m lieu thereof person , so that the subclause amended
shall read as follows:
(i) in any of the designated trades specified in or added
to Schedule A, a person at least sixteen years of age
who enters into a contract of service whereby he is
to receive from or through his employer in whole or *
in part training and instruction in such designated
trade, and
2. This Act comes into force on the day it receives Royal ^ommence-
Assent.
3. This Act may be cited as The Apprenticeship Amend- ^^ort tme
ment Act, 1962-63.
147
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BILL 147
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Apprenticeship Act
Mr. Rowntree
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 147 1962-63
An Act to amend The Apprenticeship Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subclause i of clause a of section 1 of The Apprenticeship R-S.o. i960.
Act is amended by striking out "minor" in the second lineci. o,'
subpl i
and inserting in lieu thereof "person", so that the subclause amended
shall read as follows:
(i) in any of the designated trades specified in or added
to Schedule A, a person at least sixteen years of age
who enters into a contract of service whereby he is
to receive from or through his employer in whole or
in part training and instruction in such designated
trade, and
2. This Act comes into force on the day it receives Royal ^ent"^'^'^*'
Assent.
3. This Act may be cited as The Apprenticeship Amend- s^ort title
ment Act, 1962-63.
147
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BILL 148
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to authorize the Raising of Money on the Credit
of the Consolidated Revenue Fund
Mr. Allan (Haldimand-Norfolk)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 148 1962-63
An Act to authorize the Raising of Money on
the Credit of the Consolidated Revenue Fund
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) The Lieutenant Governor in Council is hereby Loans up to
, . , . r • -1 f 1 1 $125,000,000
authorized to raise irom time to time by way ot loan such authorized
sum or sums of money as are deemed expedient for any or
all of the following purposes: for the public service, for works
carried on by commissioners on behalf of Ontario, for dis-
charging any indebtedness or obligation of Ontario or for
reimbursing the Consolidated Revenue Fund for any moneys
expended in discharging any indebtedness or obligation of
Ontario, for making any payments authorized or required by
any Act to be made out of the Consolidated Revenue Fund or
for reimbursing the Consolidated Revenue Fund for any
payments so authorized or required, and for the carrying on
of the public works authorized by the Legislature; provided
that the principal amount of any securities issued and sold
for the purpose of raising any sum or sums of money by way
of loan authorized by this Act together with the amount of
any temporary loans raised under this Act, to the extent that
such temporary loans are from time to time outstanding or
have been paid from the proceeds of securities issued and sold
under the authority of The Financial Administration Act foro.'i42'^^ '
the purpose of such payment, shall not exceed in the aggregate
$125,000,000.
(2) The sum or sums of money authorized to be raised by^*^®*"
subsection 1 for the purposes mentioned therein shall be in
addition to all sums of money authorized to be raised by way
of loan under any other Act.
2. Any such sum or sums may be raised in any manner i^®"™
provided by The Financial Administration Act and shall be
raised upon the credit of the Consolidated Revenue Fund
and shall be chargeable thereupon.
148
S.ent"*'^*'^ 3. This Act comes into force on the day it receives Royal
Assent.
Short title 4. This Act may be cited as The Ontario Loan Act, 1962-63.
148
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BILL 148
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to authorize the Raising of Money on the Credit
of the Consolidated Revenue Fund
Mr. Allan (Haldimand-Norfolk)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 148 1962-63
An Act to authorize the Raising of Money on
the Credit of the Consolidated Revenue Fund
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) The Lieutenant Governor in Council is hereby Loans up to
$125 000 000
authorized to raise from time to time by way of loan such authorized
sum or sums of money as are deemed expedient for any or
all of the following purposes: for the public service, for works
carried on by commissioners on behalf of Ontario, for dis-
charging any indebtedness or obligation of Ontario or for
reimbursing the Consolidated Revenue Fund for any moneys
expended in discharging any indebtedness or obligation of
Ontario, for making any payments authorized or required by
any Act to be made out of the Consolidated Revenue Fund or
for reimbursing the Consolidated Revenue Fund for any
payments so authorized or required, and for the carrying on
of the public works authorized by the Legislature; provided
that the principal amount of any securities issued and sold
for the purpose of raising any sum or sums of money by way
of loan authorized by this Act together with the amount of
any temporary loans raised under this Act, to the extent that
such temporary loans are from time to time outstanding or
have been paid from the proceeds of securities issued and sold
under the authority of The Financial Administration Act fore. '142"
the purpose of such payment, shall not exceed in the aggregate
$125,000,000.
(2) The sum or sums of money authorized to be raised by i'^®'"
subsection 1 for the purposes mentioned therein shall be in
addition to all sums of money authorized to be raised by way
of loan under any other Act.
2. Any such sum or sums may be raised in any manner i^em
provided by The Financial Administration Act and shall be
raised upon the credit of the Consolidated Revenue Fund
and shall be chargeable thereupon.
148
Commence- 3, Xhis Act comes into force on the day it receives Royal
ment •'
Assent.
Short title 4. This Act may be cited as The Ontario Loan Act, 1962-63.
148
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BILL 149
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to provide for Compensation for
Damage to Property by Hunters
A/Ir. Stewart
TORONTO
Pkinti:d and Published by Frank Fogg, Queen's Printer
Explanatory Note
This Bill provides for the payment of compensation for death of or
injury to live stock or damage to property where the death, injury or
damage is occasioned by a hunter.
149
BILL 149 1962-63
An Act to provide for Compensation for
Damage to Property by Hunters
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, i^tW'-«-
(a) "live stock" means cattle, horses, sheep, swine or
poultry;
{b) "Minister" means the Minister of Agriculture;
(c) "regulations" means the regulations made under this
Act.
2. The Lieutenant Governor in Council may appoint Appoint-
persons to act as valuers for the purposes of this Act. valuers
3. — (1) Where death of or injury to live stock, or damage Application
to such classes of property as are designated in the regulations, p^ensation
is occasioned by a hunter, the person who would have a
cause of action against the hunter in respect of such death,
injury or damage may make an application for compensation
to the Minister in the manner prescribed in the regulations.
(2) The Minister may, in respect of an application made Payment
under subsection 1, pay to the applicant such amount as thepensation
Minister deems reasonable, but not exceeding the market value
of the live stock or other property in respect of which payment
is made.
(3) Where an amount has been paid under subsection 2,|!j|j^i^*|^g^
the Minister is subrogated to the rights of the person to whom to rights of
such amount has been paid and the Minister may maintain
an action in his name or in the name of such person against
any other person or persons responsible for the death, injury
or damage in respect of which such amount has been paid.
149
Coifso^udated ** ^^^ moneys required for the purposes of this Act shall
Fund'^untii ^^ P^^^ °"^ °^ ^^^ Consolidated Revenue Fund until the 31st
March 31, day of March, 1964, and thereafter out of such moneys as are
appropriated therefor by the Legislature.
Regulations 5. The Lieutenant Governor in Council may make regula-
tions,
(a) designating classes of persons to whom this Act shall
not apply;
(b) designating classes of property to which section 3
applies;
(c) prescribing the manner of making an application for
compensation ;
(d) prescribing the conditions under which an applica-
tion for compensation may be made;
(e) prescribing the conditions under which compensation
may be paid;
(/) prescribing forms and providing for their use;
(g) prescribing the duties of valuers;
(h) respecting any matter necessary or advisable to
carry out effectively the intent and purpose of this
Act.
Commence- 6. This Act comes into force on the day it receives Royal
Assent.
Short title 7. This Act may be cited as The Hunter Damage Compensa-
tion Act, 1962-63.
149
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BILL 149
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to provide for Compensation for
Damage to Property by Hunters
Mr. Stewart
TORONTO
Pkintkd and Published by Frank Fogg, Queen's Printer
BILL 149 1962-63
An Act to provide for Compensation for
Damage to Property by Hunters
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, i-tfoT-
(a) "live stock" means cattle, horses, sheep, swine or
poultry;
(b) "Minister" means the Minister of Agriculture;
(c) "regulations" means the regulations made under this
Act.
2. The Lieutenant Governor in Council may appoint ^pp^^^^"
persons to act as valuers for the purposes of this Act. valuers
3.— (1) Where death of or injury to live stock, or damage ^?Pom*^°''
to such classes of property as are designated in the regulations, pensation
is occasioned by a hunter, the person who would have a
cause of action against the hunter in respect of such death,
injury or damage may make an application for compensation
to the Minister in the manner prescribed in the regulations.
(2) The Minister may, in respect of an application made^^^^^"*
under subsection 1, pay to the applicant such amount as thepensation
Minister deems reasonable, but not exceeding the market value
of the live stock or other property in respect of which payment
is made.
(3) Where an amount has been paid under subsection 2,^|j'J.'^*|^qj
the Minister is subrogated to the rights of the person to whom to rights of
such amount has been paid and the Minister may maintain
an action in his name or in the name of such person against
any other person or persons responsible for the death, injury
or damage in respect of which such amount has been paid.
149
consoHda°ed '^^ ^^^ moneys required for the purposes of this Act shall
Revenue be paid out of the Consolidated Revenue Fund until the 31st
Fund until , r -^ r i^^^j 11 r r 1
March 31, day of March, 19o4, and thereafter out of such moneys as are
appropriated therefor by the Legislature.
1964
Regulations g^ -j^^ Lieutenant Governor in Council may make regula-
tions,
(a) designating classes of persons to whom this Act shall
not apply;
(b) designating classes of property to which section 3
applies;
(c) prescribing the manner of making an application for
compensation;
(d) prescribing the conditions under which an applica-
tion for compensation may be made;
(e) prescribing the conditions under which compensation
may be paid;
(/) prescribing forms and providing for their use;
(g) prescribing the duties of valuers;
(h) respecting any matter necessary or advisable to
carry out effectively the intent and purpose of this
Act.
ment"®"*^®' 6. This Act comes into force on the day it receives Royal
Assent.
Short title j^ 'pj^jg ji^^^ j^^y j^g cited as Tke Hunter Damage Compensa-
tion Act, 1962-63.
149
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BILL 150
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Jurors Act
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
OJir iJlH
rtnl ^(i'T bn^rntj
Explanatory Note
The purpose of this Bill is to provide in special circumstances for
additional jurors where the jury list has been prepared.
150
BILL 150
1962-63
An Act to amend The Jurors Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Jurors Act is amended by adding thereto the ^fgg; •^^®*''
following section: amended
43a. — (1) Notwithstanding any other provision of this ^^^^^^^'^'K
Act, where in special circumstances the Chief
Justice of the High Court is satisfied that a jury list
prepared in the manner provided by this Act will
not provide a sufficient number of jurors for the
purposes of any sittings of any court for which such
jury list was prepared, he may order the sheriff to
enlarge such jury list by adding thereto, in the
manner hereinafter provided, such number of addi-
tional names as the Chief Justice deems necessary.
(2) Upon receipt of such an order, the sheriff shall forth- ^"*|^ ^^.
with attend at the office of the clerk of the peace selecting
and select the additional number of jurors required number
from the names not marked as transferred to a jury° J"'"""
list on the proper jurors' roll.
(3) Where there is not a sufficient number of names upon if not a
I • » 11 1 1 Tf 1 11 t sufficient
the proper jurors roll, the sheriff shall select so number on
many of the additional number of jurors as are re-
quired from the names not marked as transferred to
a jury list on any of the jurors' rolls in the current
jurors' book or on any of the jurors' rolls in the
jurors' book of the nearest or any preceding year for
which there is a jurors' book or a certified copy thereof
in existence.
(4) The clerk of the peace shall thereupon transfer thei^"*'esof
names selected by the sheriff to the jury list and shall the peace
mark each of such names on the appropriate jurors'
150
roll as transferred to the jury list by a reference to
the jury list to which it has been transferred and the
number belonging to it on that list.
Sheriff and
clerk of the
peace to
certify
enlarged
jury list
Commence-
ment
(5) As soon as the additional names have been added to
^ the jury list, the sheriff and the clerk of the peace
'• shall certify under their hands in the jurors* book,
immediately after such additional names, that the
jury list has been enlarged pursuant to this section,
and the jurors' book with the jury list so enlarged
and certified shall then be returned to the custody of
the clerk of the peace.
2. This Act comes into force on the day it receives Royal
Assent.
Short title
3. This Act may be cited as The Jurors Amendment Act,
1962-63.
:\rj:.ili
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BILL 150
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Jurors Act
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 150 1962-63
An Act to amend The Jurors Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Jurors Act is amended by adding thereto the ^fgg" ^^^^'
following section: amended
43a. — (1) Notwithstanding any other provision of this ^^^^^p^^^s
Act, where in special circumstances the Chief
Justice of the High Court is satisfied that a jury list
prepared in the manner provided by this Act will
not provide a sufficient number of jurors for the
purposes of any sittings of any court for which such
jury list was prepared, he may order the sheriff to
enlarge such jury list by adding thereto, in the
manner hereinafter provided, such number of addi-
tional names as the Chief Justice deems necessary,
(2) Upon receipt of such an order, the sheriff shall forth- ^"*i^ °^.
with attend at the office of the clerk of the peace selecting
and select the additional number of jurors required number
from the names not marked as transferred to a jury" •'"'"^'"^
list on the proper jurors' roll.
(3) Where there is not a sufficient number of names upon if "o* »,
1 • > 11 1 1 -rr 1 11 1 sufficient
the proper jurors roll, the sherirt shall select so number on
many of the additional number of jurors as are re-''
quired from the names not marked as transferred to
a jury list on any of the jurors' rolls in the current
jurors' book or on any of the jurors' rolls in the
jurors' book of the nearest or any preceding year for
which there is a jurors' book or a certified copy thereof
in existence.
(4) The clerk of the peace shall thereupon transfer the Duties of
names selected by the sheriff to the jury list and shall the peace
mark each of such names on the appropriate jurors'
150
%
Sheriff and
clerk of the
peace to
certify
enlarged
jury list
roll as transferred to the jury list by a reference to
the jury list to which it has been transferred and the
number belonging to it on that list.
(5) As soon as the additional names have been added to
the jury list, the sherifif and the clerk of the peace
shall certify under their hands in the jurors' book,
immediately after such additional names, that the
jury list has been enlarged pursuant to this section,
and the jurors' book with the jury list so enlarged
and certified shall then be returned to the custody of
the clerk of the peace.
Commence-
ment
2. This Act comes into force on the day it receives Royal
Assent.
Short title
3. This Act may be cited as The Jurors Amendment Act,
1962-63.
150
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BILL 151
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Securities Act
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
The purpose of this Bill is,
(i) to re-organize the Ontario Securities Commission so that the
Commission will determine matters of general policy, initiate
investigations and review suspensions and cancellations of regis-
trations, while a new officer, to be known as the director, will
direct the day-to-day operations of the Commission;
(ii) to provide that a registration shall not be suspended or cancelled
by the director without affording the registrant an opportunity
to be heard, except that in unusual circumstances a registration
may be suspended, but in these cases an immediate hearing and
review by the Commission is provided;
(iii) to provide the right to a hearing and review by the Commission
of any order of the director suspending or cancelling a registration;
(iv) to give the Commission a second and wider power to investigate,
which may be exercised only with the consent of the Attorney
General.
151
BILL 151 1962-63
An Act to amend The Securities Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 1 of The Securities Act is amended by adding R.s.o. i960,
thereto the following clause: amended '
{da) "director" means the director of the Commission
appointed under this Act.
2. Subsection 2 of section 2 of The Securities Act is repealed R.s.o. i960,
and the following substituted therefor: subs. 2, ' '
re-enacted
(2) Two members of the Commission constitute a Quorum
quorum.
R.s.o. 1960,
3. Sections 3, 4 and 5 of The Securities Act are repealed ^^ 363^
and the following substituted therefor: re-enacted;
repealed
3. There shall be a branch of the Department of the securities
Attorney General, to be known as the Securities
Branch, which shall consist of the Commission, the
director, the registrar and such other officers, clerks,
stenographers and employees as are appointed under
The Public Service Act, 1961-62. i96i-62.
c. 121
4. The director may exercise the powers and shall of'di'rect'cfr
perform the duties vested in or imposed upon him
by this Act, and he may exercise the powers and shall
perform the duties vested in or imposed upon the
Commission by this Act or the regulations that are
assigned to him by the Commission, except those
mentioned in sections 21 to 27 and 29, and, subject
to the direction of the Commission, he shall have
control of the administration of the Securities
Branch and the staff thereof.
151
?'363: i.^e!'' *•—(!) Subsection 2 of section 6 of The Securities Act
ameAded ^^ amended by inserting after "thereof" in the eighth line
"who are designated by the director as trading ofificials", so
that the subsection shall read as follows:
Where
separate
registration
of partners,
officers and
officials not
required
(2) Where a person or company is registered as a broker,
investment dealer, broker-dealer, investment counsel
or securities adviser, every partner or officer of such
person or company may act as a broker, investment
dealer, broker-dealer, investment counsel or securities
adviser, as the case may be, on behalf of such person
or company without separate registration, and, where
a company is registered as a security issuer, the
officials thereof who are designated by the director
as trading officials may act on its behalf in connec-
tion with a trade in a security by such company
without separate registration.
^iei' 8^6^' ^^^ Subsection 4 of the said section 6 is amended by striking
subs. 4 ' out "Commission" in the seventh line and inserting in lieu
thereof director .
5. — (1) Section 7 of The Securities Act is amended by
R.S.O. I960.
C. 363, 8. 7,
amended strikmg out "Commission" in the first line and in the second
and third lines and inserting in lieu thereof in each instance
"director".
c!"f63," 8.^7°' (2) The said section 7 is further amended by adding thereto
amended the following subsection :
Refusal of
registration
(2) The director shall not refuse to grant or refuse to
renew registration without giving the applicant an
opportunity to be heard.
? '363,' 8.^8?' ^* Section 8 of The Securities Act is repealed and the
re-enacted' following substituted therefor:
Suspension,
cancellation
8. The director, after giving the registrant an oppor-
tunity to be heard, shall suspend or cancel any
registration where in his opinion such action is in the
public interest, but, where the granting of an oppor-
tunity to be heard would in his opinion be prejudicial
to the public interest, he may suspend any registra-
tion without giving the registrant an opportunity to
be heard, in which case he shall forthwith notify the
registrant of the suspension and of a hearing and
review to be held before the Commission within
fifteen days of the date of the suspension, which
hearing and review shall be deemed to be a hearing
and review under section 29.
151
7. Section 9 of The Securities Act is repealed and the^|g^-^^|^'
following substituted therefor: re-enacted'
9. A further application for registration may be made appi^ltion
upon new or other material or where it is clear that [°^^^®^*^"
material circumstances have changed.
8. Section 12 of The Securities Act is amended by striking ^fgg- ^^^2,'
out "registrar may and" in the first line and inserting in Heu^'"®"^®^ ^i
thereof "director" and by adding at the end thereof "by a
person designated by the Commission", so that the section
shall read as follows:
12. The director shall when so directed by the Com- ?!^fo*^^tion
mission 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 the applicant or the
registered person or any partner, officer, director or
employee of the registered person or company to
submit to examination under oath by a person
designated by the Commission.
9. — (1) Subsection 1 of section 14 of The Securities Act is ^fes" 3.^14''
amended by striking out "Commission" in the second line^^^s-i' , »j^
J • • • !• I r (1 f )) amenaea jSB
and msertmg m lieu thereof director .
(2) Subsection 2 of the said section 14 is amended by^fgg-^ff^;
striking out "Commission" in the third line and inserting in|^gj:^|^jj
lieu thereof "director".
10. — (1) Section 21 of The Securities Act is amended by^-|g^-^^|J'
adding thereto the following subsection: amended
(la) The Commission may, with the consent of the^*^®'"
Attorney General, by order appoint any person to
make such investigation as it deems expedient for
the due administration of this Act or into any matter
relating to a trade in securities, and in such order shall
determine and prescribe the scope of the investiga-
tion.
(2) Subsection 2 of the said section 21 is amended by ^fg^- ^^|5'
striking out "subsection 1" in the second line and inserting |ubs^2
in lieu thereof "this section".
(3) Subsection 3 of the said section 21 is amended by ^s^O- 19|0.
striking out "For the purposes of subsections 1 and 2, the subs. 3,'
person making the investigation" in the first and second lines
151
4
Power to
summon
witnesses
and require
production
and inserting in lieu thereof "The person making an investiga-
tion under this section", so that the subsection, exclusive of
the clauses, shall read as follows:
(3) The person making an investigation under this
section has the same power to summon and enforce
the attendance of witnesses and compel them to give
evidence on oath or otherwise, and to produce
documents, records and things as is vested in the
Supreme Court or a judge thereof for the trial of
civil actions, provided that,
c^lea,' s.^ii! ('*) Clause c of subsection 3 of the said section 21 is amended
amended*'^' '^' ^^ inserting after "client" in the fourth line "unless the client
consents", so that the clause shall read as follows:
(c) no person shall refuse to answer any question upon
any ground of privilege, provided that a solicitor
shall not be required to disclose any communications
between himself and his client unless the client
consents; and
R.S.O. I960,
c. 363, 8. 23,
amended
11. Section 23 of The Securities Act is amended by striking
out "an investigation" in the second line and inserting in
lieu thereof "such investigation as he deems expedient for the
due administration of this Act or", so that the section shall
read as follows:
Investiga-
tion under
order of
Attorney
General
23. Notwithstanding section 21, the Attorney General
may by order appoint any person to make such
investigation as he deems expedient for the due
administration of this Act or into any matter relating
to a trade in securities, in which case the person so
appointed, for the purposes of the investigation, has
the same authority, powers, rights and privileges as
a person appointed under section 21.
^■fes,' s.^ii; 12* Section 28 of The Securities Act is repealed and the
re-enacted following substituted therefor:
Notice of
direction,
decision, etc.
28. A notice of every direction, decision, order or ruling
of the director shall be served upon any person or
company who in the opinion of the director is affected
by the direction, decision, order or ruling at the
address of such person or company appearing on the
records of the Commission.
151
13. Section 29 of The Securities Act is amended by adding ^Ig*^- i^l^l
thereto the following subsection : amended
(3a) Upon a review, any member of the Commission has Power on
• • 1- 1 u review
and may exercise any of the powers that may be
exercised by a person making an investigation under
section 21.
14.— (1) Section 44 of The Securities Act is amended by ^fg*^; ^|^^o,
striking out "Commission" in the first line, in the sixth line^™®"^®^
and in the first and second lines of clause d and inserting in
lieu thereof in each instance "director".
(2) The said section 44 is further amended by adding ^fes; 8.^4°;
thereto the following subsection : amended
(2) The director shall not refuse to accept any filing ^^^^^ °^
under subsection 1 without giving the person or
company who submitted the filing an opportunity to
be heard.
15. Section 45 of The Securities Act is repealed and thec.'ses,' s.^ts!
following substituted therefor: re-enacted
45. Where the director decides not to accept for filing a J^^^|f ^"^
prospectus submitted for filing under section 38, 39
or 40, as the case may be, sections 28 to 32 apply to
such decision.
16. Subsection 1 of section 46 of The Securities Act is^'sea,' s.^fe!
repealed and the following substituted therefor: ?e-enacted
(1) Where it appears to the director, subsequent to the ^g^ase'^ *°
filing of a prospectus or an amended prospectus *'"^'*^"k
under section 38, 39 or 40, as the case may be, and
the issue of a receipt therefor, that any of the circum-
stances set out in section 44 exists, the director,
after giving the persons and companies that would be
entitled to notices under subsection 2 an opportunity
to be heard, may order that all trading in the primary
distribution to the public of the securities to which
the prospectus relates shall cease.
17. Subsection 1 of section 48 of The Securities Act isRs.o. i960,
amended by striking out "Commission" in the ninth line and subs, i, "
inserting in lieu thereof "director". ^^
18. Subsection 3 of section 54 of The Securities Act is ^fg^; 3^54'
amended by striking out "Commission" in the third line and|^|j:^|^^
inserting in lieu thereof "director".
151 '
c^les" 8^64' ^^' Clause c of subsection 1 of section 64 of The Securities
subs, i, ci. c', Act is amended by inserting after "the" in the fourth line
director or the .
c!"f63" s^69' ^^* Subsection 1 of section 69 of The Securities Act is
^"^i'j amended by striking out "by the Commission" in the second
amended . •' ° •'
line.
c^'fe^'s^To' ^^' Clause a of section 70 of The Securities Act is amended
ci- <'• , , by inserting after "the" in the seventh line "director or the".
^lea.'s.^Ti: 22.— (1) Clause a of section 71 of The Securities Act is
amended amended by adding thereto the following subclause:
(ia) the director.
^•fg^- If^^- (2) Subclause v of clause a of the said section 71 is amended
subc'i V ^^ inserting after "Commission" in the second line "director
amended or".
^•fgg- ^^I^^; 23. Section 73 of The Securities Act is amended by inserting
amended " after "by" in the eleventh line "the director or".
Commence- g^. This Act comes into force on a day to be named by the
Lieutenant Governor by his proclamation.
Short title 25. This Act may be cited as The Securities Amendment
Act, 1962-63.
4
151
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BILL 151
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Securities Act
Mr. Cass
TORONTO
Printi;d and i»uBi.isiu;u by Frank Fogg, Qlickn's I'kintkr
i^.
)'i6 nil :jis oi
BILL 151 1962-63
An Act to amend The Securities Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 1 of The Securities Act is amended by adding R.s.o. i960,
thereto the following clause: amended '
{da) "director" means the director of the Commission
appointed under this Act.
2. Subsection 2 of section 2 of The Securities Act is repealed R.s.o. i960.
f* "^fi^ ft 2
and the following substituted therefor: eiibs. 2,
re-enacted
(2) Two members of the Commission constitute a Quorum
quorum.
R.s.o. 1960,
3. Sections 3, 4 and 5 of The Securities Act are repealed ^^^ ^63^
and the following substituted therefor: re-eiiac'ted,
° s. 6.
repealed
3. There shall be a branch of the Department of the securities
Attorney General, to be known as the Securities
Branch, which shall consist of the Commission, the
director, the registrar and such other officers, clerks,
stenographers and employees as are appointed under
The Public Service Act, 1961-62. i96i-62,
' c. 121
4. The director may exercise the powers and shall of"di*rect<fr
perform the duties vested in or imposed upon him
by this Act, and he may exercise the powers and shall
perform the duties vested in or imposed upon the
Commission by this Act or the regulations that are
assigned to him by the Commission, except those
mentioned in sections 21 to 27 and 29, and, subject
to the direction of the Commission, he shall have
control of the administration of the Securities
Branch and the stafif thereof.
151
R.S.O. 1960,
c. 363, 8. 6,
subs. 2,
amended
4. — (1) Subsection 2 of section 6 of The Securities Act
is amended by inserting after "thereof" in the eighth line
"who are designated by the director as trading officials", so
that the subsection shall read as follows:
Where
separate
registration
of partners,
officers and
offloials not
required
(2) Where a person or company is registered as a broker,
investment dealer, broker-dealer, investment counsel
or securities adviser, every partner or officer of such
person or company may act as a broker, investment
dealer, broker-dealer, investment counsel or securities
adviser, as the case may be, on behalf of such person
or company without separate registration, and, where
a company is registered as a security issuer, the
officials thereof who are designated by the director
as trading officials may act on its behalf in connec-
tion with a trade in a security by such company
without separate registration.
R.S.O. I960,
c. 363, 6. 6,
subs. 4,
amended
(2) Subsection 4 of the said section 6 is amended by striking
out "Commission" in the seventh line and inserting in lieu
thereof "director".
^•feg'g^y^' 5. — (1) Section 7 of The Securities Act is amended by
amended striking out "Commission" in the first line and in the second
and third lines and inserting in lieu thereof in each instance
"director".
ogles' 8^7°' (^^ ^ ^^^ ^'"^^^ section 7 is further amended by adding thereto
amended the following subsection:
Refusal of
registration
(2) The director shall not refuse to grant or refuse to
renew registration without giving the applicant an
opportunity to be heard.
R.S.O. I960,
c. 363, s. 8,
re-enacted
6. Section 8 of The Securities Act is repealed and the
following substituted therefor:
Suspension,
cancellation
8. The director, after giving the registrant an oppor-
tunity to be heard, shall suspend or cancel any
registration where in his opinion such action is in the
public interest, but, where the granting of an oppor-
tunity to be heard would in his opinion be prejudicial
to the public interest, he may suspend any registra-
tion without giving the registrant an opportunity to
be heard, in which case he shall forthwith notify the
registrant of the suspension and of a hearing and
review to be held before the Commission williin
fifteen days of the date of the suspension, which
hearing and review shall be deemed to be a hearing
and review under section 29.
151
7. Section 9 of The Securities Act is repealed and the^-^A9- P^^-
' c. .-ibo, s. y,
following substituted therefor: re-enacted
9. A further application for registration may be uiade appiiJ.|tion
upon new or other m.ttcrial or where it is clear that [°^^^®^^^"
material circumstances iuive changed.
8. Section 12 of TJie Securities Act is amended by striking ^■|g3'g^f2;
out "registrar may and" in the first line and inserting in Heu ^'"®"'^®^
thereof "director" and by adding at the end thereof "by a
person designated by the Commission", so that the section
shall read as follows:
12. The director shall when so directed by the Com- F^ji^^^^^j^j^
mission require any further information or material
to be submitted by any applicant or any registered
person or company within a specified time limit and
nay recjuire verification by affidavit or otherwise of
any information or material then or previously
submitted or may require the applicant or the
registered person or any partner, olificer, director or
employee of the registered person or company to
submit to examination under oath by a person
designated by the Conmiission.
. 9. — (1) Subsection 1 of section 14 of The Securities Act '^^^-^-^l^fi'
amended bv striking out "Commission" in the second lines^i^s- 1- ,
.'.,. , i-iii- »i amended
and mserting m lieu thereof director .
(2) Subsection 2 of the said section 14 is amended by^f;.^- P^^-
: . ... . . . . . ^- ^"O, 8. 14,
striking out "Commission" in the third line and inserting in subs. 2,
., ° amended
lieu tliereof director .
lO.— (1) Section 21 of The Securities Act is amended by ^fgO- i^eo-
adding thereto the following subsection: amended
(la) The Commission may, with the consent of the^^®'"
Attorney General, by order appoint any person to
make such investigation as it deems expedient for
the due administration of this Act or into any matter
relating to a trade in securities, and in such order shall
determine and prescribe the scope of the investiga-
tion.
{1) Subsection 2 of the said section 21 is amended by^lg^-^^^^'
striking out "subsection 1" in the second line and inserting subs. 2,
. . amended
in lieu thereof "this section".
(3) Subsection 3 of the said section 21 is amended by ^-^-O- 1960,
striking out "For the purposes of subsections 1 and 2, thesubs. 3. '
, . , . . . ,, . , ,- 1 1 !• amended
person making the investigation in tlie nrst and second lines
151
and inserting in lieu thereof "The person making an investiga-
tion under this section", so that the subsection, exclusive of
the clauses, shall read as follows:
Power to
aummon
witnesses
and require
production
(3) The person making an investigation under this
section has the same power to summon and enforce
the attendance of witnesses and compel them to give
evidence on oath or otherwise, and to produce
documents, records and things as is vested in the
Supreme Court or a judge thereof for the trial of
civil actions, provided that,
^•fg^- 1^21' ('^) Clause c of subsection 3 of the said section 21 is amended
amended"'" '"' ^^ inserting after "client" in the fourth line "unless the client
consents", so that the clause shall read as follows:
(c) no person shall refuse to answer any question upon
any ground of privilege, provided that a solicitor
shall not be required to disclose any communications
between himself and his client unless the client
consents; and
R.S.O. I960,
c. 363, s. 23,
amended
11. Section 23 of The Securities Act is amended by striking
out "an investigation" in the second line and inserting in
lieu thereof "such investigation as he deems expedient for the
due administration of this Act or", so that the section shall
read as follows:
Investiga-
tion under
order of
Attorney
General
23. Notwithstanding section 21, the Attorney General
may by order appoint any person to make such
investigation as he deems expedient for the due
administration of this Act or into any matter relating
to a trade in securities, in which case the person so
appointed, for the purposes of the investigation, has
the same authority, powers, rights and privileges as
a person appointed under section 21.
^ "363. ■ 8.^28! 12. Section 28 of The Securities Act is repealed and the
re-enacted following substituted therefor:
Notice of
direction,
decision, etc.
28. A notice of every direction, decision, order or ruling
of the director shall be served upon any person or
company who in the opinion of the director is affected
by the direction, decision, order or ruling at the
address of such person or company appearing on the
records of the Commission.
151
13. Section 29 of The Securities Act is amended by adding ^Ig^-^^l^-
thereto the following subsection: amended
{3a) Upon a review, any member of the Commission has Power on
and may exercise any of the powers that may be
exercised by a person making an investigation under
section 21.
14. — (1) Section 44 of The Securities Act is amended by ^-fg^- ^^|^'
striking out "Commission" in the first line, in the sixth line ^"^®"<^6d
and in the first and second lines of clause d and inserting in
lieu thereof in each instance "director".
(2) The said section 44 is further amended by adding ^fes; s.^f 4;
thereto the following subsection : amended
(2) The director shall not refuse to accept any filing ^^^^^ °^
under subsection 1 without giving the person or
company who submitted the filing an opportunity to
be heard.
15. Section 45 of The Securities Act is repealed and the^fg^g- g^fg*
following substituted therefor: re-enacted
45. Where the director decides not to accept for filing a Review and
prospectus submitted for filing under section 38, 39
or 40, as the case may be, sections 28 to 32 apply to
such decision.
16. Subsection 1 of section 46 of The Securities Act is ^fea; 8.^46
repealed and the following substituted therefor: ^"^^ ^
c. 363, 8. 46,
subs. 1,
re-enacted
(1) Where it appears to the director, subsequent to the^ease'^*"
filing of a prospectus or an amended prospectus *'"^^*"^
under section 38, 39 or 40, as the case may be, and
the issue of a receipt therefor, that any of the circum-
stances set out in section 44 exists, the director,
after giving the persons and companies that would be
entitled to notices under subsection 2 an opportunity
to be heard, may order that all trading in the primary
distribution to the public of the securities to which
the prospectus relates shall cease.
17. Subsection 1 of section 48 of The Securities Act isRS.o. i960,
amended by striking out "Commission" in the ninth line and subs, i, '
inserting in lieu thereof "director". amended
18. Subsection 3 of section 54 of The Securities Act is ^fea; b.^|2;
amended by striking out "Commission" in the third line and^"^^-?- .
... ,° ru.- •• amended
msertmg m lieu thereof director .
151
^ ^jj^'Pc?' 1Q« Clause c of subsection 1 of section 64 of The Securities
s-itw. 1, ci. c. Act is amended by insertmg after "the" in the fourth line
amended ,, ,. i ,»
director or the .
h
^•3:,9'Pc^' 20. Subsection 1 of section 69 of The Securities Act is
aibs. 1, amended bv strikme out "by the Commission" in the second
hne.
?'l63" s^7o' ^■^* Clause a of section 70 of The Securities Act is amended
c(. 3. ' 'by insertine after "the" in the seventh line "director or the",
amended -^ ^
c!^"fo3,' 8.^7i! 23. — (1) Clause a of section 71 of The Securities Act is
cl. a,
amended
^^- "• amended by adding thereto the following subclause
(ia) the director.
?'363"8^7i' ^^^ Subclause v of clause a of the said section 71 is amended
«i- «. " by inserting after "Commission" in the second line "director
amended or .
^"fes' 8^73' ^^* Section 73 of The Securities Act is amended by inserting
amended after "by" in the eleventh line "the director or".
ment"^^'^*^^ 24. This x'Vct comes into force on a day to be named by the
Lieutenant Governor by his proclamation.
Short title 25. This Act may be cited as The Securities Amendment
Act, 1962-63.
151
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BILL 152
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Securities Act
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
S.C,
Explanatory Note
The object of this Bill is to ensure that the exemption from registration,
including prospectus requirements, applicable to short term promissory
notes or commercial paper is confined to such notes or commercial paper
as are issued and sold in the ordinary short term money market and not
by general solicitation to individual members of the public in denominations
of less than $50,000.
■J,. / .
152
BILL 152 1962-63
An Act to amend The Securities Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Section 1 of The Securities Act is amended by ^jfea,' s.^if '
adding thereto the following clause: amended
{da) "individual" means a natural person, but does not
include a trustee, partnership, unincorporated asso-
ciation, unincorporated organization, unincorporated
syndicate, executor, administrator or other legal
personal representative.
(2) Clause /of the said section 1 is repealed and the follow- ^fg^- |^f°'
ing substituted therefor : ^t/nacted '
(J) "investment company" means any company, other
than a company recognized by the Commission as a
mining company or an industrial company, that the
Commission in its discretion recognizes, determines
and deems to be an investment company, and in-
cludes, without limiting such discretion, a company
so recognized, determined and deemed whose prin-
cipal business is the acquisition of or the investment
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 includes a company, other
than an issuer, within the meaning of The Investment '^•f^- 1960.
Contracts Act, that issues mvestment certificates,
investment contracts, savings certificates, savings
contracts or securities of a like nature.
2.— (1) Paragraph 3 of subsection 1 of section 19 of Theffg-l^l^-^
Securities Act is amended by adding at the end thereof "or^'^bs.^i.
any other trade where one of the parties is a person (other amended
than an individual) or a company recognized by the Com-
mission as an exempt purchaser", so that the paragraph shall
read as follows:
152
2
Banks, loan,
trust and
insurance
companies,
public
officers
1953-54.
c. 48 (Can.);
R.S.C. 1952,
c. 151;
R.S.O. 1960,
CO. 222, 190
A trade where one of the parties is a bank to which
the ^a«^ Act (Canada) applies, or the Industrial
Development Bank incorporated under the Industrial
Development Bank Act (Canada), or a loan corporation
or trust company registered under The Loan and
Trust Corporations Act, or an insurance company
licensed under The Insurance Act, or is an officer or
employee, in the performance of his duties as such,
of Her Majesty in right of Canada or of any province
or territory of Canada, or of any municipal cor-
poration or public board or commission in Canada,
or any other trade where one of the parties is a
person (other than an individual) or a company
recognized by the Commission as an exempt pur-
chaser.
^•|g^-i960, (2) Paragraph 1 of subsection 2 of the said section 19 is
subs. 2, repealed and the following substituted therefor:
par. 1, *^ °
re-enacted
dividends, 1- (^) Securities of its own issue that are distributed
of^earninm^ or issued by a company to the holders of its
«tc. ' securities as a stock dividend or other dis-
tribution out of earnings or surplus,
(ii) securities whether of its own issue or not that
are distributed or issued by a company to the
holders of its securities as incidental to a bona
fide re-organization or winding-up of such
company or distribution of its assets for the
purpose of winding up its affairs, or
(iii) the sale by a company to the holders of its
securities of additional securities of its own
issue if the company has given the Commis-
sion a written notice stating the date, amount,
nature and conditions of the proposed sale
(including the approximate net proceeds to
be derived by the company on the basis of
such additional securities being fully taken
up and paid for) and either,
(a) the Commission has not informed the
company in writing within ten days of
the giving of such notice that it objects
to the sale; or
(6) information satisfactory to the Com-
mission relating to the securities has
been delivered to and accepted by the
Commission,
152
provided that, with respect to any trade mentioned
in subparagraph i or ii, no commission or other re-
muneration is paid or given to others in respect of
such distribution or issuance except for ministerial or
professional services or for 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.
(3) Paragraph 6 of subsection 2 of the said section 19 is ^'fes,' s.^ig;
repealed and the following substituted therefor: par^e^'
re-enacted
6. Negotiable promissory notes or commercial paper Negotiable
maturing not more than one year from the date of
issue, provided that each such note or commercial
paper traded to an individual has a denomination
or principal amount of not less than $50,000,
(4) Subsection 3 of the said section 19 is repealed and the ^'fg^' \^^'
following substituted therefor: subs. 3,
° re-enacted
(3) Notwithstanding subsections 1 and 2, the Commis- Exemptions
sion may, where in its opinion such action is in the
public interest,
(a) order that subsection 1 shall not, with respect
to such of the trades mentioned in that sub-
section as are specified in the order, apply to
the person or company named in the order;
{b) order that subsection 2 shall not, with respect
to such of the securities mentioned in that
subsection as are specified in the order, apply
to the person or company named in the order.
3. Section 72 of The Securities Act is amended by adding R'l-O- 1960,
thereto the following clause: amended
{na) prescribing the practice and procedure by which the
Commission recognizes exempt purchasers under
paragraph 3 of subsection 1 of section 19.
4. This Act comes into force on a day to be named by the ^°^t"®"°*'
Lieutenant Governor by his proclamation.
5. This Act may be cited as The Securities Amendment Act, ^^^^^ *'*'®
1962-63 (No. 2).
152
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BILL 152
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Securities Act
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 152 1962-63
An Act to amend The Securities Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Section 1 of The Securities Act is amended by ^fea; s.^f^'
adding thereto the following clause: amended
{da) "individual" means a natural person, but does not
include a trustee, partnership, unincorporated asso-
ciation, unincorporated organization, unincorporated
syndicate, executor, administrator or other legal
personal representative.
(2) Clause /of the said section 1 is repealed and the follow- ^fg^- \^\^'
ing substituted therefor : rl/nacted
(/) "investment company" means any company, other
than a company recognized by the Commission as a
mining company or an industrial company, that the
Commission in its discretion recognizes, determines
and deems to be an investment company, and in-
cludes, without limiting such discretion, a company
so recognized, determined and deemed whose prin-
cipal business is the acquisition of or the investment
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 includes a company, other
than an issuer, within the meaning of The Investment '^■f;^- i^^o,
^ . . .^ c. 194
Contracts Act, that issues m vestment certificates,
investment contracts, savings certificates, savings
contracts or securities of a like nature.
2.— (1) Paragraph 3 of subsection 1 of section 19 of Theff^l^f^'
Securities Act is amended by adding at the end thereof "orsube.^i.
any other trade where one of the parties is a person (other amended
than an individual) or a company recognized by the Com-
mission as an exempt purchaser", so that the paragraph shall
read as follows:
152
Banks, loan,
trust and
insurance
companies,
public
officers
1953-54,
0. 48 (Can.);
R.S.C. 1952,
o. 151;
R.S.O. 1960,
oc. 222, 190
A trade where one of the parties is a bank to which
the Bank Act (Canada) applies, or the Industrial
Development Bank incorporated under the Industrial
Development Bank Act (Canada), or a loan corporation
or trust company registered under The Loan and
Trust Corporations Act, or an insurance company
licensed under The Insurance Act, or is an officer or
employee, in the performance of his duties as such,
of Her Majesty in right of Canada or of any province
or territory of Canada, or of any municipal cor-
poration or public board or commission in Canada,
or any other trade where one of the parties is a
person (other than an individual) or a company
recognized by the Commission as an exempt pur-
chaser.
^fes," 8.^19; (^^ Paragraph 1 of subsection 2 of the said section 19 is
subs. 2, ' repealed and the following substituted therefor:
par. 1, * °
re-enacted
Stock
dividends,
distribution
of earnings,
etc.
1. (i) Securities of its own issue that are distributed
or issued by a company to the holders of its
securities as a stock dividend or other dis-
tribution out of earnings or surplus,
(ii) securities whether of its own issue or not that
are distributed or issued by a company to the
holders of its securities as incidental to a bona
fide re-organization or winding-up of such
company or distribution of its assets for the
purpose of winding up its affairs, or
(iii) the sale by a company to the holders of its
securities of additional securities of its own
issue if the company has given the Commis-
sion a written notice stating the date, amount,
nature and conditions of the proposed sale
(including the approximate net proceeds to
be derived by the company on the basis of
such additional securities being fully taken
up and paid for) and either,
{a) the Commission has not informed the
company in writing within ten days of
the giving of such notice that it objects
to the sale; or
(6) information satisfactory to the Com-
mission relating to the securities has
been delivered to and accepted by the
Commission,
152
."*».
provided that, with respect to any trade mentioned
in subparagraph i or ii, no commission or other re-
muneration is paid or given to others in respect of
such distribution or issuance except for ministerial or
professional services or for 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.
(3) Paragraph 6 of subsection 2 of the said section 19 is ^fe^; s.^iE;
repealed and the following substituted therefor: par^e^'
re-enacted
6. Negotiable promissory notes or commercial paper Negotiable
maturing not more than one year from the date of
issue provided that each such note or commercial
paper traded to an individual has a denomination
or principal amount of not less than $50,000.
(4) Subsection 3 of the said section 19 is repealed and the^fg^- ^^f^-
following substituted therefor: subs. 3
(3) Notwithstanding subsections 1 and 2, the Commis- Exemptions
sion may, where in its opinion such action is in the
public interest,
{a) order that subsection 1 shall not, with respect
to such of the trades mentioned in that sub-
section as are specified in the order, apply to
the person or company named in the order;
(6) order that subsection 2 shall not, with respect
to such of the securities mentioned in that
subsection as are specified in the order, apply
to the person or company named in the order.
3. Section 72 of The Securities Act is amended by adding^ |gOi960'
thereto the following clause : amended
{no) prescribing the practice and procedure by which the
Commission recognizes exempt purchasers under
paragraph 3 of subsection 1 of section 19.
4. This Act comes into force on a day to be named by the menT^^'^"*
Lieutenant Governor by his proclamation.
6. This Act may be cited as The Securities Amendment Act, ^^°^^ *'"®
1962-63 (No. 2).
152
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BILL 153
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act regulating Deposits Solicited from the Public
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The objects of this Bill are to regulate the issue of advertisements
inviting the public to invest money by way of deposits and to ensure that
p>ersons or corporations accepting or receiving deposits from the public
shall set aside security for such deposits.
153
BILL 153 1962-63
An Act regulating Deposits Solicited
from the Public
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, J^ffoT"-
(a) "advertisement" includes any form of advertising
in any media or any act, conduct, communication or
negotiation or any display, writing or statement
made, done, issued or published to members of the
public or in a public place;
(b) "Commission" means the Ontario Securities Com-
mission ;
(c) "corporation" means any incorporated corporation,
incorporated association, incorporated syndicate or
other incorporated organization, including corpora-
tions that do not deal with each other at arm's length
or that would be deemed not to deal with each other
at arm's length under section 1 of The Corporations^-^^-'^^^^'
Tax Act;
(d) "deposit" means a loan of money at interest or at a
discount or repayable at a premium in money or
otherwise made to any person or corporation one of
whose principal businesses is lending money, dealing
in mortgages or real or personal property or purchas-
ing accounts receivable, but does not include a loan
of money to any corporation in connection with the
issue and sale of its bonds, debentures, notes or other
written evidences of indebtedness;
(e) "members of the public" means any section or seg-
ment of the public without regard to the numbers
thereof;
153
2
R.S.O. 1960.
o. 73
(/) "person" means an individual, partnership, unincor-
porated association, unincorporated organization
and a syndicate other than an incorporated syndicate,
including persons who are related persons or who
would be deemed to be related persons under section 1
of The Corporations Tax Act;
(g) "regulations" means the regulations made under
this Act;
R.S.O. 1960,
o. 222
(h) "short term securities" means bonds, debentures or
other evidences of indebtedness maturing within
180 days from the date of acquisition thereof and
authorized for purchase or investment by registered
loan corporations or registered loaning land cor-
porations under subsection 1 of section 137 of The
Loan and Trust Corporations Act; and
{i) "solicitation of deposits" means any advertisement
calculated directly or indirectly to lead to or induce
the deposit of money or the investment of money
on deposit by members of the public, and any refer-
ence to soliciting deposits shall be construed accord-
ingly.
Application
of Act
1953-54,
c. 48 (Can.)
2. This Act does not apply to,
{a) any bank to which the Bank Act (Canada) applies;
R.S.O. I960,
c. 222
{b) any corporation to which The Loan and Trust
Corporations Act applies;
R.S.O. I960,
c. 79
(c) any credit union to which The Credit Unions Act
applies;
R.S.O. I960,
C. 194
{d) any issuer within the meaning of The Investment
Contracts Act;
R.S.O. I960,
0. 71
{e) any corporation to which Part V of The Corporations
Act applies;
R.S.O. 1952,
c. 212
(/) any post office savings bank established under the
Post Office Act (Canada);
R.S.O. I960,
0. 9
R.S.O. 1960,
c. 190
R.S.O. 1960,
c. 244
{g) the Province of Ontario Savings Office constituted
under The Agricultural Development Finance Act;
(h) any insurer to which The Insurance Act applies;
(i) any mortgage broker registered under The Mortgage
Brokers Registration Act; or
153
(j) any person or corporation or any class of persons or
corporations that is exempted by the regulations.
3. No person or corporation shall solicit deposits in any g^^i°^t®on
manner that is false, misleading, deceptive or likely to create °*^ ^®p°^^*^
an erroneous impression.
4. — (1) No advertisement soliciting deposits shall be made, ments*for'
done, issued or published in any manner whatsoever without ^®p°^^*^
such advertisement first having been submitted to the Com-
mission for its review and certification as complying with the
provisions of this Act and the regulations, and no such adver-
tisement shall be made, done, issued or published without such
certification.
(2) Any person or corporation who or which, in the ordinary ^r^^b*'°"
course of business, makes, issues or publishes an advertisement '^^*^®^^
soliciting deposits on the order or direction of another person
or corporation, being an advertisement the making, issue or
publication of which by such other person or corporation
constitutes an offence under this Act, is not guilty of such
offence if the matter or material contained in such advertise-
ment was not devised or selected by such person or corporation
or under his or its direction or control.
5. — (1) Every person or corporation accepting or receiving flp^g^^ ^°^
deposits from members of the public shall set aside and
segregate and hold separate from the other assets of any
such person or corporation as security for such deposits
cash on hand or deposited in any bank to which the Bank Adl'^^g ^can.)
(Canada) applies or short term securities in an amount or
principal amount aggregating not less than 60 per cent of the
aggregate amount of such deposits.
(2) Every person or corporation accepting or receiving ^®°°'"*^^
deposits from members of the public shall keep records of
such deposits and the particulars of the security therefor in
the form and content prescribed by the Commission.
(3) Every person or corporation accepting or receiving ^®*"'"°®
deposits from members of the public shall furnish to the
Commission a return in the prescribed form on or before the
first days of January, April, July and October in each year
containing information as to the particulars of the security
for such deposits certified by the auditor or accountant of
such person or corporation.
(4) Any duly authorized representative of the Commission inspection
appointed by order of the Commission may at any reasonable
time inspect the books, accounts, documents and other
153
records kept by any person or corporation receiving or accept-
ing deposits from members of the public and may require any
officer, director or employee of any such person or corporation
to furnish such information as the Commission deems neces-
sary for the purpose of ascertaining whether this Act and the
regulations have been or are being complied with.
upon™ ^^-^ ^^^ ^^^ purposes of subsection 4, any such represen-
inspection tatlve of the Commission has the same power to summon and
enforce the attendance of witnesses and to compel them to give
evidence on oath or otherwise and to produce documents,
records and things and to seize and take possession of any
documents, records, securities or other property as is provided
■^•oi§' ^^^°' in subsections 3 and 4 of section 21 of The Securities Act.
C. oDo
^®®s 5, Any advertisement submitted to the Commission for
review and certification and every return, record or other
information required to be filed with the Commission shall
be accompanied by the fee prescribed by the regulations.
Offences, 7, — (1) Every person who contravenes any provision of
this Act is guilty of an offence and on summary conviction is
liable to a fine of not more than $5,000 or to imprisonment for
a term of not more than two years, or to both.
Idem, . (2) Every corporation that contravenes any provision of
corpo a ions ^j^.^ ^^^ .^ guilty of an offence and on summary conviction is
liable to a fine of not more than $25,000.
Idem, (3) Where a corporation is guilty of an offence under this
etc., of' Act, any officer, director or agent of the corporation who
corporations ^jj-g^^^-g^j^ authorized, assented to, acquiesced in, or partici-
pated in, the commission of the offence is a party to and
guilty of the offence and on summary conviction is liable to
the fine or imprisonment or to both provided in subsection 1
whether or not the corporation has been prosecuted or con-
victed.
Regulations §, Xhe Lieutenant Governor in Council may make regu-
lations,
(a) exempting persons or corporations or any class
thereof from the application of this Act;
{b) prescribing the requirements with respect to the
submission to the Commission, for its review and
certification, of advertisements that solicit deposits;
(c) prescribing the form and content of records of
deposits and particulars of the security therefor;
153
(d) prescribing the return to be furnished to the Com-
mission by persons or corporations receiving or
accepting deposits containing information as to the
particulars of security therefor;
(e) prescribing and providing for fees under this Act;
(/) respecting any matter necessary or advisable to
carry out effectively the intent and purpose of this
Act.
9. This Act comes into force on a day to be named by the commence-
Lieu tenant Governor by his proclamation,
10. This Act may be cited as The Deposits Regulation Act, Short title
1962-63.
153
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BILL 153
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act regulating Deposits Solicited from the Public
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 153 1962-63
An Act regulating Deposits Solicited
from the Public
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, SaS'-«-
(a) "advertisement" includes any form of advertising
in any media or any act, conduct, communication or
negotiation or any display, writing or statement
made, done, issued or published to members of the
public or in a public place;
(b) "Commission" means the Ontario Securities Com-
mission;
(c) "corporation" means any incorporated corporation,
incorporated association, incorporated syndicate or
other incorporated organization, including corpora-
tions that do not deal with each other at arm's length
or that would be deemed not to deal with each other
at arm's length under section 1 of The Corporations ^•^^- 1^^^-
Tax Act;
(d) "deposit" means a loan of money at interest or at a
discount or repayable at a premium in money or
otherwise made to any person or corporation one of
whose principal businesses is lending money, dealing
in mortgages of real or personal property or purchas-
ing accounts receivable, but does not include a loan
of money to any corporation in connection with the
issue and sale of its bonds, debentures, notes or other
written evidences of indebtedness;
(e) "members of the public" means any section or seg-
ment of the public without regard to the numbers
thereof ;
153
R.S.O. 1960,
c. 73
(/) "person" means an individual, partnership, unincor-
porated association, unincorporated organization
and a syndicate other than an incorporated syndicate,
including persons who are related persons or who
would be deemed to be related persons under section 1
of The Corporations Tax Act;
{g) "regulations" means the regulations made under
this Act;
R.S.O. I960,
C. 222
{h) "short term securities" means bonds, debentures or
other evidences of indebtedness maturing within
180 days from the date of acquisition thereof and
authorized for purchase or investment by registered
loan corporations or registered loaning land cor-
porations under subsection 1 of section 137 of The
Loan and Trust Corporations Act; and
{i) "solicitation of deposits" means any advertisement
calculated directly or indirectly to lead to or induce
the deposit of money or the investment of money
on deposit by members of the public, and any refer-
ence to soliciting deposits shall be construed accord-
ingly.
Application
of Act
1953-54,
0. 48 (Can.)
2, This Act does not apply to,
(a) any bank to which the Bank Act (Canada) applies;
R.S.O. I960,
c. 222
(6) any corporation to which The Loan and Trust
Corporations Act applies;
R.S.O. I960,
0. 79
(c) any credit union to which The Credit Unions Act
applies;
R.S.O. I960,
c. 194
(d) any issuer within the meaning of The Investment
Contracts Act;
R.S.O. I960,
0. 71
(e) any corporation to which Part V of The Corporations
Act applies;
R.S.O. 1952,
c. 212
(/) any post office savings bank established under the
Post Office Act (Canada) ;
R.S.O. I960,
c. 9
R.S.O. 1960,
c. 190
R.S.O. 1960,
o. 244
(g) the Province of Ontario Savings Office constituted
under The Agricultural Development Finance Act;
(h) any insurer to which The Insurance Act applies;
(i) any mortgage broker registered under The Mortgage
Brokers Registration Act; or
153
(j) any person or corporation or any class of persons or
corporations that is exempted by the regulations.
3. No person or corporation shall solicit deposits in any g^i^j^^P^ton
manner that is false, misleading, deceptive or likely to create °^^®p°^'*^
an erroneous impression.
4. — (1) No advertisement soliciting deposits shall be made, ^e^ts^for"
done, issued or published in any manner whatsoever without ^®p°^'*^
such advertisement first having been submitted to the Com-
mission for its review and certification as complying with the
provisions of this Act and the regulations, and no such adver-
tisement shall be made, done, issued or published without such
certification.
(2) Any person or corporation who or which, in the ordinary ^r^^b*'°"
course of business, makes, issues or publishes an advertisement 'i^^^^rs
soliciting deposits on the order or direction of another person
or corporation, being an advertisement the making, issue or
publication of whicii by such other person or corporation
constitutes an offence under this Act, is not guilty of such
offence if the matter or material contained in such advertise-
ment was not devised or selected b}' such person or corporation
or under his or its direction or control.
5. — (1) Every person or corporation accepting or receiving ||^^^^j^y ^°^
deposits from members of the public shall set aside and
segregate and hold separate from the other assets of any
such person or corporation as security for such deposits
cash on hand or deposited in any bank to which the Bank -^cf c.^tl^Can.)
(Canada) applies or short term securities in an amount or
principal amount aggregating not less than 60 per cent of the
aggregate amount of such deposits.
(2) Every person or corporation accepting or receiving ^e'=o''«^s
deposits from members of the public shall keep records of
such deposits and the particulars of the security therefor in
the form and content prescribed by the Commission.
(3) Every person or corporation accepting or receiving ^®*"'""^
deposits from members of the public shall furnish to the
Commission a return in the prescribed form on or before the
first days of January, April, July and October in each year
containing information as to the particulars of the security
for such deposits certified by the auditor or accountant of
such person or corporation.
(4) Any duly authorized representative of the Conmiission I'^^pection
appointed by order of the Commission may at any reasonable
time inspect the books, accounts, documents and other
153
records kept by any person or corporation receiving or accept-
ing deposits from members of the public and may require any
officer, director or employee of any such person or corporation
to furnish such information as the Commission deems neces-
sary for the purpose of ascertaining whether this Act and the
regulations have been or are being complied with.
upoif^^ (5) For the purposes of subsection 4, any such represen-
inspection tative of the Commission has the same power to summon and
enforce the attendance of witnesses and to compel them to give
evidence on oath or otherwise and to produce documents,
records and things and to seize and take possession of any
documents, records, securities or other property as is provided
^'363' ^^^^' ^^ subsections 3 and 4 of section 21 of The Securities Act.
^®®^ 6. Any advertisement submitted to the Commission for
review and certification and every return, record or other
information required to be filed with the Commission shall
be accompanied by the fee prescribed by the regulations.
Offences, 7. — (1) Every person who contravenes any provision of
this Act is guilty of an offence and on summary conviction is
liable to a fine of not more than $5,000 or to imprisonment for
a term of not more than two years, or to both.
Idem, (2) Every corporation that contravenes any provision of
this Act is guilty of an offence and on summary conviction is
liable to a fine of not more than $25,000.
i^ra- (3) Where a corporation is guilty of an offence under this
etc., of' Act, any officer, director or agent of the corporation who
directed, authorized, assented to, acquiesced in, or partici-
pated in, the commission of the offence is a party to and
guilty of the offence and on summary conviction is liable to
the fine or imprisonment or to both provided in subsection 1
whether or not the corporation has been prosecuted or con-
victed.
Regulations §, yj^g Lieutenant Governor in Council may make regu-
lations,
(a) exempting persons or corporations or any class
thereof from the application of this Act ;
(b) prescribing the requirements with respect to the
submission to the Commission, for its review and
certification, of advertisements that solicit deposits;
(c) prescribing the form and content of records of
deposits and particulars of the security therefor;
153
(d) prescribing the return to be furnished to the Com-
mission by persons or corporations receiving or
accepting deposits containing information as to the
particulars of security therefor;
(e) prescribing and providing for fees under this Act;
(/) respecting any matter necessary or advisable to
carry out efTectively the intent and purpose of this
Act.
9. This Act comes into force on a day to be named by the Commence-
Lieutenant Governor by his proclamation.
10. This Act may be cited as The Deposits Regulation ^c^, short title
1962-63.
153
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BILL 154
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend
The Ontario Municipal Board Act
Mr. Spooner
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The amendment is to abrogate the decision in Holmes Foundry Ltd.
vs. The Corporation of the Village of Point Edward and Caposite Insula-
tions Ltd. vs. The Corporation of the Village of Point Edward (1963).
It was held that, notwithstanding that the municipality had received the
approval of the Municipal Board under section 64 to the sewer project,
it also required the approval of the Board to the by-law providing for the
raising of funds to pay for the project.
The amendment provides that the approval of the Board under
section 64 is the approval of the undertaking. The municipality may then
proceed to pass all requisite by-laws, including those for the raising of
funds, without further approval of the Board.
154
BILL 154 1962-63
An Act to amend
The Ontario Municipal Board Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 64 of The Ontario Municipal Board Act is^fy^- g^62,'
amended by adding thereto the following subsection: amended
(la) The approval of the Board mentioned in subsection 1 ^f^Board^
means and, notwithstanding the decision of any
court, shall be deemed always to have meant the
approval of the undertaking, work, project, scheme,
act, matter or thing mentioned in subsection 1.
2. This Act comes into force on the day it receives Royal ^^^^'^®'^^®"
Assent.
3. This Act may be cited as The Ontario Municipal Board ^^°''* *^"®
Amendment Act, 1962-63 (No. 2).
154
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BILL 154
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend
The Ontario Municipal Board Act
Mr. Spooner
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 154 1962-63
An Act to amend
The Ontario Municipal Board Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 64 of The Ontario Municipal Board Act '^s^^il'.l^^',
amended by adding thereto the following subsection: amended
(la) The approval of the Board mentioned in subsection 1 ^f^Board'
means and, notwithstanding the decision of any
court, shall be deemed always to have meant the
approval of the undertaking, work, project, scheme,
act, matter or thing mentioned in subsection 1.
2. This Act comes into force on the day it receives Royal J^^™^"^®'^"®"
Assent.
3. This Act may be cited as The Ontario Municipal Board ^^^''^ *'"®
Amendment Act, 1962-63 {No. 2).
154
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BILL 155
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend
The Municipality of Metropolitan Toronto Act
Mr. Spooner
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1. The amendments are to make it clear that the first
meeting of council referred to in section 6 means the first meeting after
general municipal elections are held every two years.
Section 2. The maximum amount that may be paid to the chairman
isjncreased from $15,000 to $18,000, and the maximum amount that may
be i>aid to members is increased from $1,800 to $3,000.
155
BILL 155 1962-63
An Act to amend
The Municipality of Metropolitan Toronto Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Subsection 1 of section 6 of The Municipality of^f-^-\^^'
Metropolitan Toronto Act is amended by inserting after "year"s^b8- i- ,
in the second line "after elections have been held in the area
municipalities", so that the subsection shall read as follows:
(1) The first meeting of the Metropolitan Council in First
I f ? ' 1 iiii-, meeting of
each year alter elections have been held m the area Metropolitan
municipalities shall be held after the councils of all
the area municipalities have held their first meetings
in the year but in any event not later than the 15th
day of January on such date and at such time and
place as may be fixed by by-law of the Metropolitan
Council.
(2) Subsection 2 of the said section 6 is repealed and the^feo,' s.^e?"
following substituted therefor: re-enaaed
(2) Notwithstanding anything in any general or special First
Act, the first meeting of the council of each area of area
municipality in each year after elections have been
held in the area municipalities shall be held not later
than the 8th day of January.
2. — (1) Subsection 1 of section 11 of The Municipality o/R|-0. i960,
Metropolitan Toronto Act is repealed and the following sub- subs, i.*
StitUted therefor: re-enacted
(1) The chairman may be paid for his services as chair- Remunera-
man a sum not exceeding $18,000 per annum. chairman
(2) Subsection 2 of the said section 11 is amended by ^feo,' s.^ii'
striking out "$1,800" in the third line and inserting in lieu l^^^i^ 2^^
thereof "$3,000", so that the subsection shall read as follows:
155
members (2) The members of the Metropolitan Council, other
than the chairman, may be paid such annual or other
remuneration, not exceeding $3,000 per annum, as
the Metropolitan Council may determine.
R-|-0- 1960, 3, Clauses b and c of subsection 2 of section 24 of The
subs. 2, ci. &! Municipality of Metropolitan Toronto Act are repealed and
ci. c, ' the following substituted therefor:
repealed
vote *^*^^* (6) No by-law establishing a pension plan or a by-law
approvafof*^ amending such a by-law shall be passed by the
Mmister Metropolitan Council under this subsection except
on an affirmative vote of at least two-thirds of the
Metropolitan Council present and voting thereon,
and no such by-law shall become operative until
approved by the Minister.
R-S-O- 1960, 4, Section 77 of The Municipality of Metropolitan Toronto
amended ' Act \s amended by adding thereto the following subsection:
Supple- (la) The Metropolitan Corporation may, at any time
by-law within the calendar year in which the expenditure is
to be made, submit to the Minister for his approval a
by-law covering the estimated expenditure on metro-
politan roads supplementing the by-law submitted
under subsection 1.
c!"260* s^io' ^* Clauses d, e and g of section 80 of The Municipality of
cis. d.'e, g, ' Metropolitan Toronto Act are repealed and the following sub-
r©~©Il£lC*OCl * t 1 r
stituted therefor:
(d) defraying the costs in taking up, removing or
"' "■ changing the location of appliances or works placed
on or under a metropolitan road by an operating
c.*333' ' corporation in accordance with The Public Service
Works on Highways Act;
(e) constructing and maintaining bridges, culverts or
other structures, other than sanitary sewers, inci-
dental to the construction of a metropolitan road;
(g) constructing and maintaining an approved base for
the road surface on a metropolitan road, including
the installing and maintaining of approved drainage.
^leo.'s^.^io, ^'"(l) Subsection 4 of section 110 of The Municipality of
amended Metropolitan Toronto Act is amended by adding at the com-
mencement thereof "Subject to subsection 4a", so that the
subsection shall read as follows:
155
Section 3. The amendment is to make it clear that the requirements
of a two-thirds vote and the approval of the Minister apply only to pension
by-laws passed by the Metropolitan Council.
Section 4. The new subsection authorizes the Metropolitan Cor-
poration to submit to the Minister of Highways a supplementary by-law
covering the estimated expenditures on metropolitan roads.
Section 5. Section 80 provides the expenditures that are properly
chargeable to road improvement.
At present, under clause d, only 50 per cent of the labour costs in
relocating works is chargeable. Clause d, as re-enacted, includes the
whole cost of relocating works, etc.
Clauses e and g, as re-enacted, will include expenditures for storm
sewers incidental to the construction of metropolitan roads.
Section 6. Self-explanatory.
155
Section 7. Self-explanatory.
Section 8. The Metropolitan Corporation will be required to pay to
the area municipalities 20 per cent of the amounts paid by the area munici-
palities for general assistance in respect of which provincial grants of 80 per
cent are received.
Section 9. Self-explanatory.
Section 10. At present, the Licensing Commission is composed of the
chairrnan of the Metropolitan Council and two magistrates designated by
the Lieutenant Governor in Council. The amendment would substitute
for the two magistrates two persons appointed by the MetropoHtan
Council.
155
(4) Subject to subsection 4a, a member shall hold office ^®"®^^^
until his successor is appointed and, except in the
case of the first members or the filling of a vacancy
occurring during a term of office, a member shall be
appointed for a term of five years.
(2) The said section 110 is amended by adding thereto the^|gO-gi960j
following subsection: amended
{4a) The Metropolitan Council may provide that the ^Jiange |n^^
Commission shall consist of not less than three authorized
members and may provide for their terms of office
on a staggered system or otherwise, and may desig-
nate the terms of office of the existing members of
the Commission.
7. Section 116a of The Municipality of Metropolitan Toronto^-^o. i960.
Act, as enacted by section 10 of The Municipality of Metro- s'. iie'a
politan Toronto Amendment Act, 1961-62, is amended by adding c. 88, s. io),
thereto the following subsection : amended
(2) The Metropolitan Corporation may contribute to to operating
the cost of operating the transportation system
operated by the Commission.
8. The Municipality of Metropolitan Toronto Act is amended ^f^O- 1960,
by adding thereto the following section: amended
169a. The amounts that an area municipality are required General
to pay to provide assistance under The General assiBtance
Welfare Assistance Act and that are included for the^ie4" -^^^°'
purpose of computing the contribution by Ontario
in respect of such assistance shall be repaid by the
Metropolitan Corporation to the area municipality
less any amount paid by Ontario in respect of such
assistance.
9. The Municipality of Metropolitan Toronto Act is amended ^"feo,' ^^^^'
by adding thereto the following section: amended
172a. The Metropolitan Corporation may assume and pay^^®^^^* ^^^^
50 per cent of the annual operating deficit of Regent Nursery
Park South Nursery School for the year 1963 and operating
1 . deficits
subsequent years.
10.— (1) Clause b of subsection 1 of section 210 of Thef/2eo:i^2i6,
Municipality of Metropolitan Toronto Act is repealed and the ^e-enacted ^'
following substituted therefor:
{b) two persons appointed by the Metropolitan Council
who are not members of the council of an area
municipality.
155
Present
members
(2) The present members of the Licensing Commission
designated under clause h of subsection 1 of section 210 of
The Municipality of Metropolitan Toronto Act shall remain
in office until they or their successors are appointed under the
said clause b as re-enacted by subsection 1.
c!"260,'8^.^2^55 ^^* — (^) Subsection 3 of section 255 of The Municipality
re-enacted ^^ Metropolitan Toronto Act, as amended by subsection 2 of
section 17 of The Municipality of Metropolitan Toronto
Amendment Act, 1961-62, is repealed and the following sub-
stituted therefor:
Erection of
towns, etc.
R.S.O. 1960,
C. 249
(3) Nothing in this Act alters or affects the powers of
the Municipal Board under, and the application of,
subsections 1 to 6 and 9 of section 11 of The Muni-
cipal Act.
Annexations
and amal-
gamations
{Za) Section 14 of The Municipal Act does not apply to
any area municipality.
R-|-0. I960, (2) Clause c of subsection 8a of the said section 255, as
siibs. 8a 'enacted by subsection 3 of section 17 of The Municipality of
c. 88, "s. i?, Metropolitan Toronto Amendment Act, 1961-62, is repealed and
subs. 3),
cl. c,
re-enacted
the following substituted therefor:
R.S.C. 1952,
0. 288
1962-63,
(c) for appointing members of the Metropolitan Toronto
Emergency Measures Organization, or of any com-
mittee thereof, to be in charge of such departments
or utilities throughout the Metropolitan Area, as the
by-law may provide, when an emergency has been
proclaimed under the War Measures Act (Canada)
or under The Emergency Measures Act, 1962-63.
R.S.O. I960. 12. Section 260 of The Municipality of Metropolitan
re-enacted ' Toronto Act is repealed and the following substituted therefor:
Payment of
damages to
employees
R.S.O. 1960,
0.437
260. Where in an action or by the settlement of a claim
arising out of an injury to an employee or to any
person deemed an employee for the purposes of The
Workmen' s Compensation Act the Metropolitan Cor-
poration recovers damages from a third person, such
damages or any portion thereof may be paid to such
employee or person or, in the event of his death, to
one or more of his dependants upon such terms and
conditions as the Metropolitan Corporation may
impose.
Commence-
ment
13. — (1) This Act, except sections 2 and 8, subsection 1 of
section 11 and section 12, comes into force on the day it
receives Royal Assent.
155
Section 11 — Subsection 1. The new subsection 3c provides that
section 14 of The Municipal Act dealing with annexations and amalgama-
tions does not apply to the area municipalities.
Subsection 2. The amendment adopts the procedure under The
Emergency Measures Act, 1962-63 for declaring an emergency for the
purpose of invoking emergency measures in the municipality.
Section 12. Self-explanatory.
155
(2) Section 12 shall be deemed to have come into force on^^®""
the 1st day of January, 1957.
(3) Subsection 1 of section 11 shall be deemed to have^'^®'"
come into force on the 1st day of December, 1961.
(4) Section 2 shall be deemed to have come into force on the ^'^^'^
1st day of January, 1963.
(5) Section 8 comes into force on the 1st day of January, 1^®"^
1964.
14. This Act may be cited as The Municipality of Metro- ^^°'"* *^*^®
politan Toronto Amendment Act, 1962-63.
155
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BILL 155
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend
The Municipality of Metropolitan Toronto Act
Mr. Spooner
{Reprinted for consideration by the Committee of the Whole House)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1. The amendments are to make it clear that the first
meeting of council referred to in section 6 means the first meeting after
general municipal elections are held every two years.
Section 2. The maximum amount that may be paid to the chairman
is increased from $15,000 to $18,000, and the maximum amount that may
be paid to members is increased from $1,800 to $3,000.
155
BILL 155 1962-63
An Act to amend
The Municipality of Metropolitan Toronto Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Subsection 1 of section 6 of The Municipality of^-^-^'^^^'
Metropolitan Toronto Act is amended by inserting after "year" subs, i, '
in the second line "after elections have been held in the area
municipalities", so that the subsection shall read as follows:
(1) The first meeting of the Metropolitan Council in First
each year after elections have been held in the area Metropolitan
municipalities shall be held after the councils of all
the area municipalities have held their first meetings
in the year but in any event not later than the 15th
day of January on such date and at such time and
place as may be fixed by by-law of the Metropolitan
Council.
(2) Subsection 2 of the said section 6 is repealed and the ^feo," sf i?'
following substituted therefor: re-enacted
(2) Notwithstanding anything in any general or special First
Act, the first meeting of the council of each areaof\rea
municipality in each year after elections have been ^°""^* ^
held in the area municipalities shall be held not later
than the 8th day of January.
2. — (1) Subsection 1 of section 11 of The Municipality o/Rs.o. i960,
Metropolitan Toronto Act is repealed and the following sub- subs, i.'
StitUted therefor: re-enacted
(1) The chairman may be paid for his services as chair- Remunera-
man a sum not exceeding $18,000 per annum. chairman
(2) Subsection 2 of the said section 11 is amended by ^fgo; s.^i?;
striking out "$1,800" in the third line and inserting in lieu|^s^2^jj
thereof "$3,000", so that the subsection shall read as follows:
155
2'
members (2) The members of the Metropolitan Council, other
than the chairman, may be paid such annual or other
remuneration, not exceeding $3,000 per annum, as
the Metropolitan Council may determine.
c!^'260." B.^24| ^' Clauses b and c of subsection 2 of section 24 of The
re-enatted •*' -^^Wia/ja^t^^' of Metropolitan Toronto Act are repealed and
ci. c. ' the following substituted therefor:
repealed
vote *^*^*^^ (6) No by-law establishing a pension plan or a by-law
required, and amending such a by-law shall be passed by the
Mmister Metropolitan Council under this subsection except
on an affirmative vote of at least two-thirds of the
Metropolitan Council present and voting thereon,
and no such by-law shall become operative until
approved by the Minister.
RS-O- 1960, 4. Section 77 of The Municipality of Metropolitan Toronto
amended * Act is amended by adding thereto the following subsection:
Supple-
mentary
by-law
(la) The Metropolitan Corporation may, at any time
within the calendar year in which the expenditure is
to be made, submit to the Minister for his approval a
by-law covering the estimated expenditure on metro-
politan roads supplementing the by-law submitted
under subsection 1.
R.S.O. I960,
c. 260, 8. 78,
amended
Advance
payments
5. Section 78 of The Municipality of Metropolitan Toronto
Act is amended by adding thereto the following subsection:
(3) Subject to section 77, the Minister may, in his
discretion, direct payment to the Metropolitan Cor-
poration under this section, on or after the 1st day
of May in any year, of a sum not exceeding 25 per
cent,
(a) of the amount paid by the Minister under
this section in respect of the preceding
calendar year; or
(b) of the average annual payments made by the
Minister under this section in respect of the
five preceding calendar years. "^H
c^^feo,' s.^io! ®* Clauses e and g of section 80 of The Municipality of
re-enacted Metropolitan Toronto Act are repealed and the following sub-
stituted therefor:
(e) constructing and maintaining bridges, culverts or
other structures, other than sanitary sewers, inci-
dental to the construction of a metropolitan road;
155
Section 3. The amendment is to make it clear that the requirements
of a two-thirds vote and the approval of the Minister apply only to pension
by-laws passed by the Metropolitan Council.
Section 4. The new subsection authorizes the Metropolitan Cor-
poration to submit to the Minister of Highways a supplementary by-law
covering the estimated expenditures on metropolitan roads.
Section 5. The amendment will permit the Minister of Highways
to assist the Metropolitan Corporation in the financing of road expenditures
by making advance payments on the current year's subsidy for estimated
road expenditures.
Section 6. Section 80 prescribes the expenditures that are properly
chargeable to road improvement.
Clauses e and g, as re-enacted, will include expenditures for storm
sewers incidental to the construction of metropolitan roads.
155
Section 7. Self-explanatory.
Section 8. Self-explanatory.
Section 9. The Metropolitan Corporation will be required to pay to
the area municipalities 20 per cent of the amounts paid by the area munici-
palities for general assistance in respect of which provincial grants of 80 per
cent are received.
Section 10. Self-explanatory.
155
(g) constructing and maintaining an approved base for
the road surface on a metropolitan road,, including
the installing and maintaining of approved drainage.
7. — (1) Subsection 4 of section 110 of The Municipality offf^^-^^^^f^
Metropolitan Toronto Act is amended by adding at the com-sui^s. 4.
mencement thereof "Subject to subsection 4a" and by striking
out "five" in the fourth line and inserting in lieu thereof
"three", so that the subsection shall read as follows:
(4) Subject to subsection 4a, a member shall hold office *^®'^®^*^
until his successor is appointed and, except in the
case of the first members or the filling of a vacancy
occurring during a term of office, a member shall be
appointed for a term of three years.
(2) The said section 110 is amended by adding thereto the^fco.'si^Td.
following subsections: amended
(4a) The Metropolitan Council may provide that the Change in
„ ••111 • c ^ 1 I constitution
Commission shall consist of not less than three authorized
members and may provide for their terms of office
on a staggered system or otherwise.
(46) If the Metropolitan Council provides that the Com- where^ Com-
mission shall consist of less than five members, it reduced to
may, for such purpose, designate the terms of office 5 members
of the then existing members of the Commission^
8. Section 116a of The Municipality of Metropolitan T or onto '^•^■O. i960.
Act, as enacted by section 10 of The Municipality of Metro- &.iiQa
politan Toronto Amendment Act, 1961-62, is amended by adding c. 88. s. io),
thereto the following subsection : amended
(2) The Metropolitan Corporation may contribute to to operating
the cost of operating the transportation system
operated by the Commission.
9. The Municipality of Metropolitan Toronto Act is amended ^fgo" ^^^^'
by adding thereto the following section: amended
169a. The amounts that an area municipality are required ^Ij'^lj;!^
to pay to provide assistance under The General ^s^sta.nce
Welfare Assistance Act and that are included for the^fe*' ^^^°'
purpose of computing the contribution by Ontario
in respect of such assistance shall be repaid by the
Metropolitan Corporation to the area municipality
less any amount paid by Ontario in respect of such
assistance.
10. The Municipality of Metropolitan Toronto A ct is amended ^fso * ^^®°'
by adding thereto the following section: amended
155
Regent Park
South
Nursery
School
operating
deficits
172a. The Metropolitan Corporation may assume and pay
50 per cent of the annual operating deficit of Regent
Park South Nursery School for the year 1963 and
subsequent years.
f .'ho: 1^210. 11-— (1) Clause b of subsection 1 of section 210 of The
re enacted ^' -^^^^^^^^^^^^ o/ Metropolitan Toronto Act is repealed and the
following substituted therefor:
(6) two persons appointed by the Metropolitan Council
who are not members of the council of an area
municipality.
Present
members
(2) The present members of the Licensing Commission
designated under clause b of subsection 1 of section 210 of
The Municipality of Metropolitan Toronto Act shall remain
in office until they or their successors are appointed under the
said clause b as re-enacted by subsection 1.
?'26o's^^2^20 ^^' Subsection 1 of section 220 of The Municipality of
siibs. i,' 'Metropolitan Toronto Act is amended by inserting after "19"
in the second line "21", so that the subsection shall read as
follows : "iiirtl
amended
Application
of R.S.O.
1960, c. 296,
to
Metropolitan
Corporation
(1) The Metropolitan Corporation shall be deemed to
be a municipality for the purposes of sections 1 to 19,
21, 23 to 25, 28, 33 and 34 of The Planning Act, and
no area municipality shall be deemed to be a muni-
cipality for the purposes of section 7 of The Planning
Act with respect to the financial requirements of the
board of The Metropolitan Toronto Planning Area.
?f60,'8^.^2^55. 13.— (1) Subsection 3 of section 255 of The Municipality
re-enacted ^f Metropolitan Toronto Act, as amended by subsection 2 of
section 17 of The Municipality of Metropolitan Toronto
Amendment Act, 1961-62, is repealed and the following sub-
stituted therefor:
Erection of
towns, etc.
R.S.O. 1960,
c. 249
(3) Nothing in this Act alters or affects the powers of
the Municipal Board under, and the application of,
subsections 1 to 6 and 9 of section 11 of The Muni-
cipal Act.
Annexations
and amal-
gamations
{3a) Section 14 of The Municipal Act does not apply to-
any area municipality.
R.S.O. I960,
c. 260, 8. 255,
subs. 8a
(1961-62,
c. 88, 3. 17,
subs. 3).
cl. c,
re-enacted
(2) Clause c of subsection 8a of the said section 255, as
enacted by subsection 3 of section 17 of The Municipality of
Metropolitan Toronto Amendment Act, 1961-62, is repealed and
the following substituted therefor:
155
Section 11. At present, the Licensing Commission is composed of the
chairman of the Metropolitan Council and two magistrates designated by
the Lieutenant Governor in Council. The amendment would substitute
for the two magistrates two persons appointed by the Metropolitan
Council.
Section 12. The amendment authorizes the Metropolitan Corpora-
tion, with the approval of the Minister, to enter into agreements with any
governmental authority for the carrying out of studies relating to the
physical condition of the Metropolitan Area or any part thereof.
Section 13 — Subsection 1. The new subsection 3a provides that
section 14 of The Municipal Act dealing with annexations and amalgama-
tions does not apply to the area municipalities.
Subsection 2. The amendment adopts the procedure under The
Emergency Measures Act, 1962-63 for declaring an emergency for the
purpose of invoking emergency measures in the municipality.
155
Section 14. Self-explanatory.
155
?M
(c) for appointing members of the Metropolitan Toronto
Emergency Measures Organization, or of any com-
mittee thereof, to be in charge of such departments
or utilities throughout the Metropolitan Area, as the
by-law may provide, when an emergency has been
proclaimed under the War Measures Act (Canada) c. '288'
or under The Emergency Measures Act, 1962-63. 1962-63,
14. Section 260 of The Municipality of Metropolitan R.s.o. i960,
Toronto Act is repealed and the following substituted therefor :re-ena'ct'ed
260. Where in an action or by the settlement of a claim Payment of
f . . damages to
ansmg out of an mjury to an employee or to any employees
person deemed an employee for the purposes of Then.s.o. i960,
Workmen's Compensation Act the Metropolitan Cor-*^'
poration recovers damages from a third person, such
damages or any portion thereof may be paid to such
employee or person or, in the event of his death, to
one or more of his dependants upon such terms and
conditions as the Metropolitan Corporation may
impose.
15. — (1) This Act, except sections 2 and 9, subsection 1 of Commence-
4 -1 1 ■ 4 A • I- 11' ment
section 13 and section 14, comes into force on the day it
receives Royal Assent.
(2) Section 14 shall be deemed to have come into force on idem
the 1st day of January, 1957.
(3) Subsection 1 of section 13 shall be deemed to have idem
come into force on the 1st day of December, 1961.
(4) Section 2 shall be deemed to have come into force on the idem
1st day of January, 1963.
(5) Section 9 comes into force on the 1st day of January, idem
1964.
16. This Act may be cited as The Municipality of Metro- Short title
politan Toronto Amendment Act, 1962-63.
155
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BILL 155
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend
The Municipality of Metropolitan Toronto Act
Mr. Spooner
(Reprinted as amended by the Committee of the Whole House)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1. The amendments are to make it clear that the first
meeting of council referred to in section 6 means the first meeting after
general municipal elections are held every two years.
Section 2. The maximum amount that may be paid to the chairman
is increased from $15,000 to $18,000, and the maximum amount that may
be paid to members is increased from $1,800 to $3,000.
155
BILL 155 1962-63
An Act to amend
The Municipality of Metropolitan Toronto Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Subsection 1 of section 6 of The Municipality o/^|g^. i960,
Metropolitan Toronto Act is amended by inserting after "year" subs, i,
in the second line "after elections have been held in the area
municipalities", so that the subsection shall read as follows:
(1) The first meeting of the Metropolitan Council in First
each year after elections have been held in the area Metropolitan
municipalities shall be held after the councils of all """^^
the area municipalities have held their first meetings
in the year but in any event not later than the 15th
day of January on such date and at such time and
place as may be fixed by by-law of the Metropolitan
Council.
(2) Subsection 2 of the said section 6 is repealed and the ^feo." s.^e^*
following substituted therefor: re-enacted
(2) Notwithstanding anything in any general or special First
Act, the first meeting of the council of each areaof\rea*^
municipality in each year after elections have been *^°"'^°*^°
held in the area municipalities shall be held not later
than the 8th day of January.
2. — (1) Subsection 1 of section 11 of The Municipality o/R.s.o. i960.
Metropolitan Toronto Act is repealed and the following sub- subs, i,'
stituted therefor: re-enaoted
(1) The chairman may be paid for his services as chair- Remunera-
man a sum not exceeding $18,000 per annum. chairman
(2) Subsection 2 of the said section 11 is amended by^fgoja.^i?;
striking out "$1,800" in the third line and inserting in lieu|^|j^|^^
thereof "$3,000", so that the subsection shall read as follows:
155 ''
members (2) The members of the Metropolitan Council, other
than the chairman, may be paid such annual or other
remuneration, not exceeding $3,000 per annum, as
the Metropolitan Council may determine.
o!"260,' 8.^24; ^' Clauses 6 and c of subsection 2 of section 24 of The
re-enatted •*' -^^^*^*:^<^^*^3' of Metropolitan Toronto Act are repealed and
ci. c, ' the following substituted therefor:
repealed
vote'**^*'^'^^ (6) No by-law establishing a pension plan or a by-law
required, and amending such a by-law shall be passed by the
Mmister Metropolitan Council under this subsection except
on an affirmative vote of at least two-thirds of the
Metropolitan Council present and voting thereon,
and no such by-law shall become operative until
approved by the Minister.
R-s.o. I960, 4. Section 77 of The Municipality of Metropolitan Toronto
amended ' Act \s amended by adding thereto the following subsection:
mental-V ^^^^ '^^^ Metropolitan Corporation may, at any time
by-law within the calendar year in which the expenditure is
to be made, submit to the Minister for his approval a
by-law covering the estimated expenditure on metro-
politan roads supplementing the by-law submitted
under subsection 1.
^•|gO- 1960. 5. Section 78 of The Municipality of Metropolitan Toronto
amended ' Act is amended by adding thereto the following subsection:
payments (•^) Subject to section 77, the Minister may, in his
discretion, direct payment to the Metropolitan Cor-
poration under this section, on or after the 1st day
■ of May in any year, of a sum not exceeding 25 per
cent,
{a) of the amount paid by the Minister under
this section in respect of the preceding
calendar year; or
{b) of the average annual payments made by the
Minister under this section in respect of the
five preceding calendar years. "^Pi
cl'feo,' 8.^80; ^' Clauses e and g of section 80 of The Municipality of
re-enacted Metropolitan Toronto Act are repealed and the following sub-
stituted therefor:
ie) constructing and maintaining bridges, culverts or
other structures, other than sanitary sewers, inci-
dental to the construction of a metropolitan road;
155
Section 3. The amendment is to make it clear that the requirements
of a two-thirds vote and the approval of the Minister apply only to pension
by-laws passed by the Metropolitan Council.
Section 4. The new subsection authorizes the Metropolitan Cor-
poration to submit to the Minister of Highways a supplementary by-law
covering the estimated expenditures on metropolitan roads.
Section S. The amendment will permit the Minister of Highways
to assist the Metropolitan Corporation in the financing of road expenditures
by making advance payments on the current year's subsidy for estimated
road expenditures.
Section 6. Section 80 prescribes the expenditures that are properly
chargeable to road improvement.
Clauses e and g, as re-enacted, will include expenditures for storm
sewers incidental to the construction of metropolitan roads.
155
Section 7. Self-explanatory.
Section 8. Self-explanatory.
Section 9. The Metropolitan Corporation will be required to pay to
the area municipalities 20 per cent of the amounts paid by the area munici-
palities for general assistance in respect of which provincial grants of 80 per
cent are received.
Section 10. Self-explanatory.
155
(g) constructing and maintaining an approved base for
the road surface on a metropolitan road, including
the installing and maintaining of approved drainage.
7. Subsection 4 of section 110 of The Municipality o/c.'260,'s. iid,
Metropolitan Toronto Act is repealed and the following substi- re-enacted
tuted therefor:
(4) A member shall hold office until his successor is Term of
, , . omce
appointed, and, except m the case of the fillmg of a
vacancy occurring during the term of office, a member
shall be appointed for a term of three years.
(4a) For the purpose of instituting a three-year term on q? ^t^ree-"'^
a staggered basis, the Metropolitan Council may year term
designate the terms of office of the members in office
on the 30th day of April, 1963.
(46) The Metropolitan Council may provide that the Sf°""P°^"^°''
Commission shall consist of not fewer than three commission
members.
8. Section 116a of The Municipality of Metropolitan Toronto^^oo' ^^^°*
Act, as enacted by section 10 of The Municipality of '^^^^<'- n 961-62
politan Toronto Amendment Act, 1961-62, is amended by adding c. 88, s. io),
, 1 r 11 • 1 • ° amended
thereto the lollowmg subsection:
(2) The Metropolitan Corporation may contribute to *°g^P®''*"'^«
the cost of operating the transportation system
operated by the Commission.
9. The Municipality of Metropolitan Toronto Act is amended ^feo" ^^^^'
by adding thereto the following section: amended
169a. The amounts that an area municipality are required ^|i"|rg'
to pay to provide assistance under The Gewem/ assistance
Welfare Assistance Act and that are included for the^fe^' ^^^^'
purpose of computing the contribution by Ontario
in respect of such assistance shall be repaid by the
Metropolitan Corporation to the area municipality
less any amount paid by Ontario in respect of such
assistance.
10. The Municipality of Metropolitan Toronto A ct is amended ^feo ' ^^^^'
by adding thereto the following section: amended
172a. The Metropolitan Corporation may assume and pay^^^^^^* ^^^^
50 per cent of the annual operating deficit of Regent Nursery
Park South Nursery School for the year 1963 and operating
, , deficits
subsequent years.
155
f/k^J^i^^^ 11.— (1) Clause b of subsection 1 of section 210 of The
Bubs. i, ci. b'. Municipality of Metropolitan Toronto Act is repealed and the
following substituted therefor:
(b) two persons appointed by the Metropolitan Council
who are not members of the council of an area
municipality.
(2) The present members of the Licensing Commission
designated under clause b of subsection 1 of section 210 of
The Municipality of Metropolitan Toronto Act shall remain
in office until they or their successors are appointed under the
said clause b as re-enacted by subsection 1.
Present
members
R.s^o.^i9|^o, 12. Subsection 1 of section 220 of The Municipality of
siibs. i,' ' Metropolitan Toronto Act is amended by inserting after "19"
in the second line "21", so that the subsection shall read as
follows :
Application
of R.S.O.
1960, c. 296,
to
Metropolitan
Corporation
(1) The Metropolitan Corporation shall be deemed to
be a municipality for the purposes of sections 1 to 19,
21, 23 to 25, 28, 33 and 34 of The Planning Act, and
no area municipality shall be deemed to be a muni-
cipality for the purposes of section 7 of The Planning
Act with respect to the financial requirements of the
board of The Metropolitan Toronto Planning Area.
?26o"s^^2?5 ^^•~(1) Subsection 3 of section 255 of The Municipality
Bubs. 3," 'of Metropolitan Toronto Act, as amended by subsection 2 of
section 17 of The Municipality of Metropolitan Toronto
Amendment Act, 1961-62, is repealed and the following sub-
stituted therefor:
Erection of
towns, etc.
R.S.O. 1960,
0. 249
(3) Nothing in this Act alters or affects the powers of
the Municipal Board under, and the application of,
subsections 1 to 6 and 9 of section 11 of The Muni-
cipal Act.
Annexations
and amal-
gamations
(3a) Section 14 of The Municipal Act does not apply to
any area municipality.
(2) Clause c of subsection 8a of the said section 255, as
the following substituted therefor:
R.S.O. I960,
c. 260, 8. 255,
subs. 8a enacted by subsection 3 of section 17 of The Municipality of
c. 88, s. i?, Metropolitan Toronto Amendment Act, 1961-62, is repealed and
subs. 3), - - - -
cl. c,
re-enacted
(c) for appointing members of the Metropolitan Toronto
Emergency Measures Organization, or of any com-
mittee thereof, to be in charge of such departments
155
Section 11. At present, the Licensing Commission is composed of the
chairman of the Metropolitan Council and two magistrates designated by
the Lieutenant Governor in Council. The amendment would substitute
for the two magistrates two persons appointed by the Metropolitan
Council.
Section 12. The amendment authorizes the Metropolitan Corpora-
tion, with the approval of the Minister, to enter into agreements with any
governmental authority for the carrying out of studies relating to the
physical condition of the Metropolitan Area or any part thereof.
Section 13 — Subsection 1. The new subsection 3a provides that
section 14 of The Municipal Act dealing with annexations and amalgama-
tions does not apply to the area municipalities.
Subsection 2. The amendment adopts the procedure under The
Emergency Measures Act, 1962-63 for declaring an emergency for the
purpose of invoking emergency measures in the municipality.
155
Section 14. Self-explanatory.
155
or utilities throughout the Metropolitan Area, as the
by-law may provide, when an emergency has been
proclaimed under the War Measures Act (Canada) c.'288'
or under The Emergency Measures Act, 1962-63. 1962-63,
14. Section 260 of The Municipality of Metropolitan r.s.o. i960.
Toronto Act is repealed and the following substituted therefor: re-enacted '
260. Where in an action or by the settlement of a clalm^^^^^^^J
arising out of an injury to an employee or to any employees
person deemed an employee for the purposes of TheB,.s.o. i960,
Workmen's Compensation Act the Metropolitan Cor-
poration recovers damages from a third person, such
damages or any portion thereof may be paid to such
employee or person or, in the event of his death, to
one or more of his dependants upon such terms and
conditions as the Metropolitan Corporation may
impose.
15. — (1) This Act, except sections 2 and 9, subsection 1 of commence-
section 13 and section 14, comes into force on the day it
receives Royal Assent.
(2) Section 14 shall be deemed to have come into force on idem
the 1st day of January, 1957.
(3) Subsection 1 of section 13 shall be deemed to have idem
come into force on the 1st day of December, 1961.
(4) Section 2 shall be deemed to have come into force on the idem
1st day of January, 1963.
(5) Section 9 comes into force on the 1st day of January, idem
1964.
'16. This Act may be cited as The Municipality of Metro- short titi«
politan Toronto Amendment Act, 1962-63.
155
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BILL 155
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend
The Municipality of Metropolitan Toronto Act
Mr. Spooner
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 155 1962-63
An Act to amend
The Municipality of Metropolitan Toronto Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. — (1) Subsection 1 of section 6 of The Municipality o/^|gO- 1^^^-
Metropolitan Toronto Act is amended by inserting after "year" subs, i '
in the second line "after elections have been held in the area
municipalities", so that the subsection shall read as follows:
(1) The first meeting of the Metropolitan Council in First
each year after elections have been held in the area Metropoutan
municipaUties shall be held after the councils of ^11^°""^"^
the area municipalities have held their first meetings
in the year but in any event not later than the 15th
day of January on such date and at such time and
place as may be fixed by by-law of the Metropolitan
Council.
(2) Subsection 2 of the said section 6 is repealed and the^feo,' s.^e^'
following substituted therefor: subs. 2
(2) Notwithstanding anything in any general or special First
Act, the first meeting of the council of each areaSf^lrea^
municipality in each year after elections have been ^°""'^^^^
held in the area municipalities shall be held not later
than the 8th day of January.
2. — (1) Subsection 1 of section 11 of The Municipality o/R.s.o. i960,
Metropolitan Toronto Act is repealed and the following sub-siibs. i. '
Stituted therefor: re-enacted
(1) The chairman may be paid for his services as chair- Remunera-
man a sum not exceeding $18,000 per annum. chairman
(2) Subsection 2 of the said section 11 is amended by ^feo.'s.^n'
striking out "$1,800" in the third line and inserting in lieu |^|j:^ 2^^
thereof "$3,000", so that the subsection shall read as follows:
155
members (2) The members of the Metropolitan Council, other
than the chairman, may be paid such annual or other
remuneration, not exceeding $3,000 per annum, as
the Metropolitan Council may determine.
^•fc9' I^^a' 3. Clauses b and c of subsection 2 of section 24 of The
subs. 2, ci. 6, Municipality of Metropolitan Toronto Act are repealed and
ci. c, the loUowmg substituted theretor:
repealed
Two-thirds (J) No by-law establishing a pension plan or a by-law
required, and amending such a by-law shall be passed by the
Mmistw ° Metropolitan Council under this subsection except
on an affirmative vote of at least two-thirds of the
Metropolitan Council present and voting thereon,
and no such by-law shall become operative until
approved by the Minister.
R.s.o. I960, 4. Section 77 of The Municipality of Metropolitan Toronto
c 260 s 77 • . i. ^ J ^ £
amended ' Act is amended by adding thereto the following subsection:
Supple^- (la) The Metropolitan Corporation may, at any time
by-law within the calendar year in which the expenditure is
to be made, submit to the Minister for his approval a
by-law covering the estimated expenditure on metro-
politan roads supplementing the by-law submitted
under subsection 1.
R.s.o. I960, 5. Section 78 of The Municipality of Metropolitan Toronto
amended ' Act \s amended by adding thereto the following subsection:
payments ^^) Subject to section 77, the Minister may, in his
discretion, direct payment to the Metropolitan Cor-
poration under this section, on or after the 1st day
of May in any year, of a sum not exceeding 25 per
cent,
(a) of the amount paid by the Minister under
this section in respect of the preceding
calendar year; or
{b) of the average annual payments made by the
Minister under this section in respect of the
five preceding calendar years.
R.s.o. I960,
c. 260, 8
els. e, g. Metropolitan Toronto Act are repealed and the following sub-
3^"26o,' 8 io! ^' Clauses e and g of section 80 of The Municipality of
cls. e.'g, '
re-enacted
stituted therefor:
(e) constructing and maintaining bridges, culverts or
other structures, other than sanitary sewers, inci-
dental to the construction of a metropolitan road;
155
(g) constructing and maintaining an approved base for
the road surface on a metropolitan road, including
the instalHng and maintaining of approved drainage.
7. Subsection 4 of section 110 of The Municipality o/c."26o,'8. iid,
Metropolitan Toronto A ct is repealed and the following substi- re-enacted
tuted therefor:
(4) A member shall hold office until his successor is '^^^ °f
. , .ornce
appointed, and, except in the case of the filling of a
vacancy occurring during the term of office, a member
shall be appointed for a term of three years.
(4a) For the purpose of instituting a three-year term on of^three-^'^
a staggered basis, the Metropolitan Council may year term
designate the terms of office of the members in office
on the 30th day of April, 1963.
(46) The Metropolitan Council may provide that the^/'^'Po^^^o"
Commission shall consist of not fewer than three commission
members.
8. Section 116a of The Municipality of Metropolitan Toronto^-^^- ^^^°
Act, as enacted by section 10 of The Municipality of -^^^^^<'- ngei 62
politan Toronto Amendment Act, 1961-62, is amended by adding c. 88, s. io).
thereto the following subsection :
(2) The Metropolitan Corporation may contribute to ^^g^P®^^*''^^
the cost of operating the transportation system
operated by the Commission.
9. The Municipality of Metropolitan Toronto Act is amended ^fg^- ^^^^^
by adding thereto the following section : amended
169a. The amounts that an area municipality are required ^Iffl^l^
to pay to provide assistance under The General ^^^^stance
Welfare Assistance Act and that are included for the^'i64' ^^^^'
purpose of computing the contribution by Ontario
in respect of such assistance shall be repaid by the
Metropolitan Corporation to the area municipality
less any amount paid by Ontario in respect of such
assistance.
10. The Municipality of Metropolitan Toronto A ct is amended ^f so .' ^^^^'
by adding thereto the following section : amended
172a. The Metropolitan Corporation may assume and pay^^^^^®^* ^^^^
50 per cent of the annual operating deficit of Regent Nursery
Park South Nursery School for the year 1963 and operating
, , deficits
subsequent years.
155
^•oc^'o-^^o^i^r! 11« — (1) Clause h of subsection 1 of section 210 of The
C. 260, S. 210, _ ^ '
subs. 1 ci. h, Municipality of Metropolitan Toronto Act is repealed and the
re-enacted .,,.,•'. i i <•
lollowing substituted tneretor:
{b) two persons appointed by the Metropolitan Council
who are not members of the council of an area
municipality.
Present
members
(2) The present members of the Licensing Commission
designated under clause h of subsection 1 of section 210 of
The Municipality of Metropolitan Toronto Act shall remain
in office until they or their successors are appointed under the
said clause h as re-enacted by subsection 1.
R.s.o. I960, 12. Subsection 1 of section 220 of The Municipality of
c 260 S 220 . . .
siibs. i,' ' Metropolitan Toronto Act is amended by inserting after "19"
amen e -^ ^^^ second line "21", so that the subsection shall read as
follows :
Application
of R.S.O.
1960, 0. 296,
to
Metropolitan
Corporation
(1) The Metropolitan Corporation shall be deemed to
be a municipality for the purposes of sections 1 to 19,
21, 23 to 25, 28, 3>d) and 34 of The Planning Act, and
no area municipality shall be deemed to be a muni-
cipality for the purposes of section 7 of The Planning
Act with respect to the financial requirements of the
board of The Metropolitan Toronto Planning Area,
R.s.o. I960, 13. — (1) Subsection 3 of section 255 of The Municipality
Bubs. 3,' 'of Metropolitan Toronto Act, as amended by subsection 2 of
section 17 of The Municipality of Metropolitan Toronto
Amendment Act, 1961-62, is repealed and the following sub-
stituted therefor:
Erection of
towns, etc.
R.S.O. 1960,
c. 249
(3) Nothing in this Act alters or affects the powers of
the Municipal Board under, and the application of,
subsections 1 to 6 and 9 of section 11 of The Muni-
cipal Act.
Annexations
and amal-
gamations
{Za) Section 14 of The Municipal Act does not apply to
any area municipality.
R.S.O. I960, (2) Clause c of subsection 8a of the said section 255, as
c2o0b2'SS
siibs. 8a' 'enacted by subsection 3 of section 17 of The Municipality of
c. 88, s. i?. Metropolitan Toronto Amendment Act, 1961-62, is repealed and
subs. 3),
cl. c,
re-enacted
the following substituted therefor:
(c) for appointing members of the Metropolitan Toronto
Emergency Measures Organization, or of any com-
mittee thereof, to be in charge of such departments
155
or utilities throughout the Metropolitan Area, as the
by-law may provide, when an emergency has been
proclaimed under the War Measures Act (Canada) c. 288'
or under The Emergeyicy Measures Act, 1962-63. 1962-63,
14. Section 260 of The Municipality of Metropolitan n.s.o. i960.
Toronto Act is repealed and the following substituted therefor : re-enacted '
260. Where in an action or by the settlement of a claim damT|^s\o^
arising out of an injury to an employee or to any employees
person deemed an employee for the purposes of The'R-s.o. i960,
Workmen' s Compensation Act the Metropolitan Cor-
poration recovers damages from a third person, such
damages or any portion thereof may be paid to such
employee or person or, in the event of his death, to
one or more of his dependants upon such terms and
conditions as the Metropolitan Corporation may
impose.
15. — (1) This Act, except sections 2 and 9, subsection 1 -oi ^l^^^^""^'
section 13 and section 14, comes into force on the day it
receives Royal Assent.
(2) Section 14 shall be deemed to have come into force on idem
the 1st day of January, 1957.
(3) Subsection 1 of section 13 shall be deemed to have idem
come into force on the 1st day of December, 1961.
(4) Section 2 shall be deemed to have come into force on the idem
1st day of January, 1963.
(5) Section 9 comes into force on the 1st day of January, idem
1964.
16. This Act may be cited as The Municipality of Metro- short title
politan Toronto Amendment Act, 1962-63.
155
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BILL 156
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to afford Protection for the Payment of Wages,
Materials and Services on Public Works
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
The purpose of this Bill is to ensure that persons who supply labour,
materials or services in the construction of public works undertaken by
the Crown will be paid in full.
156
I
BILL 156 1962-63
An Act to afford Protection for the
Payment of Wages, Materials and
Services on Public Works
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, l^S''-
(a) "claimant" means a creditor who has sent a notice
under subsection 1 of section 2;
(b) "contractor" means a person who performs work in
the construction, alteration, repair or maintenance of
a public work under a contract between the person
and the Crown, and includes any sub-contractor
engaged in such a work;
(c) "creditor" means a person who supplies labour,
materials or services used or reasonably required for
use in the performance of a contract with the Crown
for the construction, alteration, repair or maintenance
of a public work;
(d) "Crown" includes a board, commission or agency of
the Crown and the Ontario Water Resources Com-
mission, but does not include The Hydro-Electric
Power Commission of Ontario;
(e) "public work" has the same meaning as in Tke Public^-^-^- i^^o,
Works Act and in addition thereto includes any
undertaking by the Crown at the expense of any
person or municipality;
(/) "surety" means a person who guarantees to the
Crown the payment of creditors under a bond with
the Crown.
2. — (1) Where a contractor does not pay a creditor in^®^-''^®^^
accordance with his obligation so to do, the creditor may, notion-payment
156
later than ninety days after the last day on which the labour,
materials or services were provided, send to the appropriate
office of the Crown by registered mail a notice setting out the
nature and amount of his claim.
Payment
of claim
Amount
paid final
(2) The Crown may, after notice in writing to the contractor
and surety, if any, pay the claimant the amount settled upon
and deduct the amount so paid from any moneys due or that
may become due to the contractor on any account, and, if
there are insufficient moneys due or to become due to the
contractor to permit of such deduction, the surety, if any,
shall pay to the Crown upon demand an amount sufficient to
make up the deficiency.
(3) In paying a claim under subsection 2, the Crown may
act upon any evidence that it deems sufficient and may
compromise any disputed liability, and such payment is not
open to dispute or question by the contractor or the surety,
if any, but is final and binding upon them.
Crown may
demand list
of creditors
3. The Crown may, in writing, require a contractor to
send to it, by registered mail, within fifteen days from the
date of the mailing of the demand, a list of the names of and
the amounts owing to his creditors.
fo^dfspfay'^ 4. Every contractor shall display and keep displayed in a
s. 2, subs. 1 conspicuous place on the public work a copy of subsection 1
of section 2.
Offences
R.S.O. 1960,
c. 328,
repealed
Commence-
ment
Short title
5. A contractor who does not file a list when required to
do so under section 3 or who does not display and keep
displayed a copy of subsection 1 of section 2 as required by
section 4 is guilty of an offence and on summary conviction
is liable to a fine of not less than $10 and not more than $100
for every day during which the default continues.
6. The Public and Other Works Wages Act is repealed.
7. This Act comes into force on a day to be named by the
Lieutenant Governor by his proclamation.
8. This Act may be cited as The Public Works Creditors
Payment Act, 1962-63.
156
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BILL 156
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to afford Protection for the Payment of Wages,
Materials and Services on Public Works
Mr. Cass
{Reprinted as amended by the Committee on Legal Bills)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
.)? *
^0-1.
Explanatory Note
The purpose of this Bill is to ensure that persons who supply labour,
materials or services in the construction of public works undertaken by
the Crown will be paid in full.
156
BILL 156 1962-63
An Act to afford Protection for the
Payment of Wages, Materials and
Services on Public Works
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, t'a&^'
(a) "claimant" means a creditor who has sent a notice
under subsection 1 of section 2;
(b) "contractor" means a person who performs work in
the construction, alteration, repair or maintenance of
a public work under a contract between the person
and the Crown, and includes any sub-contractor
engaged in such a work;
(c) "creditor" means a person who supplies labour,
materials or services used or reasonably required for
use in the performance of a contract with the Crown
for the construction, alteration, repair or maintenance
of a public work;
(d) "Crown" includes a board, commission or agency of
the Crown and the Ontario Water Resources Com-
mission, but does not include The Hydro-Electric
Power Commission of Ontario;
(e) "public work" has the same meaning as in The Public^-f^- ^^^^'
Works Act and in addition thereto includes any
undertaking by the Crown at the expense of any
person or municipality;
(/) "surety" means a person who guarantees to the
Crown the payment of creditors under a bond with
the Crown.
2. — (1) Where a contractor does not pay a creditor in^^^yj^®^^^
accordance with his obligation so to do, the creditor may, not '^on-payment
156
later than ninety days after the last day on which the labour,
materials or services were provided, send to the appropriate
office of the Crown by registered mail a notice setting out the
nature and amount of his claim.
Payment
of claim
(2) The Crown may, after notice in writing to the contractor
and surety, if any, pay the claimant the amount settled upon
and deduct the amount so paid from any moneys due or that
may become due to the contractor on any account or from
the moneys or securities, if any, deposited by the contractor
with the Crown, and, if there are insufficient moneys due or
to become due to the contractor to permit of such deduction,
the surety, if any, shall pay to the Crown upon demand an
amount sufficient to make up the deficiency.
Amount
paid final
(3) In paying a claim under subsection 2, the Crown may
act upon any evidence that it deems sufficient and may
compromise any disputed liability, and such payment is not
open to dispute or question by the contractor or the surety,
if any, but is final and binding upon them.
Crown may
demand list
of creditors
Contractor
to display
s. 2, subs. 1
3. The Crown may, in writing, require a contractor to
send to it, by registered mail, within fifteen days from the
date of the mailing of the demand, a list of the names of and
the amounts owing to his creditors.
4. Every contractor shall display and keep displayed in a
conspicuous place on the public work a copy of subsection 1
of section 2.
Offences 5. A contractor who does not file a list when required to
do so under section 3 or who does not display and keep
displayed a copy of subsection 1 of section 2 as required by
section 4 is guilty of an ofTence and on summary conviction
is liable to a fine of not less than $10 and not more than
for every day during which the default continues.
Regulations g, — (1) ^he Lieutenant Governor in Council may make
regulations,
(a) extending or reducing the periods of time referred to
in sections 2 and 3;
(b) providing for and requiring notices in addition to
the notice mentioned in section 2 ;
(c) respecting any matter necessary or advisable to
carry out effectively the intent and purpose of this
Act.
156
(2) Any regulation made under subsection 1 or any pro- Application
vision thereof may be made applicable in respect of any class
or classes of contractor. "^^i
7. The Public and Other Works Wages Act is repealed, c.'328' ^^^ '
repealed
8. This Act comes into force on a day to be named by the m^e^t"^"'^^
Lieutenant Governor by his proclamation.
9. This Act may be cited as The Public Works Creditors ^^°^^ ^^^^^
Payment Act, 1962-63.
156
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BILL 156
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to afford Protection for the Payment of Wages,
Materials and Services on Public Works
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 156 1962-63
An Act to afford Protection for the
Payment of Wages, Materials and
Services on Public Works
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, l^S'^'
(a) "claimant" means a creditor who has sent a notice
under subsection 1 of section 2;
(b) "contractor" means a person who performs work in
the construction, alteration, repair or maintenance of
a public work under a contract between the person
and the Crown, and includes any sub-contractor
engaged in such a work;
(c) "creditor" means a person who supplies labour,
materials or services used or reasonably required for
use in the performance of a contract with the Crown
for the construction, alteration, repair or maintenance
of a public work;
(d) "Crown" includes a board, commission or agency of
the Crown and the Ontario Water Resources Com-
mission, but does not include The Hydro-Electric
Power Commission of Ontario;
(e) "public work" has the same meaning as in The Public^-^^- 1^^*'-
Works Act and in addition thereto includes any
undertaking by the Crown at the expense of any
person or municipality;
(/) "surety" means a person who guarantees to the
Crown the payment of creditors under a bond with
the Crown.
2. — (1) Where a contractor does not pay a creditor i'l notice ^of*^
accordance with his obligation so to do, the creditor may, not non-payment
156
later than ninety days after the last day on which the labour,
materials or services were provided, send to the appropriate
office of the Crown by registered mail a notice setting out the
nature and amount of his claim.
Payment
of claim
Amount
paid final
(2) The Crown may, after notice in writing to the contractor
and surety, if any, pay the claimant the amount settled upon
and deduct the amount so paid from any moneys due or that
may become due to the contractor on any account or from
the moneys or securities, if any, deposited by the contractor
with the Crown, and, if there are insufficient moneys due or
to become due to the contractor to permit of such deduction,
the surety, if any, shall pay to the Crown upon demand an
amount sufficient to make up the deficiency.
(3) In paying a claim under subsection 2, the Crown may
act upon any evidence that it deems sufficient and may
compromise any disputed liability, and such payment is not
open to dispute or question by the contractor or the surety,
if any, but is final and binding upon them.
Crown may
demand list
of creditors
3. The Crown may, in writing, require a contractor to
send to it, by registered mail, within fifteen days from the
date of the mailing of the demand, a list of the names of and
the amounts owing to his creditors.
Contractor
to display
s. 2, subs. 1
4. Every contractor shall display and keep displayed in a
conspicuous place on the public work a copy of subsection 1
of section 2.
Offences 5, A contractor who does not file a list when required to
do so under section 3 or who does not display and keep
displayed a copy of subsection 1 of section 2 as required by
section 4 is guilty of an offence and'^on summary conviction
is liable to a fine of not less than $10 and not more than $100
for every day during which the default continues.
Regulations Q^ — (j) ^he Lieutenant Governor in Council may make
regulations,
(a) extending or reducing the periods of time referred to
in sections 2 and 3;
(b) providing for and requiring notices in addition to
the notice mentioned in section 2 ;
(c) respecting any matter necessary or advisable to
carry out effectively the intent and purpose of this
Act.
156
(2) Any regulation made under subsection 1 or any pro- ^pp'^^^^^o"
vision thereof may be made applicable in respect of any class
or classes of contractor.
7. The Public and Other Works Wages Act is repealed. ?f28: ^^^^'
repealed
8. This Act comes into force on a day to be named by the m°e^™®'^°®'
Lieutenant Governor by his proclamation.
9. This Act may be cited as The Public Works Creditors short title
Payment Act, 1962-63.
156
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BILL 157
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Police Act
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
7? I J J] a
Explanatory Notes
Section 1. The effect of this amendment will be that cities and
counties (which are now excluded) having a combined population of more
than 5,000 may establish a joint board of commissioners of police.
Section 2. This amendment will enable a council to provide more
realistically for any moneys that may be required under a collective
bargaining agreement then being negotiated.
Section 3. Complementary to section 4 of the Bill.
Section 4. The functions of the Ontario Police Commission are set
out.
157
BILL 157 1962-63
An Act to amend The Police Act
HER MAJESTY, by and with tlie advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 1 of section 8 of The Police Act is amended ^fgs,' s.^8?'
by striking out "other than cities and counties" in the second |^|j^^^^
line, so that the subsection shall read as follows:
(1) Notwithstanding any special Act, any two or niore'^o'^ds
municipalities having a combined population of more ®^*^'^^^^^"
than 5,000 according to their last revised assessment
rolls may, if authorized so to do by by-law of their
respective councils, by agreement constitute a board.
2. Section 35 of The Police Act is amended by striking out^f^g- g^fg;
"adequate provision for the payment of such expenditures ^^^'^^^^^
as are involved in the request" in the seventh and eighth
lines and inserting in lieu thereof "such provision as in its
opinion is adequate for the payment of any expenditure result-
ing from such agreement, decision or award", so that the
section shall read as follows:
35. Where a recjuest in writing is made under sub-^''jP^'^*^'^
section 1 of section 27 after the 30th day of November expenditure
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 such provision as in its opinion is adecjuate
for the payment of any expenditure resulting from
such agreement, decision or award.
R.S.O. 1960,
3. Subsection 6 of section 39a of The Police Act, as enacted (1961-62',
by section 6 of The Police Amendment Act, 1961-62, is repealed, subs.^e,^' ^^'
repealed
4r. The Police Act is amended by adding thereto the follow- ^^IgO- i^^o,
ing section : amended
157
1'J/
Functions T,^}) j^- \^ ^he fuiiction of the Commission,
Commission
(a) to maintain a s^'stem of statistical records and
research studies of criminal occurrences and
matters related thereto for the purpose of
aiding the police forces in Ontario;
{b) to consult with and advise boards of com-
missioners of police, police committees of
municipal councils and other police authorities
and chief constables on all matters relating
to police and policing;
(c) to provide to boards of commissioners of
police, police committees of municipal councils
and other police authorities and chief con-
stables information and advice respecting the
management and operation of police forces,
techniques in handling special problems and
other information calculated to assist;
{(i) through its members and advisers, to con-
duct a system of regular visits to the muni-
cipal police forces throughout Ontario;
(e) to assist in co-ordinating the work and efforts
of the police forces in Ontario;
(/) to operate the Ontario Police College;
ig) to conduct investigations in accordance with
the provisions of this Act;
(//) to hear and dispose of appeals from members
of police forces in accordance with this Act
and the regulations; and
(/) to exercise the powers and perform the duties
conferred and imposed upon it by this Act.
c!^'298' 8^4o' ^* Subsection 2 of section 40 of The Police Act, as re-
(1961-62 enacted bv section 7 of The Police Amendment Act, 1961-62,
0. 106, S. 7), . 1 'l 1 • . r r^ • • tt • 1 <-
subs. 2. IS amended by insertmg after Commission in the first and
second lines "as approved by the Attorney General", so that
the subsection shall read as follows:
amended
Powers (2) Subject to the direction of the Ontario Police Coin-
duties mission as approved by the Attorney General, the
Commissioner has the general control and adminis-
tration of the Ontario Provincial Police Force and
the employees connected therewith.
157
Section 5. Self-explanatory.
157
Section 6. This new provision will require the Commissioner of the
Ontario Provincial Police Force to file a report annually upon the affairs
of the Force.
157
6. The Police Act is amended by adding thereto the follow- ^Ig'^- 1^^^-
ing section: amended
41a. The Commissioner shall, after the close of each^^^"^^
calendar year, file with the Attorney General an
annual report upon the affairs of the Ontario Pro-
vincial Police Force, and the Attorney General shall
submit the report to the Lieutenant Governor in
Council and shall then lay the report before the
Assembly if it is in session or, if not, at the next
ensuing session.
7. This Act comes into force on the day it receives Royal ^^°^^j"^®'^^®"
Assent.
8. This Act may be cited as The Police Amendment Act, "^*^'"* **"®
1962-63.
157
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BILL 157
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Police Act
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 157 1962-63
An Act to amend The Police Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :
1. Subsection 1 of section 8 of The Police Act is amended ^f 98,' s.^l?"
by striking out "other than cities and counties" in the second 1^1^:^^^^
line, so that the subsection shall read as follows:
(1) Notwithstanding any special Act, any two or more bok^rds,
municipalities having a combined population of more ^*^^**^^'
than 5,000 according to their last revised assessment
rolls may, if authorized so to do by by-law of their
respective councils, by agreement constitute a board.
2. Section 35 of The Police Act is amended by striking out ^fgs' s.^ls!
"adequate provision for the payment of such expenditures ^"^®"^®^
as are involved in the request" in the seventh and eighth
lines and inserting in lieu thereof "such provision as in its
opinion is adequate for the payment of any expenditure result-
ing from such agreement, decision or award", so that the
section shall read as follows :
35. Where a request in writing is made under sub- ^^jP'^'^*^"
section 1 of section 27 after the 30th day of November expenditure
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 such provision as in its opinion is adequate
for the payment of any expenditure resulting from
such agreement, decision or award.
R.S.O. I960,
c 208 s 30fl
3. Subsection 6 of section 39a of The Police Act, as enacted (i96i-'62,
by section 6 of The Police Amendment Act, 1961-62, is repealed, subs.^e,^" ^^'
repealed
4. The Police Act is amended by adding thereto the follow- ^Ig"^- 1^^^-
ing section: amended
157
Functions 39^^ I|- jg ^-^g function of the Commission,
Commission
(a) to maintain a system of statistical records and
research studies of criminal occurrences and
matters related thereto for the purpose of
aiding the police forces in Ontario;
(b) to consult with and advise boards of com-
missioners of police, police committees of
municipal councils and other police authorities
and chief constables on all matters relating
to police and policing;
(c) to provide to boards of commissioners of
police, police committees of municipal councils
and other police authorities and chief con-
stables information and advice respecting the
management and operation of police forces,
techniques in handling special problems and
other information calculated to assist;
(d) through its members and advisers, to con-
duct a system of regular visits to the muni-
cipal police forces throughout Ontario;
(e) to assist in co-ordinating the work and efforts
of the police forces in Ontario;
(/) to operate the Ontario Police College;
(g) to conduct investigations in accordance with
the provisions of this Act;
(h) to hear and dispose of appeals from members
of police forces in accordance with this Act
and the regulations; and
(i) to exercise the powers and perform the duties
conferred and imposed upon it by this Act.
S'lgg." 8.^40' ^' Subsection 2 of section 40 of The Police Act, as re-
l^^inV^f^N enacted by section 7 of The Police Amendment Act, 1961-62,
subs. 2, IS amended by msertmg after "Commission" ni the first and
second lines "as approved by the Attorney General", so that
the subsection shall read as follows:
amended
Powers (2) Subject to the direction of the Ontario Police Com-
duties mission as approved by the Attorney General, the
Commissioner has the general control and adminis-
tration of the Ontario Provincial Police Force and
the employees connected therewith.
157
6. The Police Act is amended by adding thereto the follow- ^fgO- i^^o
ing section: amended
41a. The Commissioner shall, after the close of each^porf^
calendar year, file with the Attorney General an
annual report upon the affairs of the Ontario Pro-
vincial Police Force, and the Attorney General shall
submit the report to the Lieutenant Governor in
Council and shall then lay the report before the
Assembly if it is in session or, if not, at the next
ensuing session.
7. This Act comes into force on the day it receives Royal ^°^^"^®'^°®-
Assent.
8. This Act may be cited as The Police Amendment Act,^^°^^^^^^^
1962-63.
157
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BILL 158
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Land Titles Act
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Note
This amendment will enable a person other than a barrister or solicitor
to be app>ointed senior deputy master of titles.
158
BILL 158 1962-63
An Act to amend The Land Titles Act
HER Mi\JESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 2 of section 9 of The Land Titles Ad, as ^(^-^c.'tol'l^Q^'
enacted by section 6 of The Land Titles Amendment ^c/.^ubs. 2
. . ill • !• • (1961-62,
1961-62, is amended by stnkme out barrister or solicitor to^- 70, s. 6),
be the" in the second line, so that the subsection shall read
as follows:
(2) The Lieutenant Governor in Council may appoint ||p|j°jL
a senior deputy master of titles, and the person so"|.aster
appointed shall act under the supervision of the
master of titles or shall act as master of titles in
the absence of the master of titles, and, when acting
in the absence of the master of titles, the senior
deputy master of titles has and may exercise and
perforin the powers and duties of the master of titles.
2. This Act comes into force on the day it receives Ro3\'il nient"^^'^'^^
Assent.
3. This Act may be cited as The Land Titles Ameiulment^^^^^ ^^^^^
Act, 1962-63.
158
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BILL 158
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Land Titles Act
Mr. Cass
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 158 1962-63
An Act to amend The Land Titles Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Subsection 2 of section 9 of The Land Titles Act, as re- ^154; g^g^'
enacted by section 6 of The Land Titles Amendment ^c^(i96i?62
1961-62, is amended by striking out "barrister or solicitor to^. 70, s. 6).
,,,,., , ,. , , , . 1 ,, , amended
be the m the second Ime, so that the subsection shall read
as follows:
(2) The Lieutenant Governor in Council may appoint flplfty
a senior deputy master of titles, and the person so ^j.^^^*^.^^g
appointed shall act under the supervision of the
master of titles or shall act as master of titles in
the absence of the master of titles, and, when acting
in the absence of the master of titles, the senior
deputy master of titles has and may exercise and
perform the powers and duties of the master of titles.
2. This Act comes into force on the day it receives Royal ment"'^"'®"
Assent.
3. This Act may be cited as The Land Titles Amendment ^^^^'^ ^^^^^
Act, 1962-63.
158
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BILL 159
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Oleomargarine Act
Mr. Stewart
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1. The purpose of the amendment is to prevent oleomar-
garine from having a tint or shade of yellow, or of yellow and red collec-
tively, ranging from one and six-tenths degrees to ten and one-half degrees
measured in terms of the Lovibond tintometer scale.
Section 2. The amendment requires the kinds of refined oil con-
tained in oleomargarine and the percentage that each is of the total refined
oil to be marked on the package.
Section 3. The new clause da pro^■ides for the keeping of records
by manufacturers and wholesalers.
The new clause dh provides for the marking and labelling of packages
containing oleomargarine.
159
BILL 159 1962-63
An Act to amend The Oleomargarine Act
HER MxA.JESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 4 of The Oleomargarine Act is amended by ^feg" s.^4^'
inserting after "degrees" in the second line "and less than ^"^^"^®^
ten and one-half degrees", so that the section shall read as
follows :
4. No oleomargarine shall have a tint or shade contain- <^"o'o"'''ng
ing more than one and six-tenths degrees and less than
ten and one-half degrees of yellow, or of 3'ellow and
red collectively, measured in terms of the Lovibond
tintometer scale read under conditions substantially
similar to those established by the United States
Bureau of Internal Revenue, or the equivalent of
such measurement.
2. Section 5 of The Oleomargarine Act is amended by ^fgg- g'^f^'
striking out "and" at the end of clause a, by adding "and" '^'^«'^^®<i
at the end of clause h and by adding thereto the following
clause:
(c) the kinds of refined oil forming an ingredient in the
oleomargarine and the percentage that each kind is
of the total refined oil.
3. Section 9 of The Oleomargarine Act is amended by ^^feg,' s.^n!'"
adding thereto the following clauses: amended
{da) requiring and providing for the keeping of records
by manufacturers and wholesalers;
(db) respecting the marking and labelling of packages in
which oleomargarine is contained.
4. This Act comes into force on the day it receives Royal Commence-
■' ■' ment
Assent.
5. This Act may be cited as The Oleomargarine Amendment Short title
Act, 1962-63.
159
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BILL 159
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Oleomargarine Act
Mr. Stewart
{Reprinted as amended by the Committee of the Whole House)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
Explanatory Notes
Section 1. The purpose of the amendment is to prevent oleomar-
garine from having a tint or shade of yellow, or of yellow and red collec-
tively, ranging from one and six-tenths degrees to ten and one-half degrees
measured in terms of the Lovibond tintometer scale.
Section 2. The amendment requires the kinds of refined oil con-
tained in oleomargarine and the percentage that each is of the total refined
oil to be marked on the package.
Section 3. The new clause da provides for the keeping of records
by manufacturers and wholesalers.
The new clause db provides for the marking and labelling of packages
containing oleomargarine.
159
BILL 159 1962-63
An Act to amend The Oleomargarine Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :
1. Section 4 of The Oleomargarine Act is amended by ^fes' s.^l?'
inserting after "degrees" in the second line "and less than *'^®'^°®*^
ten and one-half degrees", so that the section shall read as
follows :
4. No oleomargarine shall have a tint or shade contain- Colouring
ing more than one and six-tenths degrees and less than
ten and one-half degrees of yellow, or of yellow and
red collectively, measured in terms of the Lovibond
tintometer scale read under conditions substantially
similar to those established by the United States
Bureau of Internal Revenue, or the equivalent of
such measurement.
2. Section 5 of The Oleomargarine Act is amended by ^fes' sf i**'
striking out "and" at the end of clause a, by adding "and" ai"®"<^«^
at the end of clause b and by adding thereto the following
clause:
(c) the kinds of refined oil forming an ingredient in the
oleomargarine and the percentage that each kind is
of the total refined oil.
3. Section 9 of The Oleomargarine Act is amended by ^Ia*^- i960,
adding thereto the following clauses: amended
(da) requiring and providing for the keeping of records
by manufacturers and wholesalers;
{db) respecting the marking and labelling of packages in
which oleomargarine is contained.
4. — (1) This Act, except sections 2 and 3, comes into force ^°™^"®'^*^®'
on the day it receives Royal Assent.
159
i'^®"^ (2) Sections 2 and 3 come into force on a day to be named
by the Lieutenant Governor by his proclamation.
Short title g^ This Act may be cited as The Oleomargarine Amendment
Act, 1962-63.
159
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BILL 159
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Oleomargarine Act
Mr. Stewart
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
*>tiT
BILL 159 1962-63
An Act to amend The Oleomargarine Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 4 of The Oleomargarine Act is amended by ^fes," s.^l?'
inserting after "degrees" in the second line "and less than ^™®"*^®**
ten and one-half degrees", so that the section shall read as
follows:
4. No oleomargarine shall have a tint or shade contain- Colouring
ing more than one and six-tenths degrees and less than
ten and one-half degrees of yellow, or of yellow and
red collectively, measured in terms of the Lovibond
tintometer scale read under conditions substantially
similar to those established by the United States
Bureau of Internal Revenue, or the equivalent of
such measurement.
2. Section 5 of The Oleomargarine Act is amended by ^fes,' sfE?'
striking out "and" at the end of clause a, by adding "and"^'^®"*^®^
at the end of clause b and by adding thereto the following
clause:
(c) the kinds of refined oil forming an ingredient in the
oleomargarine and the percentage that each kind is
of the total refined oil.
3. Section 9 of The Oleomargarine Act is amended by ^^l-O- i9|o,
adding thereto the following clauses: amended
{da) requiring and providing for the keeping of records
by manufacturers and wholesalers;
{db) respecting the marking and labelling of packages in
which oleomargarine is contained.
4. — (1) This Act, except sections 2 and 3, comes into force ^°2*^°^®°^**
on the day it receives Royal Assent.
159
i^®™ (2) Sections 2 and 3 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 The Oleomargarine Amendment
Act, 1962-63.
159
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BILL 160
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Milk Industry Act
Mr. Stewart
TORONTO
Printed and Publishicd by Frank Fogg, Queen's Printer
mt
Explanatory Notes
Section 1. The definition of "fluid milk" is clarified.
Section 2. The new paragraphs 27a and 276 extend the Board's
authority to make regulations with respect to regulated products.
Section 3. The new section establishes the minimum and maximum
degrees of tints or shades of yellow, or of yellow and red collectively, that
may be used in the colouring of butter.
160
BILL 160 1962-63
An Act to amend The Milk Industry Act
HER MAJESTY, by and with tlie advice and consent of
the Legislative Assembly of the I'rovince of Ontario,
enacts as follows:
1. Paragraph 12 of subsection 1 of section 1 of The Milk f/ 239'. l^i!'
Industry Act, as re-enacted by subsection 1 of section 1 of The^^^^-^'
Milk Industry Amendment Act, 1960-61, is repealed and the d^^o-ei,
followang substituted therefor: subs.'i).
re-enacted
12. "fluid milk" means milk produced for sale to dis-
tributors for use in fluid milk products.
2. Subsection 1 of section 8 of The Milk Industry Act isc^'fag,' s.^f!^'
amended by adding thereto the following paragraphs: Iniended
27a. requiring any person who produces a regulated
product to offer to sell and to sell the regulated
product through the local board constituted to
administer the plan under which the regulated
product is regulated;
276. prohibiting any person from processing, packing or
packaging any of the regulated product that has not
been sold by or through the local board constituted
to administer the plan established for the regulating
or controlling of the marketing of the regulated
product.
3. The Milk Industry Act is amended by adding thereto (^fas.' ^^*^^'
the following section : amended
15a. — (1) Except as provided in the regulations, "o ^jPJ^oj^^^^.'^je
person shall manufacture, sell, offer for sale or have
in possession for sale butter that has a tint or shade
containing less than one and six-tenths degrees or
more than ten and one-half degrees of yellow, or of
yellow and red collectively, measured in terms of the
160
Loviboud tintometer scale read under conditions
substantially similar to those established by the
United States Bureau of Internal Revenue, or the
equivalent of such measurement.
and^ '"^'^ (2) The Lieutenant Governor in Council may appoint
analysts field-men and analysts to carry out and enforce this
section.
c!"239.' s.^le! ^' Subsection 1 of section 36 of The Milk Industry Act, as
re-enacted amended by section 12 of The Milk Industry Amendment Act,
1960-61, is repealed and the following substituted therefor:
proceedings (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, distributor or operator of a
plant from carrying on business as a transporter,
processor, distributor or operator of a plant, abso-
lutely or for such period as seems just, and any
injunction ipso facto cancels the licence of the
transporter, processor, distributor or operator of a
plant named in the order during the same i^eriod.
ment*^^"^^^ 5. This Act comes into force on the day it receives Royal
Assent.
Short title q^ Th\s Act mav be cited as The Milk Industry Amendment
Act, 1962-63.
160
Section 4. The subsection is re-enacted to include operators of plants
among those against whom an injunction may be obtained.
160
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BILL 160
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Milk Industry Act
Mr. Stewart
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 160 1962-63
An Act to amend The Milk Industry Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Paragraph 12 of subsection 1 of section 1 of The M^/^^fs?; l.^i°'
Industry Act, as re-enacted by subsection 1 of section 1 of The^^^^/^'
Milk Industry Amendment Act, 1960-61, is repealed and the(i960-6i^
following substituted therefor: subs.'i),
re-enacted
12. "fluid milk" means milk produced for sale to dis-
tributors for use in fluid milk products.
2. Subsection 1 of section 8 of The Milk Industry Act is^fg?; g.^f^''
amended by adding thereto the following paragraphs: l^lnded
27a. requiring any person who produces a regulated
product to offer to sell and to sell the regulated
product through the local board constituted to
administer the plan under which the regulated
product is regulated;
276. prohibiting any person from processing, packing or
packaging any of the regulated product that has not
been sold by or through the local board constituted
to administer the plan established for the regulating
or controlling of the marketing of the regulated
product.
3. The Milk Industry Act is amended by adding thereto ^fa?," ^^^*^'
the following section : amended
15a. — (1) Except as provided in the regulations, no ^j?Jj<'J|.^ig"j8
person shall manufacture, sell, offer for sale or have
in possession for sale butter that has a tint or shade
containing less than one and six-tenths degrees or
more than ten and one-half degrees of yellow, or of
yellow and red collectively, measured in terms of the
160
Field-men
and
analysts
Lovibond tintometer scale read under conditions
substantially similar to those established by the
United States Bureau of Internal Revenue, or the
equivalent of such measurement.
(2) The Lieutenant Governor in Council may appoint
field-men and analysts to carry out and enforce this
section.
o!"239,' s.^36! ^* Subsection 1 of section 36 of The Milk Industry Act, as
re-enacted amended by section 12 of The Milk Industry Amendment Act,
1960-61, is repealed and the following substituted therefor:
Injunction
proceedings
Commence-
ment
(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, distributor or operator of a
plant from carrying on business as a transporter,
processor, distributor or operator of a plant, abso-
lutely or for such period as seems just, and any
injunction ipso facto cancels the licence of the
transporter, processor, distributor or operator of a
plant named in the order during the same period.
5. This Act comes into force on the day it receives Royal
Assent.
Short title
6. This Act may be cited as The Milk Industry Amendment
Act, 1962-63.
160
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BILL 161
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Brucellosis Act
Mr. Stewart
TORONTO
Printed A^^) Published by Frank Fogg, Queen's Printer
t V
Explanatory Note
At present, the conditions under which compensation may be paid
to the owner of a calf that dies after being Ivaccinated against brucellosis
are set out in section 14 of the Act.
Section 14 is repealed in order that compensation may be provided
for by regulation.
161
BILL 161 1962-63
An Act to amend The Brucellosis Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 14 of The Brucellosis Act is repealed. ^■4i?s.^i4?'
repealed
2. Section 18 of The Brucellosis Act is amended by adding R^|-0- i^^o,
thereto the following clause: amended
{ea) providing for the compensation of the owner of a
female calf that dies after being vaccinated, and
prescribing the terms and conditions under which
such compensation may be paid.
3. This Act comes into force on the dav it receives Royal commence-
Assent. ' "^®"*
4. This Act may be cited as The Brucellosis Amendment short mie
Act, 1962-63.
161
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BILL 161
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Brucellosis Act
Mr. Stewart
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 161 1962-63
An Act to amend The Brucellosis Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Section 14 of The Bnicellosis Act is repealed. f.'lS's^ll^,'
repealed
2. Section 18 of The Brucellosis Act is amended by adding R-|-C>. i960,
thereto the following clause: amended
{ea) providing for the compensation of the owner of a
female calf that dies after being vaccinated, and
prescribing the terms and conditions under which
such compensation may be paid.
3. This Act comes into force on the day it receives Royal ^ent"*"^*"
Assent.
4. This Act may be cited as The Brucellosis Amendment ^^^^^ ^'^^^^
Act, 1962-63.
161
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BILL 162
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to establish the
Province of Ontario Council for the Arts
Mr. Robarts
TORONTO
Printed and Published by F"rank Fogg, Queen's Printer
Explanatory Note
The purpose of this Bill is to establish the Province of Ontario Council
for the Arts.
162
BILL 162 1962-63
An Act to establish the
Province of Ontario Council for the Arts
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, Iftt^r'
(a) "arts" means the arts of the theatre, literature,
music, painting, sculpture, architecture or the
graphic arts, and includes any other similar creative
or interpretative activity;
(b) "Council" means the Province of Ontario Council
for the Arts established under this Act;
(c) "Minister" means the Minister of Education.
2. A corporation is hereby established, to be known as ^g0^gj<|'jj^gjj
the "Province of Ontario Council for the Arts", consisting of
a chairman, a vice-chairman and ten other members.
3. The Lieutenant Governor in Council shall appoint theAppoint-
chairman, the vice-chairman and the other members of the
Council, each of whom shall hold ofifice for a term of three
years, except that, of those first appointed, four shall be
appointed for a term of one year, four for two years, and four
for three years.
4. The chairman, the vice-chairman and tlie other members Allowances
J. , „ ., , . , , , ,,. .... ^"d expenses
ot the Council may be paid reasonable travelling and living
expenses incurred by them while away from their ordinary
places of residence on the business of the Council.
5. A majority of the members of the Council constitutes a Quorum
quorum whether or not a vacancy exists in the membership
of the Council.
162
Objects g. It is the function of the Council and it has power to
powers promote the study and enjoyment of and the production of
works in the arts, and to such end may,
(a) assist, co-operate with and enlist the aid of organiza-
tions whose objects are similar to the objects of the
Council;
(b) provide through appropriate organizations or other-
wise for grants, scholarships or loans to persons in
Ontario for study or research in the arts in Ontario
or elsewhere or to persons in other provinces or
territories of Canada or any other countries for
study or research in the arts in Ontario;
(c) make awards to persons in Ontario for outstanding
accomplishments in the arts.
By-iaw8 7, Xhe Council may make by-laws regulating its proceedings
and generally for the conduct and management of its
activities.
Meetings g^ ^he Council shall meet at least four times a year in the
City of Toronto on such days as are fixed by the Council,
and at such other times and places as the Council considers
advisable.
Funds 9. — (1) The moneys for the purposes of the Council shall
be paid out of the moneys that are appropriated therefor by
the Legislature.
^*^®"^ (2) The Council ma>- acquire money, securities or other
property, real or personal, by gift, devise, bequest or otherwise,
and may expend, administer or dispose of any such money,
securities or other property in the promotion of its objects,
subject to the terms, if any, upon which such money, securities
or other property were given, devised, bequeathed or otherwise
made payable to the Council.
-orrfmittee* ^^* — ^^^ ^^^ Lieutenant Governor in Council may establish
an investment committee composed of the chairman of the
Council, a member of the Council designated by the Council
and a person appointed by the Lieutenant Governor in Council.
u es ^2) The investment committee shall aid and advise the
Council with respect to the investment of any of its moneys
that may remain in its hands from time to time.
^"**'* 11. The accounts and financial transactions of the Council
shall be audited annually by the Provincial Auditor, and a
report of the audit shall be made to the Council and to the
Minister.
162
12. The chairman of the Council shall annually file with^^^^^^^
the Minister a report upon the affairs of the Council, and
the Minister 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.
13. This Act comes into force on the day it receives Royal ment^^*^^^
Assent.
14. This Act may be cited as The Arts Council ^c^, Short title
1962-63.
162
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BILL 162
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to establish the
Province of Ontario Council for the Arts
Mr. Robarts
TORONTO
Printed and PunuisHED by Frank P'ogg, Queen's Printer
BILL 162 1962-63
An Act to establish the
Province of Ontario Council for the Arts
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, t'a&^''
(a) "arts" means the arts of the theatre, literature,
music, painting, sculpture, architecture or the
graphic arts, and includes any other similar creative
or interpretative activity;
(b) "Council" means the Province of Ontario Council
for the Arts established under this Act;
(c) "Minister" means the Minister of Education.
2. A corporation is hereby established, to be known as ^^^|^j°.'g^j^g^
the "Province of Ontario Council for the Arts", consisting of
a chairman, a vice-chairman and ten other members.
3. The Lieutenant Governor in Council shall appoint the Appoint-
chairman, the vice-chairman and the other members of the
Council, each of whom shall hold office for a term of three
years, except that, of those first appointed, four shall be
appointed for a term of one year, four for two years, and four
for three years.
4. The chairman, the vice-chairman and the other members ■'^•i?^^'^'^®^
f , ^ ., , . , , , ,,. II.. ^"^d expenses
ot the Council may be paid reasonable travelling and living
expenses incurred by them while away from their ordinary
places of residence on the business of the Council.
5. A majority of the members of the Council constitutes a Quorum
quorum whether or not a vacancy exists in the membership
of the Council.
162
6. It is the function of the Council and it has power to
promote the study and enjoyment of and the production of
works in the arts, and to such end may,
(a) assist, co-operate with and enlist the aid of organiza-
tions whose objects are similar to the objects of the
Council ;
(b) provide through appropriate organizations or other-
wise for grants, scholarships or loans to persons in
Ontario for study or research in the arts in Ontario
or elsewhere or to persons in other provinces or
territories of Canada or any other countries for
study or research in the arts in Ontario;
(c) make awards to persons in Ontario for outstanding
accomplishments in the arts.
7. The Council may make by-laws regulating its proceedings
and generally for the conduct and management of its
activities.
8. The Council shall meet at least four times a year in the
City of Toronto on such days as are fixed by the Council,
and at such other times and places as the Council considers
advisable.
9. — (1) The moneys for the purposes of the Council shall
be paid out of the moneys that are appropriated therefor by
the Legislature.
(2) The Council may acquire money, securities or other
property, real or personal, by gift, devise, bequest or otherwise,
and may expend, administer or dispose of any such money,
securities or other property in the promotion of its objects,
subject to the terms, if any, upon which such money, securities
or other property were given, devised, bequeathed or otherwise
made payable to the Council.
10. — (1) The Lieutenant Governor in Council may establish
an investment committee composed of the chairman of the
Council, a member of the Council designated by the Council
and a person appointed by the Lieutenant Governor in Council.
(2) The investment committee shall aid and advise the
Council with respect to the investment of any of its moneys
that may remain in its hands from time to time.
11. The accounts and financial transactions of the Council
shall be audited annually by the Provincial Auditor, and a
report of the audit shall be made to the Council and to the
Minister.
162
12. The chairman of the Council shall annually file with^^^^^^
the Minister a report upon the affairs of the Council, and
the Minister 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.
13. This Act comes into force on the day it receives Royal ment"^"*^^'
Assent.
14. This Act may be cited as The Arts Council ^c/.^^^""* ""«
1962-63.
162
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BILL 163
4th SESsioisr, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act respecting Medical Services Insurance
Mr. Robarts
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
c.
Explanatory Note
The purpose of this Bill is to make it possible for all residents of
Ontario to obtain protection against the cost of medical and surgical care
and services.
163
BILL 163 1962-63
An Act respecting Medical Services Insurance
H
ER MAJESTY', by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, ?;S--
(a) "benefit" means a payment made to a covered person
for medical or surgical care or services or the {per-
formance of such care or services for a covered
})erson under a medical services insurance contract;
(b) "carrier" means a i)erson, firm, group, association,
society, union, agency or corporation that sells or
provides or offers to sell or provide medical services
insurance;
(c) "covered person" means a i^erson who is covered by
medical services insurance;
(d) "dej^endant" means a resident who is,
(i) the spouse of the head of a family,
(ii) any unmarried child under the age of nineteen
years who is dependent or substantially
dependent for maintenance upon the head of
a family, or
(iii) any son or daughter who by reason of mental
or physical infirmity is dependent or sub-
stantially deiX-Mident for maintenance ujwn
the head of a family, and who was, prior to
the age of nineteen, dependent or substantially
dependent for maintenance upon the head of
a family;
(e) "guaranteed renewable" means the right conferred
uj)on a covered person, in the absence of mis-
representation or non-payment of subscription, to
163
continue a medical services insurance contract in
force from the date of issue until tiie carrier is no
longer licensed under this Act;
(/) "head of a family" means the member of the family
upon whom the family is principally dependent for
maintenance:
R.S.O.
c. 176
I960,
(g) "hospital" means a hospital that is approved for the
purposes of the plan of hospital care insurance under
The Hospital Services Commission Act;
R.S.O.
C. 71
I960,
(h) "Medical Carriers Incorporated" means the non-
profit corporation, incorporated pursuant to Part III
of The Corporations Act, whose membership is com-
posed of the carriers licensed under this Act;
(i) "medical services insurance" means a contract,
agreement, scheme, fund or arrangement whereby a
resident is covered for medical or surgical care or
services or the cost or a portion thereof when
rendered to such resident and his dependants by or
under the direction of a physician, but does not
include the limited and incidental insurance against
medical and surgical expenses provided in conjunc-
tion with motor vehicle liability, employer's liability,
[)ublic liability, and workmen's compensation insur-
ance policies;
(/) "Minister" means the member of the Executive
Council to whom the administration of this Act is
assigned by the Lieutenant Governor in Council;
(k) "open enrolment period" means a period that is from
time to time designated as such by Medical Carriers
Incorporated;
R.S.O.
C. 234
I960,
(/) "physician" means a medical practitioner registered
as such under The Medical Act or under the com-
parable legislation of any jurisdiction outside Ontario
in which medical or surgical care or services are ren-
dered to a resident;
(m) "regulations" means the regulations made under this
Act;
(«) "resident" means an individual who is legally en-
titled to remain in Canada, who makes his home and
ordinarily resides in Ontario and who has resided in
163
Ontario for a continuous period of at least ninety
days immediately preceding the date on which the
determination is made;
(o) "standard in-hospital medical services insurance
contract" means a contract that provides the benefits
set forth in Schedule B;
(/>) "standard medical services insurance contract"
means a contract that provides the benefits set forth
in Schedule A;
(q) "subscription" means the premium, fee or other sum
of money payable for a standard medical services
insurance contract or a standard in-hospital medical
services insurance contract, and includes all sums of
money payable from time to time to maintain such
a contract in force;
(r) "Superintendent" means the Superintendent of In-
surance for Ontario.
2. Medical services insurance is available in accordance '^^®'*.i<^ai
. services
with this Act and the regulations to every resident and his insurance
R.Vflll3.blP
dependants who are residents, without regard to age, physical
or mental infirmity, financial means or occupation.
3. The Minister may, in accordance with the regulations, ^^^■^^X^^cUii
tiou
(a) purchase standard medical services insurance con-
tracts for such classes of persons as are set forth in
Schedule C and who are in needy circumstances; and
(b) contribute to the purchase of standard medical
services insurance contracts for such other classes of
persons as are vSet forth in the regulations and who are
in needy circumstances.
4. A Icx-al municipality may, on behalf of residents residing p^J.^'-'J^p'^^'
therein, *'»"
(a) who receive municipal unemployment or other
assistance; or
(b) who are referred to under section 54 of The Public^- q^- ^^^^^'
Health Act,
purchase or contribute to the purchase of standard medical
services insurance contracts or standard in-hospital medical
services insurance contracts for such residents.
163
services
insurance
5. No carrier shall sell or i)rovide or offer to sell or provide
Condition
precedent ^ ,. , . . ,
to writing any other torin oi medical services insurance unless,
medical
(a) it offers for sale and issues.
(i) guaranteed renewable standard medical ser-
vices insurance contracts, and
(ii) guaranteed renewable standard in-hospital
medical services insurance contracts,
to residents who are not dependants, other than a
spouse, and who apply and pay the subscription
therefor; and
Greater
benefits
(o) it is a member in good standing of Medical Carriers
I ncorporated .
6. Nothing in this Act prevents a carrier from providing
benefits under contracts of medical services insurance greater
than those set forth in Schedules A and B.
Licence 7. — (1) Every carrier shall obtain from the Minister and
hold a licence under this Act.
Offence
(2) Every carrier that carries on business as such without
a licence under this Act is guilty of an offence and on summary
conviction is liable to a fine of not more than $1,000.
A.srte6snaent §, — .(1) Jhe members of Medical Carriers Incorporated
tor operation ,,,, n-i -iri
of Medical shall be assessed annually tor the moneys required tor the
Incorporated operation of the corporation.
Determina- (2) The proportion of the total assessment to be levied in
Msessments any year to be borne by each member shall be determined in
an equitable manner b\- the board of directors of the cor-
poration and confirmed by at least two-thirds of the votes
cast b\' the members present in person or represented by proxy
and entitled to vote at any ammal or general meeting of the
members of the corporation.
^o'tes^'^ of (3) The number of votes to be cast by or on behalf of any
member shall be based upon the proportion of the number of
persons covered by the member under contracts of medical
services insurance in relation to the persons so covered by all
members, and the by-laws of the corporation may provide
the necessary regulations with respect thereto.
Arbitration (4) jf ^j^e members fail to confirm the assessments or if
two or more members give notice to the board of directors
that the\- question the equit\- of an assessment, the matter
163
shall be referred for decision to a board of three arbitrators,
one to be named b>- the members licensed to undertake the
business of accident and sickness insurance under TAe^-^g^- ^^^^'
Insurance Act, one to be named by all other members, and one
to be named by a judge of the Supreme Court upon the
application of the other two arbitrators.
(5) The arbitrators shall have all the powers of arbitrators Powers of
. . arbitrators
under The Arbitrations Act and may at any time and from r.s.o. i960,
time to time proceed in such manner as they think fit on ^- ^^
such notice as the\' deem reasonable.
(6) The award of the arbitrators or of a majority of them Award
shall be made within thirty days of the referral of the matter
to them, and it is final and binding on all members.
9. The initial subscription for a standard medical services g^j{j*g^^jp^.jQ^
insurance contract or a standard in-hospital medical services
insurance contract shall not exceed the appropriate maximum
subscription in effect at the date of the api)lication for the
contract.
10. No carrier shall maintain in force, make or renew, or Prohibition
make any payment under, any medical services insurance
contract unless the carrier complies with sections 5 and 7.
11. A resident who is not a dependant, or the dependent ^^^.^J^g^Qp*^"
spouse of such resident, is entitled to have a familv or an enrolment
.,..,, , , ,. , . . " period
mdividual standard medical services insurance contract or
standard in-hospital medical services insurance contract issued
to him if his aj)plication therefor is made during an ojien
enrolment period and the subscription therefor is paid in
advance.
12. Where a person qualifies to apply for a standard other^than'^
medical services insurance contract or a standard in-hospital ^,^^^y^°jP^®'^
medical services insurance contract only after the expiration period
of an open enrolment period, he is entitled to have the contract
for which he applies issued to him if his application therefor
is made and the subscription therefor paid within thirty-one
days following the day u[)on which he .so qualifies.
13. Where a resident who is not a dependant, or the where
II .1 -1 1 1 coverage
dependent spouse ot such a resident, ceases to i)e covered ceases
after the expiration of an open enrolment period under a group contract
medical services insurance contract issued by a carrier, such
resident or such spouse is entitled to have a standard medical
services insurance contract or a standard in-hos[)ital medical
services insurance contract issued to him by such carrier if
163
his application therefor is made and the subscription therefor
paid within thirty-one days following the day upon which he
ceased to be covered under such group contract.
perio(f**^"^ 14. The coverage provided by a standard medical services
insurance contract or a standard in-hospital medical services
insurance contract issued under section 11, 12 or 13 is not
subject to,
(a) a waiting period or any limitation of benefits with
respect to pregnancy or resulting child-birth or mis-
carriage or other conditions that result directly or
indirectly therefrom ; or
(b) a waiting period or any limitation of benefits with
respect to a pre-existing physical or mental infirmity
or condition.
app?k;ations, l^* Subject to section 18, where the application of a
limitations resident who is not a dependant, or the dependent spouse
of such a resident, for a standard medical services insurance
contract or a standard in-hospital medical services insurance
contract is not made and the subscription paid therefor within
the period prescribed by section 11, 12 or 13, as the case may
be, such resident or spouse may nevertheless apply for a
standard medical services insurance contract or a standard
in-hospital medical services insurance contract at any time,
and, upon payment of the subscription and the late enrolment
fee prescribed by Medical Carriers Incorporated, a contract
shall be issued to such resident or spouse subject to the
following limitation of benefits:
1. No benefit shall accrue for medical or surgical care
or services rendered to a covered person during the
three months immediately following the date of the
contract.
2. No benefit shall accrue for medical or surgical care
or services rendered to a covered person during the
ten months innnediately following the date of the
contract if such costs arise from pregnancy or result-
ing child-birth or miscarriage or conditions that
result directly or indirectly therefrom.
Fixed terms j^^ Where a standard medical services insurance contract
or a standard in-hospital medical services insurance contract
is issued and the subscription paid therefor during the initial
open enrolment period, it shall, for a period of two years from
the day on which this Act came into force,
163
(a) not be terminated by the carrier except for mis-
representation or non-payment of the subscription;
and
(b) require a subscription not to exceed the maximum
monthly subscription rates as follows:
Standard In-
Standard Medical Hospital Medical
Services Insurance Services Insurance
Contract Contract
1. Resident X Y
2. Single family
maximum.. . . 2}4 X 21-4 Y
17. All benefits under a standard medical services insurance J^j^^^j^je
contract or a standard in-hospital medical services insurance so^^l^"^!
contract during the two-year period specified in section 16
shall be computed on the basis of the Ontario Medical
Association's schedule of fees in effect on the day this Act
came into force, and thereafter shall be computed on the
basis of the Ontario Medical Association's schedule of fees
in effect from time to time.
18.— (1) x^fter the expiration of the two-year period oYsub-"'^"*
specified in section 16, ^ate**'^'^
(a) any carrier may from time to time, but not more
often than once in any year, adjust the rate of
subscription in accordance with its normal business
practice, but any such adjustment shall be on a
class-risk basis and not on an individual or family
basis and shall in no event exceed the maximum
subscription for the time being in force; and
(b) Medical Carriers Incorporated may at any time, but
not fewer than sixty days and not more than ninety
days before the end of a year, with the consent of the
Superintendent, adjust the maximum subscription
rate.
(2) If the Superintendent does not within thirty days of ^'^'^'*'"^*'°"
the date of application by Medical Carriers Incorporated
consent to the adjustment of the maxinmm subscription rate,
the matter shall be referred for decision to a board of three
arbitrators, one to be named by the members licensed to
undertake the business of accident and sickness insurance
under The Insurance Act, one to be named by all other mem-^ fg^" ^^^^'
bers, and one to be named by a judge of the Supreme Court
upon the a|)plication of the other two arbitrators.
163
arbitl-ators ^^^ ^'^^ arbitrators shall have all the powers of arbitrators
R.s.o. I960, under The Arbitrations Act and may at any time and from
^' ^^ time to time proceed in such manner as they think fit on
such notice as they deem reasonable.
Award (4) The award of the arbitrators or of a majority of them
shall be made within thirty days of the referral of the matter
to them, and it is final and binding on all members.
Cancellation
of contracts
19.— (1) Subject to section 16, an\' carrier may, upon
giving sixty days notice in writing to the Minister and to the
insured in the manner prescribed in the contract, cancel all
but not part of its medical services insurance contracts.
terminltes ^"^^ Upon the expiry of such period of sixty days, the
licence issued to the carrier under this Act automatically
terminates.
Provision
for other
insurance
(3) Any carrier that cancels its medical services insurance
contracts under subsection 1 shall, in the notice of cancellation
given under that subsection, state that the covered persons
may, within a period of sixty days from the date of the notice,
make application to any other carrier for a standard medical
services insurance contract or a standard in-hospital medical
services insurance contract, and such other carrier, upon
receipt of an application and the subscription therefor, shall
issue a standard medical services insurance contract or a
standard in-hospital medical services insurance contract, but
the contract shall not be subject to.
(a) a waiting j^eriod or any limitation of benefits with
respect to pregnancy or resulting child-birth or mis-
carriage or any other condition that results directly
or indirectly therefrom; or
{h) a waiting period or any limitation of benefits with
respect to a pre-existing physical or mental infirmity
or condition.
Carrier's
liability
continues
to date of
cancellation
(4) Notwithstanding anything in this Act, any carrier that
cancels its medical services insurance contracts under sub-
section 1 shall, subject to receipt of proper notice and proof
of claim within the times prescribed in the contract, remain
liable to the date of cancellation for all benefits to which a
covered person is entitled under the contract to the date of
cancellation, and the carrier shall refund on a pro rata basis
any unearned subscription.
Double
coverage
20. — (1) Where a person who is covered by a standard
medical services insurance contract or a standard in-hospital
medical services insurance contract makes a claim under that
163
contract and has. In force at the time a claim arises under that
contract, any other medical services insurance coverage, no
benefit is payable under that contract,
(a) if the other coverage is on a group basis; or
(b) if the other coverage is on an individual or family
basis and its eflfective date is prior to the effective
date of that contract.
(2) Where a j^erson is covered b}" a standard medicaP'^®'^
services insurance contract or a standard in-hospital medical
services insurance contract and is otherwise entitled to receive
or to be comijensated for medical or surgical care or services
under any Act of this Legislature or under any enactment of
an\ other jurisdiction, he is not entitled to benefit under such
contract to the extent that he is so otherwise entitled.
21. The Lieutenant Governor in Council may make ^^^g^ ^*'
regulations,
(a) designating classes of persons for the purpose of
clause b of section 3;
(b) excluding classes of persons from this Act or any
provision thereof;
(c) respecting any matter necessary or advisable to
carry out effectively the intent and purpose of this
Act.
22. Notwithstanding The Corporations Tax Act, no tax No corpora-
shall be charged or levied upon any carrier in respect of sub- subscriptions
scriptions paid on standard medical services insurance con-^fg-*- ^^®°'
tracts or standard in-hospital medical services insurance
contracts.
23. In the event of conflict between any provision of this ^-^^'^^^^^
Act and any provision of any other Act, the provision of this
Act prevails.
24. This Act comes into force on a day to be named b\' the meSt"^^"*^*"
Lieutenant Governor by his proclamation.
25. This Act may be cited as The Medical Services Insurance ^^*^''* *'*^®
Act, 1962-63.
163
10
SCHEDULE A
BENEFITS PROVIDED BY A STANDARD MEDICAL
SERVICES INSURANCE CONTRACT
Necessary professional services of a physician, wherever rendered,
unless excepted under this Act or under this Schedule.
Exceptions:
1. Annual or periodic health examinations.
2. Ser^•ices that a co\ered person is entitled to receive without
charge.
3. Laboratory and other diagnostic procedures rendered as hospital
services to the extent that these are pro\ided for under the plan
of hospital care insurance under The Hospital Services Commission
Act; dental services; ambulance services; nursing services;
dressings and cast materials; use of operating, plaster, or fracture
rooms; services of government or commercial laboratories; drugs,
vaccines, biological sera or extracts or their synthetic substitutes;
eye glasses; special appliances; oxygen; physical therapy and
other similar treatments.
4. Medical, surgical or obstetrical services when the covered person
is a patient in a sanatorium, institution or special hospital for
tuberculosis, mental illness or disease, alcoholism, epilepsy, or
drug addiction, where such services are paid for by the sanatorium,
institution or special hospital.
5. Services with respect to conditions that do not interfere with the
covered person's bodily functions, or with respect to treatment
for cosmetic purposes.
6. Newborn-infant care rendered by the physician delivering the
infant.
7. Mileage.
8. Advice by telephone.
9. Any services or examinations for the purpose of,
(a) an application for insurance or under a requirement for
keeping insurance in force;
{b) an application for admission to or continuance at or in a
school, college, university, camp or an association;
(c) employment, or the continuance of employment, or
pursuant to the request of an employer or other person in
authority;
{d) a passport, ^ isa or other similar document.
10. Group inoculation or inoculations pursuant to a statute or by-law
or regulation thereunder.
11. Refractions for safety glasses.
12. Services rendered by a physician pursuant to an arrangement for
rendering services to the employees of an employer or to members
of an association.
163
11
SCHEDULE B
BENEFITS PROVIDED BY A STANDARD IN-HOSPITAL
MEDICAL SERVICES INSURANCE CONTRACT
Necessary professional services of a physician rendered to an admitted
bed patient in a hospital approved for the purposes of the plan of hospital
care insurance under The Hospital Services Commission Act, unless excepted
under this Act or under Schedule A.
SCHEDULE C
The classes of persons for whom, if they are in needy circumstances,
the Minister may purchase standard medical services insurance contracts
under clause a of section 3 of this Act are those who are in receipt of
benefits under any of the following Acts:
1. The Blind Persons' Allowances Act.
2. The Disabled Persons' Allowances Act.
i. The General Welfare Assistance Act.
4. The Mothers' Allowances Act.
5. The Old Age Assistance Act.
6. The Old Age Security Act (Canada).
7. The Rehabilitation Services Act.
163
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BILL 164
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act to amend The Farm Products Marketing Act
Mr. Stewart
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 164 1962-63
An Act to amend
The Farm Products Marketing Act
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Clause b of section 1 of The Farm Products Marketing'R-^^- ^^^^'
Act is amended by adding at the end thereof "and, for thefi. 6,
purposes of this Act, fish shall be deemed to be a farm product",
so that the clause shall read as follows:
(b) "farm product" means animals, meats, eggs, poultry,
wool, dairy products, grains, seeds, fruit, fruit
products, vegetables, vegetable products, maple
products, honey, tobacco, wood, or any class or part
of any such product, and such articles of food or
drink manufactured or derived in whole or in part
from any such product, and such other natural
products of agriculture as are designated by the
regulations, and, for the purposes of this Act, fish
shall be deemed to be a farm product.
2. This Act comes into force on the day it receives Royal Commenoe-
. ■' ■' ment
Assent.
3. This Act may be cited as The Farm Products Marketing Short title
Amendment Act, 1962-63 (No. 2).
164
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BILL 165
4th Session, 26th Legislature, Ontario
11-12 Elizabeth II, 1962-63
An Act for granting to Her Majesty certain sums of money
for the Public Service for the fiscal years ending the
31st day of March, 1963, and the 31st day of March, 1964
Mr. Allan (Haldimand- Norfolk)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL 165 1962-63
An Act for granting to Her Majesty certain
sums of money for the Public Service for the
fiscal years ending the 31st day of March, 1963,
and the 31st day of March, 1964
Most Gracious Sovereign:
WHEREAS it appears by messages from the Honourable P''®^'"^!®
John Keiller Mackay, Lieutenant Governor of the
Province of Ontario, and the estimates accompanying the
same, that the sums mentioned in the schedules to this Act are
required to defray certain expenses of the public service of
this Province, not otherwise provided for, for the fiscal year
ending the 31st day of March, 1963, and for the fiscal year
ending the 31st day of March, 1964, and for other purposes
connected with the public service; may it therefore please
Your Majesty that it be enacted and it is hereby enacted by
the Queen's Most Excellent Majesty, by and with the advice
and consent of the Legislative Assembly of the Province of
Ontario, as follows:
1. In addition to the sum of $1,077,440,000 granted by $35^83j^ooo^
The Supply Act, 1961-62, there may be paid out of the Con- fiscal year
solidated Revenue Fund a sum not exceeding in the whole
$35,837,000 to be applied towards defraying the several charges c 135
and expenses of the public service, not otherwise provided for,
from the 1st day of April, 1962, to the 3 1st day of March , 1963,
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 supplementary estimates upon which such schedule is
based.
2. There may be paid out of the Consolidated Revenue fl.'*^/-^^^-
000
" ---J - I- _ - - -_ -- _ . _.- -granted for
Fund a sum not exceeding in the whole $1,137,715,000 to be fiscal year
applied towards defraying the several charges and expenses
of the public service, not otherwise provided for, from the
1st day of April, 1963, to the 31st day of March, 1964, as set
forth in Schedule B to this Act, and such sum shall be paid
and applied only in accordance with the votes and items of
the estimates upon which such schedule is based.
165
Accounting g^ yj^^ ^^^ application of all moneys expended under this
expenditure ^^^^ g|^^H ]jq accounted for to Her Majesty.
ment"^'^°*' ^' ^^^^ -^ct comes into force on the day it receives Royal
Assent.
Short title Q jj^jg j^^^ j^^y l3g ^^j^^j ^g jrjj^ Supply Act, 1962-63.
165
SCHEDULE A
Department of Education $ 31,000,000
Department of Health 3,807,000
Department of Lands and Forests 30,000
Treasury Department 1,000,000
$ 35,837,000
SCHEDULE B
Department of Agriculture $ 19,451,000
Department of Attorney General 28,650,000
Department of Civil Service 922,000
Department of Economics and Development. . 11,853,000
Department of Education 375,478,000
Department of Energy Resources 731,000
Department of Health 137,449,000
Department of Highways 274,976,000
Department of Insurance 473,000
Department of Labour 14,116,000
Department of Lands and Forests 38,359,000
Office of the Lieutenant Governor 27,000
Department of Mines 3,262,000
Department of Municipal Affairs 67,655,000
Department of the Prime Minister 178,000
Office of the Provincial Auditor 498,000
Department of the Provincial Secretary and
Citizenship 3,947,000
Department of Public Welfare 77,483,000
Department of Public Works 46,629,000
Department of Reform Institutions 19,696,000
Department of Transport 6,715,000
Department of Travel and Publicity 2,388,000
Treasury Department 6,779,000
$1,137,715,000
165
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