LEGISLATIVE ASSEMBLY
OF ONTARIO
THIRD SESSION OF THE TWENTY-NINTH
PARLIAMENT
BILLS
AS INTRODUCED IN THE HOUSE
TOGETHER WITH
REPRINTS AND THIRD READINGS
136594
SESSION
MARCH 20th, 1973 to MARCH 5th, 1974
INDEX
PUBLIC BILLS (GOVERNMENT)
A Bill No.
Administration of Justice Act — Act to amend 6
Agricultural Development Act — Act to repeal 80
Agricultural Representatives Act — Act to amend 195
Arbitrations Act — Act to amend 13
Artificial Insemination of Cattle Act — Act to amend 218
Assessment Act — Act to amend 107
— Act to amend 249
Assessment Review Court Act, 1972 — Act to amend 204
B
Banting and Best Medical Research Act, 1923 — Act to repeal 68
C
Certification of Titles Act — Act to amend 16
Charitable Institutions Act — Act to amend 62
Child Welfare Act — Act to amend 158
City of Timmins- Porcupine Act, 1972 — Act to amend 223
Collection Agencies Act — Act to amend 10
Commissioners for taking Affidavits Act — Act to amend 75
Compensation for Victims of Crime Act, 1971 — Act to amend 86
Condominium Act — Act to amend (Lapsed) 184
— Act to amend 230
Conservation Authorities Act — Act to amend 1 49
Construction Safety Act, 1973 127
Consumer Protection Bureau Act — Act to amend 9
Conveyancing and Law of Property Act — Act to amend 214
Co-operative Corporations Act, 1973 185
Corporations Act — Act to amend 198
Corporations Tax Act, 1972 — Act to amend 94
— Act to amend 228
County Judges Act — Act to amend 220
Crown Attorneys Act — Act to amend 4
— Act to amend 217
Crown Witnesses Act — Act to amend 5
D
Day Nurseries Act — Act to amend 160
Dependants' Relief Act — Act to amend 213
Deserted Wives' and Children's Maintenance Act — Act to amend 215
Development Corporations Act, 1973 — Act to amend 210
Development Corporations in Ontario — Act respecting 169
Devolution of Estates Act — Act to amend 82
District Municipahty of Muskoka Act — Act to amend 246
District Welfare Administration Boards Act — Act to amend 241
[3]
4
E Bill No.
Education Act, 1973 (Lapsed) 255
Elderly Persons Centres Act — Act to amend 242
Elevator Constructor Unions Disputes Act, 1973 2
Employment Standards Act — Act to amend 268
Environmental Protection Act, 1971 — Act to amend 171
Executive Council Act — Act to amend 261
Extra-judicial Services Act — Act to amend 167
F
Fatal Accidents Act— Act to amend 74
Financial Administration Act — Act to amend 238
Forest Fires Prevention Act — Act to amend 66
G
Game and Fish Act — Act to amend 164
— Act to amend 270
Gasoline Handling Act — Act to amend 205
Gasoline Tax Act, 1973 177
Gift Tax Act, 1972— Act to amend 258
Grain Elevator Storage Act — Act to amend 156
H
Highway Traffic Act — Act to amend 124
— Act to amend 260
Homemakers and Nurses Services Act — Act to amend 240
Homes for the Aged and Rest Homes Act — Act to amend 108
Homes for Retarded Persons — Act to amend 159
Hunter Damage Compensation Act — Act to amend 193
I
Income Tax Act — Act to amend 96
— Act to amend 191
Insurance Act — Act to amend 208
J
Juries Act, 1973 (Lapsed) 251
Jurors Act — Act to amend 166
Justices of the Peace Act — Act to amend 250
L
Land Titles Act — Act to amend 84
Law Society Act — Act to amend 104
Legal Aid Act — Act to amend 105
Legislative Assembly Act — Act to amend 262
Legislative Assembly Retirement Allowances Act, 1973 263
Bill No.
Limited Partnerships Act — Act to amend 7
Liquor Control Act — Act to amend 147
Liquor Licence Act — Act to amend 146
Live Stock Medicines to Owners of Live Stock — Act respecting Sale of . . . 165
Loan and Trust Corporations Act — Act to amend 233
M
Medical Act — Act to amend 234
Mining Act — Act to amend 203
Ministry of Colleges and Universities Act, 1971 — Act to amend 176
Ministry of Community and Social Services Act — Act to amend 115
Ministry of Consumer and Commercial Relations Act — Act to amend 187
Ministry of Education Act — Act to amend 113
— Act to amend (Lapsed) 274
Ministry of Energy— Act to establish 134
Ministry of Government Services Act, 1973 3
Ministry of Housing — Act to establish 183
Ministry of Natural Resources Act, 1972 — Act to amend 202
Ministry of Treasury, Economics and Intergovernmental Affairs Act, 1972 —
Act to amend 81
Act to amend 265
Mortgage Brokers Act — Act to amend 188
Motor Vehicle Accident Claims Act — Act to amend 17
Municipal Act — Act to amend 168
— Act to amend 272
Municipal Unconditional Grants Act — Act to amend 141
— Act to amend 266
Municipality of Metropolitan Toronto Act — Act to amend 132
— Act to amend 267
Municipalities to grant eissistance to Elderly Residents — Act to permit . . . 225
N
Niagara Escarpment and its Vicinity — Act to provide for Planning and
Development of 129
Northern Development Act — Act to repeal 79
Nurses Act — Act to amend 69
Nursing Homes Act, 1972 — Act to amend 70
O
Ontario Education Capital Aid Corporation Act — Act to amend 142
Ontario Energy Board Act — Act to amend 133
Ontario Municipal Employees Retirement System Act — Act to amend .... 243
Ontario Pensioners — Act to provide Assistance to 196
Ontario Place Corporation Act, 1972 — Act to amend 99
Ontario Transportation Development Corporation — Act to establish 144
Ontario Universities Capital Aid Corporation Act — Act to amend 143
Ontario Water Resources Act — Act to amend 170
Osgoode Hall Law School Scholarships Act, 1968-69 — Act to amend 236
Ottawa-Carleton Amalgamations and Elections Act, 1973 189
6
P Bill No.
Parkway Belt — Act to provide for Planning and Development of the 130
Partnerships Registration Act — Act to amend 8
Pension Benefits Act — Act to amend 200
Personal Property Security Act — Act to amend 186
Pesticides — Act to control the Use of 91
Pharmacy Act — Act to amend 221
Planning Act — Act to amend 264
Planning and Development in Ontario — Act to provide for 128
Power Commission Act — Act to amend 135
Power Commission Insurance Act — Act to amend 137
Power Control Act — Act to repeal 136
Powers of Attorney Act, 1973 (Lapsed) 1
Private Hospitals Act — Act to amend 207
Private Sanitaria Act — Act to repeal (Lapsed) 209
Proceedings Against the Crown Act — Act to amend 14
Property Tax Stabilization Grants — Act to establish 154
Protection of Cattle Act — Act to amend 192
Provincial Land Tax Act — Act to amend 219
Public Commercial Vehicles Act — Act to amend 259
Public Health Act — Act to amend 235
Public Hospitals Act — Act to amend 256
Pubhc Institutions by Public Visitation — Act to provide for the Inspection
of (Lapsed) 252
Public Libraries Act — Act to amend 237
Public Schools Act — Act to amend 114
Public Service Act — Act to amend 172
Public Transportation and Highway Improvement Act — Act to amend ... 93
— Act to amend ... 145
R
Racing Commission Act — Act to amend 206
Raising of Money on the Credit of the Consolidated Revenue Fund — Act to
authorize the Ill
Regional Development Councils Act — Act to repeal 153
Regional Municipal Grants Act — Act to amend '. 140
— Act to amend 244
Regional Municipality of Durham — Act to establish 162
Regional Municipality of Durham Act, 1973 — Act to amend 248
— Act to amend 273
Regional Municipality of Haldimand-Norfolk — Act to establish 190
Regional Municipality of Haldimand-Norfolk Act, 1973 — Act to amend... 226
Regional Municipality of Halton — Act to establish 151
Regional Municipality of Halton Act, 1973 — Act to amend 247
Regional Municipality of Hamilton-Went worth — Act to establish 155
Regional Municipahty of Hamilton- Wentworth Act, 1973 — Act to amend. 253
Regional Municipality of Niagara Act — Act to amend 131
— Act to amend 239
Regional Municipality of Ottawa-Carleton Act — Act to amend 152
— Act to amend 231
Regional Municipahty of Peel — Act to establish 138
Bill No.
Regional Municipality of Peel Act, 1973 — Act to amend 245
Regional Municipality of Sudbury Act, 1972 — Act to amend 232
Regional Municipality of Waterloo Act, 1972 — Act to amend 222
Regional Municipality of York Act — Act to amend 227
Registry Act — Act to amend 229
Residential Property Tax Reduction Act, 1972— Act to repeal 139
Retail Sales Tax Act — Act to amend 98
Schools Administration Act — Act to amend 181
— Act to amend 212
— Act to amend (Lapsed) 275
Secondary Schools and Boards of Education Act — Act to amend 180
Securities Act — Act to amend 15
Security Transfer Tax Act — Act to repeal 95
Separate Schools Act — Act to amend 211
Shorelines — Act to provide Assistance for the Rehabilitation and Protection
of Property on or adjacent to 100
Storage and Supply of personal Information for rating Purposes — Act to
control the 101
Succession Duty Act — Act to amend 174
Supply Act, 1973 278
Surrogate Courts Act — Act to amend 83
Teachers' Superannuation Act — Act to amend 112
Town of Wasaga Beach — Act to incorporate 163
Trustee Act — Act to amend 73
Vital Statistics Act — Act to amend 201
W
Weed Control Act — Act to amend 157
Wilfrid Laurier University — Act respecting 178
Workmen's Compensation Act — Act to amend 126
— Act to amend 269
8
PUBLIC BILLS (PRIVATE MEMBERS')
A Bill No.
Animals for Research Act — Act to amend 276
Apprenticeship and Tradesmen's Qualification Act — Act to amend
(Talked Out) 18
— Act to amend 78
Arbour Day — Act to proclaim (Talked Out) 87
B
Beds of Navigable Waters Act — Act to amend 77
Bureau of Repair Services — Act to establish 116
Business Controlled by Organized Crime — Act respecting 22
Business Corporations Act — Act to amend 103
C
Cemeteries Act — Act to amend 48
Champlain Parks Development Commission — Act to incorporate 179
Child Welfare Act — Act to amend 26
— Act to amend 45
Commercial Establishments — Act to provide for the Controlling of Hours in
(Talked Out) 175
Commissioner of the Legislature Act, 1973 60
Conservation Authorities Act — Act to amend 125
Consumer Protection Act— Act to amend (Talked Out) 19
— Act to amend 27
— Act to amend 46
— Act to amend 102
— Act to amend 119
D
Dental Prosthesis — Act to provide for the Practice of 71
Dentistry Act — Act to amend 24
Detroit River Parkway Commission — Act to incorporate 199
E
Eavesdropping — Act to provide for the Control of 56
Elected Representatives — Act respecting Ethics of 21
Election Act — Act to amend 54
Elevator Construction Industry Labour Arbitration Act, 1973 11
Employment Standards Act — Act to amend 123
— Act to amend 197
— Act to amend 257
F
Flood Control Commission — Act to establish (Talked Out) 76
9
G
Game and Fish Act — Act to amend 44
Gasoline Retailers Bill of Rights — Act to establish 121
Government Programs — Act to establish a Commission to evaluate 43
H
Hearing Aid Sales Act, 1973 58
Highway Traffic Act — Act to amend (Talked Out) 12
— Act to amend 23
— Act to amend 40
— Act to amend 42
— Act to amend 52
— Act to amend 53
— Act to amend 55
— Act to amend 57
— Act to amend 63
— Act to amend 88
— Act to amend 97
—Act to amend (Talked Out) 109
— Act to amend 216
I
Insurance Act — Act to amend ♦. . . 31
— Act to amend 34
— Act to amend 51
J
Judicature Act — Act to amend 90
L
Labour Relations Act — Act to amend 59
— Act to amend 72
Landlord and Tenant Act — Act to amend 271
M
Mental Health Act — Act to amend 38
Ministry of Colleges and Universities Act, 1971 — Act to amend 254
Ministry of Community and Social Services Act — Act to amend 106
Ministry of Correctional Services Act — Act to amend 39
Moosonee Development Area Board Act — Act to amend 122
Motor Vehicle Fuel — Act to provide for Fair Practices in the Sale of
(Talked Out) 67
N
Noise Research Bureau — Act to establish (Talked Out) 85
10
O Bill No.
Occupational Safety Act, 1973 25
Ontario Bill of Rights— Act to establish 224
Ontario Bureau of Statistics — Act to establish (Talked Out) 61
Ontario Society for the Prevention of Cruelty to Animals Act, 1955 — Act to
amend 46
Ontario Waste Disposal and Reclamation Commission — Act to establish . . 89
Ophthalmic Dispensers Act — Act to amend 37
— Act to amend 148
P
Planning Act — Act to amend 41
— Act to amend 150
Professional Fund-raising Corporations — Act to control 182
Promotional Games — Act to control 28
Provincial Courts Act — Act to amend 36
Provincial Trails — Act respecting 110
Public Health Act — Act to amend 35
Public Hospitals Act — Act to amend 20
R
Real Estate and Business Brokers Act — Act to amend 49
Rent Control and Security of Tenure — Act to provide for 173
Retail Establishments — Act to provide for the Controlling of Hours in
(Talked Out) 118
S
Safety Committees — Act to provide for the Establishment of 65
Safety Glazing Act, 1973 161
Securities Act — Act to amend 29
— Act to amend 32
Simcoe Day — Act respecting 92
Snowmobiles — Act to provide for the Control and Regulation of 50
Sonic Booms Investigation and Control Act, 1973 30
Students — Act respecting the Rights of 277
U
Uniform Time in the Province of Ontario — Act to provide for 117
V
Voluntary Emergency First Aid and Medical Services Act, 1973 33
Voluntary Emergency Medical and First Aid Services— •-Act to reheve Persons
from Liability in respect of 64
W
Workmen's Compensation Act — Act to amend 120
11
PRIVATE BILLS
A Bill No.
Aradco Management Limited and Oak Stamping Limited — Act respecting . . Prl
B
Barrie, City of — Act respecting Pr28
Brampton, Town of — Act respecting Pr40
Bridge Street United Church Foundation — Act respecting Prl 5
Bruce, County of — Act respecting Prl9
Compania Shell de Venezuela Limited — Act respecting Pr25
Constitution Insurance Company of Canada^Act respecting Pr8
East York Foundation — Act respecting Pr3
Espanola, Town of — Act respecting Prl4
Etobicoke, The Board of Education for the Borough of — Act respecting. . Prl 2
Glencoe, Village of — Act respecting PrlO
Gloucester, Township of — Act respecting Pr22
H
Hamilton, City of — Act respecting Pr2
— Act respecting Pr4
Hastings, County of — Act respecting Prl3
Hobin Homes, Limited — Act respecting Pr20
London, The Board of Education for the City of — Act respecting Pr23
London, City of — Act respecting Pr2 1
— Act respecting Pr30
N
New Augarita Porcupine Mines Limited — Act respecting Pr32
O
Oakville, Town of — Act respecting Pr24
Ontario Association of Natural Resources Technicians — Act to incorporate
(Not Reported) Pr36
Orangeville, Town of— Act respecting Pr9
Ottawa, City of — Act respecting Pr38
12
P Bill No.
Peterborough, City of — Act respecting Prl7
R
Reliable Life Insurance Company — Act respecting Pr7
S
S. B. Young Limited — Act respecting Pr33
Sarnia, Township of — Act respecting Pr31
Sault Ste. Marie, City of — Act respecting Pr39
Scarborough, Borough of — Act respecting Prl 1
Service Hardware Limited — Act respecting Pr27
Simcoe & Erie General Insurance Company — Act respecting Pr6
St. Thomas, City of — Act respecting Pr5
T
Tillson Spur Line Railway Company — Act respecting Prl 6
Tillsonburg, Town of — Act respecting Prl8
Timrand Investments Limited — Act respecting Pr34
Toronto, City of — Act respecting Pr35
V
Vaughan, Town of — Act respecting (Not Reported) . . Pr29
W
Windsor, City of — Act respecting Pr26
York, Borough of — Act respecting Pr37
BILL 93 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
P An Act to amend The Public Transportation and
Highway Improvement Act
The Hon. G. Carton
Minister of Transportation and Communications
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
Section 1. The provisions of the repealed subsection are contained in
subsection 1 of section 87c that is enacted by section 2 of this Bill.
Section 2. The amendment authorizes the Minister to enter into
agreements with respect to experimental or demonstration projects, the
design of transit systems and rights related to transit systems.
93
ULL 93 1973
An Act to amend The Public Transportation and
Highway Improvement Act
"TER MAJESTY, by and with the advice and consent of the
n Legislative Assembly of the Province of Ontario, enacts as
•Hows :
1. Subsection 5 of section S7b of The Public Transportation ^^^^^87 6^^,
Highway Improvement Act, being chapter 201 of the Revised
• Statutes of Ontario, 1970, as enacted by the Statutes of
Ontario, 1971, chapter 61, section 14, is repealed.
2. The said Act is amended by adding thereto the following s. 87 c,
section :
87c. — (1) The Minister and a municipality may enter into Minister
^ ' ^ -^ •' . . may enter
an agreement to provide, or to sell, lease or otherwise dispose into agree-
of, all or any part of an experimental or demonstration municipality
project related to public transportation.
(2) The Minister may enter into an agreement with sl^^^^j^^j.
firm or corporation, into agree-
^ ment with
firm or
{a) to provide all or any part of an experimental or^^'^^^
demonstration project related to public transporta-
tion;
{b) to design, develop, construct, test and operate all
or any part of a transit system related to public
transportation ;
(c) to acquire, hold, exercise, develop, license, sell,
lease or otherwise dispose of rights related to all or
any part of a transit system related to public trans-
portation.
3. This Act comes into force on the day it receives Royal Assent, ^o^^mence-
4. This Act may be cited as The Public Transportation and High- short title
way Improvement Amendment Act, 1973.
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BILL 93 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Public Transportation and
Highway Improvement Act
The Hon. G. Carton
Minister of Transportation and Communications
{Reprinted as amended by the Committee of the Whole House)
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
Section 1. The provisions of the repealed subsection are contained in
subsection 1 of section 87c that is enacted by section 2 of this Bill.
Section 2. The amendment authorizes the Minister to enter into
agreements with respect to experimental or demonstration projects, the
design of transit systems and rights related to transit systems.
93
BILL 93 1973
An Act to amend The Public Transportation and
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 5 of section 876 of The Public Transportation (^'f^dl'^l^^^l'
Highway Improvement Act, being chapter 201 of the Revised
Statutes of Ontario, 1970, as enacted by the Statutes of
Ontario, 1971, chapter 61, section 14, is repealed.
2. The said Act is amended by adding thereto the f oUowing s- 8^ c
section :
87c. — (1) The Minister and a municipality may enter into Minister
^ ' . , 11 1 1 • T may enter
an agreement to provide, or to sell, lease or otherwise dispose into agree-
of, all or any part of an experimental or demonstration municipality
project related to public transportation.
(2) The Minister may enter into an agreement with aM^niste^r^^
firm or corporation, and any such agreement shall giveintoagree-
primc consideration to Canadian content and Canadian arm or
^ — = = ^ corporation
technology,
(fl) to provide all or any part of an experimental or
demonstration project related to public transporta-
tion;
(h) to design, develop, construct, test and operate all
or any part of a demonstration transit system related
to public transportation ;
(c) to acquire, hold, exercise, develop, license, sell,
lease or otherwise dispose of rights related to all or
any part of a transit system related to public trans-
portation.
3. This Act comes into force on the day it receives Royal Assent, commence-
4. This Act may be cited as The Public Transportation and High-^^°^^^^^^^
way Improvement Amendment Act, 1973.
93
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BILL 93
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Public Transportation and
Highway Improvement Act
The Hon. G. Carton
Minister of Transportation and Communications
TORONTO
Printed and Published by the Queen's Printer and Publisher
BILL 93 1973
An Act to amend The Public Transportation and
Highway Improvement Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
ollows:
1. Subsection 5 of section S7b of The Public Transportation ««^reSa/ed'
Highway Improvement Act, being chapter 201 of the Revised
Statutes of Ontario, 1970, as enacted by the Statutes of
Ontario, 1971, chapter 61, section 14, is repealed.
2. The said Act is amended by adding thereto the following s.^8j^c^^
section :
87c. — (1) The Minister and a municlpahty may enter intoMmister^^
an agreement to provide, or to sell, lease or otherwise dispose into agree-
° r • 11 ^ \- ment with
of, all or any part of an experimental or demonstration municipality
project related to public transportation.
(2) The Minister may enter into an agreement with a Mi^ni8t^e.r^^
firm or corporation, and any such agreement shall givej^toagree-
prime consideration to Canadian content and Canadian firm or
^ corporation
technology,
[a) to provide all or any part of an experimental or
demonstration project related to public transporta-
tion;
{h) to design, develop, construct, test and operate all
or any part of a demonstration transit system related
to public transportation ;
(c) to acquire, hold, exercise, develop, license, sell,
lease or otherwise dispose of rights related to all or
any part of a transit system related to public trans-
portation.
3. This Act comes into force on the day it receives Royal Assent, commence-
4. This Act may be cited as The Public Transportation and High-^^°^^^^^^
way Improvement Amendment Act, 1973.
93
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BILL 94
Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Corporations Tax Act, 1972
The Hon. J. White
Treasurer of Ontario and Minister of Economics
and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
General. The Bill prohibits the deduction from income of a part of
management fees, rents, royalties and other similar payments made by a
corporation to a non-resident with whom the paying corporation is not
dealing at arm's length.
The Bill also repeals the special taxes imposed on banks, railway
corporations, telegraph companies, etc., and provides that these corporations
will pay capital tax under the Act at the new rates proposed in this Bill.
The capital tax under the Act is raised to two-fifths of one per cent of the
taxable paid-up capital of banks, and to one-fifth of one per cent of the
taxable paid-up capital for other corporations. The taxable paid-up capital
of a bank is given a special definition in the Act.
New refund provisions are proposed for mutual fund corporations to
allow full refunds of capital gains tax to avoid the double taxation of
capital gains that they distribute to their shareholders, and provisions
are proposed to deal with non-profit organizations that are able to distribute
income or property to their members or shareholders.
Finally, amendments are proposed to clarify existing provisions of the
Act.
Section 1 corrects an erroneous reference to paragraph 77 that is now
contained in clause c of subsections 2 and 3 of section 2 of the Act.
Section 2. The definition of permanent establishment is expanded
to include a reference to public entertainment presented in Canada by a
non-resident corporation to clarify that such performance constitutes a
permanent establishment.
Section 3. The repealed provision required a deduction from the
undepreciated capital cost of mining property of the amount of certain
exempt income. This provision is not required because The Corporations
Tax Act, 1972, does not contain similar provisions to the Income Tax Act
(Canada) which will, following a transitional period, replace the three year
exemption for new mines with accelerated write-off of new mine assets.
Section 4. This amendment will disallow as a deduction from a cor-
poration's income five-twelfths of management fees, rents, royalties and other
similar payments that are made to a non-resident person with whom the
paying corporation was not dealing at arm's length and where such pay-
ments are subjected to withholding tax under the Income Tax Act
(Canada.) The disallowance will not apply where the recipient corporation
is, itself, taxed only on net rental income as its sole source of income because
of an election it has made to calculate its tax payable as though it were
taxed under Part I of the Income Tax Act (Canada).
94
BILL 94 1973
An Act to amend The Corporations
Tax Act, 1972
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows :
1. — (1) Clause c of subsection 2 of section 2 of The Corporations ^^^^^^^'^^
Tax Act, 1972, being chapter 143, is amended by striking
out "77" in the second line and inserting in lieu thereof
"76".
(2) Clause c of subsection 3 of the said section 2 is amended by |i^^n^({e^'
striking out "77" in the second line and inserting in lieu
thereof "76".
2. Subsection 8 of section 7 of the said Act is repealed and the ^^''^(sx^^^^
following substituted therefor :
i
(8) The fact that a non-resident corporation in a fiscal Pg^^^^^^j^.^^^j^^
year produced, grew, mined, created, manufactured, fabricated,
improved, packed, preserved or constructed in whole or in part
anything in Canada whether or not the corporation exported
that thing without selling it prior to exportation, or the fact
that a non-resident corporation produced or presented any
form of entertainment by means of a performance on a public
stage or in an auditorium or other public place in Canada,
shall of itself, for the purposes of this Act, be deemed to
mean that the corporation maintained a permanent establish-
ment at any place where the corporation did any of those
things in the fiscal year.
3. Subclause iv of clause /of subsection 17 of section 17 of the said^||^YvV^
Act is repealed. repealed
4. Clause / of subsection 1 of section 22 of the said Act is repealed l-^^^^cte^
and the following substituted therefor :
(/) 5/12 of the aggregate of amounts each of which is ^e.^r^^t'and*
an amount in respect of, similar
^ ' payments
94
1970-71,
c. 63 (Can.)
8.24,
amended
No deduction
in respect of
property in
certain
circumstances
(i) a management or administration fee or charge
(ii) a rent, royalty or a similar payment, and
(iii) a right in or to the use of motion picture
films or films or video tapes for use in con-
nection with television that have been or are
to be used or reproduced by the corporation
in Canada,
that were paid or credited, or deemed to be paid orj
credited, in the fiscal year to a non-resident personi
with whom the corporation was not dealing at arm's^
length to the extent that such amounts were sub-
V jected to taxation under paragraph a, d or e oi
subsection 1 of section 212 of the Income Tax Act
(Canada) or subsection 5 of that section, except that
subclause ii does not apply where an amount is paid
or credited or deemed to be paid or credited to a
non-resident person that is a corporation liable to the
taxes imposed under this Act by virtue of clause b
of subsection 2 or 3 of section 2.
5. Section 24 of the said Act is amended by adding thereto the
following subsection :
(9a) Clause p of subsection 1 does not apply to allow a
deduction in computing the income of a corporation for a |
fiscal year from a business where the corporation has, in the
fiscal year, sold, pledged, assigned or in any other manner
disposed of any security received by it as payment in whole
or in part for the sale of property in respect of which the
corporation has, in that or a previous fiscal year, been
allowed a deduction under that clause.
8.51(2),
amended
6. Subsection 2 of section 51 of the said Act is amended by striking
out "Where at any time an option described in subsection 1,
other than an option the consideration for the granting of which
is an amount described in subclause v of clause b of subsection
12 of section 63 paid pursuant to an agreement described in that
subclause, that has been granted by a corporation after 1971
expires" in the first, second, third, fourth, fifth and sixth
lines and inserting in lieu thereof "Where at any time an
option granted after 1971 by a corporation to acquire shares
of its capital stock or bonds or debentures to be issued by it,
other than an option the consideration for the granting of
which is an amount described in subclause v of clause b of sub-
section 12 of section 63 and paid pursuant to an agreement
described in that subclause, expires".
s. 98(1) (6),
amended
7. Clause b of subsection 1 of section 98 of the said Act is amended
by striking out "subsection 1" in the ninth line and inserting
in lieu thereof "clause a".
94
Section 5. Where a corporation has sold property and taken back
security, such as a mortgage, for the future payment of the sale price,
it will not be entitled to deduct from its income a reserve for those future
payments after it has sold or disposed of the security and thereby received
the value of the future payments.
Section 6. This amendment removes a reference to subsection 1 and
clarifies the option to which the provision applies.
Section 7 corrects an inaccurately-described reference.
94
Section 8. The proposed amendment will provide the following two
changes :
1. Ontario will now refund the full amount of the tax levied under
the Act on the capital gains of mutual fund corporations, when
they pay dividends to shareholders or redeem capital stock, and
2. The reference to the relationship between the Ontario refund and
the Federal refund is removed in order that the Ontario refund
will cease to be dependent on the amount of Federal refund. This
change is required to overcome the complexities that (by virtue
of the change in Federal rates) would result if Ontario's refund
were continued to be expressed as a percentage of the Federal
refund.
94
8. — (1) Clause a of subsection 1 of section 109 of the said Act^io^^i^i")-
^ ' . . amended
is amended by striking out "as defined by paragraph h
of subsection 6 of section 1 3 1 of the Income Tax A ct (Canada)
in the third, fourth and fifth lines.
(2) Subsection 2 of the said section 109 is repealed and thesi09(2),
^ ' . . '^ re-enacted
following substituted therefor :
(2) Where a corporation has in a fiscal year become capital
entitled to a refund by virtue of subsection 2 of section 131 to mutual
of the Income Tax Act (Canada), the Minister, corporation
1970-71,
c. 63 (Can.)
{a) may, upon mailing the notice of assessment for the
fiscal year, refund without application therefor an
amount (in this section referred to as its "capital
gains refund" for the fiscal year) equal to the lesser
of,
(i) 6 per cent of the aggregate of,
(A) all capital gains dividends paid by the
corporation in the fiscal year, and
(B) its capital gains redemptions for the
fiscal year, and
(ii) the corporation's refundable capital gains tax
on hand at the end of the fiscal year ; and
(h) shall make such a refund after mailing the notice
of assessment if application therefor has been made
in writing by the corporation within four years from
the end of the fiscal year.
(2a) Where a corporation had a permanent establishment ^pportion-
in a jurisdiction outside Ontario during a fiscal year in respect capital gains
of which subsection 2 applies, the capital gains refund other-
wise determined under subsection 2 shall be that proportion
thereof that the taxable income of the corporation that is
deemed to have been earned in Ontario for that fiscal year
for the purposes of section 103 bears to its total taxable income
or, where its taxable income is nil, the capital gains refund
otherwise determined under subsection 2 shall be that pro-
portion thereof that the corporation's taxable paid-up capital
that is deemed to have been used in Ontario for that fiscal
year for the purposes of section 132 bears to its total taxable
paid-up capital.
(3) The said section 109 is amended by adding thereto the 1^^'^^^;^^^^
following subsections :
94
interpre- (5) In this section,
(a) "capital gains dividend account" of a mutual fund
corporation at any time means the amount, if any,
by which,
(i) its capital gains from dispositions of property
after 1971 and before that time while it was a
mutual fund corporation,
exceeds
(ii) the aggregate of,
(A) its capital losses from dispositions of
property after 1971 and before that time
while it was a mutual fund corporation,
(B) all capital gains dividends that become
payable by the corporation before that
time and after the end of the last
fiscal year ending before that time, and
(C) all amounts each of which is an amount
in respect of any fiscal year of the cor-
poration ending before that time
throughout which it was a mutual fund
corporation, equal to 16 2 /3 times its
capital gains refund for that fiscal
year;
{b) "capital gains redemptions" of a mutual fund
corporation for a fiscal year means that proportion
of,
(i) the aggregate of,
(A) 16 2/3 times its refundable capital
gains tax on hand at the end of the
fiscal year, and
(B) the amount, if any, by which the
aggregate of the fair market value
at the end of the fiscal year of all of the
issued shares of its capital stock and all
amounts each of which is the amount
of any debt owing by the corporation,
or of any other obligation of the cor-
poration to pay an amount, that was
outstanding at that time exceeds the
94
aggregate of the cost amounts to it at
that time of all of its properties and
the amount of any money of the cor-
poration on hand at that time,
that
I
(ii) the aggregate of amounts paid by it in the
fiscal year on the redemption of shares of its
capital stock
is of
(iii) the aggregate of the fair market value at the
end of the fiscal year of all of the issued shares
of its capital stock and the amount deter-
mined under subclause ii in respect of the
corporation for the fiscal year ; and
(c) "refundable capital gains tax on hand" of a mutual
fund corporation at the end of a fiscal year means
the amount, if any, by which,
(i) the aggregate of amounts each of which is an
amount in respect of that or any previous
fiscal year throughout which it was a mutual
fund corporation, equal to 12 per cent of the
lesser of its taxable income for the fiscal year
and its taxed capital gains for the fiscal year,
exceeds
(ii) the aggregate of amounts each of which is
an amount in respect of any previous fiscal
year throughout which it was a mutual fund
corporation, equal to its capital gains refund
for the fiscal year.
(6) In subsection 5, "taxed capital gains" of a corporation idem
for a fiscal year is the amount, if any, by which,
(i) its taxable capital gains for the fiscal year
from dispositions of property.
exceeds
the aggregate of its allowable capital losses
for the fiscal year from dispositions of property
and the amount, if any, deductible under
clause h of subsection 1 of section 99 for the
purpose of computing its taxable income for the
fiscal year.
94
s. 122(1) (0,
re-enacted
9. — (1) Clause i of subsection 1 of section 122 of the said Act is
repealed and the following substituted therefor :
Non-profit
organizations
{i) a club, society or association organized and operated
exclusively for social welfare, civic improvement,
pleasure or recreation, or for any other purpose
except profit, which has not in the fiscal year or in
any previous fiscal year distributed any part of its
income to any proprietor, member or shareholder
thereof, or appropriated any of its funds or property
in any manner whatever to or for the benefit of any
proprietor, member or shareholder thereof.
s. 122,
amended
(2) The said section 122 is amended by adding thereto the
following subsection :
Tax payable
where distri-
bution made
to members or
shareholders
[la) Where a corporation described in clause ioi subsection 1 ,
(a) has in the fiscal year distributed any part of its
income or distributed or otherwise appropriated any
of its funds or property in any manner whatever to
or for the benefit of any proprietor, member or
shareholder thereof, such corporation shall be liable
to the taxes imposed under this Act for the fiscal
year in which the distribution is made and for sub-
sequent fiscal years, and in computing its income
for the fiscal year in which the distribution is made,
it shall include the aggregate of its income of all
previous fiscal years ;
{b) has, after 1971, distributed any of its income or
distributed or otherwise appropriated any of its
funds or property in any manner whatever to or for
the benefit of any proprietor, member or shareholder
thereof on the winding up or discontinuance of its
business, the corporation shall be deemed to have
received income in that fiscal year equal to the
amount, if any, by which the amount of the funds
and the value of the property distributed or ap-
propriated, as the case may be, exceeds the aggregate
of,
94
(i) amounts paid in by proprietors, members or
shareholders on account of capital, and
(ii) that part of the corporation's surplus that is
attributed to income that was exempt under
this section other than taxable capital gains.
Section 9. This amendment ensures the continued exemption from
tax for a non-profit organization, provided that it does not distribute its
income or appropriate any of its property to members or shareholders.
The amendment also provides rules that will apply upon the reorganization
or the winding-up of such an organization where it has become disqualified
from exemption.
94
Section 10 makes it clear that the capital tax payable by a corporation
is to be calculated upon its taxable paid-up capital.
Section 11. Subsection 1 amends the Act to provide that all money
borrowed by a corporation from a bank will now be included as part of the
corporation's paid-up capital.
Subsection 2 defines the taxable paid-up capital of a bank thereby
providing a base for capital tax imposed on banks. The special taxes provided
for banks in the Act will be repealed.
Section 12. This amendment provides that a bank, in calculating
its taxable paid-up capital, may not deduct the costs of investments and
of loans to other corporations. The corporation that is not a bank must
include loans from other corporations in its taxable paid-up capital, but a
bank is not required to do so, and no deduction in respect of such in-
vestments is necessary.
Section 13. This amendment provides that corporations incorporated
outside Canada that carry on their business entirely in Canada pay capital
tax only on the basis of their taxable paid-up capital. At present, such
corporations, although their whole business is in Canada, can be liable to pay
capital tax calculated on the capitalized value of 8 per cent of their taxable
income. The amendment will abolish this distinction where all of the business
of a company is done in Canada.
Section 14 raises from one-tenth of one per cent to one-lifth of one
per cent the capital tax payable by a corporation other than a bank, and
imposes a uniform rate of two-fifths of one per cent on banks, with respect
to their taxable paid-up capital. This new rate replaces the present special
tax on banks as well as the office tax on banks.
94
10. — (1) Clause a of section 123 of the said Act is amended bv^-^^^^f^:,
-1 • << • 11 -1 • 1,, • 1 amended
striking out upon its taxable paid-up capital in the
second line and inserting in lieu thereof "calculated upon
its taxable paid-up capital".
(2) Clause h of the said section 123 is amended by striking 8.123(6),
out "upon its taxable paid-up capital employed in Canada"
in the second and third lines and inserting in lieu thereof
"calculated upon its taxable paid-up capital employed in
Canada".
11. — (1) Clause d of section 126 of the said Act is repealed and 8^126 w,^^
the following substituted therefor :
{d) all sums or credits advanced or loaned to the cor-
poration by its shareholders directly or indirectly
or by any other corporation ; and
(2) The said section 126 is amended by adding thereto the s- 126,
following subsection :
amended
(2) Notwithstanding subsection 1, the taxable paid-up Taxable
capital of a bank for a fiscal year is its taxable paid-up capital capital
r r r of banks
as it stood at the close of the fiscal year, and includes,
(a) its paid-up capital stock ;
[h) its reserve fund ; and
(c) its undivided profits.
12. Section 127 of the said Act is amended by adding thereto the|j^27.^gjj
following subsection :
{2a) Subsections 1 and 2 do not apply to any corporation ^^°®p**°°
to which subsection 2 of section 126 applies.
13. Section 128 of the said Act is amended by adding thereto the s 128,
t ^^ • ^ ■ ' amended
following subsection :
(2) Subsection 1 does not apply where the business of the Business^
corporation was carried on entirely in Canada, and in any Canada
such case, the corporation's taxable paid-up capital employed
in Canada shall be determined in accordance with the provisions
of Division B of this Part.
14. Section 131 of the said Act is repealed and the following ^^^^^-3^^,^.^^
substituted therefor :
94
8
Rate of
capital
tax on
non-banking
corporations
131 . — (1) Except as provided in subsection 2, the tax payable
under this Part by a corporation for a fiscal year calculated
upon its taxable paid-up capital or taxable paid-up capital
employed in Canada, as the case may be, in this subsection
referred to as the "amount taxable", is one fifth of 1 per cent
of the amount taxable.
Rate of
capital tax
on banks
(2) The tax payable under this Part by a bank for a fiscal
year calculated upon its taxable paid-up capital, in this sub-
section referred to as the "amount taxable", is two-fifths oi
1 per cent of the amount taxable.
s. 132,
re-enacted
15. Section 132 of the said Act is repealed and the following
substituted therefor :
Deduction
from tax
on paid-up
capital
132. — (1) Except as provided in subsection 2, there may bt
deducted from the tax otherwise payable under this Part by £
corporation for a fiscal year an amount equal to one-fifth of 1
per cent of that portion of the taxable paid-up capital oi
taxable paid-up capital employed in Canada, as the case may be
which is deemed to be used by the corporation in the fiscal yeai
in each jurisdiction outside Ontario determined under rule*
prescribed by the regulations.
Idem
(2) There may be deducted from the tax otherwise payabh
under this Part by a bank for a fiscal year an amount equa
to two-fifths of 1 per cent of that portion of its taxable paid-uf
capital, which is deemed to be used by the bank in the fisca
year in each jurisdiction outside Ontario determined undei
rules prescribed by the regulations.
s. 134,
amended
16. Section 134 of the said Act is amended by striking out "138
139, 140, 141, 142 or" in the second and third lines.
ss. 138-142,
repealed
17. Sections 138, 139, 140, 141 and 142 of the said Act an
repealed.
s. 143,
amended
18. — (1) Section 143 of the said Act is amended by adding theretc
the following subsection :
Insurance
corporation,
what included
R.S.0. 1970,
0.224
(2a) For the purposes of this section, "insurance corporation'
and "corporation", as the case may be, include underwriters and
syndicates of underwriters operating on the plan known as
Lloyds, and include fraternal societies as defined in The In-
surance Act.
8. 143 (4) (6).
re-enacted
(2) Clause h of subsection 4 of the said section 143 is repealed
and the following substituted therefor :
94
Section 15. This amendment provides that corporations and banks
may deduct from the capital tax imposed by the Act the proportion of tax
on taxable paid-up capital which is deemed to be used by the corporation
or bank outside Ontario. The rate of tax referred to in the amendment is
the new rate imposed in section 14 of the Bill.
Section 16. This section repeals references to sections of the Act that
are being repealed by this Bill.
Section 17. This section repeals the special taxes imposed by the Act
on banks, railway, telegraph and express corporations and corporations that
operate sleeping or parlour cars in Ontario. These corporations will now
become liable to pay the capital tax calculated upon taxable paid-up
capital similar to other corporations.
Section 18. This amendment makes it clear that the premiums tax
imposed by section 143 of the Act applies to insurers operating on the
plan known as Lloyds. The premiums tax will also become payable by
fraternal societies with respect to contracts of insurance that they issue on
and after January 1, 1974, although insurance contracts issued by fraternal
societies prior to that date will remain exempt from the premiums tax.
94
Section 19. The repealed provision provided for the apportionment
of special taxes, except premiums tax, where the fiscal year of a corporation
paying such a tax was less than 365 days. With the repeal of these special
taxes, section 144 of the Act became redundant, and is accordingly repealed.
94
{b) fraternal societies as defined in The Insurance Act,^-^^^'^^''^'
with respect to contracts entered into prior to the
first day of January, 1974;
(ba) mutual benefit societies as defined in The Insurance
Act, or
19. Section 144 of the said Act is repealed. repealed
20. — (1) In this section, "the principal Act" means The Corporations^^^^^^^-
Tax Act, 1972. application
(2) This Act, except sections 1, 3, 4, 5, 6, 7, 8, 11, 12, 13, 14, "em
15, 16, 17 and 19, comes into force on the day it receives
Royal Assent.
(3) Sections 1, 3, 6, 7, 8 and 13 shall be deemed to have^em
come into force on the 1st day of January, 1972 and apply
to corporations in respect of all fiscal years that end
during or after 1972.
(4) Section 4 shall be deemed to have come into force on the"®'"
13th day of April, 1973, and applies to corporations in
respect of all fiscal years that end after the 12th day of
April, 1973, but only with respect to amounts that were
paid or credited or that were deemed to have been paid
or credited after the 12th day of April, 1973 by virtue
of clause / of subsection 1 of section 22 of the principal
Act, as re-enacted by this Act.
(5) Section 5 shall be deemed to have come into force on the"®™
13th day of April, 1973, and applies where a corporation,
after the 12th day of April, 1973, sold, pledged, assigned
or in any other manner disposed of any security received
by it as payment in whole or in part for the sale of property
in respect of which the corporation has been allowed a
deduction under clause p of subsection 1 of section 24 of
the principal Act.
(6) Sections 11, 12, 14, 15, 16, 17 and 19 shall be deemed to"®™
have come into force on the 13th day of April, 1973 and
apply to corporations with respect to all fiscal years that
end after the 12th day of April, 1973, except that, in
determining the tax payable by a corporation under Part III
of the principal Act, as amended by this Act, with respect
to the fiscal year of a corporation that ends after the
12th day of April, 1973 and that includes that day, the
following rules apply,
94
10
(«) determine the tax under Part III of the principal
Act, as amended by this Act that, but for the rules
made applicable by this section, would be payable
by the corporation for a fiscal year that ends after
the 12th day of April, 1973 and that includes that
day;
(b) determine the proportion of the amount determined
under clause a that the number of days of the fiscal
year that follow the 12th day of April, 1973 bears
to the total number of days of that fiscal year;
(c) determine the tax that, but for the rules made
applicable by this section, would be payable for the
fiscal year that ends after the 12th day of April,
1973, and that includes that day under Part III or
IV of the principal Act, as the case may be, as those
parts stood prior to the 13th day of April, 1973,
and on the assumption that those parts were appli-
cable to that fiscal year ;
{d) determine that proportion of the amount determined
under clause c that the number of days of the fiscal
year prior to the 13th day of April, 1973 bears to the
total number of days of that fiscal year ;
(e) determine the aggregate of the amounts determined
under clauses b and d in respect of the corporation,
and the aggregate determined under clause e is the tax
under Part III of the principal Act, as amended by this
Act, that is payable by the corporation for its fiscal year
that ends after the 12th day of April, 1973 and that
includes that day.
Short title 21. This Act may be cited as The Corporations Tax Amendment
Act,] 973.
94
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a-
BILL 94
3rd Session, 29th Legislature, Ontario
22 Elizabeth II. 1973
An Act to amend The Corporations Tax Act, 1972
The Hon. J. White
Treasurer of Ontario and Minister of Economics
and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
BILL 94 1973
An Act to amend The Corporations
Tax Act, 1972
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows :
1. — (1) Clause c of subsection 2 of section 2 of The Corporations ^^^^2ae&
Tax Act, 1972, being chapter 143, is amended by striking
out "77" in the second line and inserting in lieu thereof
"76".
(2) Clause c of subsection 3 of the said section 2 is amended hy^^^^^2ded
striking out "77" in the second line and inserting in lieu
thereof "76".
2. Subsection 8 of section 7 of the said Act is repealed and thesJJ8x^^^^
following substituted therefor :
(8) The fact that a non-resident corporation in a fiscal ^^^^^^^^^^^^^^
year produced, grew, mined, created, manufactured, fabricated,
improved, packed, preserved or constructed in whole or in part
anything in Canada whether or not the corporation exported
that thing without selling it prior to exportation, or the fact
that a non-resident corporation produced or presented any
form of entertainment by means of a performance on a public
stage or in an auditorium or other public place in Canada,
shall of itself, for the purposes of this Act, be deemed to
mean that the corporation maintained a permanent establish-
ment at any place where the corporation did any of those
things in the fiscal year.
3. Subclause i v of clause / of subsection 1 7 of section 1 7 of the said fj^J^^P
Act is repealed. repealed
4. Clause / of subsection 1 of section 22 of the said Act is repealed ^g^g^^cted
and the following substituted therefor :
(/) 5/12 of the aggregate of amounts each of which is ^I'fenTSnd*
an amount in respect of, pigments
94
1970-71,
c. 63 (Can.)
S.24,
amended
No deduction
in respect of
property in
certain
circumstances
(i) a management or administration fee or charge,
(ii) a rent, royalty or a similar payment, and
(iii) a right in or to the use of motion picture
films or films or video tapes for use in con-
nection with television that have been or are
to be used or reproduced by the corporation
in Canada,
that were paid or credited, or deemed to be paid or
credited, in the fiscal year to a non-resident person
with whom the corporation was not dealing at arm's
length to the extent that such amounts were sub-
jected to taxation under paragraph a, d or e oi
subsection 1 of section 212 of the Income Tax Act
(Canada) or subsection 5 of that section, except that '
subclause ii does not apply where an amount is paid
or credited or deemed to be paid or credited to a
non-resident person that is a corporation liable to the
taxes imposed under this Act by virtue of clause b
of subsection 2 or 3 of section 2.
5. Section 24 of the said Act is amended by adding thereto the
following subsection :
(9a) Clause p of subsection 1 does not apply to allow a
deduction in computing the income of a corporation for a
fiscal year from a business where the corporation has, in the
fiscal year, sold, pledged, assigned or in any other manner
disposed of any security received by it as payment in whole
or in part for the sale of property in respect of which the
corporation has, in that or a previous fiscal year, been
allowed a deduction under that clause.
s.51(2),
amended
6. Subsection 2 of section 51 of the said Act is amended by striking
out "Where at any time an option described in subsection 1,
other than an option the consideration for the granting of which
is an amount described in subclause v of clause b of subsection
12 of section 63 paid pursuant to an agreement described in that
subclause, that has been granted by a corporation after 1971
expires" in the first, second, third, fourth, fifth and sixth
lines and inserting in lieu thereof "Where at any time an
option granted after 1971 by a corporation to acquire shares
of its capital stock or bonds or debentures to be issued by it,
other than an option the consideration for the granting of
which is an amount described in subclause v of clause b of sub-
section 12 of section 63 and paid pursuant to an agreement
described in that subclause, expires".
8.98(l)(b),
amended
7 . Clause b of subsection 1 of section 98 of the said Act is amended
by striking out "subsection 1" in the ninth line and inserting
in lieu thereof "clause a".
94
8. — (1) Clause a of subsection 1 of section 109 of the said Act«i09<i>i«>'
^ ' amended
is amended by striking out "as defined by paragraph b
of subsection 6 of section 13 1 of the Income Tax A ct (Canada) ' '
in the third, fourth and fifth hues.
(2) Subsection 2 of the said section 109 is repealed and thesi09(2),
r 11 ■ 1 • 1 1 r re-enacted
following substituted therefor :
(2) Where a corporation has in a fiscal year become capital
entitled to a refund by virtue of subsection 2 of section 131 to mutual
of the Income Tax Act (Canada), the Minister, corporation
1970-71,
c. 63 (Can.)
[a) may, upon mailing the notice of assessment for the
fiscal year, refund without application therefor an
amount (in this section referred to as its "capital
gains refund" for the fiscal year) equal to the lesser
of,
(i) 6 per cent of the aggregate of.
(A) all capital gains dividends paid by the
corporation in the fiscal year, and
(B) its capital gains redemptions for the
fiscal year, and
(ii) the corporation's refundable capital gains tax
on hand at the end of the fiscal year ; and
(6) shall make such a refund after mailing the notice
of assessment if application therefor has been made
in writing by the corporation within four years from
the end of the fiscal year.
(2a) Where a corporation had a permanent establishment ^ppo^tion-
in a jurisdiction outside Ontario during a fiscal year in respect capital gains
of which subsection 2 applies, the capital gains refund other-
wise determined under subsection 2 shall be that proportion
thereof that the taxable income of the corporation that is
deemed to have been earned in Ontario for that fiscal year
for the purposes of section 103 bears to its total taxable income
or, where its taxable income is nil, the capital gains refund
otherwise determined under subsection 2 shall be that pro-
portion thereof that the corporation's taxable paid-up capital
that is deemed to have been used in Ontario for that fiscal
year for the purposes of section 132 bears to its total taxable
paid-up capital.
(3) The said section 109 is amended by adding thereto the 1^^°^^;^^^^
following subsections :
94
interpre- (5) In this section,
{a) "capital gains dividend account" of a mutual fund
corporation at any time means the amount, if any,
by which,
(i) its capital gains from dispositions of property
after 1971 and before that time while it was a
mutual fund corporation,
exceeds
(ii) the aggregate of,
(A) its capital losses from dispositions of
property after 1971 and before that time
while it was a mutual fund corporation,
(B) all capital gains dividends that become
payable by the corporation before that
time and after the end of the last
fiscal year ending before that time, and
(C) all amounts each of which is an amount
in respect of any fiscal year of the cor-
poration ending before that time
throughout which it was a mutual fund
corporation, equal to 16 2 /3 times its
capital gains refund for that fiscal
year;
{b) "capital gains redemptions" of a mutual fund
corporation for a fiscal year means that proportion
of,
(i) the aggregate of,
(A) 16 2/3 times its refundable capital
gains tax on hand at the end of the
fiscal year, and
(B) the amount, if any, by which the
aggregate of the fair market value
at the end of the fiscal year of all of the
issued shares of its capital stock and all
amounts each of which is the amount
of any debt owing by the corporation,
or of any other obligation of the cor-
poration to pay an amount, that was
outstanding at that time exceeds the
94
that
aggregate of the cost amounts to it at
that time of all of its properties and
the amount of any money of the cor-
poration on hand at that time,
the aggregate of amounts paid by it in the
fiscal year on the redemption of shares of its
capital stock
is of
(iii) the aggregate of the fair market value at the
end of the fiscal year of all of the issued shares
of its capital stock and the amount deter-
mined under subclause ii in respect of the
corporation for the fiscal year ; and
(c) "refundable capital gains tax on hand" of a mutual
fund corporation at the end of a fiscal year means
the amount, if any, by which,
(i) the aggregate of amounts each of which is an
amount in respect of that or any previous
fiscal year throughout which it was a mutual
fund corporation, equal to 12 per cent of the
lesser of its taxable income for the fiscal year
and its taxed capital gains for the fiscal year,
exceeds
(ii) the aggregate of amounts each of which is
an amount in respect of any previous fiscal
year throughout which it was a mutual fund
corporation, equal to its capital gains refund
for the fiscal year.
(6) In subsection 5, "taxed capital gains" of a corporation idem
for a fiscal year is the amount, if any, by which,
(i) its taxable capital gains for the fiscal year
from dispositions of property,
exceeds
(ii) the aggregate of its allowable capital losses
for the fiscal year from dispositions of property
and the amount, if any, deductible under
clause b of subsection 1 of section 99 for the
purpose of computing its taxable income for the
fiscal year.
94
8. 122(1) (0,
re-enacted
Non-profit
organizations
9. — (1) Clause i of subsection 1 of section 122 of the said Act is
repealed and the following substituted therefor :
{i) a club, society or association organized and operated
exclusively for social welfare, civic improvement,
pleasure or recreation, or for any other purpose
except profit, which has not in the fiscal year or in
any previous fiscal year distributed any part of its
income to any proprietor, member or shareholder
thereof, or appropriated any of its funds or property
in any manner whatever to or for the benefit of any
proprietor, member or shareholder thereof.
s. 122,
amended
(2) The said section 122 is amended by adding thereto the
following subsection :
Tax payable
where distri-
bution made
to members or
shareholders
(la) Where a corporation described in clause ioi subsection 1 ,
(a) has in the fiscal year distributed any part of its
income or distributed or otherwise appropriated any
of its funds or property in any manner whatever to
or for the benefit of any proprietor, member or
shareholder thereof, such corporation shall be liable
to the taxes imposed under this Act for the fiscal
year in which the distribution is made and for sub-
sequent fiscal years, and in computing its income
for the fiscal year in which the distribution is made,
it shall include the aggregate of its income of all
previous fiscal years ;
{h) has, after 1971, distributed any of its income or
distributed or otherwise appropriated any of its
funds or property in any manner whatever to or for
the benefit of any proprietor, member or shareholder
thereof on the winding up or discontinuance of its
business, the corporation shall be deemed to have
received income in that fiscal year equal to the
amount, if any, by which the amount of the funds
and the value of the property distributed or ap-
propriated, as the case may be, exceeds the aggregate
of,
(i) amounts paid in by proprietors, members or
shareholders on account of capital, and
(ii) that part of the corporation's surplus that is
attributed to income that was exempt under
this section other than taxable capital gains.
94
10. — (1) Clause a of section 123 of the said Act is amended bv^-^^^^f^
^ -1 • X << -. , 11 -1 • ,,, . , amended
striking out upon its taxable paid-up capital in the
second line and inserting in lieu thereof "calculated upon
its taxable paid-up capital".
(2) Clause b of the said section 123 is amended by striking s. 123 (6),
out "upon its taxable paid-up capital employed in Canada"
in the second and third lines and inserting in lieu thereof
"calculated upon its taxable paid-up capital employed in
Canada".
[1. — (1) Clause d of section 126 of the said Act is repealed and s- 126(d)
the following substituted therefor :
{d) all sums or credits advanced or loaned to the cor-
poration by its shareholders directly or indirectly
or by any other corporation ; and
(2) The said section 126 is amended by adding thereto the s- 126,
following subsection :
(2) Notwithstanding subsection 1, the taxable paid-up Taxable
.',,,,- °~ , . . , , . , ^ . *, paid-up
capital of a bank tor a fiscal year is its taxable paid-up capital capital
as it stood at the close of the fiscal year, and includes,
(a) its paid-up capital stock ;
{b) its reserve fund ; and
(c) its undivided profits.
12. Section 127 of the said Act is amended by adding thereto the^i^?
.,,.,. •' t5 amended
following subsection :
(2a) Subsections 1 and 2 do not apply to any corporation ^**^®p**°°
I to which subsection 2 of section 126 applies.
13. Section 128 of the said Act is amended by adding thereto the s- 128,
J. ,, . , , . -^ " amended
following subsection :
(2) Subsection 1 does not apply where the business of the business
corporation was carried on entirely in Canada, and in any Canada
such case, the corporation's taxable paid-up capital employed
in Canada shall be determined in accordance with the provisions
of Division B of this Part.
14. Section 131 of the said Act is repealed and the following ^^i^^.^^^^^
substituted therefor :
94
8
Rate of
capital
tax on
non-banking
corporations
131 . — ( 1 ) Except as provided in subsection 2 , the tax payable
under this Part by a corporation for a fiscal year calculatec
upon its taxable paid-up capital or taxable paid-up capita
employed in Canada, as the case may be, in this subsectioi
referred to as the "amount taxable", is one fifth of 1 per ceni
of the amount taxable.
Rate of
capital tax
on banks
(2) The tax payable under this Part by a bank for a fisca
year calculated upon its taxable paid-up capital, in this sub
section referred to as the "amount taxable", is two-fifths o
1 per cent of the amount taxable.
s. 132,
re-enacted
15. Section 132 of the said Act is repealed and the following
substituted therefor :
Deduction
from tax
on paid-up
capital
132. — (1) Except as provided in subsection 2, there may b(
deducted from the tax otherwise payable under this Part by i
corporation for a fiscal year an amount equal to one-fifth of
per cent of that portion of the taxable paid-up capital o:
taxable paid-up capital employed in Canada, as the case may be
which is deemed to be used by the corporation in the fiscal yea;
in each jurisdiction outside Ontario determined under rule;
prescribed by the regulations.
Idem
(2) There may be deducted from the tax otherwise payable
under this Part by a bank for a fiscal year an amount equa
to two-fifths of 1 per cent of that portion of its taxable paid-u{
capital, which is deemed to be used by the bank in the fisca
year in each jurisdiction outside Ontario determined undei
rules prescribed by the regulations.
s. 134,
amended
16. Section 134 of the said Act is amended by striking out "138
139, 140, 141, 142 or" in the second and third hues.
ss. 138-142,
repealed
17. Sections 138, 139, 140, 141 and 142 of the said Act are
repealed.
s. 143,
amended
18. — (1) Section 143 of the said Act is amended by adding thereto
the following subsection :
Insurance
corporation,
what included
R.S.0. 1970,
C.224
{2a) For the purposes of this section, "insurance corporation'
and "corporation", as the case may be, include underwriters an(
syndicates of underwriters operating on the plan known as
Lloyds, and include fraternal societies as defined in The In
surance Act.
8.143(4) (6),
re-enacted
(2) Clause b of subsection 4 of the said section 143 is repealed
and the following substituted therefor :
94
I
{b) fraternal societies as defined in The Insurance Act,^f24'^^'^^'
with respect to contracts entered into prior to the
first day of January, 1974;
(ba) mutual benefit societies as defined in The Insurance
Act, or
19. Section 144 of the said Act is repealed. repealed
20. — (1) In this section, "the principal Act" means The Corporations^^^^^^^-
Tax Act, 1972. application
(2) This Act, except sections 1, 3, 4, 5, 6, 7, 8, 11, 12, 13, 14,idem
15, 16, 17 and 19, comes into force on the day it receives
Royal Assent.
(3) Sections 1, 3, 6, 7, 8 and 13 shall be deemed to have^*^®™
come into force on the 1st day of January, 1972 and apply
to corporations in respect of all fiscal years that end
during or after 1972.
(4) Section 4 shall be deemed to have come into force on the^^^^™
13th day of April, 1973, and applies to corporations in
respect of all fiscal years that end after the 12th day of
April, 1973, but only with respect to amounts that were
paid or credited or that were deemed to have been paid
or credited after the 12th day of April, 1973 by virtue
of clause / of subsection 1 of section 22 of the principal
Act, as re-enacted by this Act.
(5) Section 5 shall be deemed to have come into force on the^*^^'"
13th day of April, 1973, and apphes where a corporation,
after the 12th day of April, 1973, sold, pledged, assigned
or in any other manner disposed of any security received
by it as payment in whole or in part for the sale of property
in respect of which the corporation has been allowed a
deduction under clause p of subsection 1 of section 24 of
the principal Act.
(6) Sections 11. 12, 14, 15, 16, 17 and 19 shall be deemed toWem
have come into force on the 13th day of April, 1973 and
apply to corporations with respect to all fiscal years that
end after the 12th day of April, 1973, except that, in
determining the tax payable by a corporation under Part III
of the principal Act, as amended by this Act, with respect
to the fiscal year of a corporation that ends after the
12th day of April, 1973 and that includes that day, the
following rules apply,
94
10
{a) determine the tax under Part III of the principal
Act, as amended by this Act that, but for the rules
made applicable by this section, would be payable
by the corporation for a fiscal year that ends after
the 12th day of April, 1973 and that includes that
day;
{b) determine the proportion of the amount determined
under clause a that the number of days of the fiscal
year that follow the 12th day of April, 1973 bears
to the total number of days of that fiscal year ;
(c) determine the tax that, but for the rules made
applicable by this section, would be payable for the
fiscal year that ends after the 12th day of April,
1973, and that includes that day under Part III or
IV of the principal Act, as the case may be, as those
parts stood prior to the 13th day of April, 1973,
and on the assumption that those parts were appli-
cable to that fiscal year ;
{d) determine that proportion of the amount determined
under clause c that the number of days of the fiscal
year prior to the 13th day of April, 1973 bears to the
total number of days of that fiscal year ;
(e) determine the aggregate of the amounts determined
under clauses b and d in respect of the corporation,
and the aggregate determined under clause e is the tax
under Part III of the principal Act, as amended by this
Act, that is payable by the corporation for its fiscal year
that ends after the 12th day of April, 1973 and that
includes that day.
Short title 21. This Act may be cited as The Corporations Tax Amendment
Act. 1973.
94
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BILL 95 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to repeal The Security Transfer Tax Act
The Hon. J. White
Treasurer of Ontario and Minister of Economics
and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
This Bill repeals The Security Transfer Tax A ct.
95
E[LL 95 1973
An Act to repeal
The Security Transfer Tax Act
IlER MAJESTY, by and with the advice and consent of the
i- Legislative Assembly of the Province of Ontario, enacts as
(|ows:
1. The Security Transfer Tax Act and The Security Transfer ra;cRs.o.i970,
A mendment Act, 1 972 are repealed . amended,
repealed
2. This Act shall be deemed to have come into force on the cJommence-
13th day of April, 1973. ""^^
3. This Act may be cited as The Security Transfer Tax Repeal ^c/^^hort title
1973.
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BILL 95
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to repeal The Security Transfer Tax Act
The Hon. J. White
Treasurer of Ontario and Minister of Economics
and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
^filT !•
ILL 95 1973
An Act to repeal
The Security Transfer Tax Act
TER MAJESTY, by and with the advice and consent of the
-■■ Legislative Assembly of the Province of Ontario, enacts as
Hows :
1. The Security Transfer Tax Act and The Security Transfer Tax^-^o.mo,
A mendment A ct, 1972 are repealed. ameidld,
repealed '
2. This Act shall be deemed to have come into force on the commence-
13th day of April, 1973. ""^"^
3. This Act may be cited as The Security Transfer Tax Repeal Act short title
1973. ^
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BILL 96 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Income Tax Act
The Hon. A. Grossman
Minister of Revenue
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
The Bill provides that income tax levied by Ontario on the capital
gains of mutual fund trusts will be refunded when the capital gains are
distributed to the unit holders or shareholders of the mutual fund. The
refund is a percentage of the refund under the federal Income Tax Act, and
is based on the percentage that the Ontario income tax rate is of the federal
income tax rate. The Bill also amends the property tax credit legislation to
ensure that municipal tax or rent paid by a trustee for a principal taxpayer
or his spouse can be used in computing occupancy cost. Further amendments
to the property tax credit legislation are made to exclude foreign diplomats
from eligibility for a property tax credit, and to facilitate collection on
behalf of Ontario by the Government of Canada.
Section 1. These provisions provide for the refund of Ontario income
tax on the capital gains of mutual fund trusts. The refund is the same
percentage of the refund under the Federal Act that the provincial tax
rate is of the federal tax rate. The refund will occur when taxed capital
gains are distributed by the trust, and will avoid the double taxation of
these gains both in the hands of the trust and in the hands of its unit
holders to whom the gains are distributed. Subsection 9 apportions the
refund according to the income of the trust earned in Ontario, and sub-
section 10 allows a refund to be applied to any liability of the trust for
Ontario income tax.
96
BILL 96 1973
An Act to amend
The Income Tax 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 Income Tax Act, being chapter 217 of thelj^-^^^jg^
Revised Statutes of Ontario, 1970, as amended by the Statutes
of Ontario, 1971 (2nd Session), chapter 1, section 3, 1972,
chapter 100, section 2 and 1972, chapter 146, section 1, is
further amended by adding thereto the following subsections:
(8) Where an amount is to be refunded to a trust in respect capital gains
e • -^-./^/-i-r--.,. refund to
of a taxation year pursuant to section 132 of the Federal Act , mutual fund
trust
the Minister shall, subject to subsection 9, at such time and
in such manner as is provided for in section 132 of the
Federal Act, refund to the trust an amount (in this section
referred to as its "capital gains refund" for the year) equal
to that proportion of the amount of the refund for the year
calculated under subsection 1 of section 132 of the Federal
Act that,
{a) the percentage obtained by multiplying the per-
centage referred to in subsection 3 for the year times
the percentage referred to in paragraph a of sub-
section 3 of section 122 of the Federal Act for the
year
is of
{h) the percentage referred to in subparagraph i of para-
graph h of subsection 4 of section 132 of the Federal
Act for the year.
(9) For the purpose of computing the capital gains refund income
under subsection 8 for a trust in respect of a taxation year, Ontario
where the trust had income earned in the taxation year out-
side Ontario, the refund shall be that proportion of the
96
capital gains refund for the year otherwise determined under
subsection 8 that the trust's income earned in the taxation
year in Ontario is of its income for the year.
^o'othel-""" (^^) Instead of making a refund that might otherwise be
liability , made under subsection 8, the Minister may, where the trust is
hable or about to become Hable to make any payment under
this Act, apply to that other liability the amount that would
otherwise be refunded, and he shall notify the trust of that
action.
s-6&(i)(dx 2. — (1) Clause d of subsection 1 of section 66 of the said Act,
as re-enacted by the Statutes of Ontario, 1972, chapter 146,
section 2, is repealed and the following substituted there-
for:
{d) ' ' occupancy cost ' ' means ,
(i) municipal tax paid in the taxation year by a
principal taxpayer, by his spouse, or by a
trustee under a trust of which the principal
taxpayer or his spouse is a beneficiary, in
respect of a principal residence of the principal
taxpayer, or
(ii) 20 per cent of the rent paid in the taxation
year by a principal taxpayer, by his spouse,
or by a trustee under a trust of which the
principal taxpayer or his spouse is a bene-
ficiary, for occupation of a principal residence
of the principal taxpayer if such rent has
been calculated to exclude all payments on
account of meals or board and all payments
of rent for occupation prior to the 1st day of
January, 1972, but the foregoing provisions
of this subclause do not apply to any
principal taxpayer if he or his spouse or a
trustee for either of them, as the case may be,
while paying rent for the principal residence
of the principal taxpayer, was also liable to
pay municipal tax thereon by reason of any
agreement with the lessor of the principal
residence or for any other reason.
amended^' (^) Clause 6 of subsection 1 of the said section dh is amended
by striking out "that is either owned by or rented to the
principal taxpayer or his spouse, and" in the second and
third lines.
re-enacted (^) Clause / of subsection 1 of the said section 66 is repeal^
and the following substituted therefor :
96
Section 2. Subsections 1 and 2 provide for the inclusion in occupancy
cost of municipal tax or rent paid by a trustee under a trust of which the
princi[)al taxpayer or his spouse is a beneficiary where the payment is
made in respect of the principal taxpayer's principal residence.
Subsection 3 re-enacts the existing definition of principal taxpayer,
and in addition, provides for the exclusion from eligibility for a property
tax credit of foreign diplomats who are exempt from income tax.
96
Subsection 4 provides for the application of the property tax credit
to meet any liabilities of an individual for income tax, Canada Pension
Plan contributions and unemployment insurance premiums. This change is
required under the terms of the collection agreement between Ontario and the
Government of Canada for the administration of the property tax credit plan.
Subsection 5. Section 6b{7) is re-enacted to incorporate changes con-
sequential on the amendments made by the first two subsections of section
2 of the Bill.
96
(/) "principal taxpayer" means an individual who, on
the last day of the taxation year, occupies and
inhabits a principal residence except when that in-
dividual, on the last day of the taxation year,
occupies and inhabits a principal residence with
his spouse, in which case "principal taxpayer"
means that spouse who has the higher taxable
income for the taxation year, but "principal tax-
payer" does not include any individual who on the
last day of the taxation year was,
(i) under the age of sixteen years,
(ii) under the age of twenty-one years and
residing in the principal residence of a
principal taxpayer who claims such individual
as a dependant in that taxation year, or
(iii) entitled to claim the exemption from tax
granted in paragraph a or 6 of subsection 1
of section 149 of the Federal Act.
(4) Subsection 5 of the said section 6b is repealed and the s 66(5),
. . 1 1 /• re-enacted
lollowmg substituted therefor :
(5) The amount by which the deduction to which a princi- Q^^^f^^^°^
pal taxpayer is entitled under subsection 2 exceeds his tax
payable under this Act for the taxation year calculated
without reference to this section may be applied by the
Treasurer to pay any,
(a) tax, interest or penalty owing by the principal
taxpayer for that or any prior taxation year under
this Act, the income tax statute of any agreeing
province, or the Federal Act ; and
(b) contribution, penalty or interest owing by the
principal taxpayer for that or any prior taxation
year as a result of payments required from him
under the Canada Pension Plan A ct ; and ^c-s ' ^^^°'
(c) premium, interest or penalty owing by the principal
taxpayer for that or any prior taxation year under
the Unemployment Insurance Act, 1971, c^48(Can')
and the part of the amount not so applied shall be paid to
the principal taxpayer.
(5) Subsection 7 of the said section 66 is repealed and the s. 66 (7)
f ,, . , . -I 1 r re-enacted
followmg substituted therefor :
96
Joint
occupation
of principal
residence
(7) Where two or more principal taxpayers together occupy
and inhabit the same principal residence in the taxation
year, the occupancy cost thereof may be allocated to each
such principal taxpayer according to his beneficial interest in
the principal residence or according to the portion of the rent
for the principal residence that was paid by or on behalf
of each principal taxpayer in the taxation year, as the case
may be.
Commence-
ment
3. This Act comes into force on the day it receives Royal Assent
and applies with respect to the 1972 and subsequent taxation
years.
Short title 4. This Act may be cited as The Income Tax Amendment Act, 1973.
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BILL 96
3rd Session, 29th Legislature, Ontario
22 Elizabeth II. 1973
An Act to amend The Income Tax Act
The Hon. A. Grossman
Minister of Revenue
TORONTO
Printed and Published by the Queen's Printer and Publisher
ULL 96 1973
An Act to amend
The Income Tax Act
[TER MAJESTY, by and with the advice and consent of the
^ Legislative Assembly of the Province of Ontario, enacts as
allows :
1. Section 3 of The Income Tax Act, being chapter 217 of thelj^'^jj^jg^j
Revised Statutes of Ontario, 1970, as amended by the Statutes
of Ontario, 1971 (2nd Session), chapter 1, section 3, 1972,
chapter 100, section 2 and 1972, chapter 146, section 1, is
further amended by adding thereto the following subsections:
(8) Where an amount is to be refunded to a trust in respect capitauains
of a taxation year pursuant to section 132 of the Federal Act, mutual fund
. . trust
the Minister shall, subject to subsection 9, at such time and
in such manner as is provided for in section 132 of the
Federal Act, refund to the trust an amount (in this section
referred to as its "capital gains refund" for the year) equal
to that proportion of the amount of the refund for the year
calculated under subsection 1 of section 132 of the Federal
Act that,
{a) the percentage obtained by multiplying the per-
centage referred to in subsection 3 for the year times
the percentage referred to in paragraph a of sub-
section 3 of section 122 of the Federal Act for the
year
is of
(6) the percentage referred to in subparagraph i of para-
graph h of subsection 4 of section 132 of the Federal
Act for the year.
(9) For the purpose of computing the capital gains refund income
under subsection 8 for a trust in respect of a taxation year, Ontario
where the trust had income earned in the taxation year out-
side Ontario, the refund shall be that proportion of the
96
capital gains refund for the year otherwise determined unde
subsection 8 that the trust's income earned in the taxatioi
year in Ontario is of its income for the year.
ufothfr""" (^^) Instead of making a refund that might otherwise b
liability made under subsection 8, the Minister may, where the trust i
liable or about to become liable to make any payment unde
this Act, apply to that other liability the amount that wouh
otherwise be refunded, and he shall notify the trust of tha
action.
re-enacted ^* — ^^^ Clause d of subsection 1 of section dh of the said Act
as re-enacted by the Statutes of Ontario, 1972, chapter 146
section 2, is repealed and the following substituted there
for:
{d) "occupancy cost" means,
(i) municipal tax paid in the taxation year by j
principal taxpayer, by his spouse, or by ;
trustee under a trust of which the principa
taxpayer or his spouse is a beneficiary, ii
respect of a principal residence of the principa
taxpayer, or
(ii) 20 per cent of the rent paid in the taxatioi
year by a principal taxpayer, by his spouse
or by a trustee under a trust of which ih
principal taxpayer or his spouse is a bene
ficiary, for occupation of a principal resideno
of the principal taxpayer if such rent ha
been calculated to exclude all payments oi
account of meals or board and all payment
of rent for occupation prior to the 1st day o
January, 1972, but the foregoing provision
of this subclause do not apply to an]
principal taxpayer if he or his spouse or <
trustee for either of them, as the case may be
while paying rent for the principal residencf
of the principal taxpayer, was also liable t(
pay municipal tax thereon by reason of an\
agreement with the lessor of the principa
residence or for any other reason.
amende^d^' (^) Clause 6 of subsection 1 of the said section 66 is amendcc
by striking out "that is either owned by or rented to thti
principal taxpayer or his spouse, and" in the second anci
third lines.
re-enacted (^) Clause / of subsection 1 of the said section 66 is repealec
and the following substituted therefor :
96
(/) "principal taxpayer" means an individual who, on
the last day of the taxation year, occupies and
inhabits a principal residence except when that in-
dividual, on the last day of the taxation year,
occupies and inhabits a principal residence with
his spouse, in which case "principal taxpayer"
means that spouse who has the higher taxable
income for the taxation year, but "principal tax-
payer" does not include any individual who on the
last day of the taxation year was,
(i) under the age of sixteen years,
(ii) under the age of twenty-one years and
residing in the principal residence of a
principal taxpayer who claims such individual
as a dependant in that taxation year, or
(iii) entitled to claim the exemption from tax
granted in paragraph a or 6 of subsection 1
of section 149 of the Federal Act.
(4) Subsection 5 of the said section 6b is repealed and the s- 6ft (5),
' ,, . , . , , , re-enacted
f ollowmg substituted therefor :
(5) The amount by which the deduction to which a princi- of^ eVund °°
pal taxpayer is entitled under subsection 2 exceeds his tax
payable under this Act for the taxation year calculated
without reference to this section may be applied by the
Treasurer to pay any,
(a) tax, interest or penalty owing by the principal
taxpayer for that or any prior taxation year under
this Act, the income tax statute of any agreeing
province, or the Federal Act ; and
{b) contribution, penalty or interest owing by the
principal taxpayer for that or any prior taxation
year as a result of payments required from him
under the Canada Pension Plan A ct ; and ^c-s ' ^^'°'
(c) premium, interest or penalty owing by the principal
taxpayer for that or any prior taxation year under
the Unemployment Insurance Act, 1971 , c^487can')
and the part of the amount not so applied shall be paid to
the principal taxpayer.
(5) Subsection 7 of the said section bb is repealed and thes.6&(7),
following substituted therefor :
96
Joint
occupation
of principal
residence
(7) Where two or more principal taxpayers together occupy
and inhabit the same principal residence in the taxation
year, the occupancy cost thereof may be allocated to each
such principal taxpayer according to his beneficial interest in
the principal residence or according to the portion of the rent
for the principal residence that was paid by or on behalf
of each principal taxpayer in the taxation year, as the case
may be.
Commence-
ment
3. This Act comes into force on the day it receives Royal Assent
and applies with respect to the 1972 and subsequent taxation
years.
Short title 4. This Act may be cited as The Income Tax Amendment Act, 1973.
96
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BILL 97 Private Member's Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Highway Traffic Act
Mr. Paterson
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
The Bill exempts fire department vehicles, police vehicles and ambulances
from having to,
(a) observe speed limits ;
(6) stop at red signal-lights ; and
(c) observe no parking, standing or stopping restrictions under section
116 of the Act.
97
HLL 97 1973
An Act to amend The Highway Traffic Act
IFER MAJESTY, by and with the advice and consent of the
Jl Legislative Assembly of the Province of Ontario, enacts as
f lows :
1. Subsection 9 of section 82 of The Highway Traffic Act, being 8^82(9x^^^^
chapter 202 of the Revised Statutes of Ontario, 1970, is
repealed and the following substituted therefor :
(9) The speed limits prescribed under this Act or the ^™ ^.^.j^^jj^.
regulations or any by-law passed under this Act do not apply vehTcjes,
to a motor vehicle of a municipal fire department while vehicles and
proceeding to a fire or answering a fire alarm call, to a motor
vehicle operated by a person in the lawful performance of his
duties as a police officer or to a motor vehicle operated by a
person in the performance of his duties as an ambulance
driver.
2. Subsection 5 of section 96 of the said Act is repealed and the8-9«(5). _.
.„.,.,,. ^ re-enacted
following substituted therefor :
(5) Except for,
{a) a motor vehicle of a municipal fire department while
proceeding to a fire or answering a fire alarm call ;
{b) a motor vehicle operated by a person in the lawful
performance of his duties as a police officer ; or
(c) a motor vehicle operated by a person in the per-
formance of his duties as an ambulance driver,
when a red signal-light is shown at an intersection, every
driver or operator of a vehicle or car of an electric railway
that is approaching the intersection and facing such light
shall bring his vehicle or car to a full stop at a clearly marked
stop line or, if none, then immediately before entering the
nearest crosswalk or, if none, then immediately before enter-
red
97
s. 116(1),
re-enacted
ing the intersection, and shall not proceed until a green ligh
is shown, provided that the driver or operator may turn t
the right after bringing the vehicle or car to a full stop.
3. Subsection 1 of section 116 of the said Act is repealed att
the following substituted therefor :
Parking
on roadway
Commence-
ment
Short title
(1) Except for,
{a) a motor vehicle of a municipal fire departmer
while proceeding to a fire or answering a fire alan
call;
{b) a motor vehicle operated by a person in the lawft
performance of his duties as a police officer ; or
(c) a motor vehicle operated by a person in the pe;
formance of his duties as an ambulance driver,
no person shall park, stand or stop a vehicle on a roadway,
{d) when it is practicable to park, stand or stop tl
vehicle off the roadway ; or
{e) when it is not practicable to park, stand or sto
the vehicle off the roadway unless a clear view of tl
vehicle and of the roadway for at least 400 fe<
beyond the vehicle may be obtained from a distan<
of at least 400 feet from the vehicle in each directic
upon the highway.
4. This Act comes into force on the day it receives Royal Assent.
5. This Act may be cited as The Highway Traffic Amendme\
Act, 1973.
I
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BILL 98 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Retail Sales Tax Act
The Hon. J. White
Treasurer of Ontario and Minister of
Economics and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
General. The Bill raises to 7 per cent the rate of tax on tangible
personal property and taxable services, and brings in to tax electricity
and energy-producing fuels such as coal, coke, fuel oil, natural and manu-
factured gas. The bill also exempts from tax seeds, bulbs, flowers, shrubs,
trees and plants. The exemption for the 10 per cent tax on prepared
meals is raised from $2.50 to $4.00, and a new exemption is introduced
where the average price of prepared meals sold to one purchaser does
not exceed $4.00. An exemption will also be proposed for birds, fish and other
animals that are sold as household pets. Other changes are proposed to
facilitate the administration of the Act.
SECTION 1. SuDsections 1 and 3 make it clear that only the entry
fee to a place of amusement is included in the price of admission taxed
under section 2 (4) of the Act.
Subsection 2 includes a partnership as part of the definition of person,
and clarifies the definition of municipality included as a person.
Subsection 4 makes it clear that a purchaser of admission for another
person to a place of amusement is liable for the tax; the present wording
of the Act taxes the person for whom the admission is purchased. The
changes made by subsections 1, 3 and 4 reflect the administrative practice
followed since admissions to places of amusement were first taxed under
The Retail Sales Tax Act.
98
tILL 98 1973
An Act to amend The Retail Sales Tax Act
ITER MAJESTY, by and with the advice and consent of the
• -'- Legislative Assembly of the Province of Ontario, enacts as
illows :
1. — (1) Paragraph 1 of section 1 of The Retail Sales Tax ^ct,^-^^^^^^^^
being chapter 415 of the Revised Statutes of Ontario,
1970, is repealed and the following substituted therefor:
1. "admission" includes entry to a place of amusement
where any charge is made for such entry.
(2) Paragraph 6 of the said section 1, as amended by the^g^^P|^^.|'jj
Statutes of Ontario, 1972, chapter 1, section 104, is
repealed and the following substituted therefor :
6. "person", in addition to its meaning in The Interpretation
Act, includes Her Majesty in right of Ontario, a partner-
ship, a municipal corporation, including a district, metro- r.s.o.i97o,
politan or regional municipal corporation or a local board*^*^'^^'^^^
thereof as defined in The Municipal Affairs Act, and any
board, commission or authority established under any Act
of the Legislature.
(3) Paragraph 8 of the said section 1 is repealed and the^g^^P|^j.|^
following substituted therefor :
8. "price of admission" means the charge made to a pur-
chaser for entry into a place of amusement.
(4) Paragraph 9 of the said section 1 is amended by striking |j^gPar^|-
out "who purchases admission for himself to a place
of amusement, and a person for whom admission to a
place of amusement is purchased by another person" in
the ninth, tenth, eleventh and twelfth lines and by in-
serting in lieu thereof "who, at his expense, purchases
admission to a place of amusement for himself or for
another person".
98
8. 1, par. 15,
amended
8.2(1).
amended
8. 2 (2), par. 2,
amended
(5) Paragraph 15 of the said section 1 is amended by strikinj
out "a:nd includes natural gas and manufactured gas" ii
the third and fourth lines and inserting in lieu thereo
"and includes natural gas, manufactured gas, electricit>
and all other forms of energy that are sold for con
sumption in Ontario".
2. — (1) Subsection 1 of section 2 of the said Act is amended b
striking out "5" in the fourth line and inserting in Hei
thereof "1" .
(2) Paragraph 2 of subsection 2 of the said section 2 i
amended by striking out "$2.50" and inserting in liei
thereof "$4.00".
8. 2 (3),
amended
(3) Subsection 3 of the said section 2 is amended by strikinj
out "5" in the third line and inserting in lieu thereof "1"
8. 4 (1).
amended
3. Subsection 1 of section 4 of the said Act is amended by addin;
at the end thereof "or that such person has entered into ai
arrangement satisfactory to the Minister for the payment o
such taxes or for securing their payment".
8.5(1).
par. 2,
re-enacted
4. — (1) Paragraph 2 of subsection 1 of section 5 of the said Ac
is repealed and the following substituted therefor :
2. any prepared meal the price of which neither exceed
$4.00 nor is included in the sale price of two or more pre]
pared meals that are sold to one purchaser for a total said
price that exceeds $4.00 ;
2a. all prepared meals the prices of which are includec
in the total sale price of two or more prepared meals tha
are sold to one purchaser and that are consumed by two q-
more people if the average price of all the prepared meal;
the prices of which are included in such total sale price ii
not more than $4.00 and if that average price is determined bj
dividing such total price by the number of people to whon
was served a prepared meal the price of which was includec
in such total sale price and if the bill to the purchaser thai
contains such total sale price clearly shows the number o:
people to whom were served the prepared meals the price;
of which were included in such total sale price.
8.5(1).
pars. 3-6,
re-enacted ;
pars. 7-11,
repealed
R.S.0. 1970,
cc. 190, 282
(2) Paragraphs 3, 4, 5, 6, 7, 8, 9, 10 and 11 of subsection Ii
of the said section 5 are repealed and the following
substituted therefor :
3. tangible personal property taxed under The Gasolint
Tax A ct or The Motor Vehicle Fuel Tax A ct ;
98
Subsection 5 expands the definition of tangible personal property to
include electricity and other forms of energy.
Section 2. — Subsections 1 and 3 increase from 5 per cent to 7 per cent
the rate of tax payable on the consumption of tangible personal property
and taxable services.
Subsection 2 raises the exemption for prepared meals from $2.50 to
$4.00.
Section 3 allows the Minister to give a certificate in a bulk sale trans-
action where satisfactory arrangements have been made for the payment
of taxes due from the vendor. Previously, the certificate could only be given
if the tax was paid, and this provision was found to delay the closing of
some sales in bulk.
Section 4. — Subsection 1 exempts from tax any one prepared meal
that is bought for $4.00 or less. Where more than one prepared meal is
charged for on the same bill and the total price exceeds $4.00, the meals
are exempt from tax where the average cost of the meals included in the
total price is $4.00 or less and the number of people for whom meals
were bought is shown on the bill.
Subsection 2 repeals exemptions for fuel oil, coal, coke, natural and
manufactured gas, and electricity, which now become taxable under the
Act. New paragraphs are added to exempt fuel used in farming or manu-
facturing, as defined by the Minister, and to exempt electricity consumed
to provide public transportation.
Subsection 3 repeals exemptions that will now be comprised in the
broader exemption to be enacted as paragraph 13 of section 5 (1) of the Act.
98
Subsection 4 retains the exemption for natural water, ice and steam
unless the steam is sold as a source of heat or energy.
Subsection 5 adds soil to the items already exempt under this paragraph.
Subsection 6 repeals the exemption for draft beer purchased for resale
since such purchases are already exempt under other provisions of the
Act. It enacts an exemption for liquor, beer or wine sold under a special
occasion permit.
Subsection 7 provides for exemption of property in the construction
of capital works by municipalities and local boards of municipalities where
the cost of the property is borne by the municipality or local board.
98
4. wood as defined by the Minister ;
5. fuel, as defined by the Minister, and electricity that are,
in the opinion of the Minister, consumed directly in an
activity or process defined by the Minister to be farming or
the process of manufacturing or producing tangible personal
property for sale or use ;
6. electricity consumed in the operation of any vehicle
that is operated to provide public transportation, as defined
by the Minister.
(3) Paragraphs 13, 20, 21 and 22 of subsection 1 of the said8-^5j.<\)3'
section 5 are repealed and the following substituted there- re-enacted,
for : repealed
13. trees, shrubs, bushes, seeds and seedlings, cut flowers
and plants, bulbs from which plants or flowers may be grown,
growing plants and flowers and the containers in which they
are growing, but not any artificial plant, flower or tree.
(4) Paragraph 25 of subsection 1 of the said section 5 is^-^^^.^^-
repealed and the following substituted therefor : re-ena'cted
25. natural water, including ice and steam, unless the
steam is sold as a source of heat or is sold as a source of
energy to operate a mechanism of any kind.
(5) Paragraph 26 of subsection 1 of the said section 5 is^^^*
repealed and the following substituted therefor : re-enacted
26. soil, clay, sand, gravel and unfinished stone.
(6) Paragraph 48 of subsection 1 of the said section 5 is s- s (i),
repealed and the following substituted therefor : re-enacted
48. liquor, beer or wine sold under the authority of a special ^fgo' ^^^'
occasion permit issued under The Liquor Licence Act and
regulations made thereunder.
(7) Paragraph 60 of subsection 1 of the said section 5 is^^fj.^^-
repealed and the following substituted therefor : re-enacted
60. tangible personal property that enters directly into and
becomes part of the construction of capital works that, upon
completion, are owned by a municipality or by a local board
thereof, if the cost of such tangible personal property is shown
to have been directly and substantially borne by the muni-
cipality or local board thereof that owns the capital works
into the construction of which such tangible personal pro-
perty entered.
98
8.5(1).
par. 63,
re-enacted
8.8,
re-enacted
(8) Paragraph 63 of subsection 1 of the said section 5 is
repealed and the following substituted therefor :
63. animals, including birds, fish and reptiles, sold for use
as household pets.
5. Section 8 of the said Act is repealed and the following sub
stituted therefor :
Vendor to be
coUector
8. Every vendor is an agent of the Minister and as such
shall levy and collect the taxes imposed by this Act upor
the purchaser or consumer.
other
collectors
maybe
authorized
8a:. — (1) The Minister may in writing authorize any persor
who is not a vendor or any class of persons who are noi
vendors to collect, as agent of the Minister, the tax imposec
by this Act, and an authorization under this subsection maj
limit the time during which the authority conferred is exercis
able, and may limit the class or type of purchasers or con
sumers from whom tax may be collected.
Collector
to be
trustee
(2) Every person who collects tax by virtue of an authori
zation made under subsection 1 shall be deemed to hold sucl
tax in trust for Her Majesty in right of Ontario, and i
responsible for the payment over of such tax in the manne
and time provided under this Act and the regulations fo
the payment over of tax collected by a vendor.
Authorization
maybe
revoked
Member of
Assembly
(3) An authorization made under subsection 1 may be revokec
with respect to any person to . whom the authorizatioii
extends, but before any such revocation is made, the persoij
affected shall be afforded an opportunity to appear befor
the Minister to show cause why the authorization should no
be revoked.
(4) No person acting under subsection 1 or under sectioi
8 shall thus be made ineligible as a member of the Assembl}
8. 27 (1),
amended
6. Subsection 1 of section 27 of the said Act is amended by strikin
out "Every vendor who fails to deliver a return or to remi
the tax collectable or payable as and when required shall pa
a penalty of" in the first, second and third lines and insertin
in lieu thereof "Every vendor who fails to deliver a return a
required by this Act and the regulations, or who fails t
remit with his return the amount of taxes collectable o
payable by him as shown therein, shall pay a penalty of".
8.35,
re-enacted
7. Section 35 of the said Act is repealed and the following suL
stituted therefor :
98
Subsection 8. The repealed paragraph exempted cut natural evergreen
Christmas trees, and is now covered in the broader exemption enacted
by subsection 3 of this section of the Bill.
The new paragraph 63 that is enacted will exempt from tax the sale
of household pets.
Section 5. This section permits the Minister to allow people who
are not vendors under the Act to collect tax, and is intended to permit
the collection of tax by people such as registrars of deeds and the issuers of
motor vehicle licences.
Section 6. This provision amends section 27 (1) to impose a penalty
only where returns are filed late or where the tax shown in the return is
not paid. The present section of the Act penalizes every failure to pay
or collect the tax, and such failure is already penalized by other provisions
of the Act.
Section 7. This provision makes it clear that the tax to be paid by
a purchaser must always be clearly and separately stated by the vendor
so that a purchaser will know what part of the sale price is attributable to
retail sales tax.
98
Section 8. The new clauses authorize the payment of interest by the
Crown for the use of money that is subsequently rebated, and will authorize
repayment to a vendor when a purchaser on whose behalf a vendor has
paid tax has defaulted in repaying the vendor.
98
35. No vendor shall advertise or post or otherwise quote aTaxm^t^to^
price that includes the tax imposed by this Act unless he uy vendors
specifies separately the amount of the tax payable under this
Act, and no vendor shall hold out or state to the public
or to any purchaser, directly or indirectly, that the tax or
any part thereof imposed by this Act will be assumed or
absorbed by such vendor or that it will not be considered
as an element in the price to the purchaser or, if added, that it
or any part thereof will be refunded.
8. Subsection 2 of section 42 of the said Act is amended by|j^|g)^^
adding thereto the following clauses :
(«■) providing for the payment of interest to persons
to whom any rebate of tax is made under clause
eoT g and prescribing the rate thereof ;
(_;■) providing for the payment to vendors of all or any
part of money paid as tax where such money was
paid by a vendor on behalf of a purchaser who has
defaulted in paying to the vendor the tax payable,
and prescribing the conditions on which any payment
authorized by this clause may be made.
9, — (1) This Act, except subsection 5 of section 1, and sections co^™™e°ce-
2 and 4, comes into force on the day it receives Royal
Assent.
(2) Section 2 and subsections 1, 3, 5, 6 and 8 of section 4^^^""
shall be deemed to have come into force on the 1st day
of May. 1973.
(3) Subsection 5 of section 1 and subsections 2, 4 and 7 ofi^em
section 4 come into force on the 1st day of July, 1973.
10. This Act may be cited as The Retail Sales Tax Amendment^^^'^^^^^^^
Act. 1973.
98
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BILL 98 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Retail Sales Tax Act
The Hon. J. White
Treasurer of Ontario and Minister of
Economics and Intergovernmental Affairs
{Reprinted as amended by the Committee of the Whole House)
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
General. The Bill raises to 7 per cent the rate of tax on tangible
personal property and taxable services, and brings in to tax electricity
and energy-producing fuels such as coal, coke, fuel oil, natural and manu-
factured gas. The bill also exempts from tax seeds, bulbs, flowers, shrubs,
trees and plants. The exemption for the 10 per cent tax on prepared
meals is raised from |2.50 to $4.00, and a new exemption is introduced
where the average price of prepared meals sold to one purchaser does
not exceed $4.00. An exemption will also be proposed for birds, fish and other
animals that are sold as household pets. Other changes are proposed to
facilitate the administration of the Act.
Section 1. Subsections 1 and 3 make it clear that unly the entry
fee to a place of amusement is included in the price of admission taxed
under section 2 (4) of the Act.
Subsection 2 includes a partnership as part of the definition of person,
and clarifies the definition of municipality included as a person.
Subsection 4 makes it clear that a purchaser of admission for another
person to a place of amusement is liable for the tax; the present wording
of the Act taxes the person for whom the admission is purchased. The
changes made by subsections 1, 3 and 4 reflect the administrative practice
followed since admissions to places of amusement were first taxed under
The Retail Sales Tax Act.
98
JILL 98 1973
An Act to amend The Retail Sales Tax Act
[TER MAJESTY, by and with the advice and consent of the
tJ- Legislative Assembly of the Province of Ontario, enacts as
dUows :
1. — (1) Paragraph 1 of section 1 of The Retail Sales Tax ^ct.^-^l'J^^^^^^^
being chapter 415 of the Revised Statutes of Ontario,
1970, is repealed and the following substituted therefor:
1. "admission" includes entry to a place of amusement
where any charge is made for such entry.
(2) Paragraph 6 of the said section 1, as amended by the^g^^P|^^^'^j
Statutes of Ontario, 1972, chapter 1, section 104, is
repealed and the following substituted therefor :
6. "person", in addition to its meaning in The Interpretation
Act, includes Her Majesty in right of Ontario, a partner-
ship, a municipal corporation, including a district, metro- r.s.o.iqto,
politan or regional municipal corporation or a local board '^^'^^'^^^
thereof as defined in The Municipal Affairs Act, and any
board, commission or authority established under any Act
of the Legislature.
(3) Paragraph 8 of the said section 1 is repealed and the ^g^^P^^^^-^j
following substituted therefor :
8. "price of admission" means the charge made to a pur-
chaser for entry into a place of amusement.
(4) Paragraph 9 of the said section 1 is amended by striking Ij^j-^p^^^I-
out "who purchases admission for himself to a place
of amusement, and a person for whom admission to a
place of amusement is purchased by another person" in
the ninth, tenth, eleventh and twelfth lines and by in-
serting in lieu thereof "who, at his expense, purchases
admission to a place of amusement for himself or for
another person".
98
s.2(l),
amended
s. 2 (2), par. 2,
amended
s. 2 (3),
amended
8.4(1),
amended
8.5(1),
par. 2,
re-enacted
8.5(1),
par. 13,
re-enacted,
pars. 20-22,
repealed
2. — (1) Subsection 1 of section 2 of the said Act is amended by
striking out "5" in the fourth Hne and inserting in heu
thereof "7".
(2) Paragraph 2 of subsection 2 of the said section 2 is
amended by striking out "$2.50" and inserting in heu
thereof "$4.00".
(3) Subsection 3 of the said section 2 is amended by striking
out "5" in the third hne and inserting in heu thereof "1" .
3. Subsection 1 of section 4 of the said Act is amended by adding
at the end thereof "or that such person has entered into an
arrangement satisfactory to the Minister for the payment of
such taxes or for securing their payment".
4. — (1) Paragraph 2 of subsection 1 of section 5 of the said Act
is repealed and the following substituted therefor :
2. any prepared meal the price of which neither exceeds
$4.00 nor is included in the sale price of two or more pre-
pared meals that are sold to one purchaser for a total sale
price that exceeds $4.00 ;
2a. all prepared meals the prices of which are included
in the total sale price of two or more prepared meals that
are sold to one purchaser and that are consumed by two or
more people if the average price of all the prepared meals
the prices of which are included in such total sale price is
not more than $4.00 and if that average price is determined by
dividing such total price by the number of people to whom
was served a prepared meal the price of which was included
in such total sale price and if the bill to the purchaser that
contains such total sale price clearly shows the number of
people to whom were served the prepared meals the prices
of which were included in such total sale price.
(2) Paragraphs 13, 20, 21 and 22 of subsection 1 of the said
section 5 are repealed and the following substituted there-
for:
13. trees, shrubs, bushes, seeds and seedlings, cut flowers
and plants, bulbs from which plants or flowers may be grown,
growing plants and flowers and the containers in which they
are growing, but not any artificial plant, flower or tree.
8.5(1),
par. 26.
re-enacted
8.5(1),
par. 30,
amended
(3) Paragraph 26 of subsection 1 of the said section 5 is
repealed and the following substituted therefor :
26. soil, clay, sand, gravel and unfinished stone.
(4) Paragraph 30 of subsection 1 of the said section 5 is
amended by adding at the end thereof "and any prosthetic
appliance or equipment as defined by the Minister". ""^B
98
Section 2. — Subsections 1 and 3 increase from 5 per cent to 7 per cent
the rate of tax payable on the consumption of tangible personal property
and taxable services.
Subsection 2 raises the exemption for prepared meals from |2.50 to
14.00.
Section 3 allows the Minister to give a certificate in a bulk sale trans-
action where satisfactory arrangements have been made for the payment
of taxes due from the vendor. Previously, the certificate could only be given
if the tax was paid, and this provision was found to delay the closing of
some sales in bulk.
Section 4. — Subsection 1 exempts from tax any one prepared meal
that is bought for $4.00 or less. Where more than one prepared meal is
charged for on the same bill and the total price exceeds $4.00, the meals
are exempt from tax where the average cost of the meals included in the
total price is $4.00 or less and the number of people for whom meals
were bought is shown on the bill.
Subs((ti()n 2 repeals exemptions that will now be comprised in the
broader exemption to be enacted as paragraph 13 of section 5 (1) of the Act.
Subsection 3 adds soil to the items already exempt under this paragraph.
Subsection 4 an exemption is provided for prosthetic equipment as
defined by the Minister.
98
Subsection 5 repeals the exemption for draft beer purchased for resale
since such purchases are already exempt under other provisions of the
Act. It enacts an exemption for liquor, beer or wine sold under a special
occasion permit.
Subsection 6 provides for exemption of property in the construction
of capital works by municipalities and local boards of municipalities where
the cost of the property is borne by the municipality or local board.
Subsection 7 The repealed paragraph exempted cut natural evergreen
Christmas trees, and is now covered in the broader exemption enacted
by subsection 3 of this section of the Bill.
The new paragraph 63 that is enacted will exempt from tax the sale
of household pets.
Section 5. This section permits the Minister to allow people who
are not vendors under the Act to collect tax, and is intended to permit
the collection of tax by people such as registrars of deeds and the issuers of
motor vehicle licences.
98
(5) Paragraph 48 of subsection 1 of the said section 5 iss.5(i)
repealed and the following substituted therefor : re-enacted
48. liquor, beer or wine sold under the authority of a special ^1^ ^^™'
occasion permit issued under The Liquor Licence Act and
regulations made thereunder.
(6) Paragraph 60 of subsection 1 of the said section 5 is^-^^j.^^'
repealed and the following substituted therefor : re-enacted
60. tangible personal property that enters directly into and
becomes part of the construction of capital works that, upon
completion, are owned by a municipality or by a local board
thereof, if the cost of such tangible personal property is shown
to have been directly and substantially borne by the muni-
cipality or local board thereof that owns the capital works
into the construction of which such tangible personal pro-
perty entered.
(7) Paragraph 63 of subsection 1 of the said section 5 iSp^/yg'
repealed and the following substituted therefor : re-enacted
63. animals, including birds, fish and reptiles, sold for use
as household pets.
5. Section 8 of the said Act is repealed and the following sub-^^^^jj^^j.^^
stituted therefor :
8. Every vendor is an agent of the Minister and as ^^chj^^^^^^^"^^
shall levy and collect the taxes imposed by this Act upon
the purchaser or consumer.
8a. — (1) The Minister may in writing authorize any person other
who is not a vendor or any class of persons who are not may be
vendors to collect, as agent of the Minister, the tax imposed*^
by this Act, and an authorization under this subsection may
limit the time during which the authority conferred is exercis-
able, and may limit the class or type of purchasers or con-
sumers from whom tax may be collected.
(2) Every person who collects tax by virtue of an authori- couector
zation made under subsection 1 shall be deemed to hold such trustee
tax in trust for Her Majesty in right of Ontario, and is
responsible for the payment over of such tax in the manner
and time provided under this Act and the regulations for
the payment over of tax collected by a vendor.
(3) An authorization made under subsection 1 may be revoked Authorization
.., . , . , , • • maybe
With respect to any person to whom the authorization revoked
extends, but before any such revocation is made, the person
98
Member of
Assembly
affected shall be afforded an opportunity to appear bef(
the Minister to show cause why the authorization should i
be revoked.
i
(4) No person acting under subsection 1 or under secli
8 shall thus be made ineligible as a member of the Assemb
s.27(l),
amended
6. Subsection 1 of section 27 of the said Act is amended by striki
out "Every vendor who fails to deliver a return or to rer
the tax collectable or payable as and when required shall p
a penalty of" in the first, second and third lines and inserti
in lieu thereof "Every vendor who fails to deliver a return
required by this Act and the regulations, or who fails
remit with his return the amount of taxes collectable
payable by him as shown therein, shall pay a penalty of". j|
S.35,
re-enacted
Tax not to
be absorbed
by vendors
7. Section 35 of the said Act is repealed and the following
stituted therefor :
35. No vendor shall advertise or post or otherwise quc^
price that includes the tax imposed by this Act unless
specifies separately the amount of the tax payable under tl
Act, and no vendor shall hold out or state to the pub
or to any purchaser, directly or indirectly, that the tax
any part thereof imposed by this Act will be assumed
absorbed by such vendor or that it will not be consider
as an element in the price to the purchaser or, if added, thai
or any part thereof will be refunded.
s. 42 (2),
amended
8. Subsection 2 of section 42 of the said Act is amended,
adding thereto the following clauses : |
Commence-
ment
{i) providing for the payment of interest to per
to whom any rebate of tax is made under clj
eoT g and prescribing the rate thereof ;
(_;') providing for the payment to vendors of all or -a
part of money paid as tax where such money i?
paid by a vendor on behalf of a purchaser whoU
defaulted in paying to the vendor the tax paya
and prescribing the conditions on which any payd|l
authorized by this clause may be made.
9. — (I) This Act, except section 2, and subsections 1, 2, 5 an^
section 4, comes into force on the day it receives Iq|
Assent.
Idem
(2) Section 2 and subsections 1, 2, 5 and 7 of section 4 shl
98
Section 6. This provision amends section 27 (1) to impose a penalty
only where returns are filed late or where the tax shown in the return is
not paid. The present section of the Act penalizes every failure to pay
or collect the tax, and such failure is already penalized by other provisions
of the Act.
Section 7. This provision makes it clear that the tax to be paid by
a purchaser must always be clearly and separately stated by the vendor
so that a purchaser will know what part of the sale price is attributable to
retail sales tax.
Section 8. The new clauses authorize the payment of interest by the
Crown for the use of money that is subsequently rebated, and will authorize
repayment to a vendor when a purchaser on whose behalf a vendor has
paid tax has defaulted in repaying the vendor.
98
be deemed to have come into force on the 1st day of
May, 1973. "W^
0. This Act may be cited as The Retail Sales Tax Amendment ^^°^^^^^^^
Act, 1973.
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BILL 98
3rd Session, 29th Legislature, Ontario
22 Elizabeth II. 1973
An Act to amend The Retail Sales Tax Act
The Hon. J. White
Treasurer of Ontario and Minister of
Economics and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
jIiLL 98 1973
An Act to amend The Retail Sales Tax Act
IER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
lows:
1. — (1) Paragraph 1 of section 1 of The Retail Sales Tax ^c^,^g^^P|^j.^'^
being chapter 415 of the Revised Statutes of Ontario,
1970, is repealed and the following substituted therefor:
1. "admission" includes entry to a place of amusement
where any charge is made for such entry.
(2) Paragraph 6 of the said section 1, as amended by the^g^^P|^-^|^
Statutes of Ontario, 1972, chapter 1, section 104, is
repealed and the following substituted therefor :
6. "person", in addition to its meaning in The Interpretation
Act, includes Her Majesty in right of Ontario, a partner-
ship, a municipal corporation, including a district, metro- r.s.o.i970,
politan or regional municipal corporation or a local board "^^^
thereof as defined in The Municipal Affairs Act, and any
board, commission or authority established under any Act
of the Legislature.
(3) Paragraph 8 of the said section 1 is repealed and f he ^gl^P|^,.^'jj
following substituted therefor :
8. "price of admission" means the charge made to a pur-
chaser for entry into a place of amusement.
(4) Paragraph 9 of the said section 1 is amended by striking Ij^-Jp^^^I'
out "who purchases admission for himself to a place
of amusement, and a person for whom admission to a
place of amusement is purchased by another person" in
the ninth, tenth, eleventh and twelfth lines and by in-
serting in lieu thereof "who, at his expense, purchases
admission to a place of amusement for himself or for
another person".
8.2(1),
amended
s. 2 (2), par. 2,
amended
s. 2 (3),
amended
s. 4 (1),
amended
s. 5 (1),
par. 2,
re-enacted
8.5(1),
par. 13,
re-enacted,
pars. 20-22,
repealed
8.5(1),
par. 26,
re-enacted
2. — (1) Subsection 1 of section 2 of the said Act is amended b
striking out "5" in the fourth hne and inserting in lie
thereof "7".
(2) Paragraph 2 of subsection 2 of the said section 2
amended by striking out "$2.50" and inserting in he
thereof "$4.00".
(3) Subsection 3 of the said section 2 is amended by strikir
out "5" in the third Hne and inserting in heu thereof "7'
3. Subsection 1 of section 4 of the said Act is amended by addir
at the end thereof "or that such person has entered into a
arrangement satisfactory to the Minister for the payment (
such taxes or for securing their payment ' ' .
I
4. — (1) Paragraph 2 of subsection 1 of section 5 of the said A^
is repealed and the following substituted therefor :
2. any prepared meal the price of which neither excee(
$4.00 nor is included in the sale price of two or more pr
pared meals that are sold to one purchaser for a total sa
price that exceeds $4.00;
2a. all prepared meals the prices of which are includ(
in the total sale price of two or more prepared meals th
are sold to one purchaser and that are consumed by two
more people if the average price of all the prepared mea
the prices of which are included in such total sale price
not more than $4.00 and if that average price is determined t
dividing such total price by the number of people to who
was served a prepared meal the price of which was includ(
in such total sale price and if the bill to the purchaser th;
contains such total sale price clearly shows the number
people to whom were served the prepared meals the pric
of which were included in such total sale price. .j
(2) Paragraphs 13, 20, 21 and 22 of subsection 1 of the sa
section 5 are repealed and the following substituted ther
for:
13. trees, shrubs, bushes, seeds and seedlings, cut flow(
and plants, bulbs from which plants or flowers may be grow
growing plants and flowers and the containers in which thj
are growing, but not any artificial plant, flower or tree.
(3) Paragraph 26 of subsection 1 of the said section
repealed and the following substituted therefor :
26. soil, clay, sand, gravel and unfinished stone.
I
8.5(1),
par. 30,
amended
(4) Paragraph 30 of subsection 1 of the said section 5
amended by adding at the end thereof "and any prosthet
appliance or equipment as defined by the Minister". \
98
(5) Paragraph 48 of subsection 1 of the said section 5 iss-5(i)
repealed and the following substituted therefor : re-enacted
48. liquor, beer or wine sold under the authority of a special^ |^- 1^™-
occasion permit issued under The Liquor Licence Act and
regulations made thereunder.
(6) Paragraph 60 of subsection 1 of the said section 5 is?,-^^^^^|j
repealed and the following substituted therefor : re-enacted
60. tangible personal property that enters directly into and
becomes part of the construction of capital works that, upon
completion, are owned by a municipality or by a local board
thereof, if the cost of such tangible personal property is shown
to have been directly and substantially borne by the muni-
cipality or local board thereof that owns the capital works
into the construction of which such tangible personal pro-
perty entered.
(7) Paragraph 63 of subsection 1 of the said section 5 is^-^^j.^g^3'
repealed and the following substituted therefor : re-enacted
63. animals, including birds, fish and reptiles, sold for use
as household pets.
5. Section 8 of the said Act is repealed and the following sub-^g^^jj^^^.^^
stituted therefor :
8. Every vendor is an agent of the Minister and as such ^q®°^°^^q*° ^®
shall levy and collect the taxes imposed by this Act upon
the purchaser or consumer.
authorized
8a. — (1) The Minister may in writing authorize any person other
who is not a vendor or any class of persons who are not may be
vendors to collect, as agent of the Minister, the tax imposed'
by this Act, and an authorization under this subsection may
limit the time during which the authority conferred is exercis-
able, and may limit the class or type of purchasers or con-
sumers from whom tax may be collected.
(2) Every person who collects tax by virtue of an authori- Collector
zation made under subsection 1 shall be deemed to hold such trustee
tax in trust for Her Majesty in right of Ontario, and is
responsible for the payment over of such tax in the manner
and time provided under this Act and the regulations for
the payment over of tax collected by a vendor.
(3) An authorization made under subsection 1 may be revoked Authorization
• 1 , .... may be
With respect to any person to whom the authorization revoked
extends, but before any such revocation is made, the person
98
affected shall be afforded an opportunity to appear before
the Minister to show cause why the authorization should noi
be revoked.
Member of
Assembly
(4) No person acting under subsection 1 or under sectioi
8 shall thus be made ineligible as a member of the Assembly;'
s.27(l),
amended
6. Subsection 1 of section 27 of the said Act is amended by striking
out "Every vendor who fails to deliver a return or to remit
the tax collectable or payable as and when required shall pa}
a penalty of" in the first, second and third lines and inserting
in lieu thereof "Every vendor who fails to deliver a return as
required by this Act and the regulations, or who fails tc
remit with his return the amount of taxes collectable oi
payable by him as shown therein, shall pay a penalty of".
S.35,
re-enacted
Tax not to
be absorbed
by vendors
7. Section 35 of the said Act is repealed and the following sub
stituted therefor :
35. No vendor shall advertise or post or otherwise quote
price that includes the tax imposed by this Act unless h€
specifies separately the amount of the tax payable under this
Act, and no vendor shall hold out or state to the public
or to any purchaser, directly or indirectly, that the tax oi
any part thereof imposed by this Act will be assumed or
absorbed by such vendor or that it will not be considered!
as an element in the price to the purchaser or, if added, that i1
or any part thereof will be refunded.
s. 42 (2),
amended
Commence-
ment
Idem
8. Subsection 2 of section 42 of the said Act is amended bj
adding thereto the following clauses :
{i) providing for the payment of interest to persons
to whom any rebate of tax is made under clause
e or g and prescribing the rate thereof ;
(j) providing for the payment to vendors of all or any
part of money paid as tax where such money was
paid by a vendor on behalf of a purchaser who has
defaulted in paying to the vendor the tax payable,
and prescribing the conditions on which any payment
authorized by this clause may be made. fl
0. — (1) This Act, except section 2, and subsections 1, 2, 5 and 7 of
section 4, comes into force on the day it receives Royal
Assent.
(2) Section 2 and subsections 1, 2, 5 and 7 of section 4 shal
98
I
be deemed to have come into force on the 1st day of
May, 1973.
10. This Act may be cited as The Retail Sales Tax Amendment ^^°^^^^^^^
Act. 1973.
98
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BILL 99 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Ontario Place Corporation Act, 1972
The Hon. C. Bennett
Minister of Industry and Tourism
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
The amendment removes the authority of the Corporation to employ
and govern the terms of employment of its own staff and provides for the
appointment of staff under The Public Service Act.
99
BILL 99 1973
An Act to amend
The Ontario Place Corporation Act, 1972
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 7 of The Ontario Place Corporation ^J^^^^^^^^
Act, 1972, being chapter ?)3, is repealed and the following
substituted therefor :
(1) Such officers, clerks and servants may be appointed o^^f^'^g^g^'^
under The Public Service Act d& are considered necessary ^ ^ ^^^^
for the proper conduct of the business of the Corporation, c.'ase
2. This Act comes into force on the day it receives Royal Assent. Sfent"*""*'
3. This Act may be cited as The Ontario Place Corporation A mend- ^^°^^ **^^«
ment Act, 1973.
99
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BILL 99
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Ontario Place Corporation Act, 1972
The Hon. C. Bennett
Minister of Industry and Tourism
TORONTO
Printed and Published by the Queen's Printer and Publisher
? m* i
s- iitrij.nyi'l
;ILL 99 1973
An Act to amend
The Ontario Place Corporation Act, 1972
ITER MAJESTY, by and with the advice and consent of the
-I Legislative Assembly of the Province of Ontario, enacts as
lUows :
1. Subsection 1 of section 7 of The Ontario Place Corporation ^J^^^^^^^^^
Act, 1972, being chapter 3^, is repealed and the following
substituted therefor :
(1) Such officers, clerks and servants may be appointed ^fflcers^and
under The Public Service Act d& are considered necessary
for the proper conduct of the business of the Corporation, c.386
I 2. This Act comes into force on the day it receives Royal Assent. ^°™^®'^°®"
3. This Act may be cited as The Ontario Place Corporation A mend- ^^^"^ "*ie
ment Act, 1973.
99
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BILL 100 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to provide assistance for the Rehabilitation and
Protection of Property on or adjacent to shorelines
The Hon. J. W. Snow
Minister of Government Services
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
This Bill provides a procedure for the municipalities to make loans
to owners of property for the rehabilitation and protection of shoreline
property and for the repair of damage to buildings and structures caused
by high water levels of or the impact of ice on lakes, rivers or other bodies
of water or as a result of damage to or erosion of the shores and provides
for the purchase of the municipal debentures by the Province.
100
i
BILL 100 1973
An Act to provide assistance for the
Rehabilitation and Protection of Property
on or adjacent to shorelines
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) "municipality" means a city, town, village or
township ;
(6) "prescribed" means prescribed by the regulations
made under this Act ;
(c) "works" means retaining walls, dykes, break-
waters, groynes, cribs and other structures designed
for the rehabilitation or protection, or both, of
property on the shores of lakes, rivers or other bodies
of water that have been damaged or eroded by the
elements, and includes repairs and improvements
to existing works.
Part I
REHABILITATION AND PROTECTION LOANS
2. — (1) Subject to sections 64 and 65 of The Ow/ano Borrowing
Dowsrs 01
Municipal Board Act, the council of a municipality may, municipaii-
without the assent of the electors, pass by-laws in the
prescribed form authorizing the borrowing of money from af2°' ^^^°'
the Treasurer of Ontario for the purpose of lending the
money for the construction of works and the issuance of
debentures in the prescribed form by the municipality or
by a district, metropolitan or regional municipality on its
behalf.
(2) Forthwith after the passing of a by-law under sub- Registration
section 1, the clerk of the municipality shall register a
100
duplicate original or a copy of it, certified under his hand
and the seal of the municipal corporation, in the land
registry office for the registry division in which the munici-
pality is situate or, if the municipality is partly within two
or more registry divisions, in each of them.
to^bTvaUd*^ (3) Every by-law registered in accordance with subsection
where no 2, uuless an application or action to quash the by-law is
application , , f^. ^ ..,.., .
to quash made or brought m a court of competent jurisdiction before
the by-law is registered, is valid and binding according to its
terms.
Offer to
sell
debentures
to the
Province
(4) Where no application or action to quash the by-law
has been made or brought before the by-law is registered or,
where an application or action has been made or brought
and is dismissed, a certified copy of the by-law shall be
deposited with the Treasurer of Ontario together with an
affidavit of the clerk of the municipality in the prescribed
form stating that no application or action to quash the
by-law has been made or brought or, if an application or
action has been made or brought, that it has been dismissed,
and the debentures authorized by the by-law may there-
after be offered for sale to the Province of Ontario.
Application
by owner for
loan
3. — (1) An owner of land who is assessed as the owner
thereof in the municipality or, where at any time after
the return of the assessment roll and before the return of
the assessment roll in the following year, the land is con-
veyed to some other person, such other person may make
application to the council of the municipality in the pre-
scribed form to borrow money for the purpose of constructing
works on such land.
declaration (^) ^^^ application shall not be acted upon unless it is
of applicant accompanied by a declaration of the applicant stating that
he is the actual owner of the land mentioned in the applica-
tion, and that the land is free from encumbrance, or if the
land or any part of it is mortgaged or otherwise encumbered,
stating the name and address of the mortgagee or encum-
brancer, and where it has been assigned, the name of the
assignee of the mortgage or encumbrance with his address.
Notice to
encum-
brancer
(3) Where it appears that there is a mortgage or encum-
brance upon the land or any part of it, the application
shall not be disposed of until two weeks after the mortgagee,
encumbrancer or assignee has been notified of the application
by registered mail, sent to him by the clerk at his last
known address.
100
(4) If a mortgagee, encumbrancer or assignee notifies the. oj'jections
clerk in writing within the time specified in subsection 3 application
that he objects to the granting of the appHcation, the
council shall afford him an opportunity to make representa-
tion to council.
(5) No person by reason of having borrowed money under ^^™^®i"8o^f
this Act is disqualified from being elected as a member of disquaimed
council or from sitting or voting therein, but no member
of council shall vote on any question affecting an applica-
tion for a loan in which he has an interest.
(6) The approval of any application under subsection 1 is^/^^^^^^^f
in the discretion of the council whose decision is final and
written notice of the decision shall forthwith be given to
the applicant.
(7) No loan for the construction of works shall exceed ^1"^^***^^°°
^ ' on loans
90 per cent of the total cost of the works or a maximum
amount prescribed by the regulations, whichever is the lesser.
4. The council of a municipality borrowing money under ^^jPo*"^^'^'®^^
this Act shall employ a competent inspector to assess the
need for the construction of works, the type of works pro-
posed and the compatability of such works with adjacent
property and to inspect the works and he shall file with
the clerk an inspection and completion certificate in the
prescribed form, and the cost of such services by the in-
spector shall be charged against the works inspected and
shall be paid out of the money borrowed and deducted from
the amount loaned under section 7.
5. — (1) After the receipt of the inspection and completion °^^®g^"^®^
certificate, the council may issue a debenture payable to issued after
the Treasurer of Ontario with respect to the funds to be inspector's
loaned by the municipality, and, in the case of a municipality
within a district, metropolitan or regional municipality, the
coiincil may request the district, metropolitan or regional
municipality to issue the debenture on its behalf.
(2) A municipahty, or a district, metropolitan or regional ^Q^°*^ijP*^iJ^y
municipality on its behalf, shall not issue more than one more than
debenture in any month, the amount of which may combine debenture
amounts to be loaned by the municipality under this Act. ^^^^ '^
(3) The amount of each debenture issued to the Treasurer Amount of
of Ontario shall be in the sum of $100 or any multiple
thereof and shall not exceed the amount of the loan or
loans with respect to which the debenture is issued.
100
rates o^n ^^^ ^^^ interest rates applicable to debentures, both
debentures before and after maturity, issued under this Act shall be
determined from time to time by the Lieutenant Governor
in Council.
debentures (^) ^^^ term of the debentures shall be for a period of
twenty years and shall be repayable by equal annual instal-
ments of principal and interest each due on the anniversary
date of the debenture.
Prepayment
(6) The debentures shall provide that the municipality
or district, metropolitan or regional municipality, as the
case may be, shall pay forthwith to the Treasurer of Ontario
any amount or amounts repaid under section 1 1 .
delj^ln^tures ^^^ Each debenture shall be dated the first day of the
month following the month in which it is delivered to the
Treasurer of Ontario.
Offer to
sell
(8) An application requesting the Treasurer of Ontario
to purchase a debenture shall be by way of an offer to sell
in the prescribed form and shall accompany the debenture
delivered to the Treasurer of Ontario.
Purchase
6. — (1) The Treasurer of Ontario may purchase, acquire
and hold debentures issued under the authority of this Act
and pay therefor out of the Consolidated Revenue Fund.
on™moun°of (2) The aggregate principal amount of the outstanding
debentures debentures purchased by the Treasurer of Ontario under this
Act shall not exceed $50,000,000 at any time.
Terms on
which
council
shall lend
money
7. The council shall lend the money so borrowed under
the authority of section 2 in sums of $100 or multiples
thereof for a term of twenty years at a rate of interest equal
to that set out in the debenture by which the funds are
borrowed.
Collection
of special
rate
R.S.0. 1970,
c.284
8. The council shall impose by by-law in the prescribed
form and, subject to section 11, shall levy and collect for
the term of twenty years, over and above all other rates,
upon the land in respect of which the money is lent, a special
equal annual rate sufficient to discharge in twenty years the
principal and interest of the money lent, and the special
rates imposed shall be deemed to be taxes, and the provisions
of The Municipal Act as to the collection and recovery of
taxes, and the proceedings that may be taken in default
thereof, apply.
100
9. — (1) The annual payment on any debenture for principal j^®^y^f°*
and interest shall be remitted by the treasurer of the muni- cipaiity to
... ,. •' . , .... Province
cipality or district, metropolitan or regional municipality
to the Treasurer of Ontario on or before the due date.
(2) In the event of default in any such payment, interest ii^®^®^*
thereon shall accrue during the time of such default and default
the rate of such interest shall be determined from time to
time by the Lieutenant Governor in Council.
10. — (1) Where a part of a parcel of land in respect of^l'J®^!
which money has been lent under this Act is sold, the counciPand with
r . ,. . , . ' respect to
of the municipality may apportion the special annual rate which money
between the part sold and the part remaining.
(2) The clerk of the municipality shall give the owners Notice
of the parts into which the land is divided at least ten days
notice in writing by registered mail of the time and place
the council will make the apportionment.
(3) The council in making the apportionment shall have Apportion-
regard to the effect of the works on each part into which rate
the parcel of land is divided and such other matters as
it considers appropriate, and the decision of the council
with respect to the apportionment is final.
(4) The order of apportionment shall be filed with the^i^n^^of
clerk and thereafter the special annual rate shall be levied apportion
and collected in accordance with the apportionment.
ment
11. The owner of land in respect of which money has pischarsre of
,-,.. * . -•'. indebtedness
been borrowed under this Act may at any time obtain a by owner
discharge of the indebtedness by paying to the treasurer
of the municipality the amount outstanding together with
accrued interest at the rate at which the funds were
borrowed and, where a debenture has been issued on behalf
of a municipality by a district, metropolitan or regional
municipality, the municipality shall pay forthwith to the
district, metropolitan or regional municipality, as the case
may be, the amount received from the owner.
Part II
BUILDING REPAIR LOANS
12. In this Part, "building repairs" means repairs toi°terp''e-
a building or structure required by reason of damage to
the building or structure caused by high water levels of
or the impact of ice on a lake, river or other body of water
or by damage to or erosion of the shore of a lake, river or
other body of water caused by the elements.
100
Loans for X3. Part I applies mutatis mutandis to building repairs,
repairs but no loan for building repairs shall exceed 90 per cent
of the total cost of the repairs or the maximum amount
prescribed by the regulations, whichever is the lesser.
Part III
GENERAL
Regulations J 4, The Lieutenant Governor in Council may make regula-
tions for the purposes of this Act,
{a) prescribing forms and defining any word or ex-
pression not defined in this Act ;
(h) prescribing the maximum amount of loans for the
construction of works and for building repairs.
Commence- J 5. This Act comes into force on the day it receives Royal
ment .
Assent.
Short title \Q^ This Act may be cited as The Shoreline Property
Assistance Act, 1973.
100
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BILL 100 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to provide Assistance for the Rehabilitation and
Protection of Property on or adjacent to Shorelines
The Hon. J. W. Snow
Minister of Government Services
[Reprinted as amended by the Committee of the Whole House)
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
This Bill provides a procedure for the municipalities to make loans
to owners of property for the rehabilitation and protection of shoreline
property and for the repair of damage to buildings and structures caused
by high water levels of or the impact of ice on lakes, rivers or other bodies
of water or as a result of damage to or erosion of the shores and provides
for the purchase of the municipal debentures by the Province.
100
BILL 100 1973
An Act to provide Assistance for the
Rehabilitation and Protection of Property
on or adjacent to Shorelines
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^,,,p,,.
tation
(a) "municipality" means a city, town, village or
township;
(b) "prescribed" means prescribed by the regulations
made under this Act ;
(c) "works" means retaining walls, dykes, break-
waters, groynes, cribs and other structures designed
for the rehabilitation or protection, or both, of
property on the shores of lakes, rivers or other bodies
of water that have been damaged or eroded by the
elements, and includes repairs and improvements
to existing works.
Part I
REHABILITATION AND PROTECTION LOANS
2. — (1) Subject to sections 64 and 65 of The 0«^ano Borrowing
^ ' J powers of
Municipal Board Act, the council of a municipality may, municipaii-
without the assent of the electors, pass by-laws in the
prescribed form authorizing the borrowing of money froma'323'^ '
the Treasurer of Ontario for the purpose of lending the
money for the construction of works and the issuance of
debentures in the prescribed form by the municipality or
by a district, metropolitan or regional municipality on its
behalf.
(2) Forthwith after the passing of a by-law under sub- Registration
section 1, the clerk of the municipality shall register a
100
duplicate original or a copy of it, certified under his hand
and the seal of the municipal corporation, in the land
registry office for the registry division in which the munici-
pality is situate or, if the municipality is partly within two
or more registry divisions, in each of them.
to^bTvaiid*^ (^) Every by-law registered in accordance with subsection
where no^' 2, unless an application or action to quash the by-law is
to quash made or brought in a court of competent jurisdiction before
the by-law is registered, is valid and binding according to its
terms.
Offer to
sell
debentures
to the
Province
Application
by owner for
loan
(4) Where no application or action to quash the by-law
has been made or brought before the by-law is registered or,
where an application or action has been made or brought
and is dismissed, a certified copy of the by-law shall be
deposited with the Treasurer of Ontario together with an
affidavit of the clerk of the municipality in the prescribed
form stating that no application or action to quash the
by-law has been made or brought or, if an application or
action has been made or brought, that it has been dismissed,
and the debentures authorized by the by-law may there-
after be offered for sale to the Province of Ontario.
3. — (1) An owner of land who is assessed as the owner
thereof in the municipality or, where at any time after
the return of the assessment roll and before the return of
the assessment roll in the following year, the land is con-
veyed to some other person, such other person may make
application to the council of the municipality in the pre-
scribed form to borrow money for the purpose of constructing
works on such land or, with the prior consent of the Crown,
on Crown land immediately adjacent to such land.
Where works (2) Where the money is borrowed to construct works on
lands Crown lands, it shall be deemed to be borrowed in respect
of the land of the owner who borrowed the money. ^^H
decfaraMon (^^ ^^^ application shall not be acted upon unless it is
of applicant accompanied by a declaration of the applicant stating that
he is the actual owner of the land mentioned in the applica-
tion, and that the land is free from encumbrance, or if the
land or any part of it is mortgaged or otherwise encumbered,
stating the name and address of the mortgagee or encum-
brancer, and where it has been assigned, the name of the
assignee of the mortgage or encumbrance with his address.
(4) Where it appears that there is a mortgage or encum-
brance upon the land or any part of it, the application
shall not be disposed of until two weeks after the mortgagee,
encumbrancer or assignee has been notified of the application
by registered mail, sent to him by the clerk at his last
known address.
Notice to
encum-
brancer
100
(5) If a mortgagee, encumbrancer or assignee notifies the oj^J^^tio^s
clerk in writing within the time specified in subsection 4 application
that he objects to the granting of the apphcation, the
council shall afford him an opportunity to make representa-
tion to council.
(6) No person by reason of having borrowed money under ^^^^^''^^^f
this Act is disqualified from being elected as a member of disqualified
,.. .'-',., by loan
council or from sitting or voting therein, but no member
of council shall vote on any question affecting an applica-
tion for a loan in which he has an interest.
(7) The approval of any application under subsection 1 ^^Qfl^^^lii^
in the discretion of the council whose decision is final and
written notice of the decision shall forthwith be given to
the applicant.
(8) No loan for the construction of works shall exceed ^^171*^**^^°°
^ ' on loans
90 per cent of the total cost of the works or a maximum
amount prescribed by the regulations, whichever is the lesser.
4. The council of a municipality borrowing money under ^^jPo^^^JJ^®"^
this Act shall employ a competent inspector to assess the
need for the construction of works, the type of works pro-
posed and the compatability of such works with adjacent
property and to inspect the works and he shall file with
the clerk an inspection and completion certificate in the
prescribed form, and the cost of such services by the in-
spector shall be charged against the works inspected and
shall be paid out of the money borrowed and deducted from
the amount loaned under section 7.
5. — (1) After the receipt of the inspection and completion ^^^^g^'^^^^
certificate, the council may issue a debenture payable to issued after
-^ r .7 receipt of
the Treasurer of Ontario with respect to the funds to be inspector's
C6I*tjifi.C£Ltj6
loaned by the municipality, and, in the case of a municipality
within a district, metropolitan or regional municipality, the
council may request the district, metropolitan or regional
municipality to issue the debenture on its behalf.
(2) A municipality, or a district, metropolitan or regional J|'Q*^°i°|P|'^*g*y
municipality on its behalf, shall not issue more than one more than
debenture in any month, the amount of which may combine debenture
amounts to be loaned by the municipality under this Act.
(3) The amount of each debenture issued to the Treasurer Amount of
' . debentures
of Ontario shall be in the sum of $100 or any multiple
thereof and shall not exceed the amount of the loan or
loans with respect to which the debenture is issued.
100
ratestfn (^) ^^^ interest rates applicable to debentures, both
debentures before and after maturity, issued under this Act shall be
determined from time to time by the Lieutenant Governor
in Council.
dStires (^) ^^^ ^^^^ ^^ ^^^ debentures shall be for a period of
twenty years and shall be repayable by equal annual instal-
ments of principal and interest each due on the anniversary
date of the debenture.
Prepayment (5) jhc debentures shall provide that the municipality
or district, metropolitan or regional municipality, as the
case may be, shall pay forthwith to the Treasurer of Ontario
any amount or amounts repaid under section 1 1 .
de*bln°tures (^) ^^^^ debenture shall be dated the first day of the
month following the month in which it is delivered to the
Treasurer of Ontario.
Offer to
sell
(8) An application requesting the Treasurer of Ontario
to purchase a debenture shall be by way of an offer to sell
in the prescribed form and shall accompany the debenture
delivered to the Treasurer of Ontario.
Purchase q^ — (J) jj^g Treasurer of Ontario may purchase, acquire
and hold debentures issued under the authority of this Act
and pay therefor out of the Consolidated Revenue Fund.
on'Smount'oi (2) The aggregate principal amount of the outstanding
debentures debentures purchased by the Treasurer of Ontario under this
Act shall not exceed $50,000,000 at any time.
Terms on
which
council
shall lend
money
7. The council shall lend the money so borrowed under
the authority of section 2 in sums of $100 or multiples
thereof for a term of twenty years at a rate of interest equal
to that set out in the debenture by which the funds are
borrowed.
Collection
of special
rate
R.S.0. 1970,
0.284
8. The council shall impose by by-law in the prescribed
form and, subject to section 11, shall levy and collect for
the term of twenty years, over and above all other rates,
upon the land in respect of which the money is lent, a special
equal annual rate sufficient to discharge in twenty years the
principal and interest of the money lent, and the special
rates imposed shall be deemed to be taxes, and the provisions
of The Municipal Act as to the collection and recovery of
taxes, and the proceedings that may be taken in default
thereof, apply.
100
9. — (1) The annual payment on any debenture for principal ^®^y^®Ji*^
and interest shall be remitted bv the treasurer of the muni- cipaiity to
Province
cipaiity or district, metropolitan or regional municipality
to the Treasurer of Ontario on or before the due date.
(2) In the event of default in any such payment, interest ^^^^i^^^t
thereon shall accrue during the time of such default anddefauit
the rate of such interest shall be determined from time to '^p^^"^®^
time by the Lieutenant Governor in Council.
10. — (1) Where a part of a parcel of land in respect of^*^®°|
which money has been lent under this Act is sold, the council fa^d with
of the municipality may apportion the special annual rate which money
between the part sold and the part remaining.
lent
(2) The clerk of the municipality shall give the owners Notice
of the parts into which the land is divided at least ten days
notice in writing by registered mail of the time and place
the council will make the apportionment.
(3) The council in making the apportionment shall have Apportion-
regard to the effect of the works on each part into which rate
the parcel of land is divided and such other matters as
it considers appropriate, and the decision of the council
with respect to the apportionment is final.
(4) The order of apportionment shall be filed with the filing of
clerk and thereafter the special annual rate shall be levied apportion-
and collected in accordance with the apportionment.
11. The owner of land in respect of which money has Difcharsre of
, , , i,TA, • ,• Indebtedness
been borrowed under this Act may at any time obtain a by owner
discharge of the indebtedness by paying to the treasurer
of the municipality the amount outstanding together with
accrued interest at the rate at which the funds were
borrowed and, where a debenture has been issued on behalf
of a municipality by a district, metropolitan or regional
municipality, the municipality shall pay forthwith to the
district, metropolitan or regional municipality, as the case
may be, the amount received from the owner.
Part II
BUILDING REPAIR LOANS
12. In this Part, "building repairs" means repairs toi°terpre-
u ij- ^ ^ 11 r , tation
a building or structure required by reason of damage to
the building or structure caused by high water levels of
or the impact of ice on a lake, river or other body of water
or by damage to or erosion of the shore of a lake, river or
other body of water caused by the elements.
100
bufidiig^ 13. Part I applies mutatis mutandis to building repairs,
repairs but no loan for building repairs shall exceed 90 per cent
of the total cost of the repairs or the maximum amount
prescribed by the regulations, whichever is the lesser.
Part III
GENERAL
Regruiations \ 4^ Xhe Lieutenant Governor in Council may make regula-
tions for the purposes of this Act, '
{a) prescribing forms and defining any word or ex-
pression not defined in this Act ;
[h) prescribing the maximum amount of loans for the
construction of works and for building repairs.
^ommence- 15. This Act comes into force on the day it receives Royal
Assent.
Short title XQ This Act may be cited as The Shoreline Property
Assistance Act, 1973.
100
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v:
BILL 100
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to provide Assistance for the Rehabilitation and
Protection of Property on or adjacent to Shorelines
The Hon. J. W. Snow
Minister of Government Services
TORONTO
Printed and Published by the Queen's Printer and Publisher
\
BILL 100 1973
An Act to provide Assistance for the
Rehabilitation and Protection of Property
on or adjacent to Shorelines
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, tnterpre-
tation
(a) "municipality" means a city, town, village or
township ;
(b) "prescribed" means prescribed by the regulations
made under this Act ;
(c) "works" means retaining walls, dykes, break-
waters, groynes, cribs and other structures designed
for the rehabilitation or protection, or both, of
property on the shores of lakes, rivers or other bodies
of water that have been damaged or eroded by the
elements, and includes repairs and improvements
to existing works.
Part I
REHABILITATION AND PROTECTION LOANS
2. — (1) Subject to sections 64 and 65 of The Ow/ano Borrowing
Municipal Board Act, the council of a municipality may, municipaii-
without the assent of the electors, pass by-laws in the
prescribed form authorizing the borrowing of money from f.fi?' ^^''''
the Treasurer of Ontario for the purpose of lending the
money for the construction of works and the issuance of
debentures in the prescribed form by the municipality or
by a district, metropolitan or regional municipality on its
behalf.
(2) Forthwith after the passing of a by-law under sub- Registration
section 1, the clerk of the municipality shall register a
100
duplicate original or a copy of it, certified under his hand
and the seal of the municipal corporation, in the land
registry office for the registry division in which the munici-
pality is situate or, if the municipality is partly within two
or more registry divisions, in each of them.
to^TvaUd*^ (3) Every by-law registered in accordance with subsection
where no^^ 2, uuless an application or action to quash the by-law is
to quash made or brought in a court of competent jurisdiction before
the by-law is registered, is valid and binding according to its
terms.
Application
by owner for
loan
Offer to (4) Where no application or action to quash the by-law
debentures has been made or brought before the by-law is registered or.
Province where an application or action has been made or brought
and is dismissed, a certified copy of the by-law shall be
deposited with the Treasurer of Ontario together with an
affidavit of the clerk of the municipality in the prescribed
form stating that no application or action to quash the
by-law has been made or brought or, if an application or
action has been made or brought, that it has been dismissed,
and the debentures authorized by the by-law may there-
after be offered for sale to the Province of Ontario.
3.— (1) An owner of land who is assessed as the owner
thereof in the municipality or, where at any time after
the return of the assessment roll and before the return of
the assessment roll in the following year, the land is con-
veyed to some other person, such other person may make
application to the council of the municipality in the pre-
scribed form to borrow money for the purpose of constructing
works on such land or, with the prior consent of the Crown,
on Crown land immediately adjacent to such land.
oncrown'^^^ (2) Where the money is borrowed to construct works on
lands Crown lands, it shall be deemed to be borrowed in respect
of the land of the owner who borrowed the money.
deciaraifion (^) ^^^ application shall not be acted upon unless it is
ofappiicant accompanied by a declaration of the applicant stating that
he is the actual owner of the land mentioned in the applica-
tion, and that the land is free from encumbrance, or if the
land or any part of it is mortgaged or otherwise encumbered,
stating the name and address of the mortgagee or encum-
brancer, and where it has been assigned, the name of the
assignee of the mortgage or encumbrance with his address.
(4) Where it appears that there is a mortgage or encum-
brance upon the land or any part of it, the application
shall not be disposed of until two weeks after the mortgagee,
encumbrancer or assignee has been notified of the application
by registered mail, sent to him by the clerk at his last
known address.
Notice to
encum-
brancer
100
(5) If a mortgagee, encumbrancer or assignee notifies the Objections
clerk in writing within the time specified in subsection 4 application
that he objects to the granting of the application, the
council shall afford him an opportunity to make representa-
tion to council.
(6) No person by reason of having borrowed money under ^^^^®^s of
this Act is disqualified from being elected as a member of disqualified
council or from sitting or voting therein, but no member
of council shall vote on any question affecting an applica-
tion for a loan in which he has an interest.
(7) The approval of any application under subsection 1 ^^Qfl'^^^cii^
in the discretion of the council whose decision is final and
written notice of the decision shall forthwith be given to
the applicant.
(8) No loan for the construction of works shall exceed ^1"^^^*"°°
on loans
90 per cent of the total cost of the works or a maximum
amount prescribed by the regulations, whichever is the lesser.
4. The council of a municipality borrowing money under ^^jPoi^'JJ'^^*
this Act shall employ a competent inspector to assess the
need for the construction of works, the type of works pro-
posed and the compatability of such works with adjacent
property and to inspect the works and he shall file with
the clerk an inspection and completion certificate in the
prescribed form, and the cost of such services by the in-
spector shall be charged against the works inspected and
shall be paid out of the money borrowed and deducted from
the amount loaned under section 7.
5. — (1) After the receipt of the inspection and completion ^^^^^^'^'^es
certificate, the council may issue a debenture payable to issued after
the Treasurer of Ontario with respect to the funds to be inspector's
loaned by the municipality, and, in the case of a municipality
within a district, metropolitan or regional municipality, the
council may request the district, metropolitan or regional
municipality to issue the debenture on its behalf.
(2) A municipahty, or a district, metropolitan or regional ^^'^^i^ipi'iigty
municipality on its behalf, shall not issue more than one more than
debenture in any month, the amount of which may combine debenture
amounts to be loaned by the municipality under this Act. p®^™°'^
(3) The amount of each debenture issued to the Treasurer Amount of
of Ontario shall be in the sum of $100 or any multiple
thereof and shall not exceed the amount of the loan or
loans with respect to which the debenture is issued.
100
rateslm ('*) ^^^ interest rates applicable to debentures, both
debentures before and after maturity, issued under this Act shall be
determined from time to time by the Lieutenant Governor
in Council.
debentures (^) ^^^ term of the debentures shall be for a period of
twenty years and shall be repayable by equal annual instal-
ments of principal and interest each due on the anniversary
date of the debenture.
Prepayment (5^ -pj^g debentures shall provide that the municipality
or district, metropolitan or regional municipality, as the
case may be, shall pay forthwith to the Treasurer of Ontario
any amount or amounts repaid under section 1 1 .
de1ten*tures (^^ Each debenture shall be dated the first day of the
month following the month in which it is delivered to the
Treasurer of Ontario.
Offer to
sell
(8) An application requesting the Treasurer of Ontario
to purchase a debenture shall be by way of an offer to sell
in the prescribed form and shall accompany the debenture
delivered to the Treasurer of Ontario.
Purchase q^ — (jj fhe Treasurer of Ontario may purchase, acquire
and hold debentures issued under the authority of this Act
and pay therefor out of the Consolidated Revenue Fund.
on^mount^of (^) ^^^ aggregate principal amount of the outstanding
debentures debentures purchased by the Treasurer of Ontario under this
Act shall not exceed $50,000,000 at any time.
Terms on
which
council
shall lend
money
7. The council shall lend the money so borrowed under
the authority of section 2 in sums of $100 or multiples
thereof for a term of twenty years at a rate of interest equal
to that set out in the debenture by which the funds are
borrowed.
Collection
of special
rate
R.S.0. 1970,
c.284
8. The council shall impose by by-law in the prescribed
form and, subject to section 11, shall levy and collect for
the term of twenty years, over and above all other rates,
upon the land in respect of which the money is lent, a special
equal annual rate sufficient to discharge in twenty years the
principal and interest of the money lent, and the special
rates imposed shall be deemed to be taxes, and the provisions
of The Municipal Act as to the collection and recovery of
taxes, and the proceedings that may be taken in default
thereof, apply.
100
9. — (1) The annual payment on any debenture for principal ]^®P*y"?®°^
and interest shall be remitted by the treasurer of the muni- gipaiity to
Province
cipality or district, metropolitan or regional municipality
to the Treasurer of Ontario on or before the due date.
(2) In the event of default in any such payment, interest 1°^®''®^'^
thereon shall accrue during the time of such default and default
the rate of such interest shall be determined from time to °^"^^"^®°
time by the Lieutenant Governor in Council.
10. — (1) Where a part of a parcel of land in respect of^*^^°^
which money has been lent under this Act is sold, the council lai"* with
of the municipality may apportion the special annual rate which money
between the part sold and the part remaining.
(2) The clerk of the municipality shall give the owners Notice
of the parts into which the land is divided at least ten days
notice in writing by registered mail of the time and place
the council will make the apportionment.
(3) The council in making the apportionment shall have Apportion-
regard to the effect of the works on each part into which rate
the parcel of land is divided and such other matters as
it considers appropriate, and the decision of the council
with respect to the apportionment is final.
(4) The order of apportionment shall be filed with theFiung^of
clerk and thereafter the special annual rate shall be levied apportion-
and collected in accordance with the apportionment.
1 1 . The owner of land in respect of which money has pif charare of
, , , i,i», . ,. Indebtedness
been borrowed under this Act may at any time obtain a by owner
discharge of the indebtedness by paying to the treasurer
of the municipality the amount outstanding together with
accrued interest at the rate at which the funds were
borrowed and, where a debenture has been issued on behalf
of a municipality by a district, metropolitan or regional
municipality, the municipality shall pay forthwith to the
district, metropolitan or regional municipality, as the case
may be, the amount received from the owner.
Part II
BUILDING REPAIR LOANS
12. In this Part, "building repairs" means repairs toi°t?rpre-
i- ij- ^ X • 1 , f , tation
a building or structure required by reason of damage to
the building or structure caused by high water levels of
or the impact of ice on a lake, river or other body of water
or by damage to or erosion of the shore of a lake, river or
other body of water caused by the elements.
100
Loans for
building
repairs
13. Part I applies mutatis mutandis to building repairs,
but no loan for building repairs shall exceed 90 per cent
of the total cost of the repairs or the maximum amount
prescribed by the regulations, whichever is the lesser.
Part III
GENERAL
Regulations j 4^ Xhe Lieutenant Governor in Council may make regula-
tions for the purposes of this Act, '
(a) prescribing forms and defining any word or ex-
pression not defined in this Act ;
(6) prescribing the maximum amount of loans for the
construction of works and for building repairs.
Commence-
ment
15. This Act comes into force on the day it receives Royal
Assent.
Short title
16. This Act may be cited as The Shoreline Property
Assistance Act, 1973.
100
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BILL 101 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to control the Storage and Supply
of personal Information for rating Purposes
The Hon. J. T. Clement
Minister of Consumer and Commercial Relations
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
The Bill regulates the giving of consumer reports and governs the
disclosure and review of the information. Information as to credit history
and as to character and health is included in the controls.
The main principles include the following :
1. Consumer reporting agencies are required to be registered.
2. Persons ordering consumer reports are required to notify the
consumer.
3. If a credit information results in adverse action, the creditor is
required to notify the consumer of the report.
4. The consumer may inspect all the information about him in the files
of any consumer reporting agency.
5. The consumer may have information corrected, through the
authority of a tribunal, if necessary.
6. The information that may be included in a consumer report is
restricted to maintain a standard of accuracy, recency and
corroboration.
101
BILL 101 1973
An Act to control the Storage and Supply
of personal Information for rating Purposes
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :
1. — (1) In this Act, Interpre-
^ ' ' tation
(a) "consumer" means a natural person but does not
include a person engaging in a transaction, other
than seeking employment, in the course of carrying
on business ;
(b) "consumer report" means a written, oral or other
communication by a consumer reporting agency of
credit information or personal information, or both,
pertaining to a consumer for consideration in
connection with a purpose set out in clause d of
subsection 1 of section 8;
(c) "consumer reporting agency" means a person who
for gain or profit furnishes consumer reports;
(d) "credit information" means information about a con-
sumer as to name, age, place of residence, previous
places of residence, marital status, spouse's name
and age, number of dependants, particulars of educa-
tion or professional qualifications, places of employ-
ment, previous places of employment, estimated
income, paying habits, outstanding debt obligations,
cost of living obligations and assets;
(e) "Director" means the Executive Director of the
Business Practices Division of the Ministry;
(/) "employment purposes" means the purposes of taking
into employment, granting promotion, reassigning
employment duties or retaining as an employee;
{g) "file", when used as a noun, means all of the
information pertaining to a consumer that is recorded
101
and retained by a consumer reporting agency,
regardless of the manner or form in which the
information is stored;
{h) "Minister" means the Minister of Consumer and
Commercial Relations;
(i) "person" means a natural person, an association of
natural persons, a partnership or a corporation ;
(j) "personal information" means information other
than credit information about a consumer's character,
reputation, health, physical or personal characteristics
or mode of living or about any other matter concern-
ing the consumer;
(k) "personal information investigator" means a person
who obtains or reports personal information to a
consumer reporting agency for hire or reward ;
(/) "Registrar" means the Registrar of Consumer Re-
porting Agencies;
(w) "regulations" means the regulations made under
this Act;
(n) "Tribunal" means The Commercial Registration
^•^jOi970, Appeal Tribunal under The Ministry of Consumer
and Commercial Relations Act.
ufwa1ve^°^^ (2) This Act applies notwithstanding any agreement or
waiver to the contrary.
Registrar 2. — (1) There shall be a Registrar of Consumer Reporting
Agencies who shall be appointed by the Lieutenant Governor
in Council.
Duties (2) The Registrar may exercise the powers and shall
perform the duties conferred or imposed upon him by or
under this Act under the supervision of the Director.
^e^stration 3^ Nq person shall conduct or act as a consumer reporting
agency or act as a personal information investigator unless
he is registered by the Registrar under this Act.
itegistration 4, — (1) An applicant is entitled to registration or renewal
of registration as a consumer reporting agency by the
Registrar except where,
101
(a) having regard to his financial position, the applicant
cannot reasonably be expected to be financially
responsible in the conduct of his business ; or
(b) the past conduct of the applicant affords reasonable
grounds for belief that he will not carry on business
in accordance with law and with integrity and
honesty; or
(c) the applicant is a corporation and,
(i) having regard to its financial position, it
cannot reasonably be expected to be financially
responsible in the conduct of its business, or
(ii) the past conduct of its officers or directors
affords reasonable grounds for belief that its
business will not be carried on in accordance
with law and with integrity and honesty ; or
(d) the applicant is carrying on activities that are,
or will be, if the applicant is registered, in con-
travention of this Act or the regulations.
(2) An applicant is entitled to registration or renewal of ^ee^is^^ration
registration as a personal information investigator by the investigators
Registrar except where the past conduct of the applicant
affords reasonable grounds for belief that he will not carry
out his duties in accordance with law and with integrity
and honesty.
(3) A registration is subject to such terms and conditions conditions
to give effect to the purposes of this Act as are consented registration
to by the applicant, imposed by the Tribunal or prescribed
by the regulations.
(4) A registration is not transferable. transferable
5. — (1) Subject to section 6, the Registrar may refuse toRefusaito
register an applicant where in the Registrar's opinion the"^^
applicant is disentitled to registration under section 4.
(2) Subject to section 6, the Registrar may refuse to renew Revocation
or may suspend or revoke a registration for any reason that to renew
would disentitle the registrant to registration under section
4 if he were an applicant, or where the registrant is in breach
of a term or condition of the registration.
6. — (1) Where the Registrar proposes to refuse to grant Notice^of^^
or renew a registration or proposes to suspend or revoke refuse or
101
Notice
requiring
hearing
a registration, he shall serve notice of his proposal, together
with written reasons therefor, on the applicant or registrant.
(2) A notice under subsection 1 shall inform the applicant
or registrant that he is entitled to a hearing by the Tribunal
if he mails or delivers, within fifteen days after the notice
under subsection 1 is served on him, notice in writing
requiring a hearing to the Registrar and the Tribunal, and
he may so require such a hearing.
Registrar (^) Where an applicant or registrant does not require a
where no hearing by the Tribunal in accordance with subsection 2,
the Registrar may carry out the proposal stated in his
notice under subsection 1 .
Powers of (4) Where an applicant or registrant requires a hearing
by the Tribunal in accordance with subsection 2, the Tribunal
shall appoint a time for and hold the hearing and, on the
application of the Registrar at the hearing, may by order
direct the Registrar to carry out his proposal or refrain
from carrying out his proposal and to take such action as
the Tribunal considers the Registrar ought to take in
accordance with this Act and the regulations, and for such
purposes the Tribunal may substitute its opinion for that
of the Registrar.
of order°°^ (5) The Tribunal may attach such terms and conditions to
its order or to the registration as it considers proper to give
effect to the purposes of this Act.
Parties
(6) The Registrar, the applicant or registrant who has
required the hearing and such other persons as the Tribunal
may specify are parties to proceedings before the Tribunal
under this section.
Voluntary
cancellation
(7) Notwithstanding subsection 1, the Registrar may
cancel a registration upon the request in writing of the
registrant in the prescribed form surrendering his registration.
Continuance
(8) Where, within the time prescribed therefor or, if no
time is prescribed, before expiry of his registration, a
registrant has applied for renewal of his registration and
paid the prescribed fee, his registration shall be deemed to
continue,
(a) until the renewal is granted ; or
{b) where he is served with notice that the Registrar
proposes to refuse to grant the renewal, until the
time for giving notice requiring a hearing has expired
101
i
and, where a hearing is required, until the Tribunal
has made its order.
(9) Notwithstanding that a registrant appeals from an effective
order of the Tribunal under section Se of The Ministry o/stay
Consumer and Commercial Relations Act, the order takes effect ^fia" ^^^^'
immediately, but the Tribunal may grant a stay until dis-
position of the appeal.
7. A further application for registration may be rnade ^^j^j^l^j^^^g
upon new or other evidence or where it is clear that material
circumstances have changed.
8. — (1) No consumer reporting agency and no officer orj^o^h^om^
employee thereof shall knowingly furnish any information be given
from the files of the consumer reporting agency except,
(a) in response to the order of a court having jursidiction
to issue such an order;
(b) in accordance with the written instructions of the
consumer to whom the information relates;
(c) in response to an order or direction made under
this Act; or
{d) in a consumer report given to a person who it has
reason to believe,
(i) intends to use the information in connection
with the extension of credit to or the collection
of a debt of the consumer to whom the
information pertains,
(ii) intends to use the information in connection
with the entering into or renewal of a tenancy
agreement,
(iii) intends to use the information for employment
purposes,
(iv) intends to use the information in connection
with the underwriting of insurance involving
the consumer,
(v) intends to use the information to determine
the consumer's eligibility for any matter under
a statute or regulation where the information
is relevant to the requirement prescribed by
law,
101
Idem
(vi) otherwise has a direct business need for the
information in connection with a business trans-
action involving the consumer.
(2) No person shall knowingly obtain any information
from the files of a consumer reporting agency respecting
a consumer except for the purposes referred to in sub-
section 1.
Information
as to
identities
Sale of
files
(3) Notwithstanding subsections 1 and 2, a consumer
reporting agency may furnish identifying information respect-
ing any consumer, limited to his name, address, former
addresses, places of employment, or former places of employ-
ment, to the Government of Ontario or of Canada or any
province thereof or of any agency of such government or the
government of any municipality in Canada or any agency
thereof or to any police officer acting in the course of his
duties, notwithstanding that such information is not to be
used for a purpose mentioned in clause d of subsection 1.
(4) A consumer reporting agency shall not sell, lease or
transfer title to its files or any of them except to another
consumer reporting agency registered under this Act.
o/agincfll ®* — (^) Every consumer reporting agency shall adopt all
procedures reasonable for ensuring the greatest possible
Information
included in
consumer
report
accuracy and fairness in the contents of its consumer reports.
(2) A consumer reporting agency shall not report,
{a) any information that is not stored in a form capable
of being produced under section 1 1 ;
{h) any information that is not extracted from informa-
tion appearing in files stored or collected in a repository
located in Canada regardless of whether or not the
information was obtained from a source outside
Canada.
Idem
(3) A consumer reporting agency shall not include in a
consumer report.
(a) any credit information based on evidence that is
not the best evidence reasonably available ;
(b) any unfavourable personal information unless it has
made reasonable efforts to corroborate the evidence
on which the personal information is based, and the
lack of corroboration is noted with and accompanies
the information;
101
(c) information as to judgments after seven years after
the judgment was given, unless the creditor or his
agent confirms that it remains unpaid in whole or in
part, and such confirmation appears in the file, or
information in respect of a judgment fully paid;
(d) information as to any judgment against the consumer
unless mention is made of the name and, where
available, the address of the judgment creditor as
given at the date of entry of the judgment and the
amount ;
(e) information as to the bankruptcy of the consumer
after seven years from the date of the discharge
except where the consumer has been bankrupt more
than once;
(/) information regarding any judgments, collections
or debts that are statute barred unless it is accom-
panied by evidence appearing in the file that recovery
is not barred by the expiration of a limitation period ;
{g) information as to the payment or non-payment of
taxes or lawfully imposed fines after seven years;
(h) information as to convictions for crimes, after seven
years from the date of conviction or, where the con-
viction resulted in imprisonment, from the date of
release or parole, provided information as to con-
victions for crimes shall not be reported if at any
time it is learned that after a conviction a full pardon
has been granted;
{i) information regarding writs that are more than seven
years old or writs that were issued against the con-
sumer more than twelve months prior to the making
of the report unless the consumer reporting agency
has ascertained the current status of the action and
has a record of this on file;
{j) information regarding any criminal charges against
the consumer where the charges have been dismissed,
set aside or not proceeded with;
(k) any other adverse item of information that is more
than seven years old unless it is voluntarily supplied
by the consumer to the consumer reporting agency;
(/) information as to race, creed, colour, ancestry, ethnic
origin, or political affiliation ; or
101
8
{m) any information given orally in the consumer report
unless the content of the oral report is recorded in the
file;
of flkss^"*^'^^ (4) Every consumer reporting agency shall maintain in its
file respecting a person all the material and information of
which the person is entitled to disclosure under section 11.
Disclosure
of report
on request
10. — (1) Every person shall, where requested by a con-
sumer in writing or personally, inform the consumer whether
or not a consumer report respecting him has been or is to be
referred to in connection with any specified transaction or
matter in which such person is engaged, and, if so, of the
name and address of the consumer reporting agency supplying
the report.
Notice of
intention
to procure
consumer
report
(2) No person shall procure from a consumer reporting
agency or cause it to prepare a consumer report containing
personal information respecting a consumer unless he notifies
the consumer of the fact in writing before the report is
requested and, where the consumer so requests in writing
or personally, he shall inform the consumer of the name and
address of the consumer reporting agency supplying the report.
Idem
(3) Where a person proposes to extend credit to a consumer
and a consumer report containing credit information only is
being or is to be referred to in connection with the trans-
action, he shall give notice of the fact to the consumer
in writing at the time of the application for credit, or if the
application is made orally, orally at the time of the application
for credit.
Assignee
as creditor
(4) Where, before extending credit, the proposed creditor
obtains the acceptance or refusal of an assignment or
proposed assignment of the credit transaction by an assignee
or proposed assignee, subsection 3 applies to the assignee
or proposed assignee in the same manner as to the person
proposing to extend credit.
Notice of
passing on
credit
information
(5) No person extending credit to a consumer shall divulge
to other credit grantors or to a consumer reporting agency
any information as to transactions or experiences between
himself and the consumer except with the consent of the
consumer or on his referral, unless he notifies the consumer
in writing at the time of the application for credit that he
intends to do so.
Form of
notice
(6) Any notice referred to in this section shall be clearly
set forth in bold type not less than ten point in size.
101
(7) Where a benefit is denied to a consumer or a charge ^(ftTSrf^
to a consumer is increased either wholly or partly because
of information received from a consumer reporting agency or
a person other than a consumer reporting agency, the user of
such information shall deliver to the consumer at the time such
action is communicated to the consumer notice of the fact
and, upon the request of the consumer made within sixty
days after such notice, shall inform the consumer,
(a) of the nature of the information where the informa-
tion is furnished by a person other than a consumer
reporting agency; or
(b) of the name and address of the consumer reporting
agency, where the information is furnished by a con-
sumer reporting agency,
and the notice required to be given by the user under this
subsection shall contain notice of the consumer's right to
request the information referred to in clauses a and b and
the time limited therefor.
11. — (1) Every consumer reporting agency shall, at the R'^sfii*' of ,
^ ' -^ 1 T • 11- consumer to
written request of a consumer and durmg normal busmess disclosure
hours clearly and accurately disclose to the consumer, without
charge,
{a) the nature and substance of all information in its
files pertaining to the consumer at the time of the
request ;
{b) the sources of credit information ;
(c) the names of the recipients of any consumer report
pertaining to the consumer that it has furnished,
containing,
(i) personal information, within the one year
period preceding the request, and
(ii) credit information, within the six month
p)eriod preceding the request ;
{d) copies of any written consumer report pertaining to
the consumer made to any other person or, where the
report was oral, particulars of the content of such oral
report, furnished,
(i) where the report contains personal informa-
tion, within the one year period preceding the
request, and
101
10
(ii) where the report contains credit informa-
tion, within the six month period preceding
the request,
and shall inform the consumer of his right to protest any
information contained in the file under sections 12 and 13
and the manner in which a protest may be made.
Exception for
certain
medical
information
(2) A consumer reporting agency shall withhold from the
disclosures required by subsection 1 any medical information
obtained with the written consent of the consumer from the
consumer's own physician and which the physician has speci-
fically requested in writing be withheld from the consumer
in his own best interest.
dischjsure (^) ^^^ disclosures required under this section shall be made
to the consumer,
{a) in person if he appears in person and furnishes proper
identification ;
(b) by telephone if he has made a written request, with
sufficient identification, for telephone disclosure and
the toll charge, if any, for the telephone call is pre-
paid by or charged directly to the consumer.
Idem
(4) Every consumer reporting agency shall provide trained
personnel to explain to the consumer any information fur-
nished to him under this section.
cons^umers (5) The cousumer shall be permitted to be accompanied by
one other person of his choosing to whom the consumer report-
ing agency may be required by the consumer to disclose his
file.
Abstract
(6) The consumer reporting agency shall permit the con-
sumer to whom information is disclosed under this section to
make an abstract thereof.
Identification
(7) A consumer reporting agency shall require reasonable
identification of the consumer and a person accompanying
him before making disclosures under this section.
No
conditions
(8) A consumer reporting agency shall not require a con-
sumer to give any undertaking or waive or release any right
as a condition precedent to his access to his file under this
section.
Correction
of errors
12. — (1) Where a consumer disputes the accuracy or com-
pleteness of any item of information contained in his file,
the consumer reporting agency within a reasonable time shall
101
11
use its best endeavours to confirm or complete the informa-
tion and shall correct, supplement or delete the information
in accordance with good practice.
(2) Where a consumer reporting agency corrects, supple- wem
ments or deletes information under subsection 1 , the consumer
reporting agency shall furnish notification of the correction,
supplement or deletion to,
(a) all persons who have been supplied with a consumer
report based on the unamended file within sixty
days before the correction, supplement or deletion is
made; and
(b) the persons specifically designated by the consumer
from among those who have been supplied with a con-
sumer report based on the unamended file,
(i) where the report contains personal informa-
tion, within the one year period preceding
the correction, supplement or deletion, and
(ii) where the report contains credit informa-
ation, within the six month period preceding
the correction, supplement or deletion.
13. — (1) The Registrar may order a consumer reporting o^^^^b^y^
agency to amend or delete any information, or by order re ^^^^^
restrict or prohibit the use of any information, that in his
opinion is inaccurate or incomplete or that does not comply
with the provisions of this Act or the regulations.
(2) The Registrar may order a consumer reporting agency ^°^°^'^®'"®°*
to furnish notification to any person who has received a
consumer report of any amendments, deletions, restrictions
or prohibitions imposed by the Registrar.
(3) Where the consumer or consumer reporting agency "earing^by
considers himself aggrieved by a decision of the Registrar
under this section, he may apply to the Tribunal for a hearing
and section 6 applies, mutatis mutandis, to the decision in the
same manner as to a proposal by the Registrar under section 6
and as if the consumer and the consumer reporting agency
each were an applicant or registrant, except that an order
of the Registrar may be issued and take effect immediately,
but the Tribunal may grant a stay until the order becomes
final.
(4) At a hearing before the Tribunal for the purposes ofo/sciosm-e
subsection 3, the Tribunal may require the consumer report-
ing agency to disclose the source of any information contained
in its files.
101
12
materiaf l"** Every consumer reporting agency shall, within five
changes days after the event, notify the Registrar in writing of,
{a) any change in its address for service ;
(b) any change in the officers in the case of a cor-
poration or of the members in the case of a partner-
ship; and
(c) any commencement or termination of employment of
a personal information investigator.
Investigation ^5^ — (J) Where the Registrar receives a written complaint
complaints in respect of a consumer reporting agency and so directs in
writing, the consumer reporting agency shall furnish the
Registrar with such information respecting the matter com-
plained of as the Registrar requires.
Idem ^2) The direction under subsection 1 shall indicate the -
nature of the inquiry involved.
^'*®™ (3) For the purposes of subsection 1, the Registrar or
any person designated in writing by him may on notice
at any reasonable time enter upon the business premises
of the consumer reporting agency to make an inspection
in relation to the complaint.
on^orde^**^°" ^^* ^^^ Minister may by order appoint a person to make an
of Minister investigation into any matter to which this Act applies as
may be specified in the Minister's order and the person
appointed shall report the result of his investigation to the
Minister, and for the purposes of the investigation, the person
making it has the powers of a commission under Part II of
1971,0.49 xhe Public Inquiries Act, 1971, which Part applies to such
investigation as if it were an inquiry under the Act.
by^Dire%or°° ^'^ ' — (1) Where, upou a statement made under oath, the
Director believes on reasonable and probable grounds that
any person has,
(o)) contravened any of the provisions of this Act or the
regulations ; or
R.aai97o, ^jj committed an offence under the Criminal Code
(Canada) or under the law of any jurisdiction that
is relevant to his fitness for registration under this
Act,
the Director may by order appoint one or more persons to
make an investigation to ascertain whether such a contra-
vention of the Act or regulation or the commission of such
an offence has occurred and the person appointed shall
report the result of his investigation to the Director.
101
13
(2) For purposes relevant to the subject-matter of anf°''®^?°^
investigation under this section and, notwithstanding section
8, the person appointed to make the investigation may
inquire into and examine the affairs of the person in respect
of whom the investigation is being made and may,
(a) upon production of his appointment, enter at any
reasonable time the business premises of such person
and examine books, papers, documents, consumer
files and things relevant to the subject-matter of the
investigation; and
(6) inquire into negotiations, transactions, loans, bor-
rowings made by or on behalf of or in relation to
such person and into property, assets or things
owned, acquired or alienated in whole or in part by
him or any person acting on his behalf that are
relevant to the subject-matter of the investigation,
and for the purposes of the inquiry, the person making the
investigation has the powers of a commission under Part II of
The Public Inquiries Act, 1971, which Part applies to such i^"^!' c- 49
inquiry as if it were an inquiry under that Act.
(3) No person shall obstruct a person appointed to make ot)8truction
an investigation under this section or withhold from him or investigator
conceal or destroy any books, papers, documents or things
relevant to the subject-matter of the investigation.
(4) Where a provincial judge is satisfied, upon an ex Parte'^^^^^^^^
application by the person making an investigation under this
section, that the investigation has been ordered and that such
person has been appointed to make it and that there is
reasonable ground for believing there are in any building,
dwelling, receptacle or place any books, papers, documents or
things relating to the person whose affairs are being
investigated and to the subject-matter of the investigation,
the provincial judge may, whether or not an inspection has
been made or attempted under clause a of subsection 2,
issue an order authorizing the person making the investigation,
together with such police officer or officers as he calls upon to
assist him, to enter and search, if necessary by force, such
building, dwelling, receptacle or place for such books, papers,
documents or things and to examine them, but every such
entry and search shall be made between sunrise and sunset
unless the provincial judge, by the order, authorizes the person
making the investigation to make the search at night.
(5) Any person making an investigation under this section ?®'^°^H °^
may, upon giving a receipt therefor, remove any books,
papers, documents or things examined under clause a of
subsection 2 or subsection 4 relating to the person whose
101
14
Certified
copies
affairs are being investigated and to the subject-matter
of the investigation for the purpose of making copies of
such books, papers or documents, but such copying shall be
carried out with reasonable dispatch and the books, papers or
documents in question shall be promptly thereafter returned
to the person whose affairs are being investigated.
(6) Any copy made as provided in subsection 5 and certified
to be a true copy by the person making the investigation is
admissible in evidence in any action, proceeding or prosecution
d& prima facie proof of the original book, paper or document and
its contents.
Appointment
of expert
(7) The Minister or Director may appoint any expert
to examine books, papers, documents or things examined
under clause a of subsection 2 or under subsection 4.
confidential 1^* — (^) Every person employed in the administration of
this Act, including any person making an inquiry, inspection
or an investigation under section 15, 16 or 17 shall preserve
secrecy in respect of all matters that come to his knowledge
in the course of his duties, employment, inquiry, inspection or
investigation and shall not communicate any such matters to
any other person except,
{a) as may be required in connection with the administra-
tion of this Act and the regulations or any proceedings
under this Act or the regulations ; or
(6) to his counsel ; or
(c) with the consent of the person to whom the information
relates.
Testimony
in civil
suit
(2) No person to whom subsection 1 applies shall be
required to give testimony in any civil suit or proceeding
with regard to information obtained by him in the course of
his duties, employment, inquiry, inspection or investigation
except in a proceeding under this Act or the regulations.
Service
Idem
10. — (1) Any notice or order required to be given, de-
livered or served under this Act or the regulations is suffi-
ciently given, delivered or served if delivered personally or
sent by registered mail addressed to the person to whom
delivery or service is required to be made at his last-known
address except that a notice under section 10, 12 or 14 is
sufficiently given if sent by ordinary mail.
(2) Where service is made by mail, the service shall be
deemed to be made on the third day after the day of mail-
101
15
ing unless the person on whom service is being made
establishes that he did not, acting in good faith, through
absence, accident, illness or other cause beyond his control
receive the notice or order until a later date.
20. — (1) Where it appears to the Director that any person Restraining
does not comply with any provision of this Act, the regulations
or an order made under this Act, notwithstanding the
imposition of any penalty in respect of such non-compliance
and in addition to any other rights he may have, the
Director may apply to a judge of the High Court for an
order directing such person to comply with such provision,
and upon the application, the judge may make such order or
such other order as the judge thinks fit.
(2) An appeal lies to the Supreme Court from an order made Appeal
under subsection 1 .
21. No person shall knowingly supply false or misleading ^^^e^^^^^^
information to another who is engaged in making a consumer
report.
22. — (1) Every person who, offences
(a) knowingly, furnishes false information in any appli-
cation under this Act or in any statement or return
required to be furnished under this Act or the
regulations ;
(6) fails to comply with any order, direction or other
requirement made under this Act ; or
(c) contravenes any provision of this Act or the
regulations,
and every director or officer of a corporation who knowingly
concurs in such furnishing, failure or contravention is guilty of
an offence and on summary conviction is liable to a fine of not
more than $2,000 or to imprisonment for a term of not more
than one year, or to both.
(2) Where a corporation is convicted of an offence under corporations
subsection 1, the maximum penalty that may be imposed
upon the corporation is $25,000 and not as provided therein.
(3) No proceeding under clause a of subsection 1 shall be ^-'^'^^tation
commenced more than one year after the facts upon which the
proceeding is based first came to the knowledge of the
Director.
101
16
Idem
Certificate
as evidence
Proof of
Minister's
signature
(4) No proceeding under clause b or c oi subsection 1 shall
be commenced more than two years after the time when
the subject-matter of the proceeding arose.
23. — (1) A statement as to,
(a) the registration or non-registration of any person ;
(6) the filing or non-filing of any document or material
required or permitted to be filed with the Registrar;
(c) the time when the facts upon which proceedings are
based first came to the knowledge of the Director ; or
(d) any other matter pertaining to such registration,
non-registration, filing or non-filing,
purporting to be certified by the Director is, without proof
of the office or signature of the Director, receivable in evidence
as prima facie proof of the facts stated therein for all purposes
in any action, proceeding or prosecution.
(2) Any document under this Act purporting to be signed
by the Minister, or any certified copy thereof, is receivable
in evidence in any action, prosecution or other proceeding as
prima facie proof that the document is signed by the Minister
without proof of the office or signature of the Minister.
Regulations 24. The Lieutenant Governor in Council may make
regulations,
(a) exempting any class of persons from this Act or the
regulations or any provision thereof ;
{b) governing applications for registration or renewal of
registration and prescribing terms and conditions of
registration ;
(c) requiring the payment of fees on application for
registration or renewal of registration, and prescribing
the amounts thereof ;
{d) requiring registered consumer reporting agencies to
be bonded in such form and terms and with such
collateral security as are prescribed, and providing
for the forfeiture of bonds and the disposition of the
proceeds ;
(e) prescribing further procedures respecting the con-
duct of matters coming before the Tribunal ;
101
17
(/) requiring and governing the books, accounts and
records that shall be kept by consumer reporting
agencies ;
(g) prescribing information that may not be reported
by a consumer reporting agency or contained in its
files;
{h) prescribing information that must be contained in a
consumer report ;
(i) requiring consumer reporting agencies to make returns
and furnish information to the Registrar ;
(j) prescribing forms for the purposes of this Act and
providing for their use ;
(k) requiring any information required to be furnished or
contained in any form or return to be verified by
affidavit.
26. — (1) Notwithstanding any provision of this Act, a ^j^l^j^^^.^^®
consumer reporting agency is not required to disclose the before Act
source of any information acquired before this Act comes into
force.
(2) This section is repealed on the 1st day of July, 1974. ^c^fon"^
26. This Act comes into force on a day to be named by^Og^^®'^^®"
the Lieutenant Governor by his proclamation.
27. This Act may be cited as The Consumer Reporting^^°^^^^^^
Act, 1973.
101
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O 3
BILL 101 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II. 1973
An Act to control the Storage and Supply
of personal Information for rating Purposes
The Hon. J. T. Clement
Minister of Consumer and Commercial Relations
{Reprinted as amended by the Administration of Justice Committee)
TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario
Explanatory Note
The Bill regulates the giving of consumer reports and governs the
disclosure and review of the information. Information as to credit history
and as to character and health is included in the controls.
The main principles include the following :
1. Consumer reporting agencies are required to be registered.
2. Persons ordering consumer reports are required to notify the
consumer.
3. If a credit information results in adverse action, the creditor is
required to notify the consumer of the report.
4. The consumer may inspect all the information about him in the files
of any consumer reporting agency.
5. The consumer may have information corrected, through the
authority of a tribunal, if necessary.
6. The information that may be included in a consumer report is
restricted to maintain a standard of accuracy, recency and
corroboration.
101
»
BILL 101 1973
An Act to control the Storage and Supply
of personal Information for rating Purposes
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :
1. — (1) In this Act, Interpre-
^ ' ' tatlon
{a) "consumer" means a natural person but does not
include a person engaging in a transaction, other
than relating to employment, in the course of carry-
ing on a business, trade or profession;
(b) "consumer report" means a written, oral or other
communication by a consumer reporting agency of
credit information or personal information, or both,
pertaining to a consumer for consideration in
connection with a purpose set out in clause d of
subsection 1 of section 8;
(c) "consumer reporting agency" means a person who
for gain or profit or on a regular co-operative non-
profit basis furnishes consumer reports ; "^H
"credit information" means information about a con-
sumer as to name, age, occupation, place of residence,
previous places of residence, marital status, spouse's
name and age, number of dependants, particulars of
education or professional qualifications, places of em-
ployment, previous places of employment, estimated
income, paying habits, outstanding debt obligations,
cost of living obligations and assets;
(e) "Director" means the Executive Director of the
Business Practices Division of the Ministry ;
(/) "employment purposes" means the purposes of taking
into employment, granting promotion, reassigning
employment duties or retaining as an employee;
101
(g) "file", when used as a noun, means all of the
information pertaining to a consumer that is recorded
and retained by a consumer reporting agency,
regardless of the manner or form in which the
information is stored;
{h) "Minister" means the Minister of Consumer and
Commercial Relations;
(i) "person" means a natural person, an association of
natural persons, a partnership or a corporation ;
(j) "personal information" means information other
than credit information about a consumer's character,
reputation, health, physical or personal characteristics
or mode of living or about any other matter concern-
ing the consumer;
(k) "personal information investigator" means a person
who obtains or reports personal information to a
consumer reporting agency for hire or reward ;
{I) "Registrar" means the Registrar of Consumer Re-
porting Agencies;
(w) "regulations" means the regulations made under
this Act ;
(w) "Tribunal" means The Commercial Registration
R.S.O.1970, Appeal Tribunal under The Ministry of Consumer
and Commercial Relations Act.
Agreements (2) This Act applies notwithstanding any agreement or
waiver to the contrary.
Regristrar 2. — (1) There shall be a Registrar of Consumer Reporting
Agencies who shall be appointed by the Lieutenant Governor
in Council.
Duties (2) The Registrar may exercise the powers and shall
perform the duties conferred or imposed upon him by or
under this Act under the supervision of the Director.
Registration 3, No person shall conduct or act as a consumer reporting
agency or act as a personal information investigator unless
he is registered by the Registrar under this Act.
Registration 4. — (1) An applicant is entitled to registration or renewal
ofagencies ^^ registration as a consumer reporting agency by the
Registrar except where,
101
{a) having regard to his financial position, the applicant
cannot reasonably be expected to be financially
responsible in the conduct of his business ; or
{b) the past conduct of the applicant affords reasonable
grounds for belief that he will not carry on business
in accordance with law and with integrity and
honesty; or
(c) the applicant is a corporation and,
(i) having regard to its financial position, it
cannot reasonably be expected to be financially
responsible in the conduct of its business, or
(ii) the past conduct of its officers or directors
affords reasonable grounds for belief that its
business will not be carried on in accordance
with law and with integrity and honesty ; or
{d) the applicant is carrying on activities that are,
or will be, if the applicant is registered, in con-
travention of this Act or the regulations.
(2) An applicant is entitled to registration or renewal of ^^^^^^^''^^io^
registration as a personal information investigator by the investigators
Registrar except where the past conduct of the applicant
affords reasonable grounds for belief that he will not carry
out his duties in accordance with law and with integrity
and honesty.
(3) A registration is subject to such terms and conditions conditions
to give effect to the purposes of this Act as are imposed byl registration
the Tribunal or prescribed by the regulations. I
•
(4) A registration is not transferable. f°^ , ^,
^ ' <-' transferable
6. — (1) Subject to section 6, the Registrar may refuse toRefusaito
register an applicant where in the Registrar's opinion the'^***
applicant is disentitled to registration under section 4.
(2) Subiect to section 6, the Registrar may refuse to renew Revocation
^ ' ' . ' . ° . . ■^ , , ^ and refusal
or may suspend or revoke a registration for any reason that to renew
would disentitle the registrant to registration under section
4 if he were an applicant, or where the registrant is in breach
of a term or condition of the registration.
6. — (1) Where the Registrar proposes to refuse to grant Notice of
.^^.° r r o proposal to
or renew a registration or proposes to suspend or revoke refuse or
r6 V o klq
101
Notice
requiring
hearing
a registration, he shall serve notice of his proposal, together
with written reasons therefor, on the applicant or registrant.
(2) A notice under subsection 1 shall inform the applicant
or registrant that he is entitled to a hearing by the Tribunal
if he mails or delivers, within fifteen days after the notice
under subsection 1 is served on him, notice in writing
requiring a hearing to the Registrar and the Tribunal, and
he may so require such a hearing.
Re'iBtrar (^) Where an applicant or registrant does not require a
where no heariner by the Tribunal in accordance with subsection 2,
the Registrar may carry out the proposal stated in his
notice under subsection 1.
Powers of (4) Where an applicant or registrant requires a hearing
by the Tribunal in accordance with subsection 2, the Tribunal
shall appoint a time for and hold the hearing and, on the
application of the Registrar at the hearing, may by order
direct the Registrar to carry out his proposal or refrain
from carrying out his proposal and to take such action as
the Tribunal considers the Registrar ought to take in
accordance with this Act and the regulations, and for such
purposes the Tribunal may substitute its opinion for that
of the Registrar.
Conditions (5) Xhe Tribunal may attach such terms and conditions to
of order , ^ ' , y . . . ,
its order or to the registration as it considers proper to give
effect to the purposes of this Act.
Parties
t
Voluntary
cancellation
(6) The Registrar, the applicant or registrant who has
required the hearing and such other persons as the Tribunal
may specify are parties to proceedings before the Tribunal
under this section.
(7) Notwithstanding subsection 1, the Registrar may
cancel a registration upon the request in writing of the
registrant in the prescribed form surrendering his registration.
Continuance
pending
renewal
(8) Where, within the time prescribed therefor or, if no
time is prescribed, before expiry of his registration, a
registrant has applied for renewal of his registration and
paid the prescribed fee, his registration shall be deemed to
continue,
{a) until the renewal is granted ; or
{b) where he is served with notice that the Registrar
proposes to refuse to grant the renewal, until the
time for giving notice requiring a hearing has expired
101
and, where a hearing is required, until the Tribunal
has made its order.
(9) Notwithstanding that a registrant appeals from an effective,
order of the Tribunal under section Se of The Ministry o/stay
Consumer and Commercial Relations Act, the order takes effect ^fia' ^^^'
immediately, but the Tribunal may grant a stay until dis-
position of the appeal.
7. A further application for registration may be niade ^J^j^l^^^j^g
upon new or other evidence or where it is clear that material
circumstances have changed.
8. — (1) No consumer reporting agency and no officer or Jo whom ^
employee thereof shall knowingly furnish any information be given
from the files of the consumer reporting agency except,
{a) in response to the order of a court having jursidiction
to issue such an order;
{b) in accordance with the written instructions of the
consumer to whom the information relates;
(c) in response to an order or direction made under
this Act; or
{d) in a consumer report given to a person who it has
reason to believe,
(i) intends to use the information in connection
with the extension of credit to or the purchase
or collection of a debt of the consumer to whom
the information pertains,
(ii) intends to use the information in connection
with the entering into or renewal of a tenancy
agreement,
(iii) intends to use the information for employment
purposes,
(iv) intends to use the information in connection
with the underwriting of insurance involving
the consumer,
(v) intends to use the information to determine
the consumer's eligibility for any matter under
a statute or regulation where the information
is relevant to the requirement prescribed by
law,
101
Idem
(vi) otherwise has a direct business need for the
information in connection with a business or
credit transaction involving the consumer, or
(vii) intends to use the information for the purpose
of up-dating the information in a consumer
report previously given to him for one of the
reasons referred to in subclauses i to vi"l|P8
(2) No person shall knowingly obtain any information
from the files of a consumer reporting agency respecting
a consumer except for the purposes referred to in sub-
section 1.
Information
as to
identities
Sale of
files
(3) Notwithstanding subsections 1 and 2, a consumer
reporting agency may furnish identifying information respect-
ing any consumer, limited to his name, address, former
addresses, places of employment, or former places of employ-
ment, to the Government of Ontario or of Canada or any
province thereof or of any agency of such government or the
government of any municipality in Canada or any agency
thereof or to any police officer acting in the course of his
duties, notwithstanding that such information is not to be
used for a purpose mentioned in clause d of subsection 1.
(4) No person who is or has been ■ registered as a consumer
reporting agency shall sell, lease or transfer title to its files
or any of them except to a consumer reporting agency regis-
tered under this Act.
ofaglncfis ®* — (^) Every consumer reporting agency shall adopt all
procedures reasonable for ensuring accuracy and fairness in
the contents of its consumer reports.
Information
included in
consumer
report
Idem
(2) A consumer reporting agency shall not report,
{a) any information that is not stored in a form capable
of being produced under section 1 1 ;
{b) any information that is not extracted from informa-
tion appearing in files stored or collected in a repository
located in Canada regardless of whether or not the
information was obtained from a source outside
Canada, except where the consumer report is in
writing and contains the substancx' of any prior
information orally ac(jiiired that conforms to the
requirements of this Act!
(3) A consumer reporting agency shall not include in a
consumer report,
{a) any credit information based on evidence that is 1
not the best evidence reasonably available ;
101
(b) any unfavourable personal information unless it has
made reasonable efforts to corroborate the evidence
on which the personal information is based, and the
lack of corroboration is noted with and accompanies
the information;
(c) information as to judgments after seven years after
the judgment was given, unless the creditor or his
agent confirms that it remains unpaid in whole or in
part, and such confirmation appears in the file; I
(d) information as to any judgment against the consumer
unless mention is made of the name and, where
available, the address of the judgment creditor or
his agent as given at the date of entry of the
judgment and the amount;
{e) information as to the bankruptcy of the consumer
after seven years from the date of the discharge
except where the consumer has been bankrupt more
than once;
(/) information regarding any judgments, collections
or debts that on their face are statute barred unless
it is accompanied by evidence appearing in the file
that recovery is not barred by the expiration of a
limitation period;
{g) information as to the payment or non-payment of
taxes or lawfully imposed fines after seven years;
(h) information as to convictions for crimes, after seven
years from the date of conviction or, where the con-
viction resulted in imprisonment, from the date of
release or parole, provided information as to con-
victions for crimes shall not be reported if at any
time it is learned that after a conviction an absolute
discharge or a full pardon has been granted ;
(i) information regarding writs that are more than seven
years old or writs that were issued against the con-
sumer more than twelve months prior to the making
of the report unless the consumer reporting agency
has ascertained the current status of the action and
has a record of this on file;
(j) information regarding any criminal charges against
the consumer where the charges have been dismissed,
set aside or withdrawn ;
{k) any other adverse item of information where more
than seven years have expired since the information
was acquired or last reaffirnu-d ;
(l) information as to race, creed, colour, sex, ancestry,
ethnic origin, or political affiliation ; or
101
8
{m) any information given orally in the consumer report
unless the content of the oral report is recorded in the
me;
M^j^tenance (4) Every consumer reporting agency shall maintain in its
file respecting a person all the material and information of
which the person is entitled to disclosure under section 11.
Disclosure
of report
on request
10.— (1) Every person shall, where requested by a con-
sumer in writing or personally, inform the consumer whether
or not a consumer report respecting him has been or is to be
referred to in connection with any specified transaction or
matter in which such person is engaged, and, if so, of the
name and address of the consumer reporting agency supplying
the report.
Notice of
intention
to procure
consumer
report
(2) No person shall procure from a consumer reporting
agency or cause it to prepare a consumer report containing
personal information respecting a consumer unless he notifies
the consumer of the fact in writing before the report is
requested and, where the consumer so requests in writing
or personally, he shall inform the consumer of the name and
address of the consumer reporting agency supplying the report.
Idem
(3) Where a person proposes to extend credit to a consumer
and a consumer report containing credit information only is
being or may be referred to in connection with the trans-
action, he shall give notice of the fact to the consumer
in writing at the time of the application for credit, or if the
application is made orally, orally at the time of the application
for credit.
Assignee
as creditor
(4) Where, before extending credit, the proposed creditor
obtains the acceptance or refusal of an assignment or
proposed assignment of the credit transaction by an assignee
or proposed assignee, subsection 3 applies to the assignee
or proposed assignee in the same manner as to the person
proposing to extend credit, but the giving of a notice under
subsection 3 by a person proposing to extend credit or under
this subsection by his assignee or proposed assignee sliall be
deemed to be sufficient notice by both.
Form of
notice
(5) Any notice referred to in this section shall be clearly
set forth in bold type or underlined and in letters not less
than ten point in size.
Adverse
action
(6) Where a benefit is denied to a consumer or a charge
to a consumer is increased either wholly or partly because
of information received from a consumer reporting agency or
101
9
a person other than a consumer reporting agency, the user of
such information shall deliver to the consumer at the time such
action is communicated to the consumer notice of the fact
and, upon the request of the consumer made within sixty
days after such notice, shall inform the consumer,
{a) of the nature and source of the information where the
information is furnished by a person other than a
consumer reporting agency; or
{b) of the name and address of the consumer reporting
agency, where the information is furnished by a con-
sumer reporting agency,
and the notice required to be given by the user under this
subsection shall contain notice of the consumer's right to
request the information referred to in clauses a and b and
the time limited therefor.
11. — (1) Every consumer reporting agency shall, at the ^^j^^^j^^gj. ^.^
written request of a consumer and during normal business disclosure
hours clearly and accurately disclose to the consumer, without
charge,
(a) the nature and substance of all information in its
files pertaining to the consumer at the time of the
request ;
(b) the sources of credit information ;
(c) the names of the recipients of any consumer report
pertaining to the consumer that it has furnished,
containing,
(i) personal information, within the one year
period preceding the request, and
(ii) credit information, within the six month
period preceding the request;
{d) copies of any written consumer report pertaining to
the consumer made to any other person or, where the
report was oral, particulars of the content of such oral
report, furnished,
(i) where the report contains personal informa-
tion, within the one year period preceding the
request, and
101
10
(ii) where the report contains credit informa-
tion, within the six month period preceding
the request,
and shall inform the consumer of his right to protest any
information contained in the file under sections 12 and 13
and the manner in which a protest may be made.
Exception for
certain
medical
information
(2) A consumer reporting agency shall withhold from the
disclosures required by subsection 1 any medical information
obtained with the written consent of the consumer which
the consumer's own physician has specifically requested in
writing be withheld from the consumer in his own best interest.
diSsu?e (^) The disclosures required under this section shall be made
to the consumer,
(a) in person if he appears in person and furnishes proper
identification ;
(b) by telephone if he has made a written request, with
sufficient identification, for telephone disclosure and
the toll charge, if any, for the telephone call is pre-
paid by or charged directly to the consumer.
Idem
(4) Every consumer reporting agency shall provide trained
personnel to explain to the consumer any information fur-
nished to him under this section.
Sd^se™^"^^ (5) The consumer shall be permitted to be accompanied by
one other person of his choosing to whom the consumer report-
ing agency may be required by the consumer to disclose his
file.
Abstract
(6) The consumer reporting agency shall permit the con-
sumer to whom information is disclosed under this section to
make an abstract thereof.
Identification
(7) A consumer reporting agency shall require reasonable
identification of the consumer and a person accompanying
him before making disclosures under this section.
No
conditions
(8) A consumer reporting agency shall not require a con-
sumer to give any undertaking or waive or release any right
as a condition precedent to his access to his file under this
section.
Correction
of errors
12. — (1) Where a consumer disputes the accuracy or com-
pleteness of any item of information contained in his file,
the consumer reporting agency within a reasonable time shall
101
11
use its best endeavours to confirm or complete the informa-
tion and shall correct, supplement or delete the information
in accordance with good practice.
(2) Where a consumer reporting agency corrects, supple- idem
ments or deletes information under subsection 1 , the consumer
reporting agency shall furnish notification of the correction,
supplement or deletion to,
(a) all persons who have been supplied with a consumer
report based on the unamended file within sixty
days before the correction, supplement or deletion is
made; and
{b) the persons specifically designated by the consumer
from among those who have been supplied with a con-
sumer report based on the unamended file,
(i) where the report contains personal informa-
tion, within the one year period preceding
the correction, supplement or deletion, and
(ii) where the report contains credit informa-
ation, within the six month period preceding
the correction, supplement or deletion.
13. — (1) The Registrar may order a consumer reporting order b_y^
agency to amend or delete any information, or by order re
restrict or prohibit the use of any information, that in his
opinion is inaccurate or incomplete or that does not comply
with the provisions of this Act or the regulations.
(2) The Registrar may order a consumer reporting agency ^"^o^^^™®"^*
to furnish notification to any person who has received a
consumer report of any amendments, deletions, restrictions
or prohibitions imposed by the Registrar.
(3) Where the consumer or consumer reporting agency •^^j^^'^J^Ij^^y
considers himself aggrieved by a decision of the Registrar
under this section, he may apply to the Tribunal for a hearing
and section 6 applies, mutatis mutandis, to the decision in the
same manner as to a proposal by the Registrar under section 6
and as if the consumer and the consumer reporting agency
each were an applicant or registrant, except that an order
of the Registrar may be issued and take effect immediately,
but the Tribunal may grant a stay until the order becomes
final.
(4) At a hearing before the Tribunal for the purposes ofDiBciosure
subsection 3, the Tribunal may require the consumer report-
ing agency to disclose the source of any information contained
in its files.
101
12
material ^** Every consumer reporting agency shall, within five
changes days after the event, notify the Registrar in writing of,
{a) any change in its address for service ;
(b) any change in the officers in the case of a cor-
poration or of the members in the case of a partner-
ship; and
(c) any commencement or termination of employment of
a personal information investigator.
Investigation J5^ — (J) Where the Registrar receives a written complaint
complaints in respect of a consumer reporting agency and so directs in
writing, the consumer reporting agency shall furnish the
Registrar with such information respecting the matter com-
plained of as the Registrar requires.
Wfi™ (2) The direction under subsection 1 shall indicate the
nature of the inquiry involved.
^^®™ (3) For the purposes of subsection 1, the Registrar or
any person designated in writing by him may on notice
at any reasonable time enter upon the business premises
of the consumer reporting agency to make an inspection
in relation to the complaint.
on^orde^**^^°" 1®* The Minister may by order appoint a person to make an
of Minister investigation into any matter to which this Act applies as
may be specified in the Minister's order and the person
appointed shall report the result of his investigation to the
Minister, and for the purposes of the investigation, the person
making it has the powers of a commission under Part II of
1971,0.49 xhe Public Inquiries Act, 1971, which Part applies to such
investigation as if it were an inquiry under the Act.
Investigation jj^ — (J) Where, upon a statement made under oath, the
Director believes on reasonable and probable grounds that
any person has,
{a) contravened any of the provisions of this Act or the
regulations ; or
?'c-»4^*^°' (^) committed an offence under the Criminal Code
(Canada) or under the law of any jurisdiction that
is relevant to his fitness for registration under this
Act,
the Director may by order appoint one or more persons to
" ^' make an investigation to ascertain whether such a contra-
vention of the Act or regulation or the commission of such
an offence has occurred and the person appointed shall
report the result of his investigation to the Director.
101 {01
13
(2) For purposes relevant to the subject-matter of an ^^^|^? °^qj.
investigation under this section and, notwithstanding section
8, the person appointed to make the investigation may
inquire into and examine the affairs of the person in respect
of whom the investigation is being made and may,
{a) upon production of his appointment, enter at any
reasonable time the business premises of such person
and examine books, papers, documents, consumer
files and things relevant to the subject-matter of the
investigation; and
{b) inquire into negotiations, transactions, loans, bor-
rowings made by or on behalf of or in relation to
such person and into property, assets or things
owned, acquired or alienated in whole or in part by
him or any person acting on his behalf that are
relevant to the subject-matter of the investigation,
and for the purposes of the inquiry, the person making the
investigation has the powers of a commission under Part II of
The Public Inquiries Act, 1971, which Part apphes to such i^^i, c. 49
inquiry as if it were an inquiry under that Act.
(3) No person shall obstruct a person appointed to make obstruction
an investigation under this section or withhold from him or investigator
conceal or destroy any books, papers, documents or things
relevant to the subject-matter of the investigation.
(4) Where a provincial judge is satisfied, upon an ex Parte"^^^^^^^^
application by the person making an investigation under this
section, that the investigation has been ordered and that such
person has been appointed to make it and that there is
reasonable ground for believing there are in any building,
dwelling, receptacle or place any books, papers, documents or
things relating to the person whose affairs are being
investigated and to the subject-matter of the investigation,
the provincial judge may, whether or not an inspection has
been made or attempted under clause a of subsection 2,
issue an order authorizing the person making the investigation,
together with such police officer or officers as he calls upon to
assist him, to enter and search, if necessary by force, such
building, dwelling, receptacle or place for such books, papers,
documents or things and to examine them, but every such
entry and search shall be made between sunrise and sunset
unless the provincial judge, by the order, authorizes the person
making the investigation to make the search at night.
(5) Any person making an investigation under this section j^o^a^lt °^
may, upon giving a receipt therefor, remove any books,
papers, documents or things examined under clause a of
subsection 2 or subsection 4 relating to the person whose
101
14
Certified
copies
affairs are being investigated and to the subject-matter
of the investigation for the purpose of making copies of
such books, papers or documents, but such copying shall be
carried out with reasonable dispatch and the books, papers or
documents in question shall be promptly thereafter returned
to the person whose affairs are being investigated.
(6) Any copy made as provided in subsection 5 and certified
to be a true copy by the person making the investigation is
admissible in evidence in any action, proceeding or prosecution
as prima facie proof of the original book, paper or document and
its contents.
Appointment
of expert
(7) The Minister or Director may appoint any expert
to examine books, papers, documents or things examined
under clause a of subsection 2 or under subsection 4.
Matters
confidential
18. — (1) Every person employed in the administration of
this Act, including any person making an inquiry, inspection
or an investigation under section 15, 16 or 17 shall preserve
secrecy in respect of all matters that come to his knowledge
in the course of his duties, emplojmient, inquiry, inspection or
investigation and shall not communicate any such matters to
any other person except,
{a) as may be required in connection with the administra-
tion of this Act and the regulations or any proceedings
under this Act or the regulations ; or
{b) to his counsel ; or
(c) with the consent of the person to whom the information
relates.
Testimony
In civil
suit
(2) No person to whom subsection 1 applies shall be
required to give testimony in any civil suit or proceeding
with regard to information obtained by him in the course of
his duties, employment, inquiry, inspection or investigation
except in a proceeding under this Act or the regulations.
Service
Idem
19.— (1) Any notice or order required to be given, de-
livered or served under this Act or the regulations is suffi-
ciently given, delivered or served if delivered personally or
sent by registered mail addressed to the person to whom
delivery or service is required to be made at his last-known
address except that a notice under section 10, 12 or 14 is
sufficiently given if sent by ordinary mail.
(2) Where service is made by mail, the service shall be fi
deemed to be made on the third day after the day of mail-
101
15
ing unless the person on whom service is being made
estabhshes that he did not, acting in good faith, through
absence, accident, illness or other cause beyond his control
receive the notice or order until a later date.
20. — (1) Where it appears to the Director that any person Restraining
does not comply with any provision of this Act, the regulations
or an order made under this Act, notwithstanding the
imposition of any penalty in respect of such non-compliance
and in addition to any other rights he may have, the
Director may apply to a judge of the High Court for an
order directing such person to comply with such provision,
and upon the application, the judge may make such order or
such other order as the judge thinks fit.
(2) An appeal lies to the Supreme Court from an order made Appeal
under subsection 1 .
21. No person shall knowingly supply false or misleading ^^se^^^^^^^
information to another who is engaged in making a consumer
report.
22. — (1) Every person who, offences
(a) knowingly, furnishes false information in any appli-
cation under this Act or in any statement or return
required to be furnished under this Act or the
regulations ;
{b) fails to comply with any order, direction or other
requirement made under this Act ; or
(c) contravenes any provision of this Act or the
regulations,
and every director or officer of a corporation who knowingly
concurs in such furnishing, failure or contravention is guilty of
an offence and on summary conviction is liable to a fine of not
more than $2,000 or to imprisonment for a term of not more
than one year, or to both.
(2) Where a corporation is convicted of an offence under corporations
subsection 1, the maximum penalty that may be imposed
upon the corporation is $25,000 and not as provided therein.
(3) No proceeding under clause a of subsection 1 shall be ^*i"**^**^°°
commenced more than one year after the facts upon which the
proceeding is based first came to the knowledge of the
Director.
101
16
Idem
Certificate
as evidence
Proof of
Minister's
signature
(4) No proceeding under clause 6 or c of subsection 1 shall
be commenced more than two years after the time when
the subject-matter of the proceeding arose.
23. — (1) A statement as to,
{a) the registration or non-registration of any person ;
(b) the fihng or non-filing of any document or material
required or permitted to be filed with the Registrar ;
(c) the time when the facts upon which proceedings are
based first came to the knowledge of the Director ; or
(d) any other matter pertaining to such registration,
non-registration, filing or non-filing,
purporting to be certified by the Director is, without proof
of the office or signature of the Director, receivable in evidence
as prima facie proof of the facts stated therein for all purposes
in any action, proceeding or prosecution.
(2) Any document under this Act purporting to be signed
by the Minister, or any certified copy thereof, is receivable
in evidence in any action, prosecution or other proceeding as
prima facie proof that the document is signed by the Minister
without proof of the office or signature of the Minister.
Regulations 24. The Lieutenant Governor in Council may make
regulations,
{a) exempting any class of persons from this Act or the
regulations or any provision thereof ;
(6) governing applications for registration or renewal of
registration and prescribing terms and conditions of
registration ;
(c) requiring the payment of fees on application for
registration or renewal of registration, and prescribing
the amounts thereof ;
{d) requiring registered consumer reporting agencies to
be bonded in such form and terms and with such
collateral security as are prescribed, and providing
for the forfeiture of bonds and the disposition of the
proceeds ;
{e) prescribing further procedures respecting the con-
duct of matters coming before the Tribunal ;
101
17
(/) requiring and governing the books, accounts and
records relating to the due compliance with the
provisions of this Act that shall be kept by consumer
reporting agencies;
(g) prescribing information that may not be reported
by a consumer reporting agency or contained in its
files;
(h) prescribing information that must be contained in a
consumer report ;
(i) requiring consumer reporting agencies to make returns
and furnish information to the Registrar ;
(j) prescribing forms for the purposes of this Act and
providing for their use ;
(k) requiring any information required to be furnished or
contained in any form or return to be verified by
affidavit.
25. Notwithstanding any provision of this Act, a consumerl^^iscioBj^e
reporting agency is not required to disclose the source of any before Act
information acquired before this Act comes into force.
26. This Act comes into force on a day to be named by commence-
the Lieutenant Governor by his proclamation.
27. This Act may be cited as The Consumer Reporting ^^°^^^^^^^
Act, 1973.
101
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^ gL
BILL 101 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II. 1973
An Act to control the Storage and Supply
of personal Information for rating Purposes
I
The Hon. J. T. Clement
Minister of Consumer and Commercial Relations
{Reprinted as amended by the Committee of the Whole House)
TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario
Explanatory Note
The Bill regulates the giving of consumer reports and governs the
disclosure and review of the information. Information as to credit history
and as to character and health is included in the controls.
The main principles include the following :
1. Consumer reporting agencies are required to be registered.
2. Persons ordering consumer reports are required to notify the
consumer.
3. If a credit information results in adverse action, the creditor is
required to notify the consumer of the report.
4. The consumer may inspect all the information about him in the files
of any consumer reporting agency.
5. The consumer may have information corrected, through the
authority of a tribunal, if necessary.
6. The information that may be included in a consumer report is
restricted to maintain a standard of accuracy, recency and
corroboration.
101
BILL 101 1973
An Act to control the Storage and Supply
of personal Information for rating Purposes
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :
1. — (1) In this Act, Interpre-
^ ' ' tation
(a) "consumer" means a natural person but does not
include a person engaging in a transaction, other
than relating to employment, in the course of carry-
ing on a business, trade or profession ;
(b) "consumer report" means a written, oral or other
communication by a consumer reporting agency of
credit information or personal information, or both,
pertaining to a consumer for consideration in
connection with a purpose set out in clause d of
subsection 1 of section 8;
(c) "consumer reporting agency" means a person who
for gain or profit or on a regular co-operative non-
profit basis furnishes consumer reports;
(d) "credit information" means information about a con-
sumer as to name, age, occupation, place of residence,
previous places of residence, marital status, spouse's
name and age, number of dependants, particulars of
education or professional qualifications, places of em-
ployment, previous places of employment, estimated
income, paying habits, outstanding debt obligations,
cost of living obligations and assets;
{e) "Director" means the Executive Director of the
Business Practices Division of the Ministrv '
(/) "employment purposes" means tne purposes of taking
into employment, granting promotion, reassigning
employment duties or retaining as an employee;
101
R.S.0. 1970,
c. 113
(g) "file", when used as a noun, means all of the
information pertaining to a consumer that is recorded
and retained by a consumer reporting agency,
regardless of the manner or form in which the
information is stored;
(h) "Minister" means the Minister of Consumer and
Commercial Relations;
(?) "person" means a natural person, an association of
natural persons, a partnership or a corporation ;
{j) "personal information" means information other
than credit information about a consumer's character,
reputation, health, physical or personal characteristics
or mode of living or about any other matter concern-
ing the consumer;
{k) "personal information investigator" means a person
who obtains or reports personal information to a
consumer reporting agency for hire or reward;
{I) "Registrar" means the Registrar of Consumer Re-
porting Agencies;
(m) "regulations" means the regulations made under
this Act;
(w) "Tribunal" means The Commercial Registration
Appeal Tribunal under The Ministry of Consumer
and Commercial Relations Act.
Agreements (2) This Act applies notwithstanding any agreement or
waiver to the contrary.
Registrar 2. — (1) There shall be a Registrar of Consumer Reporting
Agencies who shall be appointed by the Lieutenant Governor
in Council.
Duties
(2) The Registrar may exercise the powers and shall
perform the duties conferred or imposed upon him by or
under this Act under the supervision of the Director.
Registration 3, No person shall conduct or act as a consumer reporting
requre agency or act as a personal information investigator unless
he is registered by the Registrar under this Act.
Registration 4. — (1) An applicant is entitled to registration or renewal
o agenc es ^^ registration as a consumer reporting agency by the
Registrar except where.
101
{a) having regard to his financial position, the applicant
cannot reasonably be expected to be financially
responsible in the conduct of his business ; or
(b) the past conduct of the applicant affords reasonable
grounds for belief that he will not carry on business
in accordance with law and with integrity and
honesty; or
(c) the applicant is a corporation and,
(i) having regard to its financial position, it
cannot reasonably be expected to be financially
responsible in the conduct of its business, or
(ii) the past conduct of its officers or directors
affords reasonable grounds for belief that its
business will not be carried on in accordance
with law and with integrity and honesty; or
(d) the applicant is carrying on activities that are,
or will be, if the applicant is registered, in con-
travention of this Act or the regulations.
(2) An applicant is entitled to registration or renewal of ^^^f^stration
registration as a personal information investigator by the investigators
Registrar except where the past conduct of the applicant
affords reasonable grounds for belief th^at he will not carry
out his duties in accordance with law and with integrity
and honesty.
(3) A registration is subject to such terms and conditions conditions
to give effect to the purposes of this Act as are imposed by registration
the Tribunal or prescribed by the regulations.
(4) A registration is not transferable. Registration
transferable
5. — (1) Subject to section 6, the Registrar may refuse toRefusaito
register an applicant where in the Registrar's opinion the
applicant is disentitled to registration under section 4.
(2) Subject to section 6, the Registrar may refuse to renew R^vocati^on
or may suspend or revoke a registration for any reason that to renew
would disentitle the registrant to registration under section
4 if he were an apphcant, or where the registrant is in breach
of a term or condition of the registration.
6. — (1) Where the Registrar proposes to refuse to grant Notice of
or renew a registration or proposes to suspend or revoke refuse or
101
Notice
requiring
hearing
Powers of
Registrar
where no
hearing
a registration, he shall serve notice of his proposal, together
with written reasons therefor, on the applicant or registrant.
(2) A notice under subsection 1 shall inform the applicant
or registrant that he is entitled to a hearing by the Tribunal
if he mails or delivers, within fifteen days after the notice
under subsection 1 is served on him, notice in writing
requiring a hearing to the Registrar and the Tribunal, and
he may so require such a hearing.
(3) Where an applicant or registrant does not require a
hearing by the Tribunal in accordance with subsection 2,
the Registrar may carry out the proposal stated in his
notice under subsection 1.
Powers of
Tribunal
(4) Where an applicant or registrant requires a hearing
by the Tribunal in accordance with subsection 2, the Tribunal
shall appoint a time for and hold the hearing and, on the
application of the Registrar at the hearing, may by order
direct the Registrar to carry out his proposal or refrain
from carrying out his proposal and to take such action as
the Tribunal considers the Registrar ought to take in
accordance with this Act and the regulations, and for such
purposes the Tribunal may substitute its opinion for that
of the Registrar.
Conditions
of order
Parties
(5) The Tribunal may attach such terms and conditions to
its order or to the registration as it considers proper to give
effect to the purposes of this Act.
(6) The Registrar, the applicant or registrant who has
required the hearing and such other persons as the Tribunal
may specify are parties to proceedings before the Tribunal
under this section.
Voluntary
cancellation
(7) Notwithstanding subsection 1, the Registrar may
cancel a registration upon the request in writing of the
registrant in the prescribed form surrendering his registration.
Continuance (g) Where, within the time prescribed therefor or, if no
renewal time is prescribed, before expiry of his registration, a
registrant has applied for renewal of his registration and
paid the prescribed fee, his registration shall be deemed to
continue,
{a) until the renewal is granted ; or
/ (6) where he is served with notice that the Registrar
proposes to refuse to grant the renewal, until the
time for giving notice requiring a hearing has expired
101
and, where a hearing is required, until the Tribunal
has made its order.
(9) Notwithstanding that a registrant appeals from an ^^f ®^i^g
order of the Tribunal under section Se of The Ministry of^^y
Consumer and Commercial Relations Act, the order takes effect ^fia" ^^°'
immediately, but the Tribunal may grant a stay until dis-
position of the appeal.
7. A further application for registration may be made f^i^l^j^^g
upon new or other evidence or where it is clear that material
circumstances have changed.
8. — (1) No consumer reporting agency and no officer or^^o^^hom^^
employee thereof shall knowingly furnish any information be given
from the files of the consumer reporting agency except,
{a) in response to the order of a court having jursidiction
to issue such an order;
{h) in accordance with the written instructions of the
consumer to whom the information relates;
(c) in response to an order or direction made under
this Act; or
(d) in a consumer report given to a person who it has
reason to believe,
(i) intends to use the information in connection
with the extension of credit to or the purchase
or collection of a debt of the consumer to whom
the information pertains,
(ii) intends to use the information in connection
with the entering into or renewal of a tenancy
agreement,
(iii) intends to use the information for employment
purposes,
(iv) intends to use the information in connection
with the underwriting of insurance involving
the consumer,
(v) intends to use the information to determine
the consumer's eligibility for any matter under
a statute or regulation where the information
is relevant to the requirement prescribed by
law,
101
Idem
Information
as to
identities
Sale of
files
VI
Vll
otherwise has a direct business need for the
information in connection with a business or
credit transaction involving the consumer, or
intends to use the information for the purpose
of up-dating the information in a consumer
report previously given to him for one of the
reasons referred to in subclauses i to vi.
(2) No person shall knowingly obtain any information
from the files of a consumer reporting agency respecting
a consumer except for the purposes referred to in sub-
section 1.
(3) Notwithstanding subsections 1 and 2, a consumer
reporting agency may furnish identifying information respect-
ing any consumer, limited to his name, address, former
addresses, places of employment, or former places of employ-
ment, to the Government of Ontario or of Canada or any
province thereof or of any agency of such government or the
government of any municipality in Canada or any agency
thereof or to any police officer acting in the course of his
duties, notwithstanding that such information is not to be
used for a purpose mentioned in clause d of subsection 1.
(4) No person who is or has been registered as a consumer
reporting agency shall sell, lease or transfer title to its files
or any of them except to a consumer reporting agency regis-
tered under this Act.
Procedures 9^ — (1) Every consumer reporting agency shall adopt all
procedures reasonable for ensuring accuracy and fairness in
the contents of its consumer reports.
Information
included in
consumer
report
Idem
(2) A consumer reporting agency shall not report,
{a) any information that is not stored in a form capable
of being produced under section 1 1 ;
(6) any information that is not extracted from informa-
tion appearing in files stored or collected in a repository
located in Canada regardless of whether or not the
information was obtained from a source outside
Canada, except where the consumer report is in
writing and contains the substance of any prior
information orally acquired that conforms to the
requirements of this Act.
(3) A consumer reporting agency shall not include in a
consumer report,
(a) any credit infornlation based on evidence that is
not the best evidence reasonably available ;
101
{b) any unfavourable personal information unless it has
made reasonable efforts to corroborate the evidence
on which the personal information is based, and the
lack of corroboration is noted with and accompanies
the information;
(c) information as to judgments after seven years after
the judgment was given, unless the creditor or his
agent confirms that it remains unpaid in whole or in
part, and such confirmation appears in the file;
(d) information as to any judgment against the consumer
unless mention is made of the name and, where
available, the address of the judgment creditor or
his agent as given at the date of entry of the
judgment and the amount;
{e) information as to the bankruptcy of the consumer
after seven years from the date of the discharge
except where the consumer has been bankrupt more
than once;
(/) information regarding any judgments, collections
or debts that on their face are statute barred unless
it is accompanied by evidence appearing in the file
that recovery is not barred by the expiration of a
limitation period;
{g) information as to the payment or non-payment of
taxes or lawfully imposed fines after seven years;
(h) information as to convictions for crimes, after seven
years from the date of conviction or, where the con-
viction resulted in imprisonment, from the date of
release or parole, provided information as to con-
victions for crimes shall not be reported if at any
time it is learned that after a conviction an absolute
discharge or a full pardon has been granted ;
{i) information regarding writs that are more than seven
years old or writs that were issued against the con-
sumer more than twelve months prior to the making
of the report unless the consumer reporting agency
- has ascertained the current status of the action and
has a record of this on file;
{j) information regarding any criminal charges against
the consumer where the charges have been dismissed,
set aside or withdrawn ;
{k) any other adverse item of information where more
than seven years have expired since the information
was acquired or last reaffirmed;
(/) information as to race, creed, colour, sex, ancestry,,
ethnic origin, or political affiliation; or
101
8
{m) any information given orally in the consumer report
unless the content of the oral report is recorded in the
file;
of m^8^°*°°^ (4) Every consumer reporting agency shall maintain in its
file respecting a person all the material and information of
which the person is entitled to disclosure under section 11.
Disclosure
of report
on request
Notice of
intention
to procure
consumer
report
10.— (1) Every person shall, where requested by a con-
siimer in writing or personally, inform the consumer whether
or not a consumer report respecting him has been or is to be
referred to in connection with any specified transaction or
matter in which such person is engaged, and, if so, of the
name and address of the consumer reporting agency supplying
the report.
(2) No person shall procure from a consumer reporting
agency or cause it to prepare a consumer report containing
personal information respecting a consumer unless he notifies
the consumer of the fact in writing before the report is
requested and, where the consumer so requests in writing
or personally, he shall inform the consumer of the name and
address of the consumer reporting agency supplying the report.
Idem
(3) Where a person proposes to extend credit to a consumer
and a consumer report containing credit information only is
being or may be referred to in connection with the trans-
action, he shall give notice of the fact to the consumer
in writing at the time of the application for credit, or if the
application is made orally, orally at the time of the application
for credit.
Assignee
as creditor
(4) Where, before extending credit, the proposed creditor
obtains the acceptance or refusal of an assignment or
proposed assignment of the credit transaction by an assignee
or proposed assignee, subsection 3 applies to the assignee
or proposed assignee in the same manner as to the person
proposing to extend credit, but the giving of a notice under
subsection 3 by a person proposing to extend credit or under
this subsection by his assignee or proposed assignee shall be
deemed to be sufficient notice by both.
on'divuigence (^) -^^ pcrson extending credit to a consumer shall divulge
?^, .> to other credit grantors or to a consumer reporting agency
information , • r , • . • , , '^ fe fc> J
any personal mformation respectmg the consumer except
with the consent of the consumer or on his referral unless
he notifies the consumer in writing at the time of the application
for credit that he intends to do so. W
Form of
notice
(6) Any notice referred to in this section shall be clearly
set forth in bold type or underlined and in letters not less
than ten point in size.
101
(7) Where a benefit is denied to a consumer or a charge ^^^J®^^®
to a consumer is increased either wholly or partly because
of information received from a consumer reporting agency or
a person other than a consumer reporting agency, the user of
such information shall deliver to the consumer at the time such
action is communicated to the consumer notice of the fact
and, upon the request of the consumer made within sixty
days after such notice, shall inform the consumer,
(a) of the nature and source of the information where the
information is furnished by a person other than a
consumer reporting agency; or
{b) of the name and address of the consumer reporting
agency, where the information is furnished by a con-
sumer reporting agency,
and the notice required to be given by the user under this
subsection shall contain notice of the consumer's right to
request the information referred to in clauses a and b and
the time limited therefor.
11. — (1) Every consumer reporting agency shall, at the ^^1^*^^^^, ^.^
written request of a consumer and during normal business disclosure
hours clearly and accurately disclose to the consumer, without
charge,
(a) the nature and substance of all information in its
files pertaining to the consumer at the time of the
request ;
{b) the sources of credit information ;
(c) the names of the recipients of any consumer report
pertaining to the consumer that it has furnished,
containing,
(i) personal information, within the one year
period preceding the request, and
(ii) credit information, within the six month
period preceding the request ;
(d) copies of any written consumer report pertaining to
the consumer made to any other person or, where the
report was oral, particulars of the content of such oral
report, furnished,
(i) where the report contains personal informa-
tion, within the one year period preceding the
request, and
101
10
(ii) where the report contains credit informa-
tion, within the six month period preceding
the request,
and shall inform the consumer of his right to protest any
information contained in the file under sections 12 and 13
and the manner in which a protest may be made.
Exception for
certain
medical
information
(2) A consumer reporting agency shall withhold from the
disclosures required by subsection 1 any medical information
obtained with the written consent of the consumer which
the consumer's own physician has specifically requested in
writing be withheld from the consumer in his own best interest.
diIci^o°su?e (^) ^^^ disclosures required under this section shall be made
to the consumer,
{a) in person if he appears in person and furnishes proper
identification ;
(b) by telephone if he has made a written request, with
sufficient identification, for telephone disclosure and
the toll charge, if any, for the telephone call is pre-
paid by or charged directly to the consumer.
Idem
(4) Every consumer reporting agency shall provide trained
personnel to explain to the consumer any information fur-
nished to him under this section.
ad^se?^^^ (5) The consumer shall be permitted to be accompanied by
one other person of his choosing to whom the consumer report-
ing agency may be required by the consumer to disclose his
file.
Abstract
(6) The consumer reporting agency shall permit the con-
sumer to whom information is disclosed under this section to
make an abstract thereof.
Identification
(7) A consumer reporting agency shall require reasonable
identification of the consumer and a person accompanying
him before making disclosures under this section.
No
conditions
(8) A consumer reporting agency shall not require a con-
sumer to give any undertaking or waive or release any right
as a condition precedent to his access to his file under this
section.
Correction
of errors
12. — (1) Where a consumer disputes the accuracy or com-
pleteness of any item of information contained in his file,
the consumer reporting agency within a reasonable time shall
101
11
use its best endeavours to confirm or complete the informa-
tion and shall correct, supplement or delete the information
in accordance with good practice.
(2) Where a consumer reporting agency corrects, supple- wem
ments or deletes information under subsection 1 , the consumer
reporting agency shall furnish notification of the correction,
supplement or deletion to,
(a) all persons who have been supplied with a consumer
report based on the unamended file within sixty
days before the correction, supplement or deletion is
made; and
{b) the persons specifically designated by the consumer
from among those who have been supplied with a con-
sumer report based on the unamended file,
(i) where the report contains personal informa-
tion, within the one year period preceding
the correction, supplement or deletion, and
(ii) where the report contains credit informa-
ation, within the six month period preceding
the correction, supplement or deletion.
13. — (1) The Registrar may order a consumer reporting o^^^^^^y^.
agency to amend or delete any information, or by order pe
° . ,., ., r ■ r ■ 1-1- information
restrict or prohibit the use of any information, that in his
opinion is inaccurate or incomplete or that does not comply
with the provisions of this Act or the regulations.
(2) The Registrar may order a consumer reporting agency ^^°^'^®'"®°*^
to furnish notification to any person who has received a
consumer report of any amendments, deletions, restrictions
or prohibitions imposed by the Registrar.
(3) Where the consumer or consumer reporting agency Hearing^by
considers himself aggrieved by a decision of the Registrar
under this section, he may apply to the Tribunal for a hearing
and section 6 applies, mutatis mutandis, to the decision in the
same manner as to a proposal by the Registrar under section 6
and as if the consumer and the consumer reporting agency
each were an applicant or registrant, except that an order
of the Registrar may be issued and take effect immediately,
but the Tribunal may grant a stay until the order becomes
final.
(4) At a hearing before the Tribunal for the purposes of disclosure
subsection 3, the Tribunal may require the consumer report-
ing agency to disclose the source of any information contained
in its files.
101
12
materiaf ^'** Eveiy consumer reporting agency shall, within five
changes days after the event, notify the Registrar in writing of,
{a) any change in its address for service ;
(b) any change in the officers in the case of a cor-
poration or of the members in the case of a partner-
ship; and
(c) any commencement or termination of employment of
a personal information investigator.
Investigation ^5^ — (J) Where the Registrar receives a written complaint
complaints in respect of a consumer reporting agency and so directs in
writing, the consumer reporting agency shall furnish the
Registrar with such information respecting the matter com-
plained of as the Registrar requires.
Idem (2) The direction under subsection 1 shall indicate the
nature of the inquiry involved.
^**®™ (3) For the purposes of subsection 1, the Registrar or
any person designated in writing by him may on notice
at any reasonable time enter upon the business premises
of the consumer reporting agency to make an inspection
in relation to the complaint.
on^ordM-*^*"'' 1^* The Minister may by order appoint a persou to make an
of Minister investigation into any matter to which this Act applies as
may be specified in the Minister's order and the person
appointed shall report the result of his investigation to the
Minister, and for the purposes of the investigation, the person
making it has the powers of a commission under Part II of
1971.0.49 Yhe Public Inquiries Act, 1971, which Part applies to such
investigation as if it were an inquiry under the Act.
bTDiri^*or° ^'^ ' — (1) Where, upon a statement made under oath, the
Director believes on reasonable and probable grounds that
any person has,
{a) contravened any of the provisions of this Act or the
regulations ; or
R.s^ai970, ^jj^ committed an offence under the Criminal Code
(Canada) or under the law of any jurisdiction that
is relevant to his fitness for registration under this
Act,
the Director may by order appoint one or more persons to
make an investigation to ascertain whether such a contra-
vention of the Act or regulation or the commission of such
an offence has occurred and the person appointed shall
report the result of his investigation to the Director.
101
13
(2) For purposes relevant to the subject-matter of an ^<^^|^f °^qj.
investigation under this section and, notwithstanding section
8, the person appointed to make the investigation may
inquire into and examine the affairs of the person in respect
of whom the investigation is being made and may,
(a) upon production of his appointment, enter at any
reasonable time the business premises of such person
and examine books, papers, documents, consumer
files and things relevant to the subject-matter of the
investigation; and
{b) inquire into negotiations, transactions, loans, bor-
rowings made by or on behalf of or in relation to
such person and into property, assets or things
owned, acquired or alienated in whole or in part by
him or any person acting on his behalf that are
relevant to the subject-matter of the investigation,
and for the purposes of the inquiry, the person making the
investigation has the powers of a commission under Part II of
The Public Inquiries Act, 1971, which Part applies to such i^ri. c. 49
inquiry as if it were an inquiry under that Act.
(3) No person shall obstruct a person appointed to make Obstruction
an investigation under this section or withhold from him or investigator
conceal or destroy any books, papers, documents or things
relevant to the subject-matter of the investigation.
(4) Where a provincial judge is satisfied, upon an ex /»«^^« fearch*°*^
application by the person making an investigation under this
section, that the investigation has been ordered and that such
person has been appointed to make it and that there is
reasonable ground for believing there are in any building,
dwelling, receptacle or place any books, papers, documents or
things relating to the person whose affairs are being
investigated and to the subject-matter of the investigation,
the provincial judge may, whether or not an inspection has
been made or attempted under clause a of subsection 2,
issue an order authorizing the person making the investigation,
together with such police officer or officers as he calls upon to
assist him, to enter and search, if necessary by force, such
building, dwelling, receptacle or place for such books, papers,
documents or things and to examine them, but every such
entry and search shall be made between sunrise and sunset
unless the provincial judge, by the order, authorizes the person
making the investigation to make the search at night.
(5) Any person making an investigation under this section j?®^°^|l °^
may, upon giving a receipt therefor, remove any books,
papers, documents or things examined under clause a of
subsection 2 or subsection 4 relating to the person whose
101
14
Certified
copies
affairs are being investigated and to the subject-matter
of the investigation for the purpose of making copies of
such books, papers or documents, but such copying shall be
carried out with reasonable dispatch and the books, papers or
documents in question shall be promptly thereafter returned
to the person whose affairs are being investigated.
(6) Any copy made as provided in subsection 5 and certified
to be a true copy by the person making the investigation is
admissible in evidence in any action, proceeding or prosecution
as prima facie proof of the original book, paper or document and
its contents.
A^poiiitnient (7) The Minister or Director may appoint any expert
to examine books, papers, documents or things examined
under clause a of subsection 2 or under subsection 4.
Matters
confidential
18.— (1) Every person employed in the administration of
this Act, including any person making an inquiry, inspection
or an investigation under section 15, 16 or 17 shall preserve
secrecy in respect of all matters that come to his knowledge
in the course of his duties, employment, inquiry, inspection or
investigation and shall not communicate any such matters to
any other person except,
(a) as may be required in connection with the administra-
tion of this Act and the regulations or any proceedings
under this Act or the regulations ; or
{b) to his counsel ; or
(c) with the consent of the person to whom the information
relates.
Testimony
in civil
suit
(2) No person to whom subsection 1 applies shall be
required to give testimony in any civil suit or proceeding
with regard to information obtained by him in the course of
his duties, employment, inquiry, inspection or investigation
except in a proceeding under this Act or the regulations.
Service
Idem
19. — (1) Any notice or order required to be given, de-
livered or served under this Act or the regulations is suffi-
ciently given, delivered or served if delivered personally or
sent by registered mail addressed to the person to whom
delivery or service is required to be made at his last-known
address except that a notice under section 10, 12 or 14 is
sufficiently given if sent by ordinary mail.
(2) Where service is made by mail, the service shall be
deemed to be made on the third day after the day of mail-
101
15
ing unless the person on whom service is being made
establishes that he did not, acting in good faith, through
absence, accident, illness or other cause beyond his control
receive the notice or order until a later date.
20. — (1) Where it appears to the Director that any person ^^training
does not comply with any provision of this Act, the regulations
or an order made under this Act, notwithstanding the
imposition of any penalty in respect of such non-compliance
and in addition to any other rights he may have, the
Director may apply to a judge of the High Court for an
order directing such person to comply with such provision,
and upon the application, the judge may make such order or
such other order as the judge thinks fit.
(2) An appeal lies to the Supreme Court from an order made Appeal
under subsection 1 .
21. No person shall knowingly supply false or misleading ^J^se^^^^^^
information to another who is engaged in making a consumer
report.
22.— (1) Every person who, offences
{a) knowingly, furnishes false information in any appli-
cation under this Act or in any statement or return
required to be furnished under this Act or the
regulations ;
{b) fails to comply with any order, direction or other
requirement made under this Act ; or
(c) contravenes any provision of this Act or the
regulations,
and every director or officer of a corporation who knowingly
concurs in such furnishing, failure or contravention is guilty of
an offence and on summary conviction is liable to a fine of not
more than $2,000 or to imprisonment for a term of not more
than one year, or to both.
(2) Where a corporation is convicted of an offence under corporations
subsection 1, the maximum penalty that may be imposed
upon the corporation is $25,000 and not as provided therein.
(3) No proceeding under clause a of subsection 1 shall be limitation
commenced more than one year after the facts upon which the
proceeding is based first came to the knowledge of the
Director.
101
16
Idem
Certificate
as evidence
Proof of
Minister's
signature
(4) No proceeding under clause 6 or c of subsection 1 shall
be commenced more than two years after the time when
the subject-matter of the proceeding arose.
23. — (1) A statement as to,
{a) the registration or non-registration of any person ;
(6) the filing or non-filing of any document or material
required or permitted to be filed with the Registrar ;
(c) the time when the facts upon which proceedings are
based first came to the knowledge of the Director ; or
{d) any other matter pertaining to such registration,
non-registration, filing or non-filing,
purporting to be certified by the Director is, without proof
of the office or signature of the Director, ref ^ble in evidence
as prima facie proof of the facts stated thertixi for all purposes
in any action, proceeding or prosecution.
(2) Any document under this Act purporting to be signed
by the Minister, or any certified copy thereof, is receivable
in evidence in any action, prosecution or other proceeding as
prima facie proof that the document is signed by the Minister
without proof of the office or signature of the Minister.
Regulations 24. The Lieutenant Governor in Council may make
regulations,
{a) exempting any class of persons from this Act or the
regulations or any provision thereof ;
(6) governing applications for registration or renewal of
registration and prescribing terms and conditions of
registration ;
(c) requiring the payment of fees on application for
registration or renewal of registration, and prescribing
the amounts thereof ;
{d) requiring registered consumer reporting agencies to
be bonded in such form and terms and with such
collateral security as are prescribed, and providing
for the forfeiture of bonds and the disposition of the
proceeds ;
{e) prescribing further procedures respecting the con-
duct of matters coming before the Tribunal ;
101
17
(/) requiring and governing the books, accounts and
records relating to the due compliance with the
provisions of this Act that shall be kept by consumer
reporting agencies ;
{g) prescribing information that may not be reported
by a consumer reporting agency or contained in its
files;
(A) prescribing information that must be contained in a
consumer report ;
(i) requiring consumer reporting agencies to make returns
and furnish information to the Registrar ;
(j) prescribing forms for the purposes of this Act and
providing for their use ;
(k) requiring any information required to be furnished or
contained in any form or return to be verified by
affidavit.
25. — (1) Notwithstanding any provision of this Act, a^/sciosure
consumer reporting agency is not required to disclose the before Act
source of any information acquired before this Act comes
into force.
(2) This section is repealed on the 1st day of July, 1975. ^®c^ion°^
26. This Act comes into force on a day to be named by m°e™t"®°°*'
the Lieutenant Governor by his proclamation.
27. This Act may be cited as The Consumer Reporting ^^°^^^^^^^
Act, J 973.
101
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1§
^ p
BILL 101
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to control the Storage and Supply
of personal Information for rating Purposes
The Hon. J. T. Clement
Minister of Consumer and Commercial Relations
TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario
fr
BILL 101 1973
An Act to control the Storage and Supply
of personal Information for rating Purposes
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows :
1. — (1) In this Act, Interpre-
^ ' tation
{a) "consumer" means a natural person but does not
include a person engaging in a transaction, other
than relating to employment, in the course of carry-
ing on a business, trade or profession;
(b) "consumer report" means a written, oral or other
communication by a consumer reporting agency of
credit information or personal information, or both,
pertaining to a consumer for consideration in
connection with a purpose set out in clause d of
subsection 1 of^ section 8;^
(c) "consumer reporting agency" means a person who
for gain or profit or on a regular co-operative non-
profit basis furnishes consumer reports ;
(d) "credit information" means information about a con-
sumer as to name, age, occupation, place of residence,
previous places of residence, marital status, spouse's
name and age, number of dependants, particulars of
education or professional qualifications, places of em-
ployment, previous places of employment, estimated
income, paying habits, outstanding debt obligations,
cost of living obligations and assets;
(e) "Director" means the Executive Director of the
Business Practices Division of the Ministry;
(/) "employment purposes" means the purposes of taking
into employment, granting promotion, reassigning
employment duties or retaining as an employee;
101
(g) "file", when used as a noun, means all of the
information pertaining to a consumer that is recordedl
and retained by a consumer reporting agency,
regardless of the manner or form in which the
information is stored;
(h) "Minister" means the Minister of Consumer and
Commercial Relations ;
(i) "person" means a natural person, an association of
natural persons, a partnership or a corporation ;
B U) "personal information" means information other
than credit information about a consumer's character,
reputation, health, physical or personal characteristics
or mode of living or about any other matter concern-
ing the consumer;
{k) "personal information investigator" means a person
who obtains or reports personal information to a
consumer reporting agency for hire or reward ;
(/) "Registrar" means the Registrar of Consumer Re-
. i porting Agencies;
i (m) "regulations" means the regulations made under
this Act;
(w) "Tribunal" means The Commercial Registration
RSjOi970. Appeal Tribunal under The Ministry of Consumer
and Commercial Relations Act.
kfw1five*°*^^ ('^) ^^^^ ^^^ applies notwithstanding any agreement or
waiver to the contrary.
Registrar 2. — (1) There shall be a Registrar of Consumer Reporting
Agencies who shall be appointed by the Lieutenant Governor
in Council.
Duties (2) The Registrar may exercise the powers and shall
perform the duties conferred or imposed upon him by or
under this Act under the supervision of the Director.
Registration 3, No person shall conduct or act as a consumer reporting
agency or act as a personal information investigator unless
he is registered by the Registrar under this Act.
iitegistration 4. — (1) An applicant is entitled to registration or renewal
of registration as a consumer reporting agency by the
Registrar except where,
101
{a) having regard to his financial position, the applicant
cannot reasonably be expected to be financially
responsible in the conduct of his business ; or
(b) the past conduct of the applicant affords reasonable
grounds for belief that he will not carry on business
in accordance with law and with integrity and
honesty; or
(c) the applicant is a corporation and,
(i) having regard to its financial position, it
cannot reasonably be expected to be financially
responsible in the conduct of its business, or
(ii) the past conduct of its officers or directors
affords reasonable grounds for belief that its
business will not be carried on in accordance
with law and with integrity and honesty; or
{d) the applicant is carrying on activities that are,
or will be, if the applicant is registered, in con-
travention of this Act or the regulations.
(2) An applicant is entitled to registration or renewal of ^®«^8tration
registration as a personal information investigator by the investigrators
"registrar except where the past conduct of the applicant
^affords reasonable grounds for belief that he will not carry
out his duties in accordance with law and with integrity
and honesty.
(3) A registration is subject to such terms and conditions conditions
to give effect to the purposes of this Act as are imposed by registration
the Tribunal or prescribed by the regulations.
(4) A registration is not transferable. Registration
transferable
5. — (1) Subject to section 6, the Registrar may refuse toRefusaito
register an applicant where in the Registrar's opinion the^ ^^
applicant is disentitled to registration under section 4.
(2) Subiect to section 6, the Registrar may refuse to renew Revocation
J 1 • ? i.- X .Li- .and refusal
or may suspend or revoke a registration for any reason that to renew
would disentitle the registrant to registration under section
4 if he were an applicant, or where the registrant is in breach
of a term or condition of the registration.
6. — (1) Where the Registrar proposes to refuse to erant Notice of
.^^.° ^^, , °, proposal to
or renew a registration or proposes to suspend or revoke refuse or
revoke
101
4
Notice
requiring
hearing
a registration, he shall serve notice of his proposal, together
with written reasons therefor, on the applicant or registrant.
(2) A notice under subsection 1 shall inform the applicant
or registrant that he is entitled to a hearing by the Tribunal
if he mails or delivers, within fifteen days after the notice
under subsection 1 is served on him, notice in writing
requiring a hearing to the Registrar and the Tribunal, and
he may so require such a hearing.
R°^i8^ar (^) Where an applicant or registrant does not require a"
where no hearing by the Tribunal in accordance with subsection 2,
the Registrar may carry out the proposal stated in his
notice under subsection 1.
hearing
Powers of (4) Where an applicant or registrant requires a hearing
by the Tribunal in accordance with subsection 2, the Tribunal
shall appoint a time for and hold the hearing and, on the
application of the Registrar at the hearing, may by order
direct the Registrar to carry out his proposal or refrain
from carrying out his proposal and to take such action as
the Tribunal considers the Registrar ought to take in
accordance with this Act and the regulations, and for such
purposes the Tribunal may substitute its opinion for that
of the Registrar.
Conditions (5) Jhe Tribunal may attach such terms and conditions to
of order , ^ ' , y . . , . , ^ .
its order or to the registration as it considers proper to give
effect to the purposes of this Act.
Parties (6) The Registrar, the applicant or registrant who has
required the hearing and such other persons as the Tribunal
may specify are parties to proceedings before the Tribunal
under this section.
Voluntary
cancellation
(7) Notwithstanding subsection 1, the Registrar may
cancel a registration upon the request in writing of the
registrant in the prescribed form surrendering his registration.
Continuance (g) Where, within the time prescribed therefor or, if no
renewal time is prescribed, before expiry of his registration, a
registrant has apphed for renewal of his registration and
paid the prescribed fee, his registration shall be deemed to
continue,
(a) until the renewal is granted ; or
(b) where he is served with notice that the Registrar \
proposes to refuse to grant the renewal, until the j
time for giving notice requiring a hearing has expired J
101
and, where a hearing is required, until the Tribunal
has made its order.
(9) Notwithstanding that a registrant appeals from an ^^^®[j^g
order of the Tribunal under section Se of The Ministry of^^y
Consumer and Commercial Relations Act, the order takes effect ^ns' ^^™'
immediately, but the Tribunal may grant a stay until dis-
position of the appeal.
7. A further application for registration may be made f^^^i^^g
upon new or other evidence or where it is clear that material
circumstances have changed.
8. — (1) No consumer reporting agency and no officer or J° whom
employee thereof shall knowingly furnish any information be given
from the files of the consumer reporting agency except,
{a) in response to the order of a court having jursidiction
to issue such an order;
{h) in accordance with the written instructions of the
consumer to whom the information relates;
(c) in response to an order or direction made under
this Act; or
{d) in a consumer report given to a person who it has
reason to believe,
(i) intends to use the information in connection
with the extension of credit to or the purchase
or collection of a debt of the consumer to whom
the information pertains,
(ii) intends to use the information in connection
with the entering into or renewal of a tenancy
agreement,
(iii) intends to use the information for employment
purposes,
(iv) intends to use the information in connection
with the underwriting of insurance involving
the consumer,
(v) intends to use the information to determine
the consumer's eligibility for any matter under
a statute or regulation where the information
is relevant to the requirement prescribed by
law,
101
Idem
Information
as to
Identities
Sale of
files
(vi) otherwise has a direct business need for the
information in connection with a business or
credit transaction involving the consumer, or
(vii) intends to use the information for the purpose
of up-dating the information in a consumer
report previously given to him for one of the
reasons referred to in subclauses i to vi.
(2) No person shall knowingly obtain any information
from the files of a consumer reporting agency respecting
a consumer except for the purposes referred to in sub-
section 1.
(3) Notwithstanding subsections 1 and 2, a consumer
reporting agency may furnish identifying information respect-
ing any consumer, limited to his name, address, former
addresses, places of employment, or former places of employ-
ment, to the Government of Ontario or of Canada or any
province thereof or of any agency of such government or the
government of any municipality in Canada or any agency
thereof or to any police officer acting in the course of his
duties, notwithstanding that such information is not to be
used for a purpose mentioned in clause d of subsection 1.
(4) No person who is or has been registered as a consumer
reporting agency shall sell, lease or transfer title to its files
or any of them except to a consumer reporting agency regis-
tered under this Act.
Procedures 9^ — (J) Every consumer reporting agency shall adopt all
procedures reasonable for ensuring accuracy and fairness in
the contents of its consumer reports.
Information
included in
consumer
report
Idem
(2) A consumer reporting agency shall not report,
(a) any information that is not stored in a form capable
of being produced under section 1 1 ;
{h) any information that is not extracted from informa-
tion appearing in files stored or collected in a repository
located in Canada regardless of whether or not the
information was obtained from a source outside
Canada, except where the consumer report is in
writing and contains the substance of any prior
information orally acquired that conforms to the
requirements of this Act.
(3) A consumer reporting agency shall not include in a
consumer report,
(a) any credit information based on evidence that is
not the best evidence reasonably available ;
101
{b) any unfavourable personal information unless it has
made reasonable efforts to corroborate the evidence
on which the personal information is based, and the
lack of corroboration is noted with and accompanies
the information;
(c) information as to judgments after seven years after
the judgment was given, unless the creditor or his
agent confirms that it remains unpaid in whole or in
part, and such confirmation appears in the file;
{d) information as to any judgment against the consumer
unless mention is made of the name and, where
available, the address of the judgment creditor or
his agent as given at the date of entry of the
judgment and the amount ;
(e) information as to the bankruptcy of the consumer
after seven years from the date of the discharge
except where the consumer has been bankrupt more
than once;
(/) information regarding any judgments, collections
or debts that on their face are statute barred unless
it is accompanied by evidence appearing in the file
that recovery is not barred by the expiration of a
limitation period;
{g) information as to the payment or non-payment of
taxes or lawfully imposed fines after seven years;
(h) information as to convictions for crimes, after seven
years from the date of conviction or, where the con-
viction resulted in imprisonment, from the date of
release or parole, provided information as to con-
victions for crimes shall not be reported if at any
time it is learned that after a conviction an absolute
discharge or a full pardon has been granted;
(i) information regarding writs that are more than seven
years old or writs that were issued against the con-
sumer more than twelve months prior to the making
of the report unless the consumer reporting agency
has ascertained the current status of the action and
has a record of this on file;
{j) information regarding any criminal charges against
the consumer where the charges have been dismissed,
set aside or withdrawn ;
(k) any other adverse item of information where more
than seven years have expired since the information
was acquired or last reafhrmed;
(/) information as to race, creed, colour, sex, ancestry,,
ethnic origin, or political affiliation ; or
101
8
(m) any information given orally in the consumer report
unless the content of the oral report is recorded in the
file;
of fiies^^*'^'^^ (4) Every consumer reporting agency shall maintain in its
file respecting a person all the material and information of
which the person is entitled to disclosure under section 11.
Disclosure
of report
on request
Notice of
Intention
to procure
consumer
report
10. — (1) Every person shall, where requested by a con-
sumer in writing or personally, inform the consumer whether
or not a consumer report respecting him has been or is to be
referred to in connection with any specified transaction or
matter in which such person is engaged, and, if so, of the
name and address of the consumer reporting agency supplying
the report.
(2) No person shall procure from a consumer reporting
agency or cause it to prepare a consumer report containing
personal information respecting a consumer unless he notifies
the consumer of the fact in writing before the report is
requested and, where the consumer so requests in writing
or personally, he shall inform the consumer of the name and
address of the consumer reporting agency supplying the report.
Idem
(3) Where a person proposes to extend credit to a consumer
and a consumer report containing credit information only is
being or may be referred to in connection with the trans-
action, he shall give notice of the fact to the consumer
in writing at the time of the application for credit, or if the
application is made orally, orally at the time of the application
for credit.
Assignee
as creditor
(4) Where, before extending credit, the proposed creditor
obtains the acceptance or refusal of an assignment or
proposed assignment of the credit transaction by an assignee
or proposed assignee, subsection 3 applies to the assignee
or proposed assignee in the same manner as to the person
proposing to extend credit, but the giving of a notice under
subsection 3 by a person proposing to extend credit or under
this subsection by his assignee or proposed assignee shall be
deemed to be sufficient notice by both.
on'divuigence (^) ^^ person extending credit to a consumer shall divulge
of to other credit grantors or to a consumer reporting agency
any personal information respecting the consumer except
with the consent of the consumer or on his referral unless
he notifies the consumer in writing at the time of the application
for credit that he intends to do so.
Form of
notice
(6) Any notice referred to in this section shall be clearly
set forth in bold type or underlined and in letters not less
than ten point in size.
101
(7) Where a benefit is denied to a consumer or a charge ^^^Y®^^®
to a consumer is increased either wholly or partly because
of information received from a consumer reporting agency or
a person other than a consumer reporting agency, the user of
such information shall deliver to the consumer at the time such
action is communicated to the consumer notice of the fact
and, upon the request of the consumer made within sixty
days after such notice, shall inform the consumer,
(a) of the nature and source of the information where the
information is furnished by a person other than a
consumer reporting agency; or
(b) of the name and address of the consumer reporting
agency, where the information is furnished by a con-
sumer reporting agency,
and the notice required to be given by the user under this
subsection shall contain notice of the consumer's right to
request the information referred to in clauses a and b and
the time limited therefor.
11. — (1) Every consumer reporting agency shall, at the ^^^^1^*^^^^, ^.^
written request of a consumer and during normal business disclosure
hours clearly and accurately disclose to the consumer, without
charge,
{a) the nature and substance of all information in its
files pertaining to the consumer at the time of the
request ;
(b) the sources of credit information ;
(c) the names of the recipients of any consumer report
pertaining to the consumer that it has furnished,
containing,
(i) personal information, within the one year
period preceding the request, and
(ii) credit information, within the six month
period preceding the request ;
{d) copies of any written consumer report pertaining to
the consumer made to any other person or, where the
report was oral, particulars of the content of such oral
report, furnished,
(i) where the report contains personal informa-
tion, within the one year period preceding the
request, and
101
10
(ii) where the report contains credit informa-
tion, within the six month period preceding
the request,
and shall inform the consumer of his right to protest any
information contained in the file under sections 12 and 13
and the manner in which a protest may be made.
Exception for
certain
medical
Information
(2) A consumer reporting agency shall withhold from the
disclosures required by subsection 1 any medical information
obtained with the written consent of the consumer which
the consumer's own physician has specifically requested in
writing be withheld from the consumer in his own best interest.
disclosure ('^) ^^^ disclosures required under this section shall be made
to the consumer,
{a) in person if he appears in person and furnishes proper
identification ;
{b) by telephone if he has made a written request, with
sufficient identification, for telephone disclosure and
the toll charge, if any, for the telephone call is pre-
paid by or charged directly to the consumer.
Idem
(4) Every consumer reporting agency shall provide trained
personnel to explain to the consumer any information fur-
nished to him under this section.
ad^ser^^'^^ (5) The Consumer shall be permitted to be accompanied by
one other person of his choosing to whom the consumer report-
ing agency may be required by the consumer to disclose his
file.
Abstract
(6) The consumer reporting agency shall permit the con-
sumer to whom information is disclosed under this section to
make an abstract thereof.
Identification
(7) A consumer reporting agency shall require reasonable
identification of the consumer and a person accompanying
him before making disclosures under this section.
No
conditions
(8) A consumer reporting agency shall not require a con-
sumer to give any undertaking or waive or release any right
as a condition precedent to his access to his file under this
section.
Correction 12. — (1) Where a consumer disputes the accuracy or com-
of 6i*i*or8 . .
pleteness of any item of information contained in his file,
the consumer reporting agency within a reasonable time shall
101
11
use its best endeavours to confirm or complete the informa-
tion and shall correct, supplement or delete the information
in accordance with good practice.
(2) Where a consumer reporting agency corrects, supple- ^ei"
ments or deletes information under subsection 1 , the consumer
reporting agency shall furnish notification of the correction,
supplement or deletion to,
(a) all persons who have been supplied with a consumer
report based on the unamended file within sixty
days before the correction, supplement or deletion is
made; and
(b) the f)ersons specifically designated by the consumer
from among those who have been supplied with a con-
sumer report based on the unamended file,
(i) where the report contains personal informa-
tion, within the one year period preceding
the correction, supplement or deletion, and
(ii) where the report contains credit informa-
ation, within the six month period preceding
the correction, supplement or deletion.
13. — (1) The Registrar may order a consumer reporting o^derb^y^
agency to amend or delete any information, or by order p
'^ . ,-, •, , ■ , ■ I-,- Information
restrict or prohibit the use of any information, that in his
opinion is inaccurate or incomplete or that does not comply
with the provisions of this Act or the regulations.
(2) The Registrar may order a consumer reporting agency ^°^°^^^™®°*'
to furnish notification to any person who has received a
consumer report of any amendments, deletions, restrictions
or prohibitions imposed by the Registrar.
(3) Where the consumer or consumer reporting agency i^®j*''^^|j*'y
considers himself aggrieved by a decision of the Registrar
under this section, he may apply to the Tribunal for a hearing
and section 6 applies, mutatis mutandis, to the decision in the
same manner as to a proposal by the Registrar under section 6
and as if the consumer and the consumer reporting agency
each were an applicant or registrant, except that an order
of the Registrar may be issued and take effect immediately,
but the Tribunal may grant a stay until the order becomes
final.
(4) At a hearing before the Tribunal for the purposes of^^iscios^e
subsection 3, the Tribunal may require the consumer report-
ing agency to disclose the source of any information contained
in its files.
i.
101
12
materlaf ^^' ^very consumer reporting agency shall, within five
changes days after the event, notify the Registrar in writing of,
(a) any change in its address for service ;
{b) any change in the officers in the case of a cor-
poration or of the members in the case of a partner-
ship; and
(c) any commencement or termination of employment of
a personal information investigator.
Investigation ^5^ — (J) Where the Registrar receives a written complaint
complaints in respect of a consumer reporting agency and so directs in
writing, the consumer reporting agency shall furnish the
Registrar with such information respecting the matter com-
plained of as the Registrar requires.
Me™ (2) The direction under subsection 1 shall indicate the
nature of the inquiry involved.
M®"^ (3) For the purposes of subsection 1, the Registrar or
any person designated in writing by him may on notice
at any reasonable time enter upon the business premises
of the consumer reporting agency to make an inspection
in relation to the complaint.
on^orde^**^^°" 1^* ^^^ Minister may by order appoint a person to make an
of Minister investigation into any matter to which this Act applies as
may be specified in the Minister's order and the person
appointed shall report the result of his investigation to the
Minister, and for the purposes of the investigation, the person
making it has the powers of a commission under Part II of
1971,0.49 xhe Public Inquiries Act, 1971, which Part applies to such
investigation as if it were an inquiry under the Act.
i^^esugation jj^ — (1) Where, upon a statement made under oath, the
Director believes on reasonable and probable grounds that
any person has,
[a) contravened any of the provisions of this Act or the
regulations ; or
ac-M^^'**' (^) committed an offence under the Criminal Code
(Canada) or under the law of any jurisdiction that
is relevant to his fitness for registration under this
Act,
the Director may by order appoint one or more persons to
make an investigation to ascertain whether such a contra-
vention of the Act or regulation or the commission of such
an offence has occurred and the person appointed shall
report the result of his investigation to the Director.
101
13
(2) For purposes relevant to the subject-matter of an ^^^|^f °^q^
investigation under this section and, notwithstanding section
8, the person appointed to make the investigation may
inquire into and examine the affairs of the person in respect
of whom the investigation is being made and may,
{a) upon production of his appointment, enter at any
reasonable time the business premises of such person
and examine books, papers, documents, consumer
files and things relevant to the subject-matter of the
investigation; and
{b) inquire into negotiations, transactions, loans, bor-
rowings made by or on behalf of or in relation to
such person and into property, assets or things
owned, acquired or alienated in whole or in part by
him or any person acting on his behalf that are
relevant to the subject-matter of the investigation,
and for the purposes of the inquiry, the person making the
investigation has the powers of a commission under Part II of
The Public Inquiries Act, 1971, which Part applies to such i^'i, c. 49
inquiry as if it were an inquiry under that Act.
(3) No person shall obstruct a person appointed to make ot)structioii
an investigation under this section or withhold from him or investigator
conceal or destroy any books, papers, documents or things
relevant to the subject-matter of the investigation.
(4) Where a provincial judge is satisfied, upon an ex Parte f^^^J^^^^
application by the person making an investigation under this
section, that the investigation has been ordered and that such
person has been appointed to make it and that there is
reasonable ground for believing there are in any building,
dwelling, receptacle or place any books, papers, documents or
things relating to the person whose affairs are being
investigated and to the subject-matter of the investigation,
the provincial judge may, whether or not an inspection has
been made or attempted under clause a of subsection 2,
issue an order authorizing the person making the investigation,
together with such police officer or officers as he calls upon to
assist him, to enter and search, if necessary by force, such
building, dwelling, receptacle or place for such books, papers,
documents or things and to examine them, but every such
entry and search shall be made between sunrise and sunset
unless the provincial judge, by the order, authorizes the person
making the investigation to make the search at night.
(5) Any person making an investigation under this section ^o^g^g^ °^
may, upon giving a receipt therefor, remove any books,
papers, documents or things examined under clause a of
subsection 2 or subsection 4 relating to the person whose
101
14
Certified
copies
affairs are being investigated and to the subject-matter
of the investigation for the purpose of making copies of
such books, papers or documents, but such copying shall be
carried out with reasonable dispatch and the books, papers or
documents in question shall be promptly thereafter returned
to the person whose affairs are being investigated.
(6) Any copy made as provided in subsection 5 and certified
to be a true copy by the person making the investigation is
admissible in evidence in any action, proceeding or prosecution
AS prima facie proof of the original book, paper or document and
its contents.
Ap;
of «
expert
(7) The Minister or Director may appoint any expert
to examine books, papers, documents or things examined
under clause a of subsection 2 or under subsection 4.
Matters
confidential
18. — (1) Every person employed in the administration of
this Act, including any person making an inquiry, inspection
or an investigation under section 15, 16 or 17 shall preserve
secrecy in respect of all matters that come to his knowledge
in the course of his duties, employment, inquiry, inspection or
investigation and shall not communicate any such matters to
any other person except,
{a) as may be required in connection with the administra-
tion of this Act and the regulations or any proceedings
under this Act or the regulations ; or
(6) to his counsel ; or
(c) with the consent of the person to whom the information
relates.
Testimony
in civil
suit
(2) No person to whom subsection 1 applies shall be
required to give testimony in any civil suit or proceeding
with regard to information obtained by him in the course of
his duties, employment, inquiry, inspection or investigation
except in a proceeding under this Act or the regulations.
Service
Idem
19. — (1) Any notice or order required to be given, de-
livered or served under this Act or the regulations is suffi-
ciently given, delivered or served if delivered personally or
sent by registered mail addressed to the person to whom
delivery or service is required to be made at his last-known
address except that a notice under section 10, 12 or 14 is
sufficiently given if sent by ordinary mail.
(2) Where service is made by mail, the service shall be
deemed to be made on the third day after the day of mail-
101
15
ing unless the person on whom service is being made
estabhshes that he did not, acting in good faith, through
absence, accident, illness or other cause beyond his control
receive the notice or order until a later date.
20. — (1) Where it appears to the Director that any person ^j'training
does not comply with any provision of this Act, the regulations
or an order made under this Act, notwithstanding the
imposition of any penalty in respect of such non-compliance
and in addition to any other rights he may have, the
Director may apply to a judge of the High Court for an
order directing such person to comply with such provision,
and upon the application, the judge may make such order or
such other order as the judge thinks fit.
(2) An appeal lies to the Supreme Couirt from an order made Appeal
under subsection 1 .
21. No person shall knowingly supply false or niisleading j^^8ej^j^j.jQj^
information to another who is engaged in making a consumer
report.
22. — (1) Every person who, Oflfences
(a) knowingly, furnishes false information in any appli-
cation under this Act or in any statement or return
required to be furnished under this Act or the
regulations ;
(6) fails to comply with any order, direction or other
requirement made under this Act ; or
(c) contravenes any provision of this Act or the
regulations,
and every director or officer of a corporation who knowingly
concurs in such furnishing, failure or contravention is guilty of
an offence and on summary conviction is liable to a fine of not
more than $2,000 or to imprisonment for a term of not more
than one year, or to both.
(2) Where a corporation is convicted of an offence under corporations
subsection 1, the maximum penalty that may be imposed
upon the corporation is $25,000 and not as provided therein.
(3) No proceeding under clause a of subsection 1 shall be ^^'"****^°'*
commenced more than one year after the facts upon which the
proceeding is based first came to the knowledge of the
Director.
101
16
Idem
Certificate
as evidence
Proof of
Minister's
signature
(4) No proceeding under clause 6 or c of subsection 1 shall
be commenced more than two years after the time when
the subject-matter of the proceeding arose.
23. — (1) A statement as to,
(a) the registration or non-registration of any person ;
{b) the filing or non-filing of any document or material
required or permitted to be filed with the Registrar ;
(c) the time when the facts upon which proceedings are
based first came to the knowledge of the Director ; or
{d) any other matter pertaining to such registration,
non-registration, filing or non-filing,
purporting to be certified by the Director is, without proof
of the office or signature of the Director, receivable in evidence
as prima facie proof of the facts stated therein for all purposes
in any action, proceeding or prosecution.
(2) Any document under this Act purporting to be signed
by the Minister, or any certified copy thereof, is receivable
in evidence in any action, prosecution or other proceeding as
prima facie proof that the document is signed by the Minister
without proof of the office or signature of the Minister.
Regulations 24. The Lieutenant Governor in Council may make
regulations,
{a) exempting any class of persons from this Act or the
regulations or any provision thereof ;
(6) governing applications for registration or renewal of
registration and prescribing terms and conditions of
registration ;
(c) requiring the payment of fees on application for
registration or renewal of registration, and prescribing
the amounts thereof ;
{d) requiring registered consumer reporting agencies to
be bonded in such form and terms and with such
collateral security as are prescribed, and providing
for the forfeiture of bonds and the disposition of the
proceeds ;
{e) prescribing further procedures respecting the con-
duct of matters coming before the Tribunal ;
101
17
(/) requiring and governing the books, accounts and
records relating to the due compliance with the
provisions of this Act that shall be kept by consumer
reporting agencies ;
(g) prescribing information that may not be reported
by a consumer reporting agency or contained in its
files;
{h) prescribing information that must be contained in a
consumer report ;
{i) requiring consumer reporting agencies to make returns
and furnish information to the Registrar ;
{j) prescribing forms for the purposes of this Act and
providing for their use ;
(k) requiring any information required to be furnished or
contained in any form or return to be verified by
affidavit.
25. — (1) Notwithstanding any provision of this Act, a ^j^^^l^^^^^®
Consumer reporting agency is not required to disclose the before Act
Source of any information acquired before this Act comes
Into force.
(2) This section is repealed on the 1st day of July, 1975. ^c^fon"^
26. This Act comes into force on a day to be named by ^° nJ"®°°®'
le Lieutenant Governor by his proclamation.
27. This Act may be cited as The Consumer Reporting ^^°^^^^^^
id, 1973.
101
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BILL 102 Private Member's Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Consumer Protection Act
Mr. Burr
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
The Bill removes the practice of calculating the cost of borrowing
on the previous monthly balance in a variable credit transaction.
The average daily balance is to be used instead.
102
]ILL 102 1973
An Act to amend The Consumer Protection Act
1ER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
lows:
1. — (1) Subsection 1 of section 37 of The Consumer Pi^otection^-^^^2cteid.
Act, being chapter 82 of the Revised Statutes of Ontario,
1970, is repealed and the following substituted therefor:
(1) In this section, Stfo^®'
(a) "average daily balance" means the average of the
daily amounts outstanding in the borrower's ac-
count during a period determined by adding the
balance outstanding for each day of the period and
dividing the sum thereof by the number of days in
the period ;
{b) "period" means a period of time of not less than four
weeks and not more than five weeks in duration.;
(c) "previous balance method" means that method by
which the cost of borrowing for a period is deter-
mined by multiplying the unpaid balance at the
end of the previous period, not including purchases
and credits during the current period, by the per-
centage rate by which the cost of borrowing is ex-
pressed as prescribed by the regulations.
(2) The said section 37 is amended by adding thereto thelj^'^-^j^g^j
following subsections :
(3) Notwithstanding subsection 2, where a lender is ex-A^^l^age
tending variable credit the method of determining the cost balance
of borrowing during each period shall be based on the average used
daily balance.
(4) No lender who is extending variable credit shall use^^®^°^^
the previous balance method. ™^hiwt d
102
2
Commence- 2. This Act comes into force on the day it receives Royal Assent
Short title 3, This Act may be cited as The Consumer Protection Amendm^
Act, 1973.
102
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BILL 103 Private Member's Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Business Corporations Act
Mr. Roy
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
The purpose of this Bill is to prevent corporations from forcing
persons to submit their finger prints in exchange for the right to shop
at stores owned by the corporation.
103
lELL 103 1973
A.n Act to amend The Business Corporations Act
r;R MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
ows:
1. The Business Corporations Act, being chapter 53 of the Revised|^^^|o*.
Statutes of Ontario, 1970, is amended by adding thereto the
following sections :
20a. — (1) Subject to subsection 2, no corporation shall Fi^iser
require a person to submit a finger print as part of a contract prohibited
for goods or services supplied by the corporation.
(2) A corporation may require a finger print to be sub-^''®P'^°°
mitted by a person where,
{a) payment for the goods and services supplied by the
corporation is to be by means of a cheque ; and
{h) the person is not able to supply any other form of
identification other than a finger print.
(3) Where a finger print is required under subsection Notice to
I 2, the corporation requiring the finger print shall post a sign
■ on the outside or entrance way to the corporation sufficient
to notify a person before he begins to contract for goods or
services that a finger print may be required.
206. — (1) Where a finger print is submitted under sub- verification
section 2 of section 20a, the finger print shall be used only
to verify the identification of the person submitting the
finger print and shall be returned to that person after the
verification has been made.
(2) No copy either by photocopying, Xerox or any other No^°g°^*|^^
means of copying shall be made of a finger print submitted
under subsection 2 of section 20a.
5. This Act comes into force on the day it receives Royal Assent. m°e^™^°^^
►. This Act may be cited as The Business Corporations Amendment^^°^^^^^^^
Act, 1973.
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BILL 104 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Law Society Act
The Hon. D. A. Bales
Attorney General
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
Section 1 . Four lay persons are added to the benchers, to be appointed
by the Lieutenant Governor in Council.
Section 2. The Law Society Council is abolished, but an annual
meeting of representatives of the benchers, county law associations and
law schools is retained.
104
;ILL 104 1973
An Act to amend The Law Society Act
JER MAJESTY, by and with the advice and consent of the
^ Legislative Assembly of the Province of Ontario, enacts as
lUows :
1. The Law Society Act, being chapter 238 of the Revised Statutes Ij^^^a^^^
of Ontario, 1970, is amended by adding thereto the following
section :
: 23a. — (1) The Lieutenant Governor in Council may appoint ^^^^j^^^'g^^
1 four persons who are not members to be benchers of whom by
two shall be persons ordinarily resident in The Municipality
of Metropolitan Toronto and two shall be persons ordinarily
resident in Ontario outside of The Municipality of Metro-
politan Toronto, and each person so appointed has all the
rights and privileges of an elected bencher.
(2) The appointment of every person appointed under sub-^piration
section 1 expires at the first regular Convocation following ment
the election of benchers held next after the effective date of
his appointment, and a person whose appointment expires
is eligible for reappointment.
2. Section 26 of the said Act is repealed and the following sub- ^^26^^^^^^
stituted therefor :
26. The Treasurer shall convene a meeting in each year'^®^**'^^
consisting of,
(a) the chairman and the vice-chairman of each stand-
ing committee ;
[h) the president of each county or district law association,
or his nominee, being a member of his association ;
and
(c) one member who is a full-time teacher at each
law school in Ontario approved by the Society, to be
appointed annually by the faculty of the law school,
104
ss. 51a to51/j,
enacted
I
to consider the manner in which the members of the Socie
are discharging their obhgations to the pubhc and genera
matters affecting the legal profession as a whole.
3. The said Act is further amended by adding thereto the followi
sections :
LAW FOUNDATION
Interpre-
tation
Foundation
established
51«. In this section and in sections 51&, 51c, 51d, 51^, 5
51^and51A,
(a) "board" means the board of trustees of the Founc
tion;
(b) "Foundation" means The Law Foundation est;
lished under section 51b;
(c) "trustee" means a trustee of the board.
516. — (1) There is hereby established a corporation wii
out share capital under the name of "The Law Foundatioi
which shall consist of the trustees for the time being of t
board.
Application
ofR.S.O.
1970, c. 89
Board of
trustees
Quorum
Vacancies
Remunera-
tion
Audit
Annual
report
(2) The Corporations Act does not apply to the Foundati(
51c. — (1) The affairs of the Foundation shall be mana^
and controlled by a board of trustees consisting of f
trustees of whom two shall be appointed by the Attorr
General and three shall be appointed by the Society.
(2) Three trustees constitute a quorum.
(3) Where there are not more than two vacancies in '
membership of the board, the remaining trustees constit'
the board for all purposes.
(4) The trustees shall serve without remuneration, but e;
trustee is entitled to receive his actual disbursements
expenses incurred for any services rendered by him at
direction of the board.
(5) The accounts and financial transactions of the Foun
tion shall be audited annually by an auditor or audit;;
appointed by the board.
(6) The board shall make a report annually to the Attoriv
General on the activities of the Foundation, including t
report of the auditor under subsection 5, and the Attoriv
General shall lay the report before the Assembly if it is
session or, if not, at the next ensuing session.
104
Section 3. The Law Foundation is established for the purpose of
receiving the interest on mixed trust accounts and applying it to certain
public purposes.
104
51^. — (1) The objects of the Foundation are to establish o^j^''*^
and maintain a fund to be used for any or all of the following
purposes :
1. Legal education and legal research.
2. Legal aid.
3. The establishment, maintenance and operation of
law libraries.
(2) The funds of the Foundation shall be derived from, ofTund"°°
(a) moneys received from members under section 51/;
{b) gifts, bequests and devises referred to in section 51e;
and
(c) moneys resulting from the use, disposal or invest-
ment of property received under clauses a and b.
(3) The board shall apply the funds of the Foundation ^^P^i^cation
for such of its purposes as the board considers appropriate
but at least 75 per cent of the revenue received in each year
under clause a of subsection 2 shall be paid to the Legal Aid
Fund established under The Legal Aid Act. Rgo- i^^o,
51^. — (1) In addition to the powers and privileges mentioned 1°^®^°^^^^^
in section 26 of The Interpretation Act, the Foundation has„„^,„„
power, C.225
{a) to invest the funds of the Foundation in such classes
of securities as trustees are authorized to invest
trust funds ;
{b) to pay out of the funds of the Foundation the costs,
charges and expenses necessarily incurred in the
administration of the Foundation and in carrying
out its objects;
(c) to enter into agreements with any person and pay
and apply any of its funds for the implementation
of its objects.
(2) The Foundation has power to receive gifts, bequests ^ifts,
and devises of property, real or personal, and to hold, use etc.
or dispose of such property in furtherance of the objects of the
Foundation, subject to the terms of any trust affecting the
same.
104
Idem
Powers of
the board
(3) Any form of words is sufficient to constitute a gift
bequest or devise to the Foundation so long as tfie persoi
making the gift, bequest or devise indicates an intention t
contribute presently or prospectively to the Foundation.
(4) The board may pass by-laws not contrary to this Ac
to achieve the objects of the Foundation and to regulate ani
govern its procedure and the conduct and administration c
the affairs of the Foundation.
Trust funds
to bear
Interest
Interest
In trust
51/.— (1) Every member who holds money in trust for or o
account of more than one client in one fund shall hold th
money in an interest bearing account at a chartered bank c
registered trust company.
(2) The interest accruing on money held in an accour
referred to in subsection 1 shall be deemed to be held in trm
for the Foundation.
Payment of
Interest to
Foundation
(3) Every member to whom subsection 1 applies shall,
(a) file reports with the Foundation as to the interes
referred to in subsection 2 ; and
Immunity
(b) remit to the Foundation all interest moneys referral
to in subsection 2,
in the manner and at the times prescribed by the regulation:
(4) Subject to subsection 5, a member is not liable, wheth(
as solicitor or as trustee, to account to any person as clier
or as settlor or beneficiary of the trust other than the Found;
tion, for interest on moneys held under subsection 1.
Exceptions
(5) Nothing in this section shall be deemed to affect,
(a) any arrangement in writing between a member an
the person for whom he holds money in trust as to tli
disposition of the interest accruing thereon ; or
(b) any entitlement to the interest accruing on nione
held in trust in an account separate from any oth(
money.
Application
of section
(6) This section applies in respect of interest on tru:|
accounts accruing after this section comes into force and i'
respect of interest on trust accounts accruing before th}
section comes into force and undisposed of on the 30th day ij
April, 1973.
104
51^. — (1) The Society shall in each year report to the|eportby
Foundation the name and office or residence address shown
by the records of the Society of every member who files a
report with the Society that shows the member holds money
on deposit in a trust account for or on account of clients.
(2) The Foundation may require a member whose name is Member ^
contained in a report by the Society under subsection 1 to
file a report with the Foundation stating whether or not the
member has received or been credited with interest on moneys
held by him in a trust account for or on account of clients.
51h. Subject to the approval of the Lieutenant Governor Regulations
in Council, the board may make regulations,
I (a) governing the form, content and filing of the reports
I required under section 51/;
/ (b) governing the time and manner of remitting the
"i interest moneys referred to in section 51/ to the
Foundation ;
* (c) prescribing the form and the time of filing of reports
required under section 51^.
4. — (1) This Act, except section 3, comes into force on the day^Og™^®'^'^®-
it receives Royal Assent.
(2) Section 3 comes into force on the 1st day of July, 1973. ^^^^
5. This Act may be cited as The Law Society Amendment ^c/, short title
1973.
104
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BILL 104 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
I
An Act to amend The Law Society Act
The Hon. D. A. Bales
Attorney General
{Reprinted as amended by the Committee of the Whole House)
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
Section 1. Four lay persons are added to the benchers, to be appointed
by the Lieutenant Governor in Council.
Section 2. The Law Society Council is abolished, but an annual
meeting of representatives of the benchers, county law associations and
law schools is retained.
104
ILL 104 1973
I An Act to amend The Law Society Act
TER MAJESTY, by and with the advice and consent of the
[1 Legislative Assembly of the Province of Ontario, enacts as
lows:
1, The Law Society Act, being chapter 238 of the Revised Statutes Inacted
of Ontario, 1970, is amended by adding thereto the following
section :
23«. — (1) The Lieutenant Governor in Council may appoint ^^^^^j^^g^^j
four persons who are not members to be benchers of whom by .
two shall be persons ordinarily resident in The Municipality
of Metropolitan Toronto and two shall be persons ordinarily
resident in Ontario outside of The Municipality of Metro-
politan Toronto, and each person so appointed has all the
rights and privileges of an elected bencher.
(2) The appointment of every person appointed under sub- Expiration
section 1 expires at the first regular Convocation following ment
the election of benchers held next after the effective date of
j his appointment, and a person whose appointment expires
I is eligible for reappointment.
2. Section 26 of the said Act is repealed and the following sub- ^^26^^^^^^
stituted therefor :
26. The Treasurer shall convene a meeting in each year'^®®''^"^
consisting of,
[6r> {a) the chairman and the vice-chairman of each stand-
ing committee ;
{h) the president of each county or district law association,
or his nominee, being a member of his association;
and
(c) one member who is a full-time teacher at each
law school in Ontario approved by the Society, to be
appointed annually by the faculty of the law school,
104
8S. 51a to51fe,
enacted
to consider the manner in which the members of the Societ
are discharging their obhgations to the pubhc and general!
matters affecting the legal profession as a whole.
3. The said Act is further amended by adding thereto the followii
sections :
THE LAW FOUNDATION OF ONTARIO
Interpre-
tation
Foundation
established
51a. In this section and in sections 5lb, 51c, 51^, 51^, 51
51^ and 51^,
(a) "board" means the board of trustees of the Found
tion;
{b) "Foundation" means The Law Foundation of Ontai
established under section 5lb;
(c) "trustee" means a trustee of the board.
516. — (1) There is hereby established a corporation wit
out share capital under the name of "The Law Foundation
Ontario", which shall consist of the trustees for the time beii
oi tlir board.
Application
ofR.S.O.
1970, c. 89
Board of
trustees
Quorum
Vacancies
Remunera-
tion
(2) The Corporations Act does not apply to the Foundatic
51c. — (1) The affairs of the Foundation shall be manag
and controlled by a board of trustees consisting of fi
trustees of whom two shall be appointed by the Attorn
General and three shall be appointed by the Society.
(2) Three trustees constitute a quorum.
(3) Where there are not more than two vacancies in t
membership of the board, the remaining trustees constiti
the board for all purposes.
(4) The trustees shall serve without remuneration, but ea
trustee is entitled to receive his actual disbursements
expenses incurred for any services rendered by him at 1
direction of the board.
Audit
Annual
report
(5) The accounts and financial transactions of the Foum
tion shall be audited annually by an auditor or audit -
appointed by the board.
(6) The board shall make a report annually to the Attorr /
General on the activities of the Foundation, including f
report of the auditor under subsection 5, and the Atton*'
General shall lay the report before the Assembly if it i-
session or, if not, at the next ensuing session.
104
Section 3. The Law Foundation of Ontario is established for the
purpose of receiving the interest on mixed trust accounts and applying it to
certain public purposes.
104
51d. — (1) The objects of the Foundation are to establish objects
and maintain a fund to be used for any or all of the following
purposes :
1. Legal education and legal research.
2. Legal aid.
3. The establishment, maintenance and operation of
law libraries.
(2) The funds of the Foundation shall be derived from, Derivation
^ ' ' of funds
{a) moneys received from members under section 51/;
{b) gifts, bequests and devises referred to in section 51^;
and
(c) moneys resulting from the use, disposal or invest-
ment of property received under clauses a and b.
(3) The board shall apply the funds of the Foundation ^^PPi^cation
for such of its purposes as the board considers appropriate
but at least 75 per cent of the net revenue received in each year
under clause a of subsection 2 shall be paid to the Legal Aid
Fund established under The Leeal A id A ct. Rso. i97o.
° c. 239
51^. — (1) In addition to the powers and privileges mentioned Powers of^^
in section 26 of The Interpretation Act, the Foundation has
^ R.S.0. 1970,
power, C.225
(a) to invest the funds of the Foundation in such classes
of securities as trustees are authorized to invest
trust funds ;
(b) to pay out of the funds of the Foundation the costs,
charges and expenses necessarily incurred in the
administration of the Foundation and in carrying
out its objects;
(c) to enter into agreements with any person and pay
and apply any of its funds for the implementation
of its objects.
(2) The Foundation has power to receive gifts, bequests Gifts,
and devises of property, real or personal, and to hold, use etc.
or dispose of such property in furtherance of the objects of the
Foundation, subject to the terms of any trust affecting the
same.
104
Idem
Powers of
the board
(3) Any form of words is sufficient to constitute a gift
bequest or devise to the Foundation so long as the persoi
making the gift, bequest or devise indicates an intention t^
contribute presently or prospectively to the Foundation.
(4) The board may pass by-laws not contrary to this Ac
to achieve the objects of the Foundation and to regulate an(
govern its procedure and the conduct and administration o
the affairs of the Foundation.
Trust funds
to bear
interest
Interest
in trust
51/ — (1) Every member who holds money in trust for or oi
account of more than one client in one fund shall hold th
money in an account at a chartered bank, provincial saving
office or registered trust company, bearing interest at a rat
approved by the trustees. "^R
(2) The interest accruing on money held in an accoun
referred to in subsection 1 shall be deemed to be held in tnis
for the Foundation.
(3) Every member to whom subsection 1 applies shall,
(a) file reports with the Foundation as to the interes
referred to in subsection 2 ; and
{b) remit or cause to be remitted to the Foundation al
interest moneys referred to in subsection 2,
in the manner and at the times prescribed by the regulations
Immunity
(4) Subject to subsection 5, a member is not liable, whethe
as solicitor or as trustee, to account to any person as clien
or as settlor or beneficiary of the trust other than the Founda
tion, for interest on moneys held under subsection 1.
Exceptions
(5) Nothing in this section shall be deemed to affect,
(a) any arrangement in writing between a member anc
the person for whom he holds money in trust as to th(
disposition of the interest accruing thereon ; or
{b) any entitlement by a client to the interest accruing
on money held in trust in an account separate fron
any other money.
Report by
Society
51g. — (1) The Society shall in each year report to tb
Foundation the name and office or residence address showi
by the records of the Society of every member who files ;
report with the Society that shows the member holds mone^
on deposit in a trust account for or on account of clients.
104
(2) The Foundation may require a member whose name is Report by
contained in a report by the Society under subsection 1 to
file a report with the Foundation stating whether or not the
member has received or been credited with interest on moneys
held by him in a trust account for or on account of clients.
51^. Subject to the approval of the Lieutenant Governor Regulations
in Council, the board may make regulations,
{a) governing the form, content and filing of the reports
required under section 51/;
(b) governing the time and manner of remitting the
interest moneys referred to in section 51/ to the
Foundation ;
(c) prescribing the form and the time of filing of reports
required under section 5lg.
4r. — (1) This Act, except section 3, comes into force on the day ^o'^^®"^®'
it receives Royal Assent.
P" (2) Section 3 comes into force on a day to be nanKHl by wem
the Lieutenant Governor by his proclamation. ^Wi
5. This Act may be cited as The Law Society Amendment Act, short title
1973.
104
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BILL 104
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Law Society Act
The Hon. D. A. Bales
Attorney General
TORONTO
Printed and Published by the Queen's Printer and Publisher
1:;./
;LL 104 1973
An Act to amend The Law Society Act
ER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
ws:
The Law Society Act, being chapter 238 of the Revised Statutes exacted
of Ontario, 1970, is amended by adding thereto the following
section :
23a. — (1) The Lieutenant Governor in Council may appoint ^^"^j^jj^^'g^^
four persons who are not members to be benchers of whom by
two shall be persons ordinarily resident in The Municipality
of Metropolitan Toronto and two shall be persons ordinarily
resident in Ontario outside of The Municipality of Metro-
politan Toronto, and each person so appointed has all the
rights and privileges of an elected bencher.
(2) The appointment of every person appointed under sub- Expiration
section 1 expires at the first regular Convocation following ment
the election of benchers held next after the effective date of
his appointment, and a person whose appointment expires
is eligible for reappointment.
Section 26 of the said Act is repealed and the following sub- ^^26^^^^^^
stituted therefor :
26. The Treasurer shall convene a meeting in each year^^®^'"^
consisting of,
[a) the chairman and the vice-chairman of each stand-
ing committee;
(6) the president of each county or district law association ,
or his nominee, being a member of his association;
and
IP
■MB
one member who is a full-time teacher at each
law school in Ontario approved by the Society, to be
appointed annually by the faculty of the law school.
104
ss. 51a to 51/1,
enacted
to consider the manner in which the members of the Socie
are discharging their obHgations to the pubHc and genera
matters affecting the legal profession as a whole.
3. The said Act is further amended by adding thereto the followi
sections :
THE LAW FOUNDATION OF ONTARIO
Interpre-
tation
Foundation
established
51a. In this section and in sections 51b, 51c, 5ld, 51^, 5
51^and51A,
(a) "board" means the board of trustees of the Foum
tion;
(b) "Foundation" means The Law Foundation of Onta
established under section 516 ;
(c) "trustee" means a trustee of the board.
51b. — (1) There is hereby established a corporation wi
out share capital under the name of "The Law Foundatiorj
Ontario", which shall consist of the trustees for the time bej
of the board.
Application
ofR.S.O.
1970. c. 89
Board of
trustees
(2) The Corporations Act does not apply to the Foundati
51c. — (1) The affairs of the Foundation shall be manai
and controlled by a board of trustees consisting of l|f
trustees of whom two shall be appointed by the Attori|>
General and three shall be appointed by the Society. I
Quorum
Remunera-
tion
(2) Three trustees constitute a quorum.
(3) Where there are not more than two vacancies in
membership of the board, the remaining trustees constit
the board for all purposes.
(4) The trustees shall serve without remuneration, but el
trustee is entitled to receive his actual disbursements )i
expenses incurred for any services rendered by him at
direction of the board.
Audit
Annual
report
(5) The accounts and financial transactions of the Foui t
tion shall be audited annually by an auditor or audi r:
appointed by the board.
(6) The board shall make a report annually to the Attoij!>
General on the activities of the Foundation, including ji^
report of the auditor under subsection 5, and the Attoii'.V
General shall lay the report before the Assembly if it ijin
session or, if not, at the next ensuing session.
104
51^. — (1) The objects of the Foundation are to estabHshO'^J^'^^^s
and maintain a fund to be used for any or all of the following
purposes :
1. Legal education and legal research.
2. Legal aid.
3. The establishment, maintenance and operation of
law libraries.
(2) The funds of the Foundation shall be derived from, omnd"''"
(a) moneys received from members under section 51/;
(b) gifts, bequests and devises referred to in section 51e;
and
(c) moneys resulting from the use, disposal or invest-
ment of property received under clauses a and b.
(3) The board shall apply the funds of the Foundation ^P^pi^cation
for such of its purposes as the board considers appropriate
but at least 75 per cent of the net revenue received in each year
under clause a of subsection 2 shall be paid to the Legal Aid
Fund established under The Legal Aid Act. ^fi?' ^^'°'
51^. — (1) In addition to the powers and privileges ntientioned^°^®^|°/,^
in section 26 of The Interpretation Act, the Foundation has
power, c.'225'
{a) to invest the funds of the Foundation in such classes
of securities as trustees are authorized to invest
trust funds ;
{b) to pay out of the funds of the Foundation the costs,
charges and expenses necessarily incurred in the
administration of the Foundation and in carrying
out its objects;
(c) to enter into agreements with any person and pay
and apply any of its funds for the implementation
of its objects.
(2) The Foundation has power to receive gifts, bequests Gifts,
and devises of property, real or personal, and to hold, use etc.
or dispose of such property in furtherance of the objects of the
Foundation, subject to the terms of any trust affecting the
same.
104
Idem
(3) Any form of words is sufficient to constitute a gift,
bequest or devise to the Foundation so long as the person
making the gift, bequest or devise indicates an intention to
contribute presently or prospectively to the Foundation.
Powers of
the board
(4) The board may pass by-laws not contrary to this Act
to achieve the objects of the Foundation and to regulate and
govern its procedure and the conduct and administration of
the affairs of the Foundation.
Trust funds
to bear
Interest
Interest
in trust
51/. — (1) Every member who holds money in trust for or on
account of more than one client in one fund shall hold the
money in an account at a chartered bank, provincial savings
office or registered trust company, bearing interest at a rate
approved by the trustees.
(2) The interest accruing on money held in an account
referred to in subsection 1 shall be deemed to be held in trust
for the Foundation.
Immunity
Exceptions
(3) Every member to whom subsection 1 applies shall,
{a) file reports with the Foundation as to the interest
referred to in subsection 2 ; and
{b) remit or cause to be remitted to the Foundation all'
interest moneys referred to in subsection 2,
in the manner and at the times prescribed by the regulations.
(4) Subject to subsection 5, a member is not liable, whethei
as solicitor or as trustee, to account to any person as client
or as settlor or beneficiary of the trust other than the Founda-
tion, for interest on moneys held under subsection 1.
(5) Nothing in this section shall be deemed to affect,
(a) any arrangement in writing between a member and
the person for whom he holds money in trust as to t>i'
disposition of the interest accruing thereon ; or
{b) any entitlement by a client to the interest accruing;
on money held in trust in an account separate iron
any other money.
Report by
Society
51g. — (1) The Society shall in each year report to th*
Foundation the name and office or residence address showi
by the records of the Society of every member who files ;
report with the Society that shows the member holds mone]
on deposit in a trust account for or on account of clients.
104
(2) The Foundation may require a member whose name is Report by
wiGnibGr
contained in a report by the Society under subsection 1 to
file a report with the Foundation stating whether or not the
member has received or been credited with interest on moneys
held by him in a trust account for or on account of clients.
51h. Subject to the approval of the Lieutenant Governor Regulations
in Council, the board may make regulations,
{a) governing the form, content and filing of the reports
required under section 51/;
(b) governing the time and manner of remitting the
interest moneys referred to in section 51/ to the
Foundation ;
(c) prescribing the form and the time of filing of reports
required under section 51^.
4. — (1) This Act, except section 3, comes into force on the day commence-
^ ' . . T-» 1 A ment
it receives Royal Assent.
(2) Section 3 comes into force on a day to be named by i^em
the Lieutenant Governor by his proclamation.
5. This Act may be cited as The Law Society Amendment Act, short title
1973.
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BILL 105 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Legal Aid Act
The Hon. D. A. Bales
Attorney General
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
Payments by the Law Foundation out of interest accruing on mixed
trust accounts of lawyers is added to the revenues of the Legal Aid Fund.
This Bill is complementary to a Bill to amend The Law Society Ad.
105
IILL 105 1973
An Act to amend The Legal Aid Act
l^^gislative Assembly of the Province of Ontario, enacts as
( ows :
1. Clause a of subsection 1 of section 5 of The Legal Aid Act ,^^^^^^^1'
being chapter 239 of the Revised Statutes of Ontario, 1970, is
amended by inserting after "Fund" in the third line "all
moneys payable by the Law Foundation".
2. This Act comes into force on the 1st day of July, 1973. m°e^t"^'^^^'
?. This Act may be cited as The Legal Aid Amendment Act, /97J. short title
105
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BILL 105 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Legal Aid Act
The Hon. D. A. Bales
Attorney General
[Reprinted as amended by the Committee of the Whole House)
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
Payments by the Law Foundation out of interest accruing on mixed
trust accounts of lawyers is added to the revenues of the Legal Aid Fund.
This Bill is complementary to a Bill to amend The Law Society Act.
105
;ILL 105 1973
An Act to amend The Legal Aid Act
iER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
Hows :
1. Clause a of subsection 1 of section 5 of The Legal Aid Act ,^^^'^2dSl'
being chapter 239 of the Revised Statutes of Ontario, 1970, is
amended by inserting after "Fund" in the third line "all
moneys payable by the Law Foundation of Ontario".
2. This Act comes into force on a day to be named by the ^"p'^^^"^^"
Lieutenant Governor by his proclamation. "IPl
!
3. This Act may be cited as The Legal Aid Amendment Act, 1973. short title
105
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BILL 105
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Legal Aid Act
The Hon. D. A. Bales
Attorney General
TORONTO
Printed and Published by the Queen's Printer and Publisher
ILL 105 1973
An Act to amend The Legal Aid Act
Iter majesty, by and with the advice and consent of the
[1 Legislative Assembly of the Province of Ontario, enacts as
lows :
1. Clause a of subsection 1 of section 5 of The Legal Aid ^d ,^,^^^6.^1'
being chapter 239 of the Revised Statutes of Ontario, 1970, is
amended by inserting after "Fund" in the third line "all
moneys payable by the Law Foundation of Ontario".
2. This Act comes into force on a day to be named by the^°'^J"®"'^®"
Lieutenant Governor by his proclamation.
3. This Act may be cited as The Legal Aid Amendment Act, 1973. short title
105
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BILL 106 Private Member's Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Ministry of
Community and Social Services Act
Mrs. Scrivener
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
The purpose of the Bill is to promote the strengthening of the family
unit in our society.
106
BILL 106 1973
An Act to amend The Ministry of
Community and Social Services Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
ollows :
1. The Ministry of Community and Social Services Act, beings- 6/.
chapter 120 of the Revised Statutes of Ontario, 1970, is
amended by adding thereto the following section :
I 6/ The Minister shall, mnilte°/
(a) institute inquiries into and collect information and
' statistics relating to or affecting any matter for the
provision or promotion of the family in Ontario
j including studies respecting,
I (i) day care,
(ii) the role of the family in child development,
(iii) multiple family units in public housing,
(iv) birth control,
j (v) the problems of the single parent,
(vi) mothers' allowances, and
(vii) the role of women in society as related to the
development of the child in the family ;
(6) disseminate from time to time information, in such
manner and form as he considers suitable, for the
promotion of the family in Ontario ; and
(c) direct any officer of the Ministry or any other person
to investigate and inquire into and report to him
106
upon any activity, matter, agency, organization
association or institution having for any of its object;
or relating to or affecting the promotion of the familj
in Ontario and that is not under the jurisdictior
of any other ministry of the pubhc service of Ontario
Commence- 2. This Act comes into force on the day it receives Royal Assent.
Short title 3^ jjiis Act may be cited as The Ministry of Community am
Social Services Amendment Act, 1973.
106
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BILL 107 Government Bill
I
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Assessment Act
The Hon. A. Grossman
Minister of Revenue
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
The Bill will provide a complete exemption for lands held in trust
for a band or body of Indians even where such lands are occupied by
those who are not members of a band or body of Indians.
Amendments are also proposed that will restore an exemption for the
plant and machinery of telephone and telegraph companies which are now
taxed under The Municipal Act on their gross profits.
Certain minor changes are proposed to the census procedure under
the Act, and to the provisions for assessing and taxing the profits of mining
operations.
Section 1. — Subsection 1. The amendment removes the words that
restrict the exemption of lands held for a band or body of Indians. The
exemption will now apply to all Indian lands regardless of who occupies them.
Subsection 2. The amendment restores to The Assessment Act the
substance of the exemption from property tax for the plant and machinery
of telegraph and telephone companies, who are now taxed on their gross
profits under The Municipal Act. This exemption was formerly given by
subsection 13 of section 8 of The Assessment Act, which was repealed when
the provisions respecting the taxation of telephone and telegraph companies
were transferred to The Municipal Act in 1972. This provision will be made
effective from January 1, 1973.
Section 2. The census period is shortened by requiring the census
to be performed by September 30th rather than by the second Tuesday
in October. This provision will not be brought into force until corresponding
amendments to The Municipal Elections Act, 1972 are made.
Section 3. The amendment provides that the Lieutenant Governor
by regulation may change the period during which the census required
by the Act is taken.
107
[LL 107 1973
I
An Act to amend The Assessment Act
P'.R MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
cDWs:
I. — (1) Paragraph 2 of section 3 of The Assessment Act, beings. 3,
chapter 32 of the Revised Statutes of Ontario, 1970, is amended
amended by striking out "but not if occupied by a person
who is not a member of a band or body of Indians" in the
first, second and third lines.
(2) The said section 3, as amended by the Statutes of Ontario, Ij^'ended
1971, chapter 79, section 2, is further amended by adding
thereto the following paragraph :
20. All the machinery, plant and appliances, wherever certain
■^ r r r property of
Situate, and all structures placed on, over, under or telephone and
affixed to any highway, lane or other public com- companies
munication, public place or water so long as such
machinery, plant, appliances or structures are used
by any telephone or telegraph company in connec-
tion with and as part of the operations of its telephone
or telegraph business, and in this paragraph "tele-
graph company" includes a person or association of
persons owning, controlling or operating a telegraph
system or line, but does not include a municipal
corporation owning, controlling or operating a tele-
graph system or line.
I Section 23 of the said Act, as re-enacted by the Statutes of 8.23.
1 -^ . i r\i^ 1 -i^r- ■ ^ • 111 .1. amended
Untario, 1972, chapter 125, section 6, is amended by striking
out "second Tuesday of October" in the third and fourth lines
and inserting in lieu thereof "30th day of September".
The said Act is amended by adding thereto the following section : |jj^^£e(j
23«. The Lieutenant Governor in Council may by regu- Alternative
,,. ... c ^ ^^ J J o period for
lation require that, m any part of Ontario where a census under taking of
section 23 is to be taken, the census, instead of being taken
8. 26 (2),
repealed
s. 26 (3),
amended
s. 27 (5),
amended
S.28
(1, 4-6, 8-11),
repealed
8.33(10),
amended
8. 55 (6),
amended
Commence-
ment
Idem
Idem
Short title
during the period provided for in section 23, shall be taki
during such other period in the year as is specified in t
regulation.
4. — (1) Subsection 2 of section 26 of the said Act is repealed.
(2) Subsection 3 of the said section 26 is amended by strikii
out "or 2" in the second line and by striking out "ai
the band or body of Indians for which it is held in trv
or any member thereof" in the fourth and fifth lines.
5.
Subsection 5 of section 27 of the said Act is amended by addi
at the end thereof "but this subsection does not apply to preve
a different assessment of any farm lands in any year in whi
a different assessment generally is made of lands in t
municipality in which the farm lands are situated".
6. Subsection 1, as re-enacted by the Statutes of Ontario, 19'
chapter 79, section 4, and subsections 4, 5, 6, 8, 9, 10 and 11
section 28 of the said Act are repealed.
7. Subsection 10 of section 33 of the said Act is amended
inserting after "lands" in the second line "other than lar
held in trust for a band or body of Indians".
8. Subsection 6 of section 55 of the said Act is amended by striki
out "in the book referred to in section 50" in the second line.
9. — (1) This Act, except sections 1, 2, 4, 5, 6 and 7, comes ii
force on the day it receives Royal Assent.
(2) Sections 1, 4, 5, 6 and 7 shall be deemed to have co
into force on the 1st day of January, 1973.
(3) Section 2 comes into force on a day to be named
the Lieutenant Governor by his proclamation.
10. This Act may be cited as The Assessment Amendment Act, 19
107
Section 4. The amendments repeal provisions taxing the occupation
of Indian lands by those who are not members of a band or body of
Indians, and are consequential on the amendment made by section 1 (1)
of the Bill.
Section 5. At present, where a farm assessment was appealed it
must remain fixed for two years after the assessment year appealed.
Notwithstanding this restriction, the amendment will allow the new assess-
ment of farm lands in a municipality where new market value assess-
ments are being returned generally.
Section 6 repeals provisions dealing with the taxing of mining profits
by municipalities, and the making of grants to mining municipalities.
Section 7. The amendment excepts lands held in trust for a band or
body of Indians from the provisions that deal with the liability to taxation
of pipelines on property exempt from taxation. This amendment is con-
sequential on the amendment in section 1 (1) of the Bill.
Skction 8, This aniendnunt removes a reference that is now un-
necessary because of the repeal of section 50 of The Assessment Act by
The Assessment Review Court Act, 1972.
107
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BILL 107 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Assessment Act
k
The Hon. A. Grossman
Minister of Revenue
{Reprinted as amended by the Committee of the Whole House)
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
The Bill will provide a complete exemption for lands held in trust
for a band or body of Indians even where such lands are occupied by
those who are not members of a band or body of Indians.
Amendments are also proposed that will restore an exemption for the
plant and machinery of telephone and telegraph companies which are now
taxed under The Municipal Act on their gross profits.
Certain minor changes are proposed to the census procedure under
the Act, and to the provisions for assessing and taxing the profits of mining
operations.
Section 1. — Subsection 1. The amendment removes the words that
restrict the exemption of lands held for a band or body of Indians. The
exemption will now apply to all Indian lands regardless of who occupies them.
Subsection 2. The amendment restores to The Assessment Act the
substance of the exemption from property tax for the plant and machinery
of telegraph and telephone companies, who are now taxed on their gross
profits under The Municipal Act. This exemption was formerly given by
subsection 13 of section 8 of The Assessment Act, which was repealed when
the provisions respecting the taxation of telephone and telegraph companies
were transferred to The Municipal Act in 1972. This provision will be made
effective from January 1, 1973.
Section 2. The census period is shortened by requiring the census
to be performed by September 30th rather than by the second Tuesday
in October. This provision will not be brought into force until corresponding
amendments to The Municipal Elections Act, 1972 are made.
Section 3. The amendment provides that the Lieutenant Governor
by regulation may change the period during which the census required
by the Act is taken.
107
ILL 107 1973
An Act to amend The Assessment Act
E.R MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
1. — (1) Paragraph 2 of section 3 of The Assessment Act, beings. 3
chapter 32 of the Revised Statutes of Ontario, 1970, is amended
I amended by striking out "but not if occupied by a person
who is not a member of a band or body of Indians" in the
first, second and third lines.
(2) The said section 3, as amended by the Statutes of Ontario, amended
1971, chapter 79, section 2, is further amended by adding
thereto the following paragraph :
20. All the machinery, plant and appliances, wherever certain
•^ ^ , „ / \ , /^ J property of
Situate, and all structures placed on, over, under or telephone and
affixed to any highway, lane or other public com- compalfies
munication, public place or water so long as such
machinery, plant, appliances or structures are used
by any telephone or telegraph company in connec-
tion with and as part of the operations of its telephone
or telegraph business, and in this paragraph "tele-
graph company" includes a person or association of
persons owning, controlling or operating a telegraph
system or line, but does not include a municipal
corporation owning, controlling or operating a tele-
graph system or line.
i. Section 23 of the said Act, as re-enacted by the Statutes ofs. 23,
Ontario, 1972, chapter 125, section 6, is amended by striking
out "second Tuesday of October" in the third and fourth lines
and inserting in lieu thereof "30th day of September".
i. The said Act is amended by adding thereto the following section : l^{^^^
23a. The Lieutenant Governor in Council may by regu- Alternative
,,. ... r^-1 -7^0 period for
lation require that, in any part of Ontario where a census under taking of
section 23 is to be taken, the census, instead of being taken
07
8. 26 (2),
repealed
s. 26 (3),
amended
s. 27 (5),
amended
(1, 4-6, 8-11),
repealed
during the period provided for in section 23, shall be taki
during such other period in the year as is specified in t
regulation.
4. — (1) Subsection 2 of section 26 of the said Act is repealed.
(2) Subsection 3 of the said section 26 is amended by strikii
out "or 2" in the second line and by striking out "ai
the band or body of Indians for which it is held in tru
or any member thereof" in the fourth and fifth lines.
5. Subsection 5 of section 27 of the said Act is amended by addi
at the end thereof "but this subsection does not apply to preve
a different assessment of any farm lands in any year in whi
a different assessment generally is made of lands in t
municipality in which the farm lands are situated".
6. Subsection 1, as re-enacted by the Statutes of Ontario, 19'
chapter 79, section 4, and subsections 4, 5, 6, 8, 9, 10 and 11
section 28 of the said Act are repealed.
8.33(10),
amended
s. 55 (6),
amended
7. Subsection 10 of section 33 of the said Act is amended
inserting after "lands" in the second hne "other than lar
held in trust for a band or body of Indians".
8. Subsection 6 of section 55 of the said Act is amended by striki
out "in the book referred to in section 50" in the second line.
Commence-
ment
Idem
Idem
Idem
9. — (1) This Act, except sections 1, 2, 4, 5, 6 and 7, comes ii
force on the day it receives Royal Assent.
(2) Sections 1^ 4, 5 and 7 shall be deemed to have come ii
force on the 1st day of January, 1973.
(3) Section 6 shall be deemed to have come into force on
1st day of May, 1973. "1
(4) Section 2 comes into force on a day to be named
the Lieutenant Governor by his proclamation.
Short title iQ, Jhis Act may be cited as The Assessment Amendment Act, 19
107
Section 4. The amendments repeal provisions taxing the occupation
of Indian lands by those who are not members of a band or body of
Indians, and are consequential on the amendment made by section 1 (1)
of the Bill.
Section 5. At present, where a farm assessment was appealed it
must remain fixed for two years after the assessment year appealed.
Notwithstanding this restriction, the amendment will allow the new assess-
ment of farm lands in a municipality where new market value assess-
ments are being returned generally.
Section 6 repeals provisions dealing with the taxing of mining profits
by municipalities, and the making of grants to mining municipalities.
Section 7. The amendment excepts lands held in trust for a band or
body of Indians from the provisions that deal with the liability to taxation
of pipelines on property exempt from taxation. This amendment is con-
sequential on the amendment in section 1 (1) of the Hill.
Si;( iioN 8. Tills aiiuti<lrncnt rcinovo a rctcrcm c tlial is now un-
necessary because of the repeal of section 50 of The Assessment Ad by
The Assessment Review Court Act, 1972.
107
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BILL 107
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Assessment Act
The Hon. A. Grossman
Minister of Revenue
TORONTO
Printed and Published by the Queen's Printer and Publisher
-.»» i' fendfl'
ILL 107 1973
An Act to amend The Assessment Act
r.R MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
lows:
1. — (1) Paragraph 2 of section 3 of The Assessment Act, beings. 3,
chapter 32 of the Revised Statutes of Ontario, 1970, is amended
1 amended by striking out "but not if occupied by a person
who is not a member of a band or body of Indians" in the
! first, second and third lines.
i (2) The said section 3, as amended by the Statutes of Ontario, li^'gn^jed
1 1971, chapter 79, section 2, is further amended by adding
thereto the following paragraph :
20. All the machinery, plant and appliances, wherever certain
1 ,, , property of
Situate, and all structures placed on, over, under or telephone and
affixed to any highway, lane or other public com- compaliSes
munication, public place or water so long as such
machinery, plant, appliances or structures are used
by any telephone or telegraph company in connec-
tion with and as part of the operations of its telephone
or telegraph business, and in this paragraph "tele-
graph company" includes a person or association of
persons owning, controlling or operating a telegraph
system or line, but does not include a municipal
corporation owning, controlling or operating a tele-
graph system or line.
Section 23 of the said Act, as re-enacted by the Statutes ofs. 23,
3>IT16I1Q6Q
Ontario, 1972, chapter 125, section 6, is amended by striking
out "second Tuesday of October" in the third and fourth lines
and inserting in lieu thereof "30th day of September".
5. The said Act is amended by adding thereto the following section : I'^i^^
23a. The Lieutenant Governor in Council may by regu- Alternative
,,. ... c ^ ■ 1 J J o period for
lation require that, m any part of Ontario where a census under taking of
section 23 is to be taken, the census, instead of being taken
07
s. 26 (2),
repealed
s. 26 (3),
amended
during the period provided for in section 23, shall be tak
during such other period in the year as is specified in t
regulation.
4. — (1) Subsection 2 of section 26 of the said Act is repealed.
(2) Subsection 3 of the said section 26 is amended by striki
out "or 2" in the second line and by striking out "ai
the band or body of Indians for which it is held in tri
or any member thereof" in the fourth and fifth lines.
s. 27 (5),
amended
S.28
(1, 4-6, 8-11),
repealed
s. 33 (10),
amended
s. 55 (6),
amended
Commence-
ment
Idem
Idem
Idem
5. Subsection 5 of section 27 of the said Act is amended by addi
at the end thereof "but this subsection does not apply to preve
a different assessment of any farm lands in any year in whi
a different assessment generally is made of lands in t
municipality in which the farm lands are situated".
6. Subsection 1, as re-enacted by the Statutes of Ontario, 19'
chapter 79, section 4, and subsections 4, 5, 6, 8, 9, 10 and 11
section 28 of the said Act are repealed.
7. Subsection 10 of section 33 of the said Act is amended
inserting after "lands" in the second line "other than lar
held in trust for a band or body of Indians".
8. Subsection 6 of section 55 of the said Act is amended by striki
out "in the book referred to in section 50" in the second line.
9. — (1) This Act, except sections 1, 2, 4, 5, 6 and 7, comes ii
force on the day it receives Royal Assent.
(2) Sections 1, 4, 5 and 7 shall be deemed to have come ii
force on the 1st day of January, 1973.
(3) Section 6 shall be deemed to have come into force on
1st day of May, 1973.
(4) Section 2 comes into force on a day to be named
the Lieutenant Governor by his proclamation.
Short title jQ. This Act may be cited as The Assessment Amendment Act, 19
107
I
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BILL 108 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Homes for the Aged
and Rest Homes Act
The Hon. R. Brunelle
Minister of Community and Social Services
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
Section 1. — Subsection 1. The definition of "Director" is amended
so that more than one Director can administer programs under the Act.
Subsection 2. This change is consistent with a recent amendment to
The Ministry of Community and Social Services Act.
Subsection 3. The definition of "private-home care" is repealed and
is replaced in section 6 of the Bill by the concept of providing residential
services.
Subsection 4. The amendment updates the definition of "provincial
supervisor".
Section 2. — Subsection 1. The amendment makes the appointment
of a committee of management compulsory.
Subsection 2. The amendment fixes the number of members on a
committee of management and their qualifications by regulation rather than
by statute.
108
ILL 108 1973
An Act to amend The Homes for the Aged
I and Rest Homes Act
[JER MAJESTY, by and with the advice and consent of the
H Legislative Assembly of the Province of Ontario, enacts as
lows:
1, — (1) Clause b of section 1 of The Homes for the Aged and ^^^^ re-enacted
Homes Act, being chapter 206 of the Revised Statutes of
Ontario, 1970, is repealed and the following substituted
therefor :
(b) "Director" means a Director appointed as such for
the purposes of this Act.
(2) Clause c of section 1 of the said Act is amended by striking Ij^^^^ied
out "and" in the first line and inserting in lieu thereof
"or".
(3) Clause h of the said section 1 is repealed. repealed
(4) Clause i of the said section 1 is repealed and the following re-enacted
substituted therefor :
(i) "provincial supervisor" means a regional welfare
administrator, a homes for the aged branch con-
sultant or supervisor, a field worker or any other
employee of the Ministry of Community and Social
Services who is designated as such for the purposes
of this Act.
2. — (1) Subsection 1 of section 8 of the said Act is amended by Ij^^^^^e^
striking out "may" in the third line and inserting in lieu
thereof "shall".
(2) Subsection 2 of the said section 8 is repealed and the re^i^^acted
following substituted therefor :
(2) The composition of a committee of management and °°'"p°^^"°°
the qualifications and term of office of the members thereof
shall be as prescribed by the regulations.
08
s.9(l),
re-enacted
Board of
management
established
3. — (1) Subsection 1 of section 9 of the said Act, as re-enacte(
by the Statutes of Ontario, 1972, chapter 62, section 1
is repealed and the following substituted therefor :
(1) A board of management shall be established whicl
shall be a corporation for any home established and main
tained by a band under section 5 or in a territorial distric
under section 6.
s. 9 (2),
re-enacted
composition
s. 9 (3),
repealed
s. 10,
amended
(2) Subsection 2 of the said section 9 is repealed and th
following substituted therefor :
(2) The composition of each board of management and th
qualifications and term of office of the members shall be a
prescribed by the regulations.
(3) Subsection 3 of the said section 9 is repealed.
4. Section 10 of the said Act, as amended by the Statutes c
Ontario, 1972, chapter 148, section 4, is further amended b
inserting after "agreement" in the fourth line "approved b
the Director".
s. 11a,
amended
s. 19 (1),
re-enacted
Residential
services
provided
5. Section 11a of the said Act, as enacted by the Statutes c
Ontario, 1971, chapter 99, section 1, is amended by striking oi:
"or" in the fourth line and by inserting after "home" in th
fourth line "or the board of management of a home, as th
case may be".
6. — (1) Subsection 1 of section 19 of the said Act is repealed an
the following substituted therefor :
(1) A municipality maintaining a home, the municipalitie
maintaining a joint home, or the board of management of
home, as the case may be, may, upon recommendation of tl
administrator of the home, provide residential services a]
proved by the Director in other than a home or joint horr
for any person admissible to the home or joint home.
s. 19 (2),
re-enacted
Province
to share
cost
(2) Subsection 2 of the said section 19, as amended by tl
Statutes of Ontario, 1972, chapter 62, section 6,
repealed and the following substituted therefor :
(2) There shall be paid monthly to the municipalit;
municipalities or the board of management, as the case ma
be, providing residential services under subsection 1, out <
moneys appropriated therefor by the Legislature, an amoui
computed in the manner prescribed by the regulatioi!
towards the cost of providing the services.
108
Section 3. — Subsections 1 and 2. The size, composition and method
of appointing boards of management for district homes is to be provided
by the regulations and permits appointments to such boards to be made
directly by municipalities.
Subsection 3. This amendment is consistent with the change in
section 5 of the Bill.
Section 4. Self-explanatory.
Section 5. The amendment clarifies the fact that site selection by a
board of management is governed by section 11a of the Act.
Section 6. — Subsections 1 and 2. The amendment allows an authority
operating a home to provide residential services outside the home, which
services would be subject to the approval of the Director and subject
to the conditions set out in the regulations.
108
Subsections 3 and 4. The amendments are consistent with the changes
proposed in subsections 1 and 2 of section 6 of the Bill.
Section 7. The amendment provides for inspection of premises other
than homes where residential services are provided under section 19 of the Act.
Section 8. Self-explanatory.
Section 9. This amendment is consistent with the change in section 5
of the Bill.
Section 10. — Subsection 1. The amendment enables different classes
of capital grants to be prescribed by regulation.
Subsection 2. The amendments are consistent with the changes made
to sections 8, 9, 19 and 20 of the Act.
108
I
(3) Subsection 3 of the said section 19 is amended by striking; s. i9 (3),
,. . ,• • ^ f 1- 1 amended
out placed in private-home care in the hrst line and
inserting in lieu thereof "receiving residential services in
other than a home or joint home under subsection 1".
(4) Subsection 4 of the said section 19 is repealed and thesi9(4),
r ,-, . 1 ■ lie re-enacted
following substituted therefor :
(4) A person receiving residential services in other than aconlf^ered
home or ioint home under subsection 1 shall be deemed a a resident
r 1 1 • • 1 • 4 y 1- of the home
resident of the home or ]oint home, and section 16 applies
mutatis mutandis in determining his eUgibihty for the
residential services.
Section 20 of the said Act , as amended by the Statutes of Ij^e'^ieji
Ontario, 1972, chapter 62, section 7, is further amended by
adding thereto the following subsection :
(2) Every premises that is not a home or joint home where o? p^lmlses
residential services are provided or where residential services
are to be provided in accordance with section 19 shall be open
at all reasonable times for inspection by the Director, a
provincial supervisor or by a person appointed by the council
of the municipality or board of management providing the
services.
8. Section 21 of the said Act is amended by striking out "Depart- Ij^^jj^g^i
ment of Social and Family Services" in the fifth and sixth lines
and in the sixth and seventh lines and inserting in lieu thereof
in each instance "Ministry of Community and Social Services".
9. Subsection 4 of section 27 of the said Act, as amended by the s. 27 (4)
Statutes of Ontario, 1972, chapter 62, section 11, is further
amended by striking out "but the cost of any land in excess of
eight acres and the cost of any bams or other similar out-
buildings shall not be included" in the fourth, fifth and sixth
lines.
LO. — (1) Clause / of subsection 1 of section 30 of the said Act is |-^(ji^n^).
amended by inserting after "27" in the third line "and
prescribing classes of payments".
(2) Clauses n, 0, p, q, and clause r as amended by the Statutes \-^Q^2cte&'
of Ontario, 1972, chapter 148, section 8, of subsection 1 of
the said section 30 are repealed and the following sub-
stituted therefor :
(«) prescribing the terms and conditions upon which
the Director may approve the provision of residential
services in other than a home or joint home, the
108
classes or levels of such services, the services, iten
and amenities to be provided in connection therewit
and the maximum amounts that may be charged 1
persons in receipt thereof for the purposes of sectic
19;
(o) prescribing the frequency and manner of inspectic
of premises other than a home or joint home by
representative of a municipality or board of manag
ment for the purposes of section 20 ;
{p) prescribing the manner of computing the amount
be paid by Ontario towards the cost of residenti
services provided in other than a home or joint hon
for any person, the method, time and manner
payment and classes of payments, for the purposes
section 19;
{q) prescribing the composition of a committee
management, the qualifications and terms of offi
of the members thereof for the purposes of section ^
(r) providing for the division of each district into are;
the appointment of members of boards of manageme^
under section 9, representing the areas to each boa
having regard to the proportionate distributi
amongst the areas of population and equaliz
assessment and providing for the further appoii
ment by the Lieutenant Governor in Council
members at large to the boards of managemei
prescribing the qualifications for appointment, fixi
the number of members for each board and the ter
of office of such members and requiring the cha
manship of boards of management to change har
at prescribed intervals.
Commence- \ \ This Act comes into force on the day it receives Royal Assent
ment •'
Short title 12. This Act may be cited as The Homes for the Aged and Rest //"'
Amendment Act, 1973.
108
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BILL 108 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Homes for the Aged
and Rest Homes Act
The Hon. R. Brunelle
Minister of Community and Social Services
>■:• ir.iU.,: .1/ lit: ■■,■:■■}■
{Reprinted as amended by the Committee of the Whole House)
TORONTO
Printed and Published by the Queen's Printer and Publishe;r
Explanatory Notes
Section 1. — Subsection 1. The definition of "Director" is amended
so that more than one Director can administer programs under the Act.
4
Subsection 2. This change is consistent with a recent amendment to
The Ministry of Community and Social Services Act.
Subsection 3. The definition of "private-home care" is repealed and
is replaced in section 6 of the Bill by the concept of providing residential
services.
Subsection 4. The amendment updates the definition of "provincial
supervisor".
Section 2. — Subsection 1. The amendment makes the appointment
of a committee of management compulsory.
Subsection 2. The amendment fixes the number of members on a
committee of management and their qualifications by regulation rather than
by statute.
108
ILL 108 1973
An Act to amend The Homes for the Ag^d
and Rest Homes Act
P.R MAJESTY, by and with the advice and consent of the
I Legislative Assembly of the Province of Ontario, enacts as
ows :
1. — (1) Clause b of section 1 of The Homes for the Aged and Rest^J;^^')'
j Homes Act, being chapter 206 of the Revised Statutes of
i Ontario, 1970, is repealed and the following substituted
therefor :
{b) "Director" means a Director appointed as such for
1 the purposes of this Act.
amended
(2) Clause c of section 1 of the said Act is amended by striking ^^^^^^^
out "and" in the first line* and inserting in lieu thereof
"or".
(3) Clause h of the said section 1 is repealed. repealed
(4) Clause i of the said section 1 is repealed and the following re-enacted
substituted therefor :
{i) "provincial supervisor" mesons a regional welfare
administrator, a homes for the aged branch con-
sultant or supervisor, a field worker or any other
employee of the Ministry of Community and Social
Services who is designated as such for the purposes
of this Act.
amended
i. — (1) Subsection 1 of section 8 of the said Act is amended by |-^^^^,
striking out "may" in the third line and inserting in lieu
thereof "shall".
(2) Subsection 2 of the said section 8 is repealed and the re^e^^^^cted
following substituted therefor :
(2) The composition of a committee of management and '^"'^p"^*"^^
the qualifications and term of office of the members thereof
shall be as prescribed by the regulations.
)8
8.9(1),
re-enacted
Board of
management
established
3. — (1) Subsection 1 of section 9 of the said Act, as re-enacte*
by the Statutes of Ontario, 1972, chapter 62, section 1
is repealed and the following substituted therefor :
(1) A board of management shall be established whid
shall be a corporation for any home established and main
tained by a band under section 5 or in a territorial distric
under section 6.
8. 9 (2),
re-enacted
composition
s. 9 (3),
repealed
s. 10,
amended
(2) Subsection 2 of the said section 9 is repealed and th
following substituted therefor :
(2) The composition of each board of management an
the qualifications and term of office of the members, includin
appointments to those boards by councils of municipalitie
shall be as prescribed by the regulations. "^
(3) Subsection 3 of the said section 9 is repealed.
I
4. Section 10 of the said Act, as amended by the Statutes i\
Ontario, 1972, chapter 148, section 4, is further amended 1:
inserting after "agreement" in the fourth line "approved I
the Director".
s. 11a,
amended
s. 19 (1),
re-enacted
5. Section 11a of the said Act, as enacted by the Statutes
Ontario, 1971, chapter 99, section 1, is amended by striking o'
"or" in the fourth line and by inserting after "home" in tl
fourth line "or the board of management of a home, as tl
case may be".
6. — (1) Subsection 1 of section 19 of the said Act is repealed ai
the following substituted therefor :
Residential
services
provided
8. 19 (2),
re-enacted
(1) A municipality maintaining a home, the municipahti
maintaining a joint home, or the board of management of
home, as the case may be, may, upon recommendation of t
administrator of the home, provide residential services a
proved by the Director in other than a home or joint hor
for any person admissible to the home or joint home.
(2) Subsection 2 of the said section 19, as amended by t
Statutes of Ontario, 1972, chapter 62, section 6,
repealed and the following substituted therefor :
Province
to share
cost
(2) There shall be paid monthly to the municipalit
municipalities or the board of management, as the case m|
be, providing residential services under subsection 1, out
moneys appropriated therefor by the Legislature, an amou!
computed in the manner prescribed by the reguiatin
towards the cost of providing the services.
108
Section 3. — Subsections 1 and 2. The size, composition and method
of appointing boards of management for district homes is to be provided
by the regulations and permits appointments to such boards to be made
directly by municipalities.
Subsection 3. This amendment is consistent with the change in
section 5 of the Bill.
Section 4. Self-explanatory.
Section 5. The amendment clarifies the fact that site selection by a
board of management is governed by section 1 la of the Act.
Section 6. — Subsections 1 and 2. The amendment allows an authority
operating a home to provide residential services outside the home, which
services would be subject to the approval of the Director and subject
to the conditions set out in the regulations.
108
Subsections 3 and 4. The amendments are consistent with the changes
proposed in subsections 1 and 2 of section 6 of the Bill.
Section 7. The amendment provides for inspection of premises other
than homes where residential services are provided under section 19 of the Act.
Section 8. Self-explanatory.
Section 9. This amendment is consistent with the change in section 5
of the Bill.
Section 10. — Subsection 1. The amendment enables different classes
of capital grants to be prescribed by regulation.
Subsection 2. The amendments are consistent with the changes made
to sections 8, 9, 19 and 20 of the Act.
108
(3) Subsection 3 of the said section 19 is amended bv striking; s. i9 (3)
, ,. . ..-i/'i- ° amended
out placed in private-home care in the first line and
inserting in lieu thereof "receiving residential services in
other than a home or joint home under subsection 1".
(4) Subsection 4 of the said section 19 is repealed and thesi9(4)v ,
^'. . 11 r re-enacted
following substituted therefor :
(4) A person receiving residential services in other than a considered
home or ioint home under subsection 1 shall be deemed a a resident
/• 1 1 • • 1 1 • < ^ 1 ■ °f ^^^ home
resident of the home or joint home, and section 16 applies
mutatis mutandis in determining his eligibility for the
residential services.
7. Section 20 of the said Act, as amended by the Statutes of l^^'j^^^^
Ontario, 1972, chapter 62, section 7, is further amended by
adding thereto the following subsection :
(2) Every premises that is not a home or joint home where ^^^P|^|°^g
residential services are provided or where residential services
are to be provided in accordance with section 19 shall be open
at all reasonable times for inspection by the Director, a
provincial supervisor or by a person appointed by the council
of the municipality or board of management providing the
services.
8. Section 21 of the said Act is amended by striking out "Depart- Ij^^-j^^jg^j
ment of Social and Family Services" in the fifth and sixth Hues
and in the sixth and seventh lines and inserting in lieu thereof
in each instance "Ministry of Community and Social Services".
9. Subsection 4 of section 27 of the said Act, as amended by the s. 27(4),
Statutes of Ontario, 1972, chapter 62, section 11, is further
amended by striking out "but the cost of any land in excess of
eight acres and the cost of any barns or other similar out-
buildings shall not be included" in the fourth, fifth and sixth
lines.
10. — (1) Clause / of subsection 1 of section 30 of the said Act iss.30(i)(o,
^ ' amended
amended by inserting after "27" in the third line "and
prescribing classes of payments".
(2) Clauses n, o, p, q, and clause r as amended by the Statutes ^e^^icted^'
of Ontario, 1972, chapter 148, section 8, of subsection 1 of
the said section 30 are repealed and the following sub-
stituted therefor :
{«) prescribing the terms and conditions upon which
the Director may approve the provision of residential
services in other than a home or joint home, the
108
classes or levels of such services, the services, item;
and amenities to be provided in connection therewitl
and the maximum amounts that may be charged t(
persons in receipt thereof for the purposes of sectioi
19;
(o) prescribing the frequency and manner of inspectioi
of premises other than a home or joint home by ;
representative of a municipality or board of manage
ment for the purposes of section 20 ;
(P) prescribing the manner of computing the amount t
be paid by Ontario towards the cost of residentia
services provided in other than a home or joint horn
for any person, the method, time and manner c
payment and classes of payments, for the purposes c
section 19;
{q) prescribing the composition of a committee c
management, the qualifications and terms of offic!
of the members thereof for the purposes of section ^i
{r) providing for the division of each district into area;
the appointment of members of boards of managemer
under section 9, representing the areas to each boar
having regard to the proportionate distributio
amongst the areas of population and equalize
assessment and providing for the further appoin
ment by the Lieutenant Governor in Council (
members at large to the boards of managemen
prescribing the qualifications for appointment, fixir
the number of members for each board and the tern
of office of such members and requiring the chai
manship of boards of management to change banc
at prescribed intervals.
Commence- \\ Xhis Act comes into force on the day it receives Royal Assent.
ment -' •'
Short title 12. This Act may be cited as The Homes for the Aged and Rest Ham
Amendment Act, 1973.
108
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BILL 108
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Homes for the Aged
and Rest Homes Act
The Hon. R. Brunelle
Minister of Community and Social Services
TORONTO
Printed and Published by the Queen's Printer and Publisher
ILL 108 1973
An Act to amend The Homes for the Aged
I and Rest Homes Act
TER MAJESTY, by and with the advice and consent of the
1 Legislative Assembly of the Province of Ontario, enacts as
lows :
1. — (1) Clause b of section 1 of The Homes for the Aged and 7?gs/s. i(6)
Homes Act, being chapter 206 of the Revised Statutes of
Ontario, 1970, is repealed and the following substituted
therefor :
(6) "Director" means a Director appointed as such for
the purposes of this Act.
),
amended
(2) Clause c of section 1 of the said Act is amended by striking |j^^^
out "and" in the first line and inserting in lieu thereof
"or".
(3) Clause h of the said section 1 is repealed. Repealed
(4) Clause i of the said section 1 is repealed and the following re-enacted
substituted therefor :
[i] "provincial supervisor" means a regional welfare
administrator, a homes for the aged branch con-
sultant or supervisor, a field worker or any other
employee of the Ministry of Community and Social
Services who is designated as such for the purposes
of this Act.
amended
-(1) Subsection 1 of section 8 of the said Act is amended by |j^^^^,
striking out "may" in the third line and inserting in lieu
thereof "shall".
(2) Subsection 2 of the said section 8 is repealed and the ^e^inacted
following substituted therefor :
(2) The composition of a committee of management and °°™p°^^'^°°
the qualifications and term of office of the members thereof
shall be as prescribed by the regulations.
)8
8. 9 (1),
re-enacted
3. — (1) Subsection 1 of section 9 of the said Act, as re-enact
by the Statutes of Ontario, 1972, chapter 62, section
is repealed and the following substituted therefor :
Board of
management
established
s. 9 (2),
re-enacted
(1) A board of management shall be established whi
shall be a corporation for any home established and ma: I
tained by a band under section 5 or in a territorial distrl
under section 6. I
(2) Subsection 2 of the said section 9 is repealed and t
following substituted therefor :
composition
8. 9 (3),
repealed
8.10,
amended
(2) The composition of each board of management al
the qualifications and term of ofhce of the members, includij
appointments to those boards by councils of municipaliti
shall be as prescribed by the regulations.
(3) Subsection 3 of the said section 9 is repealed. [
4. Section 10 of the said Act, as amended by the Statutes jl
Ontario, 1972, chapter 148, section 4, is further amended
inserting after "agreement" in the fourth line "approved
the Director".
8. 11a,
amended
8. 19 (1),
re-enacted
Residential
services
provided
5. Section lia of the said Act, as enacted by the Statutes
Ontario, 1971, chapter 99, section 1, is amended by striking <
"or" in the fourth line and by inserting after "home" in
fourth line "or the board of management of a home, as
case may be".
6. — (1) Subsection 1 of section 19 of the said Act is repealed i
the following substituted therefor :
(1) A municipality maintaining a home, the municipalil
maintaining a joint home, or the board of management c
home, as the case may be, may, upon recommendation of
administrator of the home, provide residential services
proved by the Director in other than a home or joint hoje
for any person admissible to the home or joint home.
s. 19 (2),
re-enacted
(2) Subsection 2 of the said section 19, as amended by |e
Statutes of Ontario, 1972, chapter 62, section C^
repealed and the following substituted therefor :
Province
to share
cost
(2) There shall be paid monthly to the municipal;,,
municipalities or the board of management, as the case niy'
be, providing residential services under subsection 1, out f
moneys appropriated therefor by the Legislature, an amojt
computed in the manner prescribed by the regulatijS
towards the cost of providing the services.
108
(3) Subsection 3 of the said section 19 is amended by striking |-^9 (3)
out "placed in private-home care" in the first line and
inserting in lieu thereof "receiving residential services in
other than a home or joint home under subsection 1".
(4) Subsection 4 of the said section 19 is repealed and thes. i9(4),
r 11 • 1 • iif re-enacted
f ollowmg substituted therefor ;
(4) A person receiving residential services in other than aP®^|°°j.gjj
home or ioint home under subsection 1 shall be deemed a a resident
<• 1 1 • • 1 1 • *r 1- of the home
resident of the home or joint home, and section 16 applies
mutatis mutandis in determining his eligibility for the
residential services.
7. Section 20 of the said Act, as amended by the Statutes of l^^'j^^^^
Ontario, 1972, chapter 62, section 7, is further amended by
adding thereto the following subsection :
(2) Every premises that is not a home or joint home where of|^|mises
residential services are provided or where residential services
are to be provided in accordance with section 19 shall be open
at all reasonable times for inspection by the Director, a
provincial supervisor or by a person appointed by the council
of the municipality or board of management providing the
services.
8. Section 21 of the said Act is amended by striking out "Depart- Ij^^^^jg^
ment of Social and Family Services" in the fifth and sixth lines
and in the sixth and seventh lines and inserting in lieu thereof
in each instance "Ministry of Community and Social Services".
9. Subsection 4 of section 27 of the said Act, as amended by the s. 27 (4)
Statutes of Ontario, 1972, chapter 62, section 11, is further
amended by striking out "but the cost of any land in excess of
eight acres and the cost of any barns or other similar out-
buildings shall not be included" in the fourth, fifth and sixth
lines.
10. — (1) Clause / of subsection 1 of section 30 of the said Act is^^w^'
^ ' amended
amended by inserting after "27" in the third line "and
prescribing classes of payments".
(2) Clauses n, o, p, q, and clause r as amended by the Statutes re^^acted^'
of Ontario, 1972, chapter 148, section 8, of subsection 1 of
the said section 30 are repealed and the following sub-
stituted therefor :
(w) prescribing the terms and conditions upon which
the Director may approve the provision of residential
services in other than a home or joint home, the
108
classes or levels of such services, the services, items
and amenities to be provided in connection therewith
and the maximum amounts that may be charged to
persons in receipt thereof for the purposes of section
19;
(o) prescribing the frequency and manner of inspection
of premises other than a home or joint home by a
representative of a municipality or board of manage-
ment for the purposes of section 20 ;
[p) prescribing the manner of computing the amount to
be paid by Ontario towards the cost of residential
services provided in other than a home or joint home
for any person, the method, time and manner of
payment and classes of payments, for the purposes of
section 19;
{q) prescribing the composition of a committee of
management, the qualifications and terms of office
of the members thereof for the purposes of section 8 ;
{r) providing for the division of each district into areas,
the appointment of members of boards of management
under section 9, representing the areas to each board
having regard to the proportionate distribution
amongst the areas of population and equalized
assessment and providing for the further appoint-
ment by the Lieutenant Governor in Council of
members at large to the boards of management,
prescribing the qualifications for appointment, fixing
the number of members for each board and the terms
of ofhce of such members and requiring the chair-
manship of boards of management to change hands
at prescribed intervals.
Commence- \\ Xhis Act comes into force on the day it receives Roval Assent.
ment -^
Short title 12. This Act may be cited as The Homes for the Aged and Rest Homesi
A mendment Act, 1973.
108
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BILL 109 Private Member's Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
i
i
An Act to amend The Highway Traffic Act
Mr. Riddell
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
Section 1. Section 5a outlines the necessary qualifications for a school
bus operator.
Section 5b provides for the retesting of school bus operators when their
chauffeur's licence is due for renewal.
Section 5c requires operators of school buses to report to the Ministry
where they have refused to operate a school bus because they consider the
vehicle to be unsafe, mechanically unfit or overloaded.
109
BILL 109 1973
An Act to amend The Highway Traffic Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows :
1. The Highway Traffic Act, being chapter 202 of the Revised |^^^"|^'
Statutes of Ontario, 1970, is amended by adding thereto the
j following sections :
5a. No person shall operate and no person shall employ ^^^uy^e-^
j a person to operate a motor vehicle when operated by or under operators
' contract with a school board or other authority to transport
children to or from school unless the operator,
(a) is twenty-one years of age or over ;
{h) holds a chauffeur's licence ;
(c) has a driving record clear of any offences committed
under this Act or under the Criminal Code (Canada) ;^c:34^^™'
{d) proves that he is competent to drive a school bus
and passes such tests or courses in,
! (i) practical child psychology,
(ii) defensive driving, and
(iii) highway safety,
as are required to be taken for the purpose and
the Minister endorses his licence for the operation
of a school bus.
5h. Notwithstanding clause d and subject to the provisions ^^^|^^J°|i
of section 16, the operator of a motor vehicle used for trans- of licence
porting children to and from school and operated by or under
contract with a school board or other authority in charge of a
school, shall submit to an examination in respect of the operation
of a motor vehicle each year he applies for the renewal of his
chauffeur's licence.
Refusal
to operate
5c. — (1) The operator of a motor vehicle used for trans-
porting children to and from school and operated by or under
contract with a school board or other authority in charge of
a school may refuse to operate the vehicle where he con-
siders the vehicle unsafe, mechanically unfit or overloaded
to the extent that there are more passengers than there are
seats.
Report to
Ministry
(2) Where an operator refuses to operate a vehicle under!
subsection 1 , he shall report forthwith to the Ministry,
(a) that he has refused to operate the vehicle ; and
{b) the reasons for his refusing to operate the vehicle.
s. 120 (6),
re-enacted
Regulations
re school
buses
2. Subsection 6 of section 120 of the said Act is repealed and th(
following substituted therefor :
(6) The Lieutenant Governor in Council may make reguj
lations,
[a) respecting the operation of vehicles or any class o
type thereof used for transporting children to anc
from school and operated by or under contract with ;
school board or other authority in charge of a school
(b) prescribing the type, design and colour of schoo
buses or any class thereof and the markings to b
displayed thereon ;
(c) prescribing the type of padding to be used on th
arms and backs of seats of school buses and re
quiring the use of any equipment on or in sue
vehicles or any class or type thereof and prescribin
the standards and specifications of such equipmer
including minimum heights for the backs of seats ;
{d) requiring the inspection of school buses or any cla.-^,
or type thereof at least four times a year and requirinj
the reporting of any mechanically unfit school bi!
to the Ministry and to the school board or othei
authority in charge of a school which has contracte
the use of the school bus ;
109
Section 2. The amendment provides for school bus safety standards
and a school bus patrol program.
109
(e) prescribing qualifications in addition to those set out
in section 5a of drivers of school buses or any class or
type thereof and prohibiting the operation thereof
by unqualified persons ;
(/) establishing school bus patrol programs in co-
operation with the Ministry of Education.
3. This Act comes into force on the day it receives Royal Assent, commence-
■^ •' ment
4. This Act may be cited as The Highway Traffic Amendment Act short title
1973.
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BILL 110 Private Member's Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act respecting Provincial Trails
Mr. Deacon
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
The Bill establishes provincial trails for the public's use, education and
enjoyment.
110
BILL 110 1973
An Act respecting Provincial Trails
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^L^^p'"®-
' tation
[a) "Council" means the Trail Advisory Council;
{b) "Minister" means the Minister of Natural Resources;
(c) "public lands" means lands belonging to Her
Majesty in right of Ontario, whether or not covered
with water;
{d) "regulations" means the regulations made under this
Act.
2. The Minister is responsible for the administration of this Administra-
f^ tion of Act
Act.
3. The provincial trails are hereby dedicated to and P^°y^°ci*i
declared to be held in trust for the people of the Province dedicated
of Ontario and others who may use them for their benefit,
education and enjoyment and the provincial trails shall be
maintained and made use of so as to leave them unimpaired
for the enjoyment of future generations in accordance with
this Act and the regulations.
4. — (1) The Lieutenant Governor in Council may set apart Pr^oyinciai
or designate as a provincial trail any public lands in Ontario, designated
may increase or decrease the area of any provincial trail and
may delimit any provincial trail.
(2) Land may be acquired under The Public Works ^ c/ ^couisition
for the purposes of this Act. R|0- i^^o,
(3) The Minister may enter into agreements with persons ^°^^ter may
with respect to the accepting of or granting of easements agreements
or other interests in land in connection with the establishment,
use or maintenance of a provincial trail.
110
Gifts
(4) The Minister may receive and take from any person
by grant, gift, devise, bequest or otherwise any property,
real or personal, or any interest therein for the purposes of
a provincial trail.
MonoP^ 5. The Lieutenant Governor in Council may classify
provmciai any provincial trail or part thereof as a recreation trail,
scenic trail, historic trail, primitive trail, river trail or such
other class of trail as he may designate.
established ®' — ^^^ ^ Council to be known as the "Trail Advisory
Council" is hereby established.
o°Councii°'^ (^) ^^^ Council shall be composed of not fewer than seven
and not more than nine members appointed by the Lieutenant
Governor in Council, which members shall consist of at least,
(a) one person designated by the Minister ;
{b) one person who is a district forester or super-
intendent of a provincial park ;
(c) one person who is a member of the executive com-
mittee of a conservation authority ; and
(d) one person who is a member of a private organization
whose chief object is the use and enjoyment of
trails.
Term of
oflfice
(3) A member of Council may hold office for a term not
exceeding three years, and shall not serve more than two
consecutive terms.
Chairman (4) Xhe Lieutenant Governor in Council shall designate
and vice- r t ^ ■
chairman one of the members to be chairman and another member to
be vice-chairman of the Council.
Quorum
(5) Five members of the Council constitute a quorum.
Vacancies (6) The Lieutenant Governor in Council may fill any
vacancy among the members of the Council.
Objects
and
powers
7. The objects of the Council are and it has the power,
{a) to compile and evaluate information on any matter
concerning provincial trails ;
{b) to study and make recommendations concerning
the administration of provincial trails.
110
8. The Council may make such by-laws as are considered ^y-i^^s
expedient for its constitution and the administration of its
affairs, and may do such other things as are considered
necessary or advisable to carry out its objects.
9. The Council shall make a report annually to the^^^^^^
Minister who shall submit the report to the Lieutenant
Governor in Council and shall then lay the report before
the Assembly if it is in session or, if not, at the next ensuing
session.
10. The Lieutenant Governor in Council may make^^^'^^*"°°s
regulations,
(a) for the care, preservation, improvement, control
and management of the provincial trails ;
{b) regulating and controlling prospecting or the staking
out of mining claims or the development of mineral
interest or the working of mines on provincial
trails ;
(c) prohibiting or regulating and controlling the oc-
cupation of public lands on provincial trails or
designating areas thereon on which land may be
leased or occupied and describing such areas by metes
and bounds or in relation to highways, lakes, rivers
or railways ;
{d) regulating and controlling the use of lands on pro-
vincial trails ;
(e) prohibiting the erection of buildings or structures
on provincial trails, or regulating and controlling
the nature, cost, type of construction or the
location of buildings or structures that may be erected
thereon ;
(/) governing the granting, issue, form, renewal, transfer
and cancellation of leases and other rights to public
lands on provincial trails and prescribing terms and
conditions in connection therewith ;
ig) prohibiting or regulating and controlling the use or
keeping of horses, dogs and other animals on pro-
vincial trails ;
{h) prohibiting or regulating and controlling the erection,
posting or other display of notices, signs, sign-
boards and other advertising devices on provincial
trails ;
110
{i) prohibiting or regulating and controlling the use,
setting out and extinguishment of fires on pro-
vincial trails ;
(j) for issuing permits to persons to enter and travel
on provincial trails ;
{k) prohibiting or regulating, controlling and licensing
trades, businesses, amusements, sports, occupations
and other activities or undertaking on provincial
trails ;
(1) prescribing the fees or rentals payable for any
licence, permit, lease or other right issued, made or
given in respect of a provincial trail.
Sfe^r^^*^^ 1 1 . This Act comes into force on the day it receives Royal
Assent.
Short title 12. This Act may be cited as The Provincial Trails Act,
1973.
110
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BILL 111 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to authorize
the Raising of Money on the Credit of
the Consolidated Revenue Fund
The Hon. J. White
Treasurer of Ontario and Minister
of Economics and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
BILL 111 1973
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 L^*°^up^to
authorized to raise from time to time by way of loan in any
manner provided by The Financial Administration Act such^-^g^. i^'^"-
sum or sums of money as are considered necessary for dis-
charging 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 moneys expended for
any of such purposes, provided that the principal amount of
any securities issued and temporary loans raised under the
authority of this Act shall not exceed in the aggregate
$900,000,000.
(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. This Act comes into force on the day it receives Royal commence-
, J J ment
Assent.
3. This Act may be cited as The Ontario Loan Act, 1973. short title
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BILL 111
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to authorize
the Raising of Money on the Credit of
the Consolidated Revenue Fund
The Hon. J. White
Treasurer of Ontario and Minister
of Economics and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
BILL 111 1973
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 i^*^^p*o
authorized to raise from time to time by way of loan in any
manner provided by The Financial Administration Act such^-^g^- ^^'o,
sum or sums of money as are considered necessary for dis-
charging 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 moneys expended for
any of such purposes, provided that the principal amount of
any securities issued and temporary loans raised under the
authority of this Act shall not exceed in the aggregate
$900,000,000.
(2) The sum or sums of money authorized to be raisedi^®'"
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. This Act comes into force on the day it receives Royal commence-
J J ment
Assent.
3. This Act may be cited as The Ontario Loan Act, 1973. short title
111
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BILL 112 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Teachers' Superannuation Act
The Hon. T. L. Wells.
Minister of Education
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
Section 1. The provision is added in order to clarify what always
has been and is the intent of the Act. No change in policy is involved.
Section 2. The Commission is given greater scope in determining
when to hold its meetings.
Section 3. This new provision is designed to give teachers in private
schools who opted out of the Act opportunity to elect to come under the Act.
112
ILL 112 1973
An Act to amend
The Teachers' Superannuation Act
_TER MAJESTY, by and with the advice and consent of the
T- Legislative Assembly of the Province of Ontario, enacts as
Hows :
1. Section 1 of The Teachers' Superannuation Act, being chapter s-^- ^
455 of the Revised Statutes of Ontario, 1970, as amended by
the Statutes of Ontario, 1971 (2nd Session), chapter 9, section
1, and 1972, chapter 1, section 65, is further amended by
adding thereto the following subsection :
Interpre-
(2) Every person, ^^^^^i^L
as a teacher"
(a) to whom the Minister has granted a permanent,
temporary, interim or other certificate of qualifi-
cation ;
{h) to whom the Minister has granted a letter of standing ;
or
(c) in respect of whom the Minister has granted a letter
of permission to a board,
shall be deemed to be qualified as a teacher for the purposes
of this Act so long as his certificate or letter of standing, or the
letter of permission granted in respect of him, remains valid.
2. Subsection 7 of section 2 of the said Act, as amended by the s- 2^^^)^^^^^
Statutes of Ontario, 1971 (2nd Session), chapter 9, section 2,
is repealed and the following substituted therefor :
(7) The Commission shall meet in the offices of the Com-'"®®*!'^^^
mission at such times as the Commission may determine.
3. Section 17 of the said Act, as amended by the Statutes of l^^'^-j^^g^
Ontario, 1971 (2nd Session), chapter 9, section 7, is further
amended by adding thereto the following subsection :
112
Second
option
(8) Any person who is excluded from the benefits and
obhgations of this Act because of having given the notice
mentioned in subsection 5 may, by notice in writing given
to the governing body of the school and to the Commis-
sion on or before the 31st day of August, 1975, revoke the
first notice, in which case the revocation becomes effective
on the 1st day of September next following the date of
receipt of the notice of revocation by the governing body
or by the Commission, whichever is the later, and on and
after that 1st day of September the person is entitled to the
benefits and obligations of this Act as if he had not given
the notice mentioned in subsection 5.
8. 24 (2) (6),
amended
s. 32,
amended
4. Clause b of subsection 2 of section 24 of the said Act, as
re-enacted by the Statutes of Ontario, 1971 (2nd Session),
chapter 9, section 11, is amended by striking out "his latest
birthday preceding, or coincident with" in the third and fourth
lines.
5. Section 32 of the said Act, as re-enacted by the Statutes ol
Ontario, 1971 (2nd Session), chapter 9, section 18, is amended
by adding thereto the following subsection :
Exception
for higher
education
s. 49 (2),
repealed
Commence-
ment
Idem
(5) For the purposes of subsection 1, a person who has
attained the age of eighteen years but has not attained the
age of twenty-five years and who is in full-time attendance
at a school, college, university or other institution that is
recognized by the Commission for the purposes of this sectior
as a place of higher education, shall be deemed not to have
attained the age of eighteen years.
6. Subsection 2 of section 49 of the said Act is repealed.
7. — (1) This Act, except section 4, comes into force on the da)
it receives Royal Assent.
(2) Section 4 shall be deemed to have come into force on thf
17thday of December, 1971.
Short title
8. This Act may be cited as The Teachers' Superannuatiot\
Amendment Act, 1973.
112
Section 4. In the present formula for computing a pension under
this subsection, the teacher's last birthday is the cut-off date. The amend-
ment substitutes his actual age on the day he retired from teaching. As
months, weeks and days since his last birthday can be counted, his entitle-
ment to a pension will be advanced to that extent.
Section 5. The purpose of this amendment is to provide a pension
for sons and daughters of deceased teachers so long as they continue in
school and have not reached twenty-five years of age.
Section 6. The repeal of the subsection will permit all refunds of
contributions to bo made three months after the date upon which the
contributor ceased to be employed.
112
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BILL 112
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Teachers' Superannuation Act
The Hon. T. L. Wells
Minister of Education
TORONTO
Printed and Published by the Queen's Printer and Publisher
JILL 112 1973
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
)llows :
1. Section 1 of The Teachers' Superannuation Act, being chapter si-
455 of the Revised Statutes of Ontario, 1970, as amended by
the Statutes of Ontario, 1971 (2nd Session), chapter 9, section
1, and 1972, chapter 1, section 65, is further amended by
adding thereto the following subsection :
Interpre-
(2) Every person, ''quaimid
as a teacher"
{a) to whom the Minister has granted a permanent,
temporary, interim or other certificate of qualifi-
cation ;
{h) to whom the Minister has granted a letter of standing ;
or
(c) in respect of whom the Minister has granted a letter
of permission to a board,
shall be deemed to be qualified as a teacher for the purposes
of this Act so long as his certificate or letter of standing, or the
letter of permission granted in respect of him, remains valid.
2. Subsection 7 of section 2 of the said Act, as amended by the ^^2 ax^^^^
Statutes of Ontario, 1971 (2nd Session), chapter 9, section 2,
is repealed and the following substituted therefor :
(7) The Commission shall meet in the offices of the Com-"^6®tings
mission at such times as the Commission may determine.
3. Section 17 of the said Act, as amended by the Statutes of 1^^'^^^^^^
Ontario, 1971 (2nd Session), chapter 9, section 7, is further
amended by adding thereto the following subsection :
112
Second
option
(8) Any person who is excluded from the benefits and
obhgations of this Act because of having given the notice
mentioned in subsection 5 may, by notice in writing giver
to the governing body of the school and to the Commis-
sion on or before the 31st day of August, 1975, revoke thf
first notice, in which case the revocation becomes effective
on the 1st day of September next following the date o
receipt of the notice of revocation by the governing bodj
or by the Commission, whichever is the later, and on anc
after that 1st day of September the person is entitled to th(
benefits and obligations of this Act as if he had not giver
the notice mentioned in subsection 5.
s. 24 (2) (6),
amended
4. Clause b of subsection 2 of section 24 of the said Act, a:
re-enacted by the Statutes of Ontario, 1971 (2nd Session)
chapter 9, section 11, is amended by striking out "his lates
birthday preceding, or coincident with" in the third and fourtl
lines.
s. 32,
amended
5. Section 32 of the said Act, as re-enacted by the Statutes o
Ontario, 1971 (2nd Session), chapter 9, section 18, is amendec!
by adding thereto the following subsection :
Exception
for higher
education
s. 49 (2),
repealed
Commence-
ment
(5) For the purposes of subsection 1, a person who ha
attained the age of eighteen years but has not attained th
age of twenty-five years and who is in full-time attendanc
at a school, college, university or other institution that i
recognized by the Commission for the purposes of this sectio
as a place of higher education, shall be deemed not to hav
attained the age of eighteen years.
6. Subsection 2 of section 49 of the said Act is repealed.
7. — (1) This Act, except section 4, comes into force on the daj
it receives Royal Assent. I
Idem
Short title
(2) Section 4 shall be deemed to have come into force on th
17th day of December, 1971.
8. This Act may be cited as The Teachers' Superannuatio
Amendment Act, 1973.
112
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BILL 113 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Ministry of Education Act
The Hon. T. L. Wells
Minister of Education
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
Section 1. The amendment makes it clear that the definition of
a private school includes only those that provide instruction on school days
for pupils who are of or over compulsory school age.
Section 2. The section is revised to prescribe the conditions under
which the Minister may require that the number of pupils in certain
categories be included in the enrolment on any date.
113
IILL 113 1973
1
An Act to amend
The Ministry of Education Act
ER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
Hows :
1. Clause d of section 1 of The Ministry of Education Act, being ^-^^^^-^^
chapter 111 of the Revised Statutes of Ontario, 1970, as
amended by the Statutes of Ontario, 1972, chapter 73, section 1,
is further amended by striking out "any day other than a school
holiday for five or more pupils" in the third and fourth lines
and inserting in lieu thereof "any school day for five or more
pupils who are of or over compulsory school age".
2. Section 5 of the said Act, as amended by the Statutes of re-enacted
Ontario, 1971, chapter 89, section 1, is repealed and the following
substituted therefor :
5. The Minister may, in respect of a school, require to be ^^f^^^^^j^^jj^
included in the enrolment on any date the number of pupils, in special
C£LS6S
{a) who were absent from school because of enlistment
in the Canadian Armed Forces, or to engage in the
production of food or other essential materials; or
(6) who were absent from school because of,
(i) a failure of transportation arrangements,
(ii) the closing of one or more classrooms caused
by inclement weather, lire, flood, the break-
down of the school heating plant, or a
similar emergency, or
(iii) the closing of the school under The Emergency R^s.^^ i|™'
Measures Act, The Public Health Act, this Act
or the regulations,
where such failure or closing was, in the opinion
of the Minister, unavoidable ; or
113
s. 12 (1),
amended
idem
Idem
Idem
(c) who, under the terms of an arrangement approve
by the Minister, were absent from a secondar
school because of their early enrolment at
university or polytechnical institute in Ontario; (
{d) who were absent from school on days regarded <
holy days by the church or religious denominatio
to which they belong ; or
{e) who were absent because of any other conditio
considered by the Minister to consitute an emergenc;
3. — (1) Subsection 1 of section 12 of the said Act, as amendf
by the Statutes of Ontario, 1971, chapter 89, section
and 1972, chapter 73, section 4, is further amended t
adding thereto the following paragraphs :
36b. prescribing the fee to be paid to the Ministry for
transcript of standing obtained in Ontario by
pupil ;
36c. prescribing the fee to be paid to the Ministry by
teacher for the preparation, at his request, of
statement of standing obtained, or a description
courses completed, at a teacher training institutic
in Ontario, and the forwarding thereof to a certific
tion authority outside Ontario or to an education
institution ;
36d. prescribing the conditions under which fees are
be paid to the Ministry for the evaluation of acaderr
certificates, transcripts and other documents
educational standing obtained outside Ontario, ai
the amount of such fees.
8.12.
amended
Educational
advancement
programs
Accountable
advances
(2) The said section 12, as amended by the Statutes
Ontario, 1971, chapter 89, section 3, 1972, chapter
section 61 and 1972, chapter 73, section 4, is furtli
amended by adding thereto the following subsections:
(6) Subject to the approval of the Lieutenant Govern
in Council, the Minister may make regulations designatiij
the programs, activities and projects or classes thereof fi
the fostering and promotion of educational advancement j
respect of which payments to any person, board or organizi
tion may be made from funds appropriated by the Legislatul
for such purposes.
(7) Subject to the terms and conditions that are approv
for such purpose by the Lieutenant Governor in Council, t
Minister may make an accountable advance to any perse
113
Section 3. — Subsection 1. The new paragraphs provide for a fee to be
charged for,
(1) transcripts of standing obtained by pupils,
(2) a statement of standing or a description of courses completed at a
teacher training institution to be sent to another jurisdiction at the
teacher's request, or
(3) the evaluation of documents of educational standing obtained
outside Ontario and sent to the Ministry from outside Ontario.
Subsection 2. The new subsections 6 and 7 authorize the designation
by regulation of programs, activities and projects for educational development
in respect of which the Minister may make payments from funds appropriated
by the Legislature and authorize accountable advances to be made to persons
and organizations outside the public service that assist or participate in
such activities on terms approved by the Lieutenant Governor in Council.
The new subsection 8 authorizes the making of regulations in respect of
the school year, school terms and school holidays and permitting boards with
the approval of the Minister to implement a different school year and
different school terms and holidays and provides that such school year, terms
and holidays prevail where there is an inconsistency with any Act.
113
board or organization that is not within the pubhc service
and that participates in, conducts or assists in conducting,
a program activity or project designated under subsection 6.
(8) Subject to the approval of the Lieutenant Governor ^g^^^°^g^y^*''>
in Council, the Minister may make regulations, holidays
(a) prescribing and governing the school year, school
terms and school holidays ;
(b) authorizing a board to vary one or more school
terms or school holidays as designated by the regula-
tions; and
(c) permitting a board to designate, and to implement
with the prior approval of the Minister, a school
year, school terms and school holidays for one or
more schools under its jurisdiction that are different
from those prescribed by the regulations,
and where a school year, school term or school holiday
prescribed by or established under such regulations conflicts
or is inconsistent with the school year, school terms or school
holidays prescribed by any Act, the school year, school
term or school holiday prescribed by or established under such
regulations, as the case may be, prevails.
4. This Act comes into force on the day it receives Royal Assent. ^°™^®°°®'
5. This Act may be cited as The Ministry of Education Amendment^^°^^^^^^^
Act, 1973.
113
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BILL 113 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Ministry of Education Act
The Hon. T. L. Wells
Minister of Education
{Reprinted as amended by the Committee of the Whole House)
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
Section 1. The amendment makes it clear that the definition of
a private school includes only those that provide instruction on school days
for pupils who are of or over compulsory school age.
Section 2. The section is revised to prescribe the conditions under
which the Minister may require that the number of pupils in certain
categories be included in the enrolment on any date.
113
;ILL 113 1973
I
An Act to amend
The Ministry of Education Act ''^'
ER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
ows:
1. Clause d of section 1 of The Ministry of Education Act, ^^^^S^mendei
chapter 111 of the Revised Statutes of Ontario, 1970, as
amended by the Statutes of Ontario, 1972, chapter 73, section 1,
is further amended by striking out "any day other than a school
holiday for five or more pupils" in the third and fourth lines
and inserting in lieu thereof "any school day for five or more
pupils who are of or over compulsory school age".
2. Section 5 of the said Act, as amended by the Statutes of^^^^j^^^j.^^
Ontario, 1971, chapter 89, section 1, is repealed and the following
substituted therefor :
5. The Minister may, in respect of a school, require to be ^^^^^i^^^j^gj^j.
included in the enrolment on any date the number of pupils, in special
•^ r r- ' cases
{a) who were absent from school because of enlistment
in the Canadian Armed Forces, or to engage in the
production of food or other essential materials; or
(6) who were absent from school because of,
(i) a failure of transportation arrangements,
(ii) the closing of one or more classrooms caused
by inclement weather, fire, flood, the break-
down of the school heating plant, or a
similar emergency, or
(iii) the closing of the school under The Emergency R^s.Og i|^70.
Measures Act, The Public Health Act, this Act
or the regulations,
where such failure or closing was, in the opinion
of the Minister, unavoidable ; or
113
s. 10 (1),
amended
educational
advancement
programs,
activities and
projects and
accountable
advances
(c) who, under the terms of an arrangement approve
by the Minister, were absent from a secondai
school because of their early enrolment at
university or polytechnical institute in Ontario; (
(d) who were absent from school on days regarded
holy days by the church or religious denominatic
to which they belong ; or
(e) who were absent because of any other conditic
considered by the Minister to consitute an emergenc
3. Subsection 1 of section 10 of the said Act, as amended by tl
Statutes of Ontario, 1972, chapter 73, section 3, is furth
amended by adding thereto the following clause:
(p) make payments out of funds appropriated theref
by the Legislature to a board, an individual,
voluntary association or a corporation without sha
capital having objects of a charitable or educatior
nature.
8. 12 (1),
amended
(i) to assist or advance programs, activities
projects for students that involve a cultui
and educational exchange with other provinc
and countries, provincial or interprovinc
travel, school twinning and related assistan(
leadership training, or summer employmei
and
(ii) to foster and promote educational advam
ment by means of programs, activities
projects that are provided for visiting educ
tional officials, designed to further the pi
fessional development of teachers and sup»
visory officers including exchange of su
personnel, or considered by the Minister
be valuable in advancing a particular area
study,
and, subject to the terms and conditions that t
approved for such purpose by the Lieutenant Gc
ernor in Council, make an accountable advance
the recipient of a payment under this clause or
an individual, not being a member of the pub
service, who conducts or assists in conducting j
participates in any such program, activity or projc|
4. — (1) Subsection 1 of section 12 of the said Act, as amend
by the Statutes of Ontario, 1971, chapter 89, section
113 '
Section 3. The new clause p authorizes the Minister to make pay-
ments from funds appropriated by the Legislature to a school board and
other persons to assist, advance, foster or promote programs, activities or
projects to broaden the education of students or education officials.
\/
Section 4. — Subsection 1. The new paragraphs provide for a fee to be
charged for,
(1) transcripts of standing obtained by pupils,
(2) a statement of standing or a description of courses completed at a
teacher training institution to be sent to another jurisdiction at the
teacher's request, or
(3) the evaluation of documents of educational standing obtained
outside Ontario and sent to the Ministry from outside Ontario.
113
Subsection 2. The new subsection 6 authorizes the making of regu-
lations in respect of the school year, school terms and school holidays and
permitting boards with the approval of the Minister to implement a different
school year and different school terms and holidays and provides that such
school year, terms and holidays prevail where there is an inconsistency
with any Act.
113
i
and 1972, chapter 73, section 4, is further amended by
adding thereto the following paragraphs :
366. prescribing the fee to be paid to the Ministry for a ^^^^
transcript of standing obtained in Ontario by a
pupil ;
36c. prescribing the fee to be paid to the Ministry by a^'^®'"
teacher for the preparation, at his request, of a
statement of standing obtained, or a description of
courses completed, at a teacher training institution
in Ontario, and the forwarding thereof to a certifica-
tion authority outside Ontario or to an educational
institution ;
36d. prescribing the conditions under which fees are to^*®™
be paid to the Ministry for the evaluation of academic
certificates, transcripts and other documents of
educational standing obtained outside Ontario, and
the amounts of such fees.
(2) The said section 12, as amended by the Statutes of s. 12,
Ontario, 1971, chapter 89, section 3, 1972, chapter 1,
section 61 and 1972, chapter 73, section 4, is further
amended by adding thereto the following subsection:
(6) Subject to the approval of the Lieutenant Governor schooi^year,
in Council, the Minister may make regulations, holidays
(a) prescribing and governing the school year, school
terms and school holidays ;
{b) authorizing a board to vary one or more school
terms or school holidays as designated by the regula-
tions; and
(c) permitting a board to designate, and to implement
with the prior approval of the Minister, a school
year, school terms and school holidays for one or
more schools under its jurisdiction that are different
from those prescribed by the regulations,
and where a school year, school term or school holiday
prescribed by or established under such regulations conflicts
or is inconsistent with the school year, school terms or school
holidays prescribed by any Act, the school year, school
term or school holiday prescribed by or established under such
regulations, as the case may be, prevails.
113
J
Commence-
ment
Short title
5. This Act comes into force on the day it receives Royal Assent
6. This Act may be cited as The Ministry of Education Amendmen
Act, 1973.
113
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BILL 113
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Ministry of Education Act
The Hon. T. L. Wells
Minister of Education
TORONTO
Printed and Published by the Queen's Printer and Publisher
JILL 113 1973
H
An Act to amend
The Ministry of Education Act
ER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
)llows :
1. Clause d of section 1 of The Ministry of Education Act, being ^-^^^^^^
chapter 111 of the Revised Statutes of Ontario, 1970, as
amended by the Statutes of Ontario, 1972, chapter 73, section 1,
is further amended by striking out "any day other than a school
holiday for five or more pupils" in the third and fourth lines
and inserting in lieu thereof "any school day for five or more
pupils who are of or over compulsory school age".
2. Section 5 of the said Act, as amended by the Statutes of^-^- . ,
' -^ re-enacted
Ontario, 1971, chapter 89, section 1, is repealed and the following
substituted therefor :
5. The Minister may, in respect of a school, require to be ^Q<^^^^^°j^gjjj.
included in the enrolment on any date the number of pupils, in special
■^ ^ '^ cases
(a) who were absent from school because of enlistment
in the Canadian Armed Forces, or to engage in the
production of food or other essential materials; or
(6) who were absent from school because of,
(i) a failure of transportation arrangements,
(ii) the closing of one or more classrooms caused
by inclement weather, fire, flood, the break-
down of the school heating plant, or a
similar emergency, or
(iii) the closing of the school under The Emergency ^-^vPc ^o^^'
Measures Act, The Public Health Act, this Act
or the regulations,
where such failure or closing was, in the opinion
of the Minister, unavoidable ; or
113
(c) who, under the terms of an arrangement approved
by the Minister, were absent from a secondarj^
school because of their early enrolment at a
university or polytechnical institute in Ontario; oi
{d) who were absent from school on days regarded a^
holy days by the church or religious denominatior
to which they belong ; or
{e) who were absent because of any other condition
considered by the Minister to consitute an emergency
s. 10 (1),
amended
educational
advancement
programs,
activities and
projects and
accountable
advances
3. Subsection 1 of section 10 of the said Act, as amended by the
Statutes of Ontario, 1972, chapter 73, section 3, is furthei
amended by adding thereto the following clause:
(P) make payments out of funds appropriated therefoi
by the Legislature to a board, an individual, i
voluntary association or a corporation without shan
capital having objects of a charitable or educationa
nature,
(i) to assist or advance programs, activities oi
projects for students that involve a cultura
and educational exchange with other province:
and countries, provincial or interprovincia
travel, school twinning and related assistance
leadership training, or summer employment
and
(ii) to foster and promote educational advance
ment by means of programs, activities o
projects that are provided for visiting educa
tional officials, designed to further the pro
fessional development of teachers and super
visory officers including exchange of sucl
personnel, or considered by the Minister t(
be valuable in advancing a particular area o
study,
and, subject to the terms and conditions that ar
approved for such purpose by the Lieutenant (y'^^'
ernor in Council, make an accountable advam
the recipient of a payment under this clause or t',
an individual, not being a member of the publij
service, who conducts or assists in conducting 0|
participates in any such program, activity or proje' '
8.12(1),
amended
4. — (1) Subsection 1 of section 12 of the said Act, as amende(j
by the Statutes of Ontario, 1971, chapter 89, section ^
113
and 1972, chapter 73, section 4, is further amended by
adding thereto the following paragraphs :
36b. prescribing the fee to be paid to the Ministry for a ^^^^
transcript of standing obtained in Ontario by a
pupil ;
36c. prescribing the fee to be paid to the Ministry by a^^^^
teacher for the preparation, at his request, of a
statement of standing obtained, or a description of
courses completed, at a teacher training institution
in Ontario, and the forwarding thereof to a certifica-
tion authority outside Ontario or to an educational
institution ;
36d. prescribing the conditions under which fees are toi^®"i
be paid to the Ministry for the evaluation of academic
certificates, transcripts and other documents of
educational standing obtained outside Ontario, and
the amounts of such fees.
(2) The said section 12, as amended by the Statutes ofs. 12
Ontario, 1971, chapter 89, section 3, 1972, chapter 1,
section 61 and 1972, chapter 73, section 4, is further
amended by adding thereto the following subsection:
(6) Subject to the approval of the Lieutenant Governor schooi^year,
in Council, the Minister may make regulations, holidays
(a) prescribing and governing the school year, school
terms and school holidays ;
{b) authorizing a board to vary one or more school
terms or school holidays as designated by the regula-
tions; and
(c) permitting a board to designate, and to implement
with the prior approval of the Minister, a school
year, school terms and school holidays for one or
more schools under its jurisdiction that are different
from those prescribed by the regulations,
and where a school year, school term or school holiday
prescribed by or established under such regulations conflicts
or is inconsistent with the school year, school terms or school
holidays prescribed by any Act, the school year, school
term or school holiday prescribed by or established under such
regulations, as the case may be, prevails.
113
Commence-
ment
Short title
5. This Act comes into force on the day it receives Royal Assent
6. This Act may be cited as The Ministry of Education Amendmen
Act, 1973.
113
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BILL 114 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
* An Act to amend The Public Schools Act
The Hon. T. L. Wells
Minister of Education
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
Section 1. The amendment renders the subsection consistent with
the new provisions for the school year in The Ministry of Education Act.
Section 2. The amendment provides for the use of the assessment
equahzation factor provided by the Minister.
Section 3. The amendment makes the provisions of The Municipal
Elections Act, 1972 in respect of the vaUdity of elections and corrupt
practices apply in the case of public school board elections that are not
conducted under that Act.
Section 4. The amendment makes it clear that in the case of election
of trustees to a township school area board in unorganized territory the
procedures are those provided for the election of trustees in rural sections
rather than the procedures under The Municipal Elections Act, 1972.
Section 5. The amendment deletes reference to a school term and
renders the subsection consistent with the new provisions for the school
year in The Ministry of Education Act.
114
ULL 114 1973
An Act to amend The Public Schools Act
[TER MAJESTY, by and with the advice and consent of the
\^ Legislative Assembly of the Province of Ontario, enacts as
|»llows :
, 1. Subsection 7 of section 4 of The Public Schools Act, being s^^j^)-^^^^
chapter 385 of the Revised Statutes of Ontario, 1970, is
repealed and the following substituted therefor :
(7) The board may provide a class or classes for children sei^jiners
to enter school for the first time on or after the first school
day in January, in which case a child whose birthday is on
or after the 1st day of January and before the 1st day of
July and who is eligible to be admitted to public school or
kindergarten, as the case may be, the following September
has the right to attend such a class.
2. Subsection 10 of section 5 of the said Act, as re-enacted by the|j^^^^^^^
Statutes of Ontario, 1971, chapter 69, section 1, is amended
by striking out "determined under section 71 of The Assessment
Act" in the ninth and tenth Hues and inserting in lieu thereof
"provided by the Minister".
3. The said Act is amended by adding thereto the following section : Ij^^^^g^
24. The provisions of The Municipal Elections Act, 1972 in^^^rupt^
respect of the validity of elections and corrupt practices apply
to the election of trustees. ^^"''2' ^- ^^
4. Subsection 5 of section 29 of the said Act is amended by|j^9(^5^)^^
inserting after "ballot" in the second line "in accordance with
section 34".
5. Subsection 1 of section 43 of the said Act is amended by striking |j^|^i^)^^
out "in a school term" in the first line and by striking out "as
of the last day of that school term" in the sixth and seventh
lines.
114
8. 51(1) (6).
repealed
6. — (1) Clause b of subsection 1 of section 51 of the said Act,
amended by the Statutes of Ontario, 1972, chapter 7-
section 14, is repealed.
8.51{1)(C),
amended
s. 51a,
enacted
Estimates
R.S.0. 1970,
C.425
Commence-
ment
Short title
(2) Clause c of subsection 1 of the said section 51 is amende
by striking out "this Act" in the third line and insertir
in lieu thereof "The Ministry of Education Act, The Schoo
Administration Act or the regulations".
7. The said Act is further amended by adding thereto the followii
section :
51a. Every board shall prepare and adopt estimates of i
sums required during the year for its purposes and in connecti(
therewith the provisions of section 31 of The Secondary Schoc
and Boards of Education Act that apply in respect of tl
estimates for public school purposes of a board of a scho
division apply mutatis mutandis to the estimates of the boar
8. This Act comes into force on the day it receives Royal Assent.
9. This Act may be cited as The Public Schools Amendment Ai
1973.
114
Section 6. — Subsection 1. The provisions of the clause repealed are now
provided for in the new section 51a.
Subsection 2. The amendment renders the clause consistent with the
new provisions for the school year in The Ministry of Education Act.
Section 7. The new section incorporates by reference the provisions
of section 31 of The Secondary Schools and Boards of Education Act that
apply to the estimates of a divisional board for public school purposes.
114
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BILL 114
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Public Schools Act
The Hon. T. L. Wells
Minister of Education
TORONTO
Printed and Published by the Queen's Printer and Publisher
(ill 114 1973
An Act to amend The Public Schools Act
IER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
flows:
1. Subsection 7 of section 4 of The Public Schools Act, being s^^j?),^^^^
chapter 385 of the Revised Statutes of Ontario, 1970, is
repealed and the following substituted therefor :
(7) The board may provide a class or classes for children Be|hiners
to enter school for the first time on or after the first school
day in January, in which case a child whose birthday is on
or after the 1st day of January and before the 1st day of
July and who is eligible to be admitted to public school or
kindergarten, as the case may be, the following September
has the right to attend such a class.
' J2. Subsection 10 of section 5 of the said Act, as re-enacted by the|j^^^°^^^^
' Statutes of Ontario, 1971, chapter 69, section 1, is amended
by striking out "determined under section 71 of The Assessment
Act" in the ninth and tenth lines and inserting in lieu thereof
"provided by the Minister".
1 3. The said Act is amended by adding thereto the following section : IJ^^^.^^
24. The provisions of The Municipal Elections Act, 1972 in^°^^^P^g
respect of the validity of elections and corrupt practices apply
to the election of trustees. ^^'^^' °- ^^
4. Subsection 5 of section 29 of the said Act is amended by |j^|(j5^>^^
inserting after "ballot" in the second line "in accordance with
section 34".
5. Subsection 1 of section 43 of the said Act is amended by striking |j^|^^^^4^
out "in a school term" in the first line and by striking out "as
of the last day of that school term" in the sixth and seventh
lines.
M4
s. 51(1) (6),
repealed
s.51(l)(c),
amended
s. 51a,
enacted
Estimates
R.S.0. 1970,
c. 425
Commence-
ment
Short title
6. — (1) Clause b of subsection 1 of section 51 of the said Act,
amended by the Statutes of Ontario, 1972, chapter 1
section 14, is repealed.
(2) Clause c of subsection 1 of the said section 51 is amend
by striking out "this Act" in the third line and inserti:
in lieu thereof "The Ministry of Education Act, The Scho(
Administration Act or the regulations".
7 . The said Act is further amended by adding thereto the followi
section :
51a. Every board shall prepare and adopt estimates of
sums required during the year for its purposes and in connect!
therewith the provisions of section 31 of The Secondary Scho
and Boards of Education Act that apply in respect of t
estimates for public school purposes of a board of a sch(
division apply mutatis mutandis to the estimates of the boai
8. This Act comes into force on the day it receives Royal Assent.
9. This Act may be cited as The Public Schools Amendment A
1973.
114
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BILL 115
Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend
The Ministry of Community and Social Services Act
The Hon. R. Brunelle
Minister of Community and Social Services
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
Subsection 2 of section 3 of the Act, authorizing the Ministry to enter
into cost-sharing agreements on behalf of Ontario with the Government
of Canada, is amended to include other matters that are or may become
the subject of Federal /Provincial agreements.
115
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L 115 1973
An Act to amend
The Ministry of Community and
Social Services Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
ollows :
1. Subsection 2 of section 3 of The Ministry of Community (^''^d^jiQ.Q^^cteA
Social Services Act, being chapter 120 of the Revised Statutes of
j Ontario, 1970, is repealed and the following substituted therefor :
i (2) The Minister, with the approval of the Lieutenant Agreements
Governor in Council, may, on behalf of the Government of
Ontario, make agreements with the Crown in right of Canada
respecting,
{a) any matter for the administration of which the
j Minister is responsible ; and
{b) the payment by Canada to Ontario of any portion
of any expenditures made before or after this Act
comes into force by Ontario or by any municipality
under any Act of Ontario.
j 2. This Act comes into force on the day it receives Royal Assent. ^°ent"^°^^
3. This Act may be cited as The Ministry of Community and^^^"^^^^^^
Social Services Amendment Act, 1973.
115
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BILL 115
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend
The Ministry of Community and Social Services Act
The Hon. R. Brunelle
Minister of Community and Social Services
TORONTO
Printed and Published by the Queen's Printer and Publisher
ILL 115 1973
An Act to amend
The Ministry of Community and
Social Services Act
r
ER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
[ lows :
1 . Subsection 2 of section 3 of The Ministry of Community ('■''^d^j.'Q.Q^^cteA
Social Services Act, being chapter 120 of the Revised Statutes of
Ontario, 1970, is repealed and the following substituted therefor :
(2) The Minister, with the approval of the Lieutenant ^^eements
Governor in Council, may, on behalf of the Government of
Ontario, make agreements with the Crown in right of Canada
respecting,
{a) any matter for the administration of which the
Minister is responsible ; and
(6) the payment by Canada to Ontario of any portion
of any expenditures made before or after this Act
comes into force by Ontario or by any municipality
under any Act of Ontario.
2. This Act comes into force on the day it receives Royal Assent. m°e^t"^°°^
^. This Act may be cited as The Ministry of Community and^^^"^^^^^^^
Social Services Amendment Act, 1973.
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BILL 116 Private Member's Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to establish the Bureau of Repair Services
Mr. Newman
(Windsor-Walkerville)
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
The purpose of this Bill is to control the repairing of household
appliances, including television sets and radios, through a system of
registration of persons engaged in the business of making these repairs.
116
BILL 116 1973
An Act to establish
the Bureau of Repair Services
TTER MAJESTY, by and with the advice and consent of
■tJ. the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. In this Act, JS'""
(a) "Bureau" means the Bureau of Repair Services;
{b) "household appliances" includes television sets and
radios ;
(c) "Registrar" means the Registrar of the Consumer
Protection Bureau;
{d) "regulations" means the regulations made under this
Act;
{e) "repairer" means a person engaged in the business of
repairing household appliances.
2. There shall be a division of the Consumer Protection r^I*^"^
Bureau to be known as the Bureau of Repair Services, which services
6StJdrDllS£l6Q
shall consist of the Registrar of the Consumer Protection
Bureau and such other officers and employees thereof as are
considered necessary.
3. — ( 1 ) No person shall engage in the business of repairing ^q^fred *^°°
household appliances unless he is registered under this Act.
(2) A registered repairer of household appliances shall not Name and
carry on business in a name other than the name in which he is business
registered or from a place of business other than that stated in
the registration.
4. — (1) An applicant is entitled to registration or renewal Regristration
of registration by the Registrar except where,
116
(a) having regard to his financial position, the applicant
cannot reasonably be expected to be financially
responsible in the conduct of his business ;
{b) the past conduct of the applicant affords reasonable
grounds for belief that he will not carry on business
in accordance with law and with integrity and
honesty ; or
(c) the applicant is a corporation and,
Refusal to
renew,
suspend or
revoke
Where
Registrar
proposes to
refuse,
suspend or
revoke
R.S.0. 1970,
0.82
Investigation
of complaints
(i) having regard to its financial position, it cannot
reasonably be expected to be financially
responsible in the conduct of its business, or
(ii) the past conduct of its officers or directors
affords reasonable grounds for belief that its
business will not be carried on in accordance
with law and with integrity and honesty.
5. Subject to section 6, the Registrar may refuse to renew
or may suspend or revoke a registration for any reason that
would disentitle the registrant to registration under section 4
if he were an applicant.
6. The provisions of section 7 of The Consumer Protection
Act apply mutatis mutandis where the Registrar proposes to
refuse, refuse to renew, suspend or revoke a registration.
7. — (1) Where the Bureau receives a complaint in respect
of a repairer and so requests in writing, the repairer shall
furnish the Bureau with such information in respect of the
matter complained of as the Bureau requires.
Idem
(2) For the purposes of subsection 1 , any officer or employee
of the Bureau may at any reasonable time enter upon the
business premises of the repairer to make an inspection in
relation to the complaint.
Inspection g. Where an officer or employee of the Bureau has reason-
able and probable grounds to believe that any person is
engaged in the business of repairing household appliances while
unregistered, the officer or employee may at any reasonable
time enter such person's business premises and make an
inspection to determine whether or not the person is in contra-
vention of section 3.
Notice of
changes
9. — (1) Every repairer shall, within five days after the
event, notify the Bureau in writing of.
116
{a) any change in the location at which he carries on
the repair business ;
(b) in the case of a corporation, any change of officers ; or
(c) in the case of a partnership, any change in the
members of the partnership.
(2) The Bureau shall be deemed to be notified under sub- ^^^^
section 1 on the day on which it is actually notified or,
where the notice is sent by mail, on the day of mailing.
10. Any notice or order given or served under this Act or Service
the regulations is sufficiently given or served if delivered
personally or sent by registered mail addressed to the last known
address of the person to whom delivery or service is to be
made in which case it shall be deemed to be given or served
on the third day after the day of mailing unless the person
establishes that he did not, acting in good faith, through
absence, accident, illness or other cause beyond his control
receive the notice at all or until a later date.
1 1 . Every person who contravenes this Act or the Offence
regulations and every director or officer of a corporation who
knowingly concurs therein are guilty of an offence and on
summary conviction are liable to a fine of not more than
$1,000.
12. The Lieutenant Governor in Council may make Regulations
regulations,
(a) governing applications for registration and renewal
of registration of repairers ;
(b) requiring repairers to make returns and furnish
information to the Bureau ;
(c) requiring the payment of fees on application for
registration under this Act or for renewal of such
registration, and prescribing the amounts thereof;
(d) prescribing forms and providing for their use ;
(e) prescribing classes of repairers and exempting any
class of repairer from the application of this Act
or the regulations or any provision thereof ;
(/) requiring any information required to be furnished
or contained in any form or return to be verified by
affidavit.
13. This Act comes into force on the day it receives Royal ^e™t"^°°^
Assent.
1 4. This Act may be cited as The Bureau of Repair Services short title
Act, 1973.
116
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BILL 117 Private Member's Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to provide for Uniform
Time in the Province of Ontario
Mr. Cassidy
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
The Bill proposes the use of daylight saving time on a year round basis.
117
BILL 117 1973
An Act to provide for Uniform
Time in the Province of Ontario
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows :
1. In this Act, Interpre-
' tation
(a) "Eastern daylight saving time" means time which
is four hours behind Greenwich time ;
{b) "Eastern standard time" means time which is five
hours behind Greenwich time.
2. Subject to section 3, the time used in the Province ^^yii^^t
J ' saving time
of Ontario from the first day of January to the thirty-first
day of December in each year shall be Eastern daylight saving
time.
3. The Lieutenant Governor in Council may make regula- ^®^"^**'i°'^^
tions varying the application of this Act within a municipal-
ity where the municipality, by resolution of its council,
requests the use of Eastern standard time for all or part of
a year.
4. This Act comes into force on the day it receives Royal ^o^^^'^'^^-
Assent.
5. This Act may be cited as The Uniform Time Act, 1973. Short title
117
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BILL 118 Private Member's Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to provide for the
Controlling of Hours in Retail Establishments
Mr. Paterson
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
The purpose of the Bill is to provide for uniform holidays and business
hours for retail establishments throughout the Province.
118
BILL 118 1973
An Act to provide for the
Controlling of Hours in Retail Establishments
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, "retail establishment" means any establish- J°^?^p^®-
ment or place where goods are sold or offered for sale at retail.
2. The Minister of Consumer and Commercial Relations ^dministra-
responsible for the administration of this Act.
3. This Act does not apply to, Swilh-
establish-
ments
{a) a retail establishment or that part of a retail
establishment whose main activity is the sale of,
(i) newspapers or periodicals,
(ii) tobacco or articles required for the use of
tobacco,
(iii) meals,
(iv) goods to be consumed on the premises,
including delicatessen products,
(v) pastries, confectionery or dairy products,
(vi) pharmaceutical, hygienic or sanitary pro-
ducts,
(vii) gasoline, motor oil or fuel oil,
(viii) trailers or boats,
(ix) agricultural machinery, or
(x) flowers or farm produce from stands ;
118
R|-Oi970, (ft) a government store as defined in The Liquor Control
Act;
«j^3?i 78™' (^^ ^ retail establishment in a provincial park established
under The Provincial Parks Act, a conservation area
established under The Conservation Authorities Act
or a park under the management of The Niagara
Parks Commission or The St. Lawrence Parks
Commission;
{d) a retail establishment or that part of a retail
establishment where goods are sold only as accessory
to services rendered in carrying out a contract of
lease ; or
(e) a retail establishment in a tourist or resort com-
munity designated in the regulations.
Days when 4 — 1\\ Nq customer shall be admitted to a retail establish-
customer not ^ '
admitted ment on,
{a) New Year's Day ;
{b) Good Friday ;
(c) Easter Monday ;
{d) Victoria Day ;
{e) Dominion Day ;
(/) Civic Holiday ;
{g) Labour Day ;
{h) Thanksgiving Day ;
{i) Christmas Day ; or
(_;') the 26th day of December before 1.00 o'clock in the
afternoon.
wei" (2) Except for those days listed in clauses h, c and g, where
any day listed in subsection 1 falls on a Sunday, the day next
following is in lieu thereof a day when no customer shall be
admitted to a retail establishment.
Hourswhen 5 — tu Except from the 1st day of December to the 31st
customer not , ,^ ' , ^ , ,, , i •,. i ^ ^ -i
admitted day of December, no customer shall be admitted to a retail
establishment,
118
{a) before 8.00 o'clock in the morning; or
(b) after 6.00 o'clock in the evening,
on Monday, Tuesday, Wednesday or Saturday.
(2) No customer shall be admitted to a retail establishment, i^^em
{a) before 8.00 o'clock in the morning ; or
{b) after 10.00 o'clock in the evening,
on a Thursday or Friday.
6. No customer shall remain in a retail establishment Ji"!^ liniit
for
for more than thirty minutes after the hour after which it is customers
forbidden to admit customers under section 5.
7. Every person who contravenes any provision of this Offence
Act is guilty of an offence and on summary conviction is
liable to a fine of not more than $1,000.
8. The Lieutenant Governor in Council may make regu- ^^^ruiations
lations designating tourist and resort areas for the purpose
of clause e of section 3.
9. This Act comes into force on the 1st day of January, 1974.co^mence-
10. This Act may be cited as The Retail Establishment ^^°^^^^^^^
Business Hours Act, 1973.
118
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BILL 119 Private Member's Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Consumer Protection Act
i
Mr. Deacon
TORONTO
Printed AND Published bytheQueen'sPrinterandPublisher
' ■• Explanatory Note
The Bill provides for warnings in rental contracts as to whether or not loss
of or damage to the goods rented is included in the rental fee. The warnings
also point out that the person renting the goods may be responsible for loss
of or damage to the rented goods where no insurance is included.
119
BILL 119 1973
An Act to amend The Consumer Protection Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows :
1. The Consumer Protection Act, being chapter 82 of the Revised ^^^^j^^^^j
Statutes of Ontario, 1970, is amended by adding thereto the
following Part :
PART III-A
Rental Contracts
43a. — (1) Where a person enters into a contract for the Whether
irii ri 1- insurance
rental of goods, the owner of the goods or his agent, as the case included in
may be, shall inform the person as to whether or not insurance
for loss of or damage to the goods is included in the rental fee.
(2) Where a contract referred to in subsection 1 is a written warning
contract, the contract shall have printed on it in bold face type
in the manner prescribed in the regulations, a warning as to
whether or not insurance for loss of or damage to the goods is
included in the rental fee.
436. — (1) Where a contract referred to in subsection 1 of ^^?^°^^^'
section 43fl does not include insurance for loss of or damage loss or damage
to the goods as part of the rental fee, the owner of the goods
or his agent, as the case may be, shall inform the person renting
the goods that the person may be responsible for loss of or
damage to the goods rented.
(2) Where a contract referred to in subsection 1 is a written warning
contract, the contract shall have printed on it in bold face
type in the manner prescribed in the regulations, a warning
that the person renting the goods may be responsible for loss
of or damage to the goods rented.
2. Section 49 of the said Act, as amended by the Statutes of Ontario, |jj^e'jj(jg(j
1971, chapter 50, section 23, is further amended by adding
thereto the following clause :
119
(/>) prescribing the manner in which the warnings
referred to in subsection 2 of section 43a and sub-
section 2 of section 436 are to be used in rental
contracts.
Commence- 3 fhis Act comes into force on the day it receives Royal Assent.
ment -^ •'
Short title 4^ This Act may be cited as The Consumer Protection Amendment
Act, 1973.
119
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BILL 120 Private Member's Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Workmen's Compensation Act
Mr. Martel
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
Where a workman has an industrial disease and there is a time lag
between its incurrence and its effects, the amendment requires him to be
compensated on the basis of the scale of pay when the disability takes
effect, and not on the scale of pay when it was incurred.
120
JILL 120 1973
An Act to amend
The Workmen's Compensation Act
[TER MAJESTY, by and with the advice and consent of the
^ Legislative Assembly of the Province of Ontario, enacts as
Hows :
1. Section 118 of The Workmen's Compensation Act, being chapter s- ii8,
505 of the Revised Statutes of Ontario, 1970, is amended by
adding thereto the following subsection :
(6a) For the purposes of fixing the amount of the com- Average
• ■ 1 1 11 1 1 1 earnings
pensation, the accident shall be deemed to have occurred at
the time the application for compensation is made and the
average earnings shall be deemed to be at the rate being
earned by a person in the same grade employed in the same
work in the same locality at the time of the application.
2. This Act comes into force on the day it receives Royal Assent, m^e™™^^'^^
3. This Act may be cited as The Workmen's Compensation ^wg«^- short title
ment Act, 1973.
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BILL 121 Private Member's Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to establish
The Gasoline Retailers Bill of Rights
Mr. Deacon
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
The Bill establishes a Bill of Rights for gasoline retailers.
121
BILL 121 1973
An Act to establish
The Gasoline Retailers Bill of Rights
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, "motor vehicle fuel" means any gas ori^terpre-
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 aviation
fuel or the products commonly known as fuel oil, coal oil
or kerosene, except when any such product is mixed or
combined with motor vehicle fuel.
2. Notwithstanding the terms of any contract between an Entitlement
oil company or any other suppher of petroleum products and
a retailer, where a retailer of petroleum products is required
or permitted to,
{a) invest his own money;
(6) take a risk of losing his own money;
(c) pay salaries to employees;
(d) lease the retail premises, pay an occupancy charge
for the premises or own the premises ; or
{e) buy motor vehicle fuel or other merchandise or be
charged with the cost of motor vehicle fuel or other
merchandise for resale,
the retailer is entitled to the rights set out in section 4
and where the retailer is a tenant he is also entitled to the
rights set out in section 3.
3. Where an oil company or other supplier provides premises Rights
to a person to conduct the business of retailing petroleum
products and the person is required to pay a rental or
occupancy charge, that person is entitled to security of tenure
under a lease which is deemed to include the following provi-
sions :
121
1. Rent is payable monthly and the rental formula is
not to be changed during the term of a lease except
with the consent of the retailer.
2. Subject to the right of either the lessor or the lessee
to terminate the lease at any time on thirty days
written notice, the term of a first lease shall not be
less than one year.
3. Except where a shorter term is agreed upon in
writing by the lessor and lessee, the term of a lease
subsequent to the lease referred to in paragraph 2 or
a renewal of a lease shall not be less than three years.
4. Where either the lessor or lessee does not intend to
renew a lease or a renewal of a lease, he shall give
the other party notice in writing, at least ninety days
before the expiry of the lease or renewal, of his
intention not to renew.
5. Subject to section 7, except where,
(i) the lessee fails to pay his monthly rent within
fifteen days of the date when it is due,
(ii) the lessee fails to maintain the retail premises
in good repair, reasonable wear and tear
excepted,
(iii) the lessee abandons the retail premises,
(iv) the lessee declares bankruptcy or becomes in-
solvent,
(v) the lessee does not operate the retail premises;
during normal business hours for that locality]
for reasons within the control of the lesseej
for three consecutive days,
(vi) the lessee sells from the retail premises motor
vehicle fuel which was not purchased from the
lessor, or
(vii) the lessee sells from the retail premises, grades
of motor vehicle fuels other than those grades
purchased from the lessor,
a lease shall not be terminated by the lessor during
its term and the exercise by the lessee of any right
conferred on him by this Act is not an exceptional
circumstance entitling a lessor to terminate.
121
6. Except where the lessee has not comphed with the
terms of the lease, a lessee has the right of first
refusal on any lease subsequent to a lease referred
to in paragraph 2 or a renewal of a lease and the
lessor shall not rent the retail premises to any other
person for a lesser rental or on more favourable terms
and conditions than have first been offered to and
declined by the existing lessee.
7. Where a lessor sells a retail premises, the lessee in
possession shall have a right of first refusal and the
lessor shall not sell the premises at a lesser price or
on more favourable terms and conditions than have
first been offered to and refused by the lessee.
8. Where there is a termination of a lease or a failure
on the part of the lessor and lessee to enter into a
new lease, the lessor shall offer to buy from the
lessee,
<.
(i) all the resaleable stock of the retail premises
at the lessee's cost, and
(ii) all the equipment in the retail premises at
fair market value.
9. In the event of the death of the lessee, the executors
of the lessee's estate may,
(i) sell the business of the retail premises, includ-
ing goodwill, to any person other than the
lessor, or
(ii) sell the stock and equipment to the lessor
subject to the provisions of paragraph 8 within
such reasonable period as may be agreed to
by the lessor.
4. — (1) A retailer of petroleum products, whether an owner R^^^^teof^^^
or tenant has the right,
{a) to join and accept office in any trade association
of his choice without interference, penalties or sanc-
tions from any oil company or other company which
is his landlord or supplies him with petroleum
products ;
(b) to make submissions or representations to- any oil
company or other company which supplies him with
petroleum products through the trade association to
121
which he belongs on behalf of himself and other
operators who sell the brand name products of that
oil company or other company;
(c) subject to subsection 2 and subject to his compliance
with the laws and by-laws of the place where he
carries on business, to determine the hours during
which his business will be open to serve the public,
and no oil company or other company which is his
landlord or supplier shall offer or give any induce-
ment or advantage or impose any penalty or sanction
to influence the operator in his free choice of business
hours ;
{d) to buy, sell, stock, display and advertise on the
premises any brand or kind of tires, batteries, acces-
sories, or other merchandise;
(e) subject to clause i and subsection 3 and except for
motor vehicle fuel, to buy, sell, stock, display or
advertise on the premises any kind or brand of
lubricating oil and grease, anti freeze, kerosene and
other petroleum products ;
(/) except where he is requested to do otherwise by a
customer, to service vehicles on the premises, in the
lubricating bay or in the service bays with any kind
or brand of anti freeze, oil, grease or lubricant;
(g) to receive from an oil company or other supplier
which advertises its brand name products to the
public, at no cost to the retailer, any articles, tickets,
chances, gifts, bonuses, premiums or other promo-
tional items or services the retailer may require to
enable the retailer to play his part as advertised in
any brand or product promotion;
(h) to receive full compensation from an oil company
or other supplier of petroleum products for providing
any services which the oil company or other supplier
advertises that the retailer will perform free or will
perform for less than his usual price and for provid-
ing any merchandise that the oil company or other
supplier advertises that the operation will provide
free or for less than the operator's usual retail price,
such that the operator's income and expense per item
are not altered as a result of the oil company's or
other supplier's advertising ;
121
(i) to an exclusive area for sales of the brand name
motor vehicle fuel, where he is required to buy,
trade, advertise or sell a brand name motor vehicle
fuel exclusively, and such area shall be determined
by equitable principles ;
(j) to be paid fair value for the goodwill of the retail
premises developed directly or indirectly by him
before he is required to vacate. ji -, i /;
(2) A lessor may require a lessee to extend the hours Extension
during which the lessee's business is open to the public for for six
a trial period of not more than six months and where the
lessee fails to realize a reasonable profit during that trial
period he may revert to his former business hours at the end
of the trial period.
(3) Where a lessee purchases products, including petroleum Promotion
products, from persons other than the lessor, the lessee shall, non-branded
products
{a) maintain a supply of the lessor's branded products
sufficient to meet requests for those products from
customers of the lessee ; and
(6) not openly display, promote or advertise products
distributed by persons other than the lessor.
5. Subiect to the provisions of sections 3 and 4, the lessor Require-
^ . '^ 111 1 • mentsby
may enter mto covenants with the lessee on matters relatmg lessor
to,
(a) the standard of service to the public to be provided
on the retail premises by the lessee;
(b) the protection of the lessor's trade mark and
brand name by the lessee;
(c) the quality and competence of the staff to be em-
ployed by the lessee;
{d) accounting procedures to be used by the lessee ; and
(e) the lessee's right to assign the lease or to sublet.
6. The lessee may require the lessor to enter into covenants ^^^'J^'^'
on matters relating to, lessee
{a) the delivery of products including petroleum products
by the lessor ;
121 i-
(b) the lessor's giving the lessee advice and guidance on
operating the retail premises;
(c) the use by the lessee of a retail credit system ; and
(d) the identification of the retail premises by the lessor's
brand name or trade mark.
Notice of
intention to
terminate
Offence
7. In the case of a default of any of the terms of the
lease, the lessor or the lessee may, on written notice, require
the other party to remedy the default within fifteen days of
giving the notice and where the default is not remedied in
that time, the lessor or the lessee, as the case may be, may
terminate the lease on a further seven days written notice.
8. Every person who violates the rights of a retailer as
provided for in this Act is guilty of an offence and on summary
conviction is liable to a fine of not more than $25,000.
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 Gasoline Retailers Bill of
Rights Act, 1973.
121
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BILL 122
Private Member's Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend
The Moosonee Development Area Board Act
Mr. Deacon
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
The Bill provides for the election of members to the Board by means of a
general election rather than by designation by the Lieutenant Governor in
Council.
122
SILL 122 1973
An Act to amend
The Moosonee Development Area Board Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
ollows :
1. — (1) Subsection 2 of section 2 of The Moosonee Development ^■^'-'^'>< ^ ^
' ^ / 1 r» 1 T-» re-enacted
Area Board Act, being chapter 277 of the Revised Statutes
of Ontario, 1970, is repealed and the following substituted
therefor :
(2) The Board shall consist of five members elected by a *^°™p°^^'^*°°
general vote of electors in the Development Area, such members
to assume the offices of chairman, vice-chairman and members
according to the number of votes received at that election.
(2a) The provisions of The Municipal Elections Act, / 972 Application
apply to an election under this Act. i9''2, c. 95
(2) Subsection 4 of the said section 2 is repealed and the ^e^enacted
following substituted therefor :
(4) Where a vacancy occurs on the Board through death, vacancy
resignation or otherwise, the vacancy shall be filled by a general
vote of electors in the Development Area.
2. This Act comes into force on the day it receives Royal Assent, m^e^r^'^"^
3. This Act may tfe cited as The Moosonee Development ^r^a short title
Board Amendment Act, 1973.
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BILL 123 Private Member's Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II. 1973
An Act to amend
The Employment Standards Act
Mr. Burr
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
The Bill would require an employer who employs twenty or more
persons to employ one disabled person for every thirty employees
(i.e. the 20th, 50th, 80th, etc.).
123.,,!..
BILL 123 1973
I An Act to amend
The Employment Standards Act
|"TER MAJESTY, by and with the advice and consent of the
tJ. Legislative Assembly of the Province of Ontario, enacts as
ioUows :
1. Section 1 of The Employment Standards ^c^, being chapter 1 47 l^^-gj^^g^
of the Revised Statutes of Ontario, 1970, is amended by adding
thereto the following clause :
{ha) "disabled person" means a person who on account
of injury, disease or congenital deformity is handi-
capped in getting or keeping reasonable employment
on his own account and whose disability is likely
to last twelve months or more.
2. The said Act is amended by adding thereto the following Part : amended
PART IX-A
HIRING OF DISABLED PERSONS
35a. Every employer shall, where he employs twenty or^'^^aMed^
more persons, employ one disabled person for every thirty be hired
persons employed by him, beginning with the twentieth
employee.
3. This Act comes into force on the day it receives Royal Assent. m°e™r^°*^^'
4. This Act may be cited as The Employment Standards Amend- ^^°^^^^^^^
ment Act, 1973.
23
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BILL 124 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Highway Traffic Act
The Hon. G. Carton
Minister of Transportation and Communications
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
Section 1. — Subsection 1. The amendment is complementary to the
new length provision for buses in the amendment to subsection 7 of section
70 of the Act.
Subsection 2. The definitions of "Minister" and "Ministry" are self-
explanatory.
The definition of "mobile home" is complementary to the amendment
of the definition of "trailer" in subsection 4 of this section of the Bill.
Subsection 3. A "mobile home" is excluded from the definition of
"trailer".
Section 2. — Subsections 1 to 4. The amendment removes the require-
ment that a conversion unit be registered. This is complementary to the
provisions in the Act permitting the carrying of 15,000 pounds in addition
to the gross weight of a registered truck-tractor when a conversion unit
is used and an additional fee is paid.
124
ILL 124 1973
An Act to amend The Highway Traffic Act
ER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
Hows :
1, — (1) Subsection 1 of section 1 of The Highway Traffic ^c^, amended
being chapter 202 of the Revised Statutes of Ontario, 1970,
is amended by adding thereto the following paragraph :
\a. "bus" means a motor vehicle designed for carrying
ten or more passengers and used for the transportation
of persons.
(2) Paragraph 15 of subsection 1 of the said section 1 is repealed re-enacted ^^'
and the following substituted therefor :
15. "Minister" means the Minister of Transportation
and Communications ;
15a. "Ministry" means the Ministry of Transportation
and Communications ;
156. "mobile home" means a vehicle, other than a motor
vehicle, that is designed and used as a residence or
working accommodation unit and exceeds 102 inches
in width or 35 feet in length.
(3) Paragraph 34 of subsection 1 of the said section 1 is amended^' ^'
amended by inserting after "husbandry" in the third
line "a mobile home".
2. — (1) Subsection 1 of section 6 of the said Act is amended by amended
striking out "trailer or conversion unit" in the first and
second lines and in the fifth line and inserting in lieu
thereof in each instance "or trailer".
(2) Subsection 3 of the said section 6 is amended by striking s. 6 (3),
<< -1 • ■ ,, • ^ r- 1 1 amended
out trailer or conversion unit m the first and second
lines and in the third line and inserting in lieu thereof
in each instance "or trailer".
24
s. 6 (4),
amended
s. 6 (5),
amended
S.6,
amended
(3) Subsection 4 of the said section 6 is amended by striking
out "trailer or conversion unit" in the third Hne an(
in the eighth Hne and inserting in Heu thereof in eacl
instance "or trailer".
(4) Subsection 5 of the said section 6 is amended by strikin
out "trailers or conversion units" in the second line an
inserting in lieu thereof "or trailers".
(5) The said section 6 is amended by adding thereto th
following subsection :
Regulations
respecting
single
journey
permits
s. 8 (4),
amended
(8) The Lieutenant Governor in Council may make regi
lations respecting the issuing of permits for motor vehicl<
or trailers that are to be driven, operated or drawn on highway
for single journeys from specified points of commencement i
specified destinations and prescribing fees to be paid therefc
3. Subsection 4 of section 8 of the said Act is amended by strikii
out "and conversion unit" in the first line. '
8.9(1) (6),
amended
8. 9 (1) (c),
amended
s.9(l)(d),
amended
8. 9 (2),
amended
4. — (1) Clause h of subsection 1 of section 9 of the said Act
amended by striking out "trailer or conversion unit"
the third line and inserting in lieu thereof "or trailer".
(2) Clause c of subsection 1 of the said section 9 is amend
by striking out "trailer or conversion unit" in the seco
line and inserting in lieu thereof "or trailer".
(3) Clause d of subsection 1 of the said section 9 is amend
by striking out "trailer or conversion unit" in the seco
line and in the third and fourth lines and inserting in 1
thereof in each instance "or trailer".
(4) Subsection 2 of the said section 9 is amended by strik
out "trailer or conversion unit" in the third line al
inserting in lieu thereof "or trailer".
8. 10 (1),
amended
5. Subsection 1 of section 10 of the said Act is amended by strikj?
out "trailer or conversion unit" in the third line and insertjg
in lieu thereof ' ' or trailer' ' .
8.11,
amended
6. Section 11 of the said Act is amended by striking out "Irak
or conversion unit" in the second line and inserting in '«
thereof "or trailer".
8.12,
amended
Registration
of vehicles
of certain
non-residents
7. Section 12 of the said Act is amended by adding thereto ^^
following subsection :
(2a) Notwithstanding subsections 1 and 2, sections 6 ar|8 i
and subsection 1 of section 10 apply to a motor vehicle ow-a
124
by a person who does not reside in Ontario that displays
registration plates of a jurisdiction other than Ontario and that
is,
{a) based and operated in Ontario by such person ; or
(6) operated by a resident of Ontario for more than a
thirty day period in any calendar year.
8. — (1) Subsection 1 of section 18 of the said Act is amended bysisd),
• • r << 1 • 1 .. • 1 11- ,< ,,-,,• amended
msertmg after vehicle m the second Ime road-buildmg
machine".
(2) Subsection 2 of the said section 18 is amended by inserting |j^8a^x^
after "vehicle" in the second line "road-building machine".
9. — (1) Subsection 1 of section 20 of the said Act is amended bys.20(i)
striking out "192, 193 or 207" in the second line and
inserting in lieu thereof "203, 204 or 219", by striking out
"221" in the fourth line and inserting in lieu thereof "233"
and by striking out "225" in the fourteenth line and
inserting in lieu thereof "238".
(2) Subsection 3 of the said section 20 is amended by striking |-^^^>^jj
out "221 or section 222, 223 or 224" in the second line and
inserting in lieu thereof "233 or section 234, 235 or 236".
LO. Subsection 1 of section 21 of the said Act is amended by striking ^ 21 (i),
•^ " amended
out "221 or section 222, 223 or 224" in the second and third
lines and inserting in lieu thereof "233 or section 234, 235 or 236"
and by striking out "225" in the thirteenth line and inserting
in lieu thereof "238".
1. Section 23 of the said Act is amended by striking out "^'2'^" Amended
in the second line and inserting in lieu thereof "233" and by
striking out "225" in the thirteenth line and inserting in lieu
thereof "238".
|2. Section 24 of the said Act is amended by striking out "225" in |j^^'jj^g^
the second line and inserting in lieu thereof "238".
3. — (1) Subsection 1 of section 35 of the said Act is amended bys.35(i),
^ ' •'- amended
striking out "parking station, parking lot or" in the second
and third lines and by striking out "but this section does
not apply to a temporary parking lot that is being
operated for a period of not more than two consecutive
weeks" in the sixth, seventh and eighth lines, so that the
subsection shall read as follows :
24
Licence
respecting
wrecking or
dismantling
of vehicles
s. 35 (3),
amended
s. 35 (4),
amended
s. 35 (6),
amended
s. 35 (7),
amended
s.37,
amended
14.
(1) No person shall store or deal in motor vehicles, or
conduct what is known as a garage business, used car lot or
the wrecking or dismantling of vehicles without having been
licensed so to do by the Ministry in respect of each separate
premises used by him for the purpose of such business.
(2) Subsection 3 of the said section 35 is amended by striking
out "parking station, parking lot or" in the second line and
by striking out "$50" in the fifth line and inserting in
lieu thereof "$500".
(3) Subsection 4 of the said section 35 is amended by striking
out "parking station, parking lot or" in the fourth line.
(4) Subsection 6 of the said section 35 is amended by striking
out "parking station, parking lot or" in the second line.
(5) Subsection 7 of the said section 35 is amended by striking
out "parking station, parking lot or" in the third and fourth
lines.
(1) Section 37 of the said Act is amended by adding thereto
the following subsections :
Covering or
coating of
lamps
prohibited
Intermittent
red light
restricted
s. 37 (12),
amended
(3a) No person shall operate or drive upon a highway a
motor vehicle where either or both of the lamps that are
required on the front of the vehicle by subsection 1 are coated
or covered with a coloured material or lacquer or where either
or both of the lamps have been modified by the attachment
to the lamps or the motor vehicle of any device that reduces
the effective area of the lenses or the intensity of the bean:
of the lamps.
(11a) Subject to subsection 12, no person shall use a lamp
other than the signalling devices referred to in subsectioi
26 and the vehicular hazard warning signal lamps commonl;
known as four way flashers, that produce intermittent flashe
of red light.
(2) Subsection 12 of the said section 37 is amended by strikini
out "or school bus" in the third line and inserting in liei
thereof "school bus or a vehicle operated by a conservatio:
officer, fishery officer, provincial park officer or mine rescuj
training officer". i
S.46,
amended
15. — (1) Section 46 of the said Act is amended by adding theret
the following subsections :
124
Subsection 5. Self-explanatory.
Section 3. The amendment is complementary to the amendments
to section 6 of the Act.
Section 4. The amendments are complementary to the amendments
to section 6 of the Act.
Section 5. The amendment is complementary to the amendments
to section 6 of the Act.
Section 6. The amendment is complementary to the amendments
to section 6 of the Act.
Section 7. The amendment excludes certain vehicles from the
exemption from registration in subsections 1 and 2 of section 12. A person
not a resident of Ontario will be required to register a vehicle that is
continuously used in Ontario or where the owner permits a person resident
in Ontario to operate the vehicle in Ontario for a period exceeding 30 days
in any year.
124
Section 8. The amendment will prohibit persons under the age of
sixteen years from driving or operating road-building machinery on a
highway.
Section 9. References to sections of the Criminal Code are changed
to conform to the section numbers in the revised Criminal Code.
Section 10. References to sections of the Criminal Code are changed
to conform to the section numbers in the revised Criminal Code.
Section 11. References to sections of the Criminal Code are changed
to conform to the section numbers in the revised Criminal Code.
Section 12. The reference to a section of the Criminal Code is revised
to conform to the section number of the revised Criminal Code.
Section 13. The section is amended to remove the provisions relating
to licensing of parking stations and parking lots. The maximum penalty
that may be imposed for carrying on the activities set out in section 35 (3)
without a licence is increased to $500.
124
(3a) The Lieutenant Governor in Council may make ^^fo safety^
regulations, |i^as«jn^
(a) prescribing standards and specifications for safety
glass used or intended to be used in a door, window
or windshield of any motor vehicle ;
(b) providing for and requiring the marking and identifi-
cation of safety glass used or intended to be used
in a door, window or windshield of any motor vehicle.
{3b) Any regulation made under subsection 3a may adopt Adop^^on
by reference, in whole or in part with such changes as the reference
Lieutenant Governor in Council considers necessary, any code
or standard and may require compliance with any code or
standard that is so adopted.
(2) Subsection 4 of the said section 46 is amended by inserting |j^|^^^'^
after "section" in the second line "or of a regulation made
under this section ' ' .
16. Section 47 of the said Act is amended by adding thereto the 1^^'^'^^^^
following subsection :
(la) No person shall drive a motor vehicle upon a highway colour
where the surface of the windshield or of any window of the obstructing
vehicle has been coated with any colour spray or other colour wbited"
i coating in such a manner as to obstruct the driver's view
1 of the highway or any intersecting highway.
I 7 . Section 53 of the said Act is amended by striking out "subsection" Ij^ln^g,!
in the seventh line and inserting in lieu thereof "section" and
by striking out "so designed and used that part of its own
weight and of its own load rests upon or is carried by another
vehicle" in the eighth, ninth and tenth lines and inserting in
heu thereof "object or device attached or coupled to the towing
vehicle by means of a fifth wheel attachment".
18. — (1) Subsection 2 of section 58 of the said Act is amended by ^ 58(2),
r ' ., . <,4.,- T f 11- 1- • • 1- -'amended
strikmgout 1 m the fourth Ime and msertmgm lieu thereof
"2".
(2) Clause a of subsection 3 of the said section 58 is amended amended^'
by striking out "subsection 4" in the first line and inserting
in lieu thereof "subsections 4 and 4a".
(3) Subsection 3 of the said section 58 is amended by striking Ij^^^^^^^jj
out "as a motor mechanic" in the tenth and eleventh lines
and inserting in lieu thereof "as a motor vehicle mechanic
in the case of a motor vehicle other than a motorcycle or,
in the case of a motorcycle, as a motorcycle mechanic".
124
8.58,
amended
Exception
8. 60 (1),
amended
8.63,
re-enacted
Sale of new
vehicles
that do not
conform to
federal
standards
prohibited
R.S.C. 1970,
c. 26 (1st Supp.)
Penalty
8.64(7),
amended
Penalty
(4) The said section 58 is amended by adding thereto tht
following subsection : -M
(4a) Subsection 3 does not apply to the transfer of a motoi
vehicle registered in Ontario that is transferred to the spous(
of the owner of the vehicle, to the estate of the deceased owner o
the vehicle, or from the deceased owner or the estate of th^
deceased owner to the deceased owner's spouse.
19. Subsection 1 of section 60 of the said Act is amended by addini
thereto the following clause :
(c) prescribing standards or specifications for any vehicle
or any class or classes thereof.
20. Section 63 of the said Act is repealed and the following sub
stituted therefor:
63. — (1) No person who deals in motor vehicles, trailers c
conversion units shall sell or offer to sell a new motor vehicb
trailer or conversion unit manufactured after the date thj
section comes into force that does not conform to the standarc
required under the Motor Vehicle Safety Act (Canada) or th^
does not bear the National Safety Mark referred to thereii
(2) Every person who contravenes any provision of sul
section 1 is guilty of an offence and on summary conviction
liable to a fine of not less than $100 and not more than $50'
21. Subsection 7 of section 64 of the said Act is amended b
inserting after "4" in the second line "or of a regulation mac
by a by-law under subsection 8 or of a regulation made und
subsection 9" , so that the subsection, exclusive of the clause
shall read as follows : I
(7) Every person who contravenes any of the provisioi
of subsection 2, 3 or 4 or of a regulation made by a by-la
under subsection 8 or of a regulation made under subsection
is guilty of an offence and on summary conviction is liable
a fine of.
8.66,
amended
Vehicles
exempt from
provisions of
subss. 4, 5
22. Section 66 of the said Act is amended by adding thereto t|
following subsection : I
(5a) The provisions of subsections 4 and 5 do not apply t(
vehicle operated on behalf of the Ministry or a municipftli
or other authority having jurisdiction and control of t
124
Section 14. — Subsection 1. The purpose of the new subsection 3a
is to prohibit the application of coloured spray or other coloured coating
to the head lamp lenses and to prohibit the use of any attachment that
reduces the effective area of the lenses or the brightness of the light.
The purpose of the new subsection 11a is to limit the use of flashing
red lights other than turn signals and four way flashers to emergency
vehicles only.
Subsection 2. The amendment adds a vehicle driven by an officer in
one of the named classifications to the list of vehicles permitted to carry
a lamp that casts a red light to the front.
Section 15. — Subsection 1. Self-explanatory.
124
Subsection 2. Complementary to new subsections 3a and 36 of section 46
of the Act.
Section 16. Self-explanatory. ^.
Section 17. The exception to the requirement of two means of
attachment to the towing vehicle is amended so that only a trailer attached
by a fifth wheel device is exempt from the requirement.
Section 18. — Subsection 1. The reference is corrected.
Subsection 2. Complimentary to subsection 4.
Subsection 3. Complementary to the trade classifications under l^he
Apprenticeship and Tradesmen's Qualification Act.
124
highway where such vehicle is engaged in the apphcation
of abrasives or chemicals to the highway or in the stockpiling
of abrasives or chemicals for use on a highway.
23. — (1) Section 68 of the said Act is amended by adding thereto s- 68,
the following subsection :
{2a) The Lieutenant Governor in Council may make Regulations
regulations prescribing the manner of loading, covering and
securing loads on vehicles or classes of vehicles operated on
highways.
(2) Subsection 3 of the said section 68 is amended by inserting s- ^8 (3),
r 1 < • , . • , 11- r 1 • 1 amended
after section in the second line or of a regulation made
under subsection 2a".
24. — (1) Subsection 3 of section 70 of the said Act is amended bv^-^^^i-^
... < 1- • 1 . • r- amended
striking out public vehicle in the first line and inserting
in lieu thereof "bus".
(2) Subsection 7 of the section 70 is repealed and the ^^'^^^^l^^^g^
following substituted therefor :
(7) No bus, including load or contents, shall exceed the length
length of 40 feet but an increase in the length of a bus caused
by the addition of a liquid filled or other energy-absorbing
bumper shall not be included in determining the length of the
bus.
|25. — (1) Clause j of subsection 1 of section 71 of the said Act is rJenacted
repealed and the following substituted therefor :
(J) "triple axle" means any three consecutive axles
that,
(i) have their consecutive centres equally spaced,
and
(ii) have their consecutive centres more than
40 inches apart,
and that,
(iii) are articulated from an attachment to the
vehicle common to the consecutive axles, or
(iv) are designed to equalize the load between the
three axles under all conditions of loading.
(2) The said section 71 is amended by adding thereto the ^^
following subsections :
124
amended
8
Where three
consecutive
axles not
equally
spaced
[la) Where three consecutive axles that are articulated
from an attachment to the vehicle common to the consecutive
axles are not a triple axle within the meaning of clause j
of subsection 1 because their consecutive centres are not
equally spaced, that one of the three consecutive axles that
is most remote from the centre axle of the consecutive axles
shall be deemed to be a single axle and the other two
axles shall be deemed to be a dual axle.
Idem
s. 74 (2),
amended
s. 77,
amended
Conversion
unit
27.
{lb) Where three consecutive axles that are not articulated
from an attachment to the vehicle common to the consecutive
axles are not a triple axle within the meaning of clause j
of subsection 1 because their consecutive centres are not
equally spaced, any two of the axles that are articulated
from an attachment to the vehicle common to the two axles
shall be deemed to be a dual axle and the third of the three
axles shall be deemed to be a single axle.
26. Subsection 2 of section 74 of the said Act is amended bj
striking out
"Wm is the axle group weight limit
Bm is the equivalent base length of the axle group
b is the base length, being the distance between th«
extreme axle of an axle group"
in the eighth, ninth, tenth and eleventh lines and inserting ii
lieu thereof
"Wm is the axle group weight limit in thousands of pound
Bm is the equivalent base length of the axle group ii
feet
b is the base length, being the distance between th
extreme axles of an axle group in feet".
(1) Section 77 of the said Act is amended by adding theret
the following subsections :
{2a) Notwithstanding subsection 1 and subject to section 7\
where a conversion unit is used to convert a two axle truck
tractor into a three axle truck-tractor and the fee pn
scribed by the regulations has been paid, the vehicle c
combination of vehicles may have on a highway a groi
weight that exceeds by not more than 15,000 pounds th
maximum gross weight for which the vehicle or combin
tion of vehicles was registered and for which a permit W3
issued under this Act.
124
Subsection 4. Self-explanatory.
Section 19. Self-explanatory.
Section 20. Subsection 1 is amended to include references to trailers
and conversion units. The new subsection 2 provides a separate penalty
for contravention of subsection 1.
Section 21. Subsection 8 of section 64 of the Act provides that a
municipality may by by-law limit the gross weight of vehicles on a bridge
and subsection 9 provides that the Lieutenant Governor in Council may
by regulation limit the gross weight of vehicles on a bridge in territory
without municipal organization. The amendment provides for an offence
and a penalty for contravention of a by-law or a regulation made under
subsection 8 or 9 of the section.
Section 22. Subsections 4 and 5, referred to in the new subsection 5a,
are the half-load provisions of section 66 of the Act.
124
Section 23. Self-explanatory.
Section 24. Self-explanatory.
Section 25. The interpretation provisions relating to triple axles are
extended and clarified.
124
{2b) Where additional weight of not more than 15,000 conversion
pounds is carried in accordance with subsection 2a, the receipt production
^ . . '^ of receipt
issued by the Ministry for the fee paid in respect of the for payment
gross weight in excess of that for which the permit was issued
shall be carried by the driver of the vehicle or placed in
some readily accessible place in the vehicle and shall be
produced when demanded by a constable or an officer
appointed for carrying out the provisions of this Act or
The Public Commercial Vehicles Act. ^fr,?- ^^'^^^
C. 61a
(5a) The provisions of subsections 4 and 5 do not apply to vehicles
a vehicle operated on behalf of the Ministry or a municipality provisions of
or other authority having jurisdiction and control of the ^"*'^^' ^' ^
highway where such vehicle is engaged in the application
of abrasives or chemicals to the highway or in the stockpiling
of abrasives or chemicals for use on a highway.
(2) Subsection 6 of the said section 77 is amended by inserting Ij^g^^^^^
after "1" in the second line "26".
28.— (1) Table 1 to Part VII of the said Act is amended by Pa^ vn,
striking out "40 or less" in Column One and by striking amended
out "20,000" in Column Two.
(2) Table 2 to the said Part VII is amended by striking P|^tm
out "80 or less" in Column One and by striking out amended
"35,000" in Column Two.
29. Subsection 1 of section 106 of the said Act is repealed and the re-enacted
following substituted therefor :
(1) The driver of a vehicle, upon the approach of an ^^^1^,^^^^^^^.
ambulance, fire or police department vehicle or public vewcies.etc.
<fi-x u- 1 u- u u 11 • A- approaching
utility emergency vehicle upon which a bell or siren is sounding
or a lamp located on the roof of a vehicle is producing
j intermittent flashes of red light, shall immediately bring
such vehicle to a standstill,
{a) as near as is practicable to the right-hand curb or
edge of the roadway and parallel therewith and clear
of any intersection ; or
[b) when on a roadway having more than two lanes for
traffic and designated for the use of one-way traffic,
as near as is practicable to the nearest curb or
edge of the roadway and parallel therewith and
clear of any intersection.
124
10
8.154(1) (a), 30 .
amended »^v.
[1) Clause a of subsection 1 of section 154 of the said Act
is amended by striking out "222 or subsection 3 of section
225" in the second line and inserting in lieu thereof
"234 or subsection 3 of section 238".
8.154(1) (6),
amended
(2) Clause b of subsection 1 of the said section 154 is amended
by striking out "221" in the first line and inserting in
lieu thereof "233".
Commence-
ment
31. — (1) This Act, except sections 8 and 13, subsection 1 of section 14
and sections 16, 25 and 29, comes into force on the day
it receives Royal Assent.
Idem
(2) Section 8, subsection 1 of section 14 and section 16,
25 and 29 come into force on the 30th day of September,
1973.
Idem
(3) Section 13 comes into force on the 1st day of January, 1974.
Short title
32. This Act may be cited as The Highway Traffic Amendment
Act, 1973.
tH
124
Section 26. The terms are redefined for greater clarity.
Section 27. — Subsection 1. Subsection 2a provides for an additional
gross weight of not more than 15,000 pounds when a vehicle uses a con-
version unit and an additional fee has been paid.
Subsection 26 requires the driver of a vehicle that uses a conversion
unit to carry the receipt for payment of the fee in respect of the additional
gross weight allowed with use of the conversion unit and to produce the
receipt on demand by a constable or other officer.
Subsection 5a is complementary to section 66 (5a).
124
Subsection 2. The amendment provides that contravention of sub-
section 2b is an offence and provides for a fine upon summary conviction.
Section 28. The tables are amended to conform to the definitions
of dual and triple axles.
Section 29. The rule requiring the driver of a vehicle to move to the
side of the road on the approach of an emergency vehicle is extended to
provide for vehicles on one-way roadways.
124
Section 30. References to sections of the Criminal Code are changed
to conform to the revised Criminal Code.
124
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BILL 124
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
I, An Act to amend The Highway Traffic Act
I
The Hox. G. Carton
Minister of Transportation and Commonications
TORONTO
Prixted axd Pcbushed by the QrEEs'5 Prijeteb axd Ptblishek
^
BILL 124 1973
An Act to amend The Highway Traffic Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
bllows :
1. — (1) Subsection 1 of section 1 of The Highway Traffic Act, ^g^^^^Aea
being chapter 202 of the Revised Statutes of Ontario, 1970,
is amended by adding thereto the following paragraph :
\a. "bus" means a motor vehicle designed for carrying
ten or more passengers and used for the transportation
of persons.
(2) Paragraph 15 of subsection 1 of the said section 1 is repealed re-enacted ^^'
and the following substituted therefor :
15. "Minister" means the Minister of Transportation
and Communications ;
15a. "Ministry" means the Ministry of Transportation
and Communications ;
156. "mobile home" means a vehicle, other than a motor
vehicle, that is designed and used as a residence or
working accommodation unit and exceeds 102 inches
in width or 35 feet in length.
(3) Paragraph 34 of subsection 1 of the said section 1 is amended "^^ ^^'
amended by inserting after "husbandry" in the third
line "a mobile home".
2. — (1) Subsection 1 of section 6 of the said Act is amended by |j^^n'^ed
striking out "trailer or conversion unit" in the first and
second lines and in the fifth line and inserting in lieu
thereof in each instance "or trailer".
(2) Subsection 3 of the said section 6 is amended by striking s. 6 ox ^
out "trailer or conversion unit" in the first and second
lines and in the third line and inserting in lieu thereof
in each instance "or trailer".
1124
s. 6 (4),
amended
(3) Subsection 4 of the said section 6 is amended by striking
out "trailer or conversion unit" in the third Hne and
in the eighth Hne and inserting in Heu thereof in each
instance "or trailer".
s.6(5),
amended
amended
(4) Subsection 5 of the said section 6 is amended by striking
out "trailers or conversion units" in the second line and
inserting in lieu thereof "or trailers".
(5) The said section 6 is amended by adding thereto t
following subsection :
Regulations
respecting
single
journey
permits
(8) The Lieutenant Governor in Council may make regu-
lations respecting the issuing of permits for motor vehicles
or trailers that are to be driven, operated or drawn on highways
for single journeys from specified points of commencement to
specified destinations and prescribing fees to be paid therefor.
s. 8 (4),
amended
s.9(l)(6),
amended
3. Subsection 4 of section 8 of the said Act is amended by striking
out "and conversion unit" in the first line.
4. — (1) Clause h of subsection 1 of section 9 of the said Act is
amended by striking out "trailer or conversion unit" ir
the third line and inserting in lieu thereof "or trailer".
s.9(l)(c),
amended
(2) Clause c of subsection 1 of the said section 9 is amendecj
by striking out "trailer or conversion unit" in the seconcj
line and inserting in lieu thereof "or trailer". I
s.9(l)(d),
amended
(3) Clause d of subsection 1 of the said section 9 is amendec
by striking out "trailer or conversion unit" in the secon(|
line and in the third and fourth lines and inserting in lieil
thereof in each instance "or trailer".
s. 9 (2),
amended
s. 10 (1),
amended
(4) Subsection 2 of the said section 9 is amended by strikin
out "trailer or conversion unit" in the third line an<
inserting in lieu thereof "or trailer".
5. Subsection 1 of section 10 of the said Act is amended by strikin
out "trailer or conversion unit" in the third line and insertin
in lieu thereof "or trailer".
s. 11,
amended
6. Section 11 of the said Act is amended by striking out "traik
or conversion unit" in the second line and inserting in lie
thereof "or trailer".
8.12,
amended
Registration
of vehicles
of certain
non-residents
7. Section 12 of the said Act is amended by adding thereto tli
following subsection : {
(2a) Notwithstanding subsections 1 and 2, sections 6 and!
and subsection 1 of section 10 apply to a motor vehicle owne'
124
by a person who does not reside in Ontario that displays
registration plates of a jurisdiction other than Ontario and that
is,
(a) based and operated in Ontario by such person ; or
(b) operated by a resident of Ontario for more than a
thirty day period in any calendar year.
(1) Subsection 1 of section 18 of the said Act is amended bv^-^^^l^-.
3.m6TlQ6Q
inserting after "vehicle" in the second line "road-building
machine".
(2) Subsection 2 of the said section 18 is amended by inserting s- 1^ (2),
after "vehicle" in the second line "road-building machine".
9. — (1) Subsection 1 of section 20 of the said Act is amended byH-20(i),
striking out "192, 193 or 207" in the second line and
inserting in lieu thereof "203, 204 or 219", by striking out
"221" in the fourth line and inserting in lieu thereof "233"
and by striking out "225" in the fourteenth line and
inserting in lieu thereof "238".
(2) Subsection 3 of the said section 20 is amended by striking ly^^^^ed
out "221 or section 222, 223 or 224" in the second line and
inserting in lieu thereof "233 or section 234, 235 or 236".
10. Subsection 1 of section 21 of the said Act is amended by striking ^^^w^^
out "221 or section 222, 223 or 224" in the second and third
lines and inserting in lieu thereof "233 or section 234, 235 or 236"
and by striking out "225" in the thirteenth line and inserting
in lieu thereof "238".
11. Section 23 of the said Act is amended by striking out '"2^^" ^^mended
in the second line and inserting in lieu thereof "233" and by
striking out "225" in the thirteenth line and inserting in lieu
thereof "238".
12. Section 24 of the said Act is amended by striking out "225" in Ij^g-j^^jg^j
the second line and inserting in lieu thereof "238".
13. — (1) Subsection 1 of section 35 of the said Act is amended by ai^ended
striking out "parking station, parking lot or" in the second
and third lines and by striking out "but this section does
not apply to a temporary parking lot that is being
operated for a period of not more than two consecutive
weeks" in the sixth, seventh and eighth lines, so that the
subsection shall read as follows :
124
Licence
respecting
wrecking or
dismantling
of vehicles
s. 35 (3),
amended
(1) No person shall store or deal in motor vehicles, or
conduct what is known as a garage business, used car lot or
the wrecking or dismantling of vehicles without having been
licensed so to do by the Ministry in respect of each separate
premises used by him for the purpose of such business.
(2) Subsection 3 of the said section 35 is amended by striking
out "parking station, parking lot or" in the second line and
by striking out "$50" in the fifth line and inserting in
lieu thereof "$500".
s.35(4),
amended
(3) Subsection 4 of the said section 35 is amended by striking
out "parking station, parking lot or" in the fourth line.
s. 35 (6),
amended
s. 35 (7),
amended
S.37,
amended
(4)
(5)
14.-(1]
Subsection 6 of the said section 35 is amended by striking
out "parking station, parking lot or" in the second line.
Subsection 7 of the said section 35 is amended by striking
out "parking station, parking lot or" in the third and fourth
lines. V
Section 37 of the said Act is amended by adding thereto
the following subsections : ^
Covering or
coating of
lamps
prohibited
{3a) No person shall operate or drive upon a highway a
motor vehicle where either or both of the lamps that are
required on the front of the vehicle by subsection 1 are coated
or covered with a coloured material or lacquer or where either
or both of the lamps have been modified by the attachment
to the lamps or the motor vehicle of any device that reduces
the effective area of the lenses or the intensity of the beam
of the lamps.
Intermittent
red light
restricted
s. 37 (12),
amended
s. 46,
amended
(Ua) Subject to subsection 12, no person shall use a lamp,
other than the signalling devices referred to in subsection
26 and the vehicular hazard warning signal lamps commonly
known as four way flashers, that produce intermittent flashes
of red light.
(2) Subsection 12 of the said section 37 is amended by striking
out "or school bus" in the third line and inserting in lieu
thereof "school bus or a vehicle operated by a conservation
officer, fishery officer, provincial park officer or mine rescue
training officer".
I5,_(l) Section 46 of the said Act is amended by adding thereto
the following subsections :
124
(3a) The Lieutenant Governor in Council may make as^fo safety^
regulations , glass in
" vehicles
{a) prescribing standards and specifications for safety
glass used or intended to be used in a door, window
or windshield of any motor vehicle ;
(b) providing for and requiring the marking and identifi-
cation of safety glass used or intended to be used
in a door, window or windshield of any motor vehicle.
{3b) Any regulation made under subsection 3a may adopt Adoption
by reference, in whole or in part with such changes as the reference
Lieutenant Governor in Council considers necessary, any code
or standard and may require compliance with any code or
standard that is so adopted.
(2) Subsection 4 of the said section 46 is amended by inserting Ij^e^'^^^^^j
after "section" in the second line "or of a regulation made
under this section".
16. Section 47 of the said Act is amended by adding thereto the Ij^'^-jj^^^
following subsection :
(1«) No person shall drive a motor vehicle upon a highway colour
where the surface of the windshield or of any window of the obstructing
vehicle has been coated with any colour spray or other colour hibTted"
coating in such a manner as to obstruct the driver's view
of the highway or any intersecting highway.
17. Section 53 of the said Act is amended by striking out "subsection" 1^^,^^^^
in the seventh line and inserting in lieu thereof "section" and
by striking out "so designed and used that part of its, own
weight and of its own load rests upon or is carried by another
vehicle" in the eighth, ninth and tenth lines and inserting in
lieu thereof "object or device attached or coupled to the towing
j vehicle by means of a fifth wheel attachment" .
8. — (1) Subsection 2 of section 58 of the said Act is amended by |j^^(^^)^^
striking out " 1 " in the fourth line and inserting in lieu thereof
"2".
(2) Clause a of subsection 3 of the said section 58 is amended Imtnded'^'
by striking out "subsection 4" in the first line and inserting
in lieu thereof "subsections 4 and 4a".
(3) Subsection 3 of the said section 58 is amended by striking |j^|^^^^4(j
out "as a motor mechanic" in the tenth and eleventh lines
and inserting in lieu thereof "as a motor vehicle mechanic
in the case of a motor vehicle other than a motorcycle or,
in the case of a motorcycle, as a motorcycle mechanic".
124
s. 58,
amended
(4) The said section 58 is amended by adding thereto the
following subsection :
Exception
{4a) Subsection 3 does not apply to the transfer of a motor
vehicle registered in Ontario that is transferred to the spouse
of the owner of the vehicle, to the estate of the deceased owner of
the vehicle, or from the deceased owner or the estate of the
deceased owner to the deceased owner's spouse.
s. 60 (1),
amended
1 9. Subsection 1 of section 60 of the said Act is amended by adding
thereto the following clause :
(c) prescribing standards or specifications for any vehicles
or any class or classes thereof.
S.63,
re-enacted
20. Section 63 of the said Act is repealed and the following sub-
stituted therefor:
Sale of new
vehicles
that do not
conform to
federal
standards
prohibited
R.S.C. 1970,
c. 26 (1st Supp.)
63. — (1) No person who deals in motor vehicles, trailers O;
conversion units shall sell or of^er to sell a new motor vehicle
trailer or conversion unit manufactured after the date thi*^^
section comes into force that does not conform to the standard
required under the Motor Vehicle Safety Act (Canada) or tha
does not bear the National Safety Mark referred to therein
Penalty
s. 64 (7),
amended
Penalty
(2) Every person who contravenes any provision of sub
section 1 is guilty of an offence and on summary conviction i
liable to a fine of not less than $100 and not more than $50C
21. Subsection 7 of section 64 of the said Act is amended b;
inserting after "4" in the second line "or of a regulation mad
by a by-law under subsection 8 or of a regulation made unde
subsection 9", so that the subsection, exclusive of the clauses
shall read as follows :
(7) Every person who contravenes any of the provision
of subsection 2, 3 or 4 or of a regulation made by a by-la^
under subsection 8 or of a regulation made under subsection
is guilty of an offence and on summary conviction is liable t
a fine of.
S.66,
amended
Vehicles
exempt from
provisions of
subss. 4, 5
22. Section 66 of the said Act is amended by adding thereto tl
following subsection :
(5a) The provisions of subsections 4 and 5 do not apply to
vehicle operated on behalf of the Ministry or a municipalit
or other authority having jurisdiction and control of tl
1.24
I; highway where such vehicle is engaged in the apphcation
Wf of abrasives or chemicals to the highway or in the stockpiling
■* of abrasives or chemicals for use on a highway.
23. — (1) Section 68 of the said Act is amended by adding thereto s. 68,
, ^ ,, . , . -' " amended
the tollowmg subsection :
{2a) The Lieutenant Governor in Council may make Regulations
regulations prescribing the manner of loading, covering and
securing loads on vehicles or classes of vehicles operated on
highways.
(2) Subsection 3 of the said section 68 is amended by inserting s. 68 (3)
c << ■.)•, 11- ., r 1- amended
after section in the second line or of a regulation made
under subsection 2a".
24. — (1) Subsection 3 of section 70 of the said Act is amended by l^^o (^^)^^
striking out "public vehicle" in the first line and inserting
in lieu thereof "bus".
(2) Subsection 7 of the section 70 is repealed and the^jom^^^^
following substituted therefor :
(7) No bus, including load or contents, shall exceed the Length
length of 40 feet but an increase in the length of a bus caused
by the addition of a liquid filled or other energy-absorbing
bumper shall not be included in determining the length of the
bus.
25. — (1) Clause j of subsection 1 of section 71 of the said Act is re-enacted
repealed and the following substituted therefor:
(J) "triple axle" means any three consecutive axles
that,
(i) have their consecutive centres equally spaced,
and
(ii) have their consecutive centres more than
40 inches apart,
and that,
(iii) are articulated from an attachment to the
vehicle common to the consecutive axles, or
(iv) are designed to equalize the load between the
three axles under all conditions of loading.
(2) The said section 71 is amended by adding thereto the ^^^
following subsections :
124
amended
8
Where three (1^) Where three consecutive axles that are articulated
axles not from an attachment to the vehicle common to the consecutive
spaced axles are not a triple axle within the meaning of clause j
of subsection 1 because their consecutive centres are not
equally spaced, that one of the three consecutive axles that
is most remote from the centre axle of the consecutive axles
shall be deemed to be a single axle and the other two
axles shall be deemed to be a dual axle.
^^^"^ (16) Where three consecutive axles that are not articulated
from an attachment to the vehicle common to the consecutive
axles are not a triple axle within the meaning of clause j
of subsection 1 because their consecutive centres are not
equally spaced, any two of the axles that are articulated
from an attachment to the vehicle common to the two axles
shall be deemed to be a dual axle and the third of the three
axles shall be deemed to be a single axle.
s.74(2), 26. Subsection 2 of section 74 of the said Act is amended b
amended •, ■ .
stnkmg out
"U'm is the axle group weight limit . .
Bm is the equivalent base length of the axle group
b is the base length, being the distance between the
extreme axle of an axle group"
in the eighth, ninth, tenth and eleventh lines and inserting in
lieu thereof
"Wm is the axle group weight limit in thousands of pounds
Bm is the equivalent base length of the axle group in
feet
b is the base length, being the distance between the
extreme axles of an axle group in feet".
S.77, 27. — (1) Section 77 of the said Act is amended by adding thereto
the following subsections : l
^onversion (2a) Notwithstanding subsection 1 and subject to section 73 1
where a conversion unit is used to convert a two axle truck- j
tractor into a three axle truck-tractor and the fee pre- 1
scribed by the regulations has been paid, the vehicle orj
combination of vehicles may have on a highway a grossj
weight that exceeds by not more than 15,000 pounds the!
maximum gross weight for which the vehicle or combina-i
tion of vehicles was registered and for which a permit Was
issued under this Act. I
I
124 i
{2b) Where additional weight of not more than 15,000 Conversion
pounds is carried in accordance with subsection 2a, the receipt production
^ ... ^ of receipt
issued by the Ministry for the fee paid in respect of the for payment
gross weight in excess of that for which the permit was issued
shall be carried by the driver of the vehicle or placed in
some readily accessible place in the vehicle and shall be
produced when demanded by a constable or an officer
appointed for carrying out the provisions of this Act or
The Public Commercial Vehicles Act. ^S,?- ^^'°'
0.375
(5a) The provisions of subsections 4 and 5 do not apply to vehicles
a vehicle operated on behalf of the Ministry or a municipality provisions of
or other authority having jurisdiction and control of the ^" ^^' '*' ^
highway where such vehicle is engaged in the application
of abrasives or chemicals to the highway or in the stockpiling
of abrasives or chemicals for use on a highway.
(2) Subsection 6 of the said section 77 is amended by inserting Ij^g^^eij
after "1" in the second line "2b".
28.— (1) Table 1 to Part VII of the said Act is amended by P^rt vn,
striking out "40 or less" in Column One and by striking amended
out "20,000" in Column Two.
(2) Table 2 to the said Part VII is amended by striking P^^tg^i-
out "80 or less" in Column One and by striking out amended
"35,000" in Column Two.
59. Subsection 1 of section 106 of the said Act is repealed and the re^gna^ted
following substituted therefor :
(1) The driver of a vehicle, upon the approach of an ^inlrtment
ambulance, fire or police department vehicle or public vehicles etc.,
utility emergency vehicle upon which a bell or siren is sounding
or a lamp located on the roof of a vehicle is producing
intermittent flashes of red light, shall immediately bring
such vehicle to a standstill,
(a) as near as is practicable to the right-hand curb or
edge of the roadway and parallel therewith and clear
of any intersection ; or
(b) when on a roadway having more than two lanes for
traffic and designated for the use of one-way traffic,
as near as is practicable to the nearest curb or
edge of the roadway and parallel therewith and
clear of any intersection.
1 24
10
s. 154(1) (a), QQ _
amended *
[1) Clause a of subsection 1 of section 154 of the said Act
is amended by striking out "222 or subsection 3 of section
225" in the second line and inserting in lieu thereof
"234 or subsection 3 of section 238".
s. 154(1) (6),
amended
(2) Clause b of subsection 1 of the said section 154 is amended
by striking out "221" in the first line and inserting
lieu thereof "233".
Commence-
ment
31. — (1) This Act, except sections 8 and 13, subsection 1 of section 14
and sections 16, 25 and 29, comes into force on the day
it receives Royal Assent.
Idem
(2) Section 8, subsection 1 of section 14 and sections 16,
25 and 29 come into force on the 30th day of September,
1973.
Idem
(3) Section 13 comes into force on the 1st day of January, 1974.
Short title 32. This Act may be cited as The Highway Traffic Amendmen,
Act, 1973.
124
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BILL 125 Private Member's Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend
The Conservation Authorities Act
Mr. Kennedy
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
Thi' l^ill provides for notice to land owners wlicrc an authority tiles
regulations to control fill and construction of waterways under its juris-
diction. The amendment also provides for registration of a copy of the
regulation on title in the proper land registry office.
125
ILL 125 1973
An Act to amend
The Conservation Authorities Act
IER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
lows :
1. Section 27 of The Conservation Authorities Act, being chapter 78|-^'jj^g^
of the Revised Statutes of Ontario, 1970, as amended by the
Statutes of Ontario, 1971, chapter 64, section 5, is further
amended by adding thereto the following subsections :
(la) For the purposes of this section, "service" may be service
personal service or service by registered mail addressed to the
person to be served at his last known address, or if that person
or his address is unknown, by publication once a week for
three weeks in a newspaper having general circulation in the
locality in which the land concerned is situate and service
shall be deemed to be made,
{a) in the case of service by registered mail, on the
second day after the day of mailing ; and
{h) in the case of service by publication, on the date of
the third publication.
(16) Where an authority makes a regulation under clause Registration
.' , . , -^ , . ,11 and notice
e or/ of subsection 1 , the authority shall,
{a) register, within twenty-four hours after filing the
regulation in the proper land registry office a copy of
the regulation signed by the authority ; and
[h) serve a copy of the regulation signed by the authority,
upon each owner whose lands are the subject of the regulation
and shall pubhsh a copy of the regulation once a week for
three consecutive weeks in a newspaper having general
circulation in the locality in which the lands which are the
subject of the regulation are situate.
25
^®^umption (ic) Where a regulation purports to have been signed b}
signing authority under this section, it shall be presumed to have b
signed by the authority without proof of the signature
official character of the person appearing to have signed
unless otherwise directed by a court.
~me^t"^°°^ ^* ^^^^ ^^^ comes into force on the day it receives Royal Assen
Short title 3^ jhjs Act may be cited as The Conservation Authorities Ami
mentAct, 1973.
125
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BILL 126 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend
The Workmen's Compensation Act
The Hon. F. Guindon
Minister of Labour
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
Section 1 . The burial allowance is increased from $400 to $500.
The amount of compensation pensions payable to widows is increased
from $175 to $250 per month, and to children increased by $10 a month
for each child.
The over-all minimum payable to a widow and three or more children
is increased from $355 to $460 a month, and to other dependants from
$150 to $250 a month.
126
BILL 126 1973
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, clauses c, d aijd e as re-enacted by the Statutes of^^^ea)
Ontario, 1971, chapter 62, section 1, and clause / of sub- re-enacted
section 1 of section 36 of The Workmen's Compensation Act,
being chapter 505 of the Revised Statutes of Ontario, 1970,
are repealed and the following substituted therefor :
{a) the necessary expenses of the burial or cremation
of the workman, not exceeding $500 ;
(c) where the widow or an invalid husband is the sole
dependant, a monthly payment of $250;
(d) where the dependants are a widow or an invalid
husband and one or more children, a monthly
payment of $250, with an additional monthly payment
of $70 to be increased upon the death of the widow
or an invalid husband to $80 for each child under
the age of sixteen years ;
{e) where the dependants are children, a monthly pay-
ment of $80 to each child under the age of sixteen
years ;
(/) where the dependants are persons other than those
mentioned in clauses c, d and e, a sum reasonable and
proportionate to the pecuniary loss to such dependants
occasioned by the death, to be determined by the
Board, but not exceeding in the whole $250 per
month.
(2) Clauses a, b and c of subsection 5 of the said section 36,s-36(5)(a-c),
as re-enacted by the Statutes of Ontario, 1971, chapter 62,
126
section 1, are repealed and the following substituted
therefor:
(a) where the widow or an invalid husband is the sole
dependant, $250;
[b) where the dependants are a widow or an invalid
husband and one or more children, $250 for the
widow or an invalid husband with a further payment
of $70, to be increased on the death of the widow or an
invalid husband to $80, for each child, not exceeding
in the whole $460 ; or s-
(c) where the dependants are children, $80 to each child,
not exceeding in the whole $460.
^^^?J^j; (3) Subsections 1 and 2 apply to monthly payments coming
ofsubss.1,2 due on or after the 1st day of July, 1973, whether the
accident occurred before or after that date and whether
the award of compensation was made before or after
that date, and subsections 1 and 2 do not apply to pay-
ments due prior to the 1st day of July, 1973.
re-enacted 2. Section 43 of the said Act is repealed and the following sub-
stituted therefor :
amouStof ^^- Notwithstanding anything to the contrary in this Part,
compen- the amount of compensation to which an iniured workman is
sation • 1 1 1 n T 1 1
entitled shall not be less than,
(a) for temporary total disability,
(i) where his average earnings are not less than
$55 a week, $55 a week, and
(ii) where his average earnings are less than $55 a
week, the amount of such earnings,
and for temporary partial disability, a proportionate
amount in accordance with the impairment of earn-
ing capacity ; and
{b) for permanent disability, the pension computed in
accordance with sections 42 and 44, but the amount
of such pension shall not be less than,
(i) for permanent total disability $250 a month,
and
126
Section 2. The minimum rate of compensation for temporary total
disability is raised from $40 per week, or actual earnings if less, to $55 per
week.
The minimum pension for permanent total disability is increased from
$175 to $250 a month, with a proportionate increase for permanent partial
disability.
126
Section 3. Self-explanatory.
Section 4., The earnings ceiling for compensation is increased from
$9,000 to $10,000.
Section 5. Self-explanatory.
Section 6. This extends the scope of interprovincial agreements on
silicosis to apply to workmen who are now excluded because they do not meet
the residence and exposure requirements in any one province.
126
(ii) for permanent partial disability, an amount
proportionate to that referred to in subclause
i in accordance with the impairment of earning
capacity.
3. Section 43 of the said Act, as re-enacted by section 2 of Application
The Workmen's Compensation Amendment Act, 1973, applies to
all pension payments accruing on or after the 1st day of July,
1973, whether the accident happened before or after that date
and whether the award of compensation was made before or
after that date, but nothing in section 43 entitles any person
to claim additional compensation for any period prior to the 1st
day of July, 1973.
4. — (1) Subsection 1 of section 44 of the said Act, as amended |j^g^^^^^^
by the Statutes of Ontario, 1971, chapter 62, section 2,
is further amended by striking out "$9,000" in the amend-
ment of 1971 and inserting in lieu thereof "$10,000".
(2) Subsection 1 applies only for the purposes of computing Application
average earnings in respect of accidents occurring on or
after the 1st day of July, 1973.
5. Section 72 of the said Act is amended by adding thereto thes.72,
r ,, . , . .7 0 amended
following subsection :
(5) The proceedings and decisions of the Board shall not be^on-j^^^^j^jj
subject to or affected in any way by The Statutory Powers^^'J^'^-'^
Procedure Act, 1971, or by any rules made under it, and thec.'sds*
provisions of The Workmen's Compensation Act and the
regulations made thereunder shall prevail, notwithstanding
anything contained in the said Statutory Powers Procedure
Act, 1971 or rules made under it.
6. Subsection 11 of section 118 of the said Act is repealed and thes. ii8(ii),
following substituted therefor :
(11) Notwithstanding any other provision in this Act, the A8;re^™ents
Board may enter into an agreement with the appropriate costs of
1 X X Silicosis
authority in any other province or territory of Canada to claims
provide for the sharing of costs of silicosis claims in pro-
portion to exposure or estimated exposure to silica dust,
for workmen who have had exposure employment in Ontario
and who may not qualify for benefits in any other province
or territory of Canada because of residence or exposure
requirements.
7. This Act comes into force on the 1st day of Tuly, 1973. commence-
•^ -J J ' ment
8. This Act may be cited as The Workmen's Compensation^^°^^^^^^^
Amendment Act, 1973.
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BILL 126
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend
The Workmen's Compensation Act
The Hon. F. Guindon
Minister of Labour
TORONTO
Printed and Published by the Queen's Printer and Publisher
.1
3ILL 126 1973
An Act to amend
The Workmen's Compensation Act
[TER MAJESTY, by and with the advice and consent of the
ri- Legislative Assembly of the Province of Ontario, enacts as
|)llows :
1. — (1) Clause a, clauses c, d and e as re-enacted by the Statutes of^^^^w
Ontario, 1971, chapter 62, section 1, and clause / of sub- re-enacted
section 1 of section 36 of The Workmen's Compensation Act,
being chapter 505 of the Revised Statutes of Ontario, 1970,
j are repealed and the following substituted therefor :
{a) the necessary expenses of the burial or cremation
of the workman, not exceeding $500 ;
I
(c) where the widow or an invalid husband is the sole
dependant, a monthly payment of $250;
{d) where the dependants are a widow or an invalid
husband and one or more children, a monthly
payment of $250, with an additional monthly payment
of $70 to be increased upon the death of the widow
or an invalid husband to $80 for each child under
the age of sixteen years ;
{e) where the dependants are children, a monthly pay-
ment of $80 to each child under the age of sixteen
years ;
(/) where the dependants are persons other than those
mentioned in clauses c, d and e, a sum reasonable and
proportionate to the pecuniary loss to such dependants
occasioned by the death, to be determined by the
Board, but not exceeding in the whole $250 per
month.
(2) Clauses a, b and c of subsection 5 of the said section ^(),l-^^2cteA^
as re-enacted by the Statutes of Ontario, 1971, chapter 62,
section 1, are repealed and the following substitutec
therefor :
(a) where the widow or an invalid husband is the sol
dependant, $250;
(b) where the dependants are a widow or an invalic
husband and one or more children, $250 for th(
widow or an invalid husband with a further paymen
of $70, to be increased on the death of the widow or ai
invalid husband to $80, for each child, not exceedini
^ in the whole $460 ; or
(c) where the dependants are children, $80 to each child
not exceeding in the whole $460.
Appii- (3) Subsections 1 and 2 apply to monthly payments comin
ofsubss. 1,2 due on or after the 1st day of July, 1973, whether th
accident occurred before or after that date and whethe
the award of compensation was made before or afte
that date, and subsections 1 and 2 do not apply to pa}
ments due prior to the 1st day of July, 1973.
?eSnacted 2. Section 43 of the said Act is repealed and the following sul
stituted therefor :
^°*'ntof ^^- Notwithstanding anything to the contrary in this Par
compen- the amount of compensation to which an injured workman
entitled shall not be less than,
(a) for temporary total disabihty,
(i) where his average earnings are not less tha
$55 a week, $55 a week, and
(ii) where his average earnings are less than $55
week, the amount of such earnings,
and for temporary partial disability, a proportional
amount in accordance with the impairment of eari
ing capacity ; and
(b) for permanent disability, the pension computed i
accordance with sections 42 and 44, but the amoui
of such pension shall not be less than,
(i) for permanent total disability $250 a mont
and
126
(ii) for permanent partial disability, an amount
proportionate to that referred to in subclause
i in accordance with the impairment of earning
capacity.
3. Section 43 of the said Act, as re-enacted by section 2 ofApp^^^*"°°
of s 43
The Workmen's Compensation Amendment Act, 1973, applies to
all pension payments accruing on or after the 1st day of July,
1973, whether the accident happened before or after that date
and whether the award of compensation was made before or
after that date, but nothing in section 43 entitles any person
to claim additional compensation for any period prior to the 1st
day of July, 1973.
4. — (1) Subsection 1 of section 44 of the said Act, as amended |j^^^^^^d
by the Statutes of Ontario, 1971, chapter 62, section 2,
is further amended by striking out "$9,000" in the amend-
ment of 1971 and inserting in lieu thereof "$10,000".
(2) Subsection 1 applies only for the purposes of computing Application
average earnings in respect of accidents occurring on or
after the 1st day of July, 1973.
5. Section 72 of the said Act is amended by adding thereto thes-72,
, „ . , . ■' ° amended
lollowmg subsection :
(5) The proceedings and decisions of the Board shall not be^on-^^^.^^
subject to or affected in any way by The Statutory Powers^^'^t'^'^-'^'J
Procedure Act, 1971, or by any rules made under it, and thec.'sds"
provisions of The Workmen's Compensation Act and the
regulations made thereunder shall prevail, notwithstanding
anything contained in the said Statutory Powers Procedure
Act, 1971 or rules made under it.
6. Subsection 11 of section 118 of the said Act is repealed and thes. iisdi).
following substituted therefor :
(11) Notwithstanding any other provision in this Act, the ^8;re^™?^ts
Board may enter into an agreement with the appropriate costs of
r r IT silicosis
authority in any other province or territory of Canada to claims
provide for the sharing of costs of silicosis claims in pro-
portion to exposure or estimated exposure to silica dust,
for workmen who have had exposure employment in Ontario
and who may not qualify for benefits in any other province
or territory of Canada because of residence or exposure
requirements.
7. This Act comes into force on the 1st day of July, 1973. commence-
•^ -J J ' ment
8. This Act may be cited as The Workmen's Compensation^^°^^^^^^^
A mendment Act, 1 973 .
126
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BILL 127 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
U
The Construction Safety Act, 1973
The Hon. F. Guindon
Minister of Labour
TORONTO
Printed and Published by The Queen's Printer and Publisher
mn -r
Explanatory Note
The Bill is a re-enactment of The Construction Safety Act. The principal
changes include:
1. the appointment of inspectors under The Public Service Act or by
certain municipalities.
2. the transfer of responsibility for the enforcement of the Act and the
regulations from municipal organizations to the Ministry of Labour
or certain municipalities.
3. the incorporation in the Act of certain content in The Trench
Excavators' Protection Act and The Ministry of Labour Act (pro-
visions relating to underground workers) ;
4. a revision of administrative procedures and appeals to carry out
some of the recommendations in the Royal Commission into Civil
Rights.
127
BILL 127
1973
The Construction Safety Act, 1973
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) "caisson" means a casing being sunk or constructed
below ground or water level whether or not it is
designed to contain air above atmospheric pressure,
and includes an excavation drilled by an auger into
which a workman enters or is required to enter to
work, but does not include a water well or a well
within the meaning of The Petroleum Resources ^d,i9'^i'C 94
1971:
(b) "cofferdam" means a structure constructed all or in
part below water level or below the level of the water
table in the ground and intended to provide a water-
tight place in which to work ; '
(c) "conduit" means,
(i) a sewer,
(ii) a water main,
(iii) a duct or cable for a telegraphic, telephonic or
electrical service,
(iv) a pipe or duct for the transportation of any
solid, liquid or gas, or
127
(v) any combination of i, ii, iii, or iv,
and includes any service connection made or intended
to be made thereto ;
(d) "construction" includes erection, alteration, repair,
dismantling, demolition, structural maintenance,
painting, moving, land clearing, earth moving,
grading, excavating, the laying of pipe and conduit
whether above or below ground level, street and
highway building, concreting, equipment installation
and alteration and the structural installation of
construction components and materials in any form
or for any purpose, and includes any work in
connection therewith ;
{e) "constructor" means,
(i) a person who contracts with any person to
undertake all the work on a project, or
(ii) an owner who contracts with more than one
person for parts of the work on a project, or
undertakes all or part of the work on a
project himself;
if) "Deputy Minister" means the Deputy Minister of
Labour;
ig) "Director" means the officer of the Ministry of
Labour designated by the Deputy Minister as
Director for the purposes of this Act ;
(h) "employer" means a person who employs one or
more workmen and includes a person who is self-
employed;
{i) "inspector" means an inspector appointed for the
purposes of this Act, and includes the Director*;
^ (J) "Minister" means the Minister of Labour;
(k) "municipality" means,
(i) a metropoHtan or regional municipality within
the meaning of any Act to establish a metro-
politan or regional municipality, or
(ii) a city, not being an area municipality situate
within a metropolitan or regional municipality,
and having a population of not less than
100,000 as determined by a census of the
^■^■^■^^^°' municipality taken under section 23 of The
Assessment Act;
(/) "owner" includes a tenant or person for whose
direct benefit a project exists upon its completion;
(w) "professional engineer" means a person registered
as a professional engineer or a person who is licensed
127
to practise as a professional engineer under TAg i^s x). 1970,
Professional Engineers Act ;
(«) "project" means,
(i) a residential, industrial, institutional, com-
mercial, hotel, office or other building, or any
part thereof,
(ii) a bridge, silo, chimney, earth retaining struc-
ture, water control structure, dock, material
handhng structure, elevating or lifting struc-
ture, or other structure, or any part thereof,
(iii) a shaft, tunnel or caisson whether work is
under compressed air or not,
(iv) a street, highway, roadway, railway, monorail,
airport runway, parking lot, or any part
thereof,
(v) a conduit, including a trench to be used for
the inspection, installation, removal or repair
of a conduit,
(vi) a well other than a well as defined in section 1
of The Petroleum Resources Act, 1971 , ^^^' ^- ^^
(vii) any combination of i, ii, iii, iv, v, or vi, or
(viii) works of a like nature,
under construction whether upon public or private
property, and includes any land, any part of a
public highway, or private right of way, or any
excavations, buildings, structures, works, or under-
takings or appurtenances used in connection with the
construction ;
(0) "regulations" means the regulations made under this
Act;
[p) "shaft" means an excavation having a longitudinal
axis at an angle greater than 45 degrees to the
horizontal,
(i) for the passage of persons or materials to or
from a tunnel, or
(ii) leading to an existing tunnel ;
127
(g) "subcontractor" means a person who contracts for
part of the work on a project ;
(r) "trench" means any excavation in the ground where
the vertical dimension from the highest point of the
excavation to the point level with the lowest point
of the excavation exceeds the least horizontal
dimension of the excavation, such dimensions being
taken in a vertical plane at right angles to the
longitudinal centre line of the excavation, but
does not include a shaft, caisson or cofferdam, or
a cutting for the right of way of a public highway
or railway ;
(5) "tunnel" means a subterranean passage into which
a workman enters or is required to enter to work
and which is made by excavating beneath the
overburden ;
Application
of Act
R.S.O. 1970,
CO. 284, 349
{t) "workman" means a person who is on a project
for any purpose in connection therewith. R.S.O.
1970, c. 81, s. 1, amended.
2. — (1) Subject to section 3, and notwithstanding the
provisions of The Municipal Act or The Planning Act or any
by-law passed by a municipality thereunder, this Act and the
regulations apply to every project within the Province of
Ontario, including every project being constructed by or on
behalf of the Crown. R.S.O. 1970, c. 81, s. 2, amended.
Designa-
tion of
part of
project
(2) The Director may by notice in writing designate that
any part of a project shall be deemed to be an individual
project for the purposes of this Act and the regulations,
and the person who undertakes all the work on the part
designated to be an individual project shall be deemed to be the
constructor of that part. New.
Where Act
does not
apply
R.S.O. 1970,
0.274
3. This Act and the regulations do not apply to a project,
[a) while the work is being done solely by the owner in
person ;
(6) to which The Mining Act applies ;
(c) that is situate on a farm and that is to be or is used
upon its completion for farming purposes and the
work is being done solely by the owner in person with
or without the assistance of his farm help ;
{d) that is an excavation made for the burial of a deceased
person ;
127
(e) that is exempted from this Act or the regulations by
the Lieutenant Governor in Council. R.S.O. 1970,
c. 81, s. 3, amended.
4. — (1) Such inspectors as are considered necessary to en-Appomt-
force this Act and the regulations may be appointed under ^spectors
The Public Service Act. c.'as'e"
(2) The Deputy Minister may designate a person as the^j®^^|^^-
Director for purposes of the general administration of this Act Director
and the regulations, including the supervision and direction of
the inspectors.
(3) The council of a municipality may with the the consent Appointment
of the Minister and subject to such terms and conditions asbya
he may consider advisable, appoint one or more persons ^g '"^"^"^^^^^^
inspectors to enforce this Act and the regulations in the
municipality. New.
5.— (1) The Deputy Minister shall issue a certificate of certificate
appointment, bearing his signature or a facsimile thereof, to '"en'
every inspector.
(2) Every inspector, in the execution of any of his duties ^j'""**"^"""
under this Act, shall produce his certificate of appointment certificate
upon request. R.S.O. 1970, c. 81, s. 9, amended.
6. — (1) An inspector may for the purposes of carrying out
his duties under this Act and the regulations,
[a) subject to subsection 4, enter in or upon any land or
premises at any time without a warrant ;
{h) take up or use at any time any property, real or
personal, for purposes necessary or advisable to pro-
tect any workman on a project ;
(c) require the production of the drawings and specifica-
tions of a project or any part thereof, including any
drawings prescribed by the regulations, for his in-
spection and may require information from any
person concerning any matter related to a project or
part thereof;
{d) be accompanied by any person who has special or
expert knowledge of any matter in relation to a project
or part thereof;
{e) alone or in conjunction with such other person or
persons possessing special or expert knowledge, make
127
such examinations, tests, inquiries, or, subject to
subsections 2 and 3, take such samples or photographs
as are necessary to ascertain whether this Act and
the regulations are being complied with ;
(/) require that a constructor provide a document or
drawing bearing the seal and signature of a professional
engineer certifying that a structure, part of a structure
or temporary works on a project will support all
loads to which it is likely to be subjected at any stage
during the progress of the work or undertaking;
{g) require that a subcontractor provide a document or
drawing bearing the seal and signature of a pro-
fessional engineer certifying that the part of the work
on a project under his control will support all loads
to which it is likely to be subjected while under his
control. R.S.O. 1970, c. 81, s. 10 (1), amended.
Samples (2) Where an inspector takes a sample under clause e of
subsection 1, the inspector shall divide the sample into two
parts and deliver one part to the person from whom the
sample is taken, if the person so requests at the time the sample
is taken and provides the necessary facilities.
Idem
(3) Where an inspector takes a sample under clause e of
subsection 1 and has not divided the sample into two parts, a
copy of any report on the sample shall be given to the
person from whom the sample was taken if the person so
requests at the time the sample was taken.
Entry to
dwellings
R.S.O. 1970,
C.450
(4) An inspector shall not enter any room or place actually
being used as a dwelling without the consent of the occupier
except under the authority of a search warrant issued under
section 16 of The Summary Convictions Act. New.
Obstruction
of
inspector
7. — (1) No person shall hinder, obstruct, molest or interfere
with or attempt to hinder, obstruct, molest or interfere with an
inspector in the exercise of a power or the performance of a
duty under this Act. R.S.O. 1970, c. 81, s. 12, amended.
Assistance
of
inspector
(2) Every person shall furnish all necessary means in his
power to facilitate any entry, inspection, examination, testing
or inquiry by an inspector in the exercise of his powers or
duties under this Act. R.S.O. 1970, c. 81, s. 13, amended.
Refusal to
produce
(3) No person shall neglect or refuse to produce any drawings
and specifications as required by an inspector under clauses
c, / and g of subsection 1 of section 6.
127
(4) No person shall furnish an inspector with false irif orma- ^^^se^^^^^^
tion or neglect or refuse to furnish information required by an etc.
inspector in the exercise of his duties under this Act. R.S.O.
1970. c. 81, s. 11 (2), amended.
8. — ( 1 ) An inspector, a person who accompanies an inspector, ^^^^^*^\°^
or a person who makes an examination, test, or inquiry, or
takes samples shall not publish, disclose or communicate to any
person any information, material, statement or result of any
test, acquired, furnished, obtained, made or received under the
powers conferred under this Act and the regulations except
for the purposes of carrying out his duties under this Act or
the regulations.
(2) No report of an inspector, a person who, at the request of ^'^®'"
an inspector, accompanies an inspector, or a person who, at the
request of an inspector, makes an examination, test, inquiry
or takes samples shall be communicated, disclosed or published
to any person except for the purposes of carrying out his
duties under this Act or the regulations.
(3) Neither an inspector nor a person who, at the request compeiiabii-
of an inspector, accompanies an inspector, or a person suit
who makes an examination, test, inquiry or takes samples at
the request of an inspector is a compellable witness in a civil
suit or proceeding respecting any information, material, state-
ment or test acquired, furnished, obtained, made or received
under the powers conferred under this Act.
(4) The Director may communicate or allow to be com- Po^er of ^^
municated, disclosed or published information, material, disclose
statements, or the result of a test acquired, furnished, obtained,
made or received under the powers conferred by this Act and the
regulations.
(5) No person to whom information is communicated under coSfldentLi
this section or sections 6 and 7 shall divulge the name of the
informant to any person except for the purposes of this Act.
New.
9. — ( 1 ) No action or other proceeding for damages lies or shall ^If^^^ll^^j.
be instituted against an inspector for an act or an omission done
or omitted to be done by him in good faith in the execution or
intended execution of any power or duty under this Act or
the regulations.
(2) Subsection 1 does not, by reason of subsections 2 and 4 ^jq^^JJ^^
of section 5 of The Proceedings Against the Crown Act, relieve p^gQ ^g,^Q
the Crown of liability in respect of a tort committed by an c- 365
inspector to which it would otherwise be subject and the
127
8
Crown is liable under that Act for any such tort in a like
manner as if subsection 1 had not been enacted. New.
Notice of
project
Posting
copy of
notice
Sub^
contractor
to ensure
notice
given
Emergency
work
10. — (1) Where the regulations so require, before work is
done on a project, the constructor shall give to the Director
the notice prescribed by the regulations.
(2) Before work is done on a project, the constructor
shall post or have available for review on the project a copy
of the notice required by subsection 1 .
(3) No subcontractor shall do work on a project until he has
ensured that the notice required by subsection 1 has been
given.
(4) Notwithstanding subsection 1, where it is necessary to
do work on a project immediately in order to prevent injury to
persons or damage to property, work on the project may be
begun without complying with subsection 1, but, in any such
case, the notice shall be given to the Director as soon as
practicable after work on the project begins. New.
Order by
inspector
11. — (1) Where an inspector finds that any provision of
this Act or the regulations is being contravened he may give to
the constructor, the subcontractor, the person whom he believes
to be the contravener or to the employer or the foreman of that
person, an order in writing directing compliance with such
provision and may require the order to be carried out forthwith
or within such time as he specifies. R.S.O. 1970, c. 81, s. 16(1),
amended.
Idem
(2) Where an inspector gives an order under this section,
the order shall contain sufficient information to specify the
nature of the contravention and its location on the project.
New.
Idem
(3) Where an inspector gives an order under this section and
he considers that the contravention of this Act or the
regulations is a serious danger or hazard to persons or property
he,
[a] shall order that any matter or thing, part or parts
thereof shall not be used until the order is complied
with ; and
{h) may order that all work on the project or part thereof
specified in the order, other than such work as is
necessary to comply with the order, shall stop until
his order is complied with or until written permission
to resume work hjis been given by an inspector.
127
(4) Where an inspector is of the opinion that this Act or the i<*e™
regulations are being contravened on a part of a project, he may
order the person who in his opinion is the contra vener, or the
foreman of that person, or the constructor, or any of them to
isolate that part by barricades or fencing suitable to prevent
access to that part by workmen on the project and no person shall
knowingly enter that part of the project, except for those
workmen who enter that part only for the purpose of doing
work necessary to ensure that this Act or the regulations are
complied with on that part of the project. R.S.O. 1970, c. 81,
s. 16 (1), amended.
(5) Every person to whom an order under this Act is given compliance
shall comply with it in accordance with its terms. R.S.O. order
1970, c. 81, s. 16(3).
(6) Where an inspector gives an order under this section he ^^^^f
may affix a copy thereof to the project or any part thereof, and order
no person, except an inspector or the Director shall remove such
copy unless authorized by the inspector or the Director.
R.S.O. 1970, c. 81, s. 16 (2), amended.
12. — (1) Any person who considers himself aggrieved by ^^^tn^ctoT^
order given or decision made by an inspector under this Act or
the regulations may appeal to the Director who shall hear and
dispose of the appeal as promptly as is practicable, but the bring-
ing of such appeal does not affect the operation of the order or
decision appealed from pending disposition of the appeal.
(2) An appeal to the Director may be made in writing or Method
orally or by telephone, but the Director may require the
grounds for the appeal to be specified in writing before the appeal .
(3) The appellant, the inspector from whom the appeal is Parties
taken and such other persons as the Director may specify are
parties to an appeal under this section.
(4) On an appeal under this section, the Director may sub-^^"*®™
stitute his findings or opinions for those of the inspector who director
made the decision appealed from and may rescind or affirm the
decision or make a new decision in substitution therefor and
for such purpose has all the powers of an inspector and the
decision of the Director shall stand in the place of and have the
like effect under this Act and the regulations as the decision of
the inspector.
(5) In this section, a decision of an inspector under this Act what
, ' , . . ,' '^ . . . constitutes
or the regulations includes any order or permission made or given decision
or the imposition of any terms or conditions therein by an
inspector under the authority of this Act or the regulations or
127
10
Decision
of
Director
final
the refusal thereof by an inspector, or the making of any
finding by an inspector under this Act or the regulations.
(6) A decision of the Director under this section is final . New .
Non-
compliance
with
order of
inspector
13. — (1) Where a person is charged with failure to comply
with an order of an inspector given under section 11 or 12, a
judge or local judge of the Supreme Court, upon application of
the inspector who gave the order or the Director and upon two
clear days notice to the accused person, may grant an order
restraining the accused person and any other person having
knowledge of the restraining order from continuing the work
specified in the restraining order until the final disposition of
the charge other than such work as is necessary to carry out
the order of the inspector.
festrai^nin (^) Notwithstanding the notice required by subsection 1, a
order restraining order may be made for a period not exceeding five
days upon an ex parte application.
Enforce-
ment
(3) A restraining order made under subsection 1 or 2 may be
entered and enforced in the same manner as an order or
judgment of the Supreme Court. R.S.O. 1970, c. 81, s. 17,
amended.
co^nitruJtor; l^. — (1) A constructor shall ensure that the equipment,
equipment^ materials and protective devices prescribed by the regulations
are provided on the project.
wid^use°oT°^ (2) A constructor shall ensure that the equipment, materials
equipment and protective devices provided by him are,
{a) maintained in good condition ; and
{h) used as prescribed by the regulations.
procedures
reasonable
precautions
(3) A constructor shall ensure that the measures and
procedures prescribed by the regulations are carried out on the
project.
(4) A constructor shall take every precaution reasonable
in the circumstances for the protection of a workman on a
project, but this provision shall not be applied to affect the
strict duties imposed on a constructor by subsections 1, 2
and 3. R.S.O. 1970, c. 81, s. 18, amended.
15. — (1) A subcontractor shall ensure that the equipment,
materials and protective devices prescribed by the regulations
Duties of
subcon-
tractor;
equipment are provided on the part of the project under his direct control.
aMuse'oT^^ (2) A subcontractor shall ensure that the equipment,
equipment materials and protective devices provided by him are,
127
11
{a) maintained in good condition ; and
(b) used as prescribed by the regulations.
(3) A subcontractor shall ensure that the measures and 5''°''®^'^®^
procedures prescribed by the regulations are carried out on the
part of the project under his direct control.
(4) A subcontractor shall take every precaution reasonable ^®|^°^*JjJ®g
in the circumstances for the protection of workmen on the
part of the project under his direct control, but this provision
shall not be applied to affect the strict duties imposed by
subsections 1, 2 and 3. R.S.O. 1970, c. 81, s. 18, amended.
16. Where an owner is a constructor and has delegated by^^^y°^j.
contract to a person the management of the work on a
project, such person is, in addition to the owner, subject to the
duties imposed upon a constructor by this Act and the
regulations. New.
17. — (1) Every employer of a workman and every person ^^"j®^y°^
with authority over a workman shall ensure that the workman and foremen
works in the manner and with the protective devices, measures
and procedures prescribed by this Act and the regulations.
(2) Every employer shall appoint one or more competent ment^of*
persons to exercise direction and control over workmen p®^^j°°^j^
employed by the employer and one such person may be the workmen
employer.
(3) A person appointed to exercise direction and control ^^''^^"^
over workmen shall advise the workmen under his direction potential
ildtZ£LI*Q
and control of any potential hazard in connection with the
work to be done by the workmen.
(4) An employer shall not discharge or discipline or threaten ^eprfsaj^^
to discharge or discipline an employee because the employee
has sought the enforcement of this Act or the regulations or
has acted in compliance with this Act or the regulations.
New.
18. — (1) A workman shall work in compliance with the^^Jg^^^jj
requirements of this Act and the regulations.
(2) In addition to compliance with subsection 1 , a workman ciowung^^
shall use or wear protective devices or clothing as his
employer may require.
(3) No workman shall conduct himself so that he is likely to not to
endanger himself or other persons. New. wmseff "^
127
12
Removal of
safety
devices
10. — (1) No person shall remove or make ineffective any
protective device required by this Act or the regulations
without providing an adequate temporary protective device
and when the need for removing or making ineffective the
protective device has ceased, the protective device shall be
replaced forthwith.
Reporting (2) A workman shall forthwith report to his foreman or
accidents ^ ' " • <•
supervisor any accident to himself, any contravention of
the Act or the regulations, or the existence of any hazard of
which the workman has knowledge. New.
Use of
defective
equipment
20. Where any machine, device or thing on a project is in
contravention of this Act or the regulations, no person shall
knowingly use or operate or cause or permit the machine,
device or thing to be used or operated. New.
Manner of
use of
equipment
21. No person shall use or operate any machine, device or
thing on a project in a manner that does not comply with
this Act and the regulations. New.
Working
under-
ground
22. No person shall work in a trench, shaft, tunnel, caisson
or cofferdam to which this Act applies unless another person
is working above ground in close proximity to, or in close
proximity to the mei ns of access to, the trench, shaft, tunnel,
caisson or cofferdam. New.
Person
under
sixteen
years
23. — (1) No person with authority over a workman on a
project shall knowingly permit a person under the age of
sixteen years to be on a project.
Idem
(2) No person shall knowingly employ a person under the
age of sixteen years on a project. R.S.O. 1970, c. 81, s. 19,
amended.
de°ect/v°°^ 24. — (1) No person shall provide any machine, vehicle,
machine tool, or equipment, or any part thereof, for use by a person
on a project if the machine, vehicle, tool, equipment or part
is defective.
Maintenance
of machine
leased
(2) A person supplying any machine, vehicle, tool or equip-
ment, or any part thereof under any rental, leasing or similar
arrangement for use by a person on a project shall ensure that
the machine, vehicle, tool or equipment or part thereof is
maintained in good condition. R.S.O. 1970, c. 81, s. 21,
amended.
Notice
of death
or critical
injury
25. — (1) Where on a project a person is killed or critically
injured from any cause, his employer or foreman, the con-
structor and any person with authority over the project shall
ensure that an inspector is notified immediately of the occur-
127
13
rence by telephone, telegram or other direct means, and the
constructor shall, within forty-eight hours after the occurrence,
send to the Director a written report of the circumstances of
the occurrence, including the particulars of,
(a) the name and address of the constructor ;
(b) the nature and the circumstances of the occurrence
and the bodily injury sustained ;
(c) the machinery or equipment involved ;
{d) the time and place of the occurrence ;
{e) the name and address of the injured person ;
(/) the names and addresses of all witnesses to the
occurrence; and
{g) the name and address of the physician or surgeon,
if any, by whom the person was or is being attended
for the injury. R.S.O. 1970, c. 81, s. 23 (1), amended.
(2) Where a person is killed or is critically injured on 3^^®^^^®^^*"
project, no person shall, except for the purpose of, wreckage
{a) saving life or relieving human suffering ; or
{h) maintaining an essential public utility service or a
public transportation system,
interfere with, disturb, destroy, alter or carry away any
wreckage, article or thing at the scene of or connected with the
occurrence until permission so to do has been given by an
inspector. R.S.O. 1970, c. 81, s. 23 (3), amended.
26. — (1) Every person who contravenes any provision oi^^^^f^^
this Act or the regulations is guilty of an offence and on
summary conviction is liable to a fine of not more than
$10,000 or to imprisonment for a term of not more than
twelve months, or to both.
(2) Every person to whom an order of an inspector is given ^r^fanure
under section 11 or 12, who fails to comply with it in ^^o comply
, • 1 • • •, r rr i ^l^h Order
accordance with its terms, is guilty of an offence and, on of
summary conviction is, in addition to the penalties mentioned ^°^^*° °^
in subsection 1 , liable to a fine of not more than $500 per day for
every day upon which the offence continued after such order
was given. R.S.O. 1970, c. 81, s. 25, amended.
27. In any prosecution for an offence under this Act, aQf'Q°^gj.
copy of a direction or order purporting to have been made
under this Act or the regulations and purporting to have been
signed by the person authorized by this Act to make the
direction or order is prima facie proof of the direction or order
without proof of the signature or authority of the person by
whom it purports to be signed. New.
127
14
Hearing of
information
28. An information in respect of an offence under this
Act or the regulations may, at the election of the informant, be
heard, tried and determined by the Provincial Court (Criminal
Division) having jurisdiction in the county or district in
which the accused is resident or carries on business although
the subject-matter of the information did not arise in that
county or district. New.
Levy on
construction
industry
R.S.0. 1970,
C.505
29. — (1) The Lieutenant Governor in Council may, by order,
fix an amount that shall be assessed and levied by the
Workmen's Compensation Board upon the employers in
Schedule 1 under The Workmen's Compensation Act engaged in
projects, in an amount sufficient to defray the expenses of the
administration of this Act by the Ministry of Labour.
onevy"°° (2) The Workmen's Compensation Board shall add to the
assessment and levy made under The Workmen's Compensation
Act upon each employer in Schedule 1 thereunder engaged
in projects a sum which shall be calculated as a percentage
of the said assessment and levy and which percentage shall
be determined as the proportion that the amount fixed
under subsection 1 bears to the total sum that the
Workmen's Compensation Board fixes and determines to be
assessed for payment by all employers in Schedule 1 engaged in
projects, and The Workmen's Compensation Act applies to such
sum and to the collection and payment thereof in the
same manner as to an assessment and levy made under
that Act.
Treasurer*" (^) ^^^ Workmen's Compensation Board shall collect the
assessment and levy imposed under this section and shall pay
the amounts so collected to the Treasurer of Ontario. New.
Notice of
injury to
person
Time for
notice
30. — (1) Where an accident, industrial disease, explosion
or fire causes injury to a person on a project whereby he is
disabled from earning full wages or requires medical attention,
and such occurrence does not require notice to an inspector
and the sending of a written report to the Director as pre-
scribed by subsection 1 of section 25, a notice in writing of the
occurrence shall be given to the Director by the employer of the
injured person stating,
{a) the name, address and type of business of the
employer ;
{h) the nature and the circumstances of the occurrence ;
(c) the time and place of the occurrence ; and
{d) the name and address of the injured person.
(2) Such notice shall be given within four days after the
occurrence.
127
15
(3) This section does not apply where a notice required to Notice
be given by an employer to the Workmen's Compensation Rs.o. 1970
Board by section 117 of The Workmen's Compensation ^c/siifflcient
has been delivered or mailed to the Workmen's Compensation
Board as required by the said section 117.
(4) Where a notice required to be given by section 117 of Board to
The Workmen's Compensation Act is received by the Workmen's notice
Compensation Board from an employer, a copy shall be c.'sds '
forwarded by the Board to the Director. R.S.O. 1970, c. 81,
s. 22, amended.
31. — (1) The Lieutenant Governor in Council may make ^®^^^*"°°^
such regulations as he considers advisable to ensure the
protection of persons on projects.
(2) Without limiting the generality of subsection 1, the^^®™
Lieutenant Governor in Council may make regulations,
1 . prescribing forms and providing for their use ;
2. requiring and prescribing notices in one or more
languages that shall be posted ;
3. prescribing the projects of which notice is to be given
to the Director ;
4. prescribing the records that shall be made and kept ;
5. requiring the submission of such drawings, specifica-
tions, details of procedures and other information as
are prescribed and prescribing by whom such
information shall be prepared or certified ;
6. requiring and providing for the registration of
employers of workmen engaged in the construction
of projects or parts of projects;
7. regulating or prohibiting the installation or use of
any machine, device or thing or any class thereof;
8. requiring and regulating protective clothing and
devices for persons who are exposed to any hazards ;
9. regulating the handling, use and disposal of any
poisonous, dangerous or harmful material, substance
or thing ;
10. respecting protection from fire ;
11. respecting the provision and maintenance of any
sanitary convenience or welfare provision ;
127
16
12. regulating the exposure by persons to specified
atmospheric conditions ;
13. requiring medical examinations of workmen and
prescribing the reports to be made of such examina-
tions;
14. respecting the reporting by physicians and others
of affection from dangerous or harmful substances
or poisoning ;
15. requiring persons to transmit to the Director such
returns and reports as are prescribed ;
16. prescribing the medical facilities that shall be provided
for medical treatment in cases of accident or sickness
and the supervision of the general health of
workmen during working hours ;
17. requiring that any machine, device or thing used
bears the seal of approval of an organization desig-
nated to test and approve the machine, device or
thing ;
of
18. requiring the approval of an inspector in respect
any method, matter or thing.
19. adopting by reference, in whole or in part, with such
changes as the Lieutenant Governor in Council
considers necessary, any code and may require
compliance with any code that is so adopted.
R.S.O. 1970, c. 81 , s. 26, amended.
R.SO.1970, 32. — (1) The Construction Safety Act, being chapter 81 of
repealed the Revised Statutes of Ontario, 1970, is repealed.
R-so- 1970. (2) The Trench Excavator's Protection Act, being chapter 469
repealed of the Revised Statutes of Ontario, 1970, is repealed.
Rsp.^1970 (3) Subsection 1 of section 11 of The Ministry of Labour
repealed ' Act, being chapter 117 of the Revised Statutes of Ontario,
1970, is repealed.
1971 Act (4) Sections 22 and 83 of The Civil Rights Statute Law
amended \ ' ^^^^ , . , ^.^ i i
Amendment Act, 1971, being chapter 50, are repealed.
Commence- 33^ jhis Act comes into force on a day to be named
by the Lieutenant Governor by his proclamation.
Short title 34.^ TY\\s Act may be cited as The Construction Safety
Act, 1973.
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BILL 127
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
The Construction Safety Act, 1973
The Hon. F. Guindon
Minister of Labour
TORONTO
Printed and Published by The Queen's Printer and Publisher
i
BILL 127 1973
The Construction Safety Act, 1973
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) "caisson" means a casing being sunk or constructed
below ground or water level whether or not it is
designed to contain air above atmospheric pressure,
and includes an excavation drilled by an auger into
which a workman enters or is required to enter to
work, but does not include a water well or a well
within the meaning of The Petroleum Resources Act,^^^<^-^^
1971:
{b) "cofferdam" means a structure constructed all or in
part below water level or below the level of the water
table in the ground and intended to provide a water-
tight place in which to work ;
(c) "conduit" means,
(i) a sewer,
(ii) a water main,
(iii) a duct or cable for a telegraphic, telephonic or
electrical service,
(iv) a pipe or duct for the transportation of any
solid, liquid or gas, or
(v) any combination of i, ii, iii, or iv,
and includes any service connection made or intended
to be made thereto ;
127
(d) "construction" includes erection, alteration, repair,
dismantling, demolition, structural maintenance,
painting, moving, land clearing, earth moving,
grading, excavating, the laying of pipe and conduit
whether above or below ground level, street and
highway building, concreting, equipment installation
(^ and alteration and the structural installation of
construction components and materials in any form
or for any purpose, and includes any work in
connection therewith ;
(e) "constructor" means,
(i) a person who contracts with any person to
undertake all the work on a project, or
(ii) an owner who contracts with more than one
person for parts of the work on a project, or
undertakes all or part of the work on a
project himself;
(/) "Deputy Minister" means the Deputy Minister of
Labour;
ig) "Director" means the officer of the Ministry of
Labour designated by the Deputy Minister as
Director for the purposes of this Act ;
(h) "employer" means a person who employs one or
more workmen and includes a person who is self-
employed ;
{i) "inspector" means an inspector appointed for the
purposes of this Act, and includes the Director*;
(J) "Minister" means the Minister of Labour;
(k) "municipality" means,
(i) a metropolitan or regional municipality within
the meaning of any Act to establish a metro-
politan or regional municipality, or
(ii) a city, not being an area municipality situate
within a metropolitan or regional municipality,
and having a population of not less than
100,000 as determined by a census of the
RSO1970, municipality taken under section 23 of The
Assessment Act;
[1) "owner" includes a tenant or person for whose
direct benefit a project exists upon its completion;
(w) "professional engineer" means a person registered
as a professional engineer or a person who is licensed
127
to practise as a professional engineer under The^-^-^^'^^^
Professional Engineers A d ;
(«) "project" means,
(i) a residential, industrial, institutional, com-
mercial, hotel, office or other building, or any
part thereof,
(ii) a bridge, silo, chimney, earth retaining struc-
ture, water control structure, dock, material
handling structure, elevating or lifting struc-
ture, or other structure, or any part thereof,
(iii) a shaft, tunnel or caisson whether work is
under compressed air or not,
(iv) a street, highway, roadway, railway, monorail,
airport runway, parking lot, or any part
thereof,
(v) a conduit, including a trench to be used for
the inspection, installation, removal or repair
of a conduit,
(vi) a well other than a well as defined in section 1
of The Petroleum Resources Act, 1971 , ^^^' ^- ^^
(vii) any combination of i, ii, iii, iv, v, or vi, or
(viii) works of a hke nature,
under construction whether upon public or private
property, and includes any land, any part of a
public highway, or private right of way, or any
excavations, buildings, structures, works, or under-
takings or appurtenances used in connection with the
construction ;
(o) "regulations" means the regulations made under this
Act;
{p) "shaft" means an excavation having a longitudinal
axis at an angle greater than 45 degrees to the
horizontal,
(i) for the passage of persons or materials to or
from a tunnel, or
(ii) leading to an existing tunnel ;
127
4
(q) "subcontractor" means a person who contracts for
part of the work on a project ;
(r) "trench" means any excavation in the ground where
the vertical dimension from the highest point of the
excavation to the point level with the lowest point
of the excavation exceeds the least horizontal
dimension of the excavation, such dimensions being
taken in a vertical plane at right angles to the
longitudinal centre line of the excavation, but
does not include a shaft, caisson or cofferdam, or
a cutting for the right of way of a public highway
or railway ;
(s) "tunnel" means a subterranean passage into which
a workman enters or is required to enter to work
and which is made by excavating beneath the
overburden ;
(/) "workman" means a person who is on a project
for any purpose in connection therewith. R.S.O.
1970, c. 81, s. 1, amended.
Application
of Act
R.S.O. 1970,
cc. 284, 349
2. — (1) Subject to section 3, and notwithstanding the
provisions of The Municipal Act or The Planning Act or any
by-law passed by a municipality thereunder, this Act and the
regulations apply to every project within the Province of
Ontario, including every project being constructed by or on
behalf of the Crown. R.S.O. 1970, c. 81, s. 2, amended.
Designa-
tion of
part of
project
(2) The Director may by notice in writing designate that
any part of a project shall be deemed to be an individual
project for the purposes of this Act and the regulations,
and the person who undertakes all the work on the part
designated to be an individual project shall be deemed to be the
constructor of that part. New.
Where Act
does not
apply
R.S.O. 1970,
0.274
3. This Act and the regulations do not apply to a project,
[a] while the work is being done solely by the owner in
person ;
{h) to which The Mining A ct applies ;
(c) that is situate on a farm and that is to be or is used
upon its completion for farming purposes and the
work is being done solely by the owner in person with
or without the assistance of his farm help ;
{d) that is an excavation made for the burial of a deceased
person ;
127
(e) that is exempted from this Act or the regulations by
the Lieutenant Governor in Council. R.S.O. 1970,
c. 81, s. 3, amended.
4. — (1) Such inspectors as are considered necessary to en-^^ppoint-
force this Act and the regulations may be appointed under inspectors
The Public Service Act. c. 386 '
(2) The Deputy Minister may designate a person as the^j^^^^^^-
Director for purposes of the general administration of this Act Director
and the regulations, including the supervision and direction of
the inspectors.
(3) The council of a municipality may with the the consent Appointment
of the Minister and subject to such terms and conditions asby^a^^^° "'^^
he may consider advisable, appoint one or more persons ^s "^""^"^^^^^^
inspectors to enforce this Act and the regulations in the
municipality. New.
5. — (1) The Deputy Minister shall issue a certificate of^«^"fi^j»'^^
appointment, bearing his signature or a facsimile thereof, to^ent
every inspector.
(2) Every inspector, in the execution of any of his duties ^j^°^'^<^"°°
under this Act, shall produce his certificate of appointment certificate
upon request. R.S.O. 1970, c. 81, s. 9, amended.
6. — (1) An inspector may for the purposes of carrying out
his duties under this Act and the regulations,
{a) subject to subsection 4, enter in or upon any land or
premises at any time without a warrant ;
{b) take up or use at any time any property, real or
personal, for purposes necessary or advisable to pro-
tect any workman on a project ;
(c) require the production of the drawings and specifica-
tions of a project or any part thereof, including any
drawings prescribed by the regulations, for his in-
spection and may require information from any
person concerning any matter related to a project or
part thereof;
{d) be accompanied by any person who has special or
expert knowledge of any matter in relation to a project
or part thereof ;
{e) alone or in conjunction with such other person or
persons possessing special or expert knowledge, make
127
such examinations, tests, inquiries, or, subject to
subsections 2 and 3, take such samples or photographs
as are necessary to ascertain whether this Act and
the regulations are being complied with ;
(/) require that a constructor provide a document or
drawing bearing the seal and signature of a professional
engineer certifying that a structure, part of a structure
or temporary works on a project will support all
loads to which it is likely to be subjected at any stage
during the progress of the work or undertaking ;
(g) require that a subcontractor provide a document or
drawing bearing the seal and signature of a pro-
fessional engineer certifying that the part of the work
on a project under his control will support all loads
to which it is likely to be subjected while under his
control. R.S.O. 1970, c. 81, s. 10 (1), amended.
Samples (2) Where an inspector takes a sample under clause e of
subsection 1, the inspector shall divide the sample into two
parts and deliver one part to the person from whom the
sample is taken, if the person so requests at the time the sample
is taken and provides the necessary facilities.
Idem
(3) Where an inspector takes a sample under clause e of
subsection 1 and has not divided the sample into two parts, a
copy of any report on the sample shall be given to the
person from whom the sample was taken if the person so
requests at the time the sample was taken.
Entry to
dwellings
R.S.O. 1970,
C.450
(4) An inspector shall not enter any room or place actually
being used as a dwelling without the consent of the occupier
except under the authority of a search warrant issued under
section 16 of The Summary Convictions Act. New.
Obstruction
of
inspector
7. — (1) No person shall hinder, obstruct, molest or interfere
with or attempt to hinder, obstruct, molest or interfere with an
inspector in the exercise of a power or the performance of a
duty under this Act. R.S.O. 1970, c. 81, s. 12, amended.
Assistance
of
Inspector
(2) Every person shall furnish all necessary means in his
power to facilitate any entry, inspection, examination, testing
or inquiry by an inspector in the exercise of his powers or
duties under this Act. R.S.O. 1970, c. 81, s. 13, amended.
Refusal to
produce
(3) No person shall neglect or refuse to produce any drawings
and specifications as required by an inspector under clauses
c, / and g of subsection 1 of section 6.
127
(4) No person shall furnish an inspector with false inf orma- f ^i^® ^.
. ^ ' *\ r - . , . \. . ,1 Information,
tion or neglect or refuse to furnish information required by an etc.
inspector in the exercise of his duties under this Act. R.S.O.
1970, c. 81, s. 11 {2), amended.
8. — ( 1 ) An inspector, a person who accompanies an inspector, ^°^°^^*^*j°^
or a person who makes an examination, test, or inquiry, or
takes samples shall not publish, disclose or communicate to any
person any information, material, statement or result of any
test, acquired, furnished, obtained, made or received under the
powers conferred under this Act and the regulations except
for the purposes of carrying out his duties under this Act or
the regulations.
(2) No report of an inspector, a person who, at the request of ^*®'"
an inspector, accompanies an inspector, or a person who, at the
request of an inspector, makes an examination, test, inquiry
or takes samples shall be communicated, disclosed or published
to any person except for the purposes of carrying out his
duties under this Act or the regulations.
(3) Neither an inspector nor a person who, at the request compeiiabii-
of an inspector, accompanies an inspector, or a person suit
who makes an examination, test, inquiry or takes samples at
the request of an inspector is a compellable witness in a civil
suit or proceeding respecting any information, material, state-
ment or test acquired, furnished, obtained, made or received
under the powers conferred under this Act.
(4) The Director may communicate or allow to be com-Po^«^of^^
municated, disclosed or published information, material, disclose
statements, or the result of a test acquired, furnished, obtained,
made or received under the powers conferred by this Act and the
regulations.
(5) No person to whom information is communicated under co^g^ntfai
this section or sections 6 and 7 shall divulge the name of the
informant to any person except for the purposes of this Act.
New.
9. — ( 1 ) No action or other proceeding for damages lies or shall Liability
be instituted against an inspector for an act or an omission done
or omitted to be done by him in good faith in the execution or
intended execution of any power or duty under this Act or
the regulations.
(2) Subsection 1 does not, by reason of subsections 2 and 4 Liability
c ■ c J- 1 ■ of Crown
of section 5 of The Proceedings Against the Crown Act, relieve j^gQ ^g^Q
the Crown of liability in respect of a tort committed by an c 365
inspector to which it would otherwise be subject and the
127
8
Crown is liable under that Act for any such tort in a like
manner as if subsection 1 had not been enacted. New.
Notice of
project
Posting
copy of
notice
Sub-
contractor
to ensure
notice
given
Emergency
work
10. — (1) Where the regulations so require, before work is
done on a project, the constructor shall give to the Director
the notice prescribed by the regulations.
(2) Before work is done on a project, the constructor
shall post or have available for review on the project a copy
of the notice required by subsection 1 .
(3) No subcontractor shall do work on a project until he has
ensured that the notice required by subsection 1 has been
given.
(4) Notwithstanding subsection 1, where it is necessary to
do work on a project immediately in order to prevent injury to
persons or damage to property, work on the project may be
begun without complying with subsection 1, but, in any such
case, the notice shall be given to the Director as soon as
practicable after work on the project begins. New.
Order by
inspector
11. — (1) Where an inspector finds that any provision of
this Act or the regulations is being contravened he may give to
the constructor, the subcontractor, the person whom he believes
to be the contravener or to the employer or the foreman of that
person, an order in writing directing compliance with such
provision and may require the order to be carried out forthwith
or within such time as he specifies. R.S.O. 1970, c. 81, s. 16 (1),
amended.
Idem
(2) Where an inspector gives an order under this section,
the order shall contain sufficient information to specify the
nature of the contravention and its location on the project.
New.
Idem
(3) Where an inspector gives an order under this section and
he considers that the contravention of this Act or the
regulations is a serious danger or hazard to persons or property
he,
{a) shall order that any matter or thing, part or parts
thereof shall not be used until the order is complied
with; and
{b) may order that all work on the project or part thereof
specified in the order, other than such work as is
necessary to comply with the order, shall stop until
his order is complied with or until written permission
to resume work has been given by an inspector.
127
(4) Where an inspector is of the opinion that this Act or the I'^em
regulations are being contravened on a part of a project, he may
order the person who in his opinion is the contra vener, or the
foreman of that -person, or the constructor, or any of them to
isolate that part by barricades or fencing suitable to prevent
access to that part by workmen on the project and no person shall
knowingly enter that part of the project, except for those
workmen who enter that part only for the purpose of doing
work necessary to ensure that this Act or the regulations are
complied with on that part of the project. R.S.O. 1970, c. 81,
s. 16 (1), amended.
(5) Every person to whom an order under this Act is given compliance
shall comply with it in accordance with its terms. R.S.O. order
1970, c. 81, s. 16 (3).
(6) Where an inspector gives an order under this section he ^^^^f
may affix a copy thereof to the project or any part thereof, and order
no person, except an inspector or the Director shall remove such
copy unless authorized by the inspector or the Director.
R.S.O. 1970, c. 81, s. 16 (2), amended.
12. — (1) Any person who considers himself aggrieved by an ^ppI*^^.^^^'"
order given or decision made by an inspector under this Act or
the regulations may appeal to the Director who shall hear and
dispose of the appeal as promptly as is practicable, but the bring-
ing of such appeal does not affect the operation of the order or
decision appealed from pending disposition of the appeal.
(2) An appeal to the Director may be made in writing or Method
orally or by telephone, but the Director may require the
grounds for the appeal to be specified in writing before the appeal.
(3) The appellant, the inspector from whom the appeal is Parties
taken and such other persons as the Director may specify are
parties to an appeal under this section.
(4) On an appeal under this section, the Director may sub-^f°^®'"^
stitute his findings or opinions for those of the inspector who director
made the decision appealed from and may rescind or affirm the
decision or make a new decision in substitution therefor and
for such purpose has all the powers of an inspector and the
decision of the Director shall stand in the place of and have the
like effect under this Act and the regulations as the decision of
the inspector.
(5) In this section, a decision of an inspector under this Act w^** . ^
or the regulations includes any order or permission made or given decision
or the imposition of any terms or conditions therein by an
inspector under the authority of this Act or the regulations or
127
10
Decision
of
Director
final
Non-
compliance
with
order of
inspector
the refusal thereof by an inspector, or the making of any
finding by an inspector under this Act or the regulations.
(6) A decision of the Director under this section is final . New .
13. — (1) Where a person is charged with failure to comply
with an order of an inspector given under section 11 or 12, a
judge or local judge of the Supreme Court, upon application of
the inspector who gave the order or the Director and upon two
clear days notice to the accused person, may grant an order
restraining the accused person and any other person having
knowledge of the restraining order from continuing the work
specified in the restraining order until the final disposition of
the charge other than such work as is necessary to carry out
the order of the inspector.
festra/nin ^^^ Notwithstanding the notice required by subsection 1, a
order restraining order may be made for a period not exceeding five
days upon an ex parte application.
Enforce-
ment
(3) A restraining order made under subsection 1 or 2 may be
entered and enforced in the same manner as an order or
judgment of the Supreme Court. R.S.O. 1970, c. 81, s. 17,
amended.
constructor; l^r. — (1) A coustructor shall eusurc that the equipment,
proyisimof materials and protective devices prescribed by the regulations
are provided on the project.
^^use^o*"*^^ (2) A constructor shall ensure that the equipment, materials
equipment and protective devices provided by him are,
{a) maintained in good condition ; and
(6) used as prescribed by the regulations.
procedures
reasonable
precautions
(3) A constructor shall ensure that the measures and
procedures prescribed by the regulations are carried out on the
project.
(4) A constructor shall take every precaution reasonable
in the circumstances for the protection of a workman on a
project, but this provision shall not be applied to affect the
strict duties imposed on a constructor by subsections 1, 2
and 3. R.S.O. 1970, c. 81, s. 18, amended.
15. — (1) A subcontractor shall ensure that the equipment,
materials and protective devices prescribed by the regulations
Duties of
subcon-
tractor ;
equipment are provided on the part of the project under his direct control
and^useTf"^^ (2) A subcontractor shall ensure that the equipment,
equipment materials and protective devices provided by him are.
127
11
{a) maintained in good condition ; and
{b) used as prescribed by the regulations.
(3) A subcontractor shall ensure that the measures and p^°°®^'^^®^
procedures prescribed by the regulations are carried out on the
part of the project under his direct control.
(4) A subcontractor shall take every precaution reasonable ^®|^°°*J'^®g
in the circumstances for the protection of workmen on the
part of the project under his direct control, but this provisioji
shall not be applied to affect the strict duties imposed by
subsections 1, 2 and 3. R.S.O. 1970, c. 81, s. 18, amended.
16. Where an owner is a constructor and has delegated by^^^y°^j,
contract to a person the management of the work on a
project, such person is, in addition to the owner, subject to the
duties imposed upon a constructor by this Act and the
regulations. New.
17. — (1) Every employer of a workman and every person ^j^"j®^°^
with authority over a workman shall ensure that the workman and foremen
works in the manner and with the protective devices, measures
and procedures prescribed by this Act and the regulations.
(2) Every employer shall appoint one or more competent ^ent^of
persons to exercise direction and control over workmen ^®^^j°°^^
employed by the employer and one such person may be the workmen
employer.
(3) A person appointed to exercise direction and control ^*'''^*'^^
over workmen shall advise the workmen under his direction potential
and control of any potential hazard in connection with the
work to be done by the workmen.
(4) An employer shall not discharge or discipline or threaten ^eprisaj^^
to discharge or discipline an employee because the employee
has sought the enforcement of this Act or the regulations or
has acted in compliance with this Act or the regulations.
New.
18. — (1) A workman shall work in compliance with the^^^^^^^^
requirements of this Act and the regulations.
(2) In addition to compliance with subsection 1, a workman ^j^^j^^^^^
shall use or wear protective devices or clothing as his
employer may require.
(3) No workman shall conduct himself so that he is likely to not to
endanger himself or other persons. New. Mm^ef/'^
127
12
Removal of
safety
devices
19. — (1) No person shall remove or make ineffective any
protective device required by this Act or the regulations
without providing an adequate temporary protective device
and when the need for removing or making ineffective the
protective device has ceased, the protective device shall be
replaced forthwith.
accidents^ (2) A workman shall forthwith report to his foreman or
supervisor any accident to himself, any contravention of
the Act or the regulations, or the existence of any hazard of
which the workman has knowledge. New.
Use of
defective
equipment
20. Where any machine, device or thing on a project is in
contravention of this Act or the regulations, no person shall
knowingly use or operate or cause or permit the machine,
device or thing to be used or operated. New.
Manner of
use of
equipment
21. No person shall use or operate any machine, device or
thing on a project in a manner that does not comply with
this Act and the regulations. New.
Working
under-
ground
22. No person shall work in a trench, shaft, tunnel, caisson
or cofferdam to which this Act applies unless another person
is working above ground in close proximity to, or in close
proximity to the mei ns of access to, the trench, shaft, tunnel,
caisson or cofferdam. New.
Person
under
sixteen
years
23. — (1) No person with authority over a workman on a
project shall knowingly permit a person under the age of
sixteen years to be on a project.
Idem
(2) No person shall knowingly employ a person under the
age of sixteen years on a project. R.S.O. 1970, c. 81, s. 19,
amended.
Provision of
defective
machine
24. — (1) No person shall provide any machine, vehicle,
tool, or equipment, or any part thereof, for use by a person
on a project if the machine, vehicle, tool, equipment or part
is defective.
Maintenance
of machine
leased
(2) A person supplying any machine, vehicle, tool or equip-
ment, or any part thereof under any rental, leasing or similar
arrangement for use by a person on a project shall ensure that
the machine, vehicle, tool or equipment or part thereof is
maintained in good condition. R.S.O. 1970, c. 81, s. 21,
amended.
Notice
of death
or critical
Injury
25. — (1) Where on a project a person is killed or critically
injured from any cause, his employer or foreman, the con-
structor and any person with authority over the project shall
ensure that an inspector is notified immediately of the occur-
127
13
rence by telephone, telegram or other direct means, and the
constructor shall, within forty-eight hours after the occurrence,
send to the Director a written report of the circumstances of
the occurrence, including the particulars of,
(«) the name and address of the constructor ;
(b) the nature and the circumstances of the occurrence
and the bodily injury sustained ;
(c) the machinery or equipment involved ;
(d) the time and place of the occurrence ;
(e) the name and address of the injured person ;
(/) the names and addresses of all witnesses to the
occurrence ; and
(g) the name and address of the physician or surgeon,
if any, by whom the person was or is being attended
for the injury. R.S.O. 1970, c. 81, s. 23 (1), amended.
(2) Where a person is killed or is critically injured on afio^of^*'
project, no person shall, except for the purpose of, wreckage
{a) saving life or relieving human suffering; or
{h) maintaining an essential public utility service or a
public transportation system,
interfere with, disturb, destroy, alter or carry away any
wreckage, article or thing at the scene of or connected with the
occurrence until permission so to do has been given by an
inspector. R.S.O. 1970, c. 81, s. 23 (3), amended.
26.~-(l) Every person who contravenes any provision of^®^®^'^*^
this Act or the regulations is guilty of an offence and on
summary conviction is liable to a fine of not more than
$10,000 or to imprisonment for a term of not more than
twelve months, or to both.
(2) Every person to whom an order of an inspector is given ^^"f^^'y^.^
under section 11 or 12, who fails to comply with it in to comply
with OfaPT
accordance with its terms, is guilty of an offence and, on of
summary conviction is, in addition to the penalties mentioned °^^^^ °^
in subsection 1, liable to a fine of not more than $500 per day for
every day upon which the offence continued after such order
was given. R.S.O. 1970, c. 81 , s. 25, amended.
27. In any prosecution for an offence under this Act, aQ/"°°|gj.
copy of a direction or order purporting to have been made
under this Act or the regulations and purporting to have been
signed by the person authorized by this Act to make the
direction or order is prima facie proof of the direction or order
without proof of the signature or authority of the person by
whom it purports to be signed. New.
ni
14
Hearing of
information
28. An information in respect of an offence under this
Act or the regulations may, at the election of the informant, be
heard, tried and determined by the Provincial Court (Criminal
Division) having jurisdiction in the county or district in
which the accused is resident or carries on business although
the subject-matter of the information did not arise in that
county or district. New.
Levy on
construction
Industry
R.S.0. 1970,
C.505
29. — (1) The Lieutenant Governor in Council may, by order,
fix an amount that shall be assessed and levied by the
Workmen's Compensation Board upon the employers in
Schedule 1 under The Workmen's Compensation Act engaged in
projects, in an amount sufficient to defray the expenses of the
administration of this Act by the Ministry of Labour.
onevy"°° (^) ^^^ Workmen's Compensation Board shall add to the
assessment and levy made under The Workmen's Compensation
Act upon each employer in Schedule 1 thereunder engaged
in projects a sum which shall be calculated as a percentage
of the said assessment and levy and which percentage shall
be determined as the proportion that the amount fixed
under subsection 1 bears to the total sum that the
Workmen's Compensation Board fixes and determines to be
assessed for payment by all employers in Schedule 1 engaged in
projects, and The Workmen's Compensation Act applies to such
sum and to the collection and payment thereof in the
same manner as to an assessment and levy made under
that Act.
Treasurer*" ^^^ ^^^ Workmen's Compensation Board shall collect the
assessment and levy imposed under this section and shall pay
the amounts so collected to the Treasurer of Ontario. New.
Notice of
Injury to
person
Time for
notice
30. — (1) Where an accident, industrial disease, explosion
or fire causes injury to a person on a project whereby he is
disabled from earning full wages or requires medical attention,
and such occurrence does not require notice to an inspector
and the sending of a written report to the Director as pre-
scribed by subsection 1 of section 25, a notice in writing of the
occurrence shall be given to the Director by the employer of the
injured person stating,
{a) the name, address and type of business of the
employer ;
(6) the nature and the circumstances of the occurrence ;
(c) the time and place of the occurrence ; and
{d) the name and address of the injured person.
(2) Such notice shall be given within four days after the
occurrence.
127
15
(3) This section does not apply where a notice required toNoWce
be given by an employer to the Workmen's Compensation R.s.o. i970
Board by section 117 of The Workmen's Compensation /I c/ sufficient
has been delivered or mailed to the Workmen's Compensation
Board as required by the said section 117.
(4) Where a notice required to be given by section 117 of Board to
The Workmen's Compensation Act is received by the Workmen's °°^*^®,q7n
Compensation Board from an employer, a copy shall be c.'sds '
forwarded by the Board to the Director. R.S.O. 1970, c. 81,
s. 22, amended.
31. — (1) The Lieutenant Governor in Council may make ^®^'^'**^°°^
such regulations as he considers advisable to ensure the
protection of persons on projects.
(2) Without limiting the generality of subsection 1, the^^®™
Lieutenant Governor in Council may make regulations,
1 . prescribing forms and providing for their use ;
2. requiring and prescribing notices in one or more
languages that shall be posted ;
3. prescribing the projects of which notice is to be given
to the Director ;
4. prescribing the records that shall be made and kept ;
5. requiring the submission of such drawings, specifica-
tions, details of procedures and other information as
are prescribed and prescribing by whom such
information shall be prepared or certified ;
6. requiring and providing for the registration of
employers of workmen engaged in the construction
of projects or parts of projects;
7. regulating or prohibiting the installation or use of
any machine, device or thing or any class thereof;
8. requiring and regulating protective clothing and
devices for persons who are exposed to any hazards ;
9. regulating the handling, use and disposal of any
poisonous, dangerous or harmful material, substance
or thing ;
10. respecting protection from fire ;
11. respecting the provision and maintenance of any
sanitary convenience or welfare provision ;
127
16
12. regulating the exposure by persons to specified
atmospheric conditions ;
13. requiring medical examinations of workmen and
prescribing the reports to be made of such examina-
tions;
14. respecting the reporting by physicians and others
of affection from dangerous or harmful substances
or poisoning ;
15. requiring persons to transmit to the Director such
returns and reports as are prescribed ;
1 6 . prescribing the medical facilities that shall be provided
for medical treatment in cases of accident or sickness
and the supervision of the general health of
workmen during working hours ;
17. requiring that any machine, device or thing used
bears the seal of approval of an organization desig-
nated to test and approve the machine, device or
thing;
18. requiring the approval of an inspector in respect of
any method, matter or thing.
19. adopting by reference, in whole or in part, with such
changes as the Lieutenant Governor in Council
considers necessary, any code and may require
compliance with any code that is so adopted.
R.S.O. 1970, c. 81, s. 26, amended.
R.S.O.1970. 32.— (1) The Construction Safety Act, being chapter 81 of
repealed the Rcviscd Statutes of Ontario, 1970, is repealed.
^'m' ^^^°' (2) ^^^ Trench Excavator's Protection Act, being chapter 469
repealed of the Revised Statutes of Ontario, 1970, is repealed.
Rs.OgisTO, (3) Subsection 1 of section 11 of The Ministry of Labour
repealed ' Act, being chapter 117 of the Revised Statutes of Ontario,
1970, is repealed.
1971 Act (4) Sections 22 and 83 of The Civil Rights Statute Law
amended v ' ° , ,
Amendment Act, 1971, being chapter 50, are repealed.
Commence- 33 j^is Act comes into force on a day to be named
by the Lieutenant Governor by his proclamation.
Short title 3^^ jj^jg ^^t may be cited as The Construction Safety
Act, 1973.
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CO
BILL 128 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to provide for
Planning and Development in Ontario
The Hon. J. White
Treasurer of Ontario and Minister of Economics
and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
The Bill provides for the preparation and implementation of a develop-
ment plan for any area of land in Ontario designated by the Minister as
a development planning area. The principal features of the Bill are the
following:
1. When a development planning area has been designated by the
Minister, he may cause a development plan to be prepared for
such area.
2. One or more advisory committees may be established by the
Minister to advise him on the preparation and implementation
of any such plan.
3. Provision is made for consultation during the preparation of the
plan with municipalities and other affected persons and organiza-
tions, and hearing officers will be appointed to receive representa-
tions concerning the proposed plan.
4. After consideration of all comments on and representations made
concerning the proposed plan, the plan will be submitted to the
Lieutenant Governor in Council and the plan as approved by that
body becomes the development plan covering the area of land in
Ontario defined in it.
5. Provision is made for any ministry, municipality or person affected
by the plan to apply for an amendment to the plan, and the
provisions of the Bill relating to consultation, hearings, the receiv-
ing of representations and the like, apply to the consideration of
the application for the amendment.
6. When a development plan is in effect, municipalities in the area
covered by it may not pass by-laws or initiate undertakings that
conflict with the plan ; in the event of conflict between the develop-
ment plan and any official plan or zoning by-law in effect in the
same area, the development plan prevails to the extent of such
conflict.
7. Municipalities may be required to adopt official plans or pass
zoning by-laws that conform to the development plan or to amend
existing official plans or zoning by-laws to resolve any area of
conflict with the development plan; provision is made for financial
aid to municipalities required to do so.
8. The Province is empowered to acquire land in a development
planning area for the purpose of implementing any feature of the
development plan and to sell, lease or otherwise dispose of such
land; provision is made for financial assistance to persons or
corporations, including municipalities, who undertake a program
or policy that implements the development plan.
9. Provision is made for undertaking a review of every development
plan at intervals not exceeding five years and to any such review
all of the provisions of the Bill respecting consultations, hearings,
the receiving of representations and the like, apply.
128
BILL 128 1973
An Act to provide for
Planning and Development 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, Interpre-
tation
{a) "development plan" means a plan, policy and pro-
gram, or any part thereof, approved by the Lieuten-
ant Governor in Council, covering any area of land in
Ontario defined therein, designed to promote the
optimum economic, social, environmental and phy-
sical condition of the area, and consisting of the texts
and maps describing the program and policy ;
{b) "local plan" means an official plan approved by the
Minister or by the Ontario Municipal Board under
The Planning A ct ; ff-O- 1970.
(c) "Minister" means the Treasurer of Ontario and
Minister of Economics and Intergovernmental
Affairs ;
(d) "ministry" means any ministry or secretariat of the
Government of Ontario and includes a board, com-
mission or agency of the Government ;
(e) "zoning by-law" means a by-law passed under section
35 of The Planning Act or any predecessor thereof
and approved by the Ontario Municipal Board.
2. The Minister may by order establish as a development J:^^°i|^|^jij.gjj
planning area any area of land in Ontario defined in the order, development
t^ o J planning
area
3. The Minister may establish one or more advisory Advisory
■^ . -^ committees
committees, consistmg of such persons as the Minister
appoints, to advise and make recommendations to the Minister
128
in respect of the preparation and implementation of any
development plan and to perform any other function given
to it by the Minister.
mn^sterto^ 4. Where a development planning area has been established
deveio^'me t ^"^^'' section 2, the Minister may, in respect of the planning
plan area or any part thereof, direct that there be carried out an
investigation and survey of the environmental, physical,
social and economic conditions in relation to the development
of the planning area or any part thereof and may cause to be
prepared a development plan for the planning area or part
thereof.
C9i^uitation 5, In respect of an area for which a development plan is
munici- being prepared, the Minister shall ensure that the council of
each municipality within the area is consulted with respect
to the proposed contents of the plan.
Dian^^*^°^ 6. A development plan may contain.
plan
(a) policies for the economic, social and physical develop-
ment of the area covered by the plan in respect of,
(i) the general distribution and density of popu-
lation,
(ii) the general location of industry and commerce,
the identification of major land use areas and
the provision of major parks and open space,
(iii) the management of land and water resources,
(iv) the control of all forms of pollution of the
natural environment,
(v) the general location and development of
major servicing, communication and trans-
portation systems,
(vi) the development and maintenance of edu-
cational, cultural, recreational, health and
other social facilities, and
(vii) such other matters as are, in the opinion of
the Minister, advisable;
{b) policies relating to the financing and programming
of public development projects and capital works;
128
¥
(c) policies to co-ordinate planning and development
among municipalities within an area or within
separate areas, defined by the Minister ; and
{d) such policies as are, in the opinion of the Minister,
advisable for the implementation of the plan.
7.— (1) In respect of an area for which a development plan is^r^oposed
being prepared, the Minister shall ensure that, furnished
^ r^ ^ to munici-
palities, etc.
(a) each municipality within the area is furnished with
a copy of the proposed plan and invited to make
comments thereon within such period of time , not being
less than three months from the time the plan is
furnished to it, as is specified ;
(6) a notice is published in one or more newspapers having
general circulation in the area notifying the public
of the proposed plan, indicating where a copy of the
plan can be examined and inviting the submission
of comments thereon within such period of time, not
being less than three months from the time the notice
is first published, as is specified ; and
(c) any regional advisory committee appointed under
section 3 and empowered under that section to make
recommendations relating to the preparation and
implementation of a development plan covering the
area is furnished with a copy of the proposed plan
and invited to make comments thereon within such
period of time, not being less than three months from
the time the plan is furnished to the committee,
as is specified.
(2) After the expiration of the time for the making of^^^nng
comments on the proposed plan, the Minister shall appoint
one or more hearing officers for the purpose of conducting
one or more hearings, as the Minister may determine, within
the area for the purpose of receiving representations respecting
the contents of the plan by any person desiring to make
representations.
(3) The hearing officer shall fix the time and place for[^°^^?®^^
the hearing or hearings as determined under subsection 2,
and shall publish notice thereof in one or more newspapers
having in his opinion general circulation in the area.
(4) The time fixed for any hearing under subsection 3^^^^,^°^
shall be not sooner than three weeks after the first ]:)ublication
of the notice of the hearing.
128
Report of
hearing
officer
(5) After the conclusion of the hearing or of the last
hearing if more hearings than one are held, the hearing officer
shall report to the Minister a summary of the representations
made together with his opinion as to what, if any, modifi-
cations ought to be made to the plan.
inspecwon (6) A copy of the report of the hearing officer shall be
made available in the office of the Minister, in the office of
the clerk of each municipality, the whole or any part of which is
within the area, and in such other offices and locations as the
Minister determines for inspection by any person desiring to
do so.
Submission (7) After giving consideration to the comments received
Lieutenant and the report of the hearing officer, the Minister shall
Council submit the proposed plan with his recommendations thereon
to the Lieutenant Governor in Council.
Approval of (g) The Lieutenant Governor in Council may approve the
Lieutenant plan, or may approve the plan with such modifications as
counc?i°'^^^ the Lieutenant Governor in Council considers desirable, and
thereupon the plan is the development plan for the area
defined in it.
Lodging
of plan
8. — (1) A copy of every development plan and of every
amendment or modification thereto certified by the Minister
shall be lodged with the clerk of each municipality, all or
part of which is within the area covered by the plan.
Idem
(2) A copy of every development plan and of every amend-
ment or modification thereto certified by the Minister shall
be lodged in every land registry office of lands within the
area covered by the plan, where it shall be made available to
the public as a production.
Amendment 9^ — (J) An amendment to any development plan that is in
effect may be initiated by the Minister, and application
may be made to the Minister by any person, ministry or
municipality requesting an amendment to the plan.
Approval of (2) Where the Minister initiates an amendment to a develop-
to plan by ment plan or, subject to subsection 3, where the Minister
Lieutenant . i-,- i ■ i^. 1
Governor in receives an application requesting an amendment to a plan,
Council ^j^g provisions of this Act in respect of a development plan
relating to consultation, the submission of comments and the
holding of hearings apply, mutatis mutandis, to the con-
sideration of the proposed amendment, following which the
Minister shall submit the amendment with his recommendations
thereon to the Lieutenant Governor in Council and the
Lieutenant Governor in Council may refuse to approve the
128
amendment or may approve it or may approve the amendment
with such modifications as the Lieutenant Governor in Council
considers desirable, and in the event an amendment is approved,
the development plan as so amended is thereupon the
development plan for the area defined in it.
(3) Where, in the opinion of the Minister, an application frivolous,
for an amendment is not made in good faith, or is frivolous applications
or is made only for the purpose of delay, the Minister shall
inform the applicant in writing of his opinion and notify the
applicant that unless he makes written representations thereon
to the Minister within such time as is specified in the notice
the provisions of subsection 2 in respect of the consideration
of the amendment shall not apply, and approval of the
amendment shall be deemed to be refused.
(4) Where representations are made to the Minister under i^^^m
subsection 3, the Minister, after giving consideration thereto,
shall inform the applicant in writing either that the Minister's
opinion is confirmed and that approval of the amendment
is deemed to be refused or that he has directed that con-
sideration of the amendment be proceeded with in accordance
with subsection 2.
10. — (1) Notwithstanding any other general or special Act, fo^clfnforni^"
where there is a development plan, to plan
{a) no municipality or local board having jurisdiction
in the area covered by the plan, or in any part thereof,
and no ministry, shall undertake any improvement
of a structural nature or any other undertaking
within the area covered by the development plan;
and
(b) no municipality having jurisdiction in such area shall
pass a by-law for any purpose,
that is in conflict with the development plan.
(2) The Minister, upon the application of the council of a^J^jjf^^^'.j'^^y
municipality having jurisdiction in the area covered by a etc.^conforms
development plan, or in any part thereof, may, in writing,
declare that a by-law, improvement or other undertaking of
such municipality shall be deemed not to conflict with the
development plan, if the Minister is of the opinion that the
by-law, improvement or other undertaking conforms with the
general intent and purpose of the development plan.
11. Notwithstanding any other general or special Act,f^oi^ict
where a development plan is in effect in any area and there
128
is a conflict between any provision of the development plan
and any provision of a local plan or any provision of a zoning
by-law covering part or all of the same area, then the provision
of the development plan prevails.
conflict
^ijjft^ermay 12. — (1) Where, in the opinion of the Minister, a local
submission of plan or a zoning by-law is in conflict with the provisions
DrODOSSilS to i. ^— ' w" t
resolve of any development plan that covers in whole or in part the
same area, the Minister shall advise the council of the
municipality that adopted the local plan or that passed the
zoning by-law of the particulars wherein the local plan or
zoning by-law conflicts with the development plan and shall
invite the municipality to submit, within such time as the
Minister specifies, proposals for the resolution of the conflict.
Power of
Minister
re zoning
R.S.0. 1970,
c. 349
mnfsterto (2) Where the council of a municipality fails to submit
focafpian proposals to rcsolve the conflict within the time specified
by the Minister, or where after consultation with the Minister
on such proposals, the conflict cannot be resolved and the
Minister so notifies in writing the council of the municipality,
the Minister may by order amend the local plan so as to make
it conform to the development plan, and the order when made
shall have the same effect as though it were an amendment to
the local plan made by the council of the municipality and
approved by the Minister.
13. Nothing in this Act derogates from the power of the
Minister to make an order under clause a of subsection 1
of section 32 of The Planning Act and, notwithstanding sub-
section 4 of the said section 32, where there is a development
plan in effect in the area to be covered by the order, any
such order may be made that does not conform to a local plan
in effect in the area, provided the order conforms to the
development plan.
may'require ^^' ^^^rc a development plan is in effect in a municipality
adoption or any part thereof and the municipality does not have a local
or passage of plan in effect or has not passed a zoning by-law or by-laws
z ning y aw ^.Q^gj-jj^g ^Yie municipality or that part of the municipality
covered by the development plan, the council of the muni-
cipality, upon being notified in writing by the Minister of that
fact, shall, within such time as is specified in the notice, prepare
and adopt a local plan or pass a zoning by-law or by-laws
that conform to the development plan and submit to the
Minister the local plan for approval or submit to the Ontario
Municipal Board the zoning by-law or by-laws for approval,
as the case requires.
Review of
plan
15. — (1) Not later than five years from the day on which
a development plan comes into effect, the Minister shall cause
a review of the plan to be undertaken, and the provisions of
128
this Act in respect of a development plan relating to con-
sultation, the submission of comments and the holding of
hearings apply, mutatis mutandis, to the review, following
which the Minister shall submit to the Lieutenant Governor in
Council a report on the review of the development plan with
his recommendations thereon.
(2) The Lieutenant Governor in Council may confirm the Go^venufriii
development plan or may approve the plan with such confirm plan
modifications as the Lieutenant Governor in Council considers or approve
modifications
desirable, and thereupon the confirmed plan or the modified
plan as the case may be is the development plan for the area
defined in it.
(3) Subsections 1 and 2 apply mutatis mutandis to the^^^^^*^^*/*^
confirmed or modified development plan, and so on at intervals plan
of not greater than five years, to the end that every develop-
ment plan shall be subject to continuing review and if
desirable, modification, at such periodic intervals.
16. — (1) For the purposes of developing any feature of acquire land
a development plan, the Minister may, for and in the name
of Her Majesty, acquire by purchase, lease or otherwise, or,
subject to The Expropriations Act, without the consent ^-^gO- 1^''"-
of the owner, enter upon, take and expropriate and hold any
land or interest therein within the area covered by the
plan, and sell, lease or otherwise dispose of any such land
or interest therein.
(2) The Lieutenant Governor in Council may designate any Power of^^
minister of the Crown in respect of any land acquired under minister
subsection 1, and thereupon the minister so designated may,
for the purpose of developing any feature of the development
plan,
{a) clear, grade or otherwise prepare the land for
development or may construct, repair or improve
buildings, works and facilities thereon ; or
(b) sell, lease or otherwise dispose of any of such land or
interest therein.
1 7 . Where a municipality is invited to submit proposals ^i^^nts
to the Minister under section 12 to resolve a conflict between
a local plan or zoning by-law and a development plan or is
required under section 14 to prepare and adopt a local plan
or pass a zoning by-law or by-laws, the Minister may, out of
the moneys appropriated therefor by the Legislature, make
grants to any such municipality towards the costs of pre-
paring such proposals, plans or by-laws.
128
8
Financial ig Where a development plan is in effect, the Minister
may, out of the moneys appropriated therefor by the
Legislature, provide financial assistance to any person, organi-
zation or corporation, including a municipal corporation,
undertaking any policy or program that implements the plan.
o^Act't""'^ 19. This Act does not apply to the Niagara Escarpment
1973, c. . . . Planning Area established under The Niagara Escarpment
Planning and Development Act, 1973, except as otherwise
provided under that Act.
me^r^^^^ 20. This Act shall be deemed to have come into force on
the 4th day of June, 1973.
Short title 21. This Act may be cited as The Ontario Planning and
Development Act, 1973.
128
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BILL 128 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to provide for
Planning and Development in Ontario
The Hon. J. White
Treasurer of Ontario and Minister of Economics
and Intergovernmental Affairs
{Reprinted as amended by the Resources Development Committee)
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
The Bill provides for the preparation and implementation of a develop-
ment plan for any area of land in Ontario designated by the Minister as
a development planning area. The principal features of the Bill are the
following :
1. When a development planning area has been designated by the
Minister, he may cause a development plan to be prepared for
such area.
2. One or more advisory committees may be established by the
Minister to advise him on the preparation and implementation
of any such plan.
3. Provision is made for consultation during the preparation of the
plan with municipalities and other affected persons and organiza-
tions, and hearing officers will be appointed to receive representa-
tions concerning the proposed plan.
4. After consideration of all comments on and representations made
concerning the proposed plan, the plan will be submitted to the
Lieutenant Governor in Council and the plan as approved by that
body becomes the development plan covering the area of land in
Ontario defined in it.
5. Provision is made for any ministry, municipality or person affected
by the plan to apply for an amendment to the plan, and the
provisions of the Bill relating to consultation, hearings, the receiv-
ing of representations and the like, apply to the consideration of
the application for the amendment.
6. When a development plan is in effect, municipalities in the area
covered by it may not pass by-laws or initiate undertakings that
conflict with the plan ; in the event of conflict between the develop-
ment plan and any official plan or zoning by-law in effect in the
same area, the development plan prevails to the extent of such
conflict.
7. Municipalities may be required to adopt official plans or pass
zoning by-laws that conform to the development plan or to amend
existing official plans or zoning by-laws to resolve any area of
conflict with the development plan; provision is made for financial
aid to municipalities required to do so.
8. The Province is empowered to acquire land in a development
planning area for the purpose of implementing any feature of the
development plan and to sell, lease or otherwise dispose of such
land; provision is made for financial assistance to persons or
corporations, including municipalities, who undertake a program
or policy that implements the development plan.
9. Provision is made for undertaking a review of every development
plan at intervals not exceeding five years and to any such review
all of the provisions of the Bill respecting consultations, hearings,
the receiving of representations and the like, apply.
128
BILL 128 1973
An Act to provide for
Planning and Development 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^^fP'"®"
' tation
(a) "development plan" means a plan, policy and pro-
gram, or any part thereof, approved by the Lieuten-
ant Governor in Council, covering any area of land in
Ontario defined therein, designed to promote the
optimum economic, social, environmental and phy-
sical condition of the area, and consisting of the texts
and maps describing the program and policy ;
{b) "local plan" means an official plan approved by the
Minister or by the Ontario Municipal Board under
The Planning A ct ; R|^o. i97o,
(c) "Minister" means the Treasurer of Ontario and
Minister of Economics and Intergovernmental
Affairs ;
{d) "ministry" means any ministry or secretariat of the
Government of Ontario and includes a board, com-
mission or agency of the Government ;
{e) "zoning by-law" means a by-law passed under section
35 of The Planning Act or any predecessor thereof
and approved by the Ontario Municipal Board.
2. — (1) The Minister may by order establish as a develop- ^ay^lstabush
ment planning area any area of land in Ontario defined in the pfanlun^^"*^
order. area
(2) Where a development planning area has been established ^^^j^^^um^y
under subsection 1, the Minister shall include in the order a prepare
' .... development
direction that there be carried out an investigation and survey plan
128
of the environmental, physical, social and economic conditions
in relation to the development of the planning area or any part
thereof, and that there be prepared within a period of two years
or such other period of time as the Minister in his order
determines, a development plan for the planning area or part
thereof.
Order to be
laid before
Assembly
(3) Where any order is made under subsection 1 , the Minister
shall, on the day the order is made, or as soon thereafter as is
practicable, lay the order before the Assembly if it is in session,
or if not, at the commencement of the next ensuing session
and the Assembly shall, by resolution declare the order
approved, revoked or varied.
Advisory
committees
3. The Minister shall establish two or more advisory
committees, consisting of such persons as the Minister appoints,
one of which will represent the municipalities in the develop-
ment planning area in whole or in part and one of which will be
broadly representative of the people of the development
planning area, to advise and make recommendations to the
Minister in respect of the preparation and implementation
of any development plan and to perform any other function
given to them by the Minister. "^Pl
Consultation 4. jn respect of an area for which a development plan is
munici- being prepared, the Minister shall ensure that the council of
each municipality within the area is consulted with respect
to the proposed contents of the plan.
Contents of
plan
5. A development plan may contain,
(a) policies for the economic, social and physical develop-
ment of the area covered by the plan in respect of,
(i) the general distribution and density of popu-
lation,
(ii) the general location of industry and commerce,
the identification of major land use areas and
the provision of major parks and open space,
(iii) the management of land and water resources,
(iv) the control of all forms of pollution of the
natural environment,
(v) the general location and development of
major servicing, communication and trans-
portation systems.
128
(vi) the development and maintenance of edu-
cational, cultural, recreational, health and
other social facilities, and
(vii) such other matters as are, in the opinion of
the Minister, advisable; ,
{b) policies relating to the financing and programming
of public development projects and capital works;
(c) policies to co-ordinate planning and development
among municipalities within an area or within
separate areas, defined by the Minister ; and
(d) such policies as are, in the opinion of the Minister,
advisable for the implementation of the plan.
6. — (1) In respect of an area for which a development plan is niTntobe
being prepared, the Minister shall ensure that, furnished
Off' to munici-
palities, etc.
(a) each municipality within the area is furnished with
a copy of the proposed plan and invited to make
comments thereon within such period of time, not being
less than three months from the time the plan is
furnished to it, as is specified ;
{b) a notice is published in one or more newspapers having
general circulation in the area notifying the public
of the proposed plan, indicating where a copy of the
plan together with the material used in preparation
thereof mentioned in subsection 5 can be examined
and inviting the submission of comments thereon
within such period of time, not being less than three
months from the time the notice is first published,
as is specified ; and
(c) any advisory committee appointed under section
3 and empowered under that section to make
recommendations relating to the preparation and
implementation of a development plan covering the
area is furnished with a copy of the proposed plan
and invited to make comments thereon within such
period of time, not being less than three months from
the time the plan is furnished to the committee,
as is specified.
(2) After the expiration of the time for the making of ^^^^^^
comments on the proposed plan, the Minister shall appoint
one or more hearing officers for the purpose of conducting
one or more hearings, as the Minister may determine, within
. 128
the area for the purpose of receiving representations respecting
the contents of the plan by any person desiring to make
representations.
Notice of
( hearing
(3) The hearing officer shall fix the time and place for
the hearing or hearings as determined under subsection 2,
and shall publish notice thereof in one or more newspapers
having in his opinion general circulation in the area.
Time of
hearing
Procedure
at hearing
(4) The time fixed for any hearing under subsection 3
shall be not sooner than three weeks after the first j:)ublication
of the notice of the hearing.
(5) At any such hearing the Minister or officials of the
Ministry shall present the proposed plan and the justification
therefor and shall make available for public inspection research
material, reports, plans and the like that were used in the
preparation of such plan and, subject to the rules of procedure
adopted by the hearing officer for the conduct of the hearing,
the persons presenting the plan may be questioned on any
aspect of the plan by any interested person. "^Pl
Report of
hearing
officer
(6) Not less than three months after the conclusion of the
hearing or of the last hearing if more hearings than one are held
or within such extended time as the Minister prescribes the
hearing officer shall report to the Minister a summary of the
representations made together with a report stating whether
the plan should be accepted, rejected or modified, giving his
reasons therefor.
Inspection
of report
(7) A copy of the report of the hearing officer shall be
made available in the office of the Minister, in the office of
the clerk of each municipality, the whole or any part of which is
within the area, and in such other offices and locations as the
Minister determines for inspection by any person desiring to
do so.
omTn^to°^ (8) After giving consideration to the comments received
Lieutenant and the report of the hearing officer, the Minister shall
Governor in .
Council submit the proposed plan with his recommendations thereon
to the Lieutenant Governor in Council.
When report
not approved
(9) If the recommendation of the Minister to the Lieutenant
Governor in Council is other than that the report of the hearing
officer be approved, then the Minister shall give public notice
to this effect, state his intention, and a period of 21 days allowed
when representations in writing can be made by anyone
concerned to the Lieutenant Governor in Council. ^^B
128
(10) The Lieutenant Governor in Council may approve the ^iPp^^^^i °f
plan, or may approve the plan with such modifications as Qo^^g^jpjf^^j*
the Lieutenant Governor in Council considers desirable, and council
thereupon the plan is the development plan for the area
defined in it.
7. — (1) A copy of every development plan and of every ^f°^g^^8-
amendment or modification thereto certified by the Minister
shall be lodged forthwith with the clerk of each municipality, all
or part of which is within the area covered by the plan.
(2) A copy of every development plan and of every amend- ^^®™
ment or modification thereto certified by the Minister shall
be lodged forthwith in every land registry office of lands within
the area covered by the plan, where it shall be made available
to the public as a production.
8. — (1) An amendment to any development plan that is in Amendment
effect may be initiated by the Minister, and application
may be made to the Minister by any person, ministry or
municipality requesting an amendment to the plan.
(2) Where the Minister initiates an amendment to a develop- Approval of
1 I- 1- 11 till-- amendment
ment plan or, subject to subsection 3, where the Minister to plan by
'■ 1 ■ , • , • 1 , i 1 Lieutenant
receives an application requesting an amendment to a plan , Governor in
the provisions of this Act in respect of a development plan
relating to consultation, the submission of comments and the
holding of hearings apply, mutatis mutandis, to the con-
sideration of the proposed amendment, following which the
Minister shall submit the amendment with his recommendations
thereon to the Lieutenant Governor in Council and the
Lieutenant Governor in Council may refuse to approve the
amendment or may approve it or may approve the amendment
with such modifications as the Lieutenant Governor in Council
considers desirable, and in the event an amendment is approved,
the development plan as so amended is thereupon the
development plan for the area defined in it.
(3) Where, in the opinion of the Minister, an application gj"^^"^""®'
for an amendment is not made in good faith, or is frivolous applications
or is made only for the purpose of delay, the Minister shall
inform the applicant in writing of his opinion and notify the
applicant that unless he makes written representations thereon
to the Minister within such time as the Minister specifies in the
notice, not being less than fifteen days from the time the
notice is given, the provisions of subsection 2 in respect of the
consideration of the amendment shall not apply, and approval
of the amendment shall be deemed to be refused.
(4) Where representations are made to the Minister under i^®'"
subsection 3, the Minister, after giving consideration thereto,
128
shall inform the applicant in writing either that the Minister's
opinion is confirmed and that approval of the amendment
is deemed to be refused or that he has directed that con-
sideration of the amendment be proceeded with in accordance
with subsection 2.
By-laws, etc., 9. — (1) Notwithstanding any other general or special Act,
to plan where there is a development plan,
(a) no municipality or local board having jurisdiction
in the area covered by the plan, or in any part thereof,
and no ministry, shall undertake any improvement
of a structural nature or any other undertaking
within the area covered by the development plan;
and
{b) no municipality having jurisdiction in such area shall
pass a by-law for any purpose,
that is in conflict with the development plan.
Ministermay (2) The Minister, upon the application of the council of a
deem by-law, ^ '. . .. . f . , . . ^ ^ .
etc., conforms municipality having jurisdiction in the area covered by a
°^*^ development plan, or in any part thereof, may, in writing,
declare that a by-law, improvement or other undertaking of
such municipality shall be deemed not to conflict with the
development plan, if the Minister is of the opinion that the
by-law, improvement or other undertaking conforms with the
general intent and purpose of the development plan.
Conflict jQ^ Notwithstanding any other general or special Act,
where a development plan is in effect in any area and there
is a conflict between any provision of the development plan
and any provision of a local plan or any provision of a zoning
by-law covering part or all of the same area, then the provision
of the development plan prevails.
Ministermay i|, — (J) Where, in the opinion of the Minister, a local
submission of plan or a zoning by-law is in conflict with the provisions
resoivT ^ ° of any development plan that covers in whole or in part the
conflict same area, the Minister shall advise the council of the
municipality that adopted the local plan or that passed the
zoning by-law of the particulars wherein the local plan or
zoning by-law conflicts with the development plan and shall
invite the municipality to submit, within such time as the
Minister specifies, proposals for the resolution of the conflict.
local plan
Power of (2) Where the council of a municipality fails to submit
Minister to ^ ' ./.•:. n j
amend proposals to resolvc the conflict withm the time specified
by the Minister, or where after consultation with the Minister
128
on such proposals, the conflict cannot be resolved and the
Minister so notifies in writing the council of the municipality,
the Minister may by order amend the local plan so as to make
it conform to the development plan, and the order when made
shall have the same effect as though it were an amendment to
the local plan made by the council of the municipality and
approved by the Minister.
12. Nothing in this Act derogates from the power of the^^^fg^^"^
Minister to make an order under clause a of subsection 1 pf s°o^wo
of section 32 of The Planning Act and, notwithstanding sub- c. 349
section 4 of the said section 32, where there is a development
plan in effect in the area to be covered by the order, any
such order may be made that does not conform to a local plan
in effect in the area, provided the order conforms to the
development plan.
13. Where a development plan is in effect in a municipality may^require
or any part thereof and the municipality does not have a local adoption
plan in effect or has not passed a zoning by-law or by-laws or passage of
,, • • 1-i i.u X J. X iu • • 1-.L zoningby-law
covermg the municipality or that part of the municipality
covered by the development plan, the council of the muni-
cipality, upon being notified in writing by the Minister of that
fact, shall, within such time as is specified in the notice, prepare
and adopt a local plan or pass a zoning by-law or by-laws
that conform to the development plan and submit to the
Minister the local plan for approval or submit to the Ontario
Municipal Board the zoning by-law or by-laws for approval,
as the case requires.
14. — (1) Not later than five years from the day on which pj^n^* °^
a development plan comes into effect, the Minister shall cause
a review of the plan to be undertaken, and the provisions of
this Act in respect of a development plan relating to con-
sultation, the submission of comments and the holding of
hearings apply, mutatis mutandis, to the review, following
which the Minister shall submit to the Lieutenant Governor in
Council a report on the review of the development plan with
his recommendations thereon.
(2) The Lieutenant Governor in Council may confirm the Qg^^g^jfj^Q^'^j^
development plan or may approve the plan with such ^°'^q^^^ "J^^
modifications as the Lieutenant Governor in Council considers or approve
desirable, and thereupon the confirmed plan or the modified
plan as the case may be is the development plan for the area
defined in it.
(3) Subsections 1 and 2 apply mutatis mutandis to the Continuing
confirmed or modified development plan, and so on at intervals plan
of not greater than five years, to the end that every develop-
128
Power to
acquire land
R.S.0. 1970.
c. 154
ment plan shall be subject to continuing review and if
desirable, modification, at such periodic intervals.
15. — (1) For the purposes of developing any feature of
a development plan, the Minister may, for and in the name
of Her Majesty, acquire by purchase, lease or otherwise, or,
subject to The Expropriations Act, without the consent
of the owner, enter upon, take and expropriate and hold any
land or interest therein within the area covered by the
plan, and sell, lease or otherwise dispose of any such land
or interest therein.
Power of
designated
minister
(2) The Lieutenant Governor in Council may designate any
minister of the Crown in respect of any land acquired under
subsection 1, and thereupon the minister so designated may,
for the purpose of developing any feature of the development
plan,
[a) clear, grade or otherwise prepare the land for
development or may construct, repair or improve
buildings, works and facilities thereon ; or
[h] sell, lease or otherwise dispose of any of such land or
interest therein.
Grants
16. Where a municipality is invited to submit proposals
to the Minister under section 1 1 to resolve a conflict between
a local plan or zoning by-law and a development plan or is
required under section 13 to prepare and adopt a local plan
or pass a zoning by-law or by-laws, the Minister may, out of
the moneys appropriated therefor by the Legislature, make
grants to any such municipality towards the costs of pre-
paring such proposals, plans or by-laws.
Financial 17^ Where a development plan is in effect, the Minister
may, out of the moneys appropriated therefor by the
Legislature, provide financial assistance to any person, organi-
zation or corporation, including a municipal corporation,
undertaking any policy or program that implements the plan.
Ylct't"°'^ 18. This Act does not apply to the Niagara Escarpment
i973,c. ... Planning Area established under The Niagara Escarpment
Planning and Development Act, 1973, except as otherwise
provided under that Act.
Commence-
ment
Short title
19. This Act shall be deemed to have come into force on
the 4th day of June, 1973.
20. This Act may be cited as The Ontario Planning and
Development Act, 1973.
128
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BILL 128
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
r
An Act to provide for
Planning and Development in Ontario
The Hon. J. White
Treasurer of Ontario and Minister of Economics
and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
1^
BILL 128
1973
An Act to provide for
Planning and Development 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,
(a) "development plan" means a plan, policy and pro-
gram, or any part thereof, approved by the Lieuten-
ant Governor in Council, covering any area of land in
Ontario defined therein, designed to promote the
optimum economic, social, environmental and phy-
sical condition of the area, and consisting of the texts
and maps describing the program and policy ;
(6) "local plan" means an official plan approved by the
Minister or by the Ontario Municipal Board under
The Planning Act;
(c) "Minister" means the Treasurer of Ontario and
Minister of Economics and Intergovernmental
Affairs ;
{d) "ministry" means any ministry or secretariat of the
Government of Ontario and includes a board, com-
mission or agency of the Government ;
(e) "zoning by-law" means a by-law passed under section
35 of The Planning Act or any predecessor thereof
and approved by the Ontario Municipal Board.
Interpre-
tation
R.S.0. 1970.
C.349
2. — (1) The Minister may by order establish as a develop- '^^°^^*®''
may establish
ment planning area any area of land in Ontario defined in the DiJnnin?^'^*^
order.
planning
area
(2) Where a development planning area has been established ^^j^^tum by
under subsection 1, the Minister shall include in the order a prepare
. ' . . . . development
direction that there be carried out an investigation and survey plan
128
-y
of the environmental, physical, social and economic conditions
in relation to the development of the planning area or any part
thereof, and that there be prepared within a period of two years
or such other period of time as the Minister in his order
determines, a development plan for the planning area or part
thereof.
Order to be
laid before
Assembly
(3) Where any order is made under subsection 1 , the Minister
shall, on the day the order is made, or as soon thereafter as is
practicable, lay the order before the Assembly if it is in session,
or if not, at the commencement of the next ensuing session
and the Assembly shall, by resolution declare the order
approved, revoked or varied.
Advisory
committees
3. The Minister shall establish two or more advisory
committees, consisting of such persons as the Minister appoints,
one of which will represent the municipalities in the develop-
ment planning area in whole or in part and one of which will be
broadly representative of the people of the development
planning area, to advise and make recommendations to the
Minister in respect of the preparation and implementation
of any development plan and to perform any other function
given to them by the Minister.
C9nsuitation 4. In respect of an area for which a development plan is
munici- being prepared, the Minister shall ensure that the council of
paiities each municipality within the area is consulted with respect
to the proposed contents of the plan.
Contents of
plan
5. A development plan may contain,
{a) policies for the economic, social and physical develop-
ment of the area covered by the plan in respect of,
(i) the general distribution and density of popu-
lation,
(ii) the general location of industry and commerce,
the identification of major land use areas and
the provision of major parks and open space
and the policies in regard to the acquisition
of lands,
(iii) the management of land and water resources,
(iv) the control of all forms of pollution of the
natural environment,
(v) the general location and development of
major servicing, communication and trans-
portation systems.
128
(vi) the development and maintenance of edu-
cational, cultural, recreational, health and
other social facilities, and
(vii) such other matters as are, in the opinion of
the Minister, advisable; .
{b) policies relating to the financing and programming
of public development projects and capital works;
(c) policies to co-ordinate planning and development
among municipalities within an area or within
separate areas, defined by the Minister; and
(d) such policies as are, in the opinion of the Minister,
advisable for the implementation of the plan.
6. — (1) In respect of an area for which a development plan is pfan tob^
being prepared, the Minister shall ensure that, furnished
o r r > to munici-
palities, etc.
(a) each municipality within the area is furnished with
a copy of the proposed plan and invited to make
comments thereon within such period of time , not being
less than three months from the time the plan is
furnished to it, as is specified ;
(b) a notice is published in one or more newspapers having
general circulation in the area notifying the public
of the proposed plan, indicating where a copy of the
plan together with the material used in preparation
thereof mentioned in subsection 5 can be examined
and inviting the submission of comments thereon
within such period of time, not being less than three
months from the time the notice is first published,
as is specified ; and
(c) any advisory committee appointed under section
3 and empowered under that section to make
recommendations relating to the preparation and
implementation of a development plan covering the
area is furnished with a copy of the proposed plan
and invited to make comments thereon within such
period of time, not being less than three months from
the time the plan is furnished to the committee,
as is specified.
(2) After the expiration of the time for the making of ^^^er^
comments on the proposed plan, the Minister shall appoint
one or more hearing officers for the purpose of conducting
one or more hearings, as the Minister may determine, within
, 128
the area for the purpose of receiving representations respecting
the contents of the plan by any person desiring to make
representations.
Notice of
hearing
(3) The hearing officer shall fix the time and place for
the hearing or hearings as determined under subsection 2,
and shall publish notice thereof in one or more newspapers
having in his opinion general circulation in the area.
Time of
hearing
(4) The time fixed for any hearing under subsection 3
shall be not sooner than three weeks after the first publication
of the notice of the hearing.
Procedure
at hearing
(5) At any such hearing the Minister or officials of the
Ministry shall present the proposed plan and the justification
therefor and shall make available for public inspection research
material, reports, plans and the like that were used in the
preparation of such plan and, subject to the rules of procedure
adopted by the hearing officer for the conduct of the hearing,
the persons presenting the plan may be questioned on any
aspect of the plan by any interested person.
Report of
hearing
officer
(6) Not less than three months after the conclusion of the
hearing or of the last hearing if more hearings than one are held
or within such extended time as the Minister prescribes the
hearing officer shall report to the Minister a summary of the
representations made together with a report stating whether
the plan should be accepted, rejected or modified, giving his
reasons therefor.
Inspection
of report
(7) A copy of the report of the hearing officer shall be
made available in the office of the Minister, in the office of
the clerk of each municipality, the whole or any part of which is
within the area, and in such other offices and locations as the
Minister determines for inspection by any person desiring to
do so.
Submission (g) After giving consideration to the comments received
Lieutenant and the report of the hearing officer, the Minister shall
Council submit the proposed plan with his recommendations thereon
to the Lieutenant Governor in Council.
When report
not approved
(9) If the recommendation of the Minister to the Lieutenant
Governor in Council is other than that the report of the hearing
officer be approved, then the Minister shall give pubhc notice
to this effect, state his intention, and a period of 21 days allowed
when representations in writing can be made by anyone
concerned to the Lieutenant Governor in Council.
128
(10) The Lieutenant Governor in Council may approve the ^jPP''^^*^ °^
plan, or may approve the plan with such modifications as Lieutenant
the Lieutenant Governor in Council considers desirable, and council
thereupon the plan is the development plan for the area
defined in it.
7. — (1) A copy of every development plan and of every ^f°^j^^^
amendment or modification thereto certified by the Minister
shall be lodged forthwith with the clerk of each municipality, all
or part of which is within the area covered by the plan.
(2) A copy of every development plan and of every amend- ^^^^
ment or modification thereto certified by the Minister shall
be lodged forthwith in every land registry office of lands within
the area covered by the plan, where it shall be made available
to the public as a production.
8. — (1) An amendment to any development plan that is in Amendment
effect may be initiated by the Minister, and application
may be made to the Minister by any person, ministry or
municipality requesting an amendment to the plan.
(2) Where the Minister initiates an amendment to a develop- Approval of
1 1- 1 oi iiii- amendment
ment plan or, subiect to subsection 3, where the Minister to plan by
'■ 1- i- ,• 1 , , 1 Lieutenant
receives an application requesting an amendment to a plan, Governor in
the provisions of this Act in respect of a development plan
relating to consultation, the submission of comments and the
holding of hearings apply, mutatis mutandis, to the con-
sideration of the proposed amendment, following which the
Minister shall submit the amendment with his recommendations
thereon to the Lieutenant Governor in Council and the
Lieutenant Governor in Council may refuse to approve the
amendment or may approve it or may approve the amendment
with such modifications as the Lieutenant Governor in Council
considers desirable, and in the event an amendment is approved,
the development plan as so amended is thereupon the
development plan for the area defined in it.
(3) Where, in the opinion of the Minister, an application e^c^^^"*^^'
for an amendment is not made in good faith, or is frivolous applications
or is made only for the purpose of delay, the Minister shall
inform the applicant in writing of his opinion and notify the
applicant that unless he makes written representations thereon
to the Minister within such time as the Minister specifies in the
notice, not being less than fifteen days from the time the
notice is given, the provisions of subsection 2 in respect of the
consideration of the amendment shall not apply, and approval
of the amendment shall be deemed to be refused.
(4) Where representations are made to the Minister under ^^^"^
subsection 3, the Minister, after giving consideration thereto,
128
shall inform the applicant in writing either that the Minister's
opinion is confirmed and that approval of the amendment
is deemed to be refused or that he has directed that con-
sideration of the amendment be proceeded with in accordance
with subsection 2.
By-laws, etc., 9, — (1) Notwithstanding any other general or special Act,
to plan where there is a development plan,
(a) no municipality or local board having jurisdiction
in the area covered by the plan, or in any part thereof,
and no ministry, shall undertake any improvement
of a structural nature or any other undertaking
within the area covered by the development plan;
and
(b) no municipality having jurisdiction in such area shall
pass a by-law for any purpose,
that is in conflict with the development plan.
Ministermay (2) The Minister, upon the application of the council of a
deem by-law, ^ '. . . ' f . ,. . ^^ .
etc., conforms municipality having jurisdiction in the area covered by a
development plan, or in any part thereof, may, in writing,
declare that a by-law, improvement or other undertaking of
such municipality shall be deemed not to conflict with the
development plan, if the Minister is of the opinion that the
by-law, improvement or other undertaking conforms with the
general intent and purpose of the development plan.
Conflict iQ^ Notwithstanding any other general or special Act,
where a development plan is in effect in any area and there
is a conflict between any provision of the development plan
and any provision of a local plan or any provision of a zoning
by-law covering part or all of the same area, then the provision
of the development plan prevails.
Ministermay 11. -(1) Where, in the opinion of the Minister, a local
require • i. i • • n- x -^.u ii,
submission of plan or a zoning by-law is in conflict with the provisions
resoivT ^ ° of any development plan that covers in whole or in part the
conflict same area, the Minister shall advise the council of the
municipality that adopted the local plan or that passed the
zoning by-law of the particulars wherein the local plan or
zoning by-law conflicts with the development plan and shall
invite the municipality to submit, within such time as the
Minister specifies, proposals for the resolution of the conflict.
local plan
Power of (2) Where the council of a municipality fails to submit
Minister to ^ ' ../.•;. -r- j
amend proposals to resolve the conflict within the time specified
by the Minister, or where after consultation with the Ministej
128
on such proposals, the conflict cannot be resolved and the
Minister so notifies in writing the council of the municipality,
the Minister may by order amend the local plan so as to make
it conform to the development plan, and the order when made
shall have the same effect as though it were an amendment to
the local plan made by the council of the municipality and
approved by the Minister.
12. Nothing in this Act derogates from the power of the ^'^^fg^^,"^
Minister to make an order under clause a of subsection 1 ^ l^o^fg^yo
of section 32 of The Planning Act and, notwithstanding sub-c.'349'
section 4 of the said section 32, where there is a development
plan in effect in the area to be covered by the order, any
such order may be made that does not conform to a local plan
in effect in the area, provided the order conforms to the
development plan.
13. Where a development plan is in effect in a municipality may^require
or any part thereof and the municipality does not have a local adoption
01 lOCdtl Dl£Ln
plan in effect or has not passed a zoning by-law or by-laws or passage of
covering the municipality or that part of the municipality ^""''^^ ^' *^
covered by the development plan, the council of the muni-
cipality, upon being notified in writing by the Minister of that
fact, shall, within such time as is specified in the notice, prepare
and adopt a local plan or pass a zoning by-law or by-laws
that conform to the development plan and submit to the
Minister the local plan for approval or submit to the Ontario
Municipal Board the zoning by-law or by-laws for approval,
as the case requires.
14. — (1) Not later than five years from the day on which pj^^^®^ °^
a development plan comes into effect, the Minister shall cause
a review of the plan to be undertaken, and the provisions of
this Act in respect of a development plan relating to con-
sultation, the submission of comments and the holding of
hearings apply, mutatis mutandis, to the review, following
which the Minister shall submit to the Lieutenant Governor in
Council a report on the review of the development plan with
his recommendations thereon.
(2) The Lieutenant Governor in Council may confirm the QQ®^g^jfjj°^"j^
development plan or may approve the plan with such ^^ ^P^" "J^^
modifications as the Lieutenant Governor in Council considers or approve
desirable, and thereupon the confirmed plan or the modified
plan as the case may be is the development plan for the area
defined in it .
(3) Subsections 1 and 2 apply mutatis mutandis to the Continuing
^ ' rf J review of
confirmed or modified development plan, and so on at intervals plan
of not greater than five years, to the end that every develop-
128
8
Power to
acquire land
R.S.0. 1970,
c. 154
Power of
designated
minister
Grants
Financial
assistance
ment plan shall be subject to continuing review and if
desirable, modification, at such periodic intervals.
15. — (1) For the purposes of developing any feature of
a development plan, the Minister may, for and in the name
of Her Majesty, acquire by purchase, lease or otherwise, or,
subject to The Expropriations Act, without the consent
of the owner, enter upon, take and expropriate and hold any
land or interest therein within the area covered by the
plan, and sell, lease or otherwise dispose of any such land
or interest therein.
(2) The Lieutenant Governor in Council may designate any
minister of the Crown in respect of any land acquired under
subsection 1, and thereupon the minister so designated may,
for the purpose of developing any feature of the development
plan,
{a) clear, grade or otherwise prepare the land for
development or may construct, repair or improve
buildings, works and facilities thereon ; or
[h) sell, lease or otherwise dispose of any of such land or
interest therein.
16. Where a municipality is invited to submit proposals
to the Minister under section 1 1 to resolve a conflict between
a local plan or zoning by-law and a development plan or is
required under section 13 to prepare and adopt a local plan
or pass a zoning by-law or by-laws, the Minister may, out of
the moneys appropriated therefor by the Legislature, make
grants to any such municipality towards the costs of pre-
paring such proposals, plans or by-laws or towards those
expenditures incurred in preparing local plans and zoning
by-laws which are rendered invalid by a development plan.
17. Where a development plan is in effect, the Minister
may, out of the moneys appropriated therefor by the
Legislature, provide financial assistance to any person, organi-
zation or corporation, including a municipal corporation,
undertaking any policy or program that implements the plan.
Application jg. This Act does not apply to the Niagara Escarpment
1973, c. 52 Planning Area established under The Niagara Escarpment
Planning and Development Act, 1973, except as otherwise
provided under that Act.
Commence-
ment
19. This Act shall be deemed to have come into force on
the 4th day of June, 1973.
Short title 20. This Act may be cited as The Ontario Planning and
Development Act, 1973.
128
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BILL 129 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to provide for Planning and Development of
the Niagara Escarpment and its Vicinity
The Hon. J. White
Treasurer of Ontario and Minister of Economics
and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
The Bill embodies many of the principles found in the Bill entitled
The Ontario Planning and Development Act, 1973, and relates specifically
to the development plan for the Niagara Escarpment and land in its vicinity.
Variations from the Bill mentioned include the following :
1. The Niagara Escarpment Commission is established, with provision
for representation on its membership from the localities to be
affected by the Niagara Escarpment development plan, and to it is
entrusted the preparation of that plan.
2. Any of the planning functions of the Commission may, at an
appropriate time, be transferred by the Minister to the regional
or county councils in the Niagara Escarpment Planning Area.
3. Provision is made for the designation of development control
areas, within which no development may take place without
a permit from the Minister; criteria for the issuance of such per-
mits will be established by regulation and the Minister's authority
with respect to the issuance of permits may be delegated in
appropriate circumstances to the Commission and to a county or
• regional municipality in the Niagara Escarpment Planning Area.
4. Payments will be made in lieu of taxes by the Province to
municipalities in respect of land owned by the Crown in the
Niagara Escarpment Planning Area, the amount being determined
on the same formula as set out in The Provincial Parks Municipal
Tax Assistance Act, 1971 .
5. Provision is made for agreements between a municipality and a
land owner that will provide a fixed assessment on land whose
assessment is increased by reason of its designation under the
Niagara Escarpment Plan; such an agreement will remain in force
while the use of the land is not in conformity with the designated use
and the Province will re-imburse the municipality for its loss in
tax revenue; these moneys will be recovered from the land owner
on the termination of the agreement.
129
BILL 129 1973
An Act to provide for
Planning and Development of the
Niagara Escarpment and its Vicinity
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-
(a) "Commission" means the Niagara Escarpment Com-
mission established under this Act ;
(b) "local plan" means an official plan approved by the
Minister or by the Ontario Municipal Board under
The Planning Act; ffi^'^^^'
(c) "Minister" means the Treasurer of Ontario and
Minister of Economics and Intergovernmental Affairs ;
(d) "ministry" means any ministry or secretariat of the
Government of Ontario and includes a board, com-
mission or agency of the Government;
{e) "Niagara Escarpment Plan" means a plan, policy and
program, or any part thereof, approved by the Lieu-
tenant Governor in Council, covering the Niagara
Escarpment Planning Area, or any part thereof
defined in the Plan, designed to promote the optimum
economic, social, environmental and physical con-
dition of the Area, and consisting of the texts and
maps describing the program and policy;
(/) "Niagara Escarpment Planning Area" means the
area of land in Ontario designated as such by the
Minister under this Act;
{g) "zoning by-law" means a by-law passed under sec-
tion 35 of The Planning Ad or any predecessor
thereof and approved by the Ontario Municipal
Board.
129
Purpose
of Act
2. The purpose of this Act is to provide for the maintenance
of the Niagara Escarpment and land in its vicinity substan-
tially as a continuous natural environment, and to ensure
only such development occurs as is compatible with that
natural environment.
3. The Minister may, by order, establish as the Niagara
Establish-
ment of
Niagara Escarpment Planning Area the area of land in Ontario defined
Escarpment • , ,
Planning m the order.
Area
Advisory
committees
4. The Minister may establish one or more advisory com-
mittees, consisting of such persons as the Minister appoints,
to advise and make recommendations to the Minister, through
the Commission, in respect of the preparation and implementa-
tion of the Niagara Escarpment Plan or any part thereof and
to perform any other function given to it by the Minister.
Escar'^ment ^* — ^^^ There is hereby established a commission, to be
Commission kuowu as the Niagara Escarpment Commission, composed of
seventeen members appointed by the Lieutenant Governor
in Council as follows:
1. Nine members shall be appointed as representative
of the public at large.
2. Of the eight remaining members, one shall be ap-
pointed from a list containing the names of not less
than three persons submitted by the county council
or regional council, as the case may be, of each
county and regional municipality whose jurisdiction
includes any part of the Niagara Escarpment Planning
Area.
Term of
office
(2) Each member of the Commission shall hold office for
such period of time as the Lieutenant Governor in Council
determines.
Eiigribiuty (3) No person is eligible to be included in a list of persons
submitted under paragraph 2 of subsection 1 unless he is a
member or employee of the council of a municipality whose
jurisdiction includes a part of the Niagara Escarpment
Planning Area.
When
Commission
deemed
established
(4) The Commission shall be deemed to be established when
a majority of the number of members has been appointed,
and it may then proceed to carry out the functions conferred
upon it under this Act, notwithstanding the remaining number
of members has not been appointed.
129
(5) The Lieutenant Governor in Council may designate one^^^^^"^^^
of the members appointed under paragraph 1 of subsection 1
to be chairman of the Commission.
(6) Nine members of the Commission constitute a quorum. Quorum
(7) Members of the Commission shall receive such salary ^j^™'^"®''*-
and other remuneration as the Lieutenant Governor in Council
from time to time determines.
(8) Such officers, clerks and servants as are considered staff
necessary from time to time for the purposes of the Commis-
sion may be appointed under The Public Service Act. f'^e'^^''^'
(9) Subiect to the approval of the Minister, the Commission Professional
^ ' J t^r ' assistance
may engage persons to provide professional, technical or
other assistance to the Commission.
(10) In the performance of its functions, the Commission |e^°^ding of
may be assisted by such persons in the public service of commission
Ontario as the Minister designates for the purpose.
6. All expenditures, costs, charges and expenses incurred ^o^^ey^
and payable in respect of the carrying out by the Commission
of its functions, including the salaries and expenses of the
members of the Commission and of the officers, clerks and
other employees thereof, shall be paid out of the moneys
appropriated therefor by the Legislature.
7. When the Niagara Escarpment Planning Area has been ^^^f^^^^j^j.
established, the Commission shall, in respect of the Planning ^'^.n
Area or any part thereof, investigate and survey the environ-
mental, physical, social and economic conditions in relation
to the development of the Planning Area or any part thereof,
and prepare a plan suitable for approval as the Niagara
Escarpment Plan.
8. During the course of the preparation of the Niagara ^°^^'^'^^^*°"
Escarpment Plan, the Commission shall consult with the preparation
. . ^ • • 1 1 • , of plan
minister, provincial secretary or other person having charge
of any affected ministry and with the council of each munici-
pality within or partly within the Niagara Escarpment
Planning Area, with respect to the proposed contents of the
Plan.
9. In preparing the Niagara Escarpment Plan, the objec- objectives
fives to be sought by the Commission in the Niagara Escarp-
ment Planning Area shall be,
(a) to protect unique ecologic and historic areas;
129
{b) to maintain and enhance the quahty and character
of natural streams and water supplies;
^ (c) to provide adequate opportunities for outdoor recrea-
tion;
{d) to maintain and enhance the open landscape character
of the Niagara Escarpment in so far as possible, by
such means as compatible farming or forestry and by
preserving the natural scenery;
{e) to ensure that all new development is compatible
with the purpose of this Act as expressed in section 2 ;
(/) to provide for adequate public access to the Niagara
Escarpment; and
(g) to support municipalities within the Niagara Escarp-
ment Planning Area in their exercise of the planning
RSO1970, functions conferred upon them by The Planning Ad.
p?an^°*^^°^ 10. The Niagara Escarpment Plan may contain,
{a) policies for the economic, social and physical develop-
ment of the Niagara Escarpment Planning Area in
respect of,
(i) the management of land and water resources,
(ii) the general distribution and density of popu-
lation, ,
(iii) the general location of industry and commerce,
the identification of major land use areas and
the provision of major parks and open space,
(iv) the control of all forms of pollution of the
natural environment,
(v) the general location and development of major
servicing, communication and transportation
systems,
(vi) the development and maintenance of educa-
tional, cultural, recreational, health and other
social facilities, and
(vii) such other matters as are, in the opinion of
the Minister, advisable ;
129
(b) policies relating to the financing and programming
of public development projects and capital works;
(c) policies to co-ordinate the planning and development
programs of the various ministries for the Niagara
Escarpment Planning Area;
(d) policies to co-ordinate planning and development
among municipalities within the Niagara Escarpment
Planning Area;
(e) policies designed to ensure compatability of develop-
ment by the private sector; and
(/) such other policies as are, in the opinion of the
Minister, advisable for the implementation of the
Plan,
and shall contain such programs and policies as each minister,
provincial secretary or other person having charge of a ministry
desires to be incorporated in the Plan, in so far as the Commis-
sion considers it practicable.
11. — (1) During the course of preparation of the Niagara P^^ep^ration
Escarpment Plan, the Commission shall,
(a) furnish each local municipality within or partly
within the Niagara Escarpment Planning Area
with a copy of the proposed Plan and invite each
such municipality to make comments thereon to the
council of the county or regional municipality within
which it is situate within such period of time,
not being less than three months from the time the
Plan is furnished to it, as is specified ;
(b) publish a notice in such newspapers having general
circulation in any area that is within the Niagara
Escarpment Planning Area as the Commission
considers appropriate, notifying the public of the
proposed Plan, indicating where a copy of the Plan
can be examined and inviting the submission of
comments thereon within such period of time, not
being less than three months from the time the
notice is first published, as is specified ;
(c) furnish copies of the proposed Plan to any regional
advisory committee appointed under section 4
and invite any such committee to make comments
thereon within such period of time, not being less
than three months from the time the Plan is
furnished to it as is specified ; and
129
{d) furnish a copy of the proposed Plan to each county
and regional municipality within or partly within
the Niagara Escarpment Planning Area and invite
them, after giving consideration to the comments
received from the local municipalities under clause a,
to make comments on the proposed Plan to the
Commission within such period of time, not being
less than four months from the time the Plan is
furnished to them, as is specified.
Hearing
officer
(2) After the expiration of the time for the making of
comments on the proposed Plan, the Commission shall
appoint one or more hearing officers for the purpose of con-
ducting one or more hearings, as the Minister may determine,
within the Niagara Escarpment Planning Area for the
purpose of receiving representations respecting the contents
of the Plan by any person desiring to make representations.
Notice of
hearing
(3) The hearing officer shall fix the time and place for
the hearing or hearings, as determined under subsection 2,
and shall publish notice thereof in such newspapers having
in his opinion general circulation in any area that is within
the Niagara Escarpment Planning Area, as the hearing officer
considers appropriate.
Time of
hearing
(4) The time fixed for any hearing under subsection 3
shall be not sooner than three weeks after the first publication
of the notice of the hearing.
Report of
hearing
officer
(5) After the conclusion of the hearing or of the last
hearing if more hearings than one are held, the hearing
officer shall report to the Commission a summary of the
representations made together with his opinion as to what,
if any, modifications ought to be made to the Plan, and
shall at the same time furnish the Minister with a copy of his
report.
Submission
of Plan to
Minister
(6) After giving consideration to the comments received
and the report of the hearing officer, the Commission shall
submit the proposed Plan, with its recommendations thereon
to the Minister.
Inspection
of proposed
plan and
report
(7) A copy of the proposed Plan and the recommendations
thereon as submitted to the Minister, together with a copy
of the report of the hearing officer, shall be made available
in the office of the Minister, in the office of the clerk of
each municipality, the whole or any part of which is within
the Niagara Escarpment Planning Area, and in such other
offices and locations as the Minister determines, for inspection
by any person desiring to do so.
129
(8) After having received the proposed Plan from the of^^j^^^^o"'^
Commission and after giving consideration to the recom- Lieutenant
mendations of the Commission and the report of the hearing council
officer, the Minister shall submit the proposed Plan with his
recommendations thereon to the Lieutenant Governor in
Council.
(9) The Lieutenant Governor in Council may approve the ^f p^^^*^ °^
Plan or may approve the Plan with such modifications a-S Q^j^^g^^^jJJj^'iQ
the Lieutenant Governor in Council considers desirable, and council
thereupon the Plan is the Niagara Escarpment Plan for the
Niagara Escarpment Planning Area.
12. — (1) A copy of the Niagara Escarpment Plan and oiy,^^«^^«°^
every amendment or modification thereto certified by the
Minister shall be lodged with the clerk of each municipality,
all or part of which is within the Niagara Escarpment
Planning Area.
(2) A copy of the Niagara Escarpment Plan and of every i^^^m
amendment or modification thereto certified by the Minister
shall be lodged in every land registry office of lands within
the Niagara Escarpment Planning Area, where it shall be
made available to the public as a production.
13. — (1) An amendment to the Niagara Escarpment Amendments
Plan may be initiated by the Minister or by the Commission,
and application may be made to the Commission by any
person, ministry or municipality requesting an amendment
to the Plan.
(2) Where the Minister or the Commission initiates an Approval of
1 1 XT- T- T^i , • amendment
amendment to the Niagara Escarpment Plan or, subiect to to Plan by
, . . o 1 . 1 /^ • • • 1- , • Lieutenant
subsection 6, where the Commission receives an application Governor in
requesting an amendment to the Plan, the provisions of this '^"'^"^^^
Act relating to consultation, the submission of comments
and the holding of hearings apply, mutatis mutandis, to the
consideration of the proposed amendment, following which
the Minister shall submit the amendment with his recom-
mendations thereon to the Lieutenant Governor in Council
and the Lieutenant Governor in Council may refuse to approve
the amendment or may approve it or may approve the
amendment with such modifications as the Lieutenant
Governor in Council considers desirable, and in the event an
amendment is approved, the Plan as so amended is thereupon
the Niagara Escarpment Plan for the Niagara Escarpment
Planning Area.
(3) Where in the opinion of the Commission an application ^^woious,
for an amendment is not made in good faith, or is frivolous applications
or is made only for the purpose of delay, the Commission shall
129
8
inform the Minister of its opinion and where the Minister
concurs in that opinion the Minister shall inform the
applicant in writing of his opinion and notify the applicant
that unless he makes written representations thereon to the
Minister within such time as is specified in the notice, the
provisions of subsection 2 in respect of the consideration of
the amendment shall not apply, and approval of the amend-
ment shall be deemed to be refused.
Idem
(4) Where representations are made to the Minister under
subsection 3, the Minister, after giving consideration thereto,
shall inform the applicant in writing either that the Minister's
opinion is confirmed and that approval of the amendment
is deemed to be refused or that he has directed that con-
sideration of the amendment be proceeded with in accordance
with subsection 2.
?(f conform*^ ' ^'** — (^) Notwithstanding any other general or special Act,
to Plan when the Niagara Escarpment Plan is in effect,
(a) no municipality or local board having jurisdiction
in the Niagara Escarpment Planning Area, or in any
part thereof, and no ministry, shall undertake any
improvement of a structural nature or any other
undertaking within the Area ; and
(b) no municipality having jurisdiction in such Area
shall pass a by-law for any purpose,
that is in conflict with the Niagara Escarpment Plan.
d^efmbjf-Sw^ (^) ^^^ Minister, upon the application of the council of a
etc conforms municipality having jurisdiction in the Niagara Escarpment
Planning Area, or in any part thereof, may, in writing,
declare that a by-law, improvement or other undertaking
of such municipality shall be deemed not to conflict with
the Niagara Escarpment Plan, if the Minister is of the
opinion that the by-law, improvement or undertaking conforms
with the general intent and purpose of the Plan.
Conflict
15. Notwithstanding any other general or special Act,
where the Niagara Escarpment Plan is in effect and there
is a conflict between any provision of the Plan and any
provision of a local plan or any provision of a zoning by-law
covering any part of the Niagara Escarpment Planning Area,
then the provision of the Niagara Escarpment Plan prevails.
Minister
may require
submission
of proposals
to resolve
conflict
16.— (1) Where in the opinion of the Minister a local
plan or a zoning by-law that covers any part of the Niagara
Escarpment Planning Area is in conflict with the provisions
129
of the Niagara Escarpment Plan, the Minister shall advise
the council of the municipality that adopted the local plan
or that passed the zoning by-law of the particulars wherein
the local plan or zoning by-law conflicts with the Niagara
Escarpment Plan and shall invite the municipality to sub-
mit, within such time as the Minister specifies, proposals
for the resolution of the conflict.
(2) Where the council of the municipality fails to submit ^9wer of
proposals to resolve the conflict within the time specified to amend
*^ '^ . .... local plan
by the Minister, or where after consultation with the Minister
on such proposals the conflict cannot be resolved, and the
Minister so notifies in writing the council of the municipality,
the Minister may by order amend the local plan so as to
make it conform to the Niagara Escarpment Plan, and the
order when made shall have the same effect as though it
were an amendment to the local plan made by the council
of the municipality and approved by the Minister.
17. Where the Niagara Escarpment Plan is in effect in a Minister
. . , . ^ , r 1 1 ■ • 1 ■ 1 '"^y require
municipality or any part thereof and the municipality does adoption of
not have a local plan in effect or has not passed a zoning or passage of
by-law or by-laws covering the municipality or that part of the ^^^^^^ ^' *^
municipality covered by the Plan, the council of the munici-
pality, upon being notified in writing by the Minister of
that fact, shall, within such time as is specified in the notice,
prepare and adopt a local plan or pass a zoning by-law or
by-laws that conform to the Niagara Escarpment Plan and sub-
mit to the Minister the local plan for approval or submit
to the Ontario Municipal Board the zoning by-law or
by-laws for approval, as the case requires.
18. — (1) Not later than five years from the day on which ^fv^ew of
the Niagara Escarpment Plan comes into effect, the Minister
shall cause a review of the Plan to be undertaken, and the
provisions of this Act relating to consultation, the submission
of comments and the holding of hearings apply, mutatis
mutandis to the review, following which the Minister shall
submit to the Lieutenant Governor in Council a report on
the review of the Plan with his recommendations thereon.
(2) The Lieutenant Governor in Council may confirm the Lieut^enant^
Plan or may approve the Plan with such modifications as the council
Lieutenant Governor in Council considers desirable, and Plan or
thereupon the confirmed Plan or the modified Plan is the modifications
Niagara Escarpment Plan for the Niagara Escarpment
Planning Area.
(3) Subsections 1 and 2 apply mutatis mutandis to the con^t'^uing
confirmed or modified Niagara Escarpment Plan, and so on Plan
at intervals of not greater thcUi five years, to the end that
129
10
the Plan shall be subject to continuing review and if desirable,
modification, at such periodic intervals.
Power to
acquire land
R.S.0. 1970,
c. 154
19. — (1) For the purposes of developing any feature of
the Niagara Escarpment Plan, the Minister may, for and in
the name of Her Majesty, acquire by purchase, lease or
otherwise, or, subject to The Expropriations Act, without the
consent of the owner, enter upon, take and expropriate and
hold any land or interest therein within the Niagara Escarp-
ment Planning Area and sell, lease or otherwise dispose of
any such land or interest therein.
desTgnated (^) '^^^ Lieutenant Governor in Council may designate
minister any minister of the Crown in respect of any land acquired
under subsection 1, and thereupon the minister so designated
may, for the purpose of developing any feature of the
Niagara Escarpment Plan,
[a] clear, grade or otherwise prepare the land for
development or may construct, repair or improve
buildings, works and facilities thereon ; or
{h) sell, lease or otherwise dispose of any of such land
or interest therein.
Grants 20. Where a municipality is invited to submit proposals
to the Minister under section 16 to resolve a conflict
between a local plan or zoning by-law and the Niagara
Escarpment Plan or is required under section 17 to prepare
and adopt a local plan or pass a zoning by-law or by-laws,
the Minister may, out of the moneys appropriated therefor
by the Legislature, make grants to any such municipality
towards the costs of preparing such proposals, plans or by-laws.
Financial
assistance
21. When the Niagara Escarpment Plan is in effect,
the Minister may, out of the moneys appropriated therefor
by the Legislature, provide financial assistance to any person,
organization or corporation, including a municipal corporation,
undertaking any policy or program that implements the Plan.
Transfer of
Commission
functions
22. — (1) Where, in the opinion of the Lieutenant Governor
in Council, the Niagara Escarpment Plan has been sub-
stantially completed for any part of the Niagara Escarpment
Planning Area, the Lieutenant Governor in Council may, by
order, and subject to such terms and conditions as he con-
siders appropriate, transfer any of the functions of the Com-
mission to the council of a regional municipality or the council
of a county.
129
11
(2) No order shall be made under subsection 1 except limitation
upon application made to the Lieutenant Governor in Council
by the council of the regional municipality or county, and
every such application shall include a statement of the
administrative procedures intended to be followed in the
exercise of such functions.
23. The Minister may make regulations, Regulations
(a) designating any area or areas of land within the
Niagara Escarpment Planning Area as an area of
development control ;
{b) providing that where an area of development con-
trol is designated, such zoning by-laws and such
orders of the Minister made under section 32 of
The Planning Act, or any part thereof, as are ^I^O- i^'^o,
designated in the regulation, cease to have effect
in the area or in any defined part thereof ;
(c) providing for the issuance of development permits
and prescribing terms and conditions of permits;
(d) providing for the exemption of any class or classes
of development within any development area from the
requirement of obtaining a development permit;
{e) prescribing the form of application for a develop-
ment permit.
24. — (1) Notwithstanding any other general or special Act,^®j^j^\^P"^®°*
where an area of development control is established by
regulation made under section 23, no person shall undertake
any development in the area unless such development is
exempt under the regulations or he is the holder of a develop-
ment permit issued by the Minister, or where the Minister
has under section 25 delegated his authority to the Commission
or to a county or to a regional municipality, issued by the
Commission or by the county or regional municipality, as the
case may be.
(2) The Minister may, where he issues a development ^^^™^^^^d
permit under subsection 1, attach such terms and conditions
thereto as he considers desirable.
(3) No building permit or other permit relating to develop- ^g^j^^^^g
ment shall be issued in respect of any land, building or
structure within an area of development control, unless a
development permit has been issued under this Act relating
to such land, building or structure, and no such building
129
Offence
12
or other permit shall be issued that does not conform to the
development permit.
(4) Every person who contravenes subsection 1 is guilty
of an offence and on summary conviction is liable to a fine
of not more than $10,000.
demolish etc (^) Where any person undertakes any development that is
in contravention of subsection 1, the Minister may order such
person to demolish any building or structure erected in
connection with the development or to restore the site to
the condition it was in prior to the undertaking of the
development, or both, within such time as the order specifies.
Cost of
work
(6) Where a person to whom an order is directed under
subsection 5 fails to comply with the order within the time
specified in it, the Minister may cause the necessary work to
be done and charge such person with the cost thereof, which
cost may be recovered with costs, as a debt due to Her
Majesty, in any court of competent jurisdiction.
comndss^on" ^^' — ^^^ Subject to subsection 2, the Minister may in
writing, and subject to such conditions as he considers
appropriate, delegate to the Commission, or to a county or
regional municipality having jurisdiction in the Niagara
Escarpment Planning Area, or any part thereof, authority
to issue development permits.
Limitation
(2) No delegation shall be made under subsection 1 to a
county or a regional municipality except upon application
made to the Minister by the council of the county or regional
municipality, and every such application shall include a state-
ment of the organizational structure to be established and
the administrative procedures intended to be followed.
Withdrawal (3) jj^g Minister may in writing withdraw any delegation
delegation made under subsection 1 where, in his opinion, it is in the
public interest to do so.
Application (4) Where the Minister has delegated his authority under
subsection 1 to the Commission or to a county or regional
municipality, the provisions of subsections 1 to 7 of section 26
in respect of the issuance of a development permit apply
mutatis mutandis, and any reference in those subsections to
the Minister shall be deemed to be a reference to the Com-
mission or to the county or regional municipality, as the
case may require, to whom the authority has been delegated.
Notiflcation (5) Jhe Commission, or a county or regional municipality
to whom the Minister has delegated his authority under
129
13
subsection 1, shall by regular or registered mail cause a copy
of the decision made by it on any application for a develop-
ment permit to be mailed to the Minister, to the applicant
for the permit and to all assessed owners of land lying within
1,000 feet of the land that is the subject of the application
and every copy of such decision shall include a notice specify-
ing that any person receiving a copy of the decision, other
than the Minister, may, within fourteen days of the mailing
of it, appeal in writing to the Minister against the decision.
(6) Where the Minister receives a copy of a decision under Hearing
subsection 5 he may, within fourteen days of the mailing
of it, request the Lieutenant Governor in Council to appoint
an officer for the purpose of conducting a hearing at which
representations may be made respecting the decision.
(7) Where the Lieutenant Governor in Council appoints a^PP"°**^°°
hearing officer at the request of the Minister under sub-
section 6, the provisions of subsections 9, 10 and 11 apply
mutatis mutandis and any reference in those subsections to the
Minister shall be deemed to be a reference to the Lieutenant
Governor in Council.
(8) Where the Minister receives one or more notices ofH^*^°^
appeal under subsection 5 he shall appoint an officer for the appointment
purpose of conducting a hearing at which representations may
be made respecting the decision.
(9) The officer appointed to inquire under subsection 8 2^^^°^
shall fix a time and place for a hearing and shall send by
regular or registered mail written notice thereof to each
person to whom notice of the decision was sent under sub-
section 5.
(10) After the conclusion of the hearing, the officer appointed ^^p^'"*
shall report to the Minister a summary of the representations
made, together with his opinion on the merits of the decision.
(11) After giving consideration to the report of the officer Pp^f/erot
1 ,'. . ,- 1 , • • 1 Minister
the Minister may confirm the decision or he may vary the to conflrni,
decision or make any other decision that in his opinion ought
to have been made and the decision of the Minister under
this section is final.
26. — (1) Where the Minister has not delegated his authority Notice^of^^
under section 25 and he receives an application for a devel-
opment permit the Minister shall, by personal service or by
regular or registered mail, cause a written notice of the
application, together with a brief statement of the nature
of the application, to be delivered or mailed to all assessed
129
v^
14
owners of land lying within 1,000 feet of the land that is the
subject of the application and every such notice shall specify
the time within which any person receiving it may file with
the Minister written notice of his objection to the issuance
of a development permit.
Minister
may issue,
etc., permit
(2) Subject to subsection 7, unless within the time specified
in the notice referred to in subsection 1 a notice objecting to
the issuance of a development permit is filed with the Minister,
he may issue the development permit or he may refuse to issue
the permit or he may issue the permit subject to such terms and
conditions as he considers advisable.
Hearing (3) Where a notice of objection to the issuance of a devel-
appoiiitment ooment permit is filed with the Minister within the time
bv MliilstjGr
specified in the notice referred to in subsection 1, the Minister
shall appoint an officer for the purpose of conducting a hearing
at which representations may be made respecting the issuance
of the development permit.
Time of
hearing
(4) The officer appointed to inquire under subsection 3
shall fix a time and place for a hearing and shall send by
regular or registered mail written notice thereof to the
applicant for the development permit and to each person to
whom notice of the application was sent under subsection 1 .
Report (5) After the conclusion of the hearing, the officer appointed
shall report to the Minister a summary of the representations
made together with his opinion on the merits of the appli-^
cation for the development permit.
Minister
may issue,
etc., permit
(6) After giving consideration to the report of the officer
appointed to inquire into the matter, the Minister may issue
the development permit or he may refuse to issue the permit
or he may issue the permit subject to such terms and conditions
as he considers advisable.
Hearing (7) xhe Minister where he considers it desirable may, and
appointment at the request of the applicant for the development permit
made at the time of submitting his application to the Minister
shall, appoint an officer for the purpose of conducting a hearing
into the matter, and where the Minister does so the provisions
of subsections 4, 5 and 6 apply mutatis mutandis.
Decision (g) The decision of the Minister made under this section
final • A ,
is final.
getermina- 27. — (1) Every local municipality whose jurisdiction in-
numberof cludes any part of the Niagara Escarpment Planning Area
ownld°by^° shall annually, on or before the 1st day of February, determine
Crown ^ J J
129
15
and advise the Minister of the number of acres to the nearest
whole acre of all land in such municipality situate within
the Planning Area and owned on the next preceding 1st day of
January by Her Majesty in right of Ontario.
(2) The Minister may revise the number of acres so deter- ^j®^®^^^°*"
mined by a local municipality and where he does so the deter- Minister
mination of the number of acres by the Minister is, for the
purposes of this section, final.
(3) Commencing with the year 1973, the Minister may, out Pay"i®°t^s
of the moneys appropriated therefor by the Legislature, pay
in each year to such municipality,
{a) |5 per acre for each of the first 100 acres of such
land and $2 per acre for each acre in excess of 100
acres up to a maximum of 10,000 acres; or
(b) $100,
whichever is the greater.
(4) Notwithstanding subsection 3, when an amount of money Deduction of
\ ' 1 1 1 • • moneys paid
IS payable to any such local municipality in the same year under
in respect of any part of such land under The Provincial Parks a.nd'
R. S O 1Q70
Municipal Tax Assistance Act, 1971 or under The Municipal c.'292'
Tax Assistance Act, no payment shall be made under this section
in respect of that land.
(5) The annual determination required under subsection 1 ^on®f^\^73
shall be made for the purposes of payments in 1973 as soon
as is practicable after the coming into force of this Act.
28. The assessment of a local municipality that receives ^Ilmed^^°*
a payment under section 27 that is used for apportioning, increased
{a) a county rate under section 72 of The Assessment^f^^-^^'^'^'
A ct ; or
{h) a regional levy under any Act establishing a regional
municipality,
shall be deemed to be increased by an amount that would have
produced the amount of payment received by the taxation of
real property at the rate applicable to residential and farm
property in the preceding year for all purposes other than
school purposes.
29. — (1) Where the use of any land within the Niagara Agreement
T- T-«i • » • ■ f • ■ 1 ^ for fixed
iLscarpment Planning Area is not in conformity with the use assessment
designated for such land in the Niagara Escarpment Plan or
129
16
in any local plan covering such land, and the assessment of
such land is increased because of such designation, the local
municipality in which the land is situate and the owner of the
land may, with the approval of the Minister, enter into an
agreement providing for a fixed assessment for the land
reflecting the use to which the land is being put, to apply
to taxation for general, school and special purposes, but not to
apply to taxation for local improvements.
a|r&ement (^) Every such agreement shall be for such term of years
not exceeding three as the Minister approves and the Minister
may, in granting his approval, attach such terms and conditions
thereto as he considers appropriate.
Procedure
assessment
(3) Where a parcel of land has a fixed assessment under
subsection 1,
(a) the land shall be assessed in each year as if it did not
have a fixed assessment ;
{b) the treasurer of the local municipality shall calculate
each year what the taxes would have been on the
land if it did not have a fixed assessment ;
record
the treasurer shall keep a record of the difference
between the taxes paid each year and the taxes that
would have been paid if the land did not have a
fixed assessment and shall debit the land with this
amount each year during the term of the agreement
and shall add to such debit on the 1st day of
January in each year such interest as may be agreed
upon on the aggregate amount of the debit on such
date.
Payment to
municipality
(4) The Minister may, out of the moneys appropriated
therefor by the Legislature, pay in each year to a local
municipality in respect of which an agreement made under
subsection 1 is in force, an amount of money equal to the
difference in the taxes paid pursuant to the agreement and
the taxes that would have been paid if the land covered by
the agreement did not have a fixed assessment.
Apportion- (5) Where a local municipality receives an amount of money
under subsection 4, the council of the local municipality
shall apportion the amount to each body in the same manner
as taxes would have been apportioned if taxes had been levied
in the normal manner on the assessment in accordance with
clause a of subsection 3.
r^eement (^) Where the land or a part thereof that is subject to an
terminated agreement under subsection 1 ceases to be put to the use that
129
17
was the basis for determining the fixed assessment , the agreement
is thereupon terminated with respect to the land or such part
thereof.
(7) Any agreement entered into under subsection 1 may be o/^reement
registered against the land affected by the agreement and
when registered such agreement runs with the land and the
provisions thereof are binding upon and enure to the benefit
of the owner of the land and, subject to the provisions of
The Registry Act, any and all subsequent owners of the land. ^•|j°-^^''°'
(8) Where an agreement is for any reason terminated in Termm^i^on
respect of the whole of the land, the owner shall pay to the as to an
local municipality the amount debited against the land, in-
cluding the amounts of interest debited in accordance with
clause c of subsection 3.
(9) Where an agreement is for any reason terminated in ^f i*° §g^'
respect of a part of the land, the owner shall pay to the
local municipality that portion of the amount debited against
the land, including the amounts of interest debited in
accordance with clause c of subsection 3, that is attributable
to the portion of the land in respect of which the agreement
is terminated.
(10) Where a local municipality receives a payment under Payment to
subsection 8 or 9, the treasurer of the municipality shall
forthwith pay the amount of money received, including the
amount of debited interest, to the Minister.
(11) An agreement may be terminated on the 31st day of Termination
of 3i&rF66m6IlL
December in any year upon the owner of the land that is the by owner
subject of the agreement giving six months notice of such
termination in writing to the municipality.
(12) For the purposes of an apportionment required under ^PP°''*^i°°-
any Act, the assessment used as the basis for such apportion-
ment shall include the assessment determined under clause
\a of subsection 3.
30. This Act shall be deemed to have come into force on ^° q™®°°®'
the 4th day of June, 1973.
31. This Act may be cited as The Niagara Escarpment ^^°^^^^^^
Planning and Development Act, 1973.
129
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BILL 129 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
A
An Act to provide for Planning and Development of
the Niagara Escarpment and its Vicinity
1^
The Hon. J. White
Treasurer of Ontario and Minister of Economics
and Intergovernmental Affairs
{Reprinted by the Resources Development Committee)
T O R (3 N T O
Printed and Published by the Queen's Printer and Publisher
>
Explanatory Note
The Bill embodies many of the principles found in the Bill entitled
The Ontario Planning and Development Act, 1973, and relates specifically
to the development plan for the Niagara Escarpment and land in its vicinity.
Variations from the Bill mentioned include the following :
1. The Niagara Escarpment Commission is established, with provision
for repn^sentation on its membership from the localities to be
affected by the Niagara Escarpment development plan, and to it is
entrusted the preparation of that plan.
2. Any of the planning functions of the Commission may, at an
appropriate time, be transferred by the Minister to the regional
or county councils in the Niagara Escarpment Planning Area.
3. Provision is made for the designation of development control
areas, within which no develof>ment may take place without
a permit from the Minister ; criteria for the issuance of such per-
mits will be established by regulation and the Minister's authority
with respect to the issuance of permits may be delegated in
appropriate circumstances to the Commission and to a county or
regional municipality in the Niagara Escarpment Planning Area.
4. Payments will be made in lieu of taxes by the Province to
municipalities in respect of land owned by the Oown in the
Niagara Escarpment Planning Area, the amount being determined
on the same formula as set out in The Provincial Parks Municipal
Tax Assistance Act, 197 1 .
5. Provision is made for agreements between a municipality and a
land owner that will provide a fixed assessment on land whose
assessment is increased by reason of its designation under the
Niagara Escarpment Plan ; such an agreement will remain in force
while the use of the land is not in conformity with the designated use
and the Province will re-imburse the municipality for its loss in
tax revenue; these moneys will be recovered from the land owner
on the termination of the agreement.
129
BILL 129 1973
An Act to provide for
Planning and Development of the
Niagara Escarpment and its Vicinity
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 Niagara Escarpment Com-
mission established under this Act ;
(b) "local plan" means an official plan approved by the
Minister or by the Ontario Municipal Board under
The Planning Ad; c.'m-^^''^'
(c) "Minister" means the Treasurer of Ontario and
Minister of Economics and Intergovernmental Affairs ;
{d) "ministry" means any ministry or secretariat of the
Government of Ontario and includes a board, com-
mission or agency of the Government;
(e) "Niagara Escarpment Plan" means a plan, policy and
program, or any part thereof, approved by the Lieu-
tenant Governor in Council, covering the Niagara
Escarpment Planning Area, or any part thereof
defined in the Plan, designed to promote the optimum
economic, social, environmental and physical con-
dition of the Area, and consisting of the texts and
maps describing the program and policy;
(/) "Niagara Escarpment Planning Area" means the
area of land in Ontario designated as such by the
Minister under this Act;
(g) "zoning by-law" means a by-law passed under sec-
tion 35 of The Planning Ad or any predecessor
thereof and approved by the Ontario Municipal
Board.
129
Purpose
of Act
2. The purpose of this Act is to provide for the maintenance
of the Niagara Escarpment and land in its vicinity substan-
tially as a continuous natural environment, and to ensure
only such development occurs as is compatible with that
natural environment.
Establish-
ment of
Niagara
Escarpment
Planning
Area
Direction by
Minister to
prepare
Niagara
Escarpment
Plan
3. — (1) The Minister may, by order, establish as the Niagara
Escarpment Planning Area the area of land in Ontario defined
in the order.
(2) Where the Niagara Escarpment Planning Area has been
established under subsection 1, the Minister shall include
in the order a direction to the Commission that it carry out an
investigation and survey of the environmental, physical,
social and economic conditions in relation to the develop-
ment of the Planning Area or any part thereof, and that
there be prepared within a period of two years or such other
period of time as the Minister in his order determines, a
plan suitable for approval as the Niagara Escarpment Plan.
Order to be
laid before
Assembly
Advisory
committees
(3) Where any order is made under subsection 1, the
Minister shall, on the day the order is made, or as soon
thereafter as is practicable, lay the order before the Assembly
if it is in session, or if not, at the commencement of the
next ensuing session and the Assembly shall, by resolution,
declare the order approved, revoked or varied.
4. The Minister shall establish two or more advisory
committees, consisting of such persons as the Minister appoints,
one of which will represent the municipalities in the
Niagara Escarpment Planning Area in whole or in part and one
of which will be broadly representative of the people of the
Planning Area, to advise and make recommendations to the
Minister, through the Commission, in respect of the pre-
paration and implementation of the Niagara Escarpment
Plan and to perform any other function given to them by
the Minister. "^1
Escarpment ^' — (^) There is hereby established a commission, to be
Commission known as the Niagara Escarpment Commission, composed of
seventeen members appointed by the Lieutenant Governor
in Council as follows:
1. Nine members shall be appointed as representative
of the public at large.
2. Of the eight remaining members, one shall be ap-
pointed from a list containing the names of not less
than three persons submitted by the county council
or regional council, as the case may be, of each
129
county and regional municipality whose jurisdiction
includes any part of the Niagara Escarpment Planning
Area.
(2) Each member of the Commission shall hold office for ^|f,^°f
such period of time as the Lieutenant Governor in Council
determines.
(3) No person is eligible to be included in a list of persons ^^i^i^^iiity
submitted under paragraph 2 of subsection 1 unless he is a
member or employee of the council of a municipality whose
jurisdiction includes a part of the Niagara Escarpment
Planning Area.
(4) The Commission shall be deemed to be established when c^(]^mmission
a majority of the number of members has been appointed, ^eemed^^^
and it may then proceed to carry out the functions conferred
upon it under this Act, notwithstanding the remaining number
of members has not been appointed.
(5) The Lieutenant Governor in Council may designate one *^^*^''™*°
of the members appointed under paragraph 1 of subsection 1
to be chairman of the Commission.
(6) Nine members of the Commission constitute a quorum. ^"°'"'^'"
(7) Members of the Commission shall receive such salaryfjo™"^^'"^"
and other remuneration as the Lieutenant Governor in Council
from time to time determines.
(8) Such officers, clerks and servants as are considered ^*'*^
necessary from time to time for the purposes of the Commis-
sion may be appointed under The Public Service Act. ^fse*'^^™'
(9) Subject to the approval of the Minister, the Commission ^^"^^^^^^^^^^
may engage persons to provide professional, technical or
other assistance to the Commission.
(10) In the performance of its functions, the Commission ftTffto*"^ °^
may be assisted by such persons in the public service of '^°™'"*^^^°"
Ontario as the Minister designates for the purpose.
6. All expenditures, costs, charges and expenses incurred ^^^^^^^
and payable in respect of the carrying out by the Commission
of its functions, including the salaries and expenses of the
members of the Commission and of the officers, clerks and
other employees thereof, shall be paid out of the moneys
appropriated therefor by the Legislature.
129
Consultation j ^ During the course of the preparation of the Niagara
preparation Escarpment Plan, the Commission shall consult with the
minister, provincial secretary or other person having charge
of any affected ministry and with the council of each munici-
pality within or partly within the Niagara Escarpment
Planning Area, with respect to the proposed contents of the
Plan.
Objectives g^ jj^ preparing the Niagara Escarpment Plan, the objec-
tives to be sought by the Commission in the Niagara Escarp-
ment Planning Area shall be,
{a) to protect unique ecologic and historic areas;
{b) to maintain and enhance the quality and character
of natural streams and water supplies;
(c) to provide adequate opportunities for outdoor recrea-
tion;
(d) to maintain and enhance the open landscape character
of the Niagara Escarpment in so far as possible, by
such means as compatible farming or forestry and by
preserving the natural scenery;
{e) to ensure that all new development is compatible
with the purpose of this Act as expressed in section 2 ;
(/) to provide for adequate public access to the Niagara
Escarpment; and
(g) to support municipalities within the Niagara Escarp-
ment Planning Area in their exercise of the planning
R|o. 1970, functions conferred upon them by The Planning Act.
Contents of 9^ fhe Niagara Escarpment Plan may contain,
(a) policies for the economic, social and physical develop-
ment of the Niagara Escarpment Planning Area in
respect of,
(i) the management of land and water resources,
(ii) the general distribution and density of popu-
lation,
(iii) the general location of industry and commerce,
the identification of major land use areas and
the provision of major parks and open space
and the policies in regard to the acquisition
of lands,
129
(iv) the control of all forms of pollution of the
natural environment,
(v) the general location and development of major
servicing, communication and transportation
systems,
(vi) the development and maintenance of educa-
tional, cultural, recreational, health and other
social facilities, and
(vii) such other matters as are, in the opinion of
the Minister, advisable ;
(b) policies relating to the financing and programming
of public development projects and capital works;
(c) policies to co-ordinate the planning and development
programs of the various ministries for the Niagara
Escarpment Planning Area;
(d) policies to co-ordinate planning and development
among municipalities within the Niagara Escarpment
Planning Area;
{e) policies designed to ensure compatibility of develop-
ment by the private sector; and
(/) such other policies as are, in the opinion of the
Minister, advisable for the implementation of the
Plan,
and shall contain such programs and policies as each minister,
provincial secretary or other person having charge of a ministry
desires to be incorporated in the Plan, in so far as the Commis-
sion considers it practicable.
10. — (1) During the course of preparation of the Niagara ^j'"!^*^*"""
Escarpment Plan, the Commission shall,
(«) furnish each local municipality within or partly
within the Niagara Escarpment Planning Area
with a copy of the proposed Plan and invite each
such municipality to make comments thereon to the
council of the county or regional municipality within
which it is situate within such period of time,
not being less than three months from the time the
Plan is furnished to it, as is specified;
(6) publish a notice in such newspapers having general
circulation in any area that is within the Niagara
129
Escarpment Planning Area as the Commission
considers appropriate, notifying the pubHc of the
proposed Plan, indicating where a copy of the Plan
together with the material used in the preparation
thereof mentioned in subsection 5, can be examined
and inviting the submission of comments thereon
within such period of time, not being less than
three months from the time the notice is first
published, as is specified ;
Hearing
officer
Notice of
hearing
furnish copies of the proposed Plan to any advisory
committee appointed under section 4 and invite
any such committee to make comments thereon
within such period of time, not being less than
three months from the time the Plan is furnished to
it as is specified ; and
{d) furnish a copy of the proposed Plan to each county
and regional municipality within or partly within
the Niagara Escarpment Planning Area and invite
them, after giving consideration to the comments
received from the local municipalities under clause a,
to make comments on the proposed Plan to the
Commission within such period of time, not being
less than four months from the time the Plan is
furnished to them, as is specified.
(2) After the expiration of the time for the making of
comments on the proposed Plan, the Commission shall
appoint one or more hearing officers for the purpose of con-
ducting one or more hearings, as the Minister may determine,
within the Niagara Escarpment Planning Area for the
purpose of receiving representations respecting the contents
of the Plan by any person desiring to make representations.
(3) The hearing officer shall fix the time and place for
the hearing or hearings, as determined under subsection 2,
and shall publish notice thereof in such newspapers having
in his opinion general circulation in any area that is within
the Niagara Escarpment Planning Area, as the hearing officer
considers appropriate.
Time of
hearing
Procedure
at hearing
(4) The time fixed for any hearing under subsection 3
shall be not sooner than three weeks after the first publication
of the notice of the hearing.
(5) At any such hearing the Commission shall present the
proposed plan and the justification therefor and shall make
available for public inspection research material, reports,
plans and the like that were used in the preparation of such
129
plan and, subject to the rules of procedure adopted by the
hearing officer for the conduct of the hearing, the persons
presenting the plan may be questioned on any aspect of the
plan by any interested person. "^Pl
(6) Not less than three months after the conclusion of the Report of
^ ' z : -^ — hearing
heanng or of the last hearmg if more hearmgs than one are officer
held or within such extended time as the Commission prescribes,
the hearing officer shall report to the Commission a summary
of the representations made together with a report stating
whether the Plan should be accepted, rejected or modified,
giving his reasons therefor, and shall at the same time furnish
the Minister with a copy of his report.
(7) After giving consideration to the comments received ^j^^{2jj^^j,°°
and the report of the hearing officer, the Commission shall Minister
submit the proposed Plan, with its recommendations thereon
to the Minister.
(8) A copy of the proposed Plan and the recommendations ^^^P®^*jj°°jj
thereon as submitted to the Minister, together with a copy p^^^ and
. " ^•' report
of the report of the hearing officer, shall be made available
in the office of the Minister, in the office of the clerk of
each municipality, the whole or any part of which is within
the Niagara Escarpment Planning Area, and in such other
offices and locations as the Minister determines, for inspection
by any person desiring to do so.
(9) After having received the proposed Plan from the of"pi™n^to°°
Commission and after giving consideration to the recom- Lieutenant
1 • r 1 /" ". . " r ^ , Governor in
mendations of the Commission and the report of the hearing council
officer, the Minister shall submit the proposed Plan with his
recommendations thereon to the Lieutenant Governor in
Council.
(10) If the recommendation of the Minister to the Lieutenant when
^ ' report not
Governor in Council is other than that the report of the hearing approved
officer be approved, then the Minister shall give public notice
to this effect state, his intentions and a period of twenty-one
days allowed when representations in writing can be made by
anyone concerned to the Lieutenant Governor in Council "^PJ
(11) The Lieutenant Governor in Council may approve the pf^^ ^y*^ °^
Plan or may approve the Plan with such modifications as ^o^^Jififo^^n
the Lieutenant Governor in Council considers desirable, and council
thereupon the Plan is the Niagara Escarpment Plan for the
Niagara Escarpment Planning Area.
11. — (1) A copy of the Niagara Escarpment Plan and of p°f^^"^°^
every amendment or modification thereto certified by the
129
8
Minister shall be lodged forthwith with the clerk of each
municipality, all or part of which is within the Niagara
Escarpment Planning Area.
Idem
(2) A copy of the Niagara Escarpment Plan and of every
amendment or modification thereto certified by the Minister
shall be lodged forthwith in every land registry office of lands
within the Niagara Escarpment Planning Area, where it shall
be made available to the public as a production.
Amendments 12. — (1) An amendment to the Niagara Escarpment
Plan may be initiated by the Minister or by the Commission,
and application may be made to the Commission by any
person, ministry or municipality requesting an amendment
to the Plan.
Approval of
amendment
to Plan by
Lieutenant
Governor in
Council
(2) Where the Minister or the Commission initiates an
amendment to the Niagara Escarpment Plan or, subject to
subsection 3, where the Commission receives an application
requesting an amendment to the Plan, the provisions of this
Act relating to consultation, the submission of comments
and the holding of hearings apply, mutatis mutandis, to the
consideration of the proposed amendment, following which
the Minister shall submit the amendment with his recom-
mendations thereon to the Lieutenant Governor in Council
and the Lieutenant Governor in Council may refuse to approve
the amendment or may approve it or may approve the
amendment with such modifications as the Lieutenant
Governor in Council considers desirable, and in the event an
amendment is approved, the Plan as so amended is thereupon
the Niagara Escarpment Plan for the Niagara Escarpment
Planning Area.
Frivolous,
etc.,
applications
(3) Where in the opinion of the Commission an application
for an amendment is not made in good faith, or is frivolous
or is made only for the purpose of delay, the Commission shall
inform the Minister of its opinion and where the Minister
concurs in that opinion the Minister shall inform the
applicant in writing of his opinion and notify the applicant
that unless he makes written representations thereon to the
Minister within such time as the Minister specifies in the
notice not being less than fifteen days from the time the notice
is given, the provisions of subsection 2 in respect of the con-
sideration of the amendment shall not apply, and approval
of the amendment shall be deemed to be refused.
Idem
(4) Where representations are made to the Minister under
subsection 3, the Minister, after giving consideration thereto,
shall inform the applicant in writing either that the Minister's
opinion is confirmed and that approval of the amendment
129
is deemed to be refused or that he has directed that con-
sideration of the amendment be proceeded with in accordance
with subsection 2.
13. — (1) Notwithstanding any other general or special Act, f^fclfT'^*^"
when the Niagara Escarpment Plan is in effect, to Plan
{a) no municipality or local board having jurisdiction
in the Niagara Escarpment Planning Area, or in any
part thereof, and no ministry, shall undertake any
improvement of a structural nature or any other
undertaking within the Area ; and
(b) no municipality having jurisdiction in such Area
shall pass a by-law for any purpose,
that is in conflict with the Niagara Escarpment Plan.
(2) The Minister, upon the application of the council of a ^g*g"j^^^^''{^^y
municipality having jurisdiction in the Niagara Escarpment etc. conforms
Planning Area, or in any part thereof, may, in writing,
declare that a by-law, improvement or other undertaking
of such municipality shall be deemed not to conflict with
the Niagara Escarpment Plan, if the Minister is of the
opinion that the by-law, improvement or undertaking conforms
with the general intent and purpose of the Plan.
14. Notwithstanding any other general or special Act, Conflict
where the Niagara Escarpment Plan is in effect and there
is a conflict between any provision of the Plan and any
provision of a local plan or any provision of a zoning by-law
covering any part of the Niagara Escarpment Planning Area,
then the provision of the Niagara Escarpment Plan prevails.
15. — (1) Where in the opinion of the Minister a local J^io^ster
. , , , ^ c 1 T.T may require
plan or a zonmg by-law that covers any part of the Niagara submission
Escarpment Planning Area is in conflict with the provisions toresofve' ^
of the Niagara Escarpment Plan, the Minister shall advise
the council of the municipality that adopted the local plan
or that passed the zoning by-law of the particulars wherein
the local plan or zoning by-law conflicts with the Niagara
Escarpment Plan and shall invite the municipality to sub-
mit, within such time as the Minister specifies, proposals
for the resolution of the conflict.
(2) Where the council of the municipality fails to submit ^"nfster
proposals to resolve the conflict within the time specifiedfo^^^^j^^
by the Minister, or where after consultation with the Minister
on such proposals the conflict cannot be resolved, and the
Minister so notifies in writing the council of the municipality,
129
10
the Minister may by order amend the local plan so as to
make it conform to the Niagara Escarpment Plan, and the
order when made shall have the same effect as though it
were an amendment to the local plan made by the council
of the municipality and approved by the Minister.
Minister iQ Where the Niagara Escarpment Plan is in effect in a
may require .... ° , r i , • ■ ,• ■,
adoption of municipalitv or any part thereof and the municipality does
local plan r j j r ^ r j
or passage of not have a local plan in effect or has not passed a zoning
zoning y- aw |^y_jg^^ qj. by-laws covering the municipality or that part of the
municipality covered by the Plan, the council of the munici-
pality, upon being notified in writing by the Minister of
that fact, shall, within such time as is specified in the notice,
prepare and adopt a local plan or pass a zoning by-law or
by-laws that conform to the Niagara Escarpment Plan and sub-
mit to the Minister the local plan for approval or submit
to the Ontario Municipal Board the zoning by-law or
by-laws for approval, as the case requires.
Review of
Plan
17. — (1) Not later than five years from the day on which
the Niagara Escarpment Plan comes into effect, the Minister
shall cause a review of the Plan to be undertaken, and the
provisions of this Act relating to consultation, the submission
of comments and the holding of hearings apply, mutatis
mutandis to the review, following which the Minister shall
submit to the Lieutenant Governor in Council a report on
the review of the Plan with his recommendations thereon.
Lieutenant (2) The Lieutenant Governor in Council may confirm the
Governor in ^ ' , x^i ■ ^ ^ ^^r■ • i_
Council Plan or may approve the Plan with such modifications as the
Plan or Lieutenant Governor in Council considers desirable, and
modifications thereupon the confirmed Plan or the modified Plan is the
Niagara Escarpment Plan for the Niagara Escarpment
Planning Area.
Continuing
review of
Plan
(3) Subsections 1 and 2 apply mutatis mutandis to the
confirmed or modified Niagara Escarpment Plan, and so on
at intervals of not greater than five years, to the end that
the Plan shall be subject to continuing review and if desirable,
modification, at such periodic intervals.
Power to
acquire land
R.S.0. 1970,
c. 154
18. — (1) For the purposes of developing any feature of
the Niagara Escarpment Plan, the Minister may, for and in
the name of Her Majesty, acquire by purchase, lease or
otherwise, or, subject to The Expropriations Act, without the
consent of the owner, enter upon, take and expropriate and
hold any land or interest therein within the Niagara Escarp-
ment Planning Area and sell, lease or otherwise dispose of
any such land or interest therein.
129
11
(2) The Lieutenant Governor in Council may designate desTgnated
any minister of the Crown in respect of any land acquired minister
under subsection 1, and thereupon the minister so designated
may, for the purpose of developing any feature of the
Niagara Escarpment Plan,
{a) clear, grade or otherwise prepare the land for
development or may construct, repair or improve
buildings, works and facilities thereon ; or
(b) sell, lease or otherwise dispose of any of such land
or interest therein.
10. Where a municipality is invited to submit proposals ^^^^^^
to the Minister under section 16 to resolve a conflict
between a local plan or zoning by-law and the Niagara
Escarpment Plan or is required under section 17 to prepare
and adopt a local plan or pass a zoning by-law or by-laws,
the Minister may, out of the moneys appropriated therefor
by the Legislature, make grants to any such municipality
towards the costs of preparing such proposals, plans or by-laws
or towards those expenditures incurred in preparing local
plans and zoning by-laws, which are rendered invalid by the
Niagara Escarpment Plan.
20. When the Niagara Escarpment Plan is in effect, F^*^a°c|j*ig
the Minister may, out of the moneys appropriated therefor
by the Legislature, provide financial assistance to any person,
organization or corporation, including a municipal corporation,
undertaking any policy or program that implements the Plan.
21. ~(1) Where, in the opinion of the Lieutenant Governor Transfer of
in Council, the Niagara Escarpment Plan has been sub- functions
stantially completed for any part of the Niagara Escarpment
Planning Area, the Lieutenant Governor in Council may, by
order, and subject to such terms and conditions as he con-
siders appropriate, transfer any of the functions of the Com-
mission to the council of a regional municipality or the council
of a county.
(2) No order shall be made under subsection 1 except Limitation
upon application made to the Lieutenant Governor in Council
by the council of the regional municipality or county, and
every such application shall include a statement of the
administrative procedures intended to be followed in the
exercise of such functions.
22. The Minister may make regulations, Regulations
(a) designating any area or areas of land within the
Niagara Escarpment Planning Area as an area of
development control ;
129
12
R.S.0. 1970,
c. 349
(b) providing that where an area of development con-
trol is designated, such zoning by-laws and such
orders of the Minister made under section 32 of
The Planning Act, or any part thereof, as are
designated in the regulation, cease to have effect
in the area or in any defined part thereof ;
(c) providing for the issuance of development permits
and prescribing terms and conditions of permits;
{d) providing for the exemption of any class or classes
of development within any development area from the
requirement of obtaining a development permit;
(e) prescribing the form of application for a develop-
ment permit.
Development 23. — (1) Notwithstanding any other general or special Act,
where an area of development control is established by
regulation made under section 22, no person shall undertake
any development in the area unless such development is
exempt under the regulations or he is the holder of a develop-
ment permit issued by the Minister, or where the Minister
has under section 24 delegated his authority to the Commission
or to a county or to a regional municipality or to a city outside
a regional municipality, issued by the Commission or by the
county or regional municipality, or city, as the case may be.
conditions (^) ^^^ Minister may, where he issues a development
permit under subsection 1, attach such terms and conditions
thereto as he considers desirable.
Otlier
permits
(3) No building permit or other permit relating to develop-
ment shall be issued in respect of any land, building or
structure within an area of development control, unless a
development permit has been issued under this Act relating
to such land, building or structure, and no such building
or other permit shall be issued that does not conform to the
development permit.
Offence
(4) Every person who contravenes subsection 1 is guilty
of an offence and on summary conviction is liable to a fine
of not more than $10,000.
Order to
demolish, etc.
(5) Where any person undertakes any development that is
in contravention of subsection 1, the Minister may order such
person to demolish any building or structure erected in
connection with the development or to restore the site to
the condition it was in prior to the undertaking of the
development, or both, within such time as the order specifies.
129
13
(6) Where a person to whom an order is directed under ^ork°^
subsection 5 fails to comply with the order within the time
specified in it, the Minister may cause the necessary work to
be done and charge such person with the cost thereof, which
cost may be recovered with costs, as a debt due to Her
Majesty, in any court of competent jurisdiction.
(7) Where the Minister has delegated his authority under o/^uttiorit
section 24, the body to which the authority is delegated has,
in lieu of the Minister, all the powers and rights of the Minister
under subsections 5 and 6. ""^^
24. — (1) Subject to subsection 2, the Minister may in commission"
writing, and subject to such conditions as he considers
appropriate, delegate to the Commission, or to a county or
regional municipality or to a city outside the Regional Munici-
pality having jurisdiction in the Niagara Escarpment Planning
Area, or any part thereof, authority to issue development
permits.
(2) No delegation shall be made under subsection 1 to a Limitation
county or a regional municipality or a city except upon
application made to the Minister by the council of the county
or regional municipality or city, and every such application
shall include a statement of the organizational structure to be
established and the administrative procedures intended to be
followed.
(3) The Minister may in writing withdraw any delegation withdrawal
made under subsection 1 where, in his opinion, it is in the delegation
public interest to do so.
(4) Where the Minister has delegated his authority under e°c'"™ower°'
subsection 1, the Commission or the council of the county or of decision
regional municipality or city, as the case may be, on receiving
an application for a development permit and, after giving
consideration to the merits of the application, may make a
decision to issue the development permit or to refuse to issue
the permit or to issue the permit subject to such terms and
conditions as it considers desirable. ""^Wl
(5) The Commission, or a county or regional municipa,lity ^/'^^jlfg^QQ"
or city to whom the Minister has delegated his authority under
subsection 1, shall by regular or registered mail cause a copy
of the decision made by it on any application for a develop-
ment permit to be mailed to the Minister, to the applicant
for the permit and to all assessed owners of land l3nng within
400 feet of the land that is the subject of the application
and every copy of such decision shall include a notice specify-
ing that any person receiving a copy of the decision, other
129 •::
14
Hearing
officer
than the Minister, may, within fourteen days of the maihng
of it, appeal in writing to the Minister against the decision.
(6) Where the Minister receives a copy of a decision under
subsection 5 he may, within fourteen days of the maihng
of it, request the Lieutenant Governor in Council to appoint
an officer for the purpose of conducting a hearing at which
representations may be made respecting the decision.
Application (7) Where the Lieutenant Governor in Council appoints a
hearing officer at the request of the Minister under sub-
section 6, the provisions of subsections 10, 11 and 12 apply
• ' mutatis mutandis and any reference in those subsections to the
Minister shall be deemed to be a reference to the Lieutenant
Governor in Council.
offl^e^r^^ (8) Where the Minister receives one or more notices of
appointment appeal under subsection 5 he shall appoint an officer for the
purpose of conducting a hearing at which representations may
be made respecting the decision.
by Minister
Confirmation (Q) Unless within the time specified in subsection 5 the
of Q6C1S10H
Minister receives one or more notices of appeal or unless the
Minister has under subsection 6 requested the appointment of a
hearing officer, the decision of the Commission or of the council
of the county or regional municipality or city, as the case may
be, shall be deemed to be confirmed. "^01
Time of
hearing
(10) The officer appointed to inquire under subsection 8
shall fix a time and place for a hearing and shall send by
regular or registered mail written notice thereof to each
person to whom notice of the decision was sent under sub-
section 5.
Report
Power of
Minister
to confirm,
etc., decision
(11) After the conclusion of the hearing, the officer appointed
shall report to the Minister a summary of the representations
made, together with his opinion on the merits of the decision.
(12) After giving consideration to the report of the officer,
the Minister may confirm the decision or he may vary the
decision or make any other decision that in his opinion ought
to have been made and the decision of the Minister under
this section is final.
Notice of
application
25. — (1) Where the Minister has not delegated his authority
under section 24 and he receives an application for a devel-
opment permit the Minister shall, by personal service or by
regular or registered mail, cause a written notice of the
application, together with a brief statement of the nature
of the application, to be delivered or mailed to all assessed
129
15
owners of land lying within 400 feet of the land that is the
subject of the application and every such notice shall specify
the time within which any person receiving it may file with
the Minister written notice of his objection to the issuance
of a development permit .
(2) Subject to subsection 7, unless within the time specified mky* issue
in the notice referred to in subsection 1 a notice objecting to etc., permit
the issuance of a development permit is filed with the Minister,
he may issue the development permit or he may refuse to issue
the permit or he may issue the permit subject to such terms and
conditions as he considers advisable.
(3) Where a notice of objection to the issuance of a devel- Hearing
^ ' ■■ officer,
opment permit is filed with the Minister within the time appointment
specified in the notice referred to in subsection 1, the Minister
shall appoint an officer for the purpose of conducting a hearing
at which representations may be made respecting the issuance
of the development permit.
(4) The officer appointed to inquire under subsection 3 ^e^lng
shall fix a time and place for a hearing and shall send by
regular or registered mail written notice thereof to the
applicant for the development permit and to each person to
whom notice of the application was sent under subsection 1 .
(5) After the conclusion of the hearing, the officer appointed Report
shall report to the Minister a summary of the representations
made together with his opinion on the merits of the appli-
cation for the development permit.
(6) After giving consideration to the report of the officer Minister
^ ' " ° " may issue,
appomted to mquire mto the matter, the Mmister may issue etc., permit
the development permit or he may refuse to issue the permit
or he may issue the permit subject to such terms and conditions
as he considers advisable.
(7) The Minister where he considers it desirable may, and o^*?"^
at the request of the applicant for the development permit appointrnent
1 • I-1-- 1- 1- • im-- by Minister
made at the time of submitting his application to the Minister
shall, appoint an officer for the purpose of conducting a hearing
into the matter, and where the Minister does so the provisions
of subsections 4, 5 and 6 apply mutatis mutandis.
(8) The decision of the Minister made under this section g^ai^^°°
is final.
26^ — (1) Every local municipality whose jurisdiction in- tion™^"^
eludes any part of the Niagara Escarpment Planning Area "cr'es'ofiand
shall annually, on or before the 1st day of February, determine c7own^^
129
16
and advise the Minister of the number of acres to the nearest
^ whole acre of all land in such municipality situate within
the Planning Area and owned on the next preceding 1st day of
January by Her Majesty in right of Ontario.
Determina- (2) The Minister may revise the number of acres so deter-
Minister mined by a local municipality and where he does so the deter-
mination of the number of acres by the Minister is, for the
purposes of this section, final.
Payments (3) Commencing with the year 1973, the Minister may, out
of the moneys appropriated therefor by the Legislature, pay
in each year to such municipality,
[a) $5 per acre for each of the first 100 acres of such
land and $2 per acre for each acre in excess of 100
acres up to a maximum of 10,000 acres ; or
{h) $100,
whichever is the greater.
(4) Notwithstanding subsection 3, when an amount of money
is payable to any such local municipality in the same year
in respect of any part of such land under The Provincial Parks
Municipal Tax Assistance Act, 1971 or under The Municipal
Tax Assistance Act, no payment shall be made under this section
in respect of that land.
Determina- (5) Jhe annual determination required under subsection 1
tion for 1973 , „ , i r i t • ^/-.-n
shall be made for the purposes of payments m 1973 as soon
as is practicable after the coming into force of this Act.
Deduction of
moneys paid
under
1971, c. 78
and
R.S.0. 1970,
C.292
de^eme™^^* 27. The assessment of a local municipality that receives
Increased a payment under section 26 that is used for apportioning.
R.S.0. 1970,
C.32
(a) a county rate under section 72 of The Assessment
Act; or
(b) a regional levy under any Act establishing a regional
municipality,
shall be deemed to be increased by an amount that would have
produced the amount of payment received by the taxation of
real property at the rate applicable to residential and farm
property in the preceding year for all purposes other than
school purposes.
fofS^°* 28.— (1) Where the use of any land within the Niagara
assessment Escarpment Planning Area is not in conformity with the use
designated for such land in the Niagara Escarpment Plan or
129
17
in any local plan covering such land, and the assessment of
such land is increased because of such designation, the local
municipality in which the land is situate and the owner of the
land may, with the approval of the Minister, enter into an
agreement providing for a fixed assessment for the land
reflecting the use to which the land is being put, to apply
to taxation for general, school and special purposes, but not to
apply to taxation for local improvements.
(2) Every such agreement shall be for such term of years ^^™^^g^^.
not exceeding three as the Minister approves and the Minister
may, in granting his approval, attach such terms and conditions
thereto as he considers appropriate.
(3) Where a parcel of land has a fixed assessment under P'^°^®<^^''®
subsection 1,
(a) the land shall be assessed in each year as if it did not ^^^^^^'^^^^
have a fixed assessment ;
(b) the treasurer of the local municipahty shall calculate *^*^®^
each year what the taxes would have been on the
land if it did not have a fixed assessment ;
(c) the treasurer shall keep a record of the difference record
between the taxes paid each year and the taxes that
would have been paid if the land did not have a
fixed assessment and shall debit the land with this
amount each year during the term of the agreement
and shall add to such debit on the 1st day of
January in each year such interest as may be agreed
upon on the aggregate amount of the debit on such
date.
(4) The Minister may, out of the moneys appropriated Payment to
therefor by the Legislature, pay in each year to a local
municipality in respect of which an agreement made under
subsection 1 is in force, an amount of money equal to the
difference in the taxes paid pursuant to the agreement and
the taxes that would have been paid if the land covered by
the agreement did not have a fixed assessment.
(5) Where a local municipality receives an amount of money Apportion-
under subsection 4, the council of the local municipality
shall apportion the amount to each body in the same manner
as taxes would have been apportioned if taxes had been levied
in the normal manner on the assessment in accordance with
clause a of subsection 3.
(6) Where the land or a part thereof that is subject to an when
agreement under subsection 1 ceases to be put to the use that terminated
129
18
was the basis for determining the fixed assessment, the agreement
is thereupon terminated with respect to the land or such part
thereof.
Registration
of agreement
R.S.0. 1970,
C.409
(7) Any agreement entered into under subsection 1 may be
registered against the land affected by the agreement and
when registered such agreement runs with the land and the
provisions thereof are binding upon and enure to the benefit
of the owner of the land and, subject to the provisions of
The Registry Act, any and all subsequent owners of the land.
lands
Termination (g) Where an agreement is for any reason terminated in
of agreement, ^ ' . , , i r i i i i in ^ j_i
as to all respect of the whole of the land, the owner shall pay to the
local municipality the amount debited against the land, in-
cluding the amounts of interest debited in accordance with
clause c of subsection 3.
as to part
of lands
(9) Where an agreement is for any reason terminated in
respect of a part of the land, the owner shall pay to the
local municipality that portion of the amount debited against
the land, including the amounts of interest debited in
accordance with clause c of subsection 3, th^t is attributable
to the portion of the land in respect of which the agreement
is terminated.
Payment to (IQ) Where a local municipality receives a payment under
subsection 8 or 9, the treasurer of the municipality shall
forthwith pay the amount of money received, including the
amount of debited interest, to the Minister.
Termination i\\\ An agreement may be terminated on the 31st day of
of agreement ^ ' .o j riiii-i
by owner December in any year upon the owner of the land that is the
subject of the agreement giving six months notice of such
termination in writing to the municipality.
Apportion- (12) For the purposes of an apportionment required under
any Act, the assessment used as the basis for such apportion-
ment shall include the assessment determined under clause
a of subsection 3.
Commence-
ment
29. This Act shall be deemed to have come into force on
the 4th day of June, 1973.
Short title 30. This Act may be cited as The Niagara Escarpment
Planning and Development Act, 1973.
129
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BILL 129
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to provide for Planning and Development of
the Niagara Escarpment and its Vicinity
The Hon. J. White
Treasurer of Ontario and Minister of Economics
and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
BILL 129 1973
An Act to provide for
Planning and Development of the
Niagara Escarpment and its Vicinity
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 Niagara Escarpment Com-
mission established under this Act ;
(b) "local plan" means an official plan approved by the
Minister or by the Ontario Municipal Board under
The Planning Act; c'ii^'^^'^^'
(c) "Minister" means the Treasurer of Ontario and
Minister of Economics and Intergovernmental Affairs ;
{d) "ministry" means any ministry or secretariat of the
Government of Ontario and includes a board, com-
mission or agency of the Government;
{e) "Niagara Escarpment Plan" means a plan, policy and
program, or any part thereof, approved by the Lieu-
tenant Governor in Council, covering the Niagara
Escarpment Planning Area, or any part thereof
defined in the Plan, designed to promote the optimum
economic, social, environmental and physical con-
dition of the Area, and consisting of the texts and
maps describing the program and policy;
(/) "Niagara Escarpment Planning Area" means the
area of land in Ontario designated as such by the
Minister under this Act;
(g) "zoning by-law" means a by-law passed under sec-
tion 35 of The Planning Act or any predecessor
thereof and approved by the Ontario Municipal
Board.
129
y Purpose
of Act
2. The purpose of this Act is to provide for the maintenance
of the Niagara Escarpment and land in its vicinity substan-
tially as a continuous natural environment, and to ensure
only such development occurs as is compatible with that
natural environment.
Establish-
ment of
Niagara
Escarpment
Planning
Area
Direction by
Minister to
prepare
Niagara
Escarpment
Plan
Order to be
laid before
Assembly
Advisory
committees
3. — (1) The Minister may, by order, establish as the Niagara
Escarpment Planning Area the area of land in Ontario defined
in the order.
(2) Where the Niagara Escarpment Planning Area has been
established under subsection 1, the Minister shall include
in the order a direction to the Commission that it carry out an
investigation and survey of the environmental, physical,
social and economic conditions in relation to the develop-
ment of the Planning Area or any part thereof, and that
there be prepared within a period of two years or such other
period of time as the Minister in his order determines, a
plan suitable for approval as the Niagara Escarpment Plan.
(3) Where any order is made under subsection 1, the
Minister shall, on the day the order is made, or as soon
thereafter as is practicable, lay the order before the Assembly
if it is in session or, if not, at the commencement of the
next ensuing session and the Assembly shall, by resolution,
declare the order approved, revoked or varied.
4. The Minister shall establish two or more advisory
committees, consisting of such persons as the Minister appoints,
one of which will represent the municipalities in the
Niagara Escarpment Planning Area in whole or in part and one
of which will be broadly representative of the people of the
Planning Area, to advise and make recommendations to the
Minister, through the Commission, in respect of the pre-
paration and implementation of the Niagara Escarpment
Plan and to perform any other function given to them by
the Minister.
Eiclr'^ment ^' — (^) There is hereby established a commission, to be
Commission knowu as the Niagara Escarpment Commission, composed of
seventeen members appointed by the Lieutenant Governor
in Council as follows :
1. Nine members shall be appointed as representative
of the public at large.
2. Of the eight remaining members, one shall be ap-
pointed from a list containing the names of not less
than three persons submitted by the county council
or regional council, as the case may be, of each
129
county and regional municipality whose jurisdiction
includes any part of the Niagara Escarpment Planning
Area.
(2) Each member of the Commission shall hold ofhce for 0^''™°^
such period of time as the Lieutenant Governor in Council
determines.
(3) No person is eligible to be included in a list of persons ^^^^^'^^ii^^y
submitted under paragraph 2 of subsection 1 unless he is a
member or employee of the council of a municipality whose
jurisdiction includes a part of the Niagara Escarpment
Planning Area.
(4) The Commission shall be deemed to be established when c^^mission
a majority of the number of members has been appointed, deemed
and it may then proceed to carry out the functions conferred
upon it under this Act, notwithstanding the remaining number
of members has not been appointed.
(5) The Lieutenant Governor in Council may designate one ^^*^'''^*°
of the members appointed under paragraph 1 of subsection 1
to be chairman of the Commission.
(6) Nine members of the Commission constitute a quorum. ^"°'''^'"
(7) Members of the Commission shall receive such salary fi^™'^"®'"^"
and other remuneration as the Lieutenant Governor in Council
from time to time determines.
(8) Such officers, clerks and servants as are considered ^***^
necessary from time to time for the purposes of the Commis-
sion may be appointed under The Public Service Act. ^fse''^^'"'
(9) Subject to the approval of the Minister, the Commission ^Jg°j^®^^^^°°*^
may engage persons to provide professional, technical or
other assistance to the Commission.
(10) In the performance of its functions, the Commission f^affto^"^ °^
may be assisted by such persons in the public service of *^°'""^*^^^°°
Ontario as the Minister designates for the purpose.
6. All expenditures, costs, charges and expenses incurred '^o'^^y^
and payable in respect of the carrying out by the Commission
of its functions, including the salaries and expenses of the
members of the Commission and of the officers, clerks and
other employees thereof, shall be paid out of the moneys
appropriated therefor by the Legislature.
129
4
during^^*^^°" 7. During the course of the preparation of the Niagara
preparation Escarpment Plan, the Commission shall consult with the
of plan . . ^ . 11
mmister, provincial secretary or other person having charge
of any affected ministry and with the council of each munici-
pality within or partly within the Niagara Escarpment
Planning Area, with respect to the proposed contents of the
Plan.
Objectives g^ jj^ preparing the Niagara Escarpment Plan, the objec-
tives to be sought by the Commission in the Niagara Escarp-
ment Planning Area shall be,
(a) to protect unique ecologic and historic areas;
{b) to maintain and enhance the quality and character
of natural streams and water supplies;
(c) to provide adequate opportunities for outdoor recrea-
tion;
{d) to maintain and enhance the open landscape character
of the Niagara Escarpment in so far as possible, by
such means as compatible farming or forestry and by
preserving the natural scenery;
{e) to ensure that all new development is compatible
with the purpose of this Act as expressed in section 2 ;
(/) to provide for adequate public access to the Niagara
Escarpment; and
(g) to support municipalities within the Niagara Escarp-
ment Planning Area in their exercise of the planning
^I^O- 1970, functions conferred upon them by The Planning Act.
Contents of 9^ x^e Niagara Escarpment Plan may contain,
(a) policies for the economic, social and physical develop-
ment of the Niagara Escarpment Planning Area in
respect of,
(i) the management of land and water resources,
(ii) the general distribution and density of popu-
lation,
(iii) the general location of industry and commerce,
the identification of major land use areas and
the provision of major parks and open space
and the policies in regard to the acquisition
of lands,
129
(iv) the control of all forms of pollution of the
natural environment,
(v) the general location and development of major
servicing, communication and transportation
systems,
(vi) the development and maintenance of educa-
tional, cultural, recreational, health and other
social facilities, and
(vii) such other matters as are, in the opinion of
the Minister, advisable ;
{b) policies relating to the financing and programming
of public development projects and capital works;
(c) policies to co-ordinate the planning and development
programs of the various ministries for the Niagara
Escarpment Planning Area;
{d) policies to co-ordinate planning and development
among municipalities within the Niagara Escarpment
Planning Area;
(e) policies designed to ensure compatibility of develop-
ment by the private sector; and
(/) such other policies as are, in the opinion of the
Minister, advisable for the implementation of the
Plan,
and shall contain such programs and policies as each minister,
provincial secretary or other person having charge of a ministry
desires to be incorporated in the Plan, in so far as the Commis-
sion considers it practicable.
10. — (1) During the course of preparation of the Niagara ^f'"|,^*^**^°'i
Escarpment Plan, the Commission shall,
{a) furnish each local municipality within or partly
within the Niagara Escarpment Planning Area
with a copy of the proposed Plan and invite each
such municipality to make comments thereon to the
council of the county or regional municipality within
which it is situate within such period of time,
not being less than three months from the time the
Plan is furnished to it, as is specified;
(b) publish a notice in such newspapers having general
circulation in any area that is within the Niagara
129
Escarpment Planning Area as the Commission
considers appropriate, notifying the pubHc of the
proposed Plan, indicating where a copy of the Plan
together with the material used in the preparation
thereof mentioned in subsection 5, can be examined
and inviting the submission of comments thereon
within such period of time, not being less than
three months from the time the notice is first
published, as is specified ;
(c) furnish copies of the proposed Plan to any advisory
committee appointed under section 4 and invite
any such committee to make comments thereon
within such period of time, not being less than
three months from the time the Plan is furnished to
it as is specified ; and
{d) furnish a copy of the proposed Plan to each county
and regional municipality within or partly within
the Niagara Escarpment Planning Area and invite
them, after giving consideration to the comments
received from the local municipalities under clause a,
to make comments on the proposed Plan to the
Commission within such period of time, not being
less than four months from the time the Plan is
furnished to them, as is specified.
Hearing
officer
(2) After the expiration of the time for the making of
comments on the proposed Plan, the Commission shall
appoint one or more hearing officers for the purpose of con-
ducting one or more hearings, as the Minister may determine,
within the Niagara Escarpment Planning Area for the
purpose of receiving representations respecting the contents
of the Plan by any person desiring to make representations.
Notice of
hearing
(3) The hearing officer shall fix the time and place for
the hearing or hearings, as determined under subsection 2,
and shall publish notice thereof in such newspapers having
in his opinion general circulation in any area that is within
the Niagara Escarpment Planning Area, as the hearing officer
considers appropriate.
Time of
hearing
(4) The time fixed for any hearing under subsection 3
shall be not sooner than three weeks after the first publication
of the notice of the hearing.
Procedure
at hearing
(5) At any such hearing the Commission shall present the
proposed plan and the justification therefor and shall make
available for public inspection research material, reports,
plans and the like that were used in the preparation of such
129
plan and, subject to the rules of procedure adopted by the
hearing officer for the conduct of the hearing, the persons
presenting the plan may be questioned on any aspect of the
plan by any interested person.
(6) Not less than three months after the conclusion of the ^1^^^* °^
hearing or of the last hearing if more hearings than one are officer
held or within such extended time as the Commission prescribes,
the hearing officer shall report to the Commission a summary
of the representations made together with a report stating
whether the Plan should be accepted, rejected or modified,
giving his reasons therefor, and shall at the same time furnish
the Minister with a copy of his report.
(7) After giving consideration to the comments received ^jf^^{^^^|j,°"
and the report of the hearing officer, the Commission shall Minister
submit the proposed Plan, with its recommendations thereon
to the Minister.
(8) A copy of the proposed Plan and the recommendations o? proposed
thereon as submitted to the Minister, together with a copvPi*°^°d
o fj report
of the report of the hearing officer, shall be made available
in the office of the Minister, in the office of the clerk of
each municipality, the whole or any part of which is within
the Niagara Escarpment Planning Area, and in such other
offices and locations as the Minister determines, for inspection
by any person desiring to do so.
(9) After having received the proposed Plan from the |^^j™^^^^°°
Commission and after giving consideration to the recom- Lieutenant
1 • r 1 /- . . <• 1 1 - Governor in
mendations of the Commission and the report of the hearing council
officer, the Minister shall submit the proposed Plan with his
recommendations thereon to the Lieutenant Governor in
Council.
(10) If the recommendation of the Minister to the Lieutenant when
^ ' . . . report not
Governor in Council is other than that the report of the hearing approved
officer be approved, then the Minister shall give public notice
to this effect state, his intentions and a period of twenty-one
days allowed when representations in writing can be made by
anyone concerned to the Lieutenant Governor in Council.
(11) The Lieutenant Governor in Council may approve the pfanby^^"^
Plan or may approve the Plan with such modifications as Go®^er®ifo^^in
the Lieutenant Governor in Council considers desirable, and council
thereupon the Plan is the Niagara Escarpment Plan for the
Niagara Escarpment Planning Area.
11. — (1) A copy of the Niagara Escarpment Plan and of p°af*^^°^
every amendment or modification thereto certified by the
129
Idem
8
^ Minister shall be lodged forthwith with the clerk of each
municipality, all or part of which is within the Niagara
Escarpment Planning Area.
(2) A copy of the Niagara Escarpment Plan and of every
amendment or modification thereto certified by the Minister
shall be lodged forthwith in every land registry office of lands
within the Niagara Escarpment Planning Area, where it shall
be made available to the public as a production.
Amendments 12. — (1) An amendment to the Niagara Escarpment
Plan may be initiated by the Minister or by the Commission,
and application may be made to the Commission by any
person, ministry or municipality requesting an amendment
to the Plan.
Approval of
amendment
to Plan by
Lieutenant
Governor in
Council
Frivolous,
etc.,
applications
(2) Where the Minister or the Commission initiates an
amendment to the Niagara Escarpment Plan or, subject to
subsection 3, where the Commission receives an application
requesting an amendment to the Plan, the provisions of this
Act relating to consultation, the submission of comments
and the holding of hearings apply, mutatis mutandis, to the
consideration of the proposed amendment, following which
the Minister shall submit the amendment with his recom-
mendations thereon to the Lieutenant Governor in Council
and the Lieutenant Governor in Council may refuse to approve
the amendment or may approve it or may approve the
amendment with such modifications as the Lieutenant
Governor in Council considers desirable, and in the event an
amendment is approved, the Plan as so amended is thereupon
the Niagara Escarpment Plan for the Niagara Escarpment
Planning Area.
(3) Where in the opinion of the Commission an application
for an amendment is not made in good faith, or is frivolous
or is made only for the purpose of delay, the Commission shall
inform the Minister of its opinion and where the Minister
concurs in that opinion the Minister shall inform the
applicant in writing of his opinion and notify the applicant
that unless he makes written representations thereon to the
Minister within such time as the Minister specifies in the
notice not being less than fifteen days from the time the notice
is given, the provisions of subsection 2 in respect of the con-
sideration of the amendment shall not apply, and approval
of the amendment shall be deemed to be refused.
Idem
(4) Where representations are made to the Minister under
subsection 3, the Minister, after giving consideration thereto,
shall inform the applicant in writing either that the Minister's
opinion is confirmed and that approval of the amendment
129
is deemed to be refused or that he has directed that con-
sideration of the amendment be proceeded with in accordance
with subsection 2.
13. — (1) Notwithstanding any other general or special Act, fffco^o'j.^*^'
when the Niagara Escarp^jnent Plan is in effect, to Plan
{a) no municipality or local board having jurisdiction
in the Niagara Escarpment Planning Area, or in any
part thereof, and no ministry, shall undertake any
improvement of a structural nature or any other
undertaking within the Area ; and
{b) no municipality having jurisdiction in such Area
shall pass a by-law for any purpose,
that is in conflict with the Niagara Escarpment Plan.
(2) The Minister, upon the application of the council of a ^J^^^^^^J^^y
municipality having jurisdiction in the Niagara Escarpment etc conforms
Planning Area, or in any part thereof, may, in writing,
declare that a by-law, improvement or other undertaking
of such municipality shall be deemed not to conflict with
the Niagara Escarpment Plan, if the Minister is of the
opinion that the by-law, improvement or undertaking conforms
with the general intent and purpose of the Plan.
14. Notwithstanding any other general or special Act, conflict
where the Niagara Escarpment Plan is in effect and there
is a conflict between any provision of the Plan and any
provision of a local plan or any provision of a zoning by-law
covering any part of the Niagara Escarpment Planning Area,
then the provision of the Niagara Escarpment Plan prevails.
15. — (1) Where in the opinion of the Minister a local M*°*ster
• 1 1 1 r 1 XT- mayrcQulre
plan or a zoning by-law that covers any part of the Niagara submission
Escarpment Planning Area is in conflict with the provisions to resolve
of the Niagara Escarpment Plan, the Minister shall advise
the council of the municipality that adopted the local plan
or that passed the zoning by-law of the particulars wherein
the local plan or zoning by-law conflicts with the Niagara
Escarpment Plan and shall invite the municipality to sub-
mit, within such time as the Minister specifies, proposals
for the resolution of the conflict.
(2) Where the council of the municipality fails to submit ^^^fg^°^
proposals to resolve the conflict within the time specified [o^^™®^^'^
by the Minister, or where after consultation with the Minister
on such proposals the conflict cannot be resolved, and the
Minister so notifies in writing the council of the municipality,
129
10
-A,
the Minister may by order amend the local plan so as to
make it conform to the Niagara Escarpment Plan, and the
order when made shall have the same effect as though it
were an amendment to the local plan made by the council
of the municipality and approved by the Minister.
ma^^re^'uire ^^' ^^^^^ the Niagara Escarpment Plan is in effect in a
adoption of municipality or any part thereof and the municipality does
or passage of not have a local plan in effect or has not passed a zoning
zoning y- aw |-,y_jg^^ ^j. ^y-laws covering the municipality or that part of the
municipality covered by the Plan, the council of the munici-
pality, upon being notified in writing by the Minister of
that fact, shall, within such time as is specified in the notice,
prepare and adopt a local' plan or pass a zoning by-law or
by-laws that conform to the Niagara Escarpment Plan and sub-
mit to the Minister the local plan for approval or submit
to the Ontario Municipal Board the zoning by-law or
by-laws for approval, as the case requires.
Review of
Plan
17. — (1) Not later than five years from the day on which
the Niagara Escarpment Plan comes into effect, the Minister
shall cause a review of the Plan to be undertaken, and the
provisions of this Act relating to consultation, the submission
of comments and the holding of hearings apply, mutatis
mutandis to the review, following which the Minister shall
submit to the Lieutenant Governor in Council a report on
the review of the Plan with his recommendations thereon.
Lieutenant (2) The Lieutenant Governor in Council may confirm the
Governor m ^ ' , tm • i i ^■r■ ■ i_
Council Plan or may approve the Plan with such modifications as the
Plan or Lieutenant Governor in Council considers desirable, and
modifications thereupon the confirmed Plan or the modified Plan is the
Niagara Escarpment Plan for the Niagara Escarpment
Planning Area.
Continuing
review of
Plan
(3) Subsections 1 and 2 apply mutatis mutandis to the
confirmed or modified Niagara Escarpment Plan, and so on
at intervals of not greater than five years, to the end that
the Plan shall be subject to continuing review and if desirable,
modification, at such periodic intervals.
Power to
acquire land
R.S.0. 1970.
c. 154
18. — (1) For the purposes of developing any feature of
the Niagara Escarpment Plan, the Minister may, for and in
the name of Her Majesty, acquire by purchase, lease or
otherwise, or, subject to The Expropriations Act, without the
consent of the owner, enter upon, take and expropriate and
hold any land or interest therein within the Niagara Escarp-
ment Planning Area and sell, lease or otherwise dispose of
any such land or interest therein.
129
11
(2) The Lieutenant Governor in Council may designate designated
any minister of the Crown in respect of any land acquired minister
under subsection 1, and thereupon the minister so designated
may, for the purpose of developing any feature of the
Niagara Escarpment Plan,
{a) clear, grade or otherwise prepare the land for
development or may construct, repair or improve
buildings, works and facilities thereon ; or
{b) sell, lease or otherwise dispose of any of such land
or interest therein.
19. Where a municipahty is invited to submit proposals ^^^^^^
to the Minister under section 15 to resolve a conflict
between a local plan or zoning by-law and the Niagara
Escarpment Plan or is required under section 16 to prepare
and adopt a local plan or pass a zoning by-law or by-laws,
the Minister may, out of the moneys appropriated therefor
by the Legislature, make grants to any such municipality
towards the costs of preparing such proposals, plans or by-laws
or towards those expenditures incurred in preparing local
plans and zoning by-laws, which are rendered invalid by the
Niagara Escarpment Plan.
20. When the Niagara Escarpment Plan is in effect, financial
3iSSlSLfi>riCG
the Minister may, out of the moneys appropriated therefor
by the Legislature, provide financial assistance to any person,
organization or corporation, including a municipal corporation,
undertaking any policy or program that implements the Plan.
21. — (1) Where, in the opinion of the Lieutenant Governor transfer of
in Council, the Niagara Escarpment Plan has been sub- functions
stantially completed for any part of the Niagara Escarpment
Planning Area, the Lieutenant Governor in Council may, by
order, and subject to such terms and conditions as he con-
siders appropriate, transfer any of the functions of the Com-
mission to the council of a regional municipality or the council
of a county.
(2) No order shall be made under subsection 1 except Limitation
upon application made to the Lieutenant Governor in Council
by the council of the regional municipality or county, and
every such application shall include a statement of the
administrative procedures intended to be followed in the
exercise of such functions.
22. The Minister may make regulations. Regulations
{a) designating any area or areas of land within the
Niagara Escarpment Planning Area as an area of
development control ;
129
12
R.S.0. 1970,
c. 349
{b) providing that where an area of development con-
trol is designated, such zoning by-laws and such
orders of the Minister made under section 32 of
The Planning Act, or any part thereof, as are
designated in the regulation, cease to have effect
in the area or in any defined part thereof ;
(c) providing for the issuance of development permits
and prescribing terms and conditions of permits;
(d) providing for the exemption of any class or classes
of development within any development area from the
requirement of obtaining a development permit;
{e) prescribing the form of application for a develop-
ment permit.
Development 23. — (1) Notwithstanding any other general or special Act,
where an area of development control is established by
regulation made under section 22, no person shall undertake
any development in the area unless such development is
exempt under the regulations or he is the holder of a develop-
ment permit issued by the Minister, or where the Minister
has under section 24 delegated his authority to the Commission
or to a county or to a regional municipality or to a city outside
a regional municipality, issued by the Commission or by the
county or regional municipality, or city, as the case may be.
conditions (2) ^he Minister may, where he issues a development
permit under subsection 1, attach such terms and conditions
thereto as he considers desirable.
other
permits
(3) No building permit or other permit relating to develop-
ment shall be issued in respect of any land, building or
structure within an area of development control, unless a
development permit has been issued under this Act relating
to such land, building or structure, and no such building
or other permit shall be issued that does not conform to the
development permit.
Offence
(4) Every person who contravenes subsection 1 is guilty
of an offence and on summary conviction is liable to a fine
of not more than $10,000.
denrnifsh etc ^^^ Where any person undertakes any development that is
in contravention of subsection 1, the Minister may order such
person to demolish any building or structure erected in
connection with the development or to restore the site to
the condition it was in prior to the undertaking of the
development, or both, within such time as the order specifies.
129
13
(6) Where a person to whom an order is directed under ^ork°^
subsection 5 fails to comply with the order within the time
specified in it, the Minister may cause the necessary work to
be done and charge such person with the cost thereof, which
cost may be recovered with costs, as a debt due to Her
Majesty, in any court of competent jurisdiction.
(7) Where the Minister has delegated his authority under o/^uthorit
section 24, the body to which the authority is delegated has,
in lieu of the Minister, all the powers and rights of the Minister
under subsections 5 and 6.
24. — (1) Subject to subsection 2, the Minister may in Delegation to
^ ' J ' . / Commission,
writing, and subject to such conditions as he considers etc.
appropriate, delegate to the Commission, or to a county or
regional municipality or to a city outside the Regional Munici-
pality having jurisdiction in the Niagara Escarpment Planning
Area, or any part thereof, authority to issue development
permits.
(2) No delegation shall be made under subsection 1 to a Limitation
county or a regional municipality or a city except upon
application made to the Minister by the council of the county
or regional municipality or city, and every such application
shall include a statement of the organizational structure to be '
established and the administrative procedures intended to be
followed.
(3) The Minister may in writing withdraw any delegation withdrawal
made under subsection 1 where, in his opinion, it is in the delegation
public interest to do so.
(4) Where the Minister has delegated his authority under e°c™"Uwi°'^'
subsection 1, the Commission or the council of the county or of decision
regional municipality or city, as the case may be, on receiving
an application for a development permit and, after giving
consideration to the merits of the application, may make a
decision to issue the development permit or to refuse to issue
the permit or to issue the permit subject to such terms and
conditions as it considers desirable.
(5) The Commission, or a county or regional municipality ^f°jlf^^?g^^^°
or city to whom the Minister has delegated his authority under
subsection 1, shall by regular or registered mail cause a copy
of the decision made by it on any application for a develop-
ment permit to be mailed to the Minister, to the applicant
for the permit and to all assessed owners of land lying within
400 feet of the land that is the subject of the application
and every copy of such decision shall include a notice specify-
ing that any person receiving a copy of the decision, other
129
14
Hearing
officer
than the Minister, may, within fourteen days of the maihng
of it, appeal in writing to the Minister against the decision.
(6) Where the Minister receives a copy of a decision under
subsection 5 he may, within fourteen days of the maihng
of it, request the Lieutenant Governor in Council to appoint
an officer for the purpose of conducting a hearing at which
representations may be made respecting the decision.
Application (7) Where the Lieutenant Governor in Council appoints a
hearing officer at the request of the Minister under sub-
section 6, the provisions of subsections 10, 11 and 12 apply
mutatis mutandis and any reference in those subsections to the
Minister shall be deemed to be a reference to the Lieutenant
Governor in Council.
?fflce?^ (8) Where the Minister receives one or more notices of
b^Minister* ^^PP^^l under subsection 5 he shall appoint an officer for the
purpose of conducting a hearing at which representations may
be made respecting the decision.
Confirmation (9) Unless within the time specified in subsection 5, the
ofdecision .^ .' . ■ r i i i
Mmister receives one or more notices of appeal or unless the
Minister has under subsection 6 requested the appointment of a
hearing officer, the decision of the Commission or of the council
of the county or regional municipality or city, as the case may
be, shall be deemed to be confirmed.
Time of
hearing
(10) The officer appointed to inquire under subsection 8
shall fix a time and place for a hearing and shall send by
regular or registered mail written notice thereof to each
person to whom notice of the decision was sent under sub-
section 5.
Report
Power of
Minister
to confirm,
etc., decision
(11) After the conclusion of the hearing, the officer appointed
shall report to the Minister a summary of the representations
made, together with his opinion on the merits of the decision.
(12) After giving consideration to the report of the officer,
the Minister may confirm the decision or he may vary the
decision or make any other decision that in his opinion ought
to have been made and the decision of the Minister under
this section is final.
Notice of
application
25. — (1) Where the Minister has not delegated his authority
under section 24 and he receives an application for a devel-
opment permit the Minister shall, by personal service or by
regular or registered mail, cause a written notice of the
application, together with a brief statement of the nature
of the application, to be delivered or mailed to all assessed
129
15
owners of land lying within 400 feet of the land that is the
subject of the application and every such notice shall specify
the time within which any person receiving it may file with
the Minister written notice of his objection to the issuance
of a development permit.
(2) Subject to subsection 7, unless within the time specified may^issue
in the notice referred to in subsection 1 a notice objecting to etc., permit
the issuance of a development permit is filed with the Minister,
he may issue the development permit or he may refuse to issue
the permit or he may issue the permit subject to such terms and
conditions as he considers advisable.
(3) Where a notice of objection to the issuance of a devel- ^^*^°^
opment permit is filed with the Minister within the time appointment
specified in the notice referred to in subsection 1, the Minister
shall appoint an officer for the purpose of conducting a hearing
at which representations may be made respecting the issuance
of the development permit.
(4) The officer appointed to inquire under subsection 3 J^^^j.^ °g
shall fix a time and place for a hearing and shall send by
regular or registered mail written notice thereof to the
applicant for the development permit and to each person to
whom notice of the application was sent under subsection 1 .
(5) After the conclusion of the hearing, the officer appointed Report
shall report to the Minister a summary of the representations
made together with his opinion on the merits of the appli-
cation for the development permit.
(6) After giving consideration to the report of the officer Minister
appointed to inquire into the matter, the Minister may issue etc., permit
the development permit or he may refuse to issue the permit
or he may issue the permit subject to such terms and conditions
as he considers advisable.
(7) The Minister where he considers it desirable may, and ^^^er^
at the request of the applicant for the development permit appointment
made at the time of submitting his application to the Minister
shall, appoint an officer for the purpose of conducting a hearing
into the matter, and where the Minister does so the provisions
of subsections 4, 5 and 6 apply mutatis mutandis.
(8) The decision of the Minister made under this section ^^^1^*°°
is final.
26» — (1) Every local municipality whose jurisdiction in- tion of* °*
eludes any part of the Niagara Escarpment Planning Area acres*ofi°and
shall annually, on or before the 1st day of February, determine crown^^
129
16
and advise the Minister of the number of acres to the nearest
whole acre of all land in such municipality situate within
the Planning Area and owned on the next preceding 1st day of
January by Her Majesty in right of Ontario.
Determina- (2) The Minister may revise the number of acres so deter-
Minister mined by a local municipality and where he does so the deter-
mination of the number of acres by the Minister is, for the
purposes of this section, final.
Payments (3) Commencing with the year 1973, the Minister may, out
of the moneys appropriated therefor by the Legislature, pay
in each year to such municipality,
{a) $5 per acre for each of the first 100 acres of such
land and $2 per acre for each acre in excess of 100
acres up to a maximum of 10,000 acres ; or
(b) $100,
whichever is the greater.
(4) Notwithstanding subsection 3, when an amount of money
is payable to any such local municipality in the same year
in respect of any part of such land under The Provincial Parks
Municipal Tax Assistance Act, 1971 or under The Municipal
Tax Assistance Act, no payment shall be made under this section
in respect of that land.
Determina- (5) Xhe annual determination required under subsection 1
shall be made for the purposes of payments in 1973 as soon
as is practicable after the coming into force of this Act.
Deduction of
moneys paid
under
1971, c. 78
and
R.S.0. 1970,
C.292
27. The assessment of a local municipality that receives
Assessment
deemed
increased a payment under section 26 that is used for apportioning.
R.S.0. 1970,
0.32
{a) a county rate under section 72 of The Assessment
Act: or
(b) a regional levy under any Act establishing a regional
municipality,
shall be deemed to be increased by an amount that would have
produced the amount of payment received by the taxation of
real property at the rate applicable to residential and farm
property in the preceding year for all purposes other than
school purposes.
^^reement 28. — (1) Where the use of any land within the Niagara
assessment Escarpment Planning Area is not in conformity with the use
designated for such land in the Niagara Escarpment Plan or
129
17
in any local plan covering such land, and the assessment of
such land is increased because of such designation, the local
municipality in which the land is situate and the owner of the
land may, with the approval of the Minister, enter into an
agreement providing for a fixed assessment for the land
reflecting the use to which the land is being put, to apply
to taxation for general, school and special purposes, but not to
apply to taxation for local improvements.
(2) Every such agreement shall be for such term of years ^1^^^^^^^.
not exceeding three as the Minister approves and the Minister
may, in granting his approval, attach such terms and conditions
thereto as he considers appropriate.
(3) Where a parcel of land has a fixed assessment under p^^^®'^^'"®
subsection 1,
(a) the land shall be assessed in each year as if it did not assessment
have a fixed assessment ;
{b) the treasurer of the local municipality shall calculate **^®^
each year what the taxes would have been on the
land if it did not have a fixed assessment ;
(c) the treiasurer shall keep a record of the difference record
between the taxes paid each year and the taxes that
would have been paid if the land did not have a
fixed assessment and shall debit the land with this
amount each year during the term of the agreement
and shall add to such debit on the 1st day of
January in each year such interest as may be agreed
upon on the aggregate amount of the debit on such
date.
(4) The Minister may, out of the moneys appropriated Payment to
therefor by the Legislature, pay in each year to a local
municipality in respect of which an agreement made under
subsection 1 is in force, an amount of money equal to the
difference in the taxes paid pursuant to the agreement and
the taxes that would have been paid if the land covered by
the agreement did not have a fixed assessment.
(5) Where a local municipality receives an amount of money Apportion-
under subsection 4, the council of the local municipality
shall apportion the amount to each body in the same manner
as taxes would have been apportioned if taxes had been levied
in the normal manner on the assessment in accordance with
clause a of subsection 3.
(6) Where the land or a part thereof that is subiect to an when
£LGri*66m6Tlt
agreement under subsection 1 ceases to be put to the use that terminated
129
18
was the basis for determining the fixed assessment , the agreement
is thereupon terminated with respect to the land or such part
thereof.
Registration
of agreement
R.S.0. 1970,
c. 409
(7) Any agreement entered into under subsection 1 may be
registered against the land affected by the agreement and
when registered such agreement runs with the land and the
provisions thereof are binding upon and enure to the benefit
of the owner of the land and, subject to the provisions of
The Registry Act, any and all subsequent owners of the land.
of^a"reement ^^^ Where an agreement is for any reason terminated in
as to all ' respect of the whole of the land, the owner shall pay to the
local municipality the amount debited against the land, in-
cluding the amounts of interest debited in accordance with
clause c of subsection 3.
as to part
of lands
(9) Where an agreement is for any reason terminated in
respect of a part of the land, the owner shall pay to the
local municipality that portion of the amount debited against
the land, including the amounts of interest debited in
accordance with clause c of subsection 3, that is attributable
to the portion of the land in respect of which the agreement
is terminated.
Payment to (IQ) Where a local municipality receives a payment under
subsection 8 or 9, the treasurer of the municipality shall
forthwith pay the amount of money received, including the
amount of debited interest, to the Minister.
ofa^eemen't (^^) "^^ agreement may be terminated on the 31st day of
by owner December in any year upon the owner of the land that is the
subject of the agreement giving six months notice of such
termination in writing to the municipality.
Apportion- (12) For the purposes of an apportionment required under
any Act, the assessment used as the basis for such apportion-
ment shall include the assessment determined under clause
a of subsection 3.
Commence-
ment
29. This Act shall be deemed to have come into force on
the 4th day of June, 1973.
Short title 30. This Act may be cited as The Niagara Escarpment
Planning and Development Act, 1973.
129
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§ CI-
BILL 130 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
r
An Act to provide for Planning and Development
of the Parkway Belt
The Hon. J. White
Treasurer of Ontario and Minister of Economics
and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
The Bill incorporates by reference the provisions of the Bill entitled
The Ontario Planning and Development Act, 1973, and relates specifically
to the development plan for the Parkway Belt Planning Area. The
Bill includes the same provisions respecting payments in lieu of taxes on
land owned by the Province and respecting fixed assessment agreements
as are found in the Bill entitled The Niagara Escarpment Planning and
Development Act, 1973. Land use regulations may be made by the Minister
in respect of any land within the Parkway Belt Planning Area.
130
BILL 130 1973
An Act to provide for
Planning and Development of the Parkway Belt
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows :
1 . The Treasurer of Ontario and Minister of Economics and ^Q^^of^'
Intergovernmental Affairs, herein called the Minister, may, SF^^^y^®^^
by order, establish as the Parkway Belt Planning Area the Area
area of land in Ontario defined in the order.
2. When the Parkway Belt Planning Area has been ^irecWon by
established, the Minister may, in respect of the Planning Area, to prepare
or any part thereof, direct that there be carried out an in- Plan
vestigation and survey of the environmental, physical, social
and economic conditions in relation to the development of the
Planning Area, or any part thereof, and may cause to be pre-
pared the Parkway Belt Plan.
3. The Ontario Planning and Development Act, /97J^ Amplication
except section 13, applies mutatis mutandis, to the Parkway i^''^. c —
Belt Planning Area, and the Parkway Belt Plan shall be
deemed to be a development plan within the meaning of that
Act.
4. — (1) Every local municipality whose jurisdiction in- ^^^®^JP^"*"
eludes any part of the Parkway Belt Planning Area shall number of
annually, on or before the 1st day of February, determine and owned by
advise the Minister of the number of acres to the nearest whole '^"^'^
acre of all land in such municipality situate within the Planning
Area and owned on the next preceding 1st day of January
by Her Majesty in right of Ontario.
(2) The Minister may revise the number of acres so deter- ^^etermina-
mined by a local municipality, and, where he does so, the Minister
determination of the number of acres by the Minister is, for
the purposes of this section, final.
130
Payments (3) Commencing with the year 1973, the Minister may, out
of the moneys appropriated therefor by the Legislature, pay
in each year to such municipahty,
{a) $5 per acre for each of the first 100 acres of such
land and $2 per acre for each acre in excess of 100
acres up to a maximum of 10,000 acres ; or
(b) $100,
Deduction of
moneys paid
under
1971, c. 78
and
R.S.0. 1970,
C.292
whichever is the greater.
(4) Notwithstanding subsection 3, when an amount of
money is payable to any such local municipality in the same
year in respect of any part of such land under The Provincial
Parks Municipal Tax Assistance Act, 1971 or under The
Municipal Tax Assistance Act, no payment shall be made
under this section in respect of that land.
Determina- (5) The annual determination required under subsection 1
tion for 1973 .
shall be made, for the purposes of payments in 1973, as soon
as is practicable after the coming into force of this Act.
deemed^^'^* 5. The assessment of a local municipality that receives
increased a payment under section 4 that is used for apportioning.
R.S.0. 1970,
0.32
{a) a county rate under section 72 of The Assessment Act
or
{b) a metropolitan or regional levy under any Act
establishing a metropolitan or regional municipality,
shall be deemed to be increased by an amount that would have
produced the amount of payment received by the taxation of
real property at the rate applicable to residential and farm
property in the preceding year for all purposes other than
school purposes.
Agreement
for fixed
assessment
6. — (1) Where the use of any land within the Parkway
Belt Planning Area is not in conformity with the use designated
for such land in the Parkway Belt Plan or in any local plan
covering such land, and the assessment of such land is in-
creased because of such designation, the local municipality in
which the land is situate and the owner of the land may,
with the approval of the Minister, enter into an agreement
providing for a fixed assessment for the land reflecting the
use to which the land is being put, to apply to taxation for
general, school and special purposes, but not to apply to
taxation for local improvements.
130
(2) Every such agreement shall be for such term of years al^^ment
not exceeding three as the Minister approves and the Minister
may, in granting his approval, attach such terms and conditions
thereto as he considers appropriate.
(3) Where a parcel of land has a fixed assessment under Procedure
subsection 1,
(a) the land shall be assessed in each year as if it did*^^®^^"^®°*^
not have a fixed assessment ;
{b) the treasurer of the local municipality shall calculate *^^®^
each year what the taxes would have been on the
land if it did not have a fixed assessment ; and
(c) the treasurer shall keep a record of the difference record
between the taxes paid each year and the taxes that
would have been paid if the land did not have a fixed
assessment and shall debit the land with this amount
each year during the term of the agreement and
shall add to such debit on the 1st day of January
in each year such interest as may be agreed upon on
the aggregate amount of the debit on such date.
(4) The Minister may, out of the moneys appropriated P^y^®?^j
therefor by the Legislature, pay in each year to a local paiity
municipality in respect of which an agreement made under
subsection 1 is in force, an amount of money equal to the
difference in the taxes paid pursuant to the agreement and
the taxes that would have been paid if the land covered by
the agreement did not have a fixed assessment.
(5) Where a local municipality receives an amount under Apportion-
subsection 4, the council of the local municipality shall
apportion the amount to each body in the same manner as
taxes would have been apportioned if taxes had been levied in
the normal manner on the assessment in accordance with clause
a of subsection 3.
(6) Where the land or a part thereof that is subject to when
11-4 1 agreement
an agreement under subsection 1 ceases to be put to the use terminated
that was the basis for determining the fixed assessment, the
agreement is thereupon terminated with respect to the land or
such part thereof.
(7) Any agreement entered into under subsection 1 may be ^j^^^^*^''**^^"^
registered against the land affected by the agreement and when agreement
registered such agreement runs with the land and the provisions
thereof are binding upon and enure to the benefit of the
owner of the land and, subject to the provisions of The^-^^-^^''^'
Registry Act, any and all subsequent owners of the land.
130
Termination (g) Where an agreement is for any reason terminated in
of agreement, ^ ' '-' -^
as to all respect of the whole of the land, the owner shall pay to the
local municipality the amount debited against the land,
including the amounts of interest debited in accordance with
clause c of subsection 3.
as to part (Q) Where an agreement is for any reason terminated in
respect of a part of the land, the owner shall pay to the
local municipality that portion of the amount debited against
the land, including the amounts of interest debited in
accordance with clause c of subsection 3, that is attributable
to the portion of the land in respect of which the agreement
is terminated.
Payment to (10) Where a local municipality receives a payment under
subsection 8 or 9, the treasurer of the local municipality shall
forthwith pay the amount of money received, including the
amount of debited interest, to the Minister.
Termination (H) An agreement may be terminated on the 31st day of
by owner December in any year upon the owner of the land that is the
subject of the agreement giving six months notice of such
termination in writing to the local municipality.
Apportion- (12) For the purposes of an apportionment required under
any Act, the assessment used as the basis for such apportion-
ment shall include the assessment determined under clause a of
subsection 3.
Regulations 7, — (1) Qn and after the day this Act comes into force,
the Minister may, in respect of any land within the Parkway
Belt Planning Area, make land use regulations and in any
such regulations the Minister may exercise any of the powers
conferred upon the Minister under clause a of subsection 1
of section 32 of The Planning Act, and notwithstanding sub-
section 4 of the said section 32, any such regulation may
be made that does not conform to a local plan in effect in
the area covered by the regulation.
R.S.0. 1970
C.349
Effective (2) Any regulation made by the Minister under subsection 1
regulations may be retroactive in its application and may provide that
it comes into force and has effect on and after a day not
earlier than the 4th day of June, 1973.
Commence- g Xhis Act shall be deemed to have come into force on the
ment
4th day of June, 1973.
Short title 9^ Xhjs Act may be cited as The Parkway Belt Planning and
Development Act, 1973.
130
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BILL 130 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to provide for Planning and Development
of the Parkway Belt
The Hon. J. White
Treasurer of Ontario and Minister of Economics
and Intergovernmental Affairs
{Reprinted as amended by the Resources Development Committee)
T O R O N 1 O
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
The Bill incorporates by reference the provisions of the Bill entitled
The Ontario Planning and Development Act, 1973, and relates specifically
to the development plan for the Parkway Belt Planning Area. The
Bill includes the same provisions respecting payments in lieu of taxes on
land owned by the Province and respecting fixed assessment agreements
as are found in the Bill entitled The Niagara Escarpment Planning and
Development Act, 1973. Land use regulations may be made by the Minister
in respect of any land within the Parkway Belt Planning Area.
130
BILL 130 1973
An Act to provide for
Planning and Development of the Parkway Belt
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows :
1. — (1) The Treasurer of Ontario and Minister of Economics ^^J^^^^^^^-
and Intergovernmental Affairs, herein called the Minister Parkway Beit
Pl3.TlTllIlEf
may, by order, establish as the Parkway Belt Planning Area Area
the area of land in Ontario defined in the order.
(2) Where the Parkway Belt Planning Area has been^ir^^cwo^i'y
established under subsection 1, the Minister shall include in^p prepare
the order a direction that there be carried out an investiga-Pian
tion and survey of the environmental, physical, social and
economic conditions in relation to the development of the
Planning Area or any part thereof, and that there be prepared
within a period of two years or such other period of time as
the Minister in his order determines, the Parkway Belt Plan.
(3) Where any order is made under subsection 1, the^^^®^^°j^|
Minister shall, on the day the order is made, or as soon Assembly
thereafter as is practicable, lay the order before the Assembly
if it is in session, or if not, at the commencement of the next
ensuing session and the Assembly shall, by resolution, declare
the order approved, revoked or varied. ^Hl
2. The Ontario Planning and Development Act, 797 J, Application
except section 12, applies mutatis mutandis, to the Parkway i973, c. .. .
Belt Planning Area, and the Parkway Belt Plan shall be
deemed to be a development plan within the meaning of that
Act.
3. — (1) Every local municipality whose jurisdiction in-^^^^^™^!^*-
cludes any part of the Parkway Belt Planning Area shall number of
annually, on or before the 1st day of February, determine and owned by
C*T'Own
advise the Minister of the number of acres to the nearest whole
acre of all land in such municipality situate within the Planning
Area and owned on the next preceding 1st day of January
by Her Majesty in right of Ontario.
130
?ioifby^^°^ (2) The Minister may revise the number of acres so deter-
Minister mined by a local municipality, and, where he does so, the
determination of the number of acres by the Minister is, for
the purposes of this section, final.
Payments (3^ Commencing with the year 1973, the Minister may, out
of the moneys appropriated therefor by the Legislature, pay
in each year to such municipality,
{a) $5 per acre for each of the first 100 acres of such
land and $2 per acre for each acre in excess of 100
acres up to a maximum of 10,000 acres ; or
(ft) $100,
whichever is the greater.
(4) Notwithstanding subsection 3, when an amount of
money is payable to any such local municipality in the same
year in respect of any part of such land under The Provincial
Parks Municipal Tax Assistance Act, 1971 or under The
Municipal Tax Assistance Act, no payment shall be made
under this section in respect of that land.
Determina- (5) The annual determination required under subsection 1
tlOn for 1973 , „ , , r i r • ^/^-7-^
shall be made, for the purposes of payments m 1973, as soon
as is practicable after the coming into force of this Act.
deemed^^"*' 4. The assessment of a local municipality that receives
increased a payment under section 3 that is used for apportioning,
Deduction of
moneys paid
under
1971, c. 78
and
R.S.0. 1970,
0.292
R.S.0. 1970,
0.32
{a) a county rate under section 72 of The Assessment Act ;
or
{b) a metropolitan or regional levy under any Act
establishing a metropolitan or regional municipality,
shall be deemed to be increased by an amount that would have
produced the amount of payment received by the taxation of
real property at the rate applicable to residential and farm
property in the preceding year for all purposes other than
school purposes.
Agreement
for fixed
assessment
5. — (1) Where the use of any land within the Parkway
Belt Planning Area is not in conformity with the use designated
for such land in the Parkway Belt Plan or in any local plan
covering such land, and the assessment of such land is in-
creased because of such designation, the local municipality in
which the land is situate and the owner of the land may,
with the approval of the Minister, enter into an agreement
providing for a fixed assessment for the land reflecting the
use to which the land is being put, to apply to taxation for
general, school and special purposes, but not to apply to
taxation for local improvements.
130
(2) Every such agreement shall be for such term of years agreement
not exceeding three as the Minister approves and the Minister
may, in granting his approval, attach such terms and conditions
thereto as he considers appropriate.
(3) Where a parcel of land has a fixed assessment under Procedure
subsection 1,
(a) the land shall be assessed in each year as if it did*^^®^^"^®°*
not have a fixed assessment ;
{b) the treasurer of the local municipality shall calculate *'^^®^
each year what the taxes would have been on the
land if it did not have a fixed assessment ; and
(c) the treasurer shall keep a record of the difference ^''^^^^'^
between the taxes paid each year and the taxes that
would have been paid if the land did not have a fixed
assessment and shall debit the land with this amount
each year during the term of the agreement and
shall add to such debit on the 1st day of January
in each year such interest as may be agreed upon on
the aggregate amount of the debit on such date.
(4) The Minister may, out of the moneys appropriated P^y^'^®?^
therefor by the Legislature, pay in each year to a local paiity
municipality in respect of which an agreement made under
subsection 1 is in force, an amount of money equal to the
difference in the taxes paid pursuant to the agreement and
the taxes that would have been paid if the land covered by
the agreement did not have a fixed assessment.
(5) Where a local municipality receives an amount under ^pportion-
subsection 4, the council of the local municipality shall
apportion the amount to each body in the same manner as
taxes would have been apportioned if taxes had been levied in
the normal manner on the assessment in accordance with clause
a of subsection 3.
(6) Where the land or a part thereof that is subject to when
1 1 • < , agreement
an agreement under subsection 1 ceases to be put to the use terminated
that was the basis for determining the fixed assessment, the
agreement is thereupon terminated with respect to the land or
such part thereof.
(7) Any agreement entered into under subsection 1 may be ^j®^^^*''^*'*°"
registered against the land affected by the agreement and when agreement
registered such agreement runs with the land and the provisions
thereof are binding upon and enure to the benefit of the
owner of the land and, subject to the provisions of The^f^^'^^'^^'
Registry Act, any and all subsequent owners of the land.
130
lands
of^a"re°ment ^^^ Where an agreement is for any reason terminated in
as to all respect of the whole of the land, the owner shall pay to the
local municipality the amount debited against the land,
including the amounts of interest debited in accordance with
clause c of subsection 3.
as to part (Q) Where an agreement is for any reason terminated in
respect of a part of the land, the owner shall pay to the
local municipality that portion of the amount debited against
the land, including the amounts of interest debited in
accordance with clause c of subsection 3, that is attributable
to the portion of the land in respect of which the agreement
is terminated.
Payment to (IQ) Where a local municipality receives a payment under
subsection 8 or 9, the treasurer of the local municipality shall
forthwith pay the amount of money received, including the
amount of debited interest, to the Minister.
Termination (H) An agreement may be terminated on the 31st day of
by owner December in any year upon the owner of the land that is the
subject of the agreement giving six months notice of such
termination in writing to the local municipality.
Apportion- (12) For the purposes of an apportionment required under
any Act, the assessment used as the basis for such apportion-
ment shall include the assessment determined under clause a of
subsection 3.
Regulations Q. — (1) Qn and after the day this Act comes into force,
the Minister may, in respect of any land within the Parkway
Belt Planning Area, make land use regulations and in any
such regulations the Minister may exercise any of the powers
conferred upon the Minister under clause a of subsection 1
of section 32 of The Planning Act, and notwithstanding sub-
section 4 of the said section 32, any such regulation may
be made that does not conform to a local plan in effect in
the area covered by the regulation.
R.S.0. 1970,
C.349
Effective
date of
regulations
(2) Any regulation made by the Minister under subsection 1
may be retroactive in its application and may provide that
it comes into force and has effect on and after a day not
earlier than the 4th day of June, 1973.
Commence-
ment
7. This Act shall be deemed to have come into force on the
4th day of June, 1973.
Short title
8. This Act may be cited as The Parkway Belt Planning and
Development Act, 1973.
130
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BILL 130
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to provide for Planning and Development
of the Parkway Belt
The Hon. J. White
Treasurer of Ontario and Minister of Economics
and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
BILL 130 1973
An Act to provide for
Planning and Development of the Parkway Belt
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts
as follows :
1. — (1) The Treasurer of Ontario and Minister of Economics ^^J^^^'^^^s^-
and Intergovernmental Affairs, herein called the Minister, Parkway Beit
, , ,1-1 T T-. 1 T-. 1 T-ki • * Planning
may, by order, establish as the Parkway Belt Plannmg Area Area
the area of land in Ontario defined in the order.
(2) Where the Parkway Belt Planning Area has been^i^j«°t^o°^y
established under subsection 1, the Minister shall include intppppare
' . . . Parkway Belt
the order a direction that there be carried out an investiga-Pian
tion and survey of the environmental, physical, social and
economic conditions in relation to the development of the
Planning Area or any part thereof, and that there be prepared
within a period of two years or such other period of time as
the Minister in his order determines, the Parkway Belt Plan.
(3) Where any order is made under subsection 1, the^^^®^^°j^|
Minister shall, on the day the order is made, or as soon Assembly
thereafter as is practicable, lay the order before the Assembly
if it is in session or, if not, at the commencement of the next
ensuing session and the Assembly shall, by resolution, declare
the order approved, revoked or varied.
2. The Ontario Planning and Development Act, / 97 J, A^P"cation
except section 12, applies mutatis mutandis, to the Parkway i973,c. 51
Belt Planning Area, and the Parkway Belt Plan shall be
deemed to be a development plan within the meaning of that
Act.
3. — (1) Every local municipality whose jurisdiction in-^etermina-
cludes any part of the Parkway Belt Planning Area shall number of
annually, on or before the 1st day of February, determine and owned by
advise the Minister of the number of acres to the nearest whole
acre of all land in such municipality situate within the Planning
Area and owned on the next preceding 1st day of January
by Her Majesty in right of Ontario.
130
Soifby^^'^* (2) The Minister may revise the number of acres so deter-
Minister mined by a local municipality, and, where he does so, the
determination of the number of acres by the Minister is, for
the purposes of this section, final.
Payments ^^ Commencing with the year 1973, the Minister may, out
of the moneys appropriated therefor by the Legislature, pay
in each year to such municipality,
(a) $5 per acre for each of the first 100 acres of such
land and $2 per acre for each acre in excess of 100
acres up to a maximum of 10,000 acres ; or
(b) $100,
whichever is the greater.
(4) Notwithstanding subsection 3, when an amount of
money is payable to any such local municipality in the same
year in respect of any part of such land under The Provincial
Parks Municipal Tax Assistance Act, 1971 or under The
Municipal Tax Assistance Act, no payment shall be made
under this section in respect of that land.
Determina- (5) The annual determination required under subsection 1
shall be made, for the purposes of payments in 1973, as soon
as is practicable after the coming into force of this Act.
Deduction of
moneys paid
under
1971, c. 78
and
R.S.0. 1970,
c. 292
deemed"^"* 4. The assessment of a local municipality that receives
increased a payment under section 3 that is used for apportioning.
R.S.0. 1970,
C.32
Agreement
for fixed
assessment
{a) a county rate under section 72 of The Assessment Act ;
or
(6) a metropolitan or regional levy under any Act
establishing a metropolitan or regional municipality,
shall be deemed to be increased by an amount that would have
produced the amount of payment received by the taxation of
real property at the rate applicable to residential and farm
property in the preceding year for all purposes other than
school purposes.
5. — (1) Where the use of any land within the Parkway
Belt Planning Area is not in conformity with the use designated
for such land in the Parkway Belt Plan or in any local plan
covering such land, and the assessment of such land is in-
creased because of such designation, the local municipality in
which the land is situate and the owner of the land may,
with the approval of the Minister, enter into an agreement
providing for a fixed assessment for the land reflecting the
use to which the land is being put, to apply to taxation for
general, school and special purposes, but not to apply to
taxation for local improvements.
130
(2) Every such agreement shall be for such term of years Jermof^^^
not exceeding three as the Minister approves and the Minister
may, in granting his approval, attach such terms and conditions
thereto as he considers appropriate.
(3) Where a parcel of land has a fixed assessment under Procedure
subsection 1,
(a) the land shall be assessed in each year as if it did*^^®^^™®"*
not have a fixed assessment ;
{b) the treasurer of the local municipality shall calculate ^^'^^^
each year what the taxes would have been on the
land if it did not have a fixed assessment ; and
(c) the treasurer shall keep a record of the difference record
between the taxes paid each year and the taxes that
would have been paid if the land did not have a fixed
assessment and shall debit the land with this amount
each year during the term of the agreement and
shall add to such debit on the 1st day of January
in each year such interest as may be agreed upon on
the aggregate amount of the debit on such date.
(4) The Minister may, out of the moneys appropriated ^^y^®?*.
therefor by the Legislature, pay in each year to a local paiity
municipality in respect of which an agreement made under
subsection 1 is in force, an amount of money equal to the
difference in the taxes paid pursuant to the agreement and
the taxes that would have been paid if the land covered by
the agreement did not have a fixed assessment.
(5) Where a local municipality receives an amount under Apportion-
subsection 4, the council of the local municipality shall
apportion the amount to each body in the same manner as
taxes would have been apportioned if taxes had been levied in
the normal manner on the assessment in accordance with clause
a of subsection 3.
(6) Where the land or a part thereof that is subject to when
, 1 , . 4 , , agreement
an agreement under subsection 1 ceases to be put to the use terminated
that was the basis for determining the fixed assessment, the
agreement is thereupon terminated with respect to the land or
such part thereof.
(7) Any agreement entered into under subsection 1 may be ^f^^i^*^''^"°"
registered against the land affected by the agreement and when agreement
registered such agreement runs with the land and the provisions
thereof are binding upon and enure to the benefit of the
owner of the land and, subject to the provisions of The'^f^^
Registry Act, any and all subsequent owners of the land.
130
1970,
lands
ofa"re°meiit ^^^ Where an agreement is for any reason terminated in
as to all respect of the whole of the land, the owner shall pay to the
local municipality the amount debited against the land,
including the amounts of interest debited in accordance with
clause c of subsection 3.
as to part (9) Where an agreement is for any reason terminated in
respect of a part of the land, the owner shall pay to the
local municipality that portion of the amount debited against
the land, including the amounts of interest debited in
accordance with clause c of subsection 3, that is attributable
to the portion of the land in respect of which the agreement
is terminated.
Payment to (IQ) Where a local municipality receives a payment under
subsection 8 or 9, the treasurer of the local municipality shall
forthwith pay the amount of money received, including the
amount of debited interest, to the Minister.
Termination (H) An agreement may be terminated on the 31st day of
by owner December in any year upon the owner of the land that is the
subject of the agreement giving six months notice of such
termination in writing to the local municipality.
Apportion- (12) For the purposes of an apportionment required under
any Act, the assessment used as the basis for such apportion-
ment shall include the assessment determined under clause a of
subsection 3.
Regulations Q. — (1) Qn and after the day this Act comes into force,
the Minister may, in respect of any land within the Parkway
Belt Planning Area, make land use regulations and in any
such regulations the Minister may exercise any of the powers
conferred upon the Minister under clause a of subsection 1
of section 32 of The Planning Act, and notwithstanding sub-
section 4 of the said section 32, any such regulation may
be made that does not conform to a local plan in effect in
the area covered by the regulation.
R.S.0. 1970
c. 349
Effective (2) Any regulation made by the Minister under subsection 1
regulations may be retroactive in its application and may provide that
it comes into force and has effect on and after a day not
earlier than the 4th day of June, 1973.
Commence-
ment
7. This Act shall be deemed to have come into force on the
4th day of June, 1973.
Short title g. Jhis Act may be cited as The Parkway Belt Planning and
Development Act, 1973.
130
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BILL 131 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend
The Regional Municipality of Niagara Act
The Hon. J. White
Treasurer of Ontario and Minister
of Economics and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
Section 1. The subsection is brought into conformity with The
Municipal Conflict of Interest Act, 1972.
Section 2. The amendments provide for the imposition of sewer rates
by the Regional Council on the area municipalities and provide alternative
methods for payment or levying of such charges by the area municipalities.
131
BILL 131 1973
An Act to amend
The Regional Municipality of Niagara Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
oUows :
1. Subsection 4 of section 22 of The Regional Municipality oJ^^^J^^^^
Niagara Act, being chapter 406 of the Revised Statutes of
Ontario, 1970, is amended by adding at the end thereof "but
nothing in this subsection prevents the payment of any moneys
under any contract in respect of which the member has complied
with section 2 of The Municipal Conflict of Interest Act, 1972" .
2. Section 54 of the said Act, as amended by the Statutes of Ontario, re-enacted
1971, chapter 77, section 1, is repealed and the following sub-
stituted therefor:
54. — (1) The Regional Council may by by-law from time^™gP*^^^^°°j_g
to time provide for imposing on and collecting from any area
municipality, in respect of the whole of such area munici-
pality or any designated part thereof from which sewage or
I land drainage, including storm drainage, is received, a sewer
rate sufficient to pay the whole, or such portion as the by-law
may specify, of the regional expenditures relating to the capital
cost of any work or watercourse assumed or constructed
by the Regional Corporation, or for extension or improvement
of such work, including debenture charges relating to such
capital cost, and if the council of any area municipality con-
siders itself aggrieved by the imposition of any rate under
this section it may appeal to the Municipal Board whose
decision shall be final.
(2) An area municipality may, Raisingof
^ ' r -7 ./ ' money by
/ \ 1 1 1 • 1 1 • areamuni-
[a) pay the amounts chargeable to it under subsection cipaiity
1 out of its general funds ; or
{b) subject to the approval of the Municipal Board,
may pass by-laws under section 362 of The Municipal ^IgP- ^^'^^'
Act for imposing sewer rates to recover the whole or
131
s. 58 (2).
repealed
any part of the amount chargeable to the area
municipahty in the same manner as if the work were
being or had been constructed, extended or improved
by the area municipahty, notwithstanding that in
the by-law authorizing the work there was no pro-
vision for imposing, with the approval of the Muni-
cipal Board, upon owners or occupants of land who
derive or will or may derive a benefit from the work
a sewer rate sufficient to pay the whole or a portion
or percentage of the capital cost of the work ; or
(c) include the whole or any part of an amount charge-
able to the area municipality as part of the cost oj
an urban service for the collection and disposal o]
sewage and land drainage chargeable within an urbar
service area established in the area municipality undei
any general or special Act.
3. Subsection 2 of section 58 of the said Act is repealed. |
s. 62a,
enacted
Payment of
charges
Discounts
and
penalties
s. 75a,
enacted
Bus lanes,
designation
by by-law
4. The said Act is amended by adding thereto the following section
62a. — (1) All rates and charges against an area muni;
cipality imposed under the authority of this Part are a deb
of the area municipality to the Regional Corporation, and thi
treasurer of every area municipality shall pay the same to th
financial officer of the Regional Corporation at the times and i
the amounts specified by by-law of the Regional Council.
(2) The Regional Council may by by-law provide fc
uniform rates of discount for prompt payment of charge
imposed under the authority of this Part and may by by-la
provide for interest in the event of default at a rate of 12 p<
cent per annum, or such lower rate as the Regional Councj
determines, while such default continues.
5. The said Act is furhter amended by adding thereto the followir
section :
75a. The Regional Council or the council of any an,
municipality may by by-law designate any lane on any rot!
over which it has jurisdiction as a lane solely or principally f'j
use by public transit motor vehicles and prohibit or regulaj
the use thereof by vehicles other than public transit mot!
vehicles to such extent and for such period or periods as mJ
be specified, and for the purpose of this section "public transi
motor vehicle" means a motor vehicle owned and operated b|
for or on behalf of the Regional Corporation or any ar|
municipality as part of a passenger transportation service. !
131
Section 3. Repeal of this subsection is followed by its replacement by a
more comprehensive section 62a which covers all debts or charges under this
Part of the Act.
Section 4. New section 62a replaces and goes beyond the repealed
subsection 2 of section 58, extending to all debts and charges under this Part
of the Act and providing for discounts and penalties in the matter of payment.
Section 5. Section 75a will enable the Regional Council or councils of
area municipalities to designate bus lanes on roads under their respective
jurisdictions and thereby facilitate the operation of transit systems.
131
Section 6. The amendments provide that members of the poHce force
retire at age 60, in the case of poHcemen, and at age 65, in the case of civiHan
employees. In addition, councils may make retirement allowances available
where they see fit to do so.
Section 7. Responsibility for key services needed in an emergency is
now divided between the regional and area municipalities. The addition of
subsections 3 and 4 to section 155 of the Act will enable the head of the
council of an area municipality to request the Regional Council to co-ordinate
and control the needed services to deal with the emergency.
Section 8. This amendment removes part of the declaration of qualifi-
cation now contained in The Municipal Conflict of Interest Act, 197Z.
131
6. — (1) Subsection 1 of section 112 of the said Act is amended |j^ig2^(J>'^
by striking out "subsections 2 to 5" in the seventh line
and inserting in lieu thereof "subsection 5".
(2) Clause h of subsection 3 of the said section 112 is repealed ^^^i^^^j^W,
and the following substituted therefor :
{h) with the exception of civilian employees and assist-
ants, be retired on the last day of the month in which
the member attains the age of sixty years.
(3) The said section 112 is amended by adding thereto the s. 112,
^ ' . ,, . , . •' " amended
followmg subsections :
(4) Every civilian employee and assistant of the Niagara ^®^i^®^®jj^g*
Regional Police Force shall be retired on the last day of the
month in which he attains the age of sixty-five years.
(5) Section 239 of The Municipal Act applies mutatis ^^^^^^^^^^
mutandis to the Niagara Police Board. c. 284, s. 239
7. Section 155 of the said Act is amended by adding thereto the s 155
. . J a amended
followmg subsections :
(3) Where an emergency situation exists in an area muni- ^^egio^ai
cipality which cannot be adequately dealt with under the ordination
existing division of statutory responsibilities, the Regional
Council may, at the request of the head of council of such
area municipality, co-ordinate and control or operate all
services, both of the Regional Corporation and of the area
municipality, required to deal with such emergency.
(4) For the purposes of The Emergency Measures Act, ^^^^l^^^x,\on
Regional Corporation shall be deemed to be a county and the deemed a
countv
area municipalities shall be deemed to be local municipalities r.s.o. 1970,
that form part of the county for municipal purposes.
(5) Where any service is provided by the Regional Cor- ^°^*j^fj^
poration under subsection 3, the Regional Council may charge service
the area municipality the cost of providing such service.
8. Paragraph 4 of Form 2 of the said Act is repealed. ^o^'J 2,
repealed
9. This Act comes into force on the day it receives Royal Assent. m°e™t"^°°^
0. This Act may be cited as TJie Regional Municipality of Niagara short title
Amendment Act, 1073.
131
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BILL 131
3rd Session, 29th Legislature, Ontario
22 Elizabeth II. 1973
An Act to amend
The Regional Municipality of Niagara Act
w
The Hon. J. White
Treasurer of Ontario and Minister
of Economics and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
IILL 131 1973
An Act to amend
The Regional Municipality of Niagara Act
JER MAJESTY, by and with the advice and consent of the
^ Legislative Assembly of the Province of Ontario, enacts as
illows :
1. Subsection 4 of section 22 of The Regional Municipality oJ^^^J^^^^
Niagara Act, being chapter 406 of the Revised Statutes of
Ontario, 1970, is amended by adding at the end thereof "but
nothing in this subsection prevents the payment of any moneys
under any contract in respect of which the member has complied
with section 2 of The Municipal Conflict of Interest Act, 1972" .
2. Section 54 of the said Act, as amended by the Statutes of Ontario, re^iiacted
1971, chapter 77, section 1, is repealed and the following sub-
stituted therefor :
54. — (1) The Regional Council may by by-law from time^™P*^^^^°^^^g
to time provide for imposing on and collecting from any area
I municipality, in respect of the whole of such area munici-
I pality or any designated part thereof from which sewage or
land drainage, including storm drainage, is received, a sewer
rate sufficient to pay the whole, or such portion as the by-law
may specify, of the regional expenditures relating to the capital
cost of any work or watercourse assumed or constructed
by the Regional Corporation, or for extension or improvement
of such work, including debenture charges relating to such
capital cost, and if the council of any area municipality con-
siders itself aggrieved by the imposition of any rate under
this section it may appeal to the Municipal Board whose
decision shall be final.
(2) An area municipality may, Raising of
^ ' t- J J ' money by
. . , , 1 1 • 1 1 • area muni-
[a) pay the amounts chargeable to it under subsection cipaiity
1 out of its general funds ; or
{b) subject to the approval of the Municipal Board,
may pass by-laws under section 362 of The Municipal ^fo?- ^^'^°'
Act for imposing sewer rates to recover the whole or
131
any part of the amount chargeable to the are
municipality in the same manner as if the work wei
being or had been constructed, extended or improve
by the area municipality, notwithstanding that i
the by-law authorizing the work there was no pr<
vision for imposing, with the approval of the Mun
cipal Board, upon owners or occupants of land wh
derive or will or may derive a benefit from the wor
a sewer rate sufficient to pay the whole or a portic
or percentage of the capital cost of the work ; or I
8. 58 (2),
repealed
(c) include the whole or any part of an amount charg
able to the area municipality as part of the cost
an urban service for the collection and disposal
sewage and land drainage chargeable within an urb<
service area established in the area municipality und
any general or special Act.
3. Subsection 2 of section 58 of the said Act is repealed.
8.620,
enacted
Payment of
charges
Discounts
and
penalties
8.75a,
enacted
4. The said Act is amended by adding thereto the following sectio
62a. — (1) All rates and charges against an area muij
cipality imposed under the authority of this Part are a de
of the area municipality to the Regional Corporation, and t
treasurer of every area municipality shall pay the same to t :
financial officer of the Regional Corporation at the times andli
the amounts specified by by-law of the Regional Council.
(2) The Regional Council may by by-law provide
uniform rates of discount for prompt payment of char^
imposed under the authority of this Part and may by by-1
provide for interest in the event of default at a rate of 12 ]
cent per annum, or such lower rate as the Regional Cour
determines, while such default continues.
5. The said Act is furhter amended by adding thereto the foUowi
section :
Bus lanes,
designation
by by-law
75a. The Regional Council or the council of any aii
municipality may by by-law designate any lane on any rcl
over which it has jurisdiction as a lane solely or principally |r
use by public transit motor vehicles and prohibit or regulje
the use thereof by vehicles other than public transit moir
vehicles to such extent and for such period or periods as nj/
be specified, and for the purpose of this section "public trar t
motor vehicle" means a motor vehicle owned and operated i .
for or on behalf of the Regional Corporation or any aja
municipality as part of a passenger transportation service. [
131
6. — (1) Subsection 1 of section 112 of the said Act is ^.mended^^^^^l'^
by striking out "subsections 2 to 5" in the seventh Hne
and inserting in heu thereof "subsection 5".
(2) Clause b of subsection 3 of the said section 112 is repealed ^^ii^^^m^),
and the following substituted therefor :
(b) with the exception of civilian employees and assist-
ants, be retired on the last day of the month in which
the member attains the age of sixty years.
(3) The said section 112 is amended by adding thereto the s- 112. ^
,,,.,. amended
following subsections :
(4) Every civilian employee and assistant of the Niagara ^j^^*^®^®jj^g^
Regional Police Force shall be retired on the last day of the
month in which he attains the age of sixty-five years.
(5) Section 239 of The Municipal Act applies ww/a^is Appncation^
mutandis to the Niagara Police Board. c. 284, s. 239
7. Section 155 of the said Act is amended by adding thereto the|-j^55^^g^
following subsections :
(3) Where an emergency situation exists in an area muni- ^6«^o°*i
cipality which cannot be adequately dealt with under the ordination
..-',... , ■* -^ ..... . 1 T-» • , of measures
existing division of statutory responsibilities, the Kegional
Council may, at the request of the head of council of such
area municipality, co-ordinate and control or operate all
services, both of the Regional Corporation and of the area
municipality, required to deal with such emergency.
(4) For the purposes of The Emergency Measures Act, the ^®^°°*Jjjj^
Regional Corporation shall be deemed to be a county and the deemed a
countv
area municipalities shall be deemed to be local municipalities R.s.o. 1970,
that form part of the county for municipal purposes.
(5) Where any service is provided by the Regional Cor- ^°^^^fj^^
poration under subsection 3, the Regional Council may charge service
the area municipality the cost of providing such service.
8. Paragraph 4 of Form 2 of the said Act is repealed. par'4 ^'
repealed
0. This Act comes into force on the day it receives Royal Assent. m^^™^°^^
10. This Act may be cited as The Regional Municipality of Niagara^^°^^^^^^
Amendment Act, 1973.
131
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BILL 132 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend
The Municipality of Metropolitan Toronto Act
The Hon. J. White
Treasurer of Ontario and Minister
of Economics and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
Section 1. The subsection is brought into conformity with The
Municipal Conflict of Interest Act, 1972.
Section 2. Complementary to section 3 of the Bill.
Section 3. The application of section 194 and subsections 2 and 3 of
section 209 of The Municipal Act to the Metropolitan Council broadens the
power of Council in the appointment of a person to act in the place of the
Chairman during his absence or illness or if the office is vacant.
Section 4. The amendment takes into account the provisions respecting
disclosure and abstention from voting where a member of the Council has a
pecuniary interest in a contract, etc., now found in The Municipal Conflict
of Interest Act, 1972.
Section 5. The portion of the Township of Pickering described in the
added subsection is annexed to the Borough of Scarborough.
132
JILL 132 1973
An Act to amend
The Municipality of Metropolitan Toronto Act
TER MAJESTY, by and with the advice and consent of the
~M. Legislative Assembly of the Province of Ontario, enacts as
Hows :
1. Subsection 5 of section 6 of The Municipality of M etropolitan^-^_^^^^^^^
Toronto Act, being chapter 295 of the Revised Statutes of
Ontario, 1970, is repealed and the following substituted therefor:
(5) No business shall be proceeded with at the first meeting of®o^c^"°°
until after the declarations of office in Form 20 of The Municipal r.s.o. 1970,
Act have been made by all members who present themselves ^' ^^
for that purpose.
2. Section 16 of the said Act is repealed. Repealed
3. Subsection 2 of section 17 of the said Act is repealed and the ^e-Inlcted
following substituted therefor :
(2) Sections 190, 194, 200 and subsections 2 and 3 of section i'*®'"
209 of The Municipal Act apply mutatis mutandis to the
Metropolitan Council and to every local board of the Metro-
politan Corporation.
14. Subsection 3 of section 21 of the said Act is amended by adding |j^ended
at the end thereof "but nothing in this subsection prevents the
payment of any moneys under any contract in respect of which
the member has complied with section 2 of The Municipal
Conflict of Interest Act, 1972.
5. Section 148 of the said Act is amended by adding thereto thesi48,
,,,.,. J t3 amended
loUowmg subsection :
(la) On the 1st day of January, 1974, that portion of the Portion of
Township of Pickering described as follows is annexed to The annexed to
Corporation of the Borough of Scarborough : Scarborough
Commencing at a point in the western boundary of the Town-
ship of Pickering, where it is intersected by the middle of
the main channel of the Little Rouge Creek ;
32
Form 2,
par. 4,
repealed
Pedestrian
promenades,
Yonge St.
Idem,
Trinity
Square,
etc.
Contribution
by City
toward costs
Thence in a general southeasterly direction following th(
middle of the main channels of the Little Rouge Creek and the
Rouge River to its mouth at Lake Ontario ;
Thence southerly on the same course as the western boundaf)
of the Township of Pickering to the International Bound^
V 4« . between Canada and the United States of America ; f:
Thence westerly along the said International Boundary t^
the southwest angle of the Township of Pickering ;
Thence northerly along the west boundary of the Townshi]
of Pickering, being along the boundary between the Townshi]
of Pickering and the Borough of Scarborough to the poin
of commencement.
6. Paragraph 4 of Form 2 of the said Act is repealed.
7. — (1) The Metropolitan Council may pass by-laws for establish
ing any part or parts of Yonge Street in the City of Toront
between the south limit of Gerrard Street and the nort
limit of King Street solely or principally as a pedestria
promenade for such period or periods between the 20t
day of June and the 12th day of September in the year 197
as the Council may determine, and for prohibiting the ml
thereof by vehicles or any class thereof except to sue
extent and for such period or periods as may be specifie
and for permitting the use of the said part of Yonge Stre<
and the obstruction thereof by such persons and in sue
manner and to such extent as the Metropolitan Counc
may consider desirable.
(2) The council of The Corporation of the City of ToronI
may pass by-laws for establishing all of Trinity Squai
and the parts of those parts of those streets under tl
jurisdiction of the said council intersecting that pa
of Yonge Street between the south limit of Gerrard Stre
and the north limit of King Street within 200 feet of Yon{
Street solely or principally as pedestrian promenad
for such period or periods between the 20th day of June ar
the 12th day of September in the year 1973 as the coum
may determine, and for prohibiting the use thereof 1
vehicles or any class thereof except to such extent at
for such period or periods as may be specified and f
permitting the use and obstruction thereof by such persol
and in such manner and to such extent as the said couni
may consider desirable. I
(3) The Corporation of the City of Toronto mav contrihiij
toward the cost of the establishment and maintenance
any pedestrian promenade established by the Metropolit
Council under the provisions of subsection 1 .
132
Section 6. The matters embodied in the repealed paragraph are now
governed by The Municipal Conflict of Interest Act, 1972.
Section 7. Authority is provided for the establishing of pedestrian
malls on and adjacent to a designated portion of Yonge Street between June
20th and September 12th in 1973.
132
Section 8. Self-explanatory.
132
(4) Notwithstanding the provisions of any general or special ^^^^ *g°
Act, no person shall be entitled to recover any damages ^y''®^^/^'^
or compensation from the Metropolitan Corporation or of promenade
The Corporation of the City of Toronto for loss of business
or for loss of access to or from Yonge Street or any other
street arising from the exercise by the Metropolitan
Corporation and The Corporation of the City of Toronto
of their powers under this section.
(5) Section 466 of The Municipal Act applies to any by-law ^PPi|<^gtion
enacted pursuant to subsection 2 or 6. i970, c. 284,
^ S.466
(6) The Metropolitan Council with respect to any pedestrian By-iaws
promenade established under subsection 1 and the council of
The Corporation of the City of Toronto with respect to any
pedestrian promenade established under subsection 2 may
pass by-laws,
{a) prohibiting or regulating and licensing the hawking,
peddling or selling of any goods, wares, merchandise
or food thereon ;
{h) prohibiting or regulating and licensing the use of any
public address systems, sound equipment, loud
speakers or similar devices thereon or on lands
adjacent thereto;
(c) prohibiting or regulating and licensing any display,
exhibition or advertising thereon ;
[d) prohibiting or regulating and licensing the distribution
or sale of literature, pamphlets, play bills or ad-
vertising thereon ; and
{e) providing for the issue of licences with respect to
any of the foregoing uses, including the authorization
of the issue of licences by such official or officials
of the Metropolitan Corporation or of The Corporation
of the City of Toronto as may be named in the by-law
and for prescribing the fees for such licences.
(7) Where a by-law has been passed by the Metropolitan ^^|°*°g°
Council or the council of The Corporation of the City ofLfcenifn
Toronto prohibiting any of the uses set forth in clause commission
a, b, c or d of subsection 6, any licence issued by the
Metropolitan Licensing Commission respecting any such use
shall not be effective to permit such use on any pedestrian
promenade established under this section.
Indemnifl-
8. Ihe Metropolitan Council may, to such extent as it thinks fit, cation of
,, , , . 1 1 1 TT1 • • ^ T ^ Ukrainian
pay the legal costs mcurred by the Ukramian Canadian Com-canadian
Committee
mittee in respect of the inquiry held by His Honour Judge I. A.
Vannini, as a Commissioner under The Public Inquiries Act,
being chapter 379 of the Revised Statutes of Ontario, 1970,
into the circumstances respecting the conduct of the public
and the members of the Metropolitan Toronto Police Force
at or in the vicinity of the Ontario Science Centre on the
25th day of October, 1971.
Commence- 9^ fhis Act comes iuto force on the day it receives Royal Assent/
Short title iQ. This Act may be cited as The Municipality of Metropolitan
Toronto Amendment Act, 1973. I
132
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BILL 132
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend
The Municipality of Metropolitan Toronto Act
The Hon. J. White
Treasurer of Ontario and Minister
of Economics and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
BILL 132 1973
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
ollows :
1. Subsection 5 of section 6 of The Municipality of M etropolitan^-^_^^^^^^^
Toronto Act, being chapter 295 of the Revised Statutes of
Ontario, 1970, is repealed and the following substituted therefor:
(5) No business shall be proceeded with at the first meeting q ®o^ce**°°
until after the declarations of office in Form 20 of The Municipal r.s.o. 1970,
Act have been made by all members who present themselves^' ^
for that purpose.
2. Section 16 of the said Act is repealed. repealed
3. Subsection 2 of section 17 of the said Act is repealed and the ^e-enacted
following substituted therefor :
(2) Sections 190, 194, 200 and subsections 2 and 3 of section ^^^^^
209 of The Municipal Act apply mutatis mutandis to the
Metropolitan Council and to every local board of the Metro-
politan Corporation.
4. Subsection 3 of section 21 of the said Act is amended by adding Ir^e^^^^e^
at the end thereof "but nothing in this subsection prevents the
payment of any moneys under any contract in respect of which
the member has complied with section 2 of The Municipal
Conflict of Interest Act, 1972.
5. Section 148 of the said Act is amended bv adding thereto the^-i^^,
J. , . . -^ " amended
toUowmg subsection :
{\a) On the 1st day of January, 1974, that portion of the Portion of
Township of Pickering described as follows is annexed to The annexed to
Corporation of the Borough of Scarborough : ^^"^ °^°^^
Commencing at a point in the western boundary of the Town-
ship of Pickering, where it is intersected by the middle of
the main channel of the Little Rouge Creek ;
132
Form 2,
par. 4,
repealed
Pedestrian
promenades,
Yonge St.
Idem,
Trinity
Square,
etc.
Contribution
by City
toward costs
Thence in a general southeasterly direction following the
middle of the main channels of the Little Rouge Creek and the
Rouge River to its mouth at Lake Ontario ;
Thence southerly on the same course as the western boundary
of the Township of Pickering to the International Boundary
between Canada and the United States of America ; <
Thence westerly along the said International Boundary to
the southwest angle of the Township of Pickering ;
Thence northerly along the west boundary of the Township
of Pickering, being along the boundary between the Township
of Pickering and the Borough of Scarborough to the point
of commencement. i
6. Paragraph 4 of Form 2 of the said Act is repealed.
7. — (1) The Metropolitan Council may pass by-laws for establish
ing any part or parts of Yonge Street in the City of Toront(
between the south limit of Gerrard Street and the nortl
limit of King Street solely or principally as a pedestriai
promenade for such period or periods between the 20tl
day of June and the 12th day of September in the year 197.
as the Council may determine, and for prohibiting the usj
thereof by vehicles or any class thereof except to sue
extent and for such period or periods as may be specifier
and for permitting the use of the said part of Yonge Stree
and the obstruction thereof by such persons and in sue
manner and to such extent as the Metropolitan Counc
may consider desirable.
(2) The council of The Corporation of the City of Toront]
may pass by-laws for establishing all of Trinity Squaij
and the parts of those parts of those streets under th
jurisdiction of the said council intersecting that pai
of Yonge Street between the south limit of Gerrard Stre(
and the north limit of King Street within 200 feet of Yon^
Street solely or principally as pedestrian promenadi
for such period or periods between the 20th day of June ar
the 12th day of September in the year 1973 as the counc
may determine, and for prohibiting the use thereof t
vehicles or any class thereof except to such extent arj
for such period or periods as may be specified and f
permitting the use and obstruction thereof by such persoi
and in such manner and to such extent as the said count!
may consider desirable.
(3) The Corporation of the City of Toronto mav rontribti
toward the cost of the establishment and maintenance
any pedestrian promenade established by the Metropolit
Council under the provisions of subsection 1 .
132
(4) Notwithstanding the provisions of any general or special ^J^g^A5g°
Act, no person shall be entitled to recover any damages by reason
of Cr6£LtjlO]l
or compensation from the Metropolitan Corporation or of promenade
The Corporation of the City of Toronto for loss of business
or for loss of access to or from Yonge Street or any other
street arising from the exercise by the Metropolitan
Corporation and The Corporation of the City of Toronto
of their powers under this section.
(5) Section 466 of The Municipal Act applies to any by-law ^PP^I^ation
(6)
enacted pursuant to subsection 2 or 6.
1970, c. 284,
S.466
The Metropolitan Council with respect to any pedestrian By-iaws
promenade established under subsection 1 and the council of
The Corporation of the City of Toronto with respect to any
pedestrian promenade established under subsection 2 may
pass by-laws,
{a) prohibiting or regulating and licensing the hawking,
peddling or selling of any goods, wares, merchandise
or food thereon ;
[h] prohibiting or regulating and licensing the use of any
public address systems, sound equipment, loud
speakers or similar devices thereon or on lands
adjacent thereto;
(c) prohibiting or regulating and licensing any display,
exhibition or advertising thereon ;
{d) prohibiting or regulating and licensing the distribution
or sale of literature, pamphlets, play bills or ad-
vertising thereon ; and
(7)
{e) providing for the issue of licences with respect to
any of the foregoing uses, including the authorization
of the issue of licences by such official or officials
of the Metropolitan Corporation or of The Corporation
of the City of Toronto as may be named in the by-law
and for prescribing the fees for such licences.
Where a by-law has been passed by the Metropolitan ^^l^^^g'^
Council or the council of The Corporation of the City ofj^su^^^j'y
Toronto prohibiting any of the uses set forth in clause commission
a, b, c or d of subsection 6, any licence issued by the
Metropolitan Licensing Commission respecting any such use
shall not be effective to permit such use on any pedestrian
promenade established under this section.
Indemnlfl-
8. The Metropolitan Council may, to such extent as it thinks fit, cation of
,1,, ■ 1 1 1 T Ti • • /- T ,- Ukrainian
pay the legal costs incurred by the Ukrainian Canadian Com-canadian
Committee
32
mittee in respect of the inquiry held by His Honour Judge I. A.
Vannini, as a Commissioner under The Public Inquiries Act,
being chapter 379 of the Revised Statutes of Ontario, 1970,
into the circumstances respecting the conduct of the public
and the members of the Metropolitan Toronto Police Force
at or in the vicinity of the Ontario Science Centre on the
25th day of October, 1971.
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 Municipality of Metropolitat.
Toronto Amendment Act, 1973.
132
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BILL 133 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Ontario Energy Board Act
The Hon. W. G. Davis
Premier
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
Section 1. Self-explanatory.
Section 2. The present provision for a maximum of five members of the
Board is removed and the minimum is increased to five members.
Section 3. Section 8 of the Act provides for the appointment of
experts to assist the Board. The amendment will permit the Board, rather
than the Lieutenant Governor in Council, to make such appointments.
Section 4. The amendment is complementary to section 23 of the
Act which requires the Minister of Natural Resources to refer certain
applications to the Board.
Section 5. — Subsection 1. The amendment adds to the circumstances
under which the Board may give prompt approval to rate changes without
determining a rate base.
133
BILL 133 1973
An Act to amend The Ontario Energy Board Act
[TER MAJESTY, by and with the advice and consent of the
Lx Legislative Assembly of the Province of Ontario, enacts as
)llows :
1. Paragraph 9 of section 1 of The Ontario Energy Board Act,^^^ ^
being chapter 312 of the Revised Statutes of. Ontario, 1970, re-enacted
is repealed and the following substituted therefor:
9. "Minister" means the Minister of Energy.
2. Subsection 1 of section 2 of the said Act is repealed and thes-2(i),
following substituted therefor :
(1) The Ontario Energy Board is continued and shalP°*'"d,
^ '. "-^ composition
consist of as many members, not fewer than five, as the
Lieutenant Governor in Council may from time to time
determine.
i 3. Section 8 of the said Act is amended by striking out "Lieutenants- 8,
Governor in Council" in the first line and inserting in lieu
I thereof "Board".
4. Subsection 3 of section 13 of the said Act is amended by inserting^ i3 (3),
after "Minister" in the second line "or by the Minister of
Natural Resources".
5. — (1) Clauses h and c of subsection 7 of section 19 of the saidsi9W(*.c).
Act are repealed and the following substituted therefor :
{h) in the case of the approval or fixing of rates or other
charges that, in the opinion of the Board, are of
limited application and not unjust or unreasonable
in relation to the other rates and charges then being
charged by the transmitter, distributor or storage
company ;
(c) in the case of the approval or fixing of prompt-
payment discounts or delay ed-payment penalties;
133
{d) in the case of a transmitter, distributor or stoni:
company that is selhng, transmitting, distribut ;
or storing gas, as the case may be, at a loss ; L
{e) in the case of an apphcation that does not contaiii
request for an increase in the rates or other chari?
then being charged for the sale, transmissi ,
distribution or storage of gas by the transmit ,
distributor or storage company ;
if)
ig)
in the case of the approval or fixing of increaid
rates or other charges of a gas transmitter, Is
distributor or storage company where the purpose ; d
effect of increasing the rates or other charge;iis
to permit the gas transmitter, gas distributor ir
storage company to recover all or part of increajs,
approved, fixed, authorized or permitted by or uri;r
any statute, in the cost of gas purchased bypr
transmitted or stored for him or it ; or
in the case of an order under subsection 8 of sec t:
15 or subsection 1 1 of this section.
J
s. 19 (8),
amended
S.21,
amended
Application
of section
R.S.0. 1970,
0.154
s. 22 (2),
amended
8.23,
amended
Interpre-
tation
(2) Subsection 8 of the said section 19 is amended by stril
out "entered into prior to the 1st day of January, 1^
in the fifth line.
6. Section 21 of the said Act is amended by adding thereto
following subsection :
(5) This section applies notwithstanding subsections 2 a
of section 46 of The Expropriations Act.
7. Subsection 2 of section 22 of the said Act is amended by stri
out "a transmitter or distributor" in the third line and insei
in lieu thereof "any person".
8. Section 23 of the said Act is amended by adding theretc
following subsection :
(3) In this section, "Minister" means the Ministe of|
Natural Resources.
8. 26 (1),
amended
9.
;i) Subsection 1 of section 26 of the said Act is ameled
by adding "or" at the end of clause a, by strikin^)"^
"or" at the end of clause b and by striking out clause
8. 26 (2, 3),
re-enacted
(2) Subsections 2 and 3 of the said section 26 are repeale{!ind
the following substituted therefor : i
133
Subsection 2. Subsection 8 of section 19 of the Act provides that the
Board is not bound by the terms of any contract entered into prior to the
1st day of January, 1965, which was the date that The Ontario Energy Board
Act, 1964 came into force.
For clarification, the amendment removes the reference to the date the
Act came into force and leaves the statement in the subsection that the Board is
not bound by the terms of any contract.
Section 6. The amendment removes possible doubt about the Ontario
Energy Board's jurisdiction to determine compensation in respect of the use of
gas storage areas.
Section 7. The provision amended requires the approval of the Board
to agreements between a storage company and a transmitter or distributor
for the storage of gas. This is extended to include anyone else entering into
such an agreement with a storage company.
Section 8. The permit referred to in section 23 is a permit under
The Petroleum Resources Act, 197 1. That Act is administered by the Minister
of Natural Resources.
Section 9. The amendments widen the definition of "associates" for
the purposes of this section. The existing section only applies to gas trans-
mitters, distributors and storage companies. As amended, the section will
apply to any person.
133
(2) No person, without first obtaining the leave of the^j<^^^^sition
Lieutenant Governor in Council, shall acquire such number control
of any class of shares of a gas transmitter, gas distributor
or storage company that together with shares already held by
such person or by such person and an associate or associates of
such person will in the aggregate exceed 20 per cent of the shares
outstanding of that class of the gas transmitter, gas distributor
or storage company.
(3) This section does not apply to a mortgage or charge to ^o"^**^*^®^
secure any loan or indebtedness or to secure any bond,
debenture or other evidence of indebtedness.
(4) An application for leave under this section shall be made bearing
to the Board, which shall hold a public hearing and submit
its report and opinion to the Lieutenant Governor in Council.
(5) Notwithstanding any other provision of this Act, in this ^°*?qP''®'
section, "associate", when used to indicate a relationship with
any person or company, means,
(a) a person who has the power to direct or cause to be
directed the management and policies of the company ;
(b) a company whose management and policies the person
has the power to direct or to cause to be directed ;
(c) another company whose management and policies
are subject to a power to direct or to cause to be
directed by a person who also has power to direct
or cause to be directed the management and policies
of the company ;
{d) a partner of that person or company acting by or for
the partnership of which they are both partners ;
{e) a trust or estate in which such person or company
has a substantial beneficial interest or as to which
such person or company serves as trustee or in a
similar capacity ;
(/) a spouse, son or daughter of that person ;
{g) a relative of such person or of his spouse, other than
a relative referred to in clause / who has the same
home as such person ; or
{h) any person who is obligated to act in concert with
such person in exercising voting rights in respect of
the shares of a company.
13
S.33,
amended
Proviso
10. Section 33 of the said Act is amended by adding thert
the following subsection :
(7) This section does not apply to an order made by t
Board in respect of the conduct of a proceeding under secti
37a.
S.34,
amended
11. Section 34 of the said Act is amended by striking out "sixt
in the second line and inserting in lieu thereof "twenty-eight"!
s. 37a,
enacted
Interpre-
tation
12. The said Act is amended by adding thereto the following secti(i;
37a. — (1) In this section, "customer" means an industijl
customer of The Hydro-Electric Power Commission of Ontaj)
having an average annual power demand of 5,000 kilowalj
or more or a municipal corporation or municipal eled:
utility commission.
Proposal by
The Hydro-
Electric
Power
Commission
Of Ontario
to change
rates or
charges
Idem,
public
hearing
by Board
Idem
(2) Where The Hydro-Electric Power Commission of Ontcj)
proposes to change, effective on or after the 1st day of Janua ,
1975, any of its rates or charges for any customer, it sU
submit the proposal to the Minister not less than eight mon s
before the date that the change is proposed to come into efl t
and the Minister shall refer the proposal to the Board.
(3) Where a proposal is referred to the Board by the Mini;
pursuant to subsection 2, the Board forthwith by pu
advertisement shall give at least twenty days notice of
shall hold a public hearing with respect to the proposal
shall make a report or an interim report thereon to the Mini'
at least four months before the proposed effective date of s
change and where the Board makes an interim report wil
such time it shall make a final report as soon as poss
thereafter.
(4) The Minister at any time may refer to the Board
addition to any proposed changes in rates or charges mentio
in subsection 2,
(a) any existing or proposed rates or charges of |w
Hydro-Electric Power Commission of Ontario t(ts
customers or any class thereof ;
(6) any matter in any way affecting or related to Tf■i^
or charges by The Hydro-Electric Power Commis!)n
of Ontario to its customers including, without limipg
the generality of the foregoing, principles ji"
practices respecting power costing, rate inal<|g
financing, service reliability, system expansion |io
operations ; or i
133
Section 10. The subsection prevents appeals related to procedural
orders of the Board with respect to the conduct of public hearings pursuant
to new section 37a of the Act.
Section 11. The time for filing a petition to the Lieutenant Governor
in Council with respect to an order or decision of the Board is reduced from sixty
to twenty-eight days.
Section 12. The section provides a forum for public scrutiny of rate
increase proposals by The Hydro-Electric Power Commission of Ontario
affecting its customers before such increases become effective.
The Hydro-Electric Power Commission of Ontario is required to submit
proposals for rate increases that it proposes to have come into effect on or
after January 1st, 1975 to the Minister who must refer them to the Ontario
Energy Board for the purpose of a public hearing and report.
The Minister may also require the Board to hold a public hearing with
respect to any matter mentioned in subsection 4 of the section.
Section 13. The section repealed provides that decisions of the Board
are final and conclusive. The provision conflicts with certain appeal
provisions in the Act and its deletion was recommended by the third report
of the Royal Commission Inquiry into Civil Rights (Volume 5, page 1948,
recommendation 23).
133
(c) the principles used by or appropriate for use by The
Hydro-Electric Power Commission of Ontario in the
exercise of any power to approve, determine or fix
rates or other charges under section 91, 93 or 96
of The Power Commission A ct, ^'fs?' ^^''°'
and the Board shall hold a public hearing at which it shall
investigate and examine into the matter referred to it and
shall then report thereon to the Minister.
(5) The power of the Minister set out in clause a of subsection Proviso
4 does not apply to rates or charges in effect before the 1st
day of January, 1975.
(6) A reference under this section may be general or^®^^^^"''^
particular in terms and may specify criteria or factors to general or
I3d>I*tjlCU.ld>I*
guide the Board in making its investigation, examination
I J and report.
(7) The Board may at any time give directions as to the ^^^1^*^*^"^^
nature and extent of interventions by persons interested in
a matter that is to be the subject of a public hearing held
pursuant to this section, may set aside for future examination
any issue that in its opinion requires a more prolonged
examination and may make interim reports pending its final
report with respect to the subject-matter of any reference.
(8) The Board may appoint from among a class of retail ^^^^fj^^^i^gg
customers of The Hydro-Electric Power Commission of Ontario representa-
having, in the opinion of the Board, a common interest, a
person to represent that class at the hearing where it appears
to the Board that the appointment should be made so that
the class can be heard, but any other member of the class for
which such appointment was made may be heard notwith-
standing the appointment.
(9) An interim or final report of the Board under this section Report of
shall contain a summary of the information presented and the^°*'^*^
views expressed at the public hearing together with the
opinion of the Board and its reasons therefor with respect
to the matter or matters reported on and the signatures
of the members of the Board making the report, and the
Board shall deliver a copy of the report to The Hydro-
Electric Power Commission of Ontario forthwith after its
making.
(10) Upon delivery of a report under this section, the Public
Board shall make reasonable arrangements for inspection or of report
purchase of copies by the public.
13. Section 46 of the said Act is repealed. ?ei^'aied
133
Commence- j^ jj^jg Act comes into force on a day to be named by the
ment -m. ^. , , • i ■
Lieutenant Governor by his proclamation.
Short title jg^ j^jg ^^^ j^ay be cited as The Ontario Energy Board Amendment
Act, 1973.
133
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BILL 133
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Ontario Energy Board Act
The Hon. W. G. Davis
Premier
TORONTO
Printed and Published by the Queen's Printer and Publisher
JILL 133 1973
An Act to amend The Ontario Energy Board Act
JER MAJESTY, by and with the advice and consent of the
^ Legislative Assembly of the Province of Ontario, enacts as
)llows :
1. Paragraph 9 of section 1 of The Ontario Energy Board Act,^^^^
being chapter 312 of the Revised Statutes of Ontario, 1970, re-enacted
is repealed and the following substituted therefor :
9. "Minister" means the Minister of Energy.
2. Subsection 1 of section 2 of the said Act is repealed and the^ 2(i),
^ re-enacted
following substituted therefor :
(1) The Ontario Energy Board is continued and shall ^oa.rd,^^^^^^
consist of as many members, not fewer than five, as the
Lieutenant Governor in Council may from time to time
determine.
3. Section 8 of the said Act is amended by striking out "Lieutenant^ 8,
/- • /- 1.. • , /- 1- , • • • ,• amended
Governor m Council m the nrst Ime and msertmg m lieu
thereof "Board".
4. Subsection 3 of section 13 of the said Act is amended by insertings i3 o),
after "Minister" in the second line "or by the Minister of
Natural Resources".
5. — (1) Clauses h and c of subsection 7 of section 19 of the said^- is (?) (6. c),
Act are repealed and the following substituted therefor :
[b) in the case of the approval or fixing of rates or other
charges that, in the opinion of the Board, are of
limited application and not unjust or unreasonable
in relation to the other rates and charges then being
charged by the transmitter, distributor or storage
company ;
(c) in the case of the approval or fixing of prompt-
payment discounts or delayed-payment penalties;
133
{d) in the case of a transmitter, distributor or stora
company that is selHng, transmitting, distributii
or storing gas, as the case may be, at a loss;
(e) in the case of an apphcation that does not contair
request for an increase in the rates or other char^
then being charged for the sale, transmissic
distribution or storage of gas by the transmitt'
distributor or storage company ;
(/) in the case of the approval or fixing of increas!
rates or other charges of a gas transmitter, ^|,
distributor or storage company where the purpose a .
effect of increasing the rates or other charges;,
to permit the gas transmitter, gas distributor
storage company to recover all or part of increas
approved, fixed, authorized or permitted by or um
any statute, in the cost of gas purchased by !r
transmitted or stored for him or it ; or '
(g) in the case of an order under subsection 8 of sectii
15 or subsection 11 of this section.
s. 19 (8),
amended
B.21,
amended
Application
of section
R.S.0. 1970,
c. 154
s. 22 (2),
amended
8.23,
amended
(2) Subsection 8 of the said section 19 is amended by strikg
out "entered into prior to the 1st day of January, 19(
in the fifth line.
6. Section 21 of the said Act is amended by adding thereto
following subsection :
(5) This section applies notwithstanding subsections 2 ar
of section 46 of The Expropriations Act.
7. Subsection 2 of section 22 of the said Act is amended by strit
out "a transmitter or distributor" in the third line and insert
in lieu thereof "any person".
8. Section 23 of the said Act is amended by adding thereto
following subsection :
Interpre-
tation
(3) In this section.
Natural Resources.
'Minister" means the Ministerlof
8.26(1),
amended
1 of section 26 of the said Act is amerjid
'or" at the end of clause a, by striking jut
0. — (1) Subsection
by adding
"or" at the end of clause b and by striking out clause c
8. 26 (2, 3),
re-enacted
(2) Subsections 2 and 3 of the said section 26 are repealed i^
the following substituted therefor : '
133
(2) No person, without first obtaining the leave of the^jC^jJi^^i*io°
Lieutenant Governor in Council, shall acquire such number control
of any class of shares of a gas transmitter, gas distributor
or storage company that together with shares already held by
such person or by such person and an associate or associates of
such person will in the aggregate exceed 20 per cent of the shares
outstanding of that class of the gas transmitter, gas distributor
or storage company.
(3) This section does not apply to a mortgage or charge to ^°^*^8rages
secure any loan or indebtedness or to secure any bond,
debenture or other evidence of indebtedness.
(4) An application for leave under this section shall be made hearing
to the Board, which shall hold a public hearing and submit
its report and opinion to the Lieutenant Governor in Council.
(5) Notwithstanding any other provision of this Act, in this ["^f^P""®"
section, "associate", when used to indicate a relationship with
any person or company, means,
(«) a person who has the power to direct or cause to be
directed the management and policies of the company ;
{b) a company whose management and policies the person
has the power to direct or to cause to be directed ;
(c) another company whose management and policies
are subject to a power to direct or to cause to be
directed by a person who also has power to direct
or cause to be directed the management and policies
of the company ;
{d) a partner of that person or company acting by or for
the partnership of which they are both partners ;
(e) a trust or estate in which such person or company
has a substantial beneficial interest or as to which
such person or company serves as trustee or in a
similar capacity ;
(/) a spouse, son or daughter of that person ;
{g) a relative of such person or of his spouse, other than
a relative referred to in clause / who has the same
home as such person ; or
{h) any person who is obligated to act in concert with
such person in exercising voting rights in respect of
the shares of a company.
i3
s. 33,
amended
Proviso
10. Section 33 of the said Act is amended by adding thereto
the following subsection :
(7) This section does not apply to an order made by th(
Board in respect of the conduct of a proceeding under sectioi
37a.
S.34,
amended
s. 37a,
enacted
Interpre-
tation
Proposal by
The Hydro-
Electric
Power
Commission
of Ontario
to change
rates or
charges
Idem,
public
hearing
by Board
Idem
11. Section 34 of the said Act is amended by striking out "sixty
in the second line and inserting in lieu thereof "twenty-eight".
12. The said Act is amended by adding thereto the following section
37a. — (1) In this section, "customer" means an industria
customer of The Hydro-Electric Power Commission of Ontari
having an average annual power demand of 5,000 kilowatt
or more or a municipal corporation or municipal electri
utility commission.
(2) Where The Hydro-Electric Power Commission of Ontari!
proposes to change, effective on or after the 1st day of JanuanI
1975, any of its rates or charges for any customer, it sha
submit the proposal to the Minister not less than eight montl
before the date that the change is proposed to come into efife(
and the Minister shall refer the proposal to the Board.
(3) Where a proposal is referred to the Board by the Minist*
pursuant to subsection 2, the Board forthwith by publ
advertisement shall give at least twenty days notice of ar
shall hold a public hearing with respect to the proposal ar
shall make a report or an interim report thereon to the Minist'
at least four months before the proposed effective date of su(
change and where the Board makes an interim report with
such time it shall make a final report as soon as possib
thereafter.
(4) The Minister at any time may refer to the Board,
addition to any proposed changes in rates or charges mention^
in subsection 2,
(a) any existing or proposed rates or charges of T|
Hydro-Electric Power Commission of Ontario to |
customers or any class thereof ; I
{b) any matter in any way affecting or related to ratji
or charges by The Hydro-Electric Power Commissi 'i
of Ontario to its customers including, without limitij,'
the generality of the foregoing, principles ajl
practices respecting power costing, rate-makiii.
financing, service reliability, system expansion al
operations ; or
133
(c) the principles used by or appropriate for use by The
Hydro-Electric Power Commission of Ontario in the
exercise of any power to approve, determine or fix
rates or other charges under section 91, 93 or 96
of The Power Commission A ct, ^'^' ^^'°'
and the Board shall hold a public hearing at which it shall
investigate and examine into the matter referred to it and
shall then report thereon to the Minister.
(5) The power of the Minister set out in clause a of subsection Proviso
4 does not apply to rates or charges in effect before the 1st
day of January, 1975.
(6) A reference under this section may be general or^®f®^°°®
particular in terms and may specify criteria or factors to general or
guide the Board in making its investigation, examination
and report.
(7) The Board may at any time give directions as to the ^^""l^**^*^"^
nature and extent of interventions by persons interested in
a matter that is to be the subject of a public hearing held
pursuant to this section, may set aside for future examination
any issue that in its opinion requires a more prolonged
examination and may make interim reports pending its final
report with respect to the subject-matter of any reference.
(8) The Board may appoint from among a class of retail ^^^^fj^^^j^gg
customers of The Hydro-Electric Power Commission of Ontario representa-
having, in the opinion of the Board, a common interest, a
person to represent that class at the hearing where it appears
to the Board that the appointment should be made so that
the class can be heard, but any other member of the class for
which such appointment was made may be heard notwith-
standing the appointment.
(9) An interim or final report of the Board under this section Report of
shall contain a summary of the information presented and the®"*"^*^
views expressed at the public hearing together with the
opinion of the Board and its reasons therefor with respect
to the matter or matters reported on and the signatures
of the members of the Board making the report, and the
Board shall deliver a copy of the report to The Hydro-
Electric Power Commission of Ontario forthwith after its
making.
(10) Upon delivery of a report under this section, the Public
Board shall make reasonable arrangements for inspection or of report
purchase of copies by the public.
3. Section 46 of the said Act is repealed. repealed
133
Commence-
ment
14. This Act comes into force on a day to be named by the
Lieutenant Governor by his proclamation.
Short title
16. This Act may be cited as The Ontario Energy Board Amendment
Act, 1973.
133
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BILL 134 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to establish the Ministry of Energy
The Hon. W. G. Davis
Premier
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
The Bill establishes the Ministry of Energy and sets out the duties
and objectives of the Minister of Energy.
134
BILL 134 1973
An Act to establish the Ministry of Energy
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, [S""
(a) "Deputy Minister" means the Deputy Minister of
Energy ;
(b) "Minister" means the Minister of Energy;
(c) "Ministry" means the Ministry of Energy.
2. There shall be a ministry of the public service to be ^iabUsLd
known as the Ministry of Energy.
3. The Minister shall preside over and have charge of theMinist^er
Ministry. charge
4. The Minister is responsible for the administration of this ^J^^\^f °^
" T • 1 Minister
Act, any Acts that are assigned to him by the Legislature or of Energy
by the Lieutenant Governor in Council and The Ontario ^^^312 ^^4"'
Energy Board Act and The Power Commission Act.
5. — (1) The Lieutenant Governor in Council shall appoint Deputy
a Deputy Minister of Energy who shall be the deputy head of Energy
of the Ministry.
(2) Such officers and employees as are required from time staff
to time for the proper conduct of the business of the Ministry
may be appointed under The Public Service Act. c.'sse "
(3) No action or other proceeding for damages shall be ft.om^personai
instituted against the Deputy Minister or any officer or em- liability
ployee of the Ministry or anyone acting under his authority
for any act done in good faith in the execution or intended
execution of his duty or for any alleged neglect or default in
the execution in good faith of his duty.
134
of Crown (4) Subscction 3 does not, by reason of subsections 2 and 4
R.s.o. 1970, of section 5 of The Proceedings Against the Crown Act, relieve
the Crown of liability in respect of a tort committed by a
person mentioned in subsection 3 to which it would other-
wise be subject and the Crown is liable under that Act for
any such tort in a like manner as if subsection 3 had not
been enacted.
re°ufmib ®* '^^^ expenditures of the Ministry for the fiscal year
Ministry ending the 31st day of March, 1974, as approved by the
Lieutenant Governor in Council, shall be paid out of the
Consolidated Revenue Fund and thereafter the expenditures
of the Ministry shall be paid out of the moneys appropriated
therefor by the Legislature.
s®*^ 7. — (1) The Lieutenant Governor in Council may authorize
a seal for the Ministry.
Mem (2) The seal may be reproduced by engraving, lithographing,
printing or other method of mechanical reproduction and
when so reproduced has the same effect as if manually affixed.
mifister^^ °^ ^' ^^^ Minister or the Deputy Minister, subject to the direc-
tion and control of the Minister, shall,
{a) review energy matters on a continuing basis with
regard to both short-term and long-term goals in
relation to the energy needs of the Province of
Ontario ;
{b) advise and assist the Government of Ontario in its
dealings with other governments regarding energy
matters ;
(c) make recommendations for the effective co-ordination
of all energy matters within the Government of
Ontario with a view to ensuring the consistent
application of policy in every area of concern
regarding energy and, notwithstanding the generality
of the foregoing, with respect to adequacy of supplies,
prices, franchises and the development of energy
resources indigenous to Ontario; and
{d) make recommendations regarding priorities for and
the development of research in all aspects of energy
of significance to Ontario, including the conservation
of energy and the improvement of efficiency in its
production and utilization and the development of
new energy sources.
134
9. Where, under this or any other Act, a power or duty is Delegation
granted to or vested in the Minister, he may in writing, and duties
subject to the approval of the Lieutenant Governor in Council,
delegate that power or duty to the Deputy Minister, or to
any officer or officers of the Ministry, subject to such limita-
tions, restrictions, conditions and requirements as the Minister
may set out in his delegation.
10. Subject to the approval of the Lieutenant Governor in Advisory
Council, the Minister may establish advisory committees to
the Minister and sub-committees thereto, appoint chairmen
and members of such committees and sub-committees, fix
the terms of reference of such committees and sub-committees
and fix the remuneration and expenses of the chairmen and
members of such committees and sub-committees.
1 1 . The Minister after the close of each year shall submit Annual
. . -^ report
to the Lieutenant Governor in Council an annual report upon
the affairs of the Ministry and shall then lay the report
before the Assembly if it is in session or, if not, at the next
ensuing session.
12. This Act comes into force on a day to be named by the^°™™^°^®"
Lieutenant Governor by his proclamation.
13. This Act may be cited as The Ministry of Energy ^c/, short title
\973.
134
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BILL 134
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to establish the Ministry of Energy
The Hon. W. G. Davis
Premier
TORONTO
Printed and Published by the Queen's Printer and Publisher
BILL 134 1973
An Act to establish the Ministry of Energy
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^^erpre-
(«) "Deputy Minister" means the Deputy Minister of
Energy ;
(b) "Minister" means the Minister of Energy;
(c) "Ministry" means the Ministry of Energy.
2. There shall be a ministry of the public service to be ^tabfished
known as the Ministry of Energy.
3. The Minister shall preside over and have charge of the minister
Ministry. charge
4. The Minister is responsible for the administration of thisP^^esof
, . , -ii-iiT-i Minister
Act, any Acts that are assigned to him by the Legislature or of Energy
by the Lieutenant Governor in Council and The Ontario ^^^gfj 35™'
Energy Board Act and The Power Commission Act.
5. — (1) The Lieutenant Governor in Council shall appoint Deputy
a Deputy Minister of Energy who shall be the deputy head of Energy
of the Ministry.
(2) Such officers and employees as are required from time staff
to time for the proper conduct of the business of the Ministry
may be appointed under The Public Service Act. afee^'^^^"'
(3) No action or other proceeding for damages shall be ft-om^'^eraonai
instituted against the Deputy Minister or any officer or em- liability
ployee of the Ministry or anyone acting under his authority
for any act done in good faith in the execution or intended
execution of his duty or for any alleged neglect or default in
the execution in good faith of his duty.
134
Liability
of Crown
R.S.0. 1970,
C.365
(4) Subsection 3 does not, by reason of subsections 2 and 4
of section 5 of The Proceedings Against the Crown Act, relieve
the Crown of liability in respect of a tort committed by a
person mentioned in subsection 3 to which it would other-
wise be subject and the Crown is liable under that Act for
any such tort in a like manner as if subsection 3 had not
been enacted.
Moneys
required by
Ministry
6. The expenditures of the Ministry for the fiscal year
ending the 31st day of March, 1974, as approved by the
Lieutenant Governor in Council, shall be paid out of the
Consolidated Revenue Fund and thereafter the expenditures
of the Ministry shall be paid out of the moneys appropriated
therefor by the Legislature.
Seal
7. — (1) The Lieutenant Governor in Council may authorize
a seal for the Ministry.
Idem
(2) The seal may be reproduced by engraving, lithographing,
printing or other method of mechanical reproduction and
when so reproduced has the same effect as if manually affixed.
mli1stir^^°^ 8. The Minister or the Deputy Minister, subject to the direc-
tion and control of the Minister, shall,
{a) review energy matters on a continuing basis with
regard to both short-term and long-term goals in
relation to the energy needs of the Province of
Ontario ;
{h) advise and assist the Government of Ontario in its
dealings with other governments regarding energy
matters ;
(c) make recommendations for the effective co-ordination
of all energy matters within the Government of
Ontario with a view to ensuring the consistent
application of policy in every area of concern
regarding energy and, notwithstanding the generality
of the foregoing, with respect to adequacy of supplies,
prices, franchises and the development of energy
resources indigenous to Ontario; and
{d) make recommendations regarding priorities for and
the development of research in all aspects of energy
of significance to Ontario, including the conservation
of energy and the improvement of efficiency in its
production and utilization and the development of
new energy sources.
134
9. Where, under this or any other Act, a power or duty is Delegation
1 ii-ii-niT-- 1 •• of powers
granted to or vested in the Minister, he may in writing, and duties
subject to the approval of the Lieutenant Governor in Council,
delegate that power or duty to the Deputy Minister, or to
any officer or officers of the Ministry, subject to such limita-
tions, restrictions, conditions and requirements as the Minister
may set out in his delegation.
10. Subject to the approval of the Lieutenant Governor in Advisory
Council, the Minister may establish advisory committees to
the Minister and sub-committees thereto, appoint chairmen
and members of such committees and sub-committees, fix
the terms of reference of such committees and sub-committees
and fix the remuneration and expenses of the chairmen and
members of such committees and sub-committees.
11.
The Minister after the close of each year shall submit Annual
•> report
to the Lieutenant Governor in Council an annual report upon
the affairs of the Ministry and shall then lay the report
before the Assembly if it is in session or, if not, at the next
ensuing session.
12. This Act comes into force on a day to be named by the^°^^®°^®"
Lieutenant Governor by his proclamation.
13. This Act may be cited as The Ministry of Energy /I c^, short title
1973.
134
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BILL 135 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Power Commission Act
The Hon. W. G. Davis
Premier
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
Section 1. Self-explanatory.
Section 2. This amendment is complementary to section 4 of the Bill.
Section 3. Self-explanatory.
135
5ILL 135 1973
An Act to amend The Power Commission Act
JER MAJESTY, by and with the advice and consent of the
^ Legislative Assembly of the Province of Ontario, enacts as
Hows :
1. The title to The Power Commission Act, being chapter 354 of Ji^^^-^^^^^
the Revised Statutes of Ontario, 1970, is repealed and the
following substituted therefor:
"The Power Corporation Act"
a. Except as otherwise provided in this Act, the said Act is ^here_^^_^^
amended by striking out "Commission" wherever it occurs changed to
1- ,- •^• .1 r ■ 1-, <i>- •., Corporation
and msertmg m lieu thereof m each mstance Corporation .
3. — (1) Clause a of section 1 of the said Act is repealed and^-i(«>- ,
1 f 11 ■ 1 ■ 1 1 r re-enacted
the following substituted therefor :
{a) "Board" means the Board of Directors of the
Corporation.
(2) Clause h of the said section 1 is amended by striking l^^^^^g^j
out "Commission" in the second line and inserting in lieu
thereof "Corporation".
(3) Clause c of the said section 1 is repealed and the following s- 1 (c),
, . , , r ^ re-enacted
substituted therefor :
(c) "chairman" means the chairman of the Board and
chief officer of the Corporation;
{ca) "Corporation" means the body corporate continued
by subsection 1 of section 2 ;
[cb) "director" means a member of the Board.
(4) The said section 1 is amended by adding thereto the si
following clauses :
[da) ' ' Minister' ' means the Minister of Energy ;
amended
135
(Ja) "president" means the president of the Corporatior
S. 1 (/I),
amended
s. 1 0),
amended
ss. 2-6,
re-enacted
Corporation
(5) Clause h of the said section 1 is amended by addin
at the end thereof "and Intergovernmental Affairs".
(6) Clause j of the said section 1 is amended by striking oi
"Commission" in the second line and inserting in lie
thereof "Corporation or the Board".
4. Sections 2, 3, 4, 5 and 6 of the said Act are repealed and tl
following substituted therefor :
2. — (1) The body corporate incorporated under the name i
"The Hydro-Electric Power Commission of Ontario"
continued under the name of "Ontario Hydro" and shall 1
composed of those persons who from time to time compri
its Board.
Change not
to affect
rights, etc.
Composition
of Board
Chairman
Directors
Vice-
chairman
President
(2) The change in the name of the Corporation does n
affect its rights or obligations. I
3. — (1) There shall be a Board of Directors of the Cc
poration consisting of a chairman, a vice-chairman, a preside
and not more than ten other directors.
(2) The chairman shall be appointed by the Lieutena
Governor in Council to hold office for a term not exceedi
five years and may be reappointed for further successi
terms not exceeding five years each.
(3) Each of the directors, other than the chairman and t
president, shall be appointed by the Lieutenant Governor
Council to hold office for a term not exceeding three ye:
and may be reappointed for two further successive terms r
exceeding three years each.
(4) The vice-chairman shall be designated by the Bo£
from among the directors appointed by the Lieutenj
Governor in Council.
(5) The Board shall appoint the president who shall
employed by the Corporation upon such terms of empl"!-
ment as the Board considers desirable.
Remunera-
tion
(6) The chairman and the other directors appointed by
Lieutenant Governor in Council shall be paid such remune^
tion and expenses by the Corporation as may be determiij^
from time to time by the Lieutenant Governor in Counl
and such remuneration and expenses shall be part of
administration expense of the Corporation.
135
Section 4. The new sections 2 to 6 are a revision of the provisions
of the Act with respect to the composition, appointment and tenure of
office of the members of the Commission and of the executive committee
of the Commission. Among the matters provided for in the new sections are:
1. The change of name of the Corporation.
2. The composition, appointment and tenure of office of the Board
of Directors of the Corporation.
3. An increase in the maximum membership of the Board to
thirteen members.
4. The meetings of the Board.
5. The finance committee of the Board.
135
(7) Notwithstanding anything in The Legislative ^^^^f^^h^^mhiy
Act, the appointment of any director of the Corporation if a not vacated
member of the Assembly, shall not be avoided by reason af4o'' ^^^°'
of the payment to him or the acceptance by him of any
remuneration or expenses under this Act, nor does he thereby
vacate or forfeit his seat or incur any of the penalties imposed
by that Act for sitting and voting as a member of the Assembly.
(8) A director appointed by the Lieutenant Governor in ^r^g" q*^ °^
Council may be removed from office before the expiration of for cause
his term for cause, and the Lieutenant Governor in Council
may appoint any person in his stead for the remainder of
his term.
4. — (1) The business and affairs of the Corporation are^o^^^^sof
under the direction and control of the Board and the chair-
man shall preside at all meetings of the Board.
(2) Meetings of the Board shall be held at the call of theMe^trngs
chairman, but in no case shall more than one month elapse
between meetings of the Board.
(3) The chairman shall call a meeting of the Board Cani?^ of
. ,. , , . 1 , . . . , meetings
immediately upon being requested to do so in writing by a
majority of the other directors.
(4) In the event of the absence of the chairman and the Absence of
^ ' r /■ T-i 1 1- chairman
Vice-chairman from any meeting of the Board, the directors
present shall elect an acting chairman who, for the purpose
of the meeting, shall act as and have all the powers of the
chairman.
(5) A majority of the directors for the time being con- Quorum
stitutes a quorum for the transaction of business at meetings
of the Board.
5. — (1) The Board may pass resolutions regulating its Resoumons
proceedings, specifying the powers and duties of the officers
and employees of the Corporation and generally for the
conduct and management of the business and affairs of the
Corporation.
(2) The Board may appoint a finance committee con- committee
sisting of the chairman, the vice-chairman, the president and
three other directors and may delegate to the committee
the powers of the Board under sections 54 and 57, subject
to the restrictions, if any, imposed from time to time by the
Board.
135
Quorum of
committee
(3) Three members of the finance committee, of whom on
shall be the chairman or the vice-chairman or the president
constitute a quorum sufficient for the exercise of all th
powers of the committee.
Chairman
to act full
time
6. — (1) The chairman shall devote his whole time to th
performance of his duties.
Where
office of
chairman
vacant, etc.
(2) If the office of chairman is vacant, or in the absenc
of the chairman from the Province or during his incapacit
to act, or at the request of the chairman, the vice-chairma
shall act as chairman and while so acting has all the powei
and shall discharge all of the duties and functions of th
chairman.
s. 7 (1),
re-enacted
Officers and
employees
s. 7 (5),
re-enacted
5. — (1) Subsection 1 of section 7 of the said Act is repealed an
the following substituted therefor :
I
( 1 ) The Corporation may appoint and employ upon such tefn
as it approves such officers and employees as it coi
siders necessary for the conduct of the affairs of the Co
poration.
I
(2) Subsection 5 of the said section 7 is repealed and tl
following substituted therefor:
Indemnifica-
tion of
officers and
directors
8. 7 (6),
amended
repealed
(5) Every director and every officer of the Corporation, ai
his heirs, executors and administrators, shall be indemnified ai
saved harmless by the Corporation from and against all cost
charges and expenses that he sustains or incurs in or abo
any action, suit or proceeding that is brought, commenced
prosecuted against him for or in respect of any act, dee
matter or thing made, done or permitted by him in or abo
the execution of the duties of his office and any payments ma
by the Corporation with respect to such costs, charg
and expenses shall be part of the administration expense of t
Corporation.
(3) Subsection 6 of the said section 7 is amended by striki
out "Commission" in the first line and in the fourth li
and inserting in lieu thereof in each instance "Corporatior
and by striking out "member" in the second line a
inserting in lieu thereof "director".
6. Section 8 of the said Act is repealed.
8.10,
re-enacted
7. Section 10 of the said Act, as amended by the Statutes
Ontario, 1972, chapter 1, section 73, is repealed and t
following substituted therefor:
135
Section 5. — Subsection 1. The revision of the subsection
plementary to the revisions in section 4 of the Bill.
Subsection 2. The repealed subsection provided that no action might
be brought against the Commission without the consent of the Attorney
General. The new subsection provides for indemnification of the officers and
directors of the Corporation by the Corporation.
Subsection ^. Complementary to section 4 of the Bill.
Section 6. The section provided for the Ontario Hydro-Electric
Advisory Council.
Section 7. Complementary to section 4 of the Bill.
135
Section 8. Complementary to section 4 of the Bill.
Section 9. — Subsection 1. The amendment adds "bankers' accep-
tances" to the banking instruments which may now be purchased from
Canadian banks and permits all banking instruments to be purchased from
banks in countries other than Canada as well as from Canadian banks.
Subsection 2. The amendment permits deposits to be made in other
than Canadian banks.
Section 10. — Subsection 1. The re-enactment is complementary to
section 4 of the Bill and changes the name of The Pension and Insurance
Fund of The Hydro-Electric Power Commission of Ontario to The Pension
and Insurance Fund of Ontario Hydro.
135
10. The Corporation shall, after the close of each fiscal ^nnuai
year, file with the Minister an annual report upon the affairs
of the Corporation signed by the chairman or the vice-
chairman of the Corporation 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 sessi6n
or, if not, at the next ensuing session.
8. Clause c of section 12 of the said Act is amended by striking s. 12 (c),
, . . ,, . , , ,. T . .- "amended
out commissioners in the secona line and inserting in lieu
thereof "directors".
9. — (1) Paragraph 4 of subsection 1 of section 20 of the^-^20<i)'
said Act is repealed and the following substituted there- re-enacted
for:
4. The deposit receipts, deposit notes, certificates of
deposit, acceptances and other similar instruments
issued or endorsed by any chartered bank to which
the Bank Act (Canada) applies or by any other bankR|ci970,
which is supervised or examined by the central bank
or other governmental authority having supervision
over banks in the jurisdiction in which the bank
carries on business.
(2) Subsection 2 of the said section 20 is repealed and the s^20^2),^^^
following substituted therefor :
(2) The Corporation may deposit from time to time any part P^g^^* °^
of its general fund in any chartered bank of Canada, in any
trust company or loan corporation that is registered under
The Loan and Trust Corporations Act or in any other bank^|-0-i97o,
which is supervised or examined by the central bank or
other governmental authority having supervision over banks
in the jurisdiction in which the bank carries on business
on such terms and conditions and for such periods as the
Corporation may consider expedient.
.0. — (1) Subsection 1 of section 21 of the said Act is repealed s-2i(i),
iifii- 1- iir re-enacted
and the following substituted therefor :
(1) The Pension and Insurance Fund of The Hydro- P^ens^on^^nd
Electric Power Commission of Ontario, as heretofore estabhshed Fund
by the Corporation, in this section called the "fund", is
continued under the name of "The Pension and Insurance
Fund of Ontario Hydro" for the payment of benefits by way
of pensions or superannuation allowances to, or allowances
upon the death or disability of, such employees of the
Corporation as the Corporation may determine in accordance
with this section and any regulations made under this
135
section, and for the purposes of this section, "employee"
includes any member or director of the Corporation who con-
tributes or has contributed to the fund and any person in
the employ of the Corporation on or after the 1st day of
November, 1947.
8.21,
amended
(2) The said section 21 is amended by adding thereto the follow-
ing subsection :
Pension and
Insurance
Plan
{5a) The Pension and Insurance Plan of The Hydro-
Electric Power Commission of Ontario is continued under the
name of "Ontario Hydro Pension and Insurance Plan".
s. 21 (6),
amended
(3) Subsection 6 of the said section 21 is amended by striking
out "the Commission may make regulations" in the second
line and inserting in lieu thereof "the Corporation may make
regulations with respect to the Ontario Hydro Pension and
Insurance Plan, in this subsection called the 'plan' ".
s. 21 (6) (a),
repealed
(4) Clause a of subsection 6 of the said section 21 is repealed
s. 39 (1),
re-enacted
11. — (1) Subsection 1 of section 39 of the said Act is repealect
and the following substituted therefor:
Disposal of
works to a
municipality
R.S.0. 1970,
C.284
s. 39 (3),
amended
s. 54 (2),
amended
s. 54a,
enacted
Exchange
of bonds
1973, c. . . .
(1) The Corporation, upon such terms as it considen
proper, may sell, lease or otherwise dispose of to a munici
pal corporation or commission any land or works, or anj
interest therein, that the Corporation is or has been usinj
and such sale, lease or other disposal shall be deemed to be ai
agreement within the meaning of clause s of subsection 2 o
section 293 of The Municipal Act.
(2) Subsection 3 of the said section 39 is amended by strikirij
out "h" in the ninth line and inserting in lieu thereof "i"
12. Subsection 2 of section 54 of the said Act is amended b
striking out "three" in the fifth line and in the t>yelfth lin
and inserting in lieu thereof in each instance "five".
13. The said Act is amended by adding thereto the followin
section :
54a. — (1) Notwithstanding anything in this Act, wher
the Corporation is required to replace or exchange any boni
of an issue of bonds of the Corporation outstanding on thj
date The Power Commission Amendment Act, 1973 comt
into force, the Corporation may deliver a bond or bonds (
the same issue in accordance with the terms and conditiorl
apphcable to such issue in the name of The Hydro-Electr;|
Power Commission of Ontario, sealed in the name ol Tl
135
Subsection 2. Self-explanatory.
Subsection 3. Complementary to subsection 2.
Subsection 4. Complementary to subsections 2 and 3.
Section 11. — Subsection 1. The amendment clarifies the right of a
municipal corporation or commission to purchase land and works from the
Commission over a number of years.
Subsection 2. The amendment corrects a cross-reference in the Act.
Section 12. The amendment extends the maximum short-term borrow-
ing term from three to five years.
Section 13. The Corporation is permitted to deliver replacement
bonds for any bonds of its issues outstanding on the date this Act comes
into force in the same form and executed in the same manner as the bonds
to be replaced. The provisions of subsection 1 also apply to the replacement
of outstanding notes by the Corporation.
135
Section 14. The amendment broadens the range of banking institutions
from which temporary loans may be made to include banks in countries
other than Canada.
Section 15. The Commission is permitted to charge municipalities
appropriate interest on overdue power accounts.
Section 16. Complementary to section 4 of the Bill.
Section 17. — Subsection 1. Complementary to section 4 of the Hill.
135
U
Hydro-Electric Power Commission of Ontario, which seal
may be engraved, lithographed, printed or otherwise
mechanically reproduced thereon, and signed in such manner
and by such persons as may be authorized by the Corporation.
(2) The provisions of subsection 1 shall apply mw/a^zs Exchange
mutandis to exchanges of notes of the Corporation com-
prising part of an issue of notes outstanding on the date
The Power Commission Amendment Act, 1973 comes into
force.
(3) All bonds or notes delivered in accordance with the pro- J^J^^^^^ ^^
visions of this section are legal, valid and binding obligations bonds and
of the Corporation.
(4) Nothing in this section affects the validity of any ^y p^q^j®® ^
guarantee by the Province of Ontario of the payment ofofo^^t^^o
the principal of any bond or note mentioned in subsection 3
or of the interest thereon.
14. Subsection 1 of section 57 of the said Act is repealed ands-57(i), _,
1 r II • 1 ■ 1 1 1- re-enacted
the followmg substituted therefor :
(1) Subject to the approval of the Lieutenant Governor in Temporary
Council, the Corporation may from time to time for any of
the purposes of the Corporation borrow by way of temporary
loan from any chartered bank to which the Bank Act (Canada) R|ci970,
applies, from any other bank which is supervised or examined
by the central bank or other governmental authority having
supervision over banks in the jurisdiction in which the bank
carries on business or from any person such sums as the
Corporation considers requisite, either by way of bank
overdraft or loan or in any other manner whatsoever.
15. The said Act is further amended by adding thereto the follow-s-63a,
•^ " enacted
mg section :
63a. Notwithstanding any agreement heretofore or here-^'^^^'"®^^
after entered into by the Corporation for the supply of ^y municipal
. . / . " . I \ J corporation
power to a municipal corporation, interest on any payment
in arrears for the cost of power shall be charged to and paid
by the municipal corporation at such rate, not in excess of
9 per cent per annum, as may be determined by the Cor-
poration from time to time.
6. Subsection 4 of section 68 of the said Act is amended by s- 68 (4)
, ., . ,,„ , , ,. , . . Z amended
striking out Commission in the second line and inserting in
lieu thereof "Corporation".
7. — (1) Subsection 1 of section 93 of the said Act is amended bv^-^^^^j'^
... „ . . ,, . 1-1 1 amended
striking out Commission m the second, sixth and tenth
135
lines and inserting in lieu thereof in each instanc'
"Corporation" and by striking out "Commission or som
member thereof" in the seventh and eighth lines an(
inserting in lieu thereof "Board".
s. 93 (2),
amended
(2) Subsection 2 of the said section 93 is amended b
striking out "Commission or a member thereof" in th
first and second lines and inserting in lieu thereof "Board'
s. 93 (3),
repealed
8. 104,
amended
Amendment
of reference
to The Hydro-
Electric
Power Com-
mission of
Ontario
(3) Subsection 3 of the said section 93 is repealed.
18. Section 104 of the said Act is amended by striking oi
"Commission or of a member thereof" in the fourth line ar
inserting in lieu thereof "Board" and by striking out "Cor
mission" in the fifth line and inserting in lieu thereof "Co
poration".
19. A reference in any Act or regulation to The Hydro-Electr
Power Commission of Ontario or to The Power Commissi
Act shall be deemed to be a reference to Ontario Hyd
and to The Power Corporation Act, respectively.
Commence-
ment
20. This Act comes into force on a day to be named bj
Lieutenant Governor by his proclamation.
Short title
21. This Act may be cited as The Power Commission Amendfni
Act, 1973.
135
Subsection 2. Complementary to section 4 of the Bill.
Subsection 3. The subsection provided that on hearings by the
Commission upon complaints as to rates charged by a municipal corporation
for power, the Commission had the powers of a commissioner under The
Public Inquiries Act.
The Board of Directors of Ontario Hydro, on such a hearing, will
now act in accordance with The Statutory Powers Procedure Act, 1971.
Section 18. The amendment is complementary to the amendment of
section 93 of the Act and to section 4 of this Bill.
Section 19. Self-explanatory.
135
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BILL 135
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Power Commission Act
The Hon. W. G. Davis
Premier
TORONTO
Printed and Published by the Queen's Printer and Publisher
^LL 135 1973
An Act to amend The Power Commission Act
[_TER MAJESTY, by and with the advice and consent of the
[A Legislative Assembly of the Province of Ontario, enacts as
Hows :
1, The title to The Power Commission Act, being chapter 354 of '^*'^®' ^^.^^j
the Revised Statutes of Ontario, 1970, is repealed and the
following substituted therefor :
"The Power Corporation Act"
2. Except as otherwise provided in this Act, the said Act is c^o^mmission
amended by striking out "Commission" wherever it occurs changed to
1- ,-ii r- 1- <</- •,. Corporation
and msertmg m lieu thereof m each mstance Corporation .
3^~(1) Clause a of section 1 of the said Act is repealed and s^ij^-^j.^^
the following substituted therefor :
{a) "Board" means the Board of Directors of the
Corporation.
(2) Clause h of the said section 1 is amended by striking Ij^^^^-^^j
out "Commission" in the second line and inserting in lieu
thereof "Corporation".
(3) Clause c of the said section 1 is repealed and the following ^-^^^^^^ ^
substituted therefor :
(c) "chairman" means the chairman of the Board and
chief officer of the Corporation;
{ca) "Corporation" means the body corporate continued
by subsection 1 of section 2 ;
{ch) "director" means a member of the Board.
(4) The said section 1 is amended by adding thereto the si
following clauses :
{da) "Minister" means the Minister of Energy ;
amended
135
(fa) "president" means the president of the Corporatio
s. 1 (ft),
amended
8. 1 0).
amended
(5) Clause h of the said section 1 is amended by addii
at the end thereof "and Intergovernmental Affairs".
(6) Clause j of the said section 1 is amended by striking o
"Commission" in the second line and inserting in li(
thereof "Corporation or the Board".
ss. 2-6,
re-enacted
Corporation
Change not
to affect
rights, etc.
Composition
of Board
4. Sections 2, 3, 4, 5 and 6 of the said Act are repealed and t
following substituted therefor :
2. — (1) The body corporate incorporated under the name
"The Hydro-Electric Power Commission of Ontario"
continued under the name of "Ontario Hydro" and shall
composed of those persons who from time to time compr
its Board.
I
(2) The change in the name of the Corporation does n
affect its rights or obligations.
3. — (1) There shall be a Board of Directors of the C(
poration consisting of a chairman, a vice-chairman, a preside
and not more than ten other directors.
Chairman
Directors
Vice-
chairman
President
Remunera-
tion
(2) The chairman shall be appointed by the Lieutena
Governor in Council to hold office for a term not exceedi
five years and may be reappointed for further successi
terms not exceeding five years each.
(3) Each of the directors, other than the chairman and t
president, shall be appointed by the Lieutenant Governor
Council to hold office for a term not exceeding three ye;
and may be reappointed for two further successive terms r
exceeding three years each.
(4) The . vice-chairman shall be designated by the Bo:
from among the directors appointed by the Lieutena
Governor in Council.
(5) The Board shall appoint the president who shall
employed by the Corporation upon such terms of empl(j-
ment as the Board considers desirable. I
(6) The chairman and the other directors appointed by i
Lieutenant Governor in Council shall be paid such remune
tion and expenses by the Corporation as may be determir i
from time to time by the Lieutenant Governor in Coun .
and such remuneration and expenses shall be part of
administration expense of the Corporation.
135
(7) Notwithstanding anything in The Legislative -Assembly ^^^^^^^
Act, the appointment of any director of the Corporation if a not vacated
RSO 1970
member of the Assembly, shall not be avoided by reason c. 240 '
of the payment to him or the acceptance by him of any
remuneration or expenses under this Act, nor does he thereby
vacate or forfeit his seat or incur any of the penalties imposed
by that Act for sitting and voting as a member of the Assembly.
(8) A director appointed by the Lieutenant Governor in ^^™g°'^*^ °^
Council may be removed from office before the expiration of for cause
his term for cause, and the Lieutenant Governor in Council
may appoint any person in his stead for the remainder of
his term.
4. — (1) The business and affairs of the Corporation areP°^M^of
under the direction and control of the Board and the chair-
man shall preside at all meetings of the Board.
(2) Meetings of the Board shall be held at the call of theMe^tin|s
chairman, but in no case shall more than one month elapse
between meetings of the Board.
(3) The chairman shall call a meeting of the Board caiungo^f
immediately upon being requested to do so in writing by a
majority of the other directors.
(4) In the event of the absence of the chairman and the^^senceof
, r , T-. T , T chairman
vice-chairman from any meeting of the Board, the directors
present shall elect an acting chairman who, for the purpose
of the meeting, shall act as and have all the powers of the
chairman.
(5) A majority of the directors for the time being con- Quorum
stitutes a quorum for the transaction of business at meetings
of the Board.
5. — (1) The Board may pass resolutions regulating its ^^3°^^^^°°^
proceedings, specifying the powers and duties of the officers
and employees of the Corporation and generally for the
conduct and management of the business and affairs of the
Corporation.
(2) The Board may appoint a finance committee con- co^m?ttee
sisting of the chairman, the vice-chairman, the president and
■ three other directors and may delegate to the committee
the powers of the Board under sections 54 and 57, subject
to the restrictions, if any, imposed from time to time by the
Board.
135
Quorum of
committee
Chairman
to act full
time
Where
office of
chairman
vacant, etc.
s. 7 (1),
re-enacted
Officers and
employees
8. 7 (5),
re-enacted
Indemnifica-
tion of
officers and
directors
s. 7 (6),
amended
s. 8,
repealed
s. 10,
re-enacted
(3) Three members of the finance committee, of whom oi
shall be the chairman or the vice-chairman or the presiden
constitute a quorum sufficient for the exercise of all tl
powers of the committee.
6. — (1) The chairman shall devote his whole time to tl
performance of his duties.
(2) If the office of chairman is vacant, or in the abseii'
of the chairman from the Province or during his incapaci'
to act, or at the request of the chairman, the vice-chairmi
shall act as chairman and while so acting has all the powej
and shall discharge all of the duties and functions of tl
chairman.
5. — (1) Subsection 1 of section 7 of the said Act is repealed ai
the following substituted therefor :
( 1 ) The Corporation may appoint and employ upon such ten
as it approves such officers and employees as it co
siders necessary for the conduct of the affairs of the C(
poration.
(2) Subsection 5 of the said section 7 is repealed and t
following substituted therefor :
(5) Every director and every officer of the Corporation, ai
his heirs, executors and administrators, shall be indemnified ai
saved harmless by the Corporation from and against all cos
charges and expenses that he sustains or incurs in or abo
any action, suit or proceeding that is brought, commenced
prosecuted against him for or in respect of any act, dee
matter or thing made, done or permitted by him in or abo
the execution of the duties of his office and any payments ma
by the Corporation with respect to such costs, char§
and expenses shall be part of the administration expense of t
Corporation.
(3) Subsection 6 of the said section 7 is amended by striki
out "Commission" in the first line and in the fourth li
and inserting in lieu thereof in each instance "Corporatior
and by striking out "member" in the second line a
inserting in lieu thereof "director".
6. Section 8 of the said Act is repealed.
7. Section 10 of the said Act, as amended by the Statutes
Ontario, 1972, chapter 1, section 73, is repealed and't
following substituted therefor:
135
10. The Corporation shall, after the close of each fiscal Annual
r ' report
year, file with the Minister an annual report upon the affairs
of the Corporation signed by the chairman or the vice-
chairman of the Corporation 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.
8. Clause c of section 12 of the said Act is amended by striking |-^|(^cx^
out "commissioners" in the second line and inserting in lieu
B thereof "directors".
1^
9. — (1) Paragraph 4 of subsection 1 of section 20 of the^J|?(i>'
said Act is repealed and the following substituted there- re-enacted
for:
4. The deposit receipts, deposit notes, certificates of
deposit, acceptances and other similar instruments
issued or endorsed by any chartered bank to which
the Bank Act (Canada) applies or by any other bank R|^c. 1970,
which is supervised or examined by the central bank
or other governmental authority having supervision
over banks in the jurisdiction in which the bank
carries on business.
(2) Subsection 2 of the said section 20 is repealed and the s- 20 (2),
^ ' ' re-enacted
followmg substituted therefor:
(2) The Corporation may deposit from time to time any part ^ep^o^sit of
of its general fund in any chartered bank of Canada, in any
trust company or loan corporation that is registered under
The Loan and Trust Corporations Act or in any other bank R|-0- 1970,
which is supervised or examined by the central bank or
other governmental authority having supervision over banks
in the jurisdiction in which the bank carries on business
on such terms and conditions and for such periods as the
Corporation may consider expedient.
10. — (1) Subsection 1 of section 21 of the said Act is repealed s- 21 (i),
. . ,,f re-enacted
and the following substituted therefor :
(1) The Pension and Insurance Fund of The Hydro- J^ens^on^^nd
Electric Power Commission of Ontario, as heretofore established Fund
by the Corporation, in this section called the "fund", is
continued under the name of "The Pension and Insurance
Fund of Ontario Hydro" for the payment of benefits by way
of pensions or superannuation allowances to, or allowances
upon the death or disability of, such employees of the
Corporation as the Corporation may determine in accordance
with this section and any regulations made under this
135
section, and for the purposes of this section, "employee'
includes any member or director of the Corporation who con-
tributes or has contributed to the fund and any person in
the employ of the Corporation on or after the 1st day oj
November, 1947.
s. 21,
amended
(2) The said section 21 is amended by adding thereto the follow-
ing subsection :
Pension and
Insurance
Plan
(5a) The Pension and Insurance Plan of The Hydro
Electric Power Commission of Ontario is continued under th<
name of "Ontario Hydro Pension and Insurance Plan".
s. 21 (6),
amended
(3) Subsection 6 of the said section 21 is amended by striking
out "the Commission may make regulations" in the seconi
line and inserting in lieu thereof "the Corporation may male*
regulations with respect to the Ontario Hydro Pension anc
Insurance Plan, in this subsection called the 'plan' ".
s. 21 (6) (a),
repealed
(4) Clause a of subsection 6 of the said section 21 is repealed
s. 39 (1),
re-enacted
Disposal of
works to a
municipality
R.S.0. 1970,
c. 284
s. 39 (3),
amended
s. 54 (2),
amended
s. 54a,
enacted
11. — (1) Subsection 1 of section 39 of the said Act is repeale(
and the following substituted therefor :
(1) The Corporation, upon such terms as it consider
proper, may sell, lease or otherwise dispose of to a munici
pal corporation or commission any land or works, or an;
interest therein, that the Corporation is or has been usin
and such sale, lease or other disposal shall be deemed to be a
agreement within the meaning of clause s of subsection 2 c
section 293 of The Municipal Act.
(2) Subsection 3 of the said section 39 is amended by strikin
out "h" in the ninth line and inserting in lieu thereof "i'
12. Subsection 2 of section 54 of the said Act is amended b
striking out "three" in the fifth line and in the twelfth lin
and inserting in lieu thereof in each instance "five".
13. The said Act is amended by adding thereto the followinj
section :
Exchange
of bonds
1973. c.
54a. — (1) Notwithstanding anything in this Act, whei
the Corporation is required to replace or exchange any bon
of an issue of bonds of the Corporation outstanding on i\
date The Power Commission Amendment Act, 1973 com(
into force, the Corporation may deliver a bond or bonds (^
the same issue in accordance with the terms and conditio:
applicable to such issue in the name of The Hydro-Electr
Power Commission of Ontario, sealed in the name of Tl
135
Hydro-Electric Power Commission of Ontario, which seal
may be engraved, lithographed, printed or otherwise
mechanically reproduced thereon, and signed in such manner
and by such persons as may be authorized by the Corporation.
(2) The provisions of subsection 1 shall apply mutatis 's^^oha.nge
mutandis to exchanges of notes of the Corporation com-
prising part of an issue of notes outstanding on the date
The Power Commission Amendment Act, 1973 comes into
force.
(3) All bonds or notes delivered in accordance with the pro-J^J^^^^g^^
visions of this section are legal, valid and binding obligations ^^onds and
of the Corporation.
(4) Nothing in this section affects the validity of any^^|,^*^^®®g
guarantee by the Province of Ontario of the payment ofo^fo^^^^rio
the principal of any bond or note mentioned in subsection 3
or of the interest thereon.
14. Subsection 1 of section 57 of the said Act is repealed and8-57(i), ^
1 r 11 • 1 • 1 1 <• re-enacted
the following substituted therefor :
(1) Subject to the approval of the Lieutenant Governor in Temporary
Council, the Corporation may from time to time for any of
the purposes of the Corporation borrow by way of temporary
loan from any chartered bank to which the Bank Act (Canada) R-|C'i970.
applies, from any other bank which is supervised or examined
by the central bank or other governmental authority having
supervision over banks in the jurisdiction in which the bank
carries on business or from any person such sums as the
Corporation considers requisite, either by way of bank
overdraft or loan or in any other manner whatsoever.
15. The said Act is further amended by adding thereto the follow- s 63a
-' ° enacted
ing section :
63a. Notwithstanding any agreement heretofore or here-i°t^|^®|*j,g
j after entered into by the Corporation for the supply of^y^i^^^cipai
! power to a municipal corporation, interest on any payment
in arrears for the cost of power shall be charged to and paid
I by the municipal corporation at such rate, not in excess of
9 per cent per annum, as may be determined by the Cor-
i poration from time to time.
16. Subsection 4 of section 68 of the said Act is amended by s- 68 (4)
, ., . ,,„ ..,,., , ,. ... y amended
Striking out Commission in the second line and inserting in
lieu thereof "Corporation".
—(1) Subsection 1 of section 93 of the said Act is amended bys-^aci),
., . ,,^ ..,,., 1-1 1 amended
striking out Commission in the second, sixth and tenth
135
8
lines and inserting in lieu thereof in each instance
"Corporation" and by striking out "Commission or some
member thereof" in the seventh and eighth lines and
inserting in lieu thereof "Board". -r.
s. 93 (2),
amended
(2) Subsection 2 of the said section 93 is amended by
striking out "Commission or a member thereof" in the
first and second lines and inserting in lieu thereof "Board".
s. 93 (3),
repealed
s. 104,
amended
Amendment
of reference
to The Hydro-
Electric
Power Com-
mission of
Ontario
Commence-
ment
Short title
(3) Subsection 3 of the said section 93 is repealed.
'<■
18. Section 104 of the said Act is amended by striking out
"Commission or of a member thereof" in the fourth line and
inserting in lieu thereof "Board" and by striking out "Com-j
mission" in the fifth line and inserting in lieu thereof "Cor-|
poration".
19. A reference in any Act or regulation to The Hydro-Electric
Power Commission of Ontario or to The Power Commission
Act shall be deemed to be a reference to Ontario Hydro
and to The Power Corporation Act, respectively.
20. This Act comes into force on a day to be named by the
Lieutenant Governor by his proclamation.
21. This Act may be cited as The Power Commission Amendmem
Act, 1973.
135
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BILL 136 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to repeal The Power Control Act
The Hon. W. G. Davis
Premier
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
The Power Control Act was enacted in 1939 as an emergency measure.
Section 73 of The Power Commission Act now provides powers of control
during a state of emergency.
136
BILL 136 1973
An Act to repeal The Power 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 Power Control Act, being chapter 356 of the^^^^-^j^^
Revised Statutes of Ontario, 1970, is repealed. repeae
2. This Act comes into force on the dav it receives Roval *^o'"'"®°''e-
A , J J ment
Assent.
3. This Act may be cited as The Power Control Repeal ^^°^*'^^^^
Act, 1973.
136
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BILL 136
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to repeal The Power Control Act
The Hon. W. G. Davis
Premier
TORONTO
Printed and Published by the Queen's Printer and Publisher
BILL 136 1973
An Act to repeal The Power 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 Power Control Act, being chapter 356 of the ^^"^^g^j^^
Revised Statutes of Ontario, 1970, is repealed.
2. This Act comes into force on the day it receives Royal ^°™™®°°®'
Assent.
3. This Act may be cited as The Power Control Repeal ^^°^^^^^^^
Act, 1973.
136
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BILL 137 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend
The Power Commission Insurance Act
The Hon. W. G. Davis
Premier
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
The Bill is complementary to The Power Commission Amendment
Act, 1973.
137
BILL 137 1973
An Act to amend
The Power Gpmniission Insurance Act
FTER MAJESTY, by and with the advice and consent of the
'-■^ Legislative Assembly of the Province of Ontario, enacts as
)llows :
1. The title to The Power Commission Insurance Act, being Title.
. ' o re-enacted
chapter 355 of the Revised Statutes of Ontario, 1970, is repealed
and the following substituted therefor:
"The Power Corporation Insurance Act"
2. Clause a of section 1 of the said Act is repealed and the following re-enacted
substituted therefor:
[a) "Corporation" means Ontario Hydro.
I 3. — (1) Subsection 1 of section 2 of the said Act is amended by |j^( J^^^^^
I striking out "Commission" in the first, third, eighth and
twelfth lines and inserting in lieu thereof in each instance
"Corporation".
I (2) Subsection 2 of the said section 2 is amended by striking Ij^^^x^^
out "Commission" in the first, eighth and tenth hnes and
I inserting in heu thereof in each instance "Corporation".
(3) Subsection 3 of the said section 2 is amended by striking s. 2(3)
. ,,r- ■ ■ ,, ■ 1 , , • 1 • , . , amended
out Commission m the second line and in the sixth
line and inserting in lieu thereof in each instance "Cor-
poration".
—(1) Subsection 1 of section 3 of the said Act is amended bys.3(i),
striking out "Commission" in the third, seventh and
ninth lines and inserting in lieu thereof in each instance
"Corporation".
(2) Subsection 2 of the said section 3 is amended by striking s. 3 (2),
... JO amended
out ' ' Commission ' ' in the first line and inserting in lieu thereof
"Corporation".
137
S.4,
amended
5. Section 4 of the said Act is amended by striking out "Com
mission" in the first line and in the seventh hne and insertiri;
in heu thereof in each instance "Corporation".
Commence-
ment
Short title
6. This Act comes into force on a day to be named by th
Lieutenant Governor by his proclamation.
7. This Act may be cited as The Power Commission Insurant
Amendment Act, 1973.
137
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BILL 137
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend
The Power Commission Insurance Act
The Hon. W. G. Davis
Premier
TORONTO
Printed and Published by the Queen's Printer and Publisher
V?>14>.i.''? 'T^i
ILL 137 1973
An Act to amend
The Power Cpmmission Insurance Act
P.R MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
I lows :
1. The title to The Power Commission Insurance Act, being; ^itie,
" re-enacted
chapter 355 of the Revised Statutes of Ontario, 1970, is repealed
and the following substituted therefor:
"The Power Corporation Insurance Act"
j 2* Clause a of section I of the said Act is repealed and the following re-enacted
I substituted therefor :
(a) "Corporation" means Ontario Hydro.
]3. — (1) Subsection 1 of section 2 of the said Act is amended by|j^(^^^g^
I striking out "Commission" in the first, third, eighth and
twelfth lines and inserting in lieu thereof in each instance
"Corporation".
(2) Subsection 2 of the said section 2 is amended by striking 1^^^^^^^^^
out "Commission" in the first, eighth and tenth lines and
inserting in lieu thereof in each instance "Corporation".
(3) Subsection 3 of the said section 2 is amended bv striking: s- 2 (3),
. , , ^ . . , , . , , , . , . , . , amended
out Commission in the second line and in the sixth
line and inserting in lieu thereof in each instance "Cor-
poration".
4. — (1) Subsection 1 of section 3 of the said Act is amended bys.3(i),
striking out "Commission" in the third, seventh and
ninth lines and inserting in lieu thereof in each instance
"Corporation".
(2) Subsection 2 of the said section 3 is amended by striking s. 3 (2)
out "Commission" in the first line and inserting in lieu thereof
"Corporation".
137
S.4,
amended
5. Section 4 of the said Act is amended by striking out "Coi
mission" in the first line and in the seventh hne and inserti:
in heu thereof in each instance "Corporation".
Commence-
ment
6. This Act comes into force on a day to be named by t
Lieutenant Governor by his proclamation.
Short title
7. This Act may be cited as The Power Commission Insurat
Amendment Act, 1973.
137
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BILL 138 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to establish
The Regional Municipality of Peel
The Hon. J. White
Treasurer of Ontario and Minister of Economics
and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
The Bill provides for the formation of three area municipalities by the
amalgamation and annexation of the ten local municipalities in the County
of Peel, together with a portion of the Town of Oakville in the County of
Halton. It also provides for the dissolution of the County of Peel and the
incorporation of The Regional Municipality of Peel.
The Bill is divided into ten Parts :
PART I Area municipalities
PART II Incorporation and establishment of the Council of the
Regional Area
PART III Regional Road System
PART IV Planning
PART V Health and Welfare Services
PART VI Police
PART VII Regional Water Works System
PART VIII Regional Sewage Works
PART IX Finances
PART X General
138
BILL 138 1973
An Act to establish
The Regional Municipality of Peel
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) "area municipality" means the municipality or
corporation of the City of Mississauga, the Town of
Brampton and the Township of Albion, all as
constituted by section 2 ;
(b) "bridge" means a public bridge, and includes a
bridge forming part of a highway or on, over,
under or across which a highway passes ; •
(c) "chairman" means the chairman of the Regional
Council ;
{d) "debt" includes any obligation for the payment of
money ;
{e) "divided municipality" means a local municipality
parts of which are annexed to two or more munici-
palities under subsection 1 of section 2 ;
if) "highway" and "road" mean a common and public
highway or any part thereof, and include a street,
bridge, and any other structure incidental thereto
or any part thereof ;
{g) "land" includes lands, tenements and hereditaments
and any estate or interest therein, and any right
or easement affecting them, and land covered with
water, and includes any buildings or improvements
on land ;
138
(h) "local board" means any school board, public
utility commission, transportation commission, public
library board, board of park management, local
board of health, board of commissioners of police,
planning board or any other board, commission,
committee, body or local authority established or
exercising any power or authority under any general
or special Act with respect to any of the affairs
or purposes, including school purposes, of the
Regional Corporation or of an area municipality or
of two or more area municipalities or parts thereof;
(i) "local municipahty" means in the year 1973 any
local municipality or portion thereof in the Regional
Area;
(j) "merged area" means a local municipality that is
amalgamated with another local municipality or a
part of a local municipality that is annexed to a
local municipality to consitute an area municipality
under subsection 1 of section 2 or the local munici-
pality to which such part is annexed ;
{k) "Minister" means the Treasurer of Ontario and
Minister of Economics and Intergovernmental Affairs ;
(/) " Ministry" means the Ministry of Treasury, Economics
and Intergovernmental Affairs ;
(w) "money by-law" means a by-law for contracting
a debt or obligation or for borrowing money, other
than a by-law passed under section 91 ;
(w) "Municipal Board" means the Ontario Municipal
Board ;
(o) "Regional Area",
(i) until the 1st day of January, 1974, means the
area included within the County of Peel
together with that portion of the Town of
Oakville included in the area municipality
of the City of Mississauga as defined in clause a
of subsection 1 of section 2, and
(ii) on and after the 1st day of January, 1974,
means the area from time to time included
within the area municipalities ;
{p) "Regional Corporation" means The Regional Munici-
pality of Peel ;
138
,i
{q) "Regional Council" means the council of the Regional
Corporation ;
(r) "regional road" means a road forming part of the
regional road system established under Part III;
(s) "roadway" means that part of the highway designed
or intended for use by vehicular traffic.
PART I
Area Municipalities
2. — (1) On the 1st day of January, 1974, of°arei*''"°''
munici-
(«) The Corporation of the Town of Port Credit and
The Corporation of the Town of Streetsville are
amalgamated as a city municipality bearing the name
of The Corporation of the City of Mississauga and
the portions of the Town of Mississauga and the
Town of Oakville described as follows are annexed
to such city:
Firstly, part of the Town of Mississauga, com-
mencing where the west limit of the present Town of
Mississauga intersects the highwater mark of Lake
Ontario ;
THENCE northerly along that limit to the centre-line
median of the Macdonald-Cartier Freeway ;
THENCE easterly along that centre-line to the line
between Lots 12 and 13, West of Hurontario Street;
THENCE in a general easterly direction the following
courses ;
EASTERLY along the line between Lots 12 and 13 to
the west limit of Concession IV ;
SOUTHERLY along that west limit to the line between
the north one-quarter and south three-quarter of
Lot 12;
EASTERLY along that line to the west limit of Con-
cession III ;
SOUTHERLY along that limit to the centre-line of
Lot 12;
138
EASTERLY along that centre-line to the centre-line
of Concession III ;
NORTHERLY along that centre-line to the line between
Lots 12 and 13;
EASTERLY along that line to the west limit of Con-
cession II ;
SOUTHERLY along that limit to the line between the
north one-quarter and south three-quarter of Lot 12;
EASTERLY along that line to the west limit of Con-
cession I ;
SOUTHERLY along that limit to the centre-line of
Lot 12;
EASTERLY along that centre-line to the centre-line
of Concession I, East of Hurontario Street ;
SOUTHERLY along that centre-line to the line between
the north three-quarter and south one-quarter of
Lot 12;
EASTERLY along that line to the west limit of Con-
cession II;
SOUTHERLY along that limit to the line between
Lots 11 and 12;
EASTERLY along that line to the east limit of Con-
cession II ;
NORTHERLY aloug that limit to the hne between th(
north one-quarter and south three-quarter of Lot 12;
EASTERLY aloug that line to the centre-line of Coi
cession III;
NORTHERLY along the centre-line to the line between
the north three-quarter and south one-quarter of
Lot 13;
EASTERLY along that line to the east hmit of Con-
cession III;
NORTHERLY along that hmit to the line between the
north one-quarter and south three-quarter of Lot 13;
138
EASTERLY along that line to the centre-line of Con-
cession IV ;
NORTHERLY along that centre-line to the line between
Lots 13 and 14;
EASTERLY along that line to the east limit of Con-
cession IV ;
NORTHERLY along that limit to the centre-line of
Lot 14;
EASTERLY along that centre-line to the west limit of
Concession IX ;
SOUTHERLY along that limit to the line between Lots
12 and 13;
EASTERLY along that line to the east limit of the
present Town of Mississauga ;
THENCE southerly, southwesterly and southerly along
the easterly limit of the present Town of Mississauga
to the highwater mark of Lake Ontario ;
THENCE southerly, westerly and northerly to the
place of commencement all in accordance with the
limits described in subsection 2 of section 8 of The ^;%2' ^^^°'
Territorial Division Act.
Secondly, part of the Town of Oakville, commencing
where the east limit of the present Town of Oakville
intersects the centre-line of the King's Highway No. 5 ;
thence westerly along that line to the east limit of
the Ninth Line Road ;
thence northerly along that limit to the centre-line
median of the Macdonald-Cartier Freeway ;
thence easterly along that centre-line to the east
limit of the present Town of Oakville ;
THENCE southerly along that limit to the place of
commencement .
(6) The Corporation of the Town of Brampton is
continued as a town municipality and those portions
of the Township of Toronto Gore, the Town of
Mississauga and the Township of Chinguacousy
described as follows are annexed to such town:
138
Firstly, part of the Township of Toronto Gore,
commencing where the west Hmit of the present
Township of Toronto Gore intersects the westerly
prolongation of the line between Lots 16 and 17
of the said Township ;
THENCE easterly along that line and its prolongations
to the east limit of the Township ;
THENCE southerly, westerly and northerly along the
east, south and west limits of the Township to the
place of commencement ;
Secondly, part of the Town of Mississauga, com-
mencing where the west limit of the present Town of
Mississauga intersects the centre-line median of the
Macdonald-Cartier Freeway ;
thence northerly, easterly and southerly along the
west, north and east limits of the Town to the
easterly prolongation of the line between Lots 12
and 13 of the former Township of Toronto;
thence in a general westerly direction the following
courses ;
westerly to the west limit of Concession IX ;
NORTHERLY along that limit to the line between the
north and south halves of Lot 14 ;
WESTERLY along that line to the east limit of Con-
cession IV ;
SOUTHERLY along that limit to the line between Lots 13
and 14;
WESTERLY along that line to the centre-line of
Concession IV ;
SOUTHERLY along that centre-line to the line between
the north one-quarter and the south three-quarter of
Lot 13;
WESTERLY along that line to the east limit of Con-
cession III;
SOUTHERLY along that limit to the line between the
north three-quarter and the south one-quarter of
Lot 13 ;
138
WESTERLY along that line to the centre-line of Con-
cession III ;
SOUTHERLY along that centre-line to the line between
the north one-quarter and the south three-quarter of
Lot 12;
WESTERLY along that line to the east limit of Con-
cession II ;
SOUTHERLY aloug that limit to the line between Lots
12 and 11;
WESTERLY aloug that line to the west limit of Con-
cession II ;
NORTHERLY along that limit to the line between the
north three-quarter and south one-quarter of Lot 12 ;
WESTERLY aloug that line to the centre-line of Con-
cession I ;
NORTHERLY along that centre-line to the centre-line
of Lot 12;
WESTERLY along that centre-line to the west limit of
Concession I, West of Hurontario Street ;
NORTHERLY along that limit to the line between the
north one-quarter and south three-quarter of Lot 12 ;
WESTERLY along that line to the west limit of Con-
cession II ;
NORTHERLY aloug that limit to the line between Lots
12 and 13;
WESTERLY aloug that line to the centre-line of Con-
cession III ;
SOUTHERLY along that centre-line to the centre-line
of Lot 12;
WESTERLY aloug that centre-line to the west limit of
Concession III ;
NORTHERLY aloug that limit to the line between the
north one-quarter and the south three-quarter of
Lot 12;
138
8
WESTERLY along that line to the west limit of Con-
cession IV ;
NORTHERLY along that limit to the line between
Lots 12 and 13 ;
WESTERLY along that line to the centre-line median
of the Macdonald-Cartier Freeway ;
THENCE westerly along that centre-line to the place
of commencement ;
Thirdly, part of the Township of Chinguacousy,
commencing where the south limit of the present
Township of Chinguacousy intersects the west limit
of the present Town of Brampton ;
THENCE westerly along that limit to the west limit
of the Township ;
THENCE northerly along that limit to the westerly
prolongation of the line between Lots 16 and 17 of
the said Township ;
THENCE generally easterly along that line and its
prolongations to the east limit of the Township ;
THENCE southerly along that limit to the south limit
of the Township ;
THENCE westerly along that limit to the west limit
of the present Town of Brampton ;
THENCE northerly, westerly and southerly along the
limits of the Town of Brampton to the place of
commencement.
(c) The Corporation of the Township of Albion, The
Corporation of the Township of Caledon, The
Corporation of the Village of Bolton and The Cor-
poration of the Village of Caledon East are amal-
gamated as a township municipality bearing the
name of The Corporation of the Township of
Albion and the portions of the Township of Chin-
guacousy and the Township of Toronto Gore described
as follows are annexed to such township :
Firstly, part of the Township of Chinguacousy,
commencing where the west limit of the present
Township of Chinguacousy intersects the westerly
138
prolongation of the line between Lots 16 and 17
of the said Township ;
THENCE northerly, westerly and southerly along the
west, north and east limit of the Township to the
easterly prolongation of the line between Lots 16
and 17;
THENCE generally westerly along that line and its
prolongations to the place of commencement ;
Secondly, part of the Township of Toronto Gore,
commencing where the west limit of the present
Township of Toronto Gore intersects the westerly
prolongation of the line between Lots 16 and 17 of
the said Township ;
THENCE northerly, easterly and southerly along
the west, north and east limits of the Township
to the easterly prolongation of the line between
Township Lots 16 and 17 ;
THENCE westerly along that line and its prolongations
to the place of commencement.
(2) The following police villages are dissolved on the ^^issoiution
Istdayof January, 1974: villages
1. The Police Village of Alton.
2. The Police Village of Caledon.
3. The Police Village of Inglewood.
4. The Police Village of Palgrave.
(3) For the purposes of every Act, the amalgamations, ^^^j^g^srama-
nnexations and dissolutions provided for in this Part shall annexations,
be deemed to have been effected by orders of the Municipal dissolutions
Board not subject to section 42 of The Ontario Municipal Mnmcipa.!
Board A ct or to petition or appeal under section 94 or 95 j^°g ^ "g^Q^'^^
of such Act, made on the day this section comes into force cc. 323, 284 '
pursuant to applications made under sections 14 and 25 of
The Municipal Act and, subject to the provisions of this Act,
the Municipal Board, upon the application of any area
municipality or any local board thereof or of its own motion,
may exercise its powers consequent upon such amalgamations,
annexations and dissolutions, and sections 94 and 95 of
The Ontario Municipal Board Act do not apply to decisions
or orders made in the exercise of such powers and "munici-
138
10
R.S.0. 1970,
c. 284
palities" in clause a of subsection 11 of section 14 of The
Municipal Act includes, for the purposes of such clause, the
area municipalities to which territory is annexed.
Referendum
re area muni-
cipality
names
(4) If directed by order of the Minister, a vote of the electors
of any area municipality as established under subsection 1
shall be taken at the same time as the election for the first
council of the area municipality, to determine from among
a maximum of three names designated by the Minister,
which name the area municipality shall bear and following
the vote, the Minister shall by order.
Composition
of area
municipal
councils
[a) confirm the name of the area municipality as set
out in subsection 1 ; or
{h) declare the name that the area municipality shall
bear,
and where a declaration is made under clause h all reference
to such area municipality shall be deemed to refer to such
area municipality as designated in the declaration.
3. — (1) On and after the 1st day of January, 1974, the
council of each area municipality shall be composed of a
mayor, who shall be elected by a general vote of the electors
of the area municipality and shall be the head of the council,
and the following number of other members of council:
1. The City of Mississauga — Nine members elected by
wards.
2. The Town of Brampton-
by wards.
Fifteen members elected
3. The Township of Albion — Nine members elected
by wards.
First (2) With respect to the area municipalities, elections of
6l6CtjlO]lS dillQ \ / X ^
term of the first councils thereof shall be held in the year 1973, and the
office
day for polling shall be the 1st day of October and the first
councils elected shall hold office for the years 1974, 1975
and 1976.
Idem
(3) For the purposes of the elections of the first councils
of the area municipalities and members thereof to represent
the area municipality on the Regional Council,
[a) the Minister may by order, divide into wards each
area municipality as constituted by section 2 and make
provision for the respective numbers of members
138
11
of councils to be elected in the respective wards and
such wards shall remain in effect until altered by the
Municipal Board ;
{b) the Minister may by order, provide for the qualifi-
cation of candidates ; and
(c) the Minister shall by order,
(i) provide for the qualification of electors,
nominations, the appointment of returning
officers, the holding of the elections, the pre-
paration of polling lists, and
(ii) provide for such other matters as he considers
necessary to hold the elections.
(4) Subsections 2 and 3 apply to the elections of the first Application
•1 r f . -^ ... . , ■,- ^, ofl972,c.95
councils of the area municipalities notwithstanding The
Municipal Elections Act, 197 Z.
(5) The members of the council of each area municipality ^^^^j^^^io"^
elected in the year 1973 shall comprise a committee in their in i973
respective area municipalities to do anything in that year
necessary for the purposes of organization, policy and planning
of the area municipality.
(6) Notwithstanding the provisions of this section, for the ^°J!{.°^j.°^j^
purposes of the elections to council of the area municipality |n<i
of the City of Mississauga to be held in the year 1973 and the to each
constitute
year 1976 the Town of Port Credit and the Town of Streets- one ward
ville shall, as they exist on the day this Act comes into force,
each be constituted as a ward of the said City, entitled to
elect from such ward one member to the council of the said
City.
4. The expenses of the local municipalities for the elections e/^tion
to elect members of the councils of the area municipalities expenses
in the year 1973 shall, as approved by the Minister, be paid
out of the Consolidated Revenue Fund.
5. No area municipality shall have a Board of Control. of°(Sn*roi
PART II
Incorporation and Establishment
OF THE Regional Council
6.— (1) On the 15th day of October, 1973, the inhabitants Regon^i.^^
of the Regional Area are hereby constituted a body cor- constituted
porate under the name of "The Regional Municipality of Peel".
138
12
nmnfcipaiity (^) ^^^ Regional Corporation shall be deemed to be a
under municipality for the purposes of The Municipal Affairs Act
cc. 118, 323 ' and The Ontario Municipal Board Act.
Regioijal
Area deemed
judicial
district
R.S.0. 1970,
c. 230
(3) On and after the 1st day of January, 1974, the Regional
Area shall for all judicial purposes be deemed to be a county
and be known as the Judicial District of Peel, and for the
purposes of The Jurors Act any reference to the warden shall
be deemed to be a reference to the chairman and any reference
to the treasurer of the county shall be deemed to be a reference
to the treasurer appointed under this Act for the Regional
Corporation.
Registry (4) Nothing in this Act shall be deemed to alter the
boundaries ■, -, ■ P ■ ^ • ^ i- • •
boundaries of any registry or land titles division.
mentsfor (^) Every person who held an office or appointment under
County of Peel any Act on the 31st day of December, 1973, in and for the
appointments Couuty of Peel shall be deemed, so long as he continues to
Di'strict^of hold such office or appointment, to hold such office or appoint-
^®®^ ment on and after the 1st day of January, 1974, in and for the
Judicial District of Peel.
Regional
Council to
exercise
corporate
powers
7. — (1) The powers of the Regional Corporation shall be
exercised by the Regional Council and, except where otherwise
provided, the jurisdiction of the Regional Council is confined
to the Regional Area.
Powers
exercised
by by-law
(2) Except where otherwise provided, the powers of the
Regional Council shall be exercised by by-law.
Not to be (3) A by-law passed by the Regional Council in the exercise
unreasonable of any of its powers and in good faith shall not be open to
question, or be quashed, set aside or declared invalid either
wholly or partly, on account of the unreasonableness or
supposed unreasonableness of its provisions or any of them.
of°Reg°ionii° 8. — (1) The Regional Council shall consist of twenty-two
Council members composed of a chairman and,
{a) in the year 1973, the mayor-elect of each area
municipality and thereafter the mayor of each area
municipality ;
(6) nine members of council from the City of Mississauga
being the remainder of the council of the City ;
(c) five members of council from the Town of Brampton
elected by wards as members of the Regional Council
and such town council ; and
138
13
{d) four members of council from the Township of Albion
elected by wards as members of the Regional Council
and such township council.
(2) The members elected to the Regional Council in the^^^°^
year 1973 shall hold office for the years 1973, 1974, 1975 and
1976.
9. — (1) The chairman shall be appointed by the Lieutenant ^ppoint-
Governor in Council before the 15th day of October, 1973, chairman by
to hold office at pleasure during the years 1973 to 1976 inclusive Governor in
and until his successor is elected or appointed in accordance °^°°^
with this Act, and the chairman appointed under this sub-
section shall be paid out of the Consolidated Revenue Fund
such remuneration and other expenses as the Lieutenant
Governor in Council may determine.
(2) At the first meeting of the Regional Council in the year Bie9tionof
^ ' . o o J chairman
1977 and in every second year thereafter at which a quorum
is present, the Regional Council shall organize as a council and
elect as chairman one of the members of the Regional Council,
or any other person, to hold office for that year and the following
year and until his successor is appointed or elected in accor-
dance with this Act, and at such meeting the clerk shall preside
until the chairman is elected.
(3) Where a member of the council of an area municipality ^airman
becomes chairman, he shall be deemed to have resigned as "^^'"^'er of
' . . o area council
a member of such council, and his seat on such council thereby
becomes vacant.
(4) If, at the first meeting of the Regional Council in the Failure
year 1977 and any subsequent first meeting, a chairman is not chairman
elected, the presiding officer may adjourn the meeting from
time to time, and, if a chairman is not elected at any adjourned
meeting held within one week after the first meeting, the
Lieutenant Governor in Council shall appoint a chairman to
hold office for that year and the following year and until his
successor is elected or appointed in accordance with this Act.
10. — (1) The first meeting of the Regional Council in the^^^^ ^g^g
year 1973 shall be held on or after the 15th day of October,
1973, at such date, time and place as the chairman may deter-
mine, and the chairman shall give to each person entitled to be
a member of the Regional Council at least forty-eight hours
notice of the date, time and place and shall preside at the
meeting.
(2) Notwithstanding any other general or special Act, the ^*^st_^^ ^^
first meeting of the council of each area municipality in the area councils
138
14
year 1974 and 1977 and in every second year thereafter shall
be held not later than the 8th day of January.
First
meeting of
Regional
Council
(3) The first meeting of the Regional Council in the year
1977 and in every second year thereafter shall be held after
the councils of 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 Regional Council.
Certificate of
qualification
(4) Subject to subsection 5, a person entitled to be a member
of the Regional Council in accordance with section 8, other than
the mayor of each area municipality, shall not take his seat as a
member until he has filed with the person presiding at the first
meeting of the Regional Council that he attends a certificate
under the hand of the clerk of the area municipality that he
represents, and under the seal of such area municipality
certifying that he is entitled to be a member under such section.
Idem
(5) A person entitled to be a member of the first Regional
Council in accordance with section 3, other than a mayor-elect
of an area municipality, shall not take his seat as a member
until he has filed with the person presiding at the first meeting
of the Regional Council that he attends a certificate under the
hand of the mayor-elect of the area municipality that he
represents, certifying that he is entitled to be a member under
such section.
(6) The chairman, before taking his seat, shall take an oath
Oath of
allegiance . t-h ■
and of allegiance in Form 1 and a declaration of qualification in
declaration of „ £"
qualification l^orm 2.
ofofflce*^^°° (7) No business shall be proceeded with at the first meeting
of the Regional Council until after the declarations of office
^'■fs?'^^^"' i^ Form 20 of The Municipal Act have been made by all
members who present themselves for that purpose.
deemed°"°*^" (8) The Regional Council shall be deemed to be organized
organized when the declarations of office have been made by a sufficient
number of members to form a quorum as provided for in section
11.
Quorum,
voting
11. — (1) Twelve members of the Regional Council repre-
senting all area municipalities are necessary to form a quorum
and the concurring votes of a majority of members present are
necessary to carry any resolution or other measure.
One vote
(2) Subject to subsection 3, each member of the Regional
Council has one vote only.
138
15
(3) The chairman does not have a vote except in the event ^^^^g^'''"*"
of an equahty of votes.
12. Subject to section 10, all meetings of the Regional Pi|g°e_ of
Council shall be held at such times as the Regional Council
from time to time appoints.
13. — (1) When a vacancy occurs in the office of a chairman vacancies,
^ ' -^ . . chairman
who has been appointed by the Lieutenant Governor in Council,
some person shall be appointed by the Lieutenant Governor
in Council to hold office as chairman for the remainder of the
term of his predecessor.
(2) When a vacancy occurs in the office of a chairman who has ^^^"^
been elected under subsection 2 of section 9, the Regional
Council shall, at a general or special meeting to be held within
twenty days after the vacancy occurs, elect a chairman who
may be one of the members of the Regional Council, or any
other person, to hold office for the remainder of the term of his
predecessor.
(3) If the Regional Council fails to elect a chairman within wem
twenty days as required by subsection 2, the Lieutenant
Governor in Council may appoint a person as chairman to hold
office for the remainder of the term of his predecessor.
(4) When a vacancy occurs in the office of a member, other ot^er
niGiTiDGrs
than the chairman or the head of the council of an area muni-
cipality, the council of the area municipality of which he was a
member shall by by-law within thirty days after the vacancy
occurs appoint a successor, who may be a member of the
council or a person who is eligible to be elected a member of the
council, to hold office for the remainder of the term of his
predecessor.
(5) Where a member has been elected as a member of the^^^^^'^^"°'^
Regional Council, resignation from either the Regional Council
or the council of the area municipality shall be deemed to be
resignation from both councils.
(6) In the event that the head of a council of an area where head
municipality is for any reason unable to fulfil his duties as a incapacitated
member of the Regional Council for a period exceeding one
month, the council of the area municipality may by by-law
appoint one of its members as an alternate representative
to the Regional Council who shall act in the place and stead
of the head of council during his incapacity, but no such
by-law shall have effect for a period longer than one month
from its effective date.
138
16
^jSmunera- 14, — (1) Members of the Regional Council, other than
the chairman, may be paid for services performed on and
after the 1st day of January, 1974, such annual and other
remuneration as the Regional Council may determine.
Idem
(2) For the year 1977 and each year thereafter, the
chairman may be paid such annual salary and other
remuneration as the Regional Council may determine.
Committees
15. — (1) The Regional Council may from time to time
establish such standing or other committees and assign to them
such duties as it considers expedient.
tio^o?^'^* (2) The Regional Council may by by-law provide for paying
committee an annual allowance to each chairman of a standing committee
except where such chairman is also the chairman of the
Regional Council.
by-ia^ws''^*^ 16. The Regional Council may pass by-laws for governing
the proceedings of the Regional Council and any of its
committees, the conduct of its members and the calling of
meetings.
Head of
Council
17. — (1) The chairman is the head of the Regional Council
and is the chief executive officer of the Regional Corporation.
Chief . (2) The Regional Council may by by-law appoint a chief
administra- , . . . ~, j j j rr
tive officer admmistrativc officer, who,
(a) shall have such general control and management of
the administration of the government and affairs of
the Regional Corporation and perform such duties
as the Regional Council by by-law prescribes;
{h) shall be responsible for the efficient administration
of all its departments to the extent that he is given
authority and control over them by by-law;
(c) shall hold office during the pleasure of the Regional
Council ; and
{d) shall receive such salary as the Regional Council
by by-law determines.
Application
of
R.S.0. 1970,
c.284
(3) Subsection 2 of section 238 of The Municipal Act
applies to a chief administrative officer appointed under
subsection 2 of this section.
Acting
chairman
18. When the chairman is absent from the Regional
Area or absent through illness, or refuses to act, the Regional
Council may by resolution appoint one of its members to act
138
17
in his place and stead, and such member shall have and
may exercise all the rights, powers and authority of the
chairman during such absence or refusal to act.
19.— (1) Sections 192, 193, 195, 197, 198, 259, 281 to Appucation^
286 and 390 of The Municipal Act apply mutatis mutandis ctm'
to the Regional Corporation.
(2) Sections 190, 200, 201 and 243 of The Municipal Act "em
apply mutatis mutandis to the Regional Council and to every
local board of the Regional Corporation.
20. — (1) The Regional Council shall appoint a clerk, whose ^^^q^'
duty it is, clerk
[a) to record truly without note or comment, all
resolutions, decisions and other proceedings of the
Regional Council ;
{h) if required by any member present, to record the
name and vote of every member voting on any
matter or question ;
(c) to keep in his office, or in the place appointed for that
purpose, the originals of all by-laws and of all minutes
of the proceedings of the Regional Council and its
committees ; and
{d) to perform such other duties as may be assigned to
him by the Regional Council.
(2) The Regional Council may appoint a deputy clerk ^jl^^''^
who shall have all the powers and duties of the clerk.
(3) When the office of clerk is vacant or the clerk is unable Acting
to carry on his duties through illness or otherwise, the Regional
Council may appoint an acting clerk pro tempore who shall
have all the powers and duties of the clerk.
(4) The chairman appointed under subsection 1 of section 9 ''\°*^^jf^flr t
shall appoint an acting clerk who shall have all the powers meeting
and duties of the clerk for the purposes of the first meeting
of the Regional Council in the year 1973 and thereafter and
until the Regional Council appoints a clerk under this section.
21. — (1) Any person may, at all reasonable hours, inspect Minutes
any of the records, books or documents in the possession inspection
or under the control of the clerk, except interdepartmental
correspondence and reports of officials of any department or
of solicitors for the Regional Corporation made to the
138
18
Regional Council or any of its committees, and the clerk
within a reasonable time shall furnish copies of them or
extracts therefrom certified under his hand and the seal of the
Regional Corporation to any applicant on payment at the
rate of 15 cents for every 100 words or at such lower rate
as the Regional Council may fix.
Index of
by-laws
affecting
land
(2) The clerk shall keep an index book in which he shall
enter the number and date of all by-laws passed by the
Regional Council that affect land or the use thereof in the
Regional Area but do not directly affect the title to land.
Copies
certified by
clerk to be
receivable in
evidence
(3) A copy of any record, book or document in the possession
or under the control of the clerk, purporting to be certified
under his hand and the seal of the Regional Corporation,
may be filed and used in any court in lieu of the original, and
shall be received in evidence without proof of the seal or of the
signature or official character of the person appearing to have
signed the same, and without further proof, unless the court
otherwise directs.
Appointment 22. — (1) The Regional Council shall appoint a treasurer
of treasurer , i n , i i i
who shall keep the books, records and accounts, and prepare
the annual financial statements of the Regional Corporation
and preserve and file all accounts of the Regional Corporation
and shall perform such other duties as may be assigned to
him by the Regional Council.
treasurer ^^^ ^^^ Regional Couucil may appoint a deputy treasurer
who shall have all the powers and duties of the treasurer.
Acting
treasurer
Receipt and
disbursement
of money
(3) When the office of the treasurer is vacant or the treasurer
is unable to carry on his duties, through illness or otherwise,
the Regional Council may appoint an acting treasurer pro
tempore who shall have all the powers and duties of the treasurer.
23. — (1) The treasurer shall receive and safely keep all
money of the Regional Corporation and shall pay out money
to such persons and in such manner as the law in force in Ontario
and the by-laws or resolutions of the Regional Council direct,
provided that every cheque issued by the treasurer shall be
signed by the treasurer and by some other person or persons
designated for the purpose by by-law or resolution of the
Regional Council, and any such other person before signing a
cheque shall satisfy himself that the issue thereof is authorized.
che°u^°^ (2) Notwithstanding subsection 1, the Regional Council
may by by-law.
{a) designate one or more persons to sign cheques in
lieu of the treasurer ; and
138
19
(b) provide that the signature of the treasurer and of any
other person authorized to sign cheques may be
written or engraved, hthographed, printed or other-
wise mechanically reproduced on cheques.
(3) The Regional Council may by by-law provide that the^^^^y^*^^
treasurer may establish and maintain a petty cash fund of an
amount of money sufficient to make change and pay small
accounts, subject to such terms and conditions as the by-law
may provide.
(4) Except where otherwise expressly provided by this Act,^^^gj.j^g^y
a member of the Regional Council shall not receive any money ^J^^^^,.2
from the treasurer for any work or service performed or to be
performed, but nothing in this subsection prevents the pay-
ment of any moneys under any contract in respect of which
the member has complied with section 2 of The Municipal
Conflict of Interest Act, 1972.
(5) The treasurer is not liable for money paid by him in ^^^^^f^y®'"^
accordance with a by-law or resolution of the Regional Council, lin^Jted
unless another disposition of it is expressly provided for by
statute.
24. Subject to subsection 3 of section 23, the treasurer shall, Bank
■' accounts
(a) open an account or accounts in the name of the
Regional Corporation in such of the chartered banks
of Canada or at such other place of deposit as may be
approved by the Regional Council ;
(6) deposit all money received by him on account of the
Regional Corporation, and no other money, to the
credit of such account or accounts, and no other
account ; and
(c) keep the money of the Regional Corporation entirely
separate from his own money and from that of any
other person,
and, notwithstanding subsection 1 of section 23, the Regional
Council shall not by by-law or resolution direct any variance
from the provisions of this section, nor shall the treasurer vary
from such provisions.
25. — (1) The treasurer shall prepare and submit to the Monthiy^^
Regional Council, monthly, a statement of the money at the
credit of the Regional Corporation.
(2) Where the treasurer is removed from office or absconds, ^^^.^^^^^^^0
the Regional Council shall forthwith give notice to his sureties.
138
20
Appointment
of auditors
Cost of
audit
26. — (1) The Regional Council shall by by-law appoint one
or more auditors who shall be persons licensed by the Ministry
as municipal auditors and who shall hold office during good
behaviour and be removable for cause upon the vote of two-
thirds of the members of the Regional Council, and the auditor
or auditors so appointed shall audit the accounts and trans-
actions of the Regional Corporation and of every local board
of the Regional Corporation, except school boards.
(2) Where an auditor audits the accounts and transactions
of a local board, the cost thereof shall be paid by the Regional
Corporation and charged back to the local board, and, in the
event of a dispute as to the amount of the cost, the Ministry
may upon application finally determine the amount thereof.
Disqualifica-
tion of
auditors
(3) No person shall be appointed as an auditor of the
Regional Corporation who is or during the preceding year was
a member of the Regional Council or of the council of an area
municipality or of any local board, the accounts and trans-
actions of which it would as auditor be his duty to audit,
or who has or during the preceding year had any direct or
indirect interest in any contract with the Regional Corporation
or an area municipality or any such local board, or any
employment with any of them other than as an auditor.
Duties of
auditors
Pensions
Idem
(4) An auditor shall perform such duties as are prescribed
by the Ministry and also such duties as may be required by the
Regional Council or any local board of the Regional Cor-
poration that do not conflict with the duties prescribed by the
Ministry.
27. — (1) Where the Regional Corporation or a local board
thereof employs a person theretofore employed by a local
municipality or a local board thereof within the Regional Area
or by the County of Peel or a local board thereof, the Regional
Corporation or a local board thereof shall be deemed to have
elected to participate in the Ontario Municipal Employees
Retirement System on the day this Part comes into force in
respect of the employee if such employee was or was entitled
to be a member of the Ontario Municipal Employees Retirement
System on the day immediately preceding his employment with
the Regional Corporation or local board thereof and such
employee shall have uninterrupted membership or entitlement
to membership, as the case may be, in the Ontario Municipal
Employees Retirement System.
(2) Where the Regional Corporation or a local board thereof
is required to employ a person theretofore employed by a local
municipality or a local board thereof within the Regional Area,
the employee shall be deemed to remain an employee of the
138
21
local municipality or local board thereof for the purposes of his
entitlement under any approved pension plan or supplementary
plan.
(3) Where the Regional Corporation or a local board there- ^^edits*^^
of is required to employ a person theretofore employed by a
local municipality or a local board thereof within the Regional
Area or by the County of Peel or a local board thereof, the
employee shall be deemed to remain an employee of the
municipality or local board thereof until the Regional Cor-
poration or local board thereof has established a sick leave
credit plan for its employees, and the employees are entitled to
receive such benefits from the Regional Corporation, where-
upon the Regional Corporation or local board thereof shall
place to the credit of the employee the sick leave credits stand-
ing to his credit in the plan of the municipality or local board
thereof.
(4) Where the Regional Corporation or a local board thereof Holidays
is required to employ a person theretofore employed by a local
municipality or a local board thereof within the Regional Area
or by the County of Peel or a local board thereof the Regional
Corporation or local board thereof shall, during the first year
of his employment by the Regional Corporation or local
board thereof, provide for such employee's holidays with pay
equivalent to those to which he would have been entitled if
he had remained in the employment of the municipality or
local board thereof.
(5) The Regional Council shall offer to employ every person offer of ^^ ^
who, on the 1st day of April, 1973, is employed by the County
of Peel or by any local board thereof or in any undertaking
of, or operated on behalf of, any local municipality or local
board that is assumed by the Regional Corporation under this
Act and who continues to be so employed until the 31st day of
December, 1973.
(6) Any person who accepts employment offered under EnMtiement
subsection 5 shall be entitled to receive a wage or salary
up to and including the 31st day of December, 1974, of not less
than he was receiving on the 1st day of April, 1973.
(7) The Regional Corporation shall be deemed to be a Application
municipality for the purposes of The Ontario Municipal r.s.o.ibio.
Employees Retirement System A ct.
(8) The employees of the local municipalities and the local emrtoyment
boards thereof within the Regional Area, which are amalgamated
or annexed in whole or in part to form an area municipality,
who were employed by such a local municipality or local board
on the 1st day of April, 1973 and who continue to be so
138
22
sick leave
credits
Holidays
Pension
rights and
sick leave
credits
Termination
of
employment
employed until the 31st day of December, 1973, except
employees offered employment by the Regional Council under
subsection 5, shall be offered employment by the council of
the area municipality with which they are amalgamated or to
which they are annexed and any person accepting employment
under this subsection shall be entitled to receive a wage or
salary, up to and including the 31st day of December, 1974,
not less than he was receiving on the 1st day of April, 1973.
(9) Any sick leave credits standing, on the 31st day of
December, 1973, to the credit of any person who accepts
employment under subsection 8 shall be placed to the
credit of such employee in any sick leave credit plan established
by the new employer.
(10) Any person who accepts employment under subsection
8 shall be entitled to receive during the first year of his
employment such holidays with pay equivalent to those to
which he would have been entitled if he had remained in the
employment of the local municipality or local board by which
he was formerly employed.
(11) Where under the provisions of this section any employee,
in the opinion of the Minister, experiences any difficulty
or hardship with regard to the transfer of any pension rights
or sick leave credits, the Minister may by order do anything
necessary to remedy or alleviate such difficulty or hardship.
(12) Nothing in this section prevents any employer from
terminating the employment of an employee for cause.
Interpre-
tation
PART III
Regional Road System
28. In this Part,
{a) "approved" means approved by the Minister or of a
type approved by the Minister ;
{b) "construction" includes reconstruction ;
(c) "maintenance" includes repair ;
{d) "Minister" means the Minister of Transportation and
Communications ;
(e) "Ministry" means the Ministry of Transportation
and Communications ;
(/) "road authority" means a body having jurisdiction
and control of a highway.
138
23
29. — (1) On and after the 1st day of January, 1974, all county roads
roads on the 31st day of December, 1973, under the jurisdiction regional road
and control of the County of Peel shall constitute the regional ^^^ ^"^
road system together with those roads under the jurisdiction
and control of the County of Halton that are included within
the area municipality of the City of Mississauga.
(2) The Regional Council may by by-law from time to time Adding or
V / C5 J J J removing
add roads to or remove roads irom the regional road system, roads by
by-law
including such boundary line roads or portions thereof between
the Regional Area and an adjoining county, regional or metro-
politan municipality as may be agreed upon between the
Regional Council and the council of such adjoining municipality.
(3) The Lieutenant Governor in Council may transfer any Transfer of
\' ... iriTiT- provincial
hiehwav under the mrisdiction and control oi the Ministry highway to
Regional
within the Regional Area to the Regional Corporation and the corporation
highway shall for all purposes be deemed to be part of the
regional road system on such date as is designated by the
Lieutenant Governor in Council and to have been transferred
under section 26 of The Public Transportation and Highway^;^^-^^'^^'
Improvement A ct.
(4) Where a road or part thereof forms part of the regional Ji^^^ds^ °^
road system, jurisdiction and control and the soil and freehold regional road
-' -• . . . system
thereof are vested in the Regional Corporation.
(5) The Lieutenant Governor in Council may remove any Removal of
^ ' . -^ -^ roads from
road from the regional road system. regional road
-^ system
(6) Where a road or a part thereof is removed from the Roads
regional road system, except by reason of it being stopped-up system
pursuant to subsection 1 of section 39, such road or part is
thereupon transferred to and the jurisdiction and control
and the soil and freehold thereof is thereupon vested in the
area municipality in which it is situate, and the area muni-
cipality may sue upon any rights or under any agreements or
by-laws in the same manner and to the same extent as the
Regional Corporation in respect of such road.
(7) Notwithstanding subsection 10, where the Regional f^^*^ acquired
Corporation acquires land for the purpose of widening a for widening
.^ , 1,11 • , , f 1 regional road
regional road, the land so acquired, to the extent of the
designated widening, forms part of the road and is included
in the regional road system.
(8) When land abutting on a regional road is dedicated for,^*^®'"
or apparently for, widening the regional road, the land so
dedicated is part of the regional road and the jurisdiction
and control and the soil and freehold thereof is vested in
the Regional Corporation subject to any rights in the soil
reserved by the person who dedicated the land.
138
24
Consolidat-
ing by-laws
(9) The Regional Council shall, on or before the 1st day
of May, 1979, pass a by-law consolidating all by-laws re-
lating to the regional road system, and shall at intervals
of not more than five years thereafter pass similar con-
solidating by-laws.
Approval of (10) Every by-law passed under this section shall be
submitted to the Minister for approval by the Lieutenant
Governor in Council and the Lieutenant Governor in Council
may approve the by-law in whole or in part and, where the
by-law is approved in part only, it shall be in force and
take effect only so far as approved, but it shall not be
necessary for the Regional Council to pass any further by-law
amending the original by-law or repealing any part thereof
that has not been approved, and every such by-law as
approved is in force and effect on and after the day named
by the Lieutenant Governor in Council.
Application of (H) The Regulations Act does not apply to an order in
c.'4io ' council made under this section.
30. The Regional Council shall adopt a plan of road
and maintenance, and from time to time
Plans of
construction
and construction
thereafter shall adopt such other plans as may be necessary.
fT°mation°^ ^^* ^^^''^ ^^^ Regional Corporation proposes the con-
to Minister struction, improvement or alteration of a regional road,
it shall furnish the Minister with such detailed information
as he may require.
Contribution 32. Where a contribution has been made from any source
expenditures whatsoever towards an expenditure made under the provisions
R.S.0. 1970,
C.201
of section 84^ of The Public Transportation and Highway
Improvement Act, the amount of such contribution shall be
deducted from the expenditure in the statement submitted
to the Minister unless the Minister otherwise directs.
Maintenance 33, The roads included in the regional road system shall
be maintained and kept in repair by the Regional Corporation.
Power over
roads
assumed
34. The Regional Corporation has, in respect of the roads
included in the regional road system, all the rights, powers,
benefits and advantages conferred, and is subject to all
liabilities imposed, either by statute, by-law, contract or
otherwise upon The Corporation of the County of Peel or the
County of Halton or the corporation of the area municipality
or the corporations of two or more area municipalities which
had jurisdiction over the roads before they became part of the
regional road system, and the Regional Corporation may sue
upon such rights or under such contracts or by-laws in the
138
25
same manner and to the same extent as the County of Peel
or the County of Halton or the area municipahty or munici-
pahties as the case may be, might have done if the roads
had not become part of the regional road system.
35. — (1) The Regional Corporation is not by reason of a |i^|^^*J^^
road forming part of the regional road system under this
Act liable for the construction or maintenance of side-
walks on any road or portion thereof in the regional road
system, but the area municipality in which such sidewalks
are located continues to be liable for the maintenance of such
sidewalks and is responsible for any injury or damage arising
from the construction or presence of the sidewalks on such
road or portion thereof to the same extent and subject to the
same limitations to which an area municipality is liable under
section 427 of The Municipal Act in respect of a sidewalk on a R-^oi970.
road over which a council has jurisdiction.
(2) An area municipality may construct a sidewalk, or other Area
muiiici"
improvement or service on a regional road, and the Regional paiities may
Corporation may contribute to the cost of such sidewalk, sideways.
improvement or service, but no such work shall be undertaken ^^^'
by an area municipality without first obtaining the approval
of the Regional Council expressed by resolution.
(3) The cost of any such sidewalk, improvement or service ^ow cost
constructed on a regional road may be met out of the general
funds of the area municipality or the work may be under-
taken in whole or in part as a local improvement under
The Local Improvement Act. c.'255 '
(4) An area municipality when constructing such sidewalk, ^£^1^4^™^"^"*°^'
improvement or service on a regional road shall conform confprm to
to any requirements or conditions imposed by the Regional and be
Council and is responsible for any injury or damage arising for damages
from the construction or presence of the sidewalk, improvement
or service on the road.
(5) Subsection 4 of section 97 of The Public Transportation '^s^^.im,
and Highway Improvement Act does not apply to a sidewalk 8ubs.'4 not
constructed on a regional road bv the council of a township.
36. — (1) The Regional Corporation may construct, install, ^^stai^uon
maintain or remove any works on a highway, other than a control
QGVlCGS
road under the jurisdiction and control of the Ministry,
including traffic control devices, for the purpose of altering
or regulating the flow of traffic upon entering or leaving a road
in the regional road system.
138
26
Relocation of (2) The Regional Corporation may relocate, alter or divert
intersecting ■,^^ ^ i i ,
roads any public road, other than a road under the jurisdiction
and control of the Ministry, entering or touching upon or giving
access to a road in the regional road system.
Idem
(3) Where, in relocating, altering or diverting a public
road under subsection 2, the Regional Corporation constructs
a new road in lieu of the public road, the Regional Corporation
may close the public road at the point of intersection with
the regional road and may, by by-law vest the new road
and the soil and freehold and jurisdiction and control thereof
in the area municipality in which it is situate.
Construction
of sidewalk,
etc., on area
municipality
road
R.S.0. 1970,
c. 255
(4) Where the Regional Corporation constructs a sidewalk,
improvement or service on a road under the jurisdiction and
control of an area municipality, the area municipality may
contribute to the cost of such sidewalk, improvement or
service and the work may be undertaken in whole or in part
under The Local Improvement Act.
of cftifer roads ^'^ ' Where a regional road intersects a road that is under
by regional the jurisdiction and control of an area municipality, the
continuation of the regional road to its full width across
the road so intersected is a part of the regional road system.
New roads
R.S.0. 1970,
c. 284
38. The Regional Council may pass by-laws for establishing
and laying out new roads and for amending the by-law
passed under section 29 by adding such new roads to the
regional road system, and the provisions of The Municipal
Act with respect to the establishment and laying out of
highways by municipalities apply mutatis mutandis.
Powers and
liabilities
of Regional
Corporation
R.S.0. 1970,
cc. 284, 202
39. — (1) With respect to the roads in the regional road
system and the regulation of traffic thereon, the Regional
Corporation has all the powers conferred, and is subject
to all the liabilities imposed, upon the council or corporation
of a city by The Municipal Act, The Highway Traffic Act and any
other Act with respect to highways.
Establish-
ment of
bus lanes
(2) The Regional Council or the council of any area
municipality may by by-law designate any lane on any road
over which it has jurisdiction as a lane solely or principally
for use by public transit motor vehicles and prohibit or
regulate the use thereof by vehicles other than public
transit vehicles to such extent and for such period or periods
as may be specified, and for the purposes of this subsection
"public transit motor vehicle" means a motor vehicle owned
and operated by, for or on behalf of the Regional Corporation
or any area municipality as part of its passenger transporta-
tion service.
138
27
40. — (1) The Regional Council may by by-law prohibit J^|°J^°^ of
or regulate the placing or erecting of, pump and
" r o o advertising
device near
{a) any gasoline pump within 150 feet of any limit of ^^^^'^°^^ ^°^
regional road ;
(b) any sign, notice or advertising device within one
quarter mile of any limit of a regional road..
(2) A by-law passed under this section may provide for the Permits
issuing of permits for the placing or erecting of any
gasoline pump, sign, notice or advertising device and may
prescribe the form, terms and conditions thereof and the
fees to be paid therefor.
41. — (1) No by-law passed by an area municipality for the^y-iawsof
regulation of traffic on a highway under the jurisdiction andpaiities
control of the area municipality, except a by-law for the traffic ^°^
regulation of parking, shall come into force unless it has been
approved by the Regional Council before it is submitted for
approval under The Highway Traffic Act. f.'m' ^^'"'
(2) All signal-light traffic control devices heretofore or signal-
,r 1 1-1 i-T- light devices
hereafter erected on a highway under the jurisdiction and
control of an area municipality shall be operated, or erected and
operated, in the manner prescribed by by-law of the Regional
Council, and the Regional Council may delegate any of its
powers in respect of the operation of such devices to an
officer of the Regional Corporation designated in the by-law.
(3) The Regional Corporation may contribute toward the ^o°jtJ"^-
cost of the erection of signal-light traffic control devices towards costs
... • • 1-x of signal-
erected by an area municipality. lights
(4) Subject to The Highway Traffic Act, the Regional J^^^^j
Council may pass by-laws to regulate traffic on any highway within lOO feet
under the jurisdiction and control of an area municipality roads
for a distance of 100 feet on either side of the limit of a
regional road, and, where there is any conflict between such a
by-law and a by-law of an area municipality, the by-law
passed under this subsection prevails to the extent of such
conflict.
42. The Regional Council may by by-law authorize Agreements
<=> ^ for pedestrian
agreements between the Regional Corporation and the walks
owners or lessees of land abutting on a highway for the
construction, maintenance and use of walks for pedestrians
over, across or under the highway upon such terms and
conditions as may be agreed and for contributing to the whole
or any part of the cost thereof, and for leasing or licensing
138
28
the use of untravelled portions of such walks and adjoining
lands to persons for such considerations and upon such terms
and conditions as may be agreed.
Hearing
by 0M2
Djs^^tesas 43, — (1) Sections 436 and 438 of The Municipal Act do
tenance, etc., not apply to a bridge or highway crossing or forming a
and highways boundary between the Regional Area and an adjoining
a'fa?' ^^^°' municipality where such bridge or highway is included in the
regional road system and in the road system of the munici-
pality.
Idem (2) Where there is a difference between the Regional
Council and the council of a municipality in respect of any
such bridge or highway as to the corporation upon which
the obligation rests for the constructing or maintaining of the
bridge or highway, or as to the proportions in which the
corporations should respectively contribute thereto, or where
the Regional Council and the council of the municipality are
unable to agree as to any action, matter or thing to be taken
or done in respect of such bridge or highway, every such
difference shall be determined by the Municipal Board upon an
application by the Regional Corporation or the corporation
of the municipality.
(3) The Municipal Board shall appoint a day for the
hearing of the application, of which ten days notice in writing
shall be given to the clerk of each municipality and of the
Regional Corporation, and shall, at the time and place appointed,
hear and determine all matters in difference between the
municipalities in regard to such bridge or highway, and
the Municipal Board may make such order with respect to
the same as it may consider just and proper, and may by
the order fix and determine the amount or proportion that
each municipality shall pay or contribute toward the
building and maintaining of such bridge or highway.
(4) An order made by the Municipal Board under this
section is binding upon the municipalities for such period as the
Municipal Board may determine, and is final and conclusive.
Boundary 44^ Clause b of subsection 1 of section 403 of The Municipal
between area Act does not apply to a bridge over a river, stream, pond
pauties or lake forming or crossing a boundary line between area
municipalities, and the councils of the area municipalities on
either side of such boundary line have joint jurisdiction
over every such bridge that is not included in the regional
road system.
bridges ^^ 45. Section 418 of The Municipal Act does not apply to
R^egionai Area a bridge over a river, stream, pond or lake forming or crossing
mun^cipau^y ^ boundary line between the Regional Area and an adjoining
138
Term of
order
29
municipality, and the councils of the area municipality and the
adjoining local municipality on either side of such boundary
line have joint jurisdiction over every such bridge that is not
included in the regional road system.
46. — (1) The Regional Council has, with respect to all ^Restrictions
land lying within a distance of 150 feet from any limit of a
regional road, all the powers conferred on the council of a
local municipality by section 35 of The Planning Act. c.'349'
(2) In the event of conflict between a by-law passed under C9i^ict
subsection 1 by the Regional Council and a by-law passed under by-laws
section 35 of The Planning Act or a predecessor of such
section by the council of a local municipality that is in
force in the area municipality in which the land is situate,
the by-law passed by the Regional Council prevails to the
extent of such conflict.
47. — (1) The Regional Council may by by-law designate ccmtn^iie^^^
any road in the regional road system, or any portion thereof,
as a controlled-access road.
(2) Subject to the approval of the Municipal Board, the ^losi^? ^^^
Regional Council may by by-law close any municipal road roads
that intersects or runs into a regional controlled-access
road.
(3) The Municipal Board may direct that notice of anyNotice^of^^
application for approval of the closing of a road under this for approval
section shall be given at such time, in such manner and to such road
persons as the Municipal Board may determine, and may
further direct that particulars of objections to the closing
shall be filed with the Municipal Board and the Regional
Corporation within such time as the Municipal Board shall
direct.
(4) Upon the hearing of the application for approval ofo^j^®^°f
the closing of a road, the Municipal Board may make such
order as it considers proper refusing its approval or granting
its approval upon such terms and conditions as it considers
proper, and any order of the Municipal Board approving of
the closing of a road may contain provisions,
(a) determining the portion or portions of the road
that shall be closed ;
(6) providing for the payment of the costs of any person
appearing on such application and fixing the amount
of such costs ; and
(c) providing for the doing of such other acts as in the
circumstances it considers proper.
138
30
Closing
road
(5) Upon the approval of the Municipal Board being so
obtained but subject to the provisions of the order of the
Municipal Board made on the application for such approval,
the Regional Corporation may do all such acts as may be
necessary to close the road in respect of which the application
is made.
Appeal
(6) The Regional Corporation, or any person including an
area municipality, that has filed particulars of an objection
may, with the leave of the Divisional Court, appeal to that
court from any order made under subsection 4.
Time for
appeal
(7) Application for leave to appeal shall be made within
thirty days after the date of the determination or order
of the Municipal Board subject to the rules of the court
as to vacations.
Leave to
appeal
(8) The leave may be granted on such terms as to the
giving of security for costs and otherwise as the court may
consider just.
procedvfre"*^ (^) ^^^ practice and procedure as to the appeal and
on appeal matters incidental thereto shall be the same, mutatis mutandis,
as upon an appeal from a county court, and the decision
of the Divisional Court is final.
^12° 8^95°' (10) Section 95 of The Ontario Municipal Board Act does
not to apply not apply to an appeal under this section.
etc.Toifening^' 4:8. The Regional Council may pass by-laws prohibiting
contrcdfed'^^^ °^ regulating the construction or use of any private road,
access road entranceway, structure or facility as a means of access to a
regional controlled-access road.
Notice
49. — (1) The Regional Corporation may give notice to the
owner of any land requiring him to close up any private
road, entranceway, structure or facility constructed or used
as a means of access to a regional controlled-access road
in contravention of a by-law passed under section 48.
Service
of notice
(2) Every notice given under subsection 1 shall be in
writing and shall be served personally or by registered mail,
and in the case of service by registered mail shall be deemed
to have been received on the fifth day following the mailing
thereof.
Failure (3) Where the person to whom notice is given under
with notice subscction 1 fails to comply with the notice within thirty
days after its receipt, the Regional Council may by resolution
direct any officer, employee or agent of the Regional Corporation
138
31
to enter upon the land of such person and do or cause
to be done whatever may be necessary to close up the private
road, entranceway, structure or facility as required by notice.
(4) Every person who fails to comply with a notice given o*^^'^^®
under subsection 1 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 a first offence and to a fine of not less than
$50 and not more than $500 for a second or subsequent
offence.
i
(5) Where a notice given under subsection 1 has beenCompensa-
complied with, no compensation is payable to the owner of
the land unless the private road, entranceway, structure or
facility constructed or used as a means of access to a controlled-
access road designated under subsection 1 of section 47 was
constructed or used, as the case may be,
{a) before the day on which the by-law designating the
road as a controlled-access road became effective ; or
[h) in compliance with a by-law passed under section 48,
in which case the making of compensation is subject
to any provisions of such by-law.
50. — (1) Subject to subsection 2, no area municipality ||'®||5>j^?;^
shall have any right to compensation or damages for any where road
road forming part of the regional road system. of system
(2) Where a road forms part of the regional road system, i<i«™
the Regional Corporation shall thereafter pay to the area
municipality before the due date all amounts of principal
and interest becoming due upon any outstanding debt of the
area municipality in respect of such road, but nothing in
this subsection requires the Regional Corporation to pay that
portion of the amounts of principal and interest that under
The Local Improvement Act is payable as the owners' share ^•^•^- 1^''"-
of a local improvement work.
(3) Where the Regional Corporation fails to make anyi^efauit
payment required by subsection 2, on or before the due date,
the area municipality may charge the Regional Corporation
interest at the rate of 12 per cent per annum thereon, or such
lower rate as the council of the area municipality determines,
from such date until payment is made.
(4) In the event of any doubt as to whether any out-Settung^
standing debt or portion thereof is a debt in respect of the
road forming part of the regional road system, the Muni-
cipal Board, upon application, may determine the matter
and its decision is final.
138
32
Stopplng-up
highways
51. — (1) Where an area municipality intends to stop up a
highway or part of a highway, it shall so notify the Regional
Corporation by registered mail.
Agreement (2) If the Regional Council objects to such stopping up,
it shall notify the council of the area municipality by regis-
tered mail within sixty days of the receipt of the notice
required under subsection 1 and the highway or part thereof
shall not be stopped up except by agreement between the
area municipality and the Regional Council and failing agree-
ment the Municipal Board, upon application, may determine
the matter and its decision is final.
Appointment 52. The Regional Council shall by by-law appoint a per-
commissioner SOU, who is a professional engineer registered as a civil engineer
0.366' ' under The Professional Engineers Act to administer and
manage the regional road system.
Appiioation 53^ Sections 92, 94, 96, 99 and 102 of The Public Trans-
R-S.p. 1970, portation and Highway Improvement A ct apply mutatis mutandis
with respect to any road in the regional road system.
PART IV
Planning
Planning 54. — (1) On and after the 1st day of January, 1974, the
R.s.o. 1970, Regional Area is defined as, and shall continue to be, a joint
planning area under The Planning Act to be known as the
Peel Planning Area.
munici^alft (^) ^^^ Regional Corporation is the designated munici-
pality within the meaning of The Planning Act for the purposes
of the Peel Planning Area.
Planning
areas
dissolved
(3) All planning areas and subsidiary planning areas that
are included in the Peel Planning Area together with the
boards thereof are hereby dissolved on the 31st day of
December, 1973.
Area munici-
palities
subsidiary
planning
areas
Proviso
(4) Each area municipality is constituted a subsidiary
planning area effective the 1st day of January, 1974, and
the council thereof shall have all the powers of a planning
board under The Planning Act and no area municipality shall
establish a planning board.
(5) Nothing in subsections 3 and 4 affects any
plan in effect in any part of \he Regional Area.
official
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33
(6) When the Minister has approved an official P^^^om^lfLg^n
adopted by the Regional Council,
{a) every official plan and every by-law passed under
section 35 of The Planning Act or a predecessor ^l^^- ^^'^°'
thereof then in effect in the planning area affected
thereby shall be amended forthwith to conform there-
with; and
(b) no official plan of a subsidiary planning area shall
be approved that does not conform therewith.
55.— (1) The Regional Council shall investigate and survey Planning
the physical, social and economic conditions in relation to the of Regional
development of the Peel Planning Area and may perform
such other duties of a planning nature as may be referred
to it by any council having jurisdiction in the Peel Planning
Area, and without limiting the generality of the foregoing
shall,
(a) prepare maps, drawings, texts, statistical information
and all other material necessary for the study, ex-
planation and solution of problems or matters affect-
ing the development of the Peel Planning Area;
(b) hold public meetings and publish information and
all other material necessary for the study, explana-
tion and solution of problems or matters affecting
the development of the Peel Planning Area ; and
(c) consult with any local board having jurisdiction
within the Peel Planning Area,
(2) The Regional Council, before the 31st day of December, ^®^i*^
1976, shall prepare, adopt and forward to the Minister for
anproval an official plan for the Regional Area.
(3) The Regional Council and the council of each area ^^p^^^^^i^I^*
municipality may appoint such planning committees ands***^
staff as it considers necessary.
(4) Subject to this Part, the Regional Corporation shall ^6^°°^!^^^
be deemed to be a municipality and the Regional Council adeemed
'^ -^ ° municipality
under
6 and 7 of section 2, sections 5, 13, 14, 15, 16, 17, 19, 20,af4?'^^''"'
planning board for the purposes of section 1, subsections 4, under
6 and 7 of section 2, sections 5, 13, 14, 15, 16, 17,
21, 25, 26, 27, 33, 43 and 44 of The Planning Act.
(5) The Regional Corporation shall be deemed to be awem
county for the purposes of section 39 of The Planning Act.
138
34
Agreements
re plans of
subdivision
(6) The Regional Corporation may enter into agreements
with area municipahties or persons relating to approval of
plans of subdivision.
Agreements
re special
studies
(7) The Regional Corporation, with the approval of the
Minister, may enter into agreements with any governmental
authority, or any agency thereof, created by statute for the
carrying out of studies relating to the Peel Planning Area
or any part thereof.
Delegation
of Minister's
powers
R.S.0. 1970,
C.349
(8) The Lieutenant Governor in Council may, upon the
recommendation of the Minister, delegate to the Regional
Council any of the Minister's powers of approval under The
Planning Act.
Committees
of
adjustment
(9) All committees of adjustment heretofore constituted
by the council of a local municipality in the Peel Planning
Area are hereby dissolved on the 31st day of December,
1973, and the council of each area municipality shall forth-
with after the 1st day of January, 1974, pass a by-law con-
stituting and appointing a committee of adjustment under
section 41 of The Planning Act, but notwithstanding the
provisions of such Act no such committee shall have any
authority to grant consents referred to in section 29 of such
Act.
Land
division
committee
Application
of
R.S.0. 1970,
0.349
(10) On or before the 1st day of January, 1974, the Regional
Council shall, without notice from the Minister, constitute
and appoint a land division committee composed of such
number of persons not fewer than three as the Regional Council
considers advisable, to grant consents referred to in section 29
of The Planning Act.
56. Except as provided in this Part, the provisions of
The Planning Act apply to the Regional Corporation.
Liability
for hospital-
ization of
indigents
R.S.0. 1970,
CO. 378, 361
PART V
Health and Welfare Services
57. — (1) The Regional Corporation shall be deemed to be
a city for all the purposes of the provisions of The Public
Hospitals Act and The Private Hospitals Act respecting hospi-
talization and burial of indigent persons and their dependants,
and no area municipality has any liability under such pro-
visions.
Existii^ (2) The Regional Corporation is liable for the hospitaliza-
transferred tion and burial, after the 31st day of December, 1973, of an
indigent person or his dependant who was in hospital on the
138
35
31st day of December, 1973, and in respect of whom any
local municipality within the Regional Area was liable because
the indigent person was a resident of such local municipality
or the County of Peel or that part of the Town of Oakville which
becomes part of the City of Mississauga on the 1st day of
January, 1974.
(3) Nothing in subsection 2 relieves any such local munici- Proviso
pality from any liability in respect of hospitalization or burials
before the 1st day of January, 1974.
58. — (1) The Regional Council may pass by-laws for Aid to
granting aid for the construction, erection, establishment, .
acquisition, maintenance, equipping and carrying on the busi-
ness of public hospitals including municipal hospitals and
other health care facilities in the Regional Area and may
issue debentures therefor and no area municipality shall
exercise any such powers in respect of public hospitals includ-
ing municipal hospitals.
(2) The Regional Corporation shall pay to any area "^unici-P^jy^jentof^
pality, on or before the due date, all amounts of principal interest to
and interest becoming due upon any outstanding indebted- paiities
ness of the area municipality in respect of aid granted by a
local municipality for the purposes mentioned in subsection 1,
prior to the 1st day of January, 1974, and if the Regional
Corporation fails to pay such amounts before the due date,
the area municipality may charge the Regional Corporation
interest at the rate of 12 per cent per annum thereon, or such
lower rate as the council of the area municipality determines,
from such date until payment is made.
(3) Notwithstanding the provisions of any general or special ^o°ste^form
Act, payments made under this section shall form part of the part of
^ \ .. c,* regional levy
levy under section 81.
59.— (1) On and after the 1st day of January, 1974, theRegiona^^
Regional Area shall be a health unit established under TAe health unit
"D a Q 1970
Public Health Act and, subject to this Part, the provisions of c.377 '
such Act apply, and the board of health of the health unit
so established shall be known as the Peel Regional Board
of Health.
(2) The health unit serving the County of Peel on the 31st^/|?°g\^"°°
day of December, 1973, is hereby dissolved on the 1st day health unit
of January, 1974, and all the assets and liabilities thereof
shall become the assets and liabilities of the Peel Regional
Board of Health.
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36
Boundaries (3) Notwithstanding the provisions of any other Act, the
boundaries of the health unit of the Regional Area shall not
be altered except by order of the Minister of Health.
Constitution 00. — (1) On and after the 1st day of January, 1974 the
board Peel Regional Board of Health shall be composed of,
{a) seven members of the Regional Council appointed by
the Regional Council; and
(b) not more than three persons appointed by the Lieu-
tenant Governor in Council upon the recommendation
of the Minister of Health.
Remunera- (2) The members of the Peel Regional Board of Health
tion of certain ^ ' -, t~, • i >- i
members appointed by the Regional Council shall not be paid any
remuneration ~ as members of such board, except expensies
incurred in carrying out their duties.
Expenses of (3^ Notwithstanding the provisions of any other Act, the
R.S.O.1970. expenses incurred by the Peel Regional Board of Health in
establishing and maintaining the health unit and performing
its functions under The Public Health Act or any other Act
shall be accounted for, borne and paid by the Regional
Corporation.
Regional Qi^ — (1) For the purposes of the following Acts, the
deemed city Regional Corporation shall be deemed to be a city and no
R.S.0. 1970, area municipality shall be deemed to be a municipality:
cc. 21, 270, 422, f J r j
490
1. The Anatomy Act.
2. The Mental Hospitals Act.
3. The Sanatoria for Consumptives Act.
4. The War Veterans Burial Act.
co^^°ration (^) ^°^ ^^^ purposes of the following Acts, the Regional
deemed Corporation shall be deemed to be a county and no area muni-
r!sx).^i^.*^ cipality shall be deemed to be a municipality:
;cc. 104, 192. 203
1. The Day Nurseries Act.
2. The General Welfare Assistance Act.
3. The Homemakers and Nurses Services Act.
Liability Q2. — (1) The Regional Corporation shall be deemed to be a
for nomes ^ ' <^ "l /■ ,i a j j d 4
foraged county for the purposes of The Homes for the Aspect ana Kesi
c.'206 ■
138-
37
Homes Act, and no area municipality has any authority as to
the establishment, erection and maintenance of a home for the
aged under such Act.
(2) The Peel Manor Home for the Aged and Sheridan Peei county
^ ' " homes for
Villa Home for the Aged and all assets and liabilities thereof aged vested
together with all the real and personal property of such corporation
homes, vest in the Regional Corporation on the 1st day of
January, 1974, without compensation.
63. — (1) The Regional Corporation shall pay to the Residents
committee or board of management of any home for the aged homes for
located outside the Regional Area the cost of maintenance*^®
in such home, incurred after the 31st day of December, 1973,"
of every resident of such home who was admitted thereto
due to residence in any area that becomes part of an area
municipality.
(2) The amount payable by the Regional Corporation ^^j°^°^°^gg
under subsection 1 shall be such as may be agreed upon or, payment
failing agreement, as may be determined by the Municipal
Board.
64. No area municipality shall be deemed to be a coloration
municipality for the purposes of The Child Welfare Act, and the^^enied
Regional Corporation shall be deemed to be a city for the under
f 1 A 1 R.S.0. 1970,
purposes of such Act. c.64
65. The Regional Corporation is liable for the amounts Existing
payable on or after the 1st day of Tanuary, 1974, by anytransferred
area municipality under section 88 of The Child Welfare Act,
1965 and is entitled to recover the amounts payable to any
area municipality on or after that date under that section.
66. Where an order is made under subsection 2 of liability
under order
section 20 of the Juvenile Delinquents Act (Canada) upon an made under
area municipality, such order shall be considered to be anc.'j-3'
order upon the Regional Corporation, and the sums of money
required to be paid under such order shall be paid by the
Regional Corporation and not by the area municipality.
67. Every area municipality and every officer or employee ^°^°''"^***°°
thereof shall, at the request of the officers of the Regional
Corporation who are responsible for the administration of the
Acts referred to in this Part, furnish forthwith to such
officers any information they may require for the purposes
of this Part.
68. In the event that there is any doubt as to whether ^^^'^^*™®'^*^
the Regional Corporation is liable under this Part in respect
138
38
of the liabilities imposed herein, the matter may be settled
by agreement between the municipalities concerned or,
failing agreement, may be determined by the Municipal
Board.
Grants, etc g9. The Regional Corporation may grant aid to approved
corporations corporations established under The Homes for Retarded
R.s.o. 1970, Persons Act, and may enter into agreements with any of
such corporations with respect to the construction, operation
and maintenance of homes for retarded persons.
c. 204
PART VI
Police
Interpre-
tation
70. In this Part, "Peel Police Board" means the Peel
Regional Board of Commissioners of Police.
Regional '^^* — (^) Notwithstanding TAg Po/zcg yld, on the Ist day of
Board November, 1973 a board of commissioners of police shall be
constituted to be known as the Peel Regional Board of Com-
R S O 1970
c.'35i ' ' missioners of Police, which shall consist of,
{a) two members of the Regional Council appointed by
resolution of the Regional Council ;
{h) a judge of the county court of the Judicial District
of Peel designated by the Lieutenant Governor
in Council ; and
(c) two persons appointed by the Lieutenant Governor
in Council.
Quorum (2) Three members of the Peel Police Board, including a
member appointed by the Regional Council, are necessary
to form a quorum.
Remunera-
tion
(3) The Regional Corporation shall provide for the payment
of a reasonable remuneration, not being less than the
minimum prescribed by the regulations under The Police Act,
to the members of the Peel Police Board appointed by the
Lieutenant Governor in Council and the members appointed
by the Regional Council shall not be paid any remuneration
as members of such Board except expenses incurred in
carrying out their duties.
Regrlonal
Corporation
deemed
city under
R.S.O. 1970,
C.351
72. — (1) On and after the 1st day of January, 1974,
{a) the Regional Corporation shall be deemed to be a city
having a population of more than 15,000 accord-
138
39
ing to the last municipal census for the purposes
of The Police Act, except subsections 1 to 4 of
section 8 thereof ;
{h) The Police Act does not apply to any area munici- ^-^p- 1^''°'
pality; and
(c) The Peel Police Ho.ikI and the members of the
Peel Regional Polic < I'Orce shall be charged with
the same duties with respect to by-laws of the area
municipalities as with respect to by-laws of the
Regional Corporation.
(2) The fines imposed for the contravention of the by-laws ^^^les
of any area municipality, shall where prosecuted by the Peel
Regional Police Force, belong to the Regional Corporation
and, where prosecuted by any other person, belong to the
area municipality whose by-law has been contravened.
73. — (1) Every person who is a member of a police force ^^®*poi*<^®
of a local municipality within the Regional Area on the 1st day
of April, 1973, and continues to be a member until the 31st
day of December, 1973, shall, on the 1st day of January, 1974,
become a member of the Peel Regional Police Force, and the
provisions of subsections 4 and 11 of section 27 apply to
such members, but no member shall receive in the year 1974
any benefits of employment, with the exception of rank, less
favourable than those he was receiving from the local muni-
cipality.
(2) Every person who is a member of a police force of a|®®|p^^°^*i
local municipality on the 31st day of December, 1973, and
becomes a member of the Peel Regional Police Force on the 1st
day of January, 1974, is subject to the government of the
Peel Police Board to the same extent as if appointed by the
Peel Police Board and the Peel Regional Police Association
shall be entitled to make representations to such Board in
respect of by-laws and regulations for the government of
the Peel Regional Police.
(3) Every person who becomes a member of the PeelJ^^^J^^^g^^
Regional Police Force under subsection 1 shall,
(a) be considered to have elected to participate in the
Ontario Municipal Employees Retirement System if
he was a member of the Ontario Municipal Employees
Retirement System on the day immediately preceding
his employment by the Peel Police Board and such
member shall have uninterrupted membership in
the Ontario Municipal Employees Retirement System,
138
40
and to participate in the Ontario Municipal Em-
ployees Retirement System supplementary plan as
established for the Town of Mississauga Police
Force ;
(b) with the exception of civilian employees and assist-
ants, be retired on the last day of the month in
which the member attains sixty years of age ;
(c) have credited to him in the Peel Regional Police
Force the total number of years of service that
he had in the police force of the local municipality
of which he was a member immediately prior to the
1st day of January, 1974;
(d) receive such sick leave credits and benefits in the
sick leave credit plan which shall be established by
the Peel Police Board as he had standing to his
credit in the plan of the local municipality ; and
(e) not be transferred without his consent to a detach-
ment farther than a distance of fifteen miles from the
detachment headquarters of the police force of which
he was a member on the 31st day of December, 1973.
Civilian (4) Civilian employees and assistants of the Peel Regional
employee \ / f j o
retirement Police Forcc shall be retired on the last day of the month
in which such civilian employee or assistant attains sixty-
five years of age.
bargaining (^) ^^ ^^ before the Ist day of November, 1973, the
committee members of the municipal police forces within the Regional
Area shall appoint a joint bargaining committee to repre-
sent all such municipal police forces to bargain with the
Peel Police Board in the manner and for the purposes provided
R.SO.1970, in The Police Act and the Peel Police Board shall be the sole
c. 361
negotiating body to bargain with such committee.
meeting (^) ^^^ ^^^^ meeting of the bargaining committee and the
Peel Police Board shall be held not later than the 30th day of
November, 1973.
R 8^0^1970°°^ (^) Section 239 of The Municipal Act applies mutatis
c. 284 ' mutandis to the Peel Police Board.
Assumption 74, — (1) The Regional Council shall, before the 1st day of
January, 1974, pass by-laws which shall be effective on such
date assuming for the use of the Peel Police Board any such
land or building that the Peel Police Board may require
that is vested on the 1st day of July, 1973, in any local
138
41
municipality or local board thereof, and at least 40 per cent
of which is used on such date for the purposes of the police
force of that municipality, and on the day any such by-law
becomes effective the property designated therein vests in the
Regional Corporation.
(2) No local municipality, between the 1st day of June, ffia^unici-
1973, and the 1st day of January, 1974, shall without the f^^^^^^
consent of the Municipal Board sell, lease or otherwise dispose
of or encumber any land or building mentioned in subsection 1 .
(3) Notwithstanding subsection 1, a by-law for assuming Extension
any land or building mentioned in subsection 1, with the
approval of the Municipal Board, may be passed after the
1st day of January, 1974, and in that case the by-law shall
become effective on the date provided therein.
(4) Where any part of a building mentioned in subsection ^^l^^l^§
1 is used by the local municipality or a local board thereof exclusively
for Dolic6
for other than police purposes, the Regional Corporation may, force
(a) where practicable, assume only the part of the
building and land appurtenant thereto used for the
purposes of the police force of such municipality ; or
(b) vest the building and land appurtenant thereto in the
Regional Corporation and enter into an agreement
with such municipality or local board thereof for
the use of a part of the building by such munici-
pality or local board on such terms and conditions
as may be agreed upon.
(5) Where the Regional Corporation assumes any property Regional
mder subsection 1 or 3, liability
(a) no compensation or damage shall be payable to the
local municipality or local board except as provided
in this subsection ;
(b) the Regional Corporation shall thereafter pay to the
area municipality before the due date all amounts
of principal and interest becoming due upon any
outstanding debt of the area municipality in respect
of any property vested in the Regional Corporation ;
and
(c) the Regional Corporation shall thereafter pay to the
area municipality for the portion of any land or
building vested in the Regional Corporation under
this section that is not used for police purposes on the
138
42
Default
1st day of July, 1973, such amount as may be agreed
upon and failing agreement the Municipal Board,
upon application, may determine the amount, and its
decision is final, provided such amount shall not be
greater than the capital expenditure for such por-
tion of such land or building less the amount of
any outstanding debt in respect of such portion.
(6) If the Regional Corporation fails to make any payment
on or before the due date required by clause b of subsection 5,
the area municipality may charge the Regional Corporation
interest at the rate of 12 per cent per annum thereon, or
such lower rate as the council of the area municipality deter-
mines, from such date until payment is made.
tion°"^™°^^ (7) Where a building vested in a local municipality or local
board is used partly by the police force of the municipality
and is not vested in the Regional Corporation under this
section, the area municipality at the request of the Peel
Police Board on or after the 1st day of January, 1974, shall
provide, at such rentals as may be agreed upon, at least as
much accommodation in such building for the use of the
Peel Police Board as was being provided by the local muni-
cipality for its police force on the 1st day of July, 1973,
and failing agreement the Municipal Board, upon application,
may determine the matter and its decision is final.
Office
supplies, etc.
(8) At the request of the Peel Police Board, each area
municipality, for the use of the Peel Police Board,
{a) shall transfer to the Regional Corporation without
compensation all personal property, including office
supplies and stationery in the possession of the area
municipality on the 1st day of January, 1974, that
was provided for the exclusive use of the police
force of the area municipality; and
{b) shall make available to the Regional Corporation
all personal property the use of which was shared
by the police force and any department or depart-
ments of the area municipality on the 1st day of
January, 1974, on the same terms and to the same
extent as the police force used the property before
such date.
Signal
system
transferred
(9) All signal and communication systems owned by any
local municipality and used for the purposes of the police
force of the municipality on the 1st day of July, 1973, or
thereafter, are vested in the Regional Corporation for the use
of the Peel Police Board on the 1st day of January, 1974,
138
Hi^-
43
and no compensation shall be payable to the municipality
therefor and the Regional Corporation shall thereafter pay
to the area municipality before the due date all amounts of
principal and interest becoming due upon any outstanding
debt of the area municipality in respect of any such signal
or communication system, and if the Regional Corporation
fails to make any payment on or before such due date, the
area municipality may charge the Regional Corporation
interest at the rate of 12 per cent per annum, or such lower
rate as the council of the area municipality determines, from
such date until payment is made.
(10) In the event of any doubt as to whether, Settling
^ ' -^ of doubts
{a) any outstanding debt or portion thereof was incurred
in respect of any property assumed; or
(b) any land or building is used at least 40 per cent for
the purposes of a police force,
the Municipal Board, upon application, may determine the
matter and its decision is final.
75. The Regional Corporation shall provide all real and^^^^P^^^y
personal property necessary for the purposes of the Peel provided
Police Board.
PART VII
Regional Waterworks System
76.— (1) On and after the 1st day of January, 1974, the Re|ion to be
Regional Corporation shall have the sole responsibility for the distributor
supply and distribution of water in the Regional Area and
all the provisions of any general Act relating to the supply and
distribution of water by a municipal corporation or a local
board thereof and all of the provisions of any special Act
relating to the supply and distribution of water by an area
municipality or a local board thereof apply mutatis mutandis
to the Regional Corporation, except the power to establish
a public utilities commission.
(2) On and after the 1st day of January, 1974, no area ^° ^[^fp^^ut-y
municipality shall have or exercise any powers under any ^^distribute
Act for the supply and distribution of water.
(3) All waterworks, supply systems, meters, niechanical ^||*^^"^ °^j
equipment and all real and personal property of any nature facilities
whatsoever used solely for the purpose of the supply and
distribution of water and all other assets, liabilities and
138
44
surpluses or deficits, including reserves, of the local munici-
palities relating to any facility for the supply and distribution
of water in the Regional Area or for any area municipality
is vested in the Regional Corporation effective the 1st day
of January, 1974, and no compensation or damages shall be
payable to any area municipality in respect thereof.
Regional
Corporation
liability
R.S.0. 1970,
c. 255
(4) The Regional Council shall pay to the corporation of
any area municipality before the due date all amounts of
principal and interest becoming due upon any outstanding
debt of such area municipality in respect of the property
assumed by the Regional Corporation under the provisions of
subsection 3, but nothing in this subsection requires the
Regional Corporation to pay that portion of the amounts of
principal and interest that under The Local Improvement Act
is payable as the owners' share of a local improvement work.
Default
(5) If the Regional Corporation fails to make any payment
as required by subsection 4, the area municipality may charge
the Regional Corporation interest at the rate of 12 per cent
per annum thereon or such lower rate as the council of the
area municipality determines from such date until payment is
made.
alsreement'^^ (6) With respect to any agreements entered into by any
municipality or local board thereof in the Regional Area
respecting the supply and distribution of water, the Regional
' Corporation shall, on the 1st day of January, 1974, stand in
the place and stead of such municipality or local board for
all purposes of any such agreement.
PART VIII
Regional Sewage Works
Regional
Corporation
responsible
for sanitary
sewage
77. — (1) On and after the 1st day of January, 1974, the
Regional Corporation shall have the sole responsibility for the
collection and disposal of all sewage, except as provided in
subsection 8, in the Regional Area and all of the provisions
of any general Act relating to the collection and disposal of
such sewage by a municipal corporation or a local board
thereof and all of the provisions of any special Act relating
to the collection and disposal of such sewage by an area
municipality or a local board thereof apply mutatis mutandis to
the Regional Corporation, except the power to establish a
public utilities commission.
iSuKpaiity (^) ^" ^"^ ^^^^^ *^^ ^^* ^^y ^^ January, 1974, no area
to collect municipality shall have or exercise any powers under any
sewage Act for the collection and disposal of sewage, except as
provided in subsection 8.
138
45
(3) All sewage works, sewer systems and treatment works, ^®^?^^^°f
including buildings, structures, plant, machinery, equipment, sewage
devices, intakes and outfalls or outlets, or other works de-
signed for the interception, collection, settling, treating, dis-
persing, disposing or discharging of sewage, except as provided
in subsection 8, and all real and personal property of any
nature whatsoever used solely for the purpose of the collec-
tion and disposal of such sewage in the Regional Area by
any area municipality is vested in the Regional Corporation
on the 1st day of January, 1974, and no compensation or
damages shall be payable to any area municipality in respect
thereof.
(4) The Regional Council shall pay to the corporation of corporation
any area municipality before due date all amounts of principal liability
and interest becoming due upon any outstanding debt of such
area municipality in respect of the property assumed by the
Regional Corporation under the provisions of subsection 3,
but nothing in this subsection requires the Regional Cor-
poration to pay that portion of the amounts of principal and
interest that under The Local Improvement Act is payable R-^o. i97o,
as the owners' share of the local improvement work.
(5) If the Regional Corporation fails to make any paymentoefauit
as required by subsection 4, the area municipality may charge
the Regional Corporation interest at the rate of 12 per cent
per annum thereon or such lower rate as the council of the
area municipality determines from such date until payment
is made.
(6) The Regional Corporation may by by-law provide for^pe^ciai
imposing on and collecting from any area municipality, in
respect of the whole of such municipality or any designated
part thereof from which sewage is received, except as provided
for in subsection 8, a sewage rate sufficient to pay the whole,
or such portion as the by-law may specify, of the regional
expenditures for the maintenance, operation and debt service
of the regional sewage system, and if any area municipality
considers itself aggrieved by the imposition of any rate
under this section, it may appeal to the Municipal Board.
(7) With respect to any agreements entered into by any Agreements
municipality or local board thereof in the Regional Area
respecting the interception, collecting, settling, treating, dis-
persing, disposing or discharging of sewage, except as pro-
vided for in subsection 8, the Regional Corporation shall
stand in the place and stead of such municipality or local
board for all purposes of any such agreement.
138
46
Land
drainage
(8) The Regional Corporation shall be responsible for
undertaking the land drainage system including storm sewers
with respect to regional roads and any surrounding lands
which naturally drain into such land drainage system and
may undertake a land drainage program including storm
sewers in any part of the Regional Area as the Regional
Corporation deems necessary, and the area municipalities
shall be responsible for all other land drainage systems, includ-
ing storm sewers, within their respective boundaries.
Assumption (9) Where the Regional Corporation undertakes a program
municipality provided for in subsection 8, the Regional Corporation may
systems^"^*^^ assume all or any portion of the land drainage system, includ-
ing storm sewers, of an area municipality, without compensa-
tion, and the provisions of subsections 4 and 5 shall apply
thereto, mutatis mutandis.
Raising of
money by area
municipality
(10) An area municipality may,
{a) pay the amounts chargeable to it under subsection
6 out of its general funds; or
R.S.0. 1970,
C.284
(b) subject to the approval of the Municipal Board,
pass by-laws under section 362 of The Municipal
Act for imposing sewer rates to recover the whole or
any part of the amount chargeable to the area
municipality in the same manner as if the work were
being or had been constructed, extended or improved
by the area municipality, notwithstanding that in the
by-law authorizing the work there was no provision
for imposing, with the approval of the Municipal
Board, upon owners or occupants of land who derive
or will or may derive a benefit from the work a sewer
rate sufficient to pay the whole or a portion or
percentage of the capital cost of the work; or
(c) include the whole or any part of an amount charge-
able to the area municipality as part of the cost of
an urban service for the collection and disposal of
sewage and land drainage chargeable within an urban
service area established in the area municipality
under any general or special Act.
PART IX
Finances
Interpre-
tation
R.S.0. 1970,
0.32
78. — (1) In this Part, "rateable property" includes business
and other assessment made under The Assessment Act.
138
47
(2) Every area municipality shall be deemed to be an area ^^^^^^j ^^^^
municipality for all purposes of The Regional Municipal Grants deemed
Act and every merged area shall be deemed to be a merged und^r*^^^ ^ ^
area for the purposes of section 9 of that Act. c.'4d5 '
(3) The Regional Corporation shall be deemed to be a ^^j^^^l^^j^j^
regional municipality for the purposes of The Regional Mwwt- deemed
cipal Grants Act, except that, municipality
(a) for the purposes of any payment under that Act
in the year 1974 to the Regional Corporation, the
population of each area municipality shall be deter-
mined in such manner as the Ministry considers
proper; and
{b) for the purposes of this Act, "net regional levy" in
The Regional Municipal Grants Act, means the amount
required for regional purposes, including the sums
required by law to be provided for any board, com-
mission or other body, but excluding school purposes,
apportioned to each area municipality by section 81
of this Act reduced by the amount credited to each
area municipality under section 3 of The Regional
Municipal Grants Act.
79. Section 312 of The Municipal Act applies wM/a^tsJ^^estmentof
mutandis to the Regional Corporation. immediately
" ' required
equir€
R.S.0. 1970,
C.284
Yearly Estimates and Levies
80. — (1) The Regional Council shall in each year prepare Jg^a^y^.^^
and adopt estimates of all sums required during the year
for the purposes of the Regional Corporation, including the
sums required by law to be provided by the Regional Council
for any local board of the Regional Corporation, and such
estimates shall set forth the estimated revenues and expendi-
tures in such detail and according to such form as the
Ministry may from time to time prescribe.
(2) In preparing the estimates, the Regional Council shall ^J]j°J^j^°°|
make due allowance for a surplus of any previous year that in estimates
will be available during the current year and shall provide for
any operating deficit of any previous year and for such
reserves within such limits as to type and amount as the
Ministry may approve.
(3) Section 43 of The Assessment Act and section 606 of Application
The Municipal Act apply mutatis mutandis to the Regional RS 0.1970,
^ , CC. Oa, ^o4
Corporation.
138
48
Levy on gj — (J) Xhe Regional Council in each year shall levy
areamunici- '-'•v/ ^ . . . r^-
paiities agamst the area municipalities a sum sumcient,
(a) for payment of the estimated current annual ex-
penditures as adopted; and
(b) for payment of all debts of the Regional Corporation
falling due within the year as well as amounts re-
quired to be raised for sinking funds and principal
and interest payments or sinking fund requirements
in respect of debenture debt of area municipalities
for the payment of which the Regional Corporation
is liable under this Act.
ment"^""" (2) The Regional Council shall ascertain and by by-law
direct what portion of the sum mentioned in subsection 1
shall be levied against and in each area municipality.
Idem
(3) Subject to subsection 9, all amounts levied under sub-
section 1 shall be apportioned among the area municipalities
in the proportion that the whole rateable property in each
area municipality bears to the whole rateable property in the
Regional Area, according to the last revised assessment rolls.
Assessment
(4) The Ministry of Revenue shall revise and weight the
last revised assessment rolls of the area municipalities and,
for the purpose of subsection 3, the last revised assessment
rolls for the area municipalities as so revised and weighted
by the Ministry of Revenue shall be deemed to be the last
revised assessment rolls of the area municipalities.
Copy to (5) Upon completion by the Ministry of Revenue of the
Corporation revision and weighting of assessment, the Ministry of Revenue
municipality shall notify the Regional Corporation and each of the area
municipalities of the revised and weighted assessment of each
area municipality.
Appeal (6) If any area municipality is not satisfied with the assess-
ment as revised and weighted by the Ministry of Revenue,
the area municipality may appeal from the decision of the
Ministry of Revenue by notice in writing to the Municipal
Board at any time within thirty days after the notice of the
revised and weighted assessment was sent to the area
municipality by the Ministry of Revenue.
Idem
(7) Every notice of revision and weighting made under
this section shall set out the time within which an appeal
may be made to the Municipal Board with respect to such
revision and weighting.
138
49
(8) Where the last revised assessment of the area munici- ^/^®°i'^'^^°*^
pality has been revised and weighted by the Ministry of whegre^^j.y
Revenue and has been appealed, the Regional Council shall following
forthwith after the decision of the Municipal Board on such
appeal, amend, if required, the by-law passed under sub-
section 2 so as to make the apportionments among the area
municipalities according to the assessments as revised by the
Municipal Board upon such appeal, and,
(a) where the moneys levied against an area munici-
pality are thereby increased, the treasurer of the
area municipality shall pay the amount of the in-
crease to the treasurer of the Regional Corporation;
and
{b) where the moneys levied against an area munici-
pality are thereby decreased, the treasurer of the
area municipality shall be liable to pay the treasurer
of the Regional Corporation only the reduced levy or,
if the original levy has been paid by the area
municipality, the treasurer of the Regional Corpora-
tion shall pay the amount of the decrease to the
treasurer of the area municipality.
(9) The apportionment of the levy among the area ^^^ed^j^g^^.^
municipalities as provided for in subsections 2 and 3 shall etc., not
be based on the full value of all rateable property, and,
notwithstanding any general or special Act, no fixed assess-
ment other than a fixed assessment under section 31 of
The Assessment Act, or partial or total exemption from assess- ^Ig^'^^'*^'
ment or taxation applies thereto, except as provided in
section 3 of The Assessment Act.
(10) The assessment upon which the levy shall be appor- ^^^^^^sment
tioned among the area municipalities shall include the valuations
, . r 11 • f 1 • 1 • 1 • f °° properties
valuations of all properties for which payments in lieu otforwhich
taxes which include a payment in respect of regional levies Rtu'of taxes
are paid by the Crown in right of Canada or any province ^^^'^
or any board, commission, corporation or other agency thereof
or The Hydro-Electric Power Commission of Ontario or
under subsection 6 of section 137 to any area municipality
and the amount by which the assessment of an area munici-
pality shall be deemed to be increased by virtue of payments r.s.o. i970,
under section 304 and 304a of The Municipal Act and section 4 lg^f%_^^s
of The Provincial Parks Municipal Tax Assistance Act, / 97/, 1973, c...
and subsection 2 of section 3 of The Property Tax Stabilization
Act, 1973.
(11) Within fourteen days of a request by the Ministry valuation ^^
of Revenue, the clerk of an area municipality shall transmit
138
50
Levy
by-laws
Regional
levy
R.S.0. 1970,
C.32
Payment
Default
to the said Ministry a statement of the payments referred to
in subsection 10 and the said Ministry shall revise and weight
the valuations of these payments and shall notify the
Regional Corporation and the appropriate area municipality
of such valuations.
(12) One by-law or several by-laws for making the levies
may be passed as the Regional Council may consider ex-
pedient.
(13) Subject to subsections 4, 5 and 6 of section 47 of
The Assessment Act, in each area municipality the regional
levy shall be calculated and levied upon the whole rateable
property rateable for such purpose within such area munici-
pality according to the last revised assessment roll thereof.
(14) All moneys levied against an area municipality under
the authority of this section shall be deemed to be taxes and
are a debt of the area municipality to the Regional Corpora-
tion and the treasurer of every area municipality shall pay
the moneys so levied to the treasurer of the Regional Cor-
poration at the times and in the amounts specified by the
by-law of the Regional Council mentioned in subsection 2.
(15) If an area municipality fails to make any payment
as provided in the by-law, interest shall be added at the rate
of 12 per cent per annum or such lower rate as the Regional
Council determines, from the date payment is due until it
is made.
Assessment
of merged
areas
Notice
82. — (1) The Ministry of Revenue shall revise and weight
each part of the last revised assessment roll of the area
municipalities that relates to a merged area and each such part
of the last revised assessment roll of each of the area munici-
palities as revised and weighted is final and binding.
(2) Upon completion by the Ministry of Revenue of the
revision and weighting of assessment in an area municipality
under subsection 1, the Ministry of Revenue shall notify the
area municipality of the revised and weighted assessment.
Apportion- (3) Notwithstanding section 7 of The Regional Municipal
ment among ^V/ b ,.i j^j-
merged areas Grants Act, the net regional levy and the sums adopted in
cc. 405, 284,32 accordaucc with section 307 of The Municipal Act for all
purposes, excluding school purposes, levied against the whole
rateable property of an area municipality shall be apportioned
among the merged areas of such area municipality in the pro-
portion that the total weighted assessment of each merged
area bears to the total weighted assessment of the area
municipality both according to the last revised assessment
roll as weighted by the Ministry of Revenue under subsection
138
51
1 , and subsection 9 of section 35 of The Assessment Act shall not ^fo^- 1^™-
apply to any apportionment by an area municipality under
this subsection.
(4) The rates to be levied in each merejed area shall beOeter-
. 1 1 • >, r • -, mination
determmed m accordance with subsection 2 of section 7 of of rates
The Regional Municipal Grants Act. a'foF'^^™'
83. — (1) Notwithstanding section 81, in the year 1974 theLevyby^
Regional Council may, before the adoption of the estimates council
for that year, levy against the area municipalities a sum not estimates
exceeding 25 per cent of the aggregate levies made by all * °p ®
local municipalities within the Regional Area in the year
1973 for general municipal and county purposes, and any
amount so levied shall be apportioned among the area
municipalities in the same manner as levies made under sub-
section 1 of section 81, and subsections 14 and 15 of section
81 apply to such levy.
(2) Notwithstanding section 81, in 1975 and in subsequent ^<^®"^
years, the Regional Council may, before the adoption of
estimates for that year, levy against each of the area munici-
palities a sum not exceeding 50 per cent of the levy made
by the Regional Council in the preceding year against that
area municipality and subsections 14 and 15 of section 81
apply to such levy.
(3) The amount of any levy made under subsection 1 or 2 ^|^y '^°'*®'"
shall be deducted from the amount of the levy made under to be
, . _ . •' reduced
section 81.
(4) Notwithstanding section 82, the council of an area^^J^^y
municipality may in any year before the adoption of the municipality
estimates for that year levy in each of the merged areas in estimates
the area municipality, on the whole of the assessment for real* °^ *
property including business assessment in the merged area
according to the last revised assessment roll, a sum not
exceeding 50 per cent of that which would be produced by
applying to such assessment the total rate for all purposes
levied in the merged area in the preceding year on residential
real property of public school supporters.
(5) The amount of any levy under subsection 4 shall be ^I'^y ^"^^'^
deducted from the amount of the levy made under section 82. reduced
(6) Subsection 4 of section 303 of The Municipal ^c^AppUcation
applies to levies made under this section. 1970,' c.' 284,
^^ s. 303 (4)
(7) The Ministry of Revenue for the purposes of a levy ^g^g^g^^^^^^y
under subsection 1 shall complete a preliminary assessment
138
52
based on the assessment of the local municipalities used for
taxation purposes in 1973, adjusted to reflect the boundaries
of the area municipalities established under section 2, revised
and weighted in accordance with subsections 4, 9 and 10 of
section 81, and such preliminary assessment shall be deemed
to be the revised and weighted assessment under subsection 5
of section 81.
Notice
(8) The Ministry of Revenue shall notify the Regional
Corporation and each area municipality of the preliminary
assessment, referred to in subsection 7, prior to the 31st day of
January, 1974.
Rates under
R.S.0. 1970,
C.430
^4. — (1) For the purposes of levying taxes under The
Separate Schools Act, the merged areas of an area municipality
shall be deemed to be municipalities, and the council of the
area municipality shall be deemed to be the council of each
such merged area.
Rates for
public
school
purposes on
commercial
assessment
R.S.0. 1970,
c. 424
Rates for
public
school
purposes on
residential
assessment
(2) The amount required to be levied and collected by an
area municipality for public school purposes on commercial
assessment determined as a result of the application of
section 78 of The Schools Administration Act shall be appor-
tioned among the merged areas in the ratio that the total
commercial assessment for public school purposes in each
merged area bears to the total commercial assessment for
public school purposes in the area municipality.
(3) The amount required to be levied and collected by an
area municipality for public school purposes on residential
assessment determined as a result of the application of section
78 of The Schools Administration Act shall be apportioned
among the merged areas in the ratio that the total residential
assessment for public school purposes in each merged area
bears to the total residential assessment for public school pur-
poses in the area municipality.
Rates for
secondary
school
purposes on
commercial
assessment
Rates for
secondary
school
purposes on
residential
assessment
(4) The amount required to be levied and collected by an
area municipality for secondary school purposes on commer-
cial assessment determined as a result of the application of
section 78 of The Schools Administration Act shall be appor-
tioned among the merged areas in the ratio that the total
commercial assessment for secondary school purposes in each
merged area bears to the total commercial assessment for
secondary school purposes in the area municipality.
(5) The amount required to be levied and collected by an
area municipality for secondary school purposes on residen-
tial assessment determined as a result of the application of
section 78 of The Schools Administration Act shall be
138
53
apportioned among the merged areas in the ratio that the
total residential assessment for secondary school purposes in
each merged area bears to the total residential assessment
for secondary school purposes in the area municipality.
(6) Notwithstanding subsections 2, 3, 4 and 5, where, in^®|^^^*|^^
any year, a regulation is in force under section 33 of TAg i97o, c. 425
Secondary Schools and Boards of Education A ct, the apportion-
ments referred to in the said subsections 2, 3, 4 and 5 shall
be made in accordance with such regulation.
Adjustments
85. The Minister may provide from time to time by order J^?|^gSjij^i°°*g^
that, in the year or years and in the manner specified in the
order, the council of any area municipality shall levy, on
the whole of the assessment for real property and business
assessment according to the last revised assessment roll in any
specified merged area or areas, rates of taxation for general
purposes which are different from the rates which would
have been levied for such purposes but for the provisions of
this section.
86. — (1) For the purpose of subsection 2 of section 307 Allowances
of The Municipal Act, the surplus of the previous year for in estimates
which allowance is to be made or the operating deficit to be muni-
provided for in the estimates of the council of an area S^m4 ^^
municipality for the year 1974 shall be the aggregate of the ^"f84^" ^^'°'
audited surpluses or operating deficits of each of the merged
areas of that area municipality.
(2) For the purpose of subsection 1, the audited surplus or^e^ed
operating deficit of a merged area that before the 1st day
of January, 1974, comprised the whole of a local munici-
pality shall be the audited surplus or operating deficit of such
local municipality at the 31st day of December, 1973.
(3) For the purpose of subsection 1, the audited surplus ^^®°^
or operating deficit of a merged area that before the 1st day
of January, 1974, comprised part of a local municipality shall
be an amount that is the same proportion of the audited
surplus or operating deficit of the local municipality that the
amount of the assessment of the merged area is of the total
amount of the assessment of the local municipality, both
according to the last revised assessment roll.
87. — (1) In this section, "surplus or operating deficit" ^^^^^tio^
includes any reserves provided for under subsection 2 of
section 307 of The Municipal Act.
138
54
Surplus or
deficit at
December 31,
1973 to be
applied to
supporting
assessment
(2) The audited surplus or operating deficit of a local
municipality at the 31st day of December, 1973 shall accrue
to the credit of or become a charge on the assessment sup-
porting such surplus or operating deficit and shall be pro-
vided for by adjustment of the tax rate over a period not
exceeding five years from the 1st day of January, 1974.
Arbitration
Idem
Provisional
deter-
mination
Final
deter-
mination
Idem
R.S.0. 1970,
c. 284
Idem
88. — (1) The Minister may, on or before the 1st day of
September, 1973, appoint committees of arbitrators for the
purpose of determining initially the disposition, including
the physical possession of the assets and liabilities, including
reserve funds, of the Town of Mississauga, the Township of
Chinguacousy and the Township of Toronto Gore.
(2) Each committee shall consist of the treasurers of the
municipalities concerned with the disposition of particular
assets and liabilities and reserve funds, or such other person
or persons as the Minister may appoint.
(3) Before the 31st day of December, 1973, the committees
shall, where appropriate, make provisional determinations of
the disposition of the known assets, liabilities and reserve
funds, and these dispositions shall become operative from the
1st day of January, 1974.
(4) As soon as possible thereafter, the committees where
appropriate, shall make final determinations of the disposi-
tion of assets, liabilities and reserve funds as at the 31st day
of December, 1973, together with determinations of any
financial adjustments which may be necessary.
(5) The final determination made under subsection 4 shall
be forwarded forthwith to the area municipalities concerned
and to the Municipal Board and unless the council of any
such area municipality notifies the Municipal Board in writing
within thirty days of the mailing of such determination to
the area municipality that it objects to the determination,
such determination shall, for the purposes of clause a of sub-
section 11 of section 14 of The Municipal Act, be deemed
to be agreed upon by such area municipalities.
(6) The final determination of a disposition or an adjust-
ment under this section shall set out the time within which
an appeal may be made to the Municipal Board with respect
to such determination.
Documents
and records
(7) All documents and records kept by the clerk or
treasurer or other officer of each divided municipality shall
be transferred to the clerk or treasurer or other officer, as
the case may be, of the area municipality designated by the
138
55
appropriate committee established under subsection 1, and
such documents and records shall be made available to any
official of any area municipality to which any other portion
of the divided municipality is transferred, during the normal
office hours of the area municipality to which they are
transferred.
(8) Notwithstanding the provisions of sections 80, 87 and^ir^^^j^fj^^.
this section, the Minister may by order prescribe the period
over which any adjustments and settlements made there-
under are to be made.
Reserve Funds
89. — (1) Reserve funds established by local municipalities Reserve funds
for purposes for which the Regional Council has authority to^ipaiities
spend funds and for which the council of an area municipality
has no authority to spend funds are reserve funds of the
Regional Corporation and the assets of such reserve funds
are vested in the Regional Corporation.
(2) Reserve funds established by local municipalities, other i'^®'"
than divided municipalities, for purposes for which the coun-
cils of area municipalities have authority to spend funds and
for which the Regional Council has no authority to spend
funds are reserve funds of the area municipality of which the
local municipality forms a part and the assets of such reserve
funds are vested in such area municipality.
90. — (1) The Regional Council may in each year, if^®if|g^®
authorized by a two-thirds vote of the members present at aestabUsh-
r 1 T-» • 1 /- -1 • 1 • 1 • f ment
meetmg of the Regional Council, provide m the estimates for
the establishment or maintenance of a reserve fund for any
purpose for which it has authority to spend funds.
(2) The moneys raised for a reserve fund established under J^J®^^-
subsection 1 shall be paid into a special account and may and income
be invested in such securities as a trustee may invest in under
The Trustee Act, and the earnings derived from the invest-^s 0.1970,
ment of such moneys form part of the reserve fund.
(3) The moneys raised for a reserve fund established under ^P®n<iit^r®
y of reserve
subsection 1 shall not be expended, pledged or applied to any fund
moiiGvs
purpose other than that for which the fund was established
without the approval of the Ministry.
(4) The auditor in his annual report shall report on the Auditor to
... . . report
activities and position of each reserve fund established under on reserve
1 ,. < funds
subsection 1.
138
56
Temporary Loans
Current 91 — (1) Section 332 of The Munici-pal Act applies mutatis
borrowings 7,t-.- ^ /- -i
R.s.o. 1970, mutandis to the Reerional Council.
c. 284 °
Idem
(2) In 1974, for the puiposes of subsection 4 of section 332
of The Municipal Act, the amount that may be borrowed at
any one time prior to the adoption of the estimates for that
year shall be such amount as may be approved by the
Minister.
Debt
Debt
R.S.O. 1970,
c. 323
Liability
Limitation
92. — (1) Subject to the limitations and restrictions in this
Act and The Ontario Municipal Board Act, the Regional
Council may borrow money for the purposes of,
(a) the Regional Corporation;
{b) any area municipality;
(c) the joint purposes of any two or more area
municipalities,
whether under this or any general or special Act, and may
issue debentures therefor on the credit of the Regional
Corporation.
(2) All debentures issued pursuant to a by-law passed by
the Regional Council under the authority of this Act are
direct, joint and several obligations of the Regional Corpora-
tion and the area municipalities notwithstanding the fact
that the whole or any portion of the rates imposed for the
payment thereof may have been levied only against one or
more of the area municipalities, but nothing in this sub-
section affects the rights of the Regional Corporation and of the
area municipalities respectively as among themselves.
(3) Notwithstanding any general or special Act, no area
municipality has, after the 31st day of December, 1973, power
to issue debentures.
Uncompleted (4) When an area municipality, on or before the 31st day
of December, 1973,
(a) has applied for and obtained the final approval of
the Municipal Board in respect of any work, project
or other matter mentioned in subsection 1 of section
64 of The Ontario Municipal Board Act; and
138
57
(b) has entered into a contract for or authorized the
commencement of such work, project or matter
but has not prior to that date issued the debentures
authorized,
the Regional Council, upon the request of the council of the
area municipality, shall pass a by-law authorizing the issue
and sale of debentures of the Regional Corporation for the
purposes and in the amount approved by the Municipal
Board and shall, if required by the area municipality, issue
such debentures and provide temporary financing for the area
municipality in the manner provided in section 95 and no
further approval of the Municipal Board is required.
(5) Bonds, debentures and other evidences of indebtedness debentures
of the Regional Corporation shall be deemed to be bonds, etc., trustee
debentures and other evidences of indebtedness of a municipal
corporation for the purposes of The Trustee Act. f'fio'^^'^^'
93. Subject to the limitations and restrictions of this Act fj^^^^^^^^t^ ^j,
and The Ontario Municipal Board Act, the Regional Corpora- ^s^sue^^^^^^
tion may by by-law incur a debt or issue debentures for the r.s.o. i97o,
purposes set forth in subsection 1 of section 92 and, not-°-^^
withstanding any general or special Act, such by-law may be
passed without the assent of the electors of the Regional Area.
94. — (1) Where, under any general or special Act, an areaWem
municipality cannot incur a debt or issue debentures for a
particular purpose without the assent of its electors or without
the concurrence of a specified number of the members of its
council, the Regional Council shall not pass a by-law author-
izing the issue of debentures on behalf of such area munici-
pality for such purpose unless such assent or concurrence
to the passing of the by-law by the Regional Council has
been obtained.
(2) Nothing in subsection 1 requires the assent of any Proviso
electors where such assent has been dispensed with under
section 63 of The Ontario Municipal Board Act.
95. — (1) Where the Municipal Board has authorized theSorrovdng
borrowing of money and the issue of debentures by the issue and
Regional Corporation for its purposes, the Regional Council debenturef
pending the issue and sale of the debentures may agree with
a bank or person for temporary advances from time to
time to meet expenditures incurred for the purpose author-
ized, and may by by-law pending the sale of such debentures
or in lieu of selling them authorize the chairman and trea-
surer to raise money by way of loan on the debentures and
to hypothecate them for the loan.
138
58
Idem
(2) When the Municipal Board has authorized the borrow-
ing of money and the issue of debentures by the Regional
Corporation for the purposes of an area municipality, the
Regional Council or the council of the area municipality,
pending the issue and sale of the debentures may, and the
Regional Council on the request of the area municipality shall,
agree with a bank or person for temporary advances from
time to time to meet expenditures incurred for the purposes
authorized, and the Regional Council may, or on the request
of the area municipality shall, pending the sale of such deben-
tures or in lieu of seUing them, authorize the chairman and
treasurer to raise money by way of loan on the debentures
and to hypothecate them for the loan, and shall transfer the
proceeds of such advance or loan to the area municipality.
^roceeds°° ^^^ ^^^ Regional Corporation may charge interest on any
transferred proceeds of an advance or loan transferred under subsection
2 at a rate sufficient to reimburse it for the cost of such
advance or loan.
ofproceeds" i^) ^^^ proceeds of every advance or loan under this section
ofioan shall be applied to the purposes for which the debentures were
authorized, but the lender shall not be bound to see to the
application of the proceeds and, if the debentures are subse-
quently sold, the proceeds of the sale shall be applied first in
repayment of the loan and, where the debentures were issued
for the purposes of an area municipality, the balance, subject
to section 107, shall be transferred to the area municipality.
Hypothe-
cation (5) Subiect to subsection 4, the redemption of a debenture
not to prevent i i i i
subsequent hypothecated does not prevent the subsequent sale thereof.
Sd>l6 01
debentures
Principal
and interest
payments
96. — (1) Subject to subsection 2, a money by-law for the
issuing of debentures shall provide that the principal shall
be repaid in annual instalments with interest annually or
semi-annually upon the balances from time to time remaining
unpaid, but the by-law may provide for annual instalments
of combined principal and interest.
Sinking
fund
debentures
(2) A money by-law for the issuing of debentures may
provide that the principal shall be repaid at a fixed date with
interest payable annually or semi-annually, in which case
debentures issued under the by-law shall be known as sink-
ing fund debentures.
When
debentures
to be
payable
(3) Notwithstanding any general or special Act, the whole
debt and the debentures to be issued therefor shall be made
payable within such term of years as the Municipal Board
may approve.
138
59
(4) The by-law may provide for raising in each year, by j^^Pf^^^^^.^g^.
special levy or levies against one or more area municipalities, areamuni-
the whole or specified portions of the sums of principal and
interest payable under the by-law in such year, and each
area municipality shall pay to the Regional Corporation such
sums at the times and in the amounts specified in the by-law.
(5) The by-law shall provide for raising in each year, by aj^^^^^ai
special levy on all the area municipalities, the sums of
principal and interest payable under the by-law in such
year to the extent that such sums have not been provided
for by any special levy or levies against any area municipality
or municipalities made especially liable therefor by the by-law.
(6) Any special levy against an area municipality imposed ^^J^^^y^jj
by the by-law under the authority of subsection 4 may becipaiities
levied by the area municipality against persons or property
in the same manner and subject to the same limitations as if
it were passing a by-law authorizing the issue of debentures
of the area municipality for the same purpose for the portion
of the debt levied against it under subsection 4.
(7) Notwithstanding subsection 5, the Regional Council ^^l'^^^™®^^
may by by-law, and
J J J debentures
to refund
6xistjiii&r
{a) authorize the borrowing of money by the issue of debentures
instalment debentures, the last instalment of which **■ '"**^"*^^
shall mature not earlier than ten years after the
date upon which they are issued, and a specified
sum of principal payable thereunder in the final
year shall be raised by the issue of refunding
debentures as provided in clause h, and it shall not
be necessary to raise by special rate in the year
of maturity of the debentures to be refunded an
amount equal to the specified principal amount
of the debentures which are being refunded; and
(6) authorize the issue of debentures to refund at
maturity outstanding debentures of the munici-
pality, provided that the refunding debentures shall
be payable within the maximum period of years that
was approved by the order of the Municipal Board
for the repayment of debentures issued for the
debt for which the outstanding debentures were
issued, commencing on the date of the debentures
originally issued for such debt,
and any such by-law shall provide that the sums of principal
and interest payable under the by-law shall be raised by
a special levy or levies against such area municipality or
138
60
municipalities as may be specified in the by-law and such
levy shall be levied against the same area municipality or
municipalities in each case.
Levy
(8) Any special levy against an area municipality imposed
by the by-law under the authority of subsection 7 may be
levied by the area municipality against persons or property
in the same manner and subject to the same limitations as
if it were passing a by-law authorizing the issue of debentures
of the area municipality for the same purpose for the portion
of the debt levied against it under subsection 7, and any
levy imposed by a by-law under clause h of subsection 7 shall
be levied by the area municipality against the same persons
or property as the levy imposed by the related by-law under
clause a of subsection 7 was levied.
Levies
a debt
By-law to
change
mode of
issuing
debentures
(9) All levies imposed by the by-law against an area
municipality are a debt of the area municipality to the
Regional Corporation.
(10) The Regional Council may by by-law authorize a
change in the mode of issue of the debentures and may
provide that the debentures be issued with coupons instead
of in amounts of combined principal and interest or vice
versa, and where any debentures issued under the by-law
have been sold, pledged or hypothecated by the Regional
Council upon again acquiring them or at the request of any
holder of them, may cancel them and issue one or more
debentures in substitution for them, and make such new
debenture or debentures payable by the same or a different
mode on the instalment plan, but no change shall be made
in the amount payable in each year.
Debentures,
when to be
dated and
issued
(11) All the debentures shall be issued at one time and
within two years after the passing of the by-laws unless, on
account of the proposed expenditure for which the by-law
provides being estimated or intended to extend over a number
of years and of its being undesirable to have large portions
of the money in hand unused and uninvested, in the opinion
of the Regional Council it would not be of advantage to so
issue them, and in that case the by-law may provide that the
debentures may be issued in sets of such amounts and at
such times as the circumstances require, but so that the first
of the sets shall be issued within two years, and all of
them within five years, after the passing of the by-law.
Date of
debentures
(12) All the debentures shall bear the same date, except
where they are issued in sets, in which case every debenture
of the same set shall bear the same date.
138
M
61
(13) Notwithstanding the provisions of the by-law, the idem
debentures may bear date at any time within the period of
two years or five years, as the case may be, mentioned in
subsection 11 and the debentures may bear date before the
date the by-law is passed if the by-law provides for the first
levy being made in the year in which the debentures are
dated or in the next succeeding year.
(14) The Municipal Board, on the application of the^^?^|^°°
Regional Council, the council of any area municipality or for issue
any person entitled to any of the debentures or of the
proceeds of the sale thereof, may at any time extend the time
for issuing the debentures beyond the two years, or the time
for the issue of any set beyond the time authorized by the
by-law.
(15) The extension may be made although the application ^|!gPj.*^?;^*°°
is not made until after the expiration of the two years or of expired
the time provided for the issue of the set.
(16) Unless the by-law names a later day when it is to^^®g^*^^®
take effect, it takes effect on the day of its passing.
(17) Notwithstanding any general or special Act, the^on-^^^^^
Regional Council may borrow sums for two or more purposes
in one debenture by-law and provide for the issue of one
series of debentures therefor.
Con-
solidating
(18) Section 290 of The Municipal Act applies mutatis ^^^ritme
mutandis to the Regional Corporation. r.s.o. i970,
(19) The by-law may provide that all the debentures or a^g®j^®^P*^o°
portion thereof shall be redeemable at the option of the maturity
Regional Corporation on any date prior to maturity, subject
to the following provisions:
1 . The by-law and every debenture that is so redeemable
shall specify the place or places of payment and the
amount at which such debenture may be so redeemed.
2. The principal of every debenture that is so redeem-
able becomes due and payable on the date set for
the redemption thereof, and from and after such
date interest ceases to accrue thereon where provi-
sion is duly made for the payment of principal
thereof, the interest to the date set for redemption
and any premium payable on redemption.
3. Notice of intention so to redeem shall be sent by
prepaid mail at least thirty days prior to the date
138
62
set for such redemption to the person in whose name
the debenture is registered at the address shown in
the Debenture Registry Book.
4. At least thirty days prior to the date set for such
redemption, notice of intention so to redeem shall
be published in The Ontario Gazette and in a daily
newspaper of general circulation in the Regional
Area and in such other manner as the by-law may
provide.
5. Where only a portion of the debentures issued under
the by-law is so to be redeemed, such portion shall
comprise only the debentures that have the latest
maturity dates and no debentures issued under the
by-law shall be called for such redemption in priority
to any debentures that have a later maturity date.
6. Where a debenture is redeemed on a date prior to
maturity, such redemption does not affect the
validity of any by-law by which special assessments
are imposed or instalments thereof levied, the
validity of such special assessments or levies, or the
powers of the Regional Council to continue to levy
and collect from any area municipality the sub-
sequent payments of principal and interest payable
by it to the Regional Council in respect of the
debenture so redeemed.
Currency ^20) The by-law may provide that the debentures to be
issued thereunder shall be expressed and be payable,
(a) in lawful money of Canada and payable in Canada;
or
{h) in lawful money of the United States of America
and payable in the United States of America; or
(c) in lawful money of Great Britain and payable in
Great Britain; or
{d) subject to the prior approval of the Lieutenant
Governor in Council, in a currency other than that
of Canada, the United States of America or Great
Britain.
v&^T^ (21) Where under the provisions of the by-law debentures
issued thereunder are expressed and made payable in lawful
money of the United States of America or of Great Britain,
or in any currency other than that of Canada, the Regional
138
63
Council may in such by-law or in any amending by-law in
lieu of providing for the raising in each year during the
currency of the debentures specific sums sufficient to pay
interest thereon or instalments of principal falling due in
such year, provide that there shall be raised such yearly
amount as may be necessary for such purposes and as the
requirements for such purposes may from year to year vary.
(22) When sinking fund debentures are issued, the amount Principal
of principal to be raised in each year shall be a specific sum
which, with the estimated interest at a rate not exceeding
5 per cent per annum, capitalized yearly, will be sufficient to
pay the principal of the debentures or any set of them, when
and as it becomes due.
(23) When sinking fund debentures are issued, the sinking con-^^^^
fund committee shall keep one or more consolidated bank bank
, . , '■ accounts
accounts in which,
(a) the treasurer of the Regional Corporation shall deposit
each year during the term of the debentures the
moneys raised for the sinking fund of all debts that
are to be paid by means of sinking funds; and
(b) there shall be deposited all earnings derived from,
and all proceeds of the sale, redemption or payment of,
sinking fund investments.
(24) When sinking fund debentures are issued there shall be^^J^^^*^
a sinking fund committee that shall be composed of the committee
treasurer of the Regional Corporation and two members
appointed by the Regional Council, and the two appointed
members may be paid, out of the current fund of the Regional
Corporation, such annual remuneration as the Regional
Council determines.
(25) The Regional Council may appoint an alternate rnem-^ig*^''^^**®
ber for each of the appointed members and any such alternate
member has all the powers and duties of the member in the
absence or inability to act of such member.
(26) The treasurer of the Regional Corporation shall he^^^^^^^^
the chairman and treasurer of the sinking fund committee and
in his absence the appointed members may appoint one of
themselves as acting chairman and treasurer.
(27) Each member of the sinking fund committee shall, security
before entering into the duties of his office, give security
for the faithful performance of his duties and for duly account-
ing for and paying over all moneys that come into his hands,
138
64
R.S.0. 1970,
C.284
in such amount as the auditor of the Regional Corporation
shall determine, and in other respects the provisions of sec-
tion 233 of The Municipal Act apply with respect to such
security.
Quorum (28) Two members of the sinking fund committee are a
quorum, and all investments and disposals of investments
must be approved by a majority of all the members of the
committee.
Control of
sinking
fund assets
With-
di'awals
from bank
accounts
Invest-
ments
Idem
(29) All assets of the sinking funds, including all con-
solidated bank accounts, shall be under the sole control and
management of the sinking fund committee.
(30) All withdrawals from the consolidated bank accounts
shall be authorized by the sinking fund committee, and all
cheques on the consolidated bank accounts shall be signed
by the chairman or acting chairman and one other member
of the sinking fund committee.
(31) The sinking fund committee shall invest any moneys
on deposit from time to time in the consolidated bank accounts
and may at any time or times vary any investments.
(32) The moneys in the consolidated bank accounts shall
be invested in one or more of the following forms,
{a) in securities in which a trustee may invest under
R.S.O.1970. The Trustee Act;
(b) in debentures of the Regional Corporation;
(c) in temporary advances to the Regional Corporation
pending the issue and sale of any debentures of the
Regional Corporation;
{d) in temporary loans to the Regional Corporation for
current expenditures, but no loan for such purpose
shall be made for a period ending after the end of
the calendar year in which the loan is made.
8ecuritie°s^ (33) Any securities acquired by the sinking fund committee
with as investments for sinking fund purposes may be deposited
of Ontario with the Treasurer of Ontario.
Release of
securities
(34) The Treasurer of Ontario shall release, deliver or other-
by Treasurer wise dispose of any security deposited with him under sub-
section 33 only upon the direction in writing of the sinking
fund committee.
138
65
(35) All sinking fund debentures issued on the same date Sinking
payable in the same currency, and maturing on the same accounts
date, notwithstanding they are issued under one or more
by-laws, shall be deemed one debt and be represented by one
sinking fund account.
(36) That portion of the amount of all earnings in any year.E^^niings
on an accrual basis, from sinking fund investments obtained to sinking
, ° fund
by, accounts
(a) multiplying the amount of all such earnings by the
amount of the capitalized interest for that year under
subsection 22 with respect to the principal raised up
to and including such year for all sinking fund
debentures represented by any sinking fund account ;
and
(b) dividing the product obtained under clause a by the
amount of all capitalized interest for that year under
subsection 22 with respect to all principal raised up
to and including such year for all outstanding sinking
fund debentures,
shall be credited to the sinking fund account mentioned in
clause a.
(37) The treasurer of the Regional Corporation shall pre-^^^|^*°K
pare and lay before the Regional Council in each year, before require-
the annual regional levies are made, a statement showing
the sums that the Regional Council will be required, by by-law,
to raise for sinking funds in that year.
(38) If the treasurer of the Regional Corporation contravenes offence
subsection 23 or 37, he is guilty of an offence and on summary
conviction is liable to a fine of not more than $250.
(39) If the Regional Council neglects in any year to levy L^^y ''^ *°
the amount required to be raised for a sinking fund, each
member of the Regional Council is disqualified from holding
any municipal office for two years, unless he shows that he
made reasonable efforts to procure the levying of such amount.
(40) Notwithstanding this or any other Act or by-law, if^o^ntin
it appears at any time that the amount at the credit of any sinking
sinking fund account will be more than sufficient, with the account
estimated earnings to be credited thereto under subsection ^mcienl;"
36 together with the levy required to be made by the by-law ^ebf^
or by-laws that authorized the issue of the debentures repre-
sented by such sinking fund account, to pay the principal of
138
66
the debt represented by such sinking fund account when it
matures, the Municipal Board, on the apphcation of the sink-
ing fund committee, the Regional Council or the council of
an area municipality, may authorize the Regional Council or
the council of an area municipality to reduce the amount of
money to be raised with respect to such debt in accordance
with the order of the Municipal Board.
:No diversion (41) Nq money collected for the purpose of a sinking fund
jfunds shall be applied towards paying any part of the current or
other expenditure of the Regional Corporation or otherwise
than is provided in this section.
Surplus (42) When there is a surplus in a sinking fund account, the
sinking fund committee shall,
{a) use the surplus to increase the amount at the credit
of another sinking fund account; or
(b) authorize the withdrawal of the surplus from the
consolidated bank accounts, and the surplus shall be
used for one or more of the following purposes,
(i) to retire unmatured debentures of the Regional
Corporation or of an area municipality,
(ii) to reduce the next annual levy on account of
principal and interest payable with respect
to debentures of the Regional Corporation or
of an area municipality,
(iii) to reduce the amount of debentures to be
issued for other capital expenditures for which
the issue of debentures has been approved by
the Municipal Board,
and the surplus shall be used under either clause a or b for
the purposes of the Regional Corporation or an area munici-
pality in the proportion that the amount of the contribution
for the purposes of each bears to the total contributions to
the sinking fund account in connection with which the surplus
arose.
Deficit
and
surplus
(43) Notwithstanding that any sinking fund debentures
have been issued for the purposes of one or more area muni-
cipalities, any deficit in the sinking fund account shall be
provided by the Regional Corporation out of its current
funds and any surplus in the sinking fund account shall be
used as provided in subsection 42.
138
67
(44) A money by-law may authorize the issue of debentures Jl^^^^^^^
of which a portion shall be payable on a fixed date with
interest payable annually or semi-annually, in which case
such debentures shall be known as term debentures.
(45) In respect of the term debentures, the by-law shall ^m^ou^nte to
provide for raising, annually
{a) in each year of the currency of the term debentures
a sum sufficient to pay the interest on the term
debentures; and
(b) in each year of the currency of the term debentures
in which no other debentures issued under the same
by-law become due and payable, a specific amount to
form a retirement fund for the term debentures
which, with interest at a rate not to exceed 5 per
cent per annum compounded yearly, will be suffi-
cient to pay the principal of the term debentures
at maturity.
(46) The retirement fund for the term debentures shall be^^jj^^^ement
administered by the sinking fund committee in all respects
in the same manner as a sinking fund established under this
section, and the provisions of subsections 25 to 41 of this
section with respect to a sinking fund shall apply mutatis
mutandis to such retirement fund.
97. — (1) If the Municipal Board is of the opinion that the when^r^ate
current rate of interest so differs from the rate of interest may be
payable on any debentures that remain unsold or undisposed
of that the sale or disposal thereof may substantially decrease
or increase the amount required to be provided under the
by-law under which such debentures were issued, the Munici-
pal Board may authorize the Regional Council to pass a
by-law to amend such by-law so as to provide for,
(a) a different rate of interest ;
(6) a change in the amount to be raised annually and,
if necessary, in the special levies;
(c) such other changes in such by-law or any other by-
law as to the Municipal Board may seem necessary
to give effect thereto ;
{d) the issue of new debentures to bear interest at the
amended rate in substitution and exchange for such
first-mentioned debentures; and
138
68
Hypothe-
cation
not a sale
under this
section
Con-
solidation
of
debentures
Special
assessment
and levies
{e) the cancellation of such first-mentioned debentures
upon the issue of such new debentures in substitu-
tion and exchange therefor.
(2) For the purposes of this section, the hypothecation of
debentures under section 95 shall not constitute a sale or other
disposal thereof.
(3) The Regional Council may by one by-law authorized
under subsection 1 amend two or more by-laws and provide
for the issue of one series of new debentures in substitution
and exchange for the debentures issued thereunder.
(4) A by-law passed under this section does not affect the
validity of any by-law by which special assessments are
imposed or instalments thereof levied, the validity of such
special assessments or levies, or the powers of the Regional
Council to continue to levy and collect from any area muni-
cipality the subsequent payments of principal and interest
payable by it to the Regional Council.
by-^awwhen ^^* — (^) ^^ere part only of a sum of money provided for
part only by a by-law has been raised, the Regional Council may repeal
to be raised the by-law as to any part of the residue, and as a pro-
portionate part of the amounts to be raised annually.
When to
take
effect
(2) The repealing by-law shall recite the facts on which
it is founded, shall provide that it shall take effect on the
31st day of December in the year of its passing, shall not affect
any rates or levies due or penalties incurred before that day
and shall not take effect until approved by the Municipal
Board.
Until debt
paid certain
by-laws
cannot
be repealed
Application
ofpayments
99. — (1) Subject to section 98, after a debt has been con-
tracted under a by-law, the Regional Council shall not, until
the debt and interest have been paid, repeal the by-law or
any by-law appropriating, for the payment of the debt or the
interest, the surplus income from any work or any interest
therein, or money from any other source, and shall not alter
any such by-law so as to diminish the amount to be raised
annually, and shall not apply to any other purpose any money
of the Regional Corporation that has been directed to be
applied to such payment.
(2) When the Regional Corporation, by or under the authority
of this Act, pays to an area municipality any amount of
principal and interest becoming due upon any outstanding
debentures issued by the area municipality, neither the council
of the area municipality nor any officer thereof shall apply
138
69
any of the moneys so paid for any purpose other than the
payment of the amounts of principal and interest so becoming
due.
100. Any officer of the Regional Corporation whose duty Offence for
it is to carry into effect any of the provisions of a money officer
to C3.rrv
by-law of the Regional Corporation, who neglects or refuses out by-iaw
to do so, under colour of a by-law illegally attempting to
repeal or amend it, so as to diminish the amount to be raised
annually under it, is guilty of an offence and on summary
conviction is liable to a fine of not more than $100.
101. — (1) Within four weeks after the passing of a money ^°^®yg j^^^^y
by-law, the clerk may register a duphcate original or a copy ^e registered
of it, certified under his hand and the seal of the Regional
Corporation, in the appropriate land registry office.
(2) Subject to section 61 of The Ontario Municipal Board ^PV>^^^tion
Act, every by-law registered in accordance with subsection 1 , registered
. bv~lfl'W when
or before the sale or other disposition of the debentures issued to be made
under it, and the debentures are valid and binding, according
to the terms thereof, and the by-law shall not be quashed,
unless within one month after the registration in the case of
by-laws passed under The Drainage A ct, or The Local Improve- ^^333 ^^^g'
ment Act, and in the case of other by-laws, within three 255
months after the registration, an application or action to
quash the by-law is made to or brought in a court of competent
jurisdiction, and a certificate under the hand of the proper
officer of the court and its seal, stating that such application
has been made or action brought, is registered in such registry
office within such period of three months or one month, as
the case may be.
(3) After the expiration of the period prescribed by sub- ^^'^^^^^'^
section 2, if no application or action to quash the by-law be yaiid
' i^^r T J and binding
is made or brought, the by-law is valid and binding accordmg
to its terms.
(4) If an application or action to quash the by-law is made Q^^^.^^i'^^
or brought within the period prescribed by subsection 2, but^y-iaw
part only of the by-law is sought to be quashed, the remainder
of it, if no application or action to quash it is made or brought
within that period, is after the expiration of that period,
valid and binding according to its terms.
(5) If the application or action is dismissed in whole or in Dismissal
part, a certificate of the dismissal may be registered, and application
after such dismissal and the expiration of the period pre-
scribed by subsection 2, if it has not already expired, the
by-law, or so much of it as is not quashed, is valid and
binding according to its terms.
138
70
Illegal (6) Nothing in this section makes vahd a by-law passed
validated without the assent of the electors of an area municipality as
required by subsection 2 of section 94 or a by-law where it
appears on the face of it that any of the provisions of subsection
5 of section 96 have not been substantially complied with.
Failure (7) Failure to register a by-law as prescribed by this sec-
tion does not invalidate it.
Debentures, 102. — (1) A debenture or other like instrument shall be
and executed sealed with the seal of the Regional Corporation, which seal
may be engraved, lithographed, printed or otherwise me-
chanically reproduced thereon, and, subject to subsection 3,
shall be signed by the chairman, or by some other person
authorized by by-law of the Regional Corporation to sign it,
and by the treasurer.
Interest (2) A debenture may have attached to it interest coupons
that shall be signed by the treasurer and his signature may
be engraved, lithographed, printed or otherwise mechanically
reproduced thereon and such interest coupons are sufficiently
signed if they bear the signature of the treasurer on the date the
Regional Council authorized the execution of the debenture
or on the date the debenture bears or at the time the deben-
ture was issued and delivered.
Mechanical (3) The signature of the chairman, or such other person
r|pro uc ion g^^^j^Qj.J2ed by by-law to sign the debentures or other like
signatures instruments, may be engraved, lithographed, printed or other-
wise mechanically reproduced thereon, and if the debenture
or other like instruments are countersigned in writing by a
person authorized by by-law of the Regional Corporation
to countersign, the signature of the treasurer may be engraved,
lithographed, printed or otherwise mechanically reproduced
thereon.
mSanicai ('^) ^^^ ^^^^ ^^ ^^^ Regional Corporation when so engraved,
reproduction lithographed, printed or otherwise mechanically reproduced has
the same force and effect as if manually affixed and the signature
of the chairman or such other person authorized by by-law
to sign the debentures or other like instruments and, if the
debentures or other like instruments are countersigned, the
signature of the treasurer when so engraved, lithographed,
printed or otherwise mechanically reproduced shall be deemed
the signature of the chairman or other person so authorized
to sign or of the treasurer, as the case may be, and is binding
upon the Regional Corporation.
Sufficiency (5) Any debenture or other like instrument is sufficiently
signatures signed and countersigned if it bears the signature of the
138
71
persons provided in this section if such persons had authority
to sign and countersign as provided in this section either
on the date the Regional Council authorized the execution
of such instrument or on the date such instrument bears or
at the time it was issued and delivered.
103. Where the interest for one year or more on the debentures
-^ . on wnicn
debentures issued under a by-law and the principal of any payment has
DG6n IT1£LQ6
debenture that has matured has been paid by the Regional for one year
Corporation, the by-law and the debentures issued under it
are valid and binding upon the Regional Corporation.
1 04. — ( 1 ) Where a debenture contains or has endorsed upon ^°n|fg^
it provision to the following effect : may be
^ ° prescribed
This debenture, or any interest therein, is not, after a certificate
of ownership has been endorsed thereon by the treasurer of this
Corporation (or by such other person authorized by by-law of
this Corporation to endorse such certificate of ownership), transfer-
able except by entry by the treasurer (or by such other person so
authorized) in the Debenture Registry Book of the Corporation at
the
of.
the treasurer (or such other persons so authorized), on the
application of the owner of the debenture or of any interest in
it, shall endorse upon the debenture a certificate of ownership
and shall enter in a book to be called the Debenture Registry
Book, a copy of the certificate and of every certificate that
is subsequently given, and shall also enter in such book a
memorandum of every transfer of such debenture.
(2) A certificate of ownership shall not be endorsed on a^®^^y'|g,.Q
debenture except by the written authority of the person last ^^^°^^J°^g
entered as the owner of it, or of his executors or administrators, of
r 1 • 1 • 1 •<• 1 1 1 ownership
or of his or their attorney, and, if the person last entered as
owner of it is a corporation, the written authority of such
corporation, or its successors, which authority shall be re-
tained and filed by the treasurer.
(3) After a certificate of ownership has been endorsed, the transfer by
debenture, if it contains or has endorsed upon it a provision Debenture
to the like effect of the provision contained in subsection l,Book
is transferable only by entry by the treasurer (or by such
other person so authorized) in the Debenture Registry Book
as and when a transfer of the debenture is authorized by the
then owner of it or his executors or administrators or his
or their attorney and, if the then owner of it is a corporation,
the written authority of such corporation, or its successors.
138
72
Replacement 105. Where a debenture is defaced, lost or destroyed, the
of lost T-> • 1 /- -1 • 1 r 1 •
debentures Kegional Louncil may by by-law provide for the replacing
of the debenture on the payment of such fee and on such
terms as to evidence and indemnity as the by-law may
provide.
Exchange
of
debentures
106. — (1) On request of the holder of any debenture issued
by the Regional Corporation, the treasurer of the Regional
Corporation may issue and deliver to such holder a new
debenture or new debentures in exchange therefor for the
same aggregate principal amount.
of'sinking* (2) On the request of the sinking fund committee, the
f'lnd treasurer of the Regional Corporation may, as provided in
committee . '-' ^ j < tr
this section, exchange debentures heretofore or hereafter
issued by the Regional Corporation.
New ^ ^^ (3) Any new debenture mentioned in subsection 1 may be
of same force registered as to principal and interest but in all other respects
debenture shall be of the Same force and effect as the debenture or deben-
surrendered . ^ ^ t \_
tures surrendered for exchange.
Debentures (4) The treasurer and auditor of the Regional Corporation
surrendered ^ ' or
for exchange shall cancel and destroy all debentures surrendered for exchange
cancelled and shall certify in the Debenture Registry Book that they
have been cancelled and destroyed and shall also enter in the
Debenture Registry Book particulars of any new debenture
issued in exchange.
Application
of proceeds
of
debentures
107. — (1) The moneys received by the Regional Corpora-
tion from the sale or hypothecation of any debentures to the
extent that such moneys are required for the purposes for
which the debentures were issued, and for the repayment of
any outstanding temporary loans with respect thereto, shall
be used only for such purpose or purposes.
Idem
(2) None of the moneys received by the Regional Corpora-
tion from the sale or hypothecation of any debentures shall be
applied towards payment of the current or other expenditures
of the Regional Corporation or an area municipality.
Surplus
(3) Where on the sale of any debenture an amount is
realized in excess of that required for the purpose or purposes
for which the debentures were issued, the excess amount shall
be applied,
if any such debentures are redeemable prior to
maturity at the option of the Regional Corporation
to redeem one or more of the debentures having
the latest maturity date; or
138
73
(b) to reduce the next annual levy on account of principal
and interest payable with respect to such deben-
tures; or
(c) to reduce the amount of debentures to be issued for
other capital expenditures of a similar nature for
which the issue of debentures has been approved by
the Municipal Board, provided that the principal
and interest charges of such debentures are levied
upon the assessment of the same class of ratepayers
as was levied upon for the principal and interest
charges of the debentures with respect to which the
excess arose.
(4) Where on the sale of any debentures a deficiency in the Deficiency
amount required for the purpose or purposes for which the
debentures were issued is sustained, the amount of such
deficiency shall be added to the sum to be raised for the first
annual payment of principal and interest with respect to the
debentures and the levy made in the first year for such
purpose or purposes shall be increased accordingly or shall be
raised by the issue of other debentures approved by the
Municipal Board for the same or any similar purpose or
purposes.
108. Where real or personal property acquired out of ^p^®j,°^^g ^^
moneys received by the Regional Corporation from the sale sale of
or hypothecation of any debentures is disposed of by sale or acquired
otherwise, the net proceeds of such disposal shall be applied proceeds of
as an excess in accordance with subsection 3 of section 107 debentures
or, with the approval of the Municipal Board, may be applied
to meet the whole or a portion of any other capital expenditure
the debt charges for which, if raised by taxation, would be
raised by taxation levied upon the assessment of the same
class of ratepayers as was levied upon for the principal and
interest charges of the property disposed of or sold.
109. When the Regional Corporation intends to borrow Tenders for
money on debentures under this or any other Act , the Regional
Council may prior to the issue thereof call for tenders for the
amount of money required and the person tendering shall
specify the rate of interest the debentures shall bear when
issued at par.
110.— (1) The Regional Council shall, how°to°bl'
kept
{a) keep a separate account of every debenture debt;
{b) where the whole of a debenture debt is not payable
in the current year, keep in respect thereof,
138
74
(i) an additional account for the interest, if any,
and
(ii) an additional account for the sinking fund or
the instalments of principal,
distinguished from all other accounts by a prefix
designating the purpose for which the debenture
debt was contracted; and
Consolidated
interest
account
(c) keep the accounts so as to exhibit at all times the
state of every debt, and the amount of money raised,
obtained and appropriated for the payment of it.
(2) The Regional Council may by by-law provide and direct
that instead of a separate account of the interest upon every
debt being kept, a consolidated account of the interest upon
all debts may be kept, but which consolidated account shall
be so kept that it will be possible to determine therefrom the
true state of the interest account upon every debt and that
provision has been made to meet the interest upon every
debt.
Application
of surplus
money
Liability
of members
Action by
ratepayer
Disqualifi-
cation
111. If, in any year after paying the interest and appro-
priating the necessary sum in payment of the instalments,
there is a surplus properly applicable to such debt, it shall
so remain until required in due course for the payment of
interest or in payment of principal.
112. — (1) If the Regional Council applies any money
raised for a special purpose or collected for a sinking fund in
payment of current or other expenditure, the members who
vote for such application are personally liable for the amount
so applied, which may be recovered in any court of competent
jurisdiction.
(2) If the Regional Council, upon the request in writing
of a ratepayer of any area municipality, refuses or neglects
for one month to bring an action therefor, the action may
be brought by any such ratepayer on behalf of himself and all
other ratepayers in the Regional Area.
(3) The members who vote for such application are dis-
qualified from holding any municipal office for two years.
Refinancing
of
debentures
113. When, by or under the authority of this Act, the
Regional Corporation is or becomes liable for the payment
to an area municipality of all amounts of principal and
interest becoming due upon any outstanding debentures issued
by the area municipality, the Regional Corporation may,
with the approval of the Municipal Board,
138
75
(a) cancel all such debentures that have not been sold
and issue new debentures of the Regional Corporation
in substitution and exchange therefor and apply the
proceeds thereof, as may be directed by the Muni-
cipal Board, for the purposes for which such deben-
tures were issued;
{b) arrange with the area municipality for the redemption
of all such debentures as are redeemable and issue
new debentures of the Regional Corporation to raise
the moneys required for such redemption ; and
(c) purchase, by agreement with the owner or owners
thereof, all such debentures of a single issue of the
area municipality, and issue new debentures of the
Regional Corporation to raise the money required to
complete such purchase.
Assets
114. In the year 1973, no local municipality in the Regional ^j^|p°|*^
Area shall, after the 1st day of June, without the approval
of the Minister, dispose of any asset purchased at a cost
of, or valued at more than $5,000.
PART X
General
116.— (1) Sections 5, 217, 223, 224, 229, 231, 232, 233 A^^^cation^
and 235, subsections 1, 4 and 5 of section 237, sections 238, c. 284
239, 245, 249, 250 and 254 and paragraphs 3, 9, 24, 63, 64,
65, 66 and 67 of section 352 and Parts XV, XVI, XVII and
XXI of The Municipal Act apply mutatis mutandis to the
Regional Corporation.
(2) For the purposes of subsection 2 of section 466 of T^^^una^Rscf
Municipal Act, the by-laws of the Regional Corporation ori970,c.284
any local board thereof shall be considered to be by-laws
passed by the council of a city.
(3) Sections 10 and 11 and, subject to subsection 3 oif^^^^°^^^^^
section 2, subsection 2 of section 14 of The Municipal Act do and amaiga-
.... • 1 • 1 matlons
not apply to any area municipality except in relation to altera-
tions of boundaries, within the Regional Area, of area muni-
cipalities, which alterations, in the opinion of the Municipal
Board, are of a minor nature.
(4) The Regional Corporation shall be considered to be a local ?^^j.^^^j^^*"^'
municipality for the purposes of paragraphs 90 and 116 of systems
subsection 1 of section 354 and section 394 of The Municipal Act. posai, enter-
tainment
expenses,
138 ^^''-
76
Delegation
of approval
(5) Notwithstanding any other provision in this Act, the
Regional Council may pass a by-law authorizing the head of the
department concerned to grant the approval required by sub-
section 2 of section 35 and any such by-law may prescribe
terms and conditions under which any such approval or
consent may be granted.
Deemed (6) The Regional Corporation shall be deemed to be a
municipality ^ ' '-' ^
forR.s.o. municipality for the purposes of section 88 of The Liquor
1970, c. 250, T ■ A : f f 1
S.88 Licence Act.
By-laws (7) Every by-law of a local municipality as it exists on the
31st day of December, 1973, shall remain in force in the area
of the former local municipality on and after the 1st day of
January, 1974, and may be amended or repealed by the council
of an area municipality as it affects such area municipality.
Idem (8) Where any local municipality has commenced pro-
cedures to enact a by-law which, prior to its enactment, re-
quires the approval of any minister of the Crown, any provin-
cial ministry, the Municipal Board or any provincial body
or agency, and such approval has not been obtained prior to
the 31st day of December, 1973, then the council of the
successor area municipality to such local municipality shall
be entitled to continue the procedure to finalize such by-law
of the local municipality in so far as it pertains to such area
municipality, and the provisions of subsection 7 apply mutatis
mutandis to any such by-law.
vesting of (9) In the event that the Regional Corporation establishes
portation a transportation system in accordance with the provisions of
system assets , \ , •' ■ ^■. ^ ^^ ^i .
In Regional subsection 4, no area municipality shall operate such a system
Corporation ^^^ ^jj ^j^^ assets and liabilities of any area municipality
used for a public transportation system vest in the Regional
Corporation on the day such regional transportation system
is established, without compensation, and the Regional Cor-
poration shall thereafter pay to the area municipality before
the due date all amounts of principal and interest becoming
due upon any outstanding debt of the area municipality in
respect of any such assets.
Default
Emergency
measures,
civil
defence
(10) If the Regional Corporation fails to make any pay-
ment on or before the due date, required by subsection 9, the
area municipality may charge the Regional Corporation interest
at the rate of 12 per cent per annum thereon, or such lower
rate as the council of the area municipality determines from
such date until payment is made.
116. — (1) The Regional Council may pass by-laws,
138
I
77
(a) for the establishment and maintenance of an emer-
gency measures civil defence organization in the
Regional Area; and
(b) for providing moneys for emergency measures and
civil defence, for the purposes of the emergency
measures civil defence organization and for the cost
of the operation of such organization, and for other
similar work in the Regional Area,
and, when a by-law passed under this subsection is in force in
the Regional Area, any by-laws passed by the council of an
area municipality under subclauses ii and iii of clause b of
section 353 of The Municipal Act have no effect. ^'^f'^^™'
(2) When a by-law passed under clause a of subsection 1 ^"^0^^°^
is in force, the Regional Council may pass by-laws, council re
" J r J ' emergency
measures
{a) with the consent of the area municipality or local
board concerned, for appointing heads of departments
and alternates to be members of or advisors to the
emergency measures planning committee or any
subcommittee thereof;
{b) with the consent of the area municipality or local
board concerned, for training employees of the area
municipality or local board in their emergency func-
tions ;
(c) for appointing members of the emergency measures
planning committee or of any subcommittee thereof
to be in charge of such departments or utilities through-
out the Regional 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; Rsp.'i97o.
c. 145
{d) for acquiring alternative headquarters for the Re-
gional Government outside the Regional Area;
(e) for obtaining and distributing emergency materials,
equipment and supplies; and
(/) for complying with any request of the Government
of Canada or of Ontario in the event of a nuclear
attack.
(3) For the purposes of The Emergency Measures Act, the'^^^^^^
Regional Corporation shall be deemed to be a county and the RS.o. i970,
area municipalities shall be deemed to be the local municipalities
that form part of the county for municipal purposes.
138
78
Expenditures
for diffusing
information
117. The Regional Corporation may make expenditures
not exceeding $50,000 in any one year for the purpose of
diffusing information respecting the advantages of the regional
municipality as an industrial, business, educational, residen-
tial or vacation centre and may make annual grants for a
period not exceeding five years, and upon the expiration of
any such period may make similar grants for a further period
not exceeding five years.
Grants
to persons
engaged in
work
advan-
tageous to
Regional
Area
118. The Regional Council may make annual grants, not to
exceed in any year a sum calculated at one-tenth of one mill
in the dollar upon the total assessment upon which the regional
levy is apportioned among the area municipalities under sub-
section 3 of section 81, to institutions, associations, area muni-
cipalities and persons carrying on or engaged in works that
in the opinion of the Regional Council are for the general
advantage of the inhabitants of the Regional Area and for which
grant or grants there is no express authority provided by any
other Act.
R.S.0. 1970
C.505
offamages 119. Where, in an action or by the settlement of a claim
to employees arising out of any injury to an employee including a member
of the Peel Regional Police Force, or to any person considered
an employee for the purposes of The Workmen's Compensation
Act, the Regional Corporation 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 Regional Corporation may impose.
Investi-
gation
by county
judge of
charges of
malfeasance
1971. 0. ■
120. — (1) Where the Regional Council passes a resolution
requesting a judge of the county court within the Regional
Area or a judge of the county court of a county or judicial
district adjoining the Regional Area to investigate any matter
relating to a supposed malfeasance, breach of trust or other
misconduct on the part of a member of the Regional Council,
or an officer or employee of the Regional Corporation, or of any
person having a contract with it, in regard to the duties or
obligations of the member, officer, employee or other person
to the Regional Corporation, or to inquire into or concerning
any matter connected with the good government of the Regional
Corporation or the conduct of any part of its public business,
including any business conducted by a local board of the
Regional Corporation, the judge shall make the inquiry and
for that purpose has all the powers that may be conferred
on a commission under Part II of The Public Inquiries Act,
1971 and he shall, with all convenient speed, report to the
Regional Council the result of the inquiry and the evidence
taken.
138
79
(2) The judge shall be paid by the Regional Corporation f^f^^jf^/*^^®
the same fees as he would be entitled to if the inquiry had
been made by him as a referee under The Judicature Act. ^fo?'^^^"'
(3) The Regional Council may engage and pay counsel to^^^f^^^f^
represent the Regional Corporation, and may pay all proper
witness fees to persons summoned to give evidence at the
instance of the Regional Corporation, and any person charged
with malfeasance, breach of trust or other misconduct, or
whose conduct is called in question on such investigation
or inquiry, may be represented by counsel.
(4) The judge may engage counsel and such other assistants^*®™
and staff and incur such incidental expenses as he considers
advisable for the proper conduct of the investigation or
inquiry, and the Regional Corporation shall pay the costs
thereof.
121. — (1) The Lieutenant Governor in Council, upon the^^^^^/^°°
recommendation of the Minister, may issue a commission to
inquire into any of the affairs of the Regional Corporation or a
local board thereof, and any matter connected therewith, and
the commission has all the powers that may be conferred on a
commission under Part II of The Public Inquiries Act, 1971. i97i, c. 49
commission
(2) A commission may be recommended at the instance of^^JJ^j^
the Ministry or upon the request in writing of not less than may issue
one-third of the members of the Regional Council, or of not less
than fifty ratepayers of an area municipality assessed as owners
and resident therein.
(3) The expenses of and incidental to the execution of the^^P^nses
commission, including the fees and disbursements of the com- commission
missioner, shall be fixed and certified by the Minister and are
subject to such division between the Regional Corporation
and the Province as the Lieutenant Governor in Council may
direct.
122. The Regional Corporation for its purposes may enter, ^nt^y on
break up, dig and trench in, upon and under the highways, etc.
lanes and other public communications of any area muni-
cipality and may construct and maintain therein pipes, sewers,
drains, conduits and other works necessary for its purposes,
without making compensation therefor, but all such highways,
lanes and other public communications shall be restored to
their original condition without unnecessary delay.
123. The Regional Corporation and any area municipality ^g8rreemenj;s
may enter into agreements for the use within any part of the
138
80
Regional Area of the services of their respective officers,
employees and equipment on any such terms and conditions
as the councils deem necessary.
oFr&o'^^^ 124. — (1) For the purposes of paragraph 9 of section 3 and
1970, c. 32 section 35 of The Assessment Act, the Regional Corporation
shall be deemed to be a municipality.
Regional
Corporation
and area
muni-
cipalities
deemed not
tenants
(2) For the purposes of paragraph 9 of section 3 of The
Assessment Act, where property belonging to the Regional
Corporation is occupied by an area municipality or where
property belonging to an area municipality is occupied by the
Regional Corporation or another area municipality, the
occupant shall not be considered to be a tenant or lessee,
whether rent is paid for such occupation or not.
Inter-
pretation
(3) In subsection 2, "Regional Corporation" and
municipality" include a local board thereof.
area
Execution
against
Regional
Corporation
125. — (1) An execution against the Regional Corporation
may be endorsed with a direction to the sheriff to levy the
amount thereof by rate, and the proceedings therein shall then
be the following :
1 . The sheriff shall deliver a copy of the writ and endorse-
ment to the treasurer of the Regional Corporation,
or leave such copy at the office or dwelling place
of the treasurer, with a statement in writing of the
sheriff's fees and of the amount required to satisfy
the execution, including the interest calculated to some
day as near as is convenient to the day of the service.
2. If the amount with interest thereon from the day
mentioned in the statement is not paid to the sheriff
within one month after the service, the sheriff shall
examine the assessment rolls of all the area muni-
cipalities and shall, in like manner as the levies of the
Regional Council for general purposes are apportioned
among the area municipalities, determine the portion
of the amount mentioned in the statement that shall
be levied against and in each area municipality.
3. The sheriff shall then in like manner as rates struck
for general municipal purposes within each area
municipality strike a rate sufficient in the dollar to
cover its share of the amount due from the execution,
and in determining such amount he may make such
addition to the same as the sheriff considers sufficient
to cover its share of the interest up to the time when
the rate will probably be available and his own fees
and poundage.
138
81
4. The sheriff shall thereupon issue a precept under his
hand and seal of office directed to the collector of the
area municipality and shall annex to the precept
the roll of such rate and shall by the precept, after
reciting the writ and that the Regional Corporation
has neglected to satisfy the same, and referring to the
roll annexed to the precept, command the collector
to levy such rate at the time and in the manner
by law required in respect of the general annual
rates.
5. If, at the time for levying the annual rates next after
the receipt of such report, the collector has a general
rate roll delivered to him for the year, he shall add a
column thereto, headed "Execution rate in A.B. vs.
The Regional Municipality of Peel" (adding a similar
column for each execution if more than one), and
shall insert therein the amount by such precept re-
quired to be levied upon each person respectively,
and shall levy the amount of such execution rate
as aforesaid, and shall, within the time within which
he is required to make the return of the general
annual rate, return to the sheriff the precept with
the amount levied thereon.
6. The sheriff shall, after satisfying the execution and all
the fees and poundage thereon, pay any surplus,
within ten days after receiving the same, to the
treasurer of the area municipality.
(2) The clerk, assessor and collector of each area muni- function
cipality shall, for all purposes connected with carrying into collector
effect, or permitting or assisting the sheriff to carry into assessor
effect, the provisions of this Act with respect to such execution,
be considered to be officers of the court out of which the writ
issued, and as such are amenable to the court and may be
proceeded against by attachment, mandamus or otherwise in
order to compel them to perform the duties imposed upon
them.
1 26. — ( 1 ) The Corporation of the County of Peel is dissolved ^^gof^etj
on the 1st day of January, 1974, and the Regional Corporation
shall stand in the place and stead of the County of Peel
in any agreements to which such county was a party.
(2) All the assets and liabilities of the County of Peel j^ssete anji
become, on the 1st day of January, 1974, the assets and etc.
liabilities of the Regional Corporation, and all documents
and records kept by the clerk or treasurer or any other officer
of the County of Peel shall be transferred to the clerk, and
138
82
on the same date that portion of the Town of Oakville described
in clause a of subsection 1 of section 2 is withdrawn from
the County of Halton.
Powers of
Municipal
Board
R.S.0. 1970,
c. 284
127. — (1) Except as provided in this Act, the Municipal
Board, upon the application of any area municipality or the
Regional Corporation, may exercise any of the powers under
clauses a, b and d of subsection 11 of section 14 of The Municipal
Act in relation to the dissolution of the County of Peel.
Settling
of doubts
R.S.0. 1970,
c. 323
(2) In the event of any doubt as to whether any particular
asset or liability is vested in the Regional Corporation under
this Act, the Municipal Board upon application has power to
determine the matter as sole arbitrator and sections 94 and 95
of The Ontario Municipal Board Act do not apply to decisions
or orders made in the exercise of such power.
Idem
(3) In the event of any doubt as to whether any outstanding
debt or portion thereof is a debt in respect of any asset
assumed by or vested in the Regional Corporation under this
Act, the Municipal Board upon application may determine
the matter and its decision is final.
Conditional
powers
128. The Lieutenant Governor in Council, upon the recom-
mendation of the Minister, may authorize all such acts or things
not specifically provided for in this Act that are considered
necessary or advisable to carry out effectively the purposes of
this Act.
Conflict
with other
Acts
Special
legislation
129. — (1) The provisions of this Act apply notwithstanding
the provisions of any general or special Act and, in the event
of any conflict between this Act and any general or special Act,
this Act prevails.
(2) The provisions of any special Act relating to the County
of Peel or a local board thereof or to any local municipality
or local board thereof within the Regional Area, in so far as the
provisions of such special Act are not in conflict with the pro-
visions of this Act, continue in force, and the powers conferred
by any such special Act may be exercised by the Regional
Corporation or a local board thereof or by the corporation of the
appropriate area municipality or a local board thereof according
to whether the powers conferred by such special Act relate to
a function assigned under this Act to the Regional Corporation
or a local board thereof or to the area municipalities or local
boards thereof.
Municipal
buildings
1 30. — ( 1 ) The Regional Corporation or an area municipality
or the Regional Corporation and one or more area muni-
cipalities.
138
83
(a) may acquire land for the purpose of constructing
municipal buildings ; and
[b) may construct municipal buildings for the use of the
Regional Corporation or the Regional Corporation
and one or more area municipalities or any local
board thereof.
(2) Section 256 of The Municipal Act applies ww^^^is ^ppHcation^
mutandis to any joint undertaking under this section. c. 284, s. 256
131. — (1) In this section "waste" includes ashes, garbage, ^^^^^^-^.j^^j^
refuse, domestic waste, solid industrial waste or municipal
refuse and such other wastes as may be designated by by-law
of the Regional Council.
(2) On and after the 1st day of January, 1974, the Regional ^^ce^j^ip^gij^^
Corporation shall provide facilities for the purpose of receiving, of waste by
dumping and disposing of waste, and no area municipality corporation
shall provide such facilities,
(3) For the purposes of subsection 2, the Regional Cor-Waste^^
poration may acquire and use land within the Regional Area sites
and may erect, maintain and operate all facilities including
buildings, structures, machinery or equipment for the purposes
of receiving, dumping and disposing of waste, and may con-
tract with any person, including Her Majesty in right of Ontario,
for such purposes, and may prohibit or regulate the dumping
and disposing of waste or any class or classes thereof upon such
land, and may charge fees for the use of such property, which
fees may vary in respect of different classes of waste, and all
such existing facilities and lands of a local municipality to the
extent they are used for such purposes vest in the Regional
Corporation on the 1st day of January, 1974, without com-
pensation.
(4) The Regional Corporation shall pay to the corporation Pay^^ents of
of any area municipality on or before the due date all amounts and interest
of principal and interest becoming due upon any outstanding cipaiities
debt of such area municipality in respect of the property
assumed by the Regional Corporation under the provisions of
subsection 3.
(5) If the Regional Corporation fails on or before the due date^^^^^^^^*
to make any payment required by subsection 4, the area muni-
cipality may charge the Regional Corporation interest at the
rate of 12 per cent per annum thereon, or such lower rate as the
council of the area municipality determines, from such date
until payment is made.
138
84
O.M.B.
to arbitrate
(6) In the event of any doubt as to whether any out-
standing debt or portion thereof was incurred in respect of any
property vested in the Regional Corporation under this section,
the Municipal Board may determine the matter and such
determination is final and binding.
Application (7) For the purposes of subsection 3, paragraph 77 of sub-
c. 284,8. 354 ' section 1 of section 354 of The Municipal Act applies mutatis,
mutandis.
Agreement 132. Where any agreement has been entered into by a local
successor .... . ,. . , ..
rights municipality, providing the terms thereof are not inconsistent
with the provisions of this Act, the Regional Corporation or the
appropriate area municipality shall on and after the 1st day of
January, 1974, be deemed to stand in the place and stead of
such local municipality in so far as the agreement pertains to
the functions of the Regional Corporation or area municipality.
Regional 133. The Regional Corporation shall appoint a Regional
co-ordinator Fire Co-ordinator who shall be responsible for the establishment
of an emergency fire service plan and program for the Regional
Area, and the Regional Corporation is authorized to expend such
sums as it considers necessary to implement such plan and
program.
Existing
134. — (1) Notwithstanding the other provisions of the Act
limits but subject to subsections 2 and 3, for the purposes of section
Rso"i970 ^2 o^ ^^^ Highway Traffic Act the area in the Regional Area
c."2d2' ' that, on the 31st day of December, 1973, formed part of a
town, village or township municipality shall be considered to
continue to form part of a town, village or township muni-
cipality.
BHawsof (2) Notwithstanding subsection 1, the Regional Council
Council and and the council of each area municipality may exercise any
of its powers under section 82 of The Highway Traffic Act in
respect of highways under its jurisdiction and control.
Existing
speed limits
continued
(3) Every by-law passed by the council of a municipality
under any provision of section 82 of The Highway Traffic Act
that applied, on the 31st day of December, 1973, to any
highway or portion thereof within the Regional Area shall
continue to apply thereto until a by-law passed by the Regional
Council or the council of an area municipality under such
section 82 applies thereto.
Application 135. — (1) On and after the 1st day of January, 1974,
i970,c.'354, no area municipality shall be required to comply with section
8. 108 jQg ^1 j^^^ Power Commission A ct.
138
85
(2) Where, on the 31st day of December, 1973, The Hydro- distribution
Electric Power Commission of Ontario or a pubhc utihties electrical
commission or a hydro-electric commission is supplying
electrical power and energy in any area within the Regional
Area, such commission shall continue, until a date to be deter-
mined by the Minister, to distribute and sell power within such
area and such commission shall be deemed to be a local board
of the area municipality in which it has jurisdiction.
(3) The members of a public utilities commission or a hydro- Members of
^ ' . . . ^ -^ commission
electric commission referred to in subsection 2, including ex conwnue
officio members, who hold office when this section comes into
force, shall continue to hold office until a date to be deter-
mined by the Minister and, in addition to such members, the
mayor elected for the area municipality in which such a com-
mission operates shall also be a member of such commission.
(4) All public utilities commissions and waterworks com- ^?™^^|^^°°^
missions within the Regional Area, except those referred to in
subsection 2, are hereby dissolved on the 1st day of January,
1974.
(5) A person who is a member of a commission referred ^^^fjgion
to in this section is not disqualified to be elected a member npt ^.^ ^
.,_,.,„ -11 -If • • disqualified
of the Regional Council or the council of an area munici- as members
pality or to sit or vote therein by reason of being a member
of such commission.
136. — (1) On the 31st day of December, 1973, all com-Bofrds,
munity centre boards and all boards of recreation or park dissolved
management in a local municipality are dissolved and the
assets and habilities thereof become, on the 1st day of
January, 1974, the assets and liabilities of the area munici-
pality of which the local municipality becomes a part, and
in the event the area of jurisdiction of any such board is
divided between two area municipalities, the committee of
arbitrators appointed under section 88 shall make the
determination of the disposition of such assets and liabilities
in the manner prescribed in that section.
(2) The council of an area municipality shall be deemed ^e^med
to be a recreation committee under The Ministry of Com- ^Q^^i'^^tee
munity and Social Services Act and the regulations thereunder, etc.
and a board of a community centre under The Community ^-S.-S; 7^J°*
Centres Act.
137. — (1) The Regional Council may pass by-laws for Acquiring
acquiring land for and establishing, laying out and im- parks, etc.
proving and maintaining public parks, zoological gardens,
recreation areas, squares, avenues, boulevards and drives in
the Regional Area and for exercising all or any of the powers
138
86
?^°^^^°' ^^^^ ^^^ conferred on boards of park management by
The Public Parks Act.
s^rituous, (2) In addition to the powers that may be exercised under
fn parks "'^ subsection 1, the Regional Council has power to let from
year to year, or for any time not exceeding ten years, the
right to sell, subject to The Liquor Licence Act, and the
regulations made thereunder, spirituous, fermented or in-
toxicating liquors within regional parks under such regula-
tions as the Regional Council may prescribe.
R.S.0. 1970
c. 250
Application
ofR.S.O.
1970, c. 284
(3) Paragraphs 70 and 71 of section 352 of The Municipal
Act apply mutatis mutandis to the Regional Corporation.
Corporation (^) ^^^ Regional Corporation shall be deemed to be a
ci"aift municipality for the purposes of The Parks Assistance Act
under R.s.o. and The Community Centres Act.
1970, cc. 337, 73 -^
Parkiands (5) Where, under an agreement with any conservation
owned by ^ ' . i • i •
conservation authority, lands vested in the conservation authority are
on y managed and controlled by the Regional Corporation, the
Regional Corporation may.
{a) exercise all or any of the powers conferred on it
under subsection 1 in respect of such lands ;
{h) lay out, construct and maintain roads on such lands
and, with the consent of the area municipality in
which such lands, or any part thereof, are situate,
assume the maintenance of existing roads on such
lands, or any part thereof;
R.s.o. 1970,
C.202
Payment
in lieu
of taxes
(c) subject to The Highway Traffic Act, regulate traffic
on such roads and prescribe the rate of speed for
motor vehicles driven on such roads in accordance
with subsection 4 of section 82 of The Highway
Traffic Act.
(6) The Regional Council may agree to pay annually to the
area municipality in which any land used for the purposes
set out in subsection 1 is situate a sum not exceeding the
amount that would have been payable to the municipality
as taxes if the land were not exempt from taxation.
County
museum
vested in
Regional
Corporation
Regional
Muni-
cipality
scnool
division
138. The Peel County Museum and Art Gallery together
with the assets and liabilities thereof vest, on the 1st day
of January, 1974, in the Regional Corporation.
139. Notwithstanding the provisions of any other Act,
on and after the 1st day of January, 1974, The Regional
Municipality of Peel is a school division and the Peel County
138
87
Board of Education is continued, subject to subsection 5 of
section 29 of The Secondary Schools and Boards of Education ^fgF' ^^''°'
Act, as the divisional board of education for The Regional
Municipality of Peel.
140. — (1) Section 38 of The Secondary Schools and Boards oy Election
Education Act applies to the election of the members of the
Peel County Board of Education, except that notwithstanding
The Municipal Elections Act, 1972, in the year 1973, 1972, c. 95
{a) the polling day for the members of The Peel County
Board of Education shall be the 1st day of October
and the hours of polling shall be the same as for the
municipal elections in the Regional Area, and the
members elected on such date shall take office on
the 1st day of January, 1974, and continue to hold
such office until the 31st day of December, 1976; and
{b) the Minister shall, by order, provide for the nomination
of candidates for The Peel County Board of Educa-
tion and may by order provide for any other matters
necessary to hold the election for such board ; and
(c) any reference in such section to the 1st day of
September, the 15th day of September or the 1st day
of October shall be deemed to be a reference to the
1st day of August, the 15th day of August or the
1st day of September, respectively.
(2) The members of The Dufferin-Peel County Roman Dufferin-Peei
Catholic Separate School Board who hold office on the day Roman
this Act comes into force shall continue to hold office until separate
the 31st day of December, 1976, and the trustees shall designate Board
which one of their number shall represent that area of the fnofflce^^
City of Mississauga formerly in the Town of Oakville.
141. Section 244 of The Municipal Act does not apply ^•|g^gi9TO4'
to the council of a local municipality in the Regional Area not to apply
in the year 1973.
142. Notwithstanding the provisions of The Public Libraries j^^^ry
Act, the Minister may by order provide for the establishment ^"s^Q^^g^o
of a public library board in any area municipality and for c. 38i
the transfer of any assets and liabilities of any former public
library board to such new board.
143. The council of the City of Mississauga may pass ^"^^g^j"^
any by-law that a board of commissioners of police of a city ^^|^°^°^^
is authorized to pass under The Municipal Act. pass by-laws
138
88
Organization
expenses
Conditions
of payment
Commence-
ment
Idem
Short title
144. — (1) The Lieutenant Governor in Council may, by
order, provide for payments to be made out of the ConsoHdated
Revenue Fund towards the organization expenses of the
Regional Corporation.
(2) Payments made under this section shall be made on such
terms and conditions as the Minister may direct.
145.— (1) This Act, except Parts V, VII and VIII and
sections 78 to 87 and 89 to 113 of Part IX, comes into force
on the day it receives Royal Assent.
(2) Parts V, VII and VIII and sections 78 to 87 and 89 to
113 of Part IX come into force on the 1st day of January, 1974.
146. This Act may be cited as The Regional Municipality
of Peel Act, 1973.
FORM 1
{Section 10 (6) )
OATH OF ALLEGIANCE
I
having been elected {or appointed) as chairman of the council of The Rigional
Municipality of Peel, do swear that I will be faithful and bear true allegiance
to Her Majesty Queen Elizabeth H (or the reigning sovereign for the time
being).
Sworn before me, etc.
FORM 2
{Section 10 (6) )
DECLARATION OF QUALIFICATION BY CHAIRMAN
I,
having been elected {or appointed) as chairman of the council of The Regional
Municipality of Peel declare that :
1. I am a British subject and am not a citizen or a subject of any
f(ii(if;ii (oiiiitrv.
2. 1 am of the full age of eighteen years.
3. I am not an officer, employee or servant of any area municipality
or local board of any area municipality.
4. I have taken the oath of allegiance (Form 1) which I attach hereto.
And I make this solemn declaration conscientiously believing it to be true
and knowing that it is of the same force and effect as if made under oath.
Declared before me, etc.
138
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BILL 138 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to establish
The Regional Municipality of Peel
W
The Hon. J. White
Treasurer of Ontario and Minister of Economics
and Intergovernmental Affairs
{Reprinted as amended by the Committee of the Whole House)
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
The Bill provides for the formation of three area municipalities by the
amalgamation and annexation of the ten local municipalities in the County
of Peel, together with a portion of the Town of Oakville in the County of
Halton. It also provides for the dissolution of the County of Peel and the
incorporation of The Regional Municipality of Peel.
The Bill is divided into ten Parts:
PART I Area municipalities
PART II Incorporation and establishment of the Council of the
Regional Area
PART III Regional Road System
PART IV Planning
PART V Health and Welfare Services
PART VI Police
PART VII Regional Water Works System
PART VIII Regional Sewage Works
PART IX Finances
PART X General
138
BILL 138
1973
An Act to establish
The Regional Municipality of Peel
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) "area municipality" means the municipality or
corporation of the City of Mississauga, the City of
Brampton and the Town of Albion, all as constituted
by section 2 ;
(6) "bridge" means a public bridge, and includes a
bridge forming part of a highway or on, over,
under or across which a highway passes ;
(c) "chairman" means the chairman of the Regional
Council ;
{d) "debt" includes any obligation for the payment of
money ;
{e) "divided municipality" means a local municipality
parts of which are annexed to two or more munici-
palities under subsection 1 of section 2 ;
(/) "highway" and "road" mean a common and public
highway or any part thereof, and include a street,
bridge, and any other structure incidental thereto
or any part thereof ;
{g) "land" includes lands, tenements and hereditaments
and any estate or interest therein, and any right
or easement affecting them, and land covered with
water, and includes any buildings or improvements
on land ;
138
(h) "local board" means any school board, public
utility commission, transportation commission, public
library board, board of park management, local
board of health, board of commissioners of police,
planning board or any other board, commission,
committee, body or local authority established or
exercising any power or authority under any general
or special Act with respect to any of the affairs
or purposes, including school purposes, of the
Regional Corporation or of an area municipality or
of two or more area municipahties or parts thereof;
{i) "local municipality" means in the year 1973 any
local municipality or portion thereof in the Regional
Area;
{j) "merged area" means a local municipality that is
amalgamated with another local municipality or a
part of a local municipality that is annexed to a
local municipality to consitute an area municipality
under subsection 1 of section 2 or the local munici-
pality to which such part is annexed ;
{k) "Minister" means the Treasurer of Ontario and
Minister of Economics and Intergovernmental Affairs ;
(/ ) " Ministry' ' means the Ministry of Treasury, Economics
and Intergovernmental Affairs ;
{m) "money by-law" means a by-law for contracting
a debt or obligation or for borrowing money, other
than a by-law passed under section 91 ;
(n) "Municipal Board" means the Ontario Municipal
Board ;
(o) "Regional Area",
(i) until the 1st day of January, 1974, means the
area included within the County of Peel
together with that portion of the Town of
Oakville included in the area municipality
of the City of Mississauga as defined in clause a
of subsection 1 of section 2, and
(ii) on and after the 1st day of January, 1974,
means the area from time to time included
within the area municipalities ;
iP) "Regional Corporation" means The Regional Munici-
pality of Peel ;
138
{q) "Regional Council" means the council of the Regional
Corporation ;
(r) "regional road" means a road forming part of the
regional road system established under Part III;
(s) "roadway" means that part of the highway designed
or intended for use by vehicular traffic.
PART I
Area Municipalities
2. — (1) On the 1st day of January, 1974,
The Corporation of the Town of Port Credit and
The Corporation of the Town of Streetsville are
amalgamated as a city municipality bearing the
name of The Corporation of the City of Mississauga
and the portions of the Town of Mississauga and the
Town of Oakville described as follows are annexed
to such city :
Firstly, part of the Town of Mississauga, com-
mencing where the west limit of the present Town of
Mississauga intersects the highwater mark of Lake
Ontario ;
THENCE northerly along that limit to the westerly
prolongation of the centre-line of Lot 14, West of
Hurontario Street ;
THENCE in a general easterly direction the following
courses ;
EASTERLY along that line to the line between the
east and west halves of Concession VI ;
SOUTHERLY along that line to the line between the
north three-quarter and the south one-quarter of said
Lot 14;
EASTERLY along that line to the west limit of Con-
cession V ;
SOUTHERLY aloug that line to the centre-line of Lot 13 ;
EASTERLY aloug that line to the line between the
west one-quarter and the east three-quarter of Con-
cession V :
Constitution
of area
munici-
palities
138
SOUTHERLY along that line to the line between Lots
12 and 13;
EASTERLY along that line to the west limit of Con-
cession IV ;
SOUTHERLY along that west limit to the line between
the north one-quarter and south three-quarter of
Lot 12;
EASTERLY along that line to the west limit of Con-
cession III ;
SOUTHERLY along that limit to the centre-line of
Lot 12;
EASTERLY along that centre-line to the centre-line
of Concession III;
NORTHERLY aloug that centrc-linc to the line between
Lots 12 and 13;
EASTERLY along that line to the west limit of Con-
cession II ;
SOUTHERLY aloug that limit to the line between the
north one-quarter and south three-quarter of Lot 12;
EASTERLY aloug that line to the centre-line of Con-
cession I, West of Hurontario Street ;
SOUTHERLY aloug that centre-line to the centre-line
of Lot 12;
EASTERLY along that centre-line to the centre-line of
Concession I, East of Hurontario Street;
SOUTHERLY aloug that 'centre-linc to the line between
the north three-quarter and south one-quarter of
Lot 12;
EASTERLY along that line to the west limit of Con-
cession II ;
SOUTHERLY along that limit to the line between Lots
11 and 12;
EASTERLY along that line to the east limit of Con-
cession II;
138
NORTHERLY along that limit to the line between the
north one-quarter and south three-quarter of Lot 12;
EASTERLY along that line to the centre-line of Con-
cession III;
NORTHERLY along the centre-line to the line between
the north three-quarter and south one-quarter of
Lot 13 ;
EASTERLY aloug that line to the east limit of Con-
cession III;
NORTHERLY aloug that limit to the line between the
north one-quarter and south three-quarter of Lot 13;
EASTERLY along that line to the centre-line of Con-
cession IV;
NORTHERLY aloug that centrc-Hne to the line between
Lots 13 and 14;
EASTERLY aloug that line to the east limit of Con-
cession IV;
NORTHERLY aloug that limit to the line between the
north three-quarter and the south one-quarter of
Lot 14;
EASTERLY along that line to the centre-line of Con-
cession V ;
NORTHERLY aloug that centre-liue to the centre-line
of Lot 14;
EASTERLY aloug that centre-line to the west limit of
Concession IX;
SOUTHERLY aloug that limit to the line between Lots
12 and 13;
EASTERLY along that line to the east limit of the
present Town of Mississauga ;
THENCE southerly, southwesterly and southerly along
the easterly limit of the present Town of Mississauga
to the highwater mark of Lake Ontario ;
THENCE southerly, westerly and northerly to the
place of commencement all in accordance with the
138
limits described in subsection 2 of section 8 of The
RS p. 1970, Territorial Division A ct.
c. 458
Secondly, part of the Town of Oakville, commencing
where the east hmit of the present Town of Oakville
intersects the centre-line of the King's Highway No.
5;
THENCE westerly along that line to the east limit of
the Ninth Line Road;
THENCE northerly along that limit to the centre-line
median of the Macdonald-Cartier Freeway ;
THENCE easterly along that centre-line to the east
limit of the present Town of Oakville ;
THENCE southerly along that limit to the place of
commencement .
(b) The Corporation of the Town of Brampton and The
Corporation of the Township of Toronto Gore are
amalgamated as a city municipality bearing the
name of The Corporation of the City of Brampton and
those portions of the Town of Mississauga and the
Township of Chinguacousy described as follows are
annexed to such City :
Firstly, part of the Town of Mississauga, com-
mencing where the west limit of the present Town of
Mississauga intersects the westerly prolongation of
the centre-line of Lot 14;
THENCE in a general easterly direction the following
courses ;
EASTERLY along that line to the line between the east
and west halves of Concession VI ;
SOUTHERLY along that line to the line between the
north three-quarter and the south one-quarter of said
Lot 14;
EASTERLY along that line to the west hmit of Con-
cession V ;
SOUTHERLY along that line to the centre-line of Lot 13 ;
EASTERLY along that line to the line between the
west one-quarter and the east three-quarter of Con-
cession V ;
138
SOUTHERLY along that line to the line between Lots
12 and 13;
EASTERLY along that line to the west limit of Con-
cession IV ;
SOUTHERLY along that west limit to the line between
the north one-quarter and south three-quarter of
Lot 12;
EASTERLY along that line to the west limit of Con-
cession III;
SOUTHERLY aloug that limit to the centre-line of
Lot 12;
EASTERLY along that centre-line to the centre-line
of Concession III ;
NORTHERLY aloug that centre-Hue to the line between
Lots 12 and 13;
EASTERLY aloug that line to the west limit of Con-
cession II;
SOUTHERLY aloug that limit to the line between the
north one-quarter and south three-quarter of Lot 12;
EASTERLY aloug that line to the centre-line of Con-
cession I, West of Hurontario Street ;
SOUTHERLY along that centre-line to the centre-line
of Lot 12;
EASTERLY aloug that centre-line to the centre-line
of Concession I, East of Hurontario Street ;
SOUTHERLY along that centre-line to the line between
the north three-quarter and south one-quarter of
Lot 12;
EASTERLY along that line to the west limit of Con-
cession II;
SOUTHERLY aloug that limit to the line between
Lots 11 and 12;
EASTERLY aloug that line to the east limit of Con-
cession II :
138
8
NORTHERLY along that limit to the line between the
north one-quarter and south three-quarter of Lot 12 ;
EASTERLY aloug that line to the centre-line of Con-
cession III ;
NORTHERLY along the centre-line to the line between
the north three-quarter and south one-quarter of
Lot 13;
EASTERLY along that line to the east limit of Con-
cession III;
NORTHERLY along that limit to the line between the
north one-quarter and south three-quarter of Lot 13;
EASTERLY aloug that line to the centre-line of Con-
cession IV ;
NORTHERLY aloug that ccntre-line to the line between
Lots 13 and 14;
EASTERLY aloug that line to the east limit of Con-
cession IV;
NORTHERLY along that limit to the line between the
north three-quarter and the south one-quarter of
Lot 14;
EASTERLY along that line to the centre-line of Con-
cession V ;
NORTHERLY aloug that ccntre-line to the centre-line
of Lot 14;
EASTERLY along that centre-line to the west hmit of
Concession IX;
SOUTHERLY aloug that limit to the line between Lots
12 and 13;
EASTERLY along that line to the east limit of the
present Town of Mississauga ;
THENCE northerly, westerly and southerly along the
east, north and west limits of the Town to the place
of commencement ;
Secondly, part of the Township of Chinguacousy,
commencing where the south limit of the present
138
9
Township of Chinguacousy intersects the west Hmit
of the present Town of Brampton ;
THENCE westerly along that limit to the west limit
of the Township ;
THENCE northerly along that limit to the westerly
prolongation of the centre line of No. 17 Side Road;
THENCE generally easterly along that centre line to
its intersection with the east limit of the Canadian
Pacific Railway right-of-way;
THENCE northerly along that limit to its intersection
with the line between Lots 18 and 19;
THENCE easterly along that line to its intersection
with the centre line of Concession I east of Hurontario
Street ;
THENCE southerly along that centre line to its inter-
section with the centre line of No. 17 Side Road;
THENCE generally easterly along that centre line and its
prolongations to the east limit of the Township;
THENCE southerly along that limit to the south limit
of the Township ;
THENCE westerly along that limit to the west limit
of the present Town of Brampton ;
THENCE northerly, westerly and southerly along the
limits of the Town of Brampton to the place of
commencement.
(c) The Corporation of the Township of Albion, The Cor-
poration of the Township of Caledon, The Corporation
of the Village of Bolton and The Corporation of the
Village of Caledon East are amalgamated as a town
municipality bearing the name of The Corporation
of the Town of Albion and the portion of the Township
of Chinguacousy described as follows is annexed to
such town :
Part of the Township of Chinguacousy, commencing
where the west limit of the present Township of
Chinguacousy intersects the westerly prolongation
of the centre-line of No. 17 Side Road;
138
10
THENCE northerly, easterly and southerly along
the west, north and east limits of the Township
to its intersection with the centre line of No. 17 Side
Road;
THENCE generally westerly along that centre line to
its intersection with the centre line of Concession
I east of Hurontario Street ;
THENCE northerly along that centre line to its inter-
section with the line between Lots 18 and 19;
' THENCE westerly along that line to its intersection
with the east limit of the Canadian Pacific Railway
right-of-way ;
THENCE southerly along that east limit to its inter-
section with the centre line of the No. 17 Side Road;
THENCE generally westerly along that centre line to
the place of commencement. ^Pl
ofpoiice^"'^ (2) The following police villages are dissolved on the
vuiages 1st day of January, 1974 :
1. The Police Village of Alton.
2. The Police Village of Caledon.
3. The Police Village of Inglewood.
4. The Police Village of Palgrave.
fioM^*"^* (3) For the purposes of every Act, the amalgamations,
annexations, annexations and dissolutions provided for in this Part shall
dissolutions be deemed to have been effected by orders of the Municipal
MunicipaT Board not subject to section 42 of The Ontario Municipal
Ks.o. iGTo!"^^ Board Act or to petition or appeal under section 94 or 95
cc. 323, 284 of guch Act, made on the day this section comes into force
pursuant to applications made under sections 14 and 25 of
The Municipal Act and, subject to the provisions of this Act,
the Municipal Board, upon the application of any area
municipality or any local board thereof or of its own motion,
may exercise its powers consequent upon such amalgamations,
annexations and dissolutions, and sections 94 and 95 of
The Ontario Municipal Board Act do not apply to decisions
or orders made in the exercise of such powers and "munici-
^•|gO. 1970, palities" in clause a of subsection 11 of section 14 of The
Municipal Act includes, for the purposes of such clause, the
area municipalities to which territory is annexed.
Referendum (4) If directed by order of the Minister, a vote of the electors
re area muni- ^ ' y . .. i i- , , ^ ^ .• i
cipaiity of any area municipality as established under subsection 1
names
138
11
shall be taken at the same time as the election for the first
council of the area municipality, to determine from among
a maximum of three names designated by the Minister,
which name the area municipality shall bear and following
the vote, the Minister shall by order,
{a) confirm the name of the area municipality as set
out in subsection 1 ; or
{b) declare the name that the area municipality shall
bear,
and where a declaration is made under clause b all reference
to such area municipality shall be deemed to refer to such
area municipality as designated in the declaration.
3.— (1) On and after the 1st day of January, 1974, the composition
council of each area municipality shall be composed of a municipal
mayor, who shall be elected by a general vote of the electors
of the area municipality and shall be the head of the council,
and the following number of other members of council :
1. The City of Mississauga-
wards.
Nine members elected by
2. The City of Brampton — Fourteen members elected
by wards.
3. The Town of Albion — Nine members elected by
wards.
(2) With respect to the area municipalities, elections of g/gctions and
Ithe first councils thereof shall be held in the year 1973, and the term of
r OfnC6
|day for polling shall be the 1st day of October and the first
[councils elected shall hold office for the years 1974, 1975
md 1976.
(3) For the purposes of the elections of the first councils i^®™
lof the area municipalities and members thereof to represent
[the area municipality on the Regional Council,
(a) the Minister may by order, divide into wards each
area municipality as constituted by section 2 and make
provision for the respective numbers of members
of councils to be elected in the respective wards and
such wards shall remain in effect until altered by the
Municipal Board ;
(6) the Minister may by order, provide for the qualifi-
cation of candidates ; and
(c) the Minister shall by order,
(i) provide for the qualification of electors,
nominations, the appointment of returning
138
12
arp
972, c. 95
Organization
committee
in 1973
Towns of
Port Credit
and
Streetsville
to each
constitute
one ward
First
election
expenses
officers, the holding of the elections, the pre-
paration of polling lists, and
(ii) provide for such other matters as he considers
necessary to hold the elections.
(4) Subsections 2 and 3 apply to the elections of the first
councils of the area municipalities notwithstanding The
Municipal Elections Act, 1972.
(5) The members of the council of each area municipality
elected in the year 1973 shall comprise a committee in their
respective area municipalities to do anything in that year
necessary for the purposes of organization, policy and planning
of the area municipality.
(6) Notwithstanding the provisions of this section, for the
purposes of the elections to council of the area municipality
of the City of Mississauga to be held in the year 1973 and the
year 1976 the Town of Port Credit and the Town of Streets-
ville shall, as they exist on the day this Act comes into force,
each be constituted as a ward of the said City, entitled to
elect from such ward one member to the council of the said
City.
4. The expenses of the local municipalities for the elections
to elect members of the councils of the area municipalities
in the year 1973 shall, as approved by the Minister, be paid
out of the Consolidated Revenue Fund.
No Board
of Control
5. No area municipality shall have a Board of Control.
PART II
Incorporation and Establishment
OF THE Regional Council
coSo?ation 6.— (1) On the 15th day of October, 1973, the inhabitants
constituted of the Regional Area are hereby constituted a body cor-
porate under the name of "The Regional Municipality of Peel".
nmndcipaiit (^) ^^^ Regional Corporation shall be deemed to be a
under municipality for the purposes of The Municipal Affairs Act
cc. 118, 323 ' and The Ontario Municipal Board Act.
Regrlonal
Area deemed
judicial
district
R.S.0. 1970,
C.230
(3) On and after the 1st day of January, 1974, the Regional
Area shall for all judicial purposes be deemed to be a county
and be known as the Judicial District of Peel, and for the
purposes of The Jurors Act any reference to the warden shall
be deemed to be a reference to the chairman and any reference
to the treasurer of the county shall be deemed to be a reference
to the treasurer appointed under this Act for the Regional
Corporation.
138
13
(4) Nothing in this Act shall be deemed to alter the j^^^^^^^^Jj^g
boundaries of any registry or land titles division.
(5) Every person who held an office or appointment under ^ppo^^j^-j.
any Act on the 31st day of December, 1973, in and for the co'^'^ty of ^^^i
(l66m6Q
County of Peel shall be deemed, so long as he continues to appointments
hold such office or appointment, to hold such office or appoint- District of
ment on and after the 1st day of January, 1974, in and for the^®®^
Judicial District of Peel.
7. — (1) The powers of the Regional Corporation shall be coumin^to
exercised by the Regional Council and, except where otherwise corporate
provided, the jurisdiction of the Regional Council is confined powers
to the Regional Area.
(2) Except where otherwise provided, the powers of the|'°^®^gjj
Regional Council shall be exercised by by-law. byby-iaw
(3) A by-law passed by the Regional Council in the exercise ^°*g^j^g^®g^g
of any of its powers and in good faith shall not be open to unreasonable
question, or be quashed, set aside or declared invalid either
wholly or partly, on account of the unreasonableness or
supposed unreasonableness of its provisions or any of them.
8. — (1) The Regional Council shall consist of twenty-two ^om^posmon
members composed of a chairman and, council
(a) in the year 1973, the mayor-elect of each area
municipality and thereafter the mayor of each area
municipality ;
(b) nine members of council from the City of Mississauga
being the remainder of the council of the City ;
(c) five members of council from the City of Brampton
elected by wards as members of the Regional Council
and such city council ; and
{d) four members of council from the Town of Albion
elected by wards as members of the Regional Council
and such town council.
(2) The members elected to the Regional Council in the^^™°f
year 1973 shall hold office for the years 1973, 1974, 1975 and
1976.
9. — (1) The chairman shall be appointed by the Lieutenant ^ppo^^^*^'
Governor in Council before the 15th day of October, 1973, chairman by
■^ Lieutenant
to hold office at pleasure during the years 1973 to 1976 inclusive Governor in
and until his successor is elected or appointed in accordance
with this Act, and the chairman appointed under this sub-
section shall be paid out of the Consolidated Revenue Fund
such remuneration and other expenses as the Lieutenant
Governor in Council may determine.
138
14
chairman ^ (2) At the first meeting of the Regional Council in the year
1977 and in every second year thereafter at which a quorum
is present, the Regional Council shall organize as a council and
elect as chairman one of the members of the Regional Council,
or any other person, to hold office for that year and the following
year and until his successor is appointed or elected in accor-
dance with this Act, and at such meeting the clerk shall preside
until the chairman is elected.
chatrman ^^^ Where a member of the council of an area municipality
member of bccomes chairman, he shall be deemed to have resigned as
a member of such council, and his seat on such council thereby
becomes vacant.
First
meeting 1973
fo^eiect ('^) ^^' ^^ ^^^ ^^^^ meeting of the Regional Council in the
chairman year 1977 and any subsequent first meeting, a chairman is not
elected, the presiding officer may adjourn the meeting from
time to time, and, if a chairman is not elected at any adjourned
meeting held within one week after the first meeting, the
Lieutenant Governor in Council shall appoint a chairman to
hold office for that year and the following year and until his
successor is elected or appointed in accordance with this Act.
10. — (1) The first meeting of the Regional Council in the
year 1973 shall be held on or after the 15th day of October,
1973, at such date, time and place as the chairman may deter-
mine, and the chairman shall give to each person entitled to be
a member of the Regional Council at least forty-eight hours
notice of the date, time and place and shall preside at the
meeting.
meeting of (^) Notwithstanding any other general or special Act, the
area councils first meeting of the council of each area municipality in the
year 1974 and 1977 and in every second year thereafter shall
be held not later than the 8th day of January.
First
meeting of
Regional
Council
(3) The first meeting of the Regional Council in the year
1977 and in every second year thereafter shall be held after
the councils of 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 Regional Council.
Certificate of
qualification
(4) Subject to subsection 5, a person entitled to be a member
of the Regional Council in accordance with section 8, other than
the mayor of each area municipality, shall not take his seat as a
member until he has filed with the person presiding at the first
meeting of the Regional Council that he attends a certificate
under the hand of the clerk of the area municipality that he
represents, and under the seal of such area municipality
certifying that he is entitled to be a member under such section.
138
15
(5) A person entitled to be a member of the first Regional ^'^^"^
Council in accordance with section 3, other than a mayor-elect
of an area municipality, shall not take his seat as a member
until he has filed with the person presiding at the first meeting
of the Regional Council that he attends a certificate under the
hand of the mayor-elect of the area municipality that he
represents, certifying that he is entitled to be a member under
such section.
(6) The chairman, before taking his seat, shall take an oath ^j^^^jance
of allegiance in Form 1 and a declaration of qualification in and
. o -. ^ declaration of
Form 2. qualification
(7) No business shall be proceeded with at the first meeting o/o^ce"""
of the Regional Council until after the declarations of office
in Form 20 of The Municipal A ct have been made by all ^fg®- ^^™'
members who present themselves for that purpose.
(8) The Regional Council shall be deemed to be organized wh^n^councii
when the declarations of office have been made by a sufficient organized
number of members to form a quorum as provided for in section
11.
11. — (1) Twelve members of the Regional Council repre- Quorum,
senting all area municipalities are necessary to form a quorum
and the concurring votes of a majority of members present are
necessary to carry any resolution or other measure.
(2) Subject to subsection 3, each member of the Regional o°^ v°*®
Council has one vote only.
(3) The chairman does not have a vote except in the event chairman
of an equality of votes.
12. Subject to section 10, all meetings of the Regional Pi^ce of
Council shall be held at such times as the Regional Council
from time to time appoints.
13. — (1) When a vacancy occurs in the office of a chairman g^ah-marf'
who has been appointed by the Lieutenant Governor in Council,
some person shall be appointed by the Lieutenant Governor
in Council to hold office as chairman for the remainder of the
term of his predecessor.
(2) When a vacancy occurs in the office of a chairman who has idem
been elected under subsection 2 of section 9, the Regional
Council shall, at a general or special meeting to be held within
twenty days after the vacancy occurs, elect a chairman who
may be one of the members of the Regional Council, or any
other person, to hold office for the remainder of the term of his
predecessor.
138
16
other
members
Idem (3) If the Regional Council fails to elect a chairman within
twenty days as required by subsection 2, the Lieutenant
Governor in Council may appoint a person as chairman to hold
office for the remainder of the term of his predecessor.
(4) When a vacancy occurs in the office of a member, other
than the chairman or the head of the council of an area muni-
cipality, the council of the area municipality of which he was a
member shall by by-law within thirty days after the vacancy
occurs appoint a successor, who may be a member of the
council or a person who is eligible to be elected a member of the
council, to hold office for the remainder of the term of his
predecessor.
Resignation (5) Where a member has been elected as a member of the
Regional Council, resignation from either the Regional Council
or the council of the area municipality shall be deemed to be
resignation from both councils.
Where head (6) Jn the event that the head of a council of an area
incapacitated municipality is for any reason unable to fulfil his duties as a
member of the Regional Council for a period exceeding one
month, the council of the area municipality may by by-law
appoint one of its members as an alternate representative
to the Regional Council who shall act in the place and stead
of the head of council during his incapacity, but no such
by-law shall have effect for a period longer than one month
from its effective date.
Remunera-
tion
14. — (1) Members of the Regional Council, other than
the chairman, may be paid for services performed on and
after the 1st day of January, 1974, such annual and other
remuneration as the Regional Council may determine.
Idem
(2) For the year 1977 and each year thereafter, the
chairman may be paid such annual salary and other
remuneration as the Regional Council may determine.
Committees ^5^ — (1) Xhe Regional Council may from time to time
establish such standing or other committees and assign to them
such duties as it considers expedient.
Remunera-
tion of
committee
chairman
(2) The Regional Council may by by-law provide for paying
an annual allowance to each chairman of a standing committee
except where such chairman is also the chairman of the
Regional Council.
Procedural
by-laws
16. The Regional Council may pass by-laws for governing
the proceedings of the Regional Council and any of its
committees, the conduct of its members and the calling of
meetings.
138
17
17. — (1) The chairman is the head of the Regional Council ^®^^^fj
and is the chief executive officer of the Regional Corporation.
(2) The Regional Council may by by-law appoint a chief ^^^[^.g^^^
administrative officer, who, tive officer
(a) shall have such general control and management of
the administration of the government and affairs of
the Regional Corporation and perform such duties
as the Regional Council by by-law prescribes;
{b) shall be responsible for the efficient administration
of all its departments to the extent that he is given
authority and control over them by by-law;
(c) shall hold office during the pleasure of the Regional
Council ; and
{d) shall receive such salary as the Regional Council
by by-law determines.
(3) Subsection 2 of section 238 of The Municipal ^ c/ Amplication
applies to a chief administrative officer appointed under RS.o. i970,
subsection 2 of this section.
18. When the chairman is absent from the Regional \ct?iifi^
° chairman
Area or absent through illness, or refuses to act, the Regional
Council may by resolution appoint one of its members to act
in his place and stead, and such member shall have and
may exercise all the rights, powers and authority of the
chairman during such absence or refusal to act .
19.— (1) Sections 192, 193, 195, 197, 198, 259, 281 toAppncaWon^
286 and 390 of The Municipal Act apply mutatis mutandis o.2M '
to the Regional Corporation.
(2) Sections 190, 200, 201 and 243 of The Municipal ^c/wem
apply mutatis mutandis to the Regional Council and to every
local board of the Regional Corporation.
20. — (1) The Regional Council shall appoint a clerk, whose ^pp^^^j*^"
duty it is, clerk
(a) to record truly without note or comment, all
resolutions, decisions and other proceedings of the
Regional Council ;
(6) if required by any member present, to record the
name and vote of every member voting on any
matter or question ;
(c) to keep in his office, or in the place appointed for that
purpose, the originals of all by-laws and of all minutes
of the proceedings of the Regional Council and its
committees ; and
138
18
Deputy
clerk
Acting
clerk
Acting
clerk, first
meeting
Minutes
open to
inspection
(d) to perform such other duties as may be assigned to
him by the Regional Council.
(2) The Regional Council may appoint a deputy clerk
who shall have all the powers and duties of the clerk.
(3) When the office of clerk is vacant or the clerk is unable
to carry on his duties through illness or otherwise, the Regional
Council may appoint an acting clerk pro tempore who shall
have all the powers and duties of the clerk.
(4) The chairman appointed under subsection 1 of section 9
shall appoint an acting clerk who shall have all the powers
and duties of the clerk for the purposes of the first meeting
of the Regional Council in the year 1973 and thereafter and
until the Regional Council appoints a clerk under this section.
21.— (1) Any person may, at all reasonable hours, inspect
any of the records, books or documents in the possession
or under the control of the clerk, except interdepartmental
correspondence and reports of officials of any department or
of solicitors for the Regional Corporation made to the
Regional Council or any of its committees, and the clerk
within a reasonable time shall furnish copies of them or
extracts therefrom certified under his hand and the seal of the
Regional Corporation to any applicant on payment at the
rate of 15 cents for every 100 words or at such lower rate
as the Regional Council may fix.
Index of (2) The clcrk shall keep an index book in which he shall
DV-lfliWS
affecting enter the number and date of all by-laws passed by the
Regional Council that affect land or the use thereof in the
Regional Area but do not directly affect the title to land.
(3) A copy of any record, book or document in the possession
or under the control of the clerk, purporting to be certified
under his hand and the seal of the Regional Corporation,
may be filed and used in any court in lieu of the original, and
shall be received in evidence without proof of the seal or of the
signature or official character of the person appearing to have
signed the same, and without further proof, unless the court
otherwise directs.
Copies
certified by
clerk to be
receivable in
evidence
oft^easurer"* ^^* — (^) ^^^ Regional Council shall appoint a treasurer
who shall keep the books, records and accounts, and prepare
the annual financial statements of the Regional Corporation
and preserve and file all accounts of the Regional Corporation
and shall perform such other duties as may be assigned to
him by the Regional Council.
treasurer ^^^ ^^^ Regional Council may appoint a deputy treasurer
who shall have all the powers and duties of the treasurer.
138
19
(3) When the office of the treasurer is vacant or the treasurer fj-easurer
is unable to carry on his duties, through illness or otherwise,
the Regional Council may appoint an acting treasurer pro
tempore who shall have all the powers and duties of the treasurer.
23. — (1) The treasurer shall receive and safely keep all ^|^®JPg*g^^^j.
money of the Regional Corporation and shall pay out money of "loney
to such persons and in such manner as the law in force in Ontario
and the by-laws or resolutions of the Regional Council direct,
provided that every cheque issued by the treasurer shall be
signed by the treasurer and by some other person or persons
designated for the purpose by by-law or resolution of the
Regional Council, and any such other person before signing a
cheque shall satisfy himself that the issue thereof is authorized.
(2) Notwithstanding subsection 1, the Regional Council ^^|°jj^| of
may by by-law,
(a) designate one or more persons to sign cheques in
lieu of the treasurer ; and
{b) provide that the signature of the treasurer and of any
other person authorized to sign cheques may be
written or engraved, lithographed, printed or other-
wise mechanically reproduced on cheques.
(3) The Regional Council may by by-law provide that the Pe^ty cash
treasurer may establish and maintain a petty cash fund of an
amount of money sufficient to make change and pay small
accounts, subject to such terms and conditions as the by-law
may provide.
(4) Except where otherwise expressly provided by this Act,when^^^^^^
a member of the Regional Council shall not receive any rnoriey be paid
from the treasurer for any work or service performed or to be
performed, but nothing in this subsection prevents the pay-
ment of any moneys under any contract in respect of which
the member has complied with section 2 of The Municipal
Conflict of Interest Act, 1972.
(5) The treasurer is not liable for money paid by him in ^awmjf'^^
accordance with a by-law or resolution of the Regional Council, limited
unless another disposition of it is expressly provided for by
statute.
24. Subject to subsection 3 of section 23, the treasurer shall, ^c^unts
{a) open an account or accounts in the name of the
Regional Corporation in such of the chartered banks
of Canada or at such other place of deposit as may be
approved by the Regional Council ;
{b) deposit all money received by him on account of the
Regional Corporation, and no other money, to the
1.38
20
Monthly
statement
Notice to
sureties
credit of such account or accounts, and no other
account ; and
(c) keep the money of the Regional Corporation entirely
separate from his own money and from that of any
other person,
and, notwithstanding subsection 1 of section 23, the Regional
Council shall not by by-law or resolution direct any variance
from the provisions of this section, nor shall the treasurer vary
from such provisions.
25. — (1) The treasurer shall prepare and submit to the
Regional Council, monthly, a statement of the money at the
credit of the Regional Corporation.
(2) Where the treasurer is removed from office or absconds,
the Regional Council shall forthwith give notice to his sureties.
ofaudftors"* ^^' — (^) ^^^ Regional Council shall by by-law appoint one
or more auditors who shall be persons licensed by the Ministry
as municipal auditors and who shall hold office during good
behaviour and be removable for cause upon the vote of two-
thirds of the members of the Regional Council, and the auditor
or auditors so appointed shall audit the accounts and trans-
actions of the Regional Corporation and of every local board
of the Regional Corporation, except school boards.
Cost of
audit
Disqualifica-
tion of
auditors
Duties of
auditors
Pensions
(2) Where an auditor audits the accounts and transactions
of a local board, the cost thereof shall be paid by the Regional
Corporation and charged back to the local board, and, in the
event of a dispute as to the amount of the cost, the Ministry
may upon application finally determine the amount thereof.
(3) No person shall be appointed as an auditor of the
Regional Corporation who is or during the preceding year was
a member of the Regional Council or of the council of an area
municipality or of any local board, the accounts and trans-
actions of which it would as auditor be his duty to audit,
or who has or during the preceding year had any direct or
indirect interest in any contract with the Regional Corporation
or an area municipality or any such local board, or any
employment with any of them other than as an auditor.
(4) An auditor shall perform such duties as are prescribed
by the Ministry and also such duties as may be required by the
Regional Council or any local board of the Regional Cor-
poration that do not conflict with the duties prescribed by the
Ministry.
27. — (1) Where the Regional Corporation or a local board
thereof employs a person theretofore employed by a local
municipality or a local board thereof within the Regional Area
138
21
or by the County of Peel or a local board thereof, the Regional
Corporation or a local board thereof shall be deemed to have
elected to participate in the Ontario Municipal Employees
Retirement System on the day this Part comes into force in
respect of the employee if such employee was or was entitled
to be a member of the Ontario Municipal Employees Retirement
System on the day immediately preceding his employment with
the Regional Corporation or local board thereof and such
employee shall have uninterrupted membership or entitlement
to membership, as the case may be, in the Ontario Municipal
Employees Retirement System.
(2) Where the Regional Corporation or a local board thereof ^^^^
is required to employ a person theretofore employed by a local
municipality or a local board thereof within the Regional Area,
the employee shall be deemed to remain an employee of the
local municipality or local board thereof for the purposes of his
entitlement under any approved pension plan or supplementary
plan.
(3) Where the Regional Corporation or a local board there- sickieave
of is required to employ a person theretofore employed by a
local municipality or a local board thereof within the Regional
Area or by the County of Peel or a local board thereof, the
employee shall be deemed to remain an employee of the
municipality or local board thereof until the Regional Cor-
poration or local board thereof has established a sick leave
credit plan for its employees, and the employees are entitled to
receive such benefits from the Regional Corporation, where-
upon the Regional Corporation or local board thereof shall
place to the credit of the employee the sick leave credits stand-
ing to his credit in the plan of the municipality or local board
thereof.
(4) Where the Regional Corporation or a local board thereof Holidays
is required to employ a person theretofore employed by a local
municipality or a local board thereof within the Regional Area
or by the County of Peel or a local board thereof the Regional
Corporation or local board thereof shall, during the first year
of his employment by the Regional Corporation or local
board thereof, provide for such employee's holidays with pay
equivalent to those to which he would have been entitled if
he had remained in the employment of the municipality or
local board thereof.
(5) The Regional Council shall offer to employ every person emjaoyment
who, on the 1st day of April, 1973, is employed by the County
of Peel or by any local board thereof or in any undertaking
of, or operated on behalf of, any local municipality or local
board that is assumed by the Regional Corporation under this
Act and who continues to be so employed until the 31st day of
December, 1973
138
22
Entitlement
to salary
(6) Any person who accepts employment offered under
subsection 5 shall be entitled to receive a wage or salary
up to and including the 31st day of December, 1974, of not less
than he was receiving on the 1st day of April, 1973.
Application (7) Xhe Regional Corporation shall be deemed to be a
municipality for the purposes of The Ontario Municipal
Employees Retirement System Act.
R.S.0. 1970,
c. 324
Offer of
employment
Sick leave
credits
(8) The employees of the local municipalities and the local
boards thereof within the Regional Area, which are amalgamated
or annexed in whole or in part to form an area municipality,
who were employed by such a local municipality or local board
on the 1st day of April, 1973 and who continue to be so
employed until the 31st day of December, 1973, except
employees offered employment by the Regional Council under
subsection 5, shall be offered employment by the council of
the area municipality with which they are amalgamated or to
which they are annexed and any person accepting employment
under this subsection shall be entitled to receive a wage or
salary, up to and including the 31st day of December, 1974,
not less than he was receiving on the 1st day of April, 1973.
(9) Any sick leave credits standing, on the 31st day of
December, 1973, to the credit of any person who accepts
employment under subsection 8 shall be placed to the
credit of such employee in any sick leave credit plan established
by the new employer.
(10) Any person who accepts employment under subsection
8 shall be entitled to receive during the first year of his
employment such holidays with pay equivalent to those to
which he would have been entitled if he had remained in the
employment of the local municipality or local board by which
he was formerly employed.
(11) Where under the provisions of this section any employee,
in the opinion of the Minister, experiences any difficulty
or hardship with regard to the transfer of any pension rights
or sick leave credits, the Minister may by order do anything
necessary to remedy or alleviate such difficulty or hardship.
Termination (12) Nothing in this section prevents any employer from
employment terminating the employment of an employee for cause.
Holidays
Pension
rights and
sick leave
credits
Interpre-
tation
PART III
Regional Road System
28. In this Part,
(a) "approved" means approved by the Minister or of a
type approved by the Minister ;
138
23
(b) "construction" includes reconstruction;
(c) "maintenance" includes repair ;
{d) "Minister" means the Minister of Transportation and
Communications ;
{e) "Ministry" means the Ministry of Transportation
and Communications ;
(/) "road authority" means a body having jurisdiction
and control of a highway.
29. — (1) On and after the 1st day of January, 1974, all countyjoads
roads on the 31st day of December, 1973, under the iurisdiction regional road
svstGm
and control of the County of Peel shall constitute the regional
road system together with those roads under the jurisdiction
and control of the County of Halton that are included within
the area municipality of the City of Mississauga.
(2) The Regional Council may by by-law from time to time Adding or
add roads to or remove roads from the regional road system, roads by
including such boundary line roads or portions thereof between ^' ^^
the Regional Area and an adjoining county, regional or metro-
politan municipality as may be agreed upon between the
Regional Council and the council of such adjoining municipality.
(3) The Lieutenant Governor in Council may transfer any Transfer of
Drovincistl
highway under the jurisdiction and control of the Ministry highway to
within the Regional Area to the Regional Corporation and the corporation
highway shall for all purposes be deemed to be part of the
regional road system on such date as is designated by the
Lieutenant Governor in Council and to have been transferred
under section 26 of The Public Transportation and Highway ^"|)f ' ^^™'
Improvement Act.
(4) Where a road or part thereof forms part of the regional Xfa^^s m °^
road system, jurisdiction and control and the soil and freehold regional road
thereof are vested in the Regional Corporation.
(5) The Lieutenant Governor in Council may remove any ^®^™°y*^j^f
road from the regional road system. regional road
" •' system
(6) Where a road or a part thereof is removed from the^^^^g^j.^.^^^
regional road system, except by reason of it being stopped-up system
pursuant to subsection 1 of section 39, such road or part is
thereupon transferred to and the jurisdiction and control
and the soil and freehold thereof is thereupon vested in the
area municipality in which it is situate, and the area muni-
cipality may sue upon any rights or under any agreements or
by-laws in the same manner and to the same extent as the
Regional Corporation in respect of such road.
138
24
Consolidat-
ing by-laws
^*d acquired (^) Notwithstanding subsection 10, where the Regional
for widening Corporation acquires land for the purpose of widening a
regional road / i . i , • i i r ^
regional road, the land so acquired, to the extent oi the
designated widening, forms part of the road and is included
in the regional road system.
Idem (8) When land abutting on a regional road is dedicated for,
or apparently for, widening the regional road, the land so
dedicated is part of the regional road and the jurisdiction
and control and the soil and freehold thereof is vested in
the Regional Corporation subject to any rights in the soil
reserved by the person who dedicated the land.
(9) The Regional Council shall, on or before the 1st day
of May, 1979, pass a by-law consolidating all by-laws re-
lating to the regional road system, and shall at intervals
of not more than five years thereafter pass similar con-
solidating by-laws.
Approval of (iQj Every by-law passed under this section shall be
submitted to the Minister for approval by the Lieutenant
Governor in Council and the Lieutenant Governor in Council
may approve the by-law in whole or in part and, where the
by-law is approved in part only, it shall be in force and
take effect only so far as approved, but it shall not be
necessary for the Regional Council to pass any further by-law
amending the original by-law or repealing any part thereof
that has not been approved, and every such by-law as
approved is in force and effect on and after the day named
by the Lieutenant Governor in Council.
Application of
R.S.0. 1970,
c. 410
(11) The Regulations Act does not apply to an order in
council made under this section.
Plans of 3Q Xhe Ree^ional Council shall adopt a plan of road
construction . ^ . '^ f
and construction and maintenance, and from time to time
ma n n n thereafter shall adopt such other plans as may be necessary.
Furnishing of 31 Where the Regional Corporation proposes the con-
information " » . r • 1 j
to Minister struction, improvement or alteration of a regional road,
it shall furnish the Minister with such detailed information
as he may require.
Contribution 32. Where a contribution has been made from any source
tjOW3iI*uS
expenditures whatsoever towards an expenditure made under the provisions
R.s.o. 1970, Qjf section 84^ of The Public Transportation and Highway
Improvement Act, the amount of such contribution shall be
deducted from the expenditure in the statement submitted
to the Minister unless the Minister otherwise directs.
c. 201
Maintenance
and repair
33. The roads included in the regional road system shall
be maintained and kept in repair by the Regional Corporation.
138
25
34. The Regional Corporation has, in respect of the roads Po^|r over
included in the regional road system, all the rights, powers, assumed
benefits and advantages conferred, and is subject to all
liabilities imposed, either by statute, by-law, contract or
otherwise upon The Corporation of the County of Peel or the
County of Halton or the corporation of the area municipality
or the corporations of two or more area municipalities which
had jurisdiction over the roads before they became part of the
regional road system, and the Regional Corporation may sue
upon such rights or under such contracts or by-laws in the
same manner and to the same extent as the County of Peel
or the County of Halton or the area municipality or munici-
palities as the .case may be, might have done if the roads
had not become part of the regional road system.
35. — (1) The Regional Corporation is not by reason of a f^^|\^J^^
road forming part of the regional road system under this
Act liable for the construction or maintenance of side-
walks on any road or portion thereof in the regional road
system, but the area municipality in which such sidewalks
are located continues to be liable for the maintenance of such
sidewalks and is responsible for any injury or damage arising
from the construction or presence of the sidewalks on such
road or portion thereof to the same extent and subject to the
same limitations to which an area municipality is liable under
section 427 of The Municipal Act in respect of a sidewalk on aRsois^o,
road over which a council has jurisdiction.
(2) An area municipality may construct a sidewalk, or other Area
rnunici"
improvement or service on a regional road, and the Regional paiitiesmay
Corporation may contribute to the cost of such sidewalk, sidewalks,
improvement or service, but no such work shall be undertaken ®^°
by an area municipality without first obtaining the approval
of the Regional Council expressed by resolution.
(3) The cost of any such sidewalk, improvement or service How cost
. , , 1 r 1 provided
constructed on a regional road may be met out of the general
funds of the area municipality or the work may be under-
taken in whole or in part as a local improvement under
The Local Improvement Act. c.'255'
(4) An area municipality when constructing such sidewalk, ^''^^ni^i^ici-
• . r -^ . , r , ,, t palityto
improvement or service on a regional road shall conform conf9rm to
to any requirements or conditions imposed by the Regional an^'be^™^^ ^
Council and is responsible for any injury or damage arising for damages
from the construction or presence of the sidewalk, improvement
or service on the road.
36. — (1) The Regional Corporation may construct, install, ^^1^^^^^,*^°°
maintain or remove any works on a highway, other than a control
road under the jurisdiction and control of the Ministry,
including traffic control devices, for the purpose of altering
138
26
or regulating the flow of traffic upon entering or leaving a road
in the regional road system.
^tersecting^ (^) ^^^ Regional Corporation may relocate, alter or divert
roads any public road, other than a road under the jurisdiction
and control of the Ministry, entering or touching upon or giving
access to a road in the regional road system.
i<*®™ (3) Where, in relocating, altering or diverting a public
road under subsection 2, the Regional Corporation constructs
a new road in lieu of the public road, the Regional Corporation
may close the public road at the point of intersection with
the regional road and may, by by-law vest the new road
and the soil and freehold and jurisdiction and control thereof
in the area municipality in which it is situate.
(4) Where the Regional Corporation constructs a sidewalk,
improvement or service on a road under the jurisdiction and
control of an area municipality, the area municipality may
contribute to the cost of such sidewalk, improvement or
service and the work may be undertaken in whole or in part
under The Local Improvement Act.
Intersection 37. Where a regional road intersects a road that is under
by regional the jurisdiction and control of an area municipality, the
continuation of the regional road to its full width across
Construction
of sidewalk,
etc., on area
municipality
road
R.S.0. 1970,
c. 255
New roads
R.S.0. 1970,
c. 284
Powers and
liabilities
of Regional
Corporation
R.S.0. 1970,
cc. 284, 202
Establish-
ment of
bus lanes
the road so intersected is a part of the regional road system.
38. The Regional Council may pass by-laws for establishing
and laying out new roads and for amending the by-law
passed under section 29 by adding such new roads to the
regional road system, and the provisions of The Municipal
Act with respect to the establishment and laying out of
highways by municipalities apply mutatis mutandis.
39. — (1) With respect to the roads in the regional road
system and the regulation of traffic thereon, the Regional
Corporation has all the powers conferred, and is subject
to all the liabilities imposed, upon the council or corporation
of a city by The Municipal Act, The Highway Traffic Act and any
other Act with respect to highways.
(2) The Regional Council or the council of any area
municipality may by by-law designate any lane on any road
over which it has jurisdiction as a lane solely or principally
for use by public transit motor vehicles and prohibit or
regulate the use thereof by vehicles other than public
transit vehicles to such extent and for such period or periods
as may be specified, and for the purposes of this subsection
"public transit motor vehicle" means a motor vehicle owned
and operated by, for or on behalf of the Regional Corporation
or any area municipality as part of its passenger transporta-
tion service.
138
27
40. — (1) The Regional Council may by by-law prohibit ^^|^|^°^ °^
or regulate the placing or erecting of, pumpand
° r o o ' advertising
device near
(a) any gasoline pump within 150 feet of any limit of ^^^^^°^^
regional road ;
(b) any sign, notice or advertising device within one
quarter mile of any limit of a regional road.
(2) A by-law passed under this section may provide for the^^^'^i*'^
issuing of permits for the placing or erecting of any
gasoline pump, sign, notice or advertising device and may
prescribe the form, terms and conditions thereof and the
fees to be paid therefor.
41. — (1) No by-law passed by an area municipality for the ^y-^^^^ of
regulation of traffic on a highway under the jurisdiction andpaiities
control of the area municipality, except a by-law for the traffic °^
regulation of parking, shall come into force unless it has been
approved by the Regional Council before it is submitted for
approval under The Highway Traffic Act. a^'i)2'' ^^^°'
(2) All signal-light traffic control devices heretofore orpi^ai- .
hereafter erected on a highway under the jurisdiction and
control of an area municipality shall be operated, or erected and
operated, in the manner prescribed by by-law of the Regional
Council, and the Regional Council may delegate any of its
powers in respect of the operation of such devices to an
officer of the Regional Corporation designated in the by-law.
(3) The Regional Corporation may contribute toward the^o^*^']^-
cost of the erection of signal-light traffic control devices towards costs
••!•.. of signal-
erected by an area municipality. lights
(4) Subject to The Highway Traffic Act, the Regional J^^^^j
Council may pass by-laws to regulate traffic on any highway witwn loo feet
under the jurisdiction and control of an area municipality roads
for a distance of 100 feet on either side of the limit of a
regional road, and, where there is any conflict between such a
by-law and a by-law of an area municipality, the by-law
passed under this subsection prevails to the extent of such
conffict.
42. The Regional Council may by by-law authorize Agreements
° ^ . for pedestrian
agreements between the Regional Corporation and the walks
owners or lessees of land abutting on a highway for the
construction, maintenance and use of walks for pedestrians
over, across or under the highway upon such terms and
conditions as may be agreed and for contributing to the whole
or any part of the cost thereof, and for leasing or licensing
138
28
the use of untravelled portions of such walks and adjoining
lands to persons for such considerations and upon such terms
and conditions as may be agreed.
Kain^^^ 43.— (1) Sections 436 and 438 of The Municipal Act do
tenance, etc., not apply to a bridge or highway crossing or forming a
of bridges . / ^ u i. jA. -n • ^ \ ^ 1- ■ ■
and highways boundary between the Kegional Area and an adjommg
R.s^o. 1970, municipality where such bridge or highway is included in the
regional road system and in the road system of the munici-
pality.
Idem
Hearing
byO.M.B.
(2) Where there is a difference between the Regional
Council and the council of a municipality in respect of any
such bridge or highway as to the corporation upon which
the obligation rests for the constructing or maintaining of the
bridge or highway, or as to the proportions in which the
corporations should respectively contribute thereto, or where
the Regional Council and the council of the municipality are
unable to agree as to any action, matter or thing to be taken
or done in respect of such bridge or highway, every such
difference shall be determined by the Municipal Board upon an
application by the Regional Corporation or the corporation
of the municipality.
(3) The Municipal Board shall appoint a day for the
hearing of the application, of which ten days notice in writing
shall be given to the clerk of each municipality and of the
Regional Corporation, and shall, at the time and place appointed,
hear and determine all matters in difference between the
municipalities in regard to such bridge or highway, and
the Municipal Board may make such order with respect to
the same as it may consider just and proper, and may by
the order fix and determine the amount or proportion that
each municipality shall pay or contribute toward the
building and maintaining of such bridge or highway.
Term of
order
(4) An order made by the Municipal Board under this
section is binding upon the municipalities for such period as the
Municipal Board may determine, and is final and conclusive.
Boundary 44.^ Clause b of subsection 1 of section 403 of The Municipal
between area Act does not apply to a bridge over a river, stream, pond
paiities or lake forming or crossing a boundary line between area
municipalities, and the councils of the area municipalities on
either side of such boundary line have joint jurisdiction
over every such bridge that is not included in the regional
road system.
bridges 45. Section 418 of The Municipal Act does not apply to
Regional Area a bridge over a river, stream, pond or lake forming or crossing
mun^cipinty a boundary line between the Regional Area and an adjoining
138
29
municipality, and the councils of the area municipality and the
adjoining local municipality on either side of such boundary
line have joint jurisdiction over every such bridge that is not
included in the regional road system.
46. — (1) The Regional Council has, with respect to all ^®s*^"^"o°s
land lying within a distance of 150 feet from any limit of a
regional road, all the powers conferred on the council of a
local municipality by section 35 of The Planning Act. c.'349'
(2) In the event of conflict between a by-law passed under coriflict
subsection 1 by the Regional Council and a by-law passed under by-iaws
section 35 of The Planning Act or a predecessor of such
section by the council of a local municipality that is in
force in the area municipality in which the land is situate,
the by-law passed by the Regional Council prevails to the
extent of such conflict.
47. — (1) The Regional Council may by by-law designate controiied-
\ / p J J J _ , r access roads
any road m the regional road system, or any portion thereof,
as a controlled-access road.
(2) Subject to the approval of the Municipal Board, the closing
r,^ ' . n 1 L L 1 1 • • 1 J municipal
Regional Council may by by-law close any municipal road roads
that intersects or runs into a regional controlled-access
road.
(3) The Municipal Board may direct that notice of anyNotice^of^^
application for approval of the closing of a road under this for approval
. . forclosiner
section shall be given at such time, in such manner and to such road
persons as the Municipal Board may determine, and may
further direct that particulars of objections to the closing
shall be filed with the Municipal Board and the Regional
Corporation within such time as the Municipal Board shall
direct.
(4) Upon the hearing of the application for approval ofg^j^^^°*'
the closing of a road, the Municipal Board may make such
order as it considers proper refusing its approval or granting
its approval upon such terms and conditions as it considers
proper, and any order of the Municipal Board approving of
the closing of a road may contain provisions,
{a) determining the portion or portions of the road
that shall be closed ;
{h) providing for the payment of the costs of any person
appearing on such application and fixing the amount
of such costs ; and
(c) providing for the doing of such other acts as in the
circumstances it considers proper.
138
30
Closing
road
(5) Upon the approval of the Municipal Board being so
obtained but subject to the provisions of the order of the
Municipal Board made on the application for such approval,
the Regional Corporation may do all such acts as may be
necessary to close the road in respect of which the application
is made.
Appeal
(6) The Regional Corporation, or any person including an
area municipality, that has filed particulars of an objection
may, with the leave of the Divisional Court, appeal to that
court from any order made under subsection 4.
Time for
appeal
(7) Application for leave to appeal shall be made within
thirty days after the date of the determination or order
of the Municipal Board subject to the rules of the court
as to vacations.
Leave to
appeal
(8) The leave may be granted on such terms as to the
giving of security for costs and otherwise as the court may
consider just.
procedure'^*^ (9) ^^^ practice and procedure as to the appeal and
on appeal matters incidental thereto shall be the same, mutatis mutandis,
as upon an appeal from a county court, and the decision
of the Divisional Court is final.
c"f23^s^95°' (^^) Section 95 of The Ontario Municipal Board Act does
not to apply not apply to an appeal under this section.
etc.Topening^' 48. The Regional Council may pass by-laws prohibiting
controlfed-"*^ ^^ regulating the construction or use of any private road,
access road entrauccway, structure or facility as a means of access to a
regional controlled-access road.
Notice
49. — (1) The Regional Corporation may give notice to the
owner of any land requiring him to close up any private
road, entranceway, structure or facility constructed or used
as a means of access to a regional controlled-access road
in contravention of a by-law passed under section 48.
Service
of notice
(2) Every notice given under subsection 1 shall be in
writing and shall be served personally or by registered mail,
and in the case of service by registered mail shall be deemed
to have been received on the fifth day following the mailing
thereof.
Failure
to comply
with notice
(3) Where the person to whom notice is given under
subsection 1 fails to comply with the notice within thirty
days after its receipt, the Regional Council may by resolution
direct any officer, employee or agent of the Regional Corporation
138
31
to enter upon the land of such person and do or cause
to be done whatever may be necessary to close up the private
road, entranceway, structure or facility as required by notice.
(4) Every person who fails to comply with a notice given *^*'^®°°®
under subsection 1 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 a first offence and to a fine of not less than
$50 and not more than $500 for a second or subsequent
offence.
(5) Where a notice given under subsection 1 has been ^ompensa-
complied with, no compensation is payable to the owner of
the land unless the private road, entranceway, structure or
facility constructed or used as a means of access to a controlled-
access road designated under subsection 1 of section 47 was
constructed or used, as the case may be,
(a) before the day on which the by-law designating the
road as a controlled-access road became effective; or
(b) in compliance with a by-law passed under section 48,
in which case the making of compensation is subject
to any provisions of such by-law.
50. — (1) Subject to subsection 2, no area municipality JJ||j5»°?;^
shall have any right to compensation or damages for any where road
road forming part of the regional road system. of system
(2) Where a road forms part of the regional road system, i<^e"^
the Regional Corporation shall thereafter pay to the area
municipality before the due date all amounts of principal
and interest becoming due upon any outstanding debt of the
area municipality in respect of such road, but nothing in
this subsection requires the Regional Corporation to pay that
portion of the amounts of principal and interest that under
The Local Improvement Act is payable as the owners' share ^IgO.igvo,
of a local improvement work.
(3) Where the Regional Corporation fails to make any default
payment required by subsection 2, on or before the due date,
the area municipality may charge the Regional Corporation
interest at the rate of 12 per cent per annum thereon, or such
lower rate as the council of the area municipality determines,
from such date until payment is made.
(4) In the event of any doubt as to whether any out- ^^^^^^^^l^
standing debt or portion thereof is a debt in respect of the
road forming part of the regional road system, the Muni-
cipal Board, upon application, may determine the matter
and its decision is final.
138
32
Stopping-up
highways
51. — (1) Where an area municipality intends to stop up a
highway or part of a highway, it shall so notify the Regional
Corporation by registered mail.
Agreement
(2) If the Regional Council objects to such stopping up,
it shall notify the council of the area municipality by regis-
tered mail within sixty days of the receipt of the notice
required under subsection 1 and the highway or part thereof
shall not be stopped up except by agreement between the
area municipality and the Regional Council and failing agree-
ment the Municipal Board, upon application, may determine
the matter and its decision is final.
Appointment 52. The Regional Council shall by by-law appoint a per-
commissioner son, who is a professional engineer registered as a civil engineer
c.'366 ' under The Professional Engineers Act to administer and
manage the regional road system.
Amplication 53^ Scctious 92, 94, 96, 99 and 102 of The Public Trans-
RS.0. 1970, portation and Highway Improvement Act apply mutatis mutandis
with respect to any road in the regional road system.
PART IV
Planning
Planning 54. — (1) Qn and after the 1st day of January, 1974, the
R.s.p. 1970, Regional Area is defined as, and shall continue to be, a joint
planning area under The Planning Act to be known as the
Peel Planning Area.
0.349
Desi^nat^ed^ (2) The Regional Corporation is the designated munici-
pality within the meaning of The Planning Act for the purposes
of the Peel Planning Area.
Planning
areas
dissolved
(3) All planning areas and subsidiary planning areas that
are included in the Peel Planning Area together with the
boards thereof are hereby dissolved on the 31st day of
December, 1973.
Area munici-
palities
subsidiary
planning
areas
Proviso
(4) Each area municipality is constituted a subsidiary
planning area effective the 1st day of January, 1974, and
the council thereof shall have all the powers of a planning
board under The Planning Act and no area municipality shall
establish a planning board.
(5) Nothing in subsections 3 and 4 affects any official
plan in effect in any part of the Regional Area.
138
33
(6) When the Minister has approved an official plan ^^^^^ °f j^^^^
adopted by the Regional Council,
(a) every official plan and every by-law passed under
section 35 of The Planning Act or a predecessor ^l^^- ^^''°'
thereof then in effect in the planning area affected
thereby shall be amended forthwith to conform there-
with; and
{b) no official plan of a subsidiary planning area shall
be approved that does not conform therewith.
55. — (1) The Regional Council shall investigate and survey P^^^^ning
the physical, social and economic conditions in relation to the of Regional
development of the Peel Planning Area and may perform
such other duties of a planning nature as may be referred
to it by any council having jurisdiction in the Peel Planning
Area, and without limiting the generality of the foregoing
shall,
{a) prepare maps, drawings, texts, statistical information
and all other material necessary for the study, ex-
planation and solution of problems or matters affect-
ing the development of the Peel Planning Area;
(b) hold public meetings and publish information and
all other material necessary for the study, explana-
tion and solution of problems or matters affecting
the development of the Peel Planning Area; and
(c) consult with any local board having jurisdiction
within the Peel Planning Area.
(2) The Regional Council, before the 31st day of December, official
1976, shall prepare, adopt and forward to the Minister for
approval an official plan for the Regional Area.
(3) Ihe Regional Council and the council of each area ^/'Pi^°q{^|°*
municipality may appoint such planning committees and^^-^^
staff as it considers necessary.
(4) Subject to this Part, the Regional Corporation shall g^gionai^^^
be deemed to be a municipality and the Regional Council adeemed
planning board for the purposes of section 1, subsections 4, under
R, S O 1970
6 and 7 of section 2, sections 5, 13, 14, 15, 16, 17, 19, 20,c.'349'
21, 25, 26, 27, 33, 43 and 44 of The Planning Act.
(5) The Regional Corporation shall be deemed to be aWem
county for the purposes of section 39 of The Planning Act.
138
34
Agreements
re plans of
subdivision
(6) The Regional Corporation may enter into agreements
with area municipalities or persons relating to approval of
plans of subdivision.
Agreements
re special
studies
(7) The Regional Corporation, with the approval of the
Minister, may enter into agreements with any governmental
authority, or any agency thereof, created by statute for the
carrying out of studies relating to the Peel Planning Area
or any part thereof.
Delegation
of Minister's
powers
R.S.0. 1970,
c. 349
(8) The Lieutenant Governor in Council may, upon the
recommendation of the Minister, delegate to the Regional
Council any of the Minister's powers of approval under The
Planning Act.
Committees
of
adjustment
(9) All committees of adjustment heretofore constituted
by the council of a local municipality in the Peel Planning
Area are hereby dissolved on the 31st day of December,
1973, and the council of each area municipality shall forth-
with after the 1st day of January, 1974, pass a by-law con-
stituting and appointing a committee of adjustment under
section 41 of The Planning Act, but notwithstanding the
provisions of such Act no such committee shall have any
authority to grant consents referred to in section 29 of such
Act.
Land
division
committee
(10) On or before the 1st day of January, 1974, the Regional
Council shall, without notice from the Minister, constitute
and appoint a land division committee composed of such
number of persons not fewer than three as the Regional Council
considers advisable, to grant consents referred to in section 29
of The Planning Act.
Application
of
R.S.0. 1970,
c.349
56. Except as provided in this Part, the provisions of
The Planning Act apply to the Regional Corporation.
PART V
Health and Welfare Services
Liability
for hospital-
ization of
indigents
R.S.0. 1970,
cc. 378, 361
57. — (1) The Regional Corporation shall be deemed to be
a city for all the purposes of the provisions of The Public
Hospitals Act and The Private Hospitals Act respecting hospi-
talization and burial of indigent persons and their dependants,
and no area municipality has any liability under such pro-
visions.
Existing
liabilities
transferred
(2) The Regional Corporation is liable for the hospitaliza-
tion and burial, after the 31st day of December, 1973, of an
indigent person or his dependant who was in hospital on the
138
35
31st day of December, 1973, and in respect of whom any
local municipality within the Regional Area was liable because
the indigent person was a resident of such local municipality
or the County of Peel or that part of the Town of Oakville which
becomes part of the City of Mississauga on the 1st day of
January, 1974.
(3) Nothing in subsection 2 relieves any such local munici- Proviso
pality from any liability in respect of hospitalization or burials
before the 1st day of January, 1974.
58. — (1) The Regional Council may pass by-laws for Aid to
,-_ . . 11*1 HOSpltiflilS
grantmg aid for the construction, erection, establishment, .
acquisition, maintenance, equipping and carrying on the busi-
ness of public hospitals including municipal hospitals and
other health care facilities in the Regional Area and may
issue debentures therefor and no area municipality shall
exercise any such powers in respect of public hospitals includ-
ing municipal hospitals.
(2) The Regional Corporation shall pay to any area munici-P3.ymentof
^ ' o " f J J principal and
pality, on or before the due date, all amounts of principal interest to
and interest becoming due upon any outstanding indebted- paiities
ness of the area municipality in respect of aid granted by a
local municipality for the purposes mentioned in subsection 1,
prior to the 1st day of January, 1974, and if the Regional
Corporation fails to pay such amounts before the due date,
the area municipality may charge the Regional Corporation
interest at the rate of 12 per cent per annum thereon, or such
lower rate as the council of the area municipality determines,
from such date until payment is made.
(3) Notwithstanding the provisions of any general or special H^o^^pitai^
Act, payments made under this section shall form part of the part of
^ -, . nt regional levy
levy under section 81.
59. — (1) On and after the 1st day of January, 1974, theRegionaJ^
Regional Area shall be a health unit established under TA^ health unit
R. S O 1970
Public Health Act and, subject to this Part, the provisions of c.377 '
such Act apply, and the board of health of the health unit
so established shall be known as the Peel Regional Board
of Health.
(2) The health unit serving the County of Peel on the 31stDi|sojution
day of December, 1973, is hereby dissolved on the 1st day health unit
of January, 1974, and all the assets and liabilities thereof
shall become the assets and liabilities of the Peel Regional
Board of Health.
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■ 36
Boundaries (3) Notwithstanding the provisions of any other Act, the
boundaries of the health unit of the Regional Area shall not
be altered except by order of the Minister of Health.
Constitution 60. — (1) On and after the 1st day of January, 1974 the
board Peel Regional Board of Health shall be composed of,
(a) seven members of the Regional Council appointed by
the Regional Council; and
{b) not more than three persons appointed by the Lieu-
tenant Governor in Council upon the recommendation
of the Minister of Health.
Remunera- (2) The members of the Peel Regional Board of Health
tion of certain ^ ' /- -i i n
members appointed by the Regional Council shall not be paid any
remuneration as members of such board, except expenses
incurred in carrying out their duties.
Expenses of (3) Notwithstanding the provisions of any other Act, the
R.s.o. 1970, expenses incurred by the Peel Regional Board of Health in
establishing and maintaining the health unit and performing
its functions under The Public Health Act or any other Act
shall be accounted for, borne and paid by the Regional
Corporation.
Corporation ^^' — (^) ^°^ ^^^ purposes of the following Acts, the
deemed city Regional Corporation shall be deemed to be a city and no
R.s.o. 1970, area municipality shall be deemed to be a municipahty:
CO. 21, 270, 422, f j
490
1. The Anatomy Act.
2. The Mental Hospitals Act.
3. The Sanatoria for Consumptives Act.
4. The War Veterans Burial Act.
cof oration (^) ^^^ *^^ purposes of the following Acts, the Regional
deemed Corporation shall be deemed to be a county and no area muni-
R.S.O.1970, cipality shall be deemed to be a municipality:
cc. 104, 192, 203 t- j
1. The Day Nurseries Act.
2. The General Welfare Assistance Act.
3. The Homemakers and Nurses Services Act.
Liability^ 62. — (1) The Regional Corporation shall be deemed to be a
foraeed county for the purposes of The Homes for the Aged and Rest
Iv.S.0. 1970,
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37
Homes Act, and no area municipality has any authority as to
the estabhshment, erection and maintenance of a home for the
aged under such Act.
(2) The Peel Manor Home for the Aged and Sheridan Peei county
Villa Home for the Aged and all assets and liabilities thereof aged vested
together with all the real and personal property of such corporation
homes, vest in the Regional Corporation on the 1st day of
January, 1974, without compensation.
63. — (1) The Regional Corporation shall pay to the Residents
committee or board of management of any home for the aged homes for
located outside the Regional Area the cost of maintenance*^^
in such home, incurred after the 31st day of December, 1973,"
of every resident of such home who was admitted thereto
due to residence in any area that becomes part of an area
municipality.
(2) The amount payable by the Regional Corporation ^^0'^°^°^^,^
under subsection 1 shall be such as may be agreed upon or, payment
failing agreement, as may be determined by the Municipal
Board.
64. No area municipality shall be deemed to be a^Q^pQ^I^JiQjj
municipality for the purposes of The Child Welfare Act, and the'^®®"}®? ,.^
_, ,- • r 11 1 1 1 • r municipality
Regional Corporation shall be deemed to be a city for theunder
- 1 A i R.S.0. 1970,
purposes of such Act. c. 64
65. The Regional Corporation is liable for the amounts Existing^
payable on or after the 1st day of January, 1974, by any transferred
area municipality under section 88 of The Child Welfare Act,
1965 and is entitled to recover the amounts payable to any
area municipality on or after that date under that section.
66. Where an order is made under subsection 2 of^iabiiity
under order
section 20 of the Juvenile Delinquents Act (Canada) upon an made under
area municipality, such order shall be considered to be anc.'j-3
order upon the Regional Corporation, and the sums of money
required to be paid under such order shall be paid by the
Regional Corporation and not by the area municipality.
67. Every area municipality and every officer or employee ^'^^°''"^**'^°°
thereof shall, at the request of the officers of the Regional
Corporation who are responsible for the administration of the
Acts referred to in this Part, furnish forthwith to such
officers any information they may require for the purposes
of this Part.
68. In the event that there is any doubt as to whether"^^^^^*"^®"*^
the Regional Corporation is liable under this Part in respect
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38
of the liabilities imposed herein, the matter may be settled
by agreement between the municipalities concerned or,
failing agreement, may be determined by the Municipal
Board.
Grants, etc.,
to approved
corporations
under
R.S.0. 1970,
C.204
69. The Regional Corporation may grant aid to approved
corporations established under The Homes for Retarded
Persons Act, and may enter into agreements with any of
such corporations with respect to the construction, operation
and maintenance of homes for retarded persons.
PART VI
Police
Interpre-
tation
70. In this Part, "Peel Police Board" means the Peel
Regional Board of Commissioners of Police.
Re^io ai '^^' — ^^^ Notwithstanding The Police Act, on the 1st day of
Board November, 1973 a board of commissioners of police shall be
R s o 1970 constituted to be known as the Peel Regional Board of Com-
c. 351 missioners of Police, which shall consist of,
{a) two members of the Regional Council appointed by
resolution of the Regional Council ;
{b) a judge of a county or district court designated by
the Lieutenant Governor in Council ; and "^H
(c) two persons appointed by the Lieutenant Governor
in Council.
Quorum (2) Three members of the Peel Police Board, including a
member appointed by the Regional Council, are necessary
to form a quorum.
Remunera-
tion
(3) The Regional Corporation shall provide for the payment
of a reasonable remuneration, not being less than the
minimum prescribed by the regulations under The Police Act,
to the members of the Peel Police Board appointed by the
Lieutenant Governor in Council and the members appointed
by the Regional Council shall not be paid any remuneration
as members of such Board except expenses incurred in
carrying out their duties.
Regional
Corporation
deemed
city under
R.S.0. 1970,
c. 351
72. — (1) On and after the 1st day of January, 1974,
(a) the Regional Corporation shall be deemed to be a city
having a population of more than 15,000 accord-
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39
ing to the last municipal census for the purposes
of The Police Act, except subsections 1 to 4 of
section 8 thereof ;
(6) The Police Act does not apply to any area munici- ^-^p- 1^''^-
pality ; and
(c) The Peel Police Boa id and the members of the
Peel Regional Poli( » I'orce shall be charged with
the same duties with respect to by-laws of the area
municipalities as with respect to by-laws of the
Regional Corporation.
(2) The fines imposed for the contravention of the by-laws ^i°es
of any area municipality, shall where prosecuted by the Peel
Regional Police Force, belong to the Regional Corporation
and, where prosecuted by any other person, belong to the
area municipality whose by-law has been contravened.
73. — (1) Every person who is a member of a police force j^^^^poi^*^®
of a local municipality within the Regional Area on the 1st day
of April, 1973, and continues to be a member until the 31st
day of December, 1973, shall, on the 1st day of January, 1974,
become a member of the Peel Regional Police Force, and the
provisions of subsections 4 and 11 of section 27 apply to
such members, but no member shall receive in the year 1974
any benefits of employment, with the exception of rank, less
favourable than those he was receiving from the local muni-
cipality.
(2) Every person who is a member of a police force of a ^®®j^^j^®^^o^*i
local municipality on the 31st day of December, 1973, and
becomes a member of the Peel Regional Police Force on the 1st
day of January, 1974, is subject to the government of the
Peel Police Board to the same extent as if appointed by the
Peel Police Board and the Peel Regional Police Association
shall be entitled to make representations to such Board in
respect of by-laws and regulations for the government of
the Peel Regional Police.
(3) Every person who becomes a member of the Peel Jj^^J^A^o^^^^
Regional Police Force under subsection 1 shall,
{a) be considered to have elected to participate in the
Ontario Municipal Employees Retirement System if
he was a member of the Ontario Municipal Employees
Retirement System on the day immediately preceding
his employment by the Peel Police Board and such
member shall have uninterrupted membership in
the Ontario Municipal Employees Retirement System,
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40
and to participate in the Ontario Municipal Em-
ployees Retirement System supplementary plan as
established for the Town of Mississauga Police
Force ;
{b) with the exception of civilian employees and assist-
ants, be retired on the last day of the month in
which the member attains sixty years of age ;
(c) have credited to him in the Peel Regional Police
Force the total number of years of service that
he had in the police force of the local municipality
of which he was a member immediately prior to the
1st day of January, 1974;
(d) receive such sick leave credits and benefits in the
sick leave credit plan which shall be established by
the Peel Police Board as he had standing to his
credit in the plan of the local municipality ; and
{e) not be transferred without his consent to a detach-
ment farther than a distance of fifteen miles from the
detachment headquarters of the police force of which
he was a member on the 31st day of December, 1973.
Civilian
employee
retirement
(4) Civilian employees and assistants of the Peel Regional
Police Force shall be retired on the last day of the month
in which such civilian employee or assistant attains sixty-
five years of age.
Joint
bargaining
committee
R.S.0. 1970,
c. 351
(5) On or before the 1st day of November, 1973, the
members of the municipal police forces within the Regional
Area shall appoint a joint bargaining committee to repre-
sent all such municipal police forces to bargain with the
Peel Police Board in the manner and for the purposes provided
in The Police Act and the Peel Police Board shall be the sole
negotiating body to bargain with such committee.
Time of
meeting
(6) The first meeting of the bargaining committee and the
Peel Police Board shall be held not later than the 30th day of
November, 1973.
Application of (7) Section 239 of The Municipal Act applies mutatis
c. 284 mutandis to the Peel Police Board.
Assumption 74^ — (1) jhe Regional Council shall, before the 1st day of
January, 1974, pass by-laws which shall be effective on such
date assuming for the use of the Peel Police Board any such
land or building that the Peel Police Board may require
that is vested on the 1st day of July, 1973, in any local
138
41
municipality or local board thereof, and at least 40 per cent
of which is used on such date for the purposes of the police
force of that municipality, and on the day any such by-law
becomes effective the property designated therein vests in the
Regional Corporation.
(2) No local municipality, between the 1st day of Tune, saieby
^ ' r J ' J J > area munici-
1973, and the 1st day of January, 1974, shall without the paiities
consent of the Municipal Board sell, lease or otherwise dispose
of or encumber any land or building mentioned in subsection 1.
(3) Notwithstanding subsection 1, a by-law for assuming Extension
any land or building mentioned in subsection 1, with the
approval of the Municipal Board, may be passed after the
1st day of January, 1974, and in that case the by-law shall
become effective on the date provided therein.
(4) Where any part of a building mentioned in subsection ^^^^l^^
1 is used by the local municipality or a local board thereof exclusively
for other than police purposes, the Regional Corporation may, force
{a) where practicable, assume only the part of the
building and land appurtenant thereto used for the
purposes of the police force of such municipality ; or
{b) vest the building and land appurtenant thereto in the
Regional Corporation and enter into an agreement
with such municipality or local board thereof for
the use of a part of the building by such munici-
pality or local board on such terms and conditions
as may be agreed upon.
(5) Where the Regional Corporation assumes any property Regional
under subsection 1 or 3, liability
{a) no compensation or damage shall be payable to the
local municipality or local board except as provided
in this subsection ;
[h) the Regional Corporation shall thereafter pay to the
area municipality before the due date all amounts
of principal and interest becoming due upon any
outstanding debt of the area municipality in respect
of any property vested in the Regional Corporation;
and
(c) the Regional Corporation shall thereafter pay to the
area municipality for the portion of any land or
building vested in the Regional Corporation under
this section that is not used for police purposes on the
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42
Default
1st day of July, 1973, such amount as may be agreed
upon and failing agreement the Municipal Board,
upon application, may determine the amount, and its
decision is final, provided such amount shall not be
greater than the capital expenditure for such por-
tion of such land or building less the amount of
any outstanding debt in respect of such portion.
(6) If the Regional Corporation fails to make any payment
on or before the due date required by clause b of subsection 5,
the area municipality may charge the Regional Corporation
interest at the rate of 12 per cent per annum thereon, or
such lower rate as the council of the area municipality deter-
mines, from such date until payment is made.
tion°"^"^°'^^ (7) Where a building vested in a local municipality or local
board is used partly by the police force of the municipality
and is not vested in the Regional Corporation under this
section, the area municipality at the request of the Peel
Police Board on or after the 1st day of January, 1974, shall
provide, at such rentals as may be agreed upon, at least as
much accommodation in such building for the use of the
Peel Police Board as was being provided by the local muni-
cipality for its police force on the 1st day of July, 1973,
and failing agreement the Municipal Board, upon application,
may determine the matter and its decision is final.
Office
supplies, etc.
(8) At the request of the Peel Police Board, each area
municipality, for the use of the Peel Police Board,
[a) shall transfer to the Regional Corporation without
compensation all personal property, including office
supplies and stationery in the possession of the area
municipality on the 1st day of January, 1974, that
was provided for the exclusive use of the police
force of the area municipality; and
{h) shall make available to the Regional Corporation
all personal property the use of which was shared
by the police force and any department or depart-
ments of the area municipality on the 1st day of
January, 1974, on the same terms and to the same
extent as the police force used the property before
such date.
Signal
system
transferred
(9) All signal and communication systems owned by any
local municipality and used for the purposes of the police
force of the municipality on the 1st day of July, 1973, or
thereafter, are vested in the Regional Corporation for the use
of the Peel Police Board on the 1st day of January, 1974,
138
43
and no compensation shall be payable to the municipality
therefor and the Regional Corporation shall thereafter pay
to the area municipality before the due date all amounts of
principal and interest becoming due upon any outstanding
debt of the area municipality in respect of any such signal
or communication system, and if the Regional Corporation
fails to make any payment on or before such due date, the
area municipality may charge the Regional Corporation
interest at the rate of 12 per cent per annum, or such lower
rate as the council of the area municipality determines, from
such date until payment is made.
(10) In the event of any doubt as to whether, Settling
^ ' -^ of doubts
(«) any outstanding debt or portion thereof was incurred
in respect of any property assumed; or
{b) any land or building is used at least 40 per cent for
the purposes of a police force,
the Municipal Board, upon application, may determine the
matter and its decision is final.
75. The Regional Corporation shall provide all real and^J'^P®^*^^
personal property necessary for the purposes of the Peel provided
Police Board.
PART VII
Regional Waterworks System
76.— (1) On and after the 1st day of January, 1974, the Region to be
Regional Corporation shall have the sole responsibility for the distributor
supply and distribution of water in the Regional Area and
all the provisions of any general Act relating to the supply and
distribution of water by a municipal corporation or a local
board thereof and all of the provisions of any special Act
relating to the supply and distribution of water by an area
municipality or a local board thereof apply mutatis mutandis
to the Regional Corporation, except the power to establish
a public utilities commission.
(2) On and after the 1st day of January, 1974, no area J:^° ^[^fp^ii^-y
municipality shall have or exercise any powers under any ^o^distribute
Act for the supply and distribution of water.
(3) All waterworks, supply systems, meters, mechanical Resting of
equipment and all real and personal property of any nature facilities
whatsoever used solely for the purpose of the supply and
distribution of water and all other assets, liabilities and
138
44
surpluses or deficits, including reserves, of the local munici-
palities relating to any facility for the supply and distribution
of water in the Regional Area or for any area municipality
is vested in the Regional Corporation effective the 1st day
of January, 1974, and no compensation or damages shall be
payable to any area municipality in respect thereof.
Regional
Corporation
liability
R.S.0. 1970,
c. 255
(4) The Regional Council shall pay to the corporation of
any area municipality before the due date all amounts of
principal and interest becoming due upon any outstanding
debt of such area municipality in respect of the property
assumed by the Regional Corporation under the provisions of
subsection 3, but nothing in this subsection requires the
Regional Corporation to pay that portion of the amounts of
principal and interest that under The Local Improvement Act
is payable as the owners' share of a local improvement work.
Default
(5) If the Regional Corporation fails to make any payment
as required by subsection 4, the area municipality may charge
the Regional Corporation interest at the rate of 12 per cent
per annum thereon or such lower rate as the council of the
area municipality determines from such date until payment is
made.
water^uppiy (5) With respect to any agreements entered into by any
municipality or local board thereof in the Regional Area
respecting the supply and distribution of water, the Regional
Corporation shall, on the 1st day of January, 1974, stand in
the place and stead of such municipality or local board for
all purposes of any such agreement.
Regional
Corporation
responsible
for sanitary
sewage
PART VIII
Regional Sewage Works
77. — (1) On and after the 1st day of January, 1974, the
Regional Corporation shall have the sole responsibility for the
collection and disposal of all sewage, except as provided in
subsection 8, in the Regional Area and all of the provisions
of any general Act relating to the collection and disposal of
such sewage by a municipal corporation or a local board
thereof and all of the provisions of any special Act relating
to the collection and disposal of such sewage by an area
municipality or a local board thereof apply mutatis mutandis to
the Regional Corporation, except the power to establish a
public utilities commission.
municf aiit (^) ^" ^"^ ^^*^^ ^^^ ^^^ ^^y °^ January, 1974, no area
to collect municipality shall have or exercise any powers under any
S9.nifcfl.rv l -j */ i «/
sewage Act for the collection and disposal of sewage, except as
provided in subsection 8.
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45
(3) All sewage works, sewer systems and treatment works, J^®^*^°8r of
including buildings, structures, plant, machinery, equipment, sewage
devices, intakes and outfalls or outlets, or other works de-
signed for the interception, collection, settling, treating, dis-
persing, disposing or discharging of sewage, except as provided
in subsection 8, and all real and personal property of any
nature whatsoever used solely for the purpose of the collec-
tion and disposal of such sewage in the Regional Area by
any area municipality is vested in the Regional Corporation
on the 1st day of January, 1974, and no compensation or
damages shall be payable to any area municipality in respect
thereof.
(4) The Regional Council shall pay to the corporation of corporation
any area municipality before due date all amounts of principal liability
and interest becoming due upon any outstanding debt of such
area municipality in respect of the property assumed by the
Regional Corporation under the provisions of subsection 3,
but nothing in this subsection requires the Regional Cor-
poration to pay that portion of the amounts of principal and
interest that under The Local Improvement Act is payable R|-Oi970,
as the owners' share of the local improvement work.
(5) If the Regional Corporation fails to make any paymentoefauit
as required by subsection 4, the area municipality may charge
the Regional Corporation interest at the rate of 12 per cent
per annum thereon or such lower rate as the council of the
area municipality determines from such date until payment
is made.
(6) The Regional Corporation may by by-law provide for^P^^^^gi^i
imposing on and collecting from any area municipality, in
respect of the whole of such municipality or any designated
part thereof from which sewage is received, except as provided
for in subsection 8, a sewage rate sufficient to pay the whole,
or such portion as the by-law may specify, of the regional
expenditures for the maintenance, operation and debt service
of the regional sewage system, and if any area municipality
considers itself aggrieved by the imposition of any rate
under this section, it may appeal to the Municipal Board.
(7) With respect to any agreements entered into by any Agreements
municipality or local board thereof in the Regional Area
respecting the interception, collecting, settling, treating, dis-
persing, disposing or discharging of sewage, except as pro-
vided for in subsection 8, the Regional Corporation shall
stand in the place and stead of such municipality or local
board for all purposes of any such agreement.
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46
Land
drainage
(8) The Regional Corporation shall be responsible for
undertaking the land drainage system including storm sewers
with respect to regional roads and any surrounding lands
which naturally drain into such land drainage system and
may undertake a land drainage program including storm
sewers in any part of the Regional Area as the Regional
Corporation deems necessary, and the area municipalities
shall be responsible for all other land drainage systems, includ-
ing storm sewers, within their respective boundaries.
Assumption (9) Where the Regional Corporation undertakes a program
municipality provided for in subsection 8, the Regional Corporation may
systems assume all or any portion of the land drainage system, includ-
ing storm sewers, of an area municipality, without compensa-
tion, and the provisions of subsections 4 and 5 shall apply
thereto, mutatis mutandis.
Raising of
money by area
municipality
(10) An area municipality may,
(a) pay the amounts chargeable to it under subsection
6 out of its general funds; or
R.S.0. 1970,
0.284
(b) subject to the approval of the Municipal Board,
pass by-laws under section 362 of The Municipal
Act for imposing sewer rates to recover the whole or
any part of the amount chargeable to the area
municipality in the same manner as if the work were
being or had been constructed, extended or improved
by the area municipality, notwithstanding that in the
by-law authorizing the work there was no provision
for imposing, with the approval of the Municipal
Board, upon owners or occupants of land who derive
or will or may derive a benefit from the work a sewer
rate sufhcient to pay the whole or a portion or
percentage of the capital cost of the work; or
(c) include the whole or any part of an amount charge-
able to the area municipality as part of the cost of
an urban service for the collection and disposal of
sewage and land drainage chargeable within an urban
service area established in the area municipality
under any general or special Act.
PART IX
Finances
Interpre-
tation
R.S.0. 1970,
C.32
78. — (1) In this Part, "rateable property" includes business
and other assessment made under The Assessment Act.
138
47
(2) Every area municipality shall be deemed to be an area Area
municipality for all purposes of The Regional Municipal Grants deemed^
Act and every merged area shall be deemed to be a merged under
area for the purposes of section 9 of that Act. c.'4d5 '
(3) The Regional Corporation shall be deemed to be a ^^1!^°°*^^^^^
regional municipality for the purposes of The Regional Muni-^^^r^^^,
. r J r r o regional
cipal Grants Act, except that, municipality
(a) for the purposes of any payment under that Act
in the year 1974 to the Regional Corporation, the
population of each area municipality shall be deter-
mined in such manner as the Ministry considers
proper; and
(6) for the purposes of this Act, "net regional levy" in
The Regional Municipal Grants Act, means the amount
required for regional purposes, including the sums
required by law to be provided for any board, com-
mission or other body, but excluding school purposes,
apportioned to each area municipality by section 81
of this Act reduced by the amount credited to each
area municipality under section 3 of The Regional
Municipal Grants Act.
79. Section 312 of The Municipal Act applies ^utatis'^^^f^^^l'^^
mutandis to the Regional Corporation. immediately
" '^ required
R.S.0. 1970,
c. 284
Yearly Estimates and Levies
80. — (1) The Regional Council shall in each year prepare Jg^^^y^^^
and adopt estimates of all sums required during the year
for the purposes of the Regional Corporation, including the
sums required by law to be provided by the Regional Council
for any local board of the Regional Corporation, and such
estimates shall set forth the estimated revenues and expendi-
tures in such detail and according to such form as the
Ministry may from time to time prescribe.
(2) In preparing the estimates, the Regional Council shall ^i]jj°J^j^°^|
make due allowance for a surplus of any previous year that in estimates
will be available during the current year and shall provide for
any operating deficit of any previous year and for such
reserves within such limits as to type and amount as the
Ministry may approve.
(3) Section 43 of The Assessment Act and section 606 of Application
The Municipal Act apply mutatis mutandis to the Regional Rs.o. i97o,
^ . CC. oZ, <^o4
Corporation.
138
48
areamunici- ^^' — (^) ^^^ Regional Council in each year shall levy
paiities against the area municipalities a sum sufficient,
{a) for payment of the estimated current annual ex-
penditures as adopted; and
{b) for payment of all debts of the Regional Corporation
falling due within the year as well as amounts re-
quired to be raised for sinking funds and principal
and interest payments or sinking fund requirements
in respect of debenture debt of area municipalities
for the payment of which the Regional Corporation
is liable under this Act.
ment'^*'^°° (2) The Regional Council shall ascertain and by by-law
direct what portion of the sum mentioned in subsection 1
shall be levied against and in each area municipality.
Idem
(3) Subject to subsection 9, all amounts levied under sub-
section 1 shall be apportioned among the area municipalities
in the proportion that the whole rateable property in each
area municipality bears to the whole rateable property in the
Regional Area, according to the last revised assessment rolls.
Assessment
(4) The Ministry of Revenue shall revise and weight the
last revised assessment rolls of the area municipalities and,
for the purpose of subsection 3, the last revised assessment
rolls for the area municipalities as so revised and weighted
by the Ministry of Revenue shall be deemed to be the last
revised assessment rolls of the area municipalities.
Copy to (5) Upon completion by the Ministry of Revenue of the
Corporation revision and weighting of assessment, the Ministry of Revenue
and area P .
municipality shall notify the Regional Corporation and each of the area
municipalities of the revised and weighted assessment of each
area municipality.
Appeal (6) If any area municipality is not satisfied with the assess-
ment as revised and weighted by the Ministry of Revenue,
the area municipality may appeal from the decision of the
Ministry of Revenue by notice in writing to the Municipal
Board at any time within thirty days after the notice of the
revised and weighted assessment was sent to the area
municipality by the Ministry of Revenue.
Idem
(7) Every notice of revision and weighting made under
this section shall set out the time within which an appeal
may be made to the Municipal Board with respect to such
revision and weighting.
138
49
(8) Where the last revised assessment of the area munici- ^/^^°i^™®'^'^
pality has been revised and weighted by the Ministry of^he^re^^^
Revenue and has been appealed, the Regional Council shall following
forthwith after the decision of the Municipal Board on such
appeal, amend, if required, the by-law passed under sub-
section 2 so as to make the apportionments among the area
municipalities according to the assessments as revised by the
Municipal Board upon such appeal, and,
{a) where the moneys levied against an area munici-
pality are thereby increased, the treasurer of the
area municipality shall pay the amount of the in-
crease to the treasurer of the Regional Corporation;
and
{b) where the moneys levied against an area munici-
pality are thereby decreased, the treasurer of the
area municipality shall be liable to pay the treasurer
of the Regional Corporation only the reduced levy or,
if the original levy has been paid by the area
municipality, the treasurer of the Regional Corpora-
tion shall pay the amount of the decrease to the
treasurer of the area municipality.
(9) The apportionment of the levy among the area ^ixed^^^^^^
municipalities as provided for in subsections 2 and 3 shall etc., not
be based on the full value of all rateable property, and,
notwithstanding any general or special Act, no fixed assess-
ment other than a fixed assessment under section 31 of
The Assessment Act, or partial or total exemption from assess- ^-^-O- 1^™'
ment or taxation applies thereto, except as provided in
section 3 of The Assessment Act.
(10) The assessment upon which the levy shall be appor- Assessment
tioned among the area municipalities shall include the valuations
, . f 11 • r 1 • 1 • 1- on properties
valuations of all properties for which payments in lieu of for which
taxes which include a payment in respect of regional levies Rtu'of taxes
are paid by the Crown in right of Canada or any province ^^^
or any board, commission, corporation or other agency thereof
or The Hydro-Electric Power Commission of Ontario or
under subsection 6 of section 137 to any area municipality
and the amount by which the assessment of an area munici-
pality shall be deemed to be increased by virtue of payments r.s.o. 1970,
under section 304 and 304a of The Municipal A ct and section 4 igl? '^c. 78
of The Provincial Parks Municipal Tax Assistance Act, 7977, 1973,0...
and subsection 2 of section 3 of The Property Tax Stabilization
Act, 1973.
(11) Within fourteen days of a request by the Ministry va^«a«on^^
of Revenue, the clerk of an area municipality shall transmit
138
50
Levy
by-laws
Regional
levy
R.S.0. 1970,
C.32
Payment
Default
to the said Ministry a statement of the payments referred to
in subsection 10 and the said Ministry shall revise and weight
the valuations of these payments and shall notify the
Regional Corporation and the appropriate area municipality
of such valuations.
(12) One by-law or several by-laws for making the levies
may be passed as the Regional Council may consider ex-
pedient.
(13) Subject to subsections 4, 5 and 6 of section 47 of
The Assessment Act, in each area municipality the regional
levy shall be calculated and levied upon the whole rateable
property rateable for such purpose within such area munici-
pality according to the last revised assessment roll thereof.
(14) All moneys levied against an area municipality under
the authority of this section shall be deemed to be taxes and
are a debt of the area municipality to the Regional Corpora-
tion and the treasurer of every area municipality shall pay
the moneys so levied to the treasurer of the Regional Cor-
poration at the times and in the amounts specified by the
by-law of the Regional Council mentioned in subsection 2.
(15) If an area municipality fails to make any payment
as provided in the by-law, interest shall be added at the rate
of 12 per cent per annum or such lower rate as the Regional
Council determines, from the date payment is due until it
is made.
Assessment §2. — (1) The Ministry of Revenue shall revise and weight
areas each part of the last revised assessment roll of the area
municipalities that relates to a merged area and each such part
of the last revised assessment roll of each of the area munici-
palities as revised and weighted is final and binding.
Notice (2) Upon completion by the Ministry of Revenue of the
revision and weighting of assessment in an area municipality
under subsection 1, the Ministry of Revenue shall notify the
area municipality of the revised and weighted assessment.
Apportion- (3) Notwithstanding section 7 of The Regional Municipal
merged areas Grants Act, the net regional levy and the sums adopted in
cc. 405, 284,32 accordancc with section 307 of The Municipal Act for all
purposes, excluding school purposes, levied against the whole
rateable property of an area municipality shall be apportioned
among the merged areas of such area municipality in the pro-
portion that the total weighted assessment of each merged
area bears to the total weighted assessment of the area
municipality both according to the last revised assessment
roll as weighted by the Ministry of Revenue under subsection
138
51
1, and subsection 9 of section 35 of The Assessment Act shall not ^fo® i^"'"-
apply to any apportionment by an area municipality under
this subsection.
(4) The rates to be levied in each merged area shall beDetMj-_^^
determined in accordance with subsection 2 of section 7 of of rates
The Regional Municipal Grants Act. al)F'^^™'
83.— (1) Notwithstanding section 81, in the year 1974 theLevyby^
Regional Council may, before the adoption of the estimates council
for that year, levy against the area municipalities a sum not estimates
exceeding 25 per cent of the aggregate levies made by all * "^ ®
local municipalities within the Regional Area in the year
1973 for general municipal and county purposes, and any
amount so levied shall be apportioned among the area
municipalities in the same manner as levies made under sub-
section 1 of section 81, and subsections 14 and 15 of section
81 apply to such levy.
(2) Notwithstanding section 81, in 1975 and in subsequent ^•^^"^
years, the Regional Council may, before the adoption of
estimates for that year, levy against each of the area munici-
palities a sum not exceeding 50 per cent of the levy made
by the Regional Council in the preceding year against that
area municipality and subsections 14 and 15 of section 81
apply to such levy.
(3) The amount of any levy made under subsection 1 or 2^®^y"°<^^'"
shall be deducted from the amount of the levy made under to be
_. •' reduced
section 81.
(4) Notwithstanding section 82, the council of an area^^jy^'y
municipality may in any year before the adoption of the municipality
estimates for that year levy in each of the merged areas in estimates
the area municipality, on the whole of the assessment for real* °^ ^
property including business assessment in the merged area
according to the last revised assessment roll, a sum not
exceeding 50 per cent of that which would be produced by
applying to such assessment the total rate for all purposes
levied in the merged area in the preceding year on residential
real property of public school supporters.
(5) The amount of any levy under subsection 4 shall be^l^y^^^^''
deducted from the amount of the levy made under section 82. reduced
(6) Subsection 4 of section 303 of The Municipal /Ic/ Appucation
applies to levies made under this section. 1970, c. 284,
^^ s. 303 (4)
(7) The Ministry of Revenue for the purposes of a levy ^J^^^^^^^^y
under subsection 1 shall complete a preliminary assessment
138
52
based on the assessment of the local municipalities used for
taxation purposes in 1973, adjusted to reflect the boundaries
of the area municipalities established under section 2, revised
and weighted in accordance with subsections 4, 9 and 10 of
section 81, and such preliminary assessment shall be deemed
to be the revised and weighted assessment under subsection 5
of section 81.
Notice
Rates under
R.S.0. 1970,
c. 430
Rates for
public
school
purposes on
commercial
assessment
R.S.0. 1970,
c. 424
Rates for
public
school
purposes on
residential
assessment
(8) The Ministry of Revenue shall notify the Regional
Corporation and each area municipality of the preliminary
assessment, referred to in subsection 7, prior to the 31st day of
January, 1974.
84. — (1) For the purposes of levying taxes under The
Separate Schools Act, the merged areas of an area municipality
shall be deemed to be municipalities, and the council of the
area municipality shall be deemed to be the council of each
such merged area.
(2) The amount required to be levied and collected by an
area municipality for public school purposes on commercial
assessment determined as a result of the application of
section 78 of The Schools Administration Act shall be appor-
tioned among the merged areas in the ratio that the total
commercial assessment for public school purposes in each
merged area bears to the total commercial assessment for
public school purposes in the area municipality.
(3) The amount required to be levied and collected by an
area municipality for public school purposes on residential
assessment determined as a result of the application of section
78 of The Schools Administration Act shall be apportioned
among the merged areas in the ratio that the total residential
assessment for public school purposes in each merged area
bears to the total residential assessment for public school pur-
poses in the area municipality.
Rates for
secondary
school
purposes on
commercial
assessment
Rates for
secondary
school
purposes on
residential
assessment
(4) The amount required to be levied and collected by an
area municipality for secondary school purposes on commer-
cial assessment determined as a result of the application of
section 78 of The Schools Administration Act shall be appor-
tioned among the merged areas in the ratio that the total
commercial assessment for secondary school purposes in each
merged area bears to the total commercial assessment for
secondary school purposes in the area municipality.
(5) The amount required to be levied and collected by an
area municipality for secondary school purposes on residen-
tial assessment determined as a result of the application of
section 78 of The Schools Administration Act shall be
138
53
apportioned among the merged areas in the ratio that the
total residential assessment for secondary school purposes in
each merged area bears to the total residential assessment
for secondary school purposes in the area municipality.
(6) Notwithstanding subsections 2, 3, 4 and 5, where, in^^|^^^ions
any year, a regulation is in force under section 33 of r/f^i970,c425
to diDDlV
Secondary Schools and Boards of Education Act, the apportion-
ments referred to in the said subsections 2, 3, 4 and 5 shall
be made in accordance with such regulation.
Adjustments
85. The Minister may provide from time to time by order J^^jJ^gS^j^io^^gi
that, in the year or years and in the manner specified in the
order, the council of any area municipality shall levy, on
the whole of the assessment for real property and business
assessment according to the last revised assessment roll in any
specified merged area or areas, rates of taxation for general
purposes which are different from the rates which would
have been levied for such purposes but for the provisions of
this section.
86. — (1) For the purpose of subsection 2 of section 307 Allowances
of The Municipal Act, the surplus of the previous year for in estimates
of diI*6£L
which allowance is to be made or the operating deficit to be muni-
provided for in the estimates of the council of an areafA^mV^^
municipality for the year 1974 shall be the aggregate of the ^■f84^' ^^''°'
audited surpluses or operating deficits of each of the merged
areas of that area municipality.
(2) For the purpose of subsection 1, the audited surplus or^erged
operating deficit of a merged area that before the 1st day
of January, 1974, comprised the whole of a local munici-
pality shall be the audited surplus or operating deficit of such
local municipality at the 31st day of December, 1973.
(3) For the purpose of subsection 1, the audited surplus ^<^®™
or operating deficit of a merged area that before the 1st day
of January, 1974, comprised part of a local municipality shall
be an amount that is the same proportion of the audited
surplus or operating deficit of the local municipality that the
amount of the assessment of the merged area is of the total
amount of the assessment of the local municipality, both
according to the last revised assessment roll.
87. — (1) In this section, "surplus or operating deficit" ^°*^^tiojj
includes any reserves provided for under subsection 2 of
section 307 of The Municipal Act.
138
54
Surplus or
deficit at
(2) The audited surplus or operating deficit of a local
Decembersi, municipality at the 31st day of December, 1973 shall accrue
applied to to the credit of or become a charge on the assessment sup-
porting such surplus or operating deficit and shall be pro-
vided for by adjustment of the tax rate over a period not
exceeding five years from the 1st day of January, 1974.
supporting
assessment
Arbitration
Idem
88. — (1) The Minister may, on or before the 1st day of
September, 1973, appoint committees of arbitrators for the
purpose of determining initially the disposition, including
the physical possession of the assets and liabilities, including
reserve funds, of the Town of Mississauga, and the Township
of Chinguacousy.
(2) Each committee shall consist of the treasurers of the
municipalities concerned with the disposition of particular
assets and liabilities and reserve funds, or such other person
or persons as the Minister may appoint.
Provisional
deter-
mination
(3) Before the 31st day of December, 1973, the committees
shall, where appropriate, make provisional determinations of
the disposition of the known assets, liabilities and reserve
funds, and these dispositions shall become operative from the
1st day of January, 1974.
Final
deter-
mination
(4) As soon as possible thereafter, the committees where
appropriate, shall make final determinations of the disposi-
tion of assets, liabilities and reserve funds as at the 31st day
of December, 1973, together with determinations of any
financial adjustments which may be necessary.
Idem
R.S.0. 1970,
c. 284
Idem
(5) The final determination made under subsection 4 shall
be forwarded forthwith to the area municipalities concerned
and to the Municipal Board and unless the council of any
such area municipality notifies the Municipal Board in writing
within thirty days of the mailing of such determination to
the area municipality that it objects to the determination,
such determination shall, for the purposes of clause a of sub-
section 11 of section 14 of The Municipal Act, be deemed
to be agreed upon by such area municipalities.
(6) The final determination of a disposition or an adjust-
ment under this section shall set out the time within which
an appeal may be made to the Municipal Board with respect
to such determination.
Documents
and records
(7) All documents and records kept by the clerk or
treasurer or other officer of each divided municipality shall
be transferred to the clerk or treasurer or other officer, as
th{; case may be, of the area municipality designated by the
138
55
appropriate committee established under subsection 1, and
such documents and records shall be made available to any
official of any area municipality to which any other portion
of the divided municipality is transferred, during the normal
office hours of the area municipality to which they are
transferred.
(8) Notwithstanding the provisions of sections 80, 87 andP^r^o^j^f^^.
this section, the Minister may by order prescribe the period
over which any adjustments and settlements made there-
under are to be made.
Reserve Funds
89. — (1) Reserve funds established by local municipalitiesj/^®^^fu°<is
for purposes for which the Regional Council has authority tocipaiities
spend funds and for which the council of an area municipality
has no authority to spend funds are reserve funds of the
Regional Corporation and the assets of such reserve funds
are vested in the Regional Corporation.
(2) Reserve funds established by local municipalities, other^®™
than divided municipalities, for purposes for which the coun-
cils of area municipalities have authority to spend funds and
for which the Regional Council has no authority to spend
funds are reserve funds of the area municipality of which the
local municipality forms a part and the assets of such reserve
funds are vested in such area municipality.
00. — (1) The Regional Council may in each year, if^^jflg^®
authorized by a two-thirds vote of the members present at a^stabiish-
meeting of the Regional Council, provide in the estimates for
the establishment or maintenance of a reserve fund for any
purpose for which it has authority to spend funds.
(2) The moneys raised for a reserve fund established under J^J®^t-
subsection 1 shall be paid into a special account and may and income
be invested in such securities as a trustee may invest in under
The Trustee Act, and the earnings derived from the invest- ^s^oi^'^o,
ment of such moneys form part of the reserve fund.
(3) The moneys raised for a reserve fund established under ^p^^'^'^^ii''®
^ ' . 4 1,, of reserve
subsection 1 shall not be expended, pledged or applied to any fund
purpose other than that for which the fund was established
without the approval of the Ministry.
(4) The auditor in his annual report shall report on the Auditor to
" rGDort
activities and position of each reserve fund established under on reserve
V .• 4 funds
subsection 1.
138
56
Temporary Loans
borrowin s ^^' — (^) Section 332 of The Municipal Act applies mutatis
R.s.o. 1970, mutandis to the Regional Council.
c. 284 °
Idem
(2) In 1974, for the purposes of subsection 4 of section 332
of The Municipal Act, the amount that may be borrowed at
any one time prior to the adoption of the estimates for that
year shall be such amount as may be approved by the
Minister.
Debt
R^so 1970 ^^* — (^) Subject to the limitations and restrictions in this
c.'323' ' Act and The Ontario Municipal Board Act, the Regional
Council may borrow money for the purposes of,
{a) the Regional Corporation;
(b) any area municipality;
Liability
Limitation
(c) the joint purposes of any two or more area
municipalities,
whether under this or any general or special Act, and may
issue debentures therefor on the credit of the Regional
Corporation.
(2) All debentures issued pursuant to a by-law passed by
the Regional Council under the authority of this Act are
direct, joint and several obligations of the Regional Corpora-
tion and the area municipalities notwithstanding the fact
that the whole or any portion of the rates imposed for the
payment thereof may have been levied only against one or
more of the area municipalities, but nothing in this sub-
section affects the rights of the Regional Corporation and of the
area municipalities respectively as among themselves.
(3) Notwithstanding any general or special Act, no area
municipality has, after the 31st day of December, 1973, power
to issue debentures.
Uncompleted (4) When an area municipality, on or before the 31st day
of December, 1973,
(a) has applied for and obtained the final approval of
the Municipal Board in respect of any work, project
or other matter mentioned in subsection 1 of section
64 of The Ontario Municipal Board Act; and
138
57
{b) has entered into a contract for or authorized the
commencement of such work, project or matter
but has not prior to that date issued the debentures
authorized,
the Regional Council, upon the request of the council of the
area municipality, shall pass a by-law authorizing the issue
and sale of debentures of the Regional Corporation for the
purposes and in the amount approved by the Municipal
Board and shall, if required by the area municipality, issue
such debentures and provide temporary financing for the area
municipality in the manner provided in section 95 and no
further approval of the Municipal Board is required.
(5) Bonds, debentures and other evidences of indebtedness f g^en^^^res
of the Regional Corporation shall be deemed to be bonds, etc., trustee
debentures and other evidences of indebtedness of a municipal
corporation for the purposes of The Trustee Act. ^'fjo'^^'^^'
93. Subject to the limitations and restrictions of this Act fjJ'J^^'^^^g"^^ ^j.
and The Ontario Municipal Board Act, the Regional Corpora- ^s^su^e^^^j.^^
tion may by by-law incur a debt or issue debentures for the r.s.o. i970,
purposes set forth in subsection 1 of section 92 and, not-^-^^^
withstanding any general or special Act, such by-law may be
passed without the assent of the electors of the Regional Area.
94. — (1) Where, under any general or special Act, an areaWem
municipality cannot incur a debt or issue debentures for a
particular purpose without the assent of its electors or without
the concurrence of a specified number of the members of its
council, the Regional Council shall not pass a by-law author-
izing the issue of debentures on behalf of such area munici-
pality for such purpose unless such assent or concurrence
to the passing of the by-law by the Regional Council has
been obtained.
(2) Nothing in subsection 1 requires the assent of any Proviso
electors where such assent has been dispensed with under
section 63 of The Ontario Municipal Board Act.
95. — (1) Where the Municipal Board has authorized the Jorrowmg
borrowing of money and the issue of debentures by the issue and
Regional Corporation for its purposes, the Regional Council debentures
pending the issue and sale of the debentures may agree with
a bank or person for temporary advances from time to
time to meet expenditures incurred for the purpose author-
ized, and may by by-law pending the sale of such debentures
or in lieu of selling them authorize the chairman and trea-
surer to raise money by way of loan on the debentures and
to hypothecate them for the loan.
138
58
Idem
(2) When the Municipal Board has authorized the borrow-
ing of money and the issue of debentures by the Regional
Corporation for the purposes of an area municipality, the
Regional Council or the council of the area municipality,
pending the issue and sale of the debentures may, and the
Regional Council on the request of the area municipality shall,
agree with a bank or person for temporary advances from
time to time to meet expenditures incurred for the purposes
authorized, and the Regional Council may, or on the request
of the area municipality shall, pending the sale of such deben-
tures or in lieu of selhng them, authorize the chairman and
treasurer to raise money by way of loan on the debentures
and to hypothecate them for the loan, and shall transfer the
proceeds of such advance or loan to the area municipality.
Interest on (3) The Regional Corporation may charge interest on any
transferred procccds of an advaucc or loan transferred under subsection
2 at a rate sufficient to reimburse it for the cost of such
advance or loan.
of'^roceedT ('^) ^^^ procccds of every advance or loan under this section
of loan shall be applied to the purposes for which the debentures were
authorized, but the lender shall not be bound to see to the
application of the proceeds and, if the debentures are subse-
quently sold, the proceeds of the sale shall be applied first in
repayment of the loan and, where the debentures were issued
for the purposes of an area municipality, the balance, subject
to section 107, shall be transferred to the area municipality.
(5) Subject to subsection 4, the redemption of a debenture
Hypothe-
cation
subsequent hypothecated does not prevent the subsequent sale thereof.
debentures
Principal
and interest
payments
96. — (1) Subject to subsection 2, a money by-law for the
issuing of debentures shall provide that the principal shall
be repaid in annual instalments with interest annually or
semi-annually upon the balances from time to time remaining
unpaid, but the by-law may provide for annual instalments
of combined principal and interest.
Sinking
fund
debentures
(2) A money by-law for the issuing of debentures may
provide that the principal shall be repaid at a fixed date with
interest payable annually or semi-annually, in which case
debentures issued under the by-law shall be known as sink-
ing fund debentures.
When (3) Notwithstanding any general or special Act, the whole
to be" "^^^ debt and the debentures to be issued therefor shall be made
payable payable within such term of years as the Municipal Board
may approve.
138
59
(4) The by-law may provide for raising in each year, by Sp^c^^i^^^^^.
special levy or levies against one or more area municipalities, areamuni-
the whole or specified portions of the sums of principal and
interest payable under the by-law in such year, and each
area municipality shall pay to the Regional Corporation such
sums at the times and in the amounts specified in the by-law.
(5) The by-law shall provide for raising in each year, by ap^°®''*i
special levy on all the area municipalities, the sums of
principal and interest payable under the by-law in such
year to the extent that such sums have not been provided
for by any special levy or levies against any area municipality
or municipalities made especially liable therefor by the by-law.
(6) Any special levy against an area municipality imposed ^^J^^^y^^j
by the by-law under the authority of subsection 4 may becipaiities
levied by the area municipality against persons or property
in the same manner and subject to the same limitations as if
it were passing a by-law authorizing the issue of debentures
of the area municipality for the same purpose for the portion
of the debt levied against it under subsection 4.
(7) Notwithstanding subsection 5, the Regional Council i^l,*^^^™®^^
may by by-law,
debentures
and
debentures
to refund
{a) authorize the borrowing of money by the issue of debentures
instalment debentures, the last instalment of which *' "^^^^"^^
shall mature not earlier than ten years after the
date upon which they are issued, and a specified
sum of principal payable thereunder in the final
year shall be raised by the issue of refunding
debentures as provided in clause b, and it shall not
be necessary to raise by special rate in the year
of maturity of the debentures to be refunded an
amount equal to the specified principal amount
of the debentures which are being refunded; and
{b) authorize the issue of debentures to refund at
maturity outstanding debentures of the munici-
pality, provided that the refunding debentures shall
be payable within the maximum period of years that
was approved by the order /)f the Municipal Board
for the repayment of debentures issued for the
debt for which the outstanding debentures were
issued, commencing on the date of the debentures
originally issued for such debt,
and any such by-law shall provide that the sums of principal
and interest payable under the by-law shall be raised by
a special levy or levies against such area municipality or
138
60
municipalities as may be specified in the by-law and such
levy shall be levied against the same area municipality or
municipalities in each case.
Levy
(8) Any special levy against an area municipality imposed
by the by-law under the authority of subsection 7 may be
levied by the area municipality against persons or property
in the same manner and subject to the same limitations as
if it were passing a by-law authorizing the issue of debentures
of the area municipality for the same purpose for the portion
of the debt levied against it under subsection 7, and any
levy imposed by a by-law under clause b of subsection 7 shall
be levied by the area municipality against the same persons
or property as the levy imposed by the related by-law under
clause a of subsection 7 was levied.
Levies
a debt
By-law to
change
mode of
issuing
debentures
(9) All levies imposed by the by-law against an area
municipality are a debt of the area municipality to the
Regional Corporation.
(10) The Regional Council may by by-law authorize a
change in the mode of issue of the debentures and may
provide that the debentures be issued with coupons instead
of in amounts of combined principal and interest or vice
versa, and where any debentures issued under the by-law
have been sold, pledged or hypothecated by the Regional
Council upon again acquiring them or at the request of any
holder of them, may cancel them and issue one or more
debentures in substitution for them, and make such new
debenture or debentures payable by the same or a different
mode on the instalment plan, but no change shall be made
in the amount payable in each year.
Debentures,
when to be
dated and
issued
(11) All the debentures shall be issued at one time and
within two years after the passing of the by-laws unless, on
account of the proposed expenditure for which the by-law
provides being estimated or intended to extend over a number
of years and of its being undesirable to have large portions
of the money in hand unused and uninvested, in the opinion
of the Regional Council it would not be of advantage to so
issue them, and in that case the by-law may provide that the
debentures may be issiled in sets of such amounts and at
such times as the circumstances require, but so that the first
of the sets shall be issued within two years, and all of
them within five years, after the passing of the by-law.
Date of
debentures
(12) All the debentures shall bear the same date, except
where they are issued in sets, in which case every debenture
of the same set shall bear the same date.
138
61
(13) Notwithstanding the provisions of the by-law, the idem
debentures may bear date at any time within the period of
two years or five years, as the case may be, mentioned in
subsection 11 and the debentures may bear date before the
date the by-law is passed if the by-law provides for the first
levy being made in the year in which the debentures are
dated or in the next succeeding year.
(14) The Municipal Board, on the application of the^^^?^|i°"
Regional Council, the council of any area municipality or for issue
any person entitled to any of the debentures or of the
proceeds of the sale thereof, may at any time extend the time
for issuing the debentures beyond the two years, or the time
for the issue of any set beyond the time authorized by the
by-law.
(15) The extension may be made although the application ^jPpJ.*^?^^°°
is not made until after the expiration of the two years or of expired
the time provided for the issue of the set.
(16) Unless the by-law names a later day when it is to l^^^^^*'^^®
take effect, it takes effect on the day of its passing.
(17) Notwithstanding any general or special Act, the^on-
Regional Council may borrow sums for two or more purposes
in one debenture by-law and provide for the issue of one
series of debentures therefor.
Con-
solidating
(18) Section 290 of The Municipal Act applies ww/«/z5 debenture
mutandis to the Regional Corporation. r.s.o. i97o,
(19) The by-law may provide that all the debentures or a^e^de^mp^o"
portion thereof shall be redeemable at the option of the maturity
Regional Corporation on any date prior to maturity, subject
to the following provisions:
1. The by-law and every debenture that is so redeemable
shall specify the place or places of payment and the
amount at which such debenture may be so redeemed.
2. The principal of every debenture that is so redeem-
able becomes due and payable on the date set for
the redemption thereof, and from and after such
date interest ceases to accrue thereon where provi-
sion is duly made for the payment of principal
thereof, the interest to the date set for redemption
and any premium payable on redemption.
3. Notice of intention so to redeem shall be sent by
prepaid mail at least thirty days prior to the date
138
62
set for such redemption to the person in whose name
the debenture is registered at the address shown in
the Debenture Registry Book.
4. At least thirty days prior to the date set for such
redemption, notice of intention so to redeem shall
be published in The Ontario Gazette and in a daily
newspaper of general circulation in the Regional
Area and in such other manner as the by-law may
provide.
5. Where only a portion of the debentures issued under
the by-law is so to be redeemed, such portion shall
comprise only the debentures that have the latest
maturity dates and no debentures issued under the
by-law shall be called for such redemption in priority
to any debentures that have a later maturity date.
6. Where a debenture is redeemed on a date prior to
maturity, such redemption does not affect the
validity of any by-law by which special assessments
are imposed or instalments thereof levied, the
validity of such special assessments or levies, or the
powers of the Regional Council to continue to levy
and collect from any area municipality the sub-
sequent payments of principal and interest payable
by it to the Regional Council in respect of the
debenture so redeemed.
Currency ^20) The by-law may provide that the debentures to be
issued thereunder shall be expressed and be payable,
(a) in lawful money of Canada and payable in Canada;
or
(6) in lawful money of the United States of America
and payable in the United States of America; or
(c) in lawful money of Great Britain and payable in
Great Britain; or
{d) subject to the prior approval of the Lieutenant
Governor in Council, in a currency other than that
of Canada, the United States of America or Great
Britain.
^a^tes** (21) Where under the provisions of the by-law debentures
issued thereunder are expressed and made payable in lawful
money of the United States of America or of Great Britain,
or in any currency other than that of Canada, the Regional
138
63
Council may in such by-law or in any amending by-law in
lieu of providing for the raising in each year during the
currency of the debentures specific sums sufficient to pay
interest thereon or instalments of principal falling due in
such year, provide that there shall be raised such yearly
amount as may be necessary for such purposes and as the
requirements for such purposes may from year to year vary.
(22) When sinking fund debentures are issued, the amount pincipai
of principal to be raised in each year shall be a specific sum
which, with the estimated interest at a rate not exceeding
5 per cent per annum, capitalized yearly, will be sufficient to
pay the principal of the debentures or any set of them, when
and as it becomes due.
(23) When sinking fund debentures are issued, the sinking ^0°-^^^^
fund committee shall keep one or more consolidated bank bank
... '■ accounts
accounts m which,
{a) the treasurer of the Regional Corporation shall deposit
each year during the term of the debentures the
moneys raised for the sinking fund of all debts that
are to be paid by means of sinking funds; and
{b) there shall be deposited all earnings derived from,
and all proceeds of the sale, redemption or payment of,
sinking fund investments.
(24) When sinking fund debentures are issued there shall befj^|^^^
a sinking fund committee that shall be composed of the committee
treasurer of the Regional Corporation and two members
appointed by the Regional Council, and the two appointed
members may be paid, out of the current fund of the Regional
Corporation, such annual remuneration as the Regional
Council determines.
(25) The Regional Council may appoint an alternate mem-^'^^^^r^g^'g®
ber for each of the appointed members and any such alternate
member has all the powers and duties of the member in the
absence or inability to act of such member.
(26) The treasurer of the Regional Corporation shall be^^^i^^^Q
the chairman and treasurer of the sinking fund committee and
in his absence the appointed members may appoint one of
themselves as acting chairman and treasurer.
(27) Each member of the sinking fund committee shall, Security
before entering into the duties of his office, give security
for the faithful performance of his duties and for duly account-
ing for and paying over all moneys that come into his hands,
138
64
in such amount as the auditor of the Regional Corporation
shall determine, and in other respects the provisions of sec-
^•|g^. 1970, ^ion 233 of The Municipal Act apply with respect to such
security.
Quorum (28) Two members of the sinking fund committee are a
quorum, and all investments and disposals of investments
must be approved by a majority of all the members of the
committee.
Control of (29) All assets of the sinking funds, including all con-
fund assets solidated bank accounts, shall be under the sole control and
management of the sinking fund committee.
With-
drawals
from bank
accounts
(30) All withdrawals from the consolidated bank accounts
shall be authorized by the sinking fund committee, and all
cheques on the consolidated bank accounts shall be signed
by the chairman or acting chairman and one other member
of the sinking fund committee.
Invest-
ments
(31) The sinking fund committee shall invest any moneys
on deposit from time to time in the consolidated bank accounts
and may at any time or times vary any investments.
Idem
(32) The moneys in the consolidated bank accounts shall
be invested in one or more of the following forms,
(fl)^in securities in which a trustee may invest under
R.sp.i970, The Trustee Act;
0. 470 '
{b) in debentures of the Regional Corporation;
(c) in temporary advances to the Regional Corporation
pending the issue and sale of any debentures of the
Regional Corporation;
{d) in temporary loans to the Regional Corporation for
current expenditures, but no loan for such purpose
shall be made for a period ending after the end of
the calendar year in which the loan is made.
Deposit of (33) Any securities acquired by the sinking fund committee
securities ^ . ' -^ r • ^ ii -j
with as mvestments for sinking fund purposes may be deposited
of Ontario with the Treasurer of Ontario.
Release of
securities
(34) The Treasurer of Ontario shall release, deliver or other-
by Treasurer wisc dispose of any security deposited with him under sub-
section 33 only upon the direction in writing of the sinking
fund committee.
138
65
(35) All sinkine fund debentures issued on the same date sinking
11-1 • fund
payable in the same currency, and maturing on the same accounts
date, notwithstanding they are issued under one or more
by-laws, shall be deemed one debt and be represented by one
sinking fund account.
(36) That portion of the amount of all earnings in any year, ^r^™|.e|^
on an accrual basis, from sinking fund investments obtained to sinking
° fund
by, accounts
(a) multiplying the amount of all such earnings by the
amount of the capitalized interest for that year under
subsection 22 with respect to the principal raised up
to and including such year for all sinking fund
debentures represented by any sinking fund account ;
and
{b) dividing the product obtained under clause a by the
amount of all capitalized interest for that year under
subsection 22 with respect to all principal raised up
to and including such year for all outstanding sinking
fund debentures,
shall be credited to the sinking fund account mentioned in
clause a.
(37) The treasurer of the Regional Corporation shall pre-Si^|i°^
pare and lay before the Regional Council in each year, before require-
the annual regional levies are made, a statement showing
the sums that the Regional Council will be required, by by-law,
to raise for sinking funds in that year.
(38) If the treasurer of the Regional Corporation contravenes offence
subsection 23 or 37, he is guilty of an offence and on summary
conviction is liable to a fine of not more than $250.
(39) If the Regional Council neglects in any year to levy Lg^y ''^ *°
the amount required to be raised for a sinking fund, each
member of the Regional Council is disqualified from holding
any municipal office for two years, unless he shows that he
made reasonable efforts to procure the levying of such amount.
(40) Notwithstanding this or any other Act or by-law, if^o^ntin
it appears at any time that the amount at the credit of any sinking
sinking fund account will be more than sufficient, with the account
estimated earnings to be credited thereto under subsection Efficient
36 together with the levy required to be made by the by-law ^ebf^
or by-laws that authorized the issue of the debentures repre-
sented by such sinking fund account, to pay the principal of
138
66
the debt represented by such sinking fund account when it
matures, the Municipal Board, on the appHcation of the sink-
ing fund committee, the Regional Council or the council of
an area municipality, may authorize the Regional Council or
the council of an area municipality to reduce the amount of
money to be raised with respect to such debt in accordance
with the order of the Municipal Board.
ofsfnk1rf^°° (^^^ ^° money collected for the purpose of a sinking fund
funds shall be applied towards paying any part of the current or
other expenditure of the Regional Corporation or otherwise
than is provided in this section.
Surplus (42) When there is a surplus in a sinking fund account, the
sinking fund committee shall,
{a) use the surplus to increase the amount at the credit
of another sinking fund account ; or
(b) authorize the withdrawal of the surplus from the
consolidated bank accounts, and the surplus shall be
used for one or more of the following purposes,
(i) to retire unmatured debentures of the Regional
Corporation or of an area municipality,
(ii) to reduce the next annual levy on account of
principal and interest payable with respect
to debentures of the Regional Corporation or
of an area municipality,
(iii) to reduce the amount of debentures to be
issued for other capital expenditures for which
the issue of debentures has been approved by
the Municipal Board,
and the surplus shall be used under either clause a or b for
the purposes of the Regional Corporation or an area munici-
pality in the proportion that the amount of the contribution
for the purposes of each bears to the total contributions to
the sinking fund account in connection with which the surplus
arose.
Deficit (43) Notwithstanding that any sinking fund debentures
surplus have been issued for the purposes of one or more area muni-
cipalities, any deficit in the sinking fund account shall be
provided by the Regional Corporation out of its current
funds and any surplus in the sinking fund account shall be
used as provided in subsection 42.
138
67
(44) A money by-law may authorize the issue of debentures J|^™^.
of which a portion shall be payable on a fixed date with
interest payable annually or semi-annually, in which case
such debentures shall be known as term debentures.
(45) In respect of the term debentures, the by-law shall ^niou^nt^s to
provide for raising, annually
(a) in each year of the currency of the term debentures
a sum sufficient to pay the interest on the term
debentures; and
(b) in each year of the currency of the term debentures
in which no other debentures issued under the same
by-law become due and payable, a specific amount to
form a retirement fund for the term debentures
which, with interest at a rate not to exceed 5 per
cent per annum compounded yearly, will be suffi-
cient to pay the principal of the term debentures
at maturity.
(46) The retirement fund for the term debentures shall be ^®j|^^rement
administered by the sinking fund committee in all respects
in the same manner as a sinking fund established under this
section, and the provisions of subsections 25 to 41 of this
section with respect to a sinking fund shall apply mutatis
mutandis to such retirement fund.
97. — (1) If the Municipal Board is of the opinion that the when^r^ate
current rate of interest so differs from the rate of interest may be
payable on any debentures that remain unsold or undisposed
of that the sale or disposal thereof may substantially decrease
or increase the amount required to be provided under the
by-law under which such debentures were issued, the Munici-
pal Board may authorize the Regional Council to pass a
by-law to amend such by-law so as to provide for,
{a) a different rate of interest;
(b) a change in the amount to be raised annually and,
if necessary, in the special levies ;
(c) such other changes in such by-law or any other by-
law as to the Municipal Board may seem necessary
to give effect thereto ;
(d) the issue of new debentures to bear interest at the
amended rate in substitution and exchange for such
first-mentioned debentures; and
138
68
(e) the cancellation of such first-mentioned debentures
upon the issue of such new debentures in substitu-
tion and exchange therefor.
(2) For the purposes of this section, the hypothecation of
debentures under section 95 shall not constitute a sale or other
Hypothe-
cation
not a sale
under this
section disposal thereof
soiidation (^) ^^^ Regional Council may by one by-law authorized
of^ , under subsection 1 amend two or more by-laws and provide
for the issue of one series of new debentures in substitution
and exchange for the debentures issued thereunder.
Special
assessment
and levies
(4) A by-law passed under this section does not affect the
validity of any by-law by which special assessments are
imposed or instalments thereof levied, the validity of such
special assessments or levies, or the powers of the Regional
Council to continue to levy and collect from any area muni-
cipality the subsequent payments of principal and interest
payable by it to the Regional Council.
Repeal of gg^ — (J) Where part only of a sum of money provided for
part only by a by-law has been raised, the Regional Council may repeal
tobe'rSsed the by-la w as to any part of the residue, and as a pro-
portionate part of the amounts to be raised annually.
When to
take
effect
(2) The repealing by-law shall recite the facts on which
it is founded, shall provide that it shall take effect on the
31st day of December in the year of its passing, shall not affect
any rates or levies due or penalties incurred before that day
and shall not take effect until approved by the Municipal
Board.
Until debt
paid certain
by-laws
cannot
be repealed
Application
of payments
99. — (1) Subject to section 98, after a debt has been con-
tracted under a by-law, the Regional Council shall not, until
the debt and interest have been paid, repeal the by-law or
any by-law appropriating, for the payment of the debt or the
interest, the surplus income from any work or any interest
therein, or money from any other source, and shall not alter
any such by-law so as to diminish the amount to be raised
annually, and shall not apply to any other purpose any money
of the Regional Corporation that has been directed to be
applied to such payment.
(2) When the Regional Corporation, by or under the authority
of this Act, pays to an area municipality any amount of
principal and interest becoming due upon any outstanding
debentures issued by the area municipality, neither the council
of the area municipality nor any officer thereof shall apply
138
69
any of the moneys so paid for any purpose other than the
payment of the amounts of principal and interest so becoming
due.
lOO. Any oflfiicer of the Regional Corporation whose dutyOff||'^^|f°r
it is to carry into effect any of the provisions of a money officer
by-law of the Regional Corporation, who neglects or refuses out by-iaw
to do so, under colour of a by-law illegally attempting to
repeal or amend it, so as to diminish the amount to be raised
annually under it, is guilty of an offence and on summary
conviction is liable to a fine of not more than $100.
101. — (1) Within four weeks after the passing of a money ^^^^^g j^
by-law, the clerk may register a duplicate original or a copy ^^ registered
of it, certified under his hand and the seal of the Regional
Corporation, in the appropriate land registry office.
(2) Subject to section 61 of The Ontario Municipal 5oar<^ Application
Act, every by-law registered in accordance with subsection 1, registered
or before the sale or other disposition of the debentures issued to be made
under it, and the debentures are valid and binding, according
to the terms thereof, and the by-law shall not be quashed,
unless within one month after the registration in the case of
by-laws passed under The Drainage Act, or The Local Improve- ^f"^^^^'
ment Act, and in the case of other by-laws, within three 255
months after the registration, an application or action to
quash the by-law is made to or brought in a court of competent
jurisdiction, and a certificate under the hand of the proper
officer of the court and its seal, stating that such application
has been made or action brought, is registered in such registry
office within such period of three months or one month, as
the case may be.
(3) After the expiration of the period prescribed by sub- ^^^l^^^'^
section 2, if no application or action to quash the by-law be valid
^ * ^ •' and binding
is made or brought, the by-law is valid and binding according
to its terms.
(4) If an application or action to quash the by-law is made Q^^^^^l^^
or brought within the period prescribed by subsection 2, but^y-iaw
part only of the by-law is sought to be quashed, the remainder
of it, if no application or action to quash it is made or brought
within that period, is after the expiration of that period,
valid and binding according to its terms.
(5) If the apphcation or action is dismissed in whole or inO^ismissai
part, a certificate of the dismissal may be registered, and application
after such dismissal and the expiration of the period pre-
scribed by subsection 2, if it has not already expired, the
by-law, or so much of it as is not quashed, is valid and
binding according to its terms.
138
70
Illegal (6) Nothing in this section makes vahd a by-law passed
validated without the assent of the electors of an area municipality as
required by subsection 2 of section 94 or a by-law where it
appears on the face of it that any of the provisions of subsection
5 of section 96 have not been substantially complied with.
Failure (7) Failure to register a by-law as prescribed by this sec-
tion does not invalidate it.
Debentures, 102. — (1) A debenture or other like instrument shall be
and executed sealed with the seal of the Regional Corporation, which seal
may be engraved, lithographed, printed or otherwise me-
chanically reproduced thereon, and, subject to subsection 3,
shall be signed by the chairman, or by some other person
authorized by by-law of the Regional Corporation to sign it,
and by the treasurer.
Interest (2) A debenture may have attached to it interest coupons
that shall be signed by the treasurer and his signature may
be engraved, lithographed, printed or otherwise mechanically
reproduced thereon and such interest coupons are sufficiently
signed if they bear the signature of the treasurer on the date the
Regional Council authorized the execution of the debenture
or on the date the debenture bears or at the time the deben-
ture was issued and delivered.
Mechanical (3) The signature of the chairman, or such other person
r|pro uc ion ^^^j^Qj-j^gd by by-law to sigu the debentures or other like
instruments, may be engraved, hthographed, printed or other-
wise mechanically reproduced thereon, and if the debenture
or other hke instruments are countersigned in writing by a
person authorized by by-law of the Regional Corporation
to countersign, the signature of the treasurer may be engraved,
lithographed, printed or otherwise mechanically reproduced
thereon.
m^chardcai ('^) ^^^ ^^^^ °^ ^^^ Regional Corporation when so engraved,
reproduction lithographed, printed or otherwise mechanically reproduced has
the same force and effect as if manually affixed and the signature
of the chairman or such other person authorized by by-law
to sign the debentures or other like instruments and, if the
debentures or other like instruments are countersigned, the
signature of the treasurer when so engraved, lithographed,
printed or otherwise mechanically reproduced shall be deemed
the signature of the chairman or other person so authorized
to sign or of the treasurer, as the case may be, and is binding
upon the Regional Corporation.
Sufficiency (5) Any debenture or other like instrument is sufficiently
signatures signed and countersigned if it bears the signature of the
138
signatures
71
persons provided in this section if such persons had authority
to sign and countersign as provided in this section either
on the date the Regional Council authorized the execution
of such instrument or on the date such instrument bears or
at the time it was issued and delivered.
103. Where the interest for one year or more on the Debentures
11 • • 1 r °° which
debentures issued under a by-law and the principal of any payment has
debenture that has matured has been paid by the Regional for one year
Corporation, the by-law and the debentures issued under it
are valid and binding upon the Regional Corporation.
104. — (1) Where a debenture contains or has endorsed upon ^ansfer
it provision to the following effect : Prescribed
This debenture, or any interest therein, is not, after a certificate
of ownership has been endorsed thereon by the treasurer of this
Corporation (or by such other person authorized by by-law of
this Corporation to endorse such certificate of ownership), transfer-
able except by entry by the treasurer (or by such other person so
authorized) in the Debenture Registry Book of the Corporation at
the
of.
the treasurer (or such other persons so authorized), on the
application of the owner of the debenture or of any interest in
it, shall endorse upon the debenture a certificate of ownership
and shall enter in a book to be called the Debenture Registry
Book, a copy of the certificate and of every certificate that
is subsequently given, and shall also enter in such book a
memorandum of every transfer of such debenture.
(2) A certificate of ownership shall not be endorsed on a ^e*5[j'ts''|s to
debenture except by the written authority of the person last ®°^^°j^^^j°^g
entered as the owner of it, or of his executors or administrators, of
ownership
or of his or their attorney, and, if the person last entered as
owner of it is a corporation, the wrijtten authority of such
corporation, or its successors, which authority shall be re-
tained and filed by the treasurer.
, (3) After a certificate of ownership has been endorsed, the transfer by
debenture, if it contains or has endorsed upon it a provision Debenture
to the like effect of the provision contained in subsection 1 , Book
is transferable only by entry by the treasurer (or by such
other person so authorized) in the Debenture Registry Book
as and when a transfer of the debenture is authorized by the
then owner of it or his executors or administrators or his
or their attorney and, if the then owner of it is a corporation,
the written authority of such corporation, or its successors.
138
72
oflebe^nture ('^^ ^ debenture may be registered as to both principal
as to principal and interest, in which case the interest thereon shall be paid
and interest r
by cheque and the debenture may be referred to as a fully
registered debenture. ^Pl
Replacement
of lost
debentures
105. Where a debenture is defaced, lost or destroyed, the
Regional Council may by by-law provide for the replacing
of the debenture on the payment of such fee and on such
terms as to evidence and indemnity as the by-law may
provide.
Exchange
of
debentures
106. — (1) On request of the holder of any debenture issued
by the Regional Corporation, the treasurer of the Regional
Corporation may issue and deliver to such holder a new
debenture or new debentures in exchange therefor for the
same aggregate principal amount.
ofsinkml* (^) ^" ^^^ request of the sinking fund committee, the
committee treasurer of the Regional Corporation may, as provided in
this section, exchange debentures heretofore or hereafter
issued by the Regional Corporation.
New (3) Any new debenture mentioned in subsection 1 may be
debenture \ ' :r . . , , . , • ,i i
of same force registered as to principal and interest but m all other respects
debenture shall be of the same force and effect as the debenture or deben-
surrendered , j j x u
tures surrendered for exchange.
Debentures
surrendered
for exchange
to be
cancelled
Application
of proceeds
of
debentures
(4) The treasurer and auditor of the Regional Corporation
shall cancel and destroy all debentures surrendered for exchange
and shall certify in the Debenture Registry Book that they
have been cancelled and destroyed and shall also enter in the
Debenture Registry Book particulars of any new debenture
issued in exchange.
107. — (1) The moneys received by the Regional Corpora-
tion from the sale or hypothecation of any debentures to the
extent that such moneys are required for the purposes for
which the debentures were issued, and for the repayment of
any outstanding temporary loans with respect thereto, shall
be used only for such purpose or purposes.
Idem
(2) None of the moneys received by the Regional Corpora-
tion from the sale or hypothecation of any debentures shall be
applied towards payment of the current or other expenditures
of the Regional Corporation or an area municipality.
Surplus
(3) Where on the sale of any debenture an amount is
realized in excess of that required for the purpose or purposes
for which the debentures were issued, the excess amount shall
be applied.
138
73
{a) if any such debentures are redeemable prior to
maturity at the option of the Regional Corporation
to redeem one or more of the debentures having
the latest maturity date; or
(b) to reduce the next annual levy on account of principal
and interest payable with respect to such deben-
tures; or
(c) to reduce the amount of debentures to be issued for
other capital expenditures of a similar nature for
which the issue of debentures has been approved by
the Municipal Board, provided that the principal
and interest charges of such debentures are levied
upon the assessment of the same class of ratepayers
as was levied upon for the principal and interest
charges of the debentures with respect to which the
excess arose.
(4) Where on the sale of any debentures a deficiency in the Deficiency
amount required for the purpose or purposes for which the
debentures were issued is sustained, the amount of such
deficiency shall be added to the sum to be raised for the first
annual payment of principal and interest with respect to the
debentures and the levy made in the first year for such
purpose or purposes shall be increased accordingly or shall be
raised by the issue of other debentures approved by the
Municipal Board for the same or any similar purpose or
purposes.
108. Where real or personal property acquired out of ^^^®^j°^gjjg ^^
moneys received by the Regional Corporation from the sale|aieof
or hypothecation of any debentures is disposed of by sale or acquired
otherwise, the net proceeds of such disposal shall be applied proceeds of
as an excess in accordance with subsection 3 of section 107 debentures
or, with the approval of the Municipal Board, may be applied
to meet the whole or a portion of any other capital expenditure
the debt charges for which, if raised by taxation, would be
raised by taxation levied upon the assessment of the same
class of ratepayers as was levied upon for the principal and
interest charges of the property disposed of or sold.
109. When the Regional Corporation intends to borrow Jepders for
11- ^ A IX-.- 1 debentures
money on debentures under this or any other Act, the Regional
Council may prior to the issue thereof call for tenders for the
amount of money required and the person tendering shall
specify the rate of interest the debentures shall bear when
issued at par.
110.— (1) The Regional Council shall, howu/bl'
kept
{a) keep a separate account of every debenture debt;
138
74
Consolidated
interest
account
Application
ofsurplus
money
Liability
of members
Action by
ratepayer
(b) where the whole of a debenture debt is not payable
in the current year, keep in respect thereof,
(i) an additional account for the interest, if any,
and
(ii) an additional account for the sinking fund or
the instalments of principal,
distinguished from all other accounts by a prefix
designating the purpose for which the debenture
debt was contracted; and
(c) keep the accounts so as to exhibit at all times the
state of every debt, and the amount of money raised,
obtained and appropriated for the payment of it.
(2) The Regional Council may by by-law provide and direct
that instead of a separate account of the interest upon every
debt being kept, a consolidated account of the interest upon
all debts may be kept, but which consolidated account shall
be so kept that it will be possible to determine therefrom the
true state of the interest account upon every debt and that
provision has been made to meet the interest upon every
debt.
111. If, in any year after paying the interest and appro-
priating the necessary sum in payment of the instalments,
there is a surplus properly applicable to such debt, it shall
so remain until required in due course for the payment of
interest or in payment of principal.
112. — (1) If the Regional Council applies any money
raised for a special purpose or collected for a sinking fund in
payment of current or other expenditure, the members who
vote for such application are personally liable for the amount
so applied, which may be recovered in any court of competent
jurisdiction.
(2) If the Regional Council, upon the request in writing
of a ratepayer of any area municipality, refuses or neglects
for one month to bring an action therefor, the action may
be brought by any such ratepayer on behalf of himself and all
other ratepayers in the Regional Area.
?atKm^"* (3) The members who vote for such application are dis-
qualified from holding any municipal ofhce for two years.
Refinancing
of
debentures
113. When, by or under the authority of this Act, the
Regional Corporation is or becomes liable for the payment
to an area municipality of all amounts of principal and
interest becoming due upon any outstanding debentures issued
by the area municipality, the Regional Corporation may,
with the approval of the Municipal Board,
138
75
(a) cancel all such debentures that have not been sold
and issue new debentures of the Regional Corporation
in substitution and exchange therefor and apply the
proceeds thereof, as may be directed by the Muni-
cipal Board, for the purposes for which such deben-
tures were issued;
(b) arrange with the area municipality for the redemption
of all such debentures as are redeemable and issue
new debentures of the Regional Corporation to raise
the moneys required for such redemption ; and
(c) purchase, by agreement with the owner or owners
thereof, all such debentures of a single issue of the
area municipality, and issue new debentures of the
Regional Corporation to raise the money required to
complete such purchase.
Assets
1 14. In the year 1973, no local municipality in the Regional ^j*|po|*^
Area shall, after the 1st day of June, without the approval
of the Minister, dispose of any asset purchased at a cost
of, or valued at more than $5,000.
PART X
General
115.— (1) Sections 5, 217, 223, 224, 229, 231, 232, 233 Application^
and 235, subsections 1, 4 and 5 of section 237, sections 238, c. 284
239, 245, 249, 250 and 254 and paragraphs 3, 9, 24, 63, 64,
65, 66 and 67 of section 352 and Parts XV, XVI, XVII and
XXI of The Municipal Act apply mutatis mutandis to the
Regional Corporation.
(2) For the purposes of subsection 2 of section 466 of ^^^ un^S-^R s cf
Municipal Act, the by-laws of the Regional Corporation ori970,c.284
any local board thereof shall be considered to be by-laws
passed by the council of a city.
(3) Sections 10 and 11 and, subject to subsection 3 of Annexations
section 2, subsection 2 of section 14 of The Municipal Act do and amaiga-
.... • 1 • 1 mations
not apply to any area municipality except m relation to altera-
tions of boundaries, within the Regional Area, of area muni-
cipalities, which alterations, in the opinion of the Municipal
Board, are of a minor nature.
(4) The Regional Corporation shall be considered to be a local portaticm '^^
municipality for the purposes of paragraphs 90 and 116 of systems,
subsection 1 of section 354 and section 394 of The Municipal Act. posai, enter-
tainment
expenses,
138 ^^''-
76
Delegation
of approval
(5) Notwithstanding any other provision in this Act, the
Regional Council may pass a by-law authorizing the head of the
department concerned to grant the approval required by sub-
section 2 of section 35 and any such by-law may prescribe
terms and conditions under which any such approval or
consent may be granted.
Deemed (5) Xhe Regional Corporation shall be deemed to be a
municipality ^ '. . ,. ° , ^ . . nn r ^i t ■
forR.s.o. municipality for the purposes of section 88 of The Liquor
li? I U, C. ZOU, J- • At
S.88 Licence Act.
By-laws (7) Every by-law of a local municipality as it exists on the
31st day of December, 1973, shall remain in force in the area
of the former local municipality on and after the 1st day of
January, 1974, and may be amended or repealed by the council
of an area municipality as it affects such area municipality.
Idem
(8) Where any local municipality has commenced pro-
cedures to enact a by-law which, prior to its enactment, re-
quires the approval of any minister of the Crown, any provin-
cial ministry, the Municipal Board or any provincial body
or agency, and such approval has not been obtained prior to
the 31st day of December, 1973, then the council of the
successor area municipality to such local municipality shall
be entitled to continue the procedure to finalize such by-law
of the local municipality in so far as it pertains to such area
municipality, and the provisions of subsection 7 apply mutatis
mutandis to any such by-law.
Vesting of (9) jn the event that the Regional Corporation establishes
portation a transportation system in accordance with the provisions of
system assets \ -' •■i-i-in -i_ i.
in Regional subsection 4, uo area municipality shall operate such a system
orpora ion ^^^ ^jj ^^^ assets and liabilities of any area municipality
used for a public transportation system vest in the Regional
Corporation on the day such regional transportation system
is established, without compensation, and the Regional Cor-
poration shall thereafter pay to the area municipality before
the due date all amounts of principal and interest becoming
due upon any outstanding debt of the area municipality in
respect of any such assets.
Default
Emergency
measures,
civil
defence
(10) If the Regional Corporation fails to make any pay-
ment on or before the due date, required by subsection 9, the
area municipality may charge the Regional Corporation interest
at the rate of 12 per cent per annum thereon, or such lower
rate as the council of the area municipality determines from
such date until payment is made.
116. — (1) The Regional Council may pass by-laws,
138
77
(a) for the establishment and maintenance of an emer-
gency measures civil defence organization in the
Regional Area; and
(b) for providing moneys for emergency measures and
civil defence, for the purposes of the emergency
measures civil defence organization and for the cost
of the operation of such organization, and for other
similar work in the Regional Area,
and, when a by-law passed under this subsection is in force in
the Regional Area, any by-laws passed by the council of an
area municipality under subclauses ii and iii of clause b of
section 353 of The Municipal Act have no effect. ^■^■^^''''
(2) When a by-law passed under clause a of subsection 1 ^e^o?a°^
is in force, the Regional Council may pass by-laws, council re
" J r- J ' emergency
measures
(a) with the consent of the area municipality or local
board concerned, for appointing heads of departments
and alternates to be members of or advisors to the
emergency measures planning committee or any
subcommittee thereof;
{b) with the consent of the area municipality or local
board concerned, for training employees of the area
municipality or local board in their emergency func-
tions ;
(c) for appointing members of the emergency measures
planning committee or of any subcommittee thereof
to be in charge of such departments or utilities through-
out the Regional 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; R.sb.'mo,
c. 145
{d) for acquiring alternative headquarters for the Re-
gional Government outside the Regional Area;
{e) for obtaining and distributing emergency materials,
equipment and supplies; and
(/) for complying with any request of the Government
of Canada or of Ontario in the event of a nuclear
attack.
(3) For the purposes of The Emergency Measures Act, the^^s^sd
Regional Corporation shall be deemed to be a county and the RS.o. i970,
area municipalities shall be deemed to be the local municipalities
that form part of the county for municipal purposes.
138
78
Expenditures
for diffusing
information
Application
R.S.0. 1970,
C.284
Grants
to persons
engaged in
work
advan-
tageous to
Regional
Area
117. — (1) The Regional Corporation may make expendi-
tures for the purpose of diffusing information respecting
the advantages of the regional municipality as an industrial,
business, educational, residential or vacation centre and may
make annual grants for a period not exceeding five years.
(2) Paragraph 50 of subsection 1 of section 354 and section
395 of The Municipal Act apply mutatis mutandis to the
Regional Corporation, and no area municipality shall exercise
any such powers save and except in respect of those lands
acquired or held by a local municipality on or before the 31st
day of December, 1973. "^C
118. The Regional Council may make annual grants, not to
exceed in any year a sum calculated at one-tenth of one mill
in the dollar upon the total assessment upon which the regional
levy is apportioned among the area municipalities under sub-
section 3 of section 81, to institutions, associations, area muni-
cipalities and persons carrying on or engaged in works that
in the opinion of the Regional Council are for the general
advantage of the inhabitants of the Regional Area and for which
grant or grants there is no express authority provided by any
other Act.
Payment
of damages
R.S.0. 1970,
C.505
119. Where, in an action or by the settlement of a claim
toempfoyees arising out of any injury to an employee including a member
of the Peel Regional Police Force, or to any person considered
an employee for the purposes of The Workmen's Compensation
Act, the Regional Corporation 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 Regional Corporation may impose.
Investi-
gation
by county
judge of
charges of
malfeasance
1971, c. 49
120. — (1) Where the Regional Council passes a resolution
requesting a judge of the county court within the Regional
Area or a judge of the county court of a county or judicial
district adjoining the Regional Area to investigate any matter
relating to a supposed malfeasance, breach of trust or other
misconduct on the part of a member of the Regional Council,
or an officer or employee of the Regional Corporation, or of any
person having a contract with it, in regard to the duties or
obligations of the member, officer, employee or other person
to the Regional Corporation, or to inquire into or concerning
any matter connected with the good government of the Regional
Corporation or the conduct of any part of its public business,
including any business conducted by a local board of the
Regional Corporation, the judge shall make the inquiry and
for that purpose has all the powers that may be conferred
on a commission under Part II of The Public Inquiries Act,
1971 and he shall, with all convenient speed, report to the
138
79
Regional Council the result of the inquiry and the evidence
taken.
(2) The judge shall be paid by the Regional Corporation f^®?^^^/^^^^
the same fees as he would be entitled to if the inquiry had
been made by him as a referee under The Judicature Act. c.'228 '
(3) The Regional Council may engage and pay counsel to^^^*|^j°^
represent the Regional Corporation, and may pay all proper
witness fees to persons summoned to give evidence at the
instance of the Regional Corporation, and any person charged
with malfeasance, breach of trust or other misconduct, or
whose conduct is called in question on such investigation
or inquiry, may be represented by counsel.
(4) The judge may engage counsel and such other assistants wem
and staff and incur such incidental expenses as he considers
advisable for the proper conduct of the investigation or
inquiry, and the Regional Corporation shall pay the costs
thereof.
121. — (1) The Lieutenant Governor in Council, upon the commission
recommendation of the Minister, may issue a commission to
inquire into any of the affairs of the Regional Corporation or a
local board thereof, and any matter connected therewith, and
the commission has all the powers that may be conferred on a
commission under Part II of The Public Inquiries Act, 1971. i97i, c.49
(2) A commission may be recommended at the instance of ^mmission
the Ministry or upon the request in writing of not less than "lay issue
one-third of the members of the Regional Council, or of not less
than fifty ratepayers of an area municipality assessed as owners
and resident therein.
(3) The expenses of and incidental to the execution of the^penses
commission, including the fees and disbursements of the com- commission
missioner, shall be fixed and certified by the Minister and are
subject to such division between the Regional Corporation
and the Province as the Lieutenant Governor in Council may
direct.
122. The Regional Corporation for its purposes may enter, Entry on
break up, dig and trench in, upon and under the highways, etc.
lanes and other public communications of any area muni-
cipality and may construct and maintain therein pipes, sewers,
drains, conduits and other works necessary for its purposes,
without making compensation therefor, but all such highways,
including any sidewalks thereon, lanes and other public com-
munications shall be restored to their original condition without
unnecessary delay.
123. The Regional Corporation and any area municipality Agreements
o *^ . -^ . r 1 ''^ services
may enter mto agreements for the use withm any part of the
138
80
Application
ofR.S.O.
1970, c. 32
Regional
Corporation
and area
muni-
cipalities
deemed not
tenants
Regional Area of the services of their respective officers,
employees and equipment on any such terms and conditions
as the councils deem necessary.
124. — (1) For the purposes of paragraph 9 of section 3 and
section 35 of The Assessment Ad, the Regional Corporation
shall be deemed to be a municipality.
(2) For the purposes of paragraph 9 of section 3 of The
Assessment Act, where property belonging to the Regional
Corporation is occupied by an area municipality or where
property belonging to an area municipality is occupied by the
Regional Corporation or another area municipality, the
occupant shall not be considered to be a tenant or lessee,
whether rent is paid for such occupation or not.
Inter-
pretation
(3) In subsection 2, "Regional Corporation" and
municipality" include a local board thereof.
area
Execution
against
Regional
Corporation
125. — (1) An execution against the Regional Corporation
may be endorsed with a direction to the sheriff to levy the
amount thereof by rate, and the proceedings therein shall then
be the following :
1 . The sheriff shall deliver a copy of the writ and endorse-
ment to the treasurer of the Regional Corporation,
or leave such copy at the office or dwelling place
of the treasurer, with a statement in writing of the
sheriff's fees and of the amount required to satisfy
the execution, including the interest calculated to some
day as near as is convenient to the day of the service.
2. If the amount with interest thereon from the day
mentioned in the statement is not paid to the sheriff
within one month after the service, the sheriff shall
examine the assessment rolls of all the area muni-
cipalities and shall, in like manner as the levies of the
Regional Council for general purposes are apportioned
among the area municipalities, determine the portion
of the amount mentioned in the statement that shall
be levied against and in each area municipality.
3. The sheriff shall then in like manner as rates struck
for general municipal purposes within each area
municipality strike a rate sufficient in the dollar to
cover its share of the amount due from the execution,
and in determining such amount he may make such
addition to the same as the sheriff considers sufficient
to cover its share of the interest up to the time when
the rate will probably be available and his own fees
and poundage.
138
81
4. The sheriff shall thereupon issue a precept under his
hand and seal of office directed to the collector of the
area municipahty and shall annex to the precept
the roll of such rate and shall by the precept, after
reciting the writ and that the Regional Corporation
has neglected to satisfy the same, and referring to the
roll annexed to the precept, command the collector
to levy such rate at the time and in the manner
by law required in respect of the general annual
rates.
5. If, at the time for levying the annual rates next after
the receipt of such report, the collector has a general
rate roll delivered to him for the year, he shall add a
column thereto, headed "Execution rate in A.B. vs.
The Regional Municipality of Peel" (adding a similar
column for each execution if more than one), and
shall insert therein the amount by such precept re-
quired to be levied upon each person respectively,
and shall levy the amount of such execution rate
as aforesaid, and shall, within the time within which
he is required to make the return of the general
annual rate, return to the sheriff the precept with
the amount levied thereon.
6. The sheriff shall, after satisfying the execution and all
the fees and poundage thereon, pay any surplus,
within ten days after receiving the same, to the
treasurer of the area municipality.
(2) The clerk, assessor and collector of each area rnuni- ^^"^jCtion
cipality shall, for all purposes connected with carrying into collector
effect, or permitting or assisting the sheriff to carry into assessor
effect, the provisions of this Act with respect to such execution,
be considered to be officers of the court out of which the writ
issued, and as such are amenable to the court and may be
proceeded against by attachment, mandamus or otherwise in
order to compel them to perform the duties imposed upon
them.
126. — (1) The Corporation of the County of Peel is dissolved ^fgso'ved
on the 1st day of January, 1974, and the Regional Corporation
shall stand in the place and stead of the County of Peel
in any agreements to which such county was a party.
(2) All the assets and liabilities of the County of Peel j^ssets_ami
become, on the 1st day of January, 1974, the assets and etc.
liabilities of the Regional Corporation, and all documents
and records kept by the clerk or treasurer or any other officer
of the County of Peel shall be transferred to the clerk, and
138
82
on the same date that portion of the Town of Oakville described
in clause a of subsection 1 of section 2 is withdrawn from
the County of Halton.
Powers of
Municipal
Board
R.S.0. 1970,
c. 284
127. — (1) Except as provided in this Act, the Municipal
Board, upon the application of any area municipality or the
Regional Corporation, may exercise any of the powers under
clauses a, b and d of subsection 11 of section 14 of The Municipal
Act in relation to the dissolution of the County of Peel.
Settling
of doubts
R.S.0. 1970,
c. 323
(2) In the event of any doubt as to whether any particular
asset or liability is vested in the Regional Corporation under
this Act, the Municipal Board upon application has power to
determine the matter as sole arbitrator and sections 94 and 95
of The Ontario Municipal Board Act do not apply to decisions
or orders made in the exercise of such power.
Idem
(3) In the event of any doubt as to whether any outstanding
debt or portion thereof is a debt in respect of any asset
assumed by or vested in the Regional Corporation under this
Act, the Municipal Board upon application may determine
the matter and its decision is final.
Conditional
powers
128. The Lieutenant Governor in Council, upon the recom-
mendation of the Minister, may authorize all such acts or things
not specifically provided for in this Act that are considered
necessary or advisable to carry out effectively the purposes of
this Act.
Conflict
with other
Acts
129. — (1) The provisions of this Act apply notwithstanding
the provisions of any general or special Act and, in the event
of any conflict between this Act and any general or special Act,
this Act prevails.
Special
legislation
(2) The provisions of any special Act relating to the County
of Peel or a local board thereof or to any local municipality
or local board thereof within the Regional Area, in so far as the
provisions of such special Act are not in conflict with the pro-
visions of this Act, continue in force, and the powers conferred
by any such special Act may be exercised by the Regional
Corporation or a local board thereof or by the corporation of the
appropriate area municipality or a local board thereof according
to whether the powers conferred by such special Act relate to
a function assigned under this Act to the Regional Corporation
or a local board thereof or to the area municipalities or local
boards thereof.
Municipal
buildings
130. — (1 ) The Regional Corporation or an area municipality
or the Regional Corporation and one or more area muni-
cipalities.
138
83
{a) may acquire land for the purpose of constructing
municipal buildings ; and
{b) may construct municipal buildings for the use of the
Regional Corporation or the Regional Corporation
and one or more area municipalities or any local
board thereof.
(2) Section 256 of The Municipal Act applies ww^«^^s ofP^ s°o*^i970
mM/aw^^'s to any joint undertaking under this section. c. 284, s. 256
131.— (1) In this section "waste" includes ashes, garbage. 1"^?^:.
J. , . ,.,., ., ".." pretation
refuse, domestic waste, solid industrial waste or municipal
refuse and such other wastes as may be designated by by-law
of the Regional Council.
(2) On and after the 1st day of January, 1974, the Regional ^^^et^^^/g^j^^
Corporation shall provide facilities for the purpose of receiving, of waste by
dumping and disposing of waste, and no area municipality Corporation
shall provide such facilities,
(3) For the purposes of subsection 2, the Regional Cor- waste
poration may acquire and use land within the Regional Area sites
and may erect, maintain and operate all facilities including
buildings, structures, machinery or equipment for the purposes
of receiving, dumping and disposing of waste, and may con-
tract with any person, including Her Majesty in right of Ontario,
for such purposes, and may prohibit or regulate the dumping
and disposing of waste or any class or classes thereof upon such
land, and may charge fees for the use of such property, which
fees may vary in respect of different classes of waste, and all
such existing facilities and lands of a local municipality to the
extent they are used for such purposes vest in the Regional
Corporation on the 1st day of January, 1974, without com-
pensation.
(4) The Regional Corporation shall pay to the corporation Payments of
of any area municipality on or before the due date all amounts and interest
of principal and interest becoming due upon any outstanding cipaiities
debt of such area municipality in respect of the property
assumed by the Regional Corporation under the provisions of
subsection 3.
(5) If the Regional Corporation fails on or before the due date Default
to make any payment required by subsection 4, the area muni-
cipality may charge the Regional Corporation interest at the
rate of 12 per cent per annum thereon, or such lower rate as the
council of the area municipality determines, from such date
until payment is made.
138
84
O.M.B.
to arbitrate
(6) In the event of any doubt as to whether any out-
standing debt or portion thereof was incurred in respect of any
property vested in the Regional Corporation under this section,
the Municipal Board may determine the matter and such
determination is final and binding.
^fR^s^o*i97o ^^^ ^^^ ^^^ purposes of subsection 3, paragraph 77 of sub-
0.284,8.354 ' section 1 of section 354 of The Municipal Act applies mutatis
mutandis.
Agreement 1 32. Where any agreement has been entered into by a local
successor . . ■ ^■ <• •
rights municipality, providing the terms thereof are not inconsistent
with the provisions of this Act, the Regional Corporation or the
appropriate area municipality shall on and after the 1st day of
January, 1974, be deemed to stand in the place and stead of
such local municipality in so far as the agreement pertains to
the functions of the Regional Corporation or area municipality.
Regional 133. The Regional Corporation shall appoint a Regional
Co-ordinator Fire Co-ordinator who shall be responsible for the establishment
of an emergency fire service plan and program for the Regional
Area, and the Regional Corporation is authorized to expend such
sums as it considers necessary to implement such plan and
program.
Existing
speed
limits
continued
R.S.0. 1970,
C.202
134. — (1) Notwithstanding the other provisions of the Act
but subject to subsections 2 and 3, for the purposes of section
82 of The Highway Traffic Act the area in the Regional Area
that, on the 31st day of December, 1973, formed part of a
town, village or township municipality shall be considered to
continue to form part of a town, village or township muni-
cipality.
By-laws of
Regional
Council and
area councils
(2) Notwithstanding subsection 1, the Regional Council
and the council of each area municipality may exercise any
of its powers under section 82 of The Highway Traffic Act in
respect of highways under its jurisdiction and control.
Existing
speed limits
continued
(3) Every by-law passed by the council of a municipality
under any provision of section 82 of The Highway Traffic Act
that applied, on the 31st day of December, 1973, to any
highway or portion thereof within the Regional Area shall
continue to apply thereto until a by-law passed by the Regional
Council or the council of an area municipality under such
section 82 applies thereto.
Application
ofR.S.O.
1970, c. 364,
8.108
135. — (1) On and after the 1st day of January, 1974,
no area municipality shall be required to comply with section
108 of The Power Commission Act.
138
85
(2) Where, on the 31st day of December, 1973, The Hydro- D/stribution
Electric Power Commission of Ontario or a pubhc utiHties electrical
commission or a hydro-electric commission is supplying
electrical power and energy in any area within the Regional
Area, such commission shall continue, until a date to be deter-
mined by the Minister, to distribute and sell power within such
area and such commission shall be deemed to be a local board
of the area municipality in which it has jurisdiction.
(3) The members of a public utilities commission or a hydro- Members of
^ ' " J commission
electric commission referred to in subsection 2, including ex ponWnue
officio members, who hold office when this section comes into
force, shall continue to hold office until a date to be deter-
mined by the Minister and, in addition to such members, the
mayor elected for the area municipality in which such a com-
mission operates shall also be a member of such commission.
(4) All public utilities commissions and waterworks com- ^j^^'J^I^^^^^
missions within the Regional Area, except those referred to in
subsection 2, are hereby dissolved on the 1st day of January,
1974.
(5) A person who is a member of a commission referred ^^^f^ion
to in this section is not disqualified to be elected a member n?t
r ■, T-. • 1 ^ 11 -If • • disqualified
of the Regional Council or the council of an area munici- as members
pality or to sit or vote therein by reason of being a member
of such commission.
136.— (1) On the 31st day of December, 1973, all com-Boa^^iS'
munity centre boards and all boards of recreation or park dissolved
management in a local municipality are dissolved and the
assets and liabilities thereof become, on the 1st day of
January, 1974, the assets and liabilities of the area munici-
pality of which the local municipality becomes a part, and
in the event the area of jurisdiction of any such board is
divided between two area municipalities, the committee of
arbitrators appointed under section 88 shall make the
determination of the disposition of such assets and liabilities
in the manner prescribed in that section.
(2) The council of an area municipality shall be deemed deemed
to be a recreation committee under The Ministry of Com- ^^^''^^f^tee
munity and Social Services Act and the regulations thereunder, etc.
and a board of a community centre under The Comwwm'/y Rs.o. mo,
Centres Act.
137. — (1) The Regional Council may pass by-laws for Acquiring
acquiring land for and establishing, laying out and im- parks, etc.
proving and maintaining public parks, zoological gardens,
recreation areas, squares, avenues, boulevards and drives in
the Regional Area and for exercising all or any of the powers
138
86
^•|gO. 1970, that are conferred on boards of park management by
The Public Parks Act.
spirituous, (2) ^"^ addition to the powers that may be exercised under
fn parks °^^ subsection 1, the Regional Council has power to let from
year to year, or for any time not exceeding ten years, the
right to sell, subject to The Liquor Licence Act, and the
regulations made thereunder, spirituous, fermented or in-
toxicating liquors within regional parks under such regula-
tions as the Regional Council may prescribe.
R.S.0. 1970,
C.250
Application
ofR.S.O.
1970, c. 284
(3) Paragraphs 70 and 71 of section 352 of The Municipal
Act apply mutatis mutandis to the Regional Corporation.
Coloration ^^) ^^^ Regional Corporation shall be deemed to be a
ci"ai?t municipality for the purposes of The Parks Assistance Act
under R.s.o. and The Community Centres Act.
1970, cc. 337, 73 -^
Park lands (5) Where, Under an agreement with any conservation
owned by \ ' . i ■ i ■ i •
conservation authority, lands vested m the conservation authority are
on y managed and controlled by the Regional Corporation, the
Regional Corporation may,
{a) exercise all or any of the powers conferred on it
under subsection 1 in respect of such lands ;
{h) lay out, construct and maintain roads on such lands
and, with the consent of the area municipality in
which such lands, or any part thereof, are situate,
assume the maintenance of existing roads on such
lands, or any part thereof;
R.s.o. 1970,
C.202
Payment
In lieu
of taxes
(c) subject to The Highway Traffic Act, regulate traffic
on such roads and prescribe the rate of speed for
motor vehicles driven on such roads in accordance
with subsection 4 of section 82 of The Highway
Traffic Act.
(6) The Regional Council may agree to pay annually to the
area municipality in which any land used for the purposes
set out in subsection 1 is situate a sum not exceeding the
amount that would have been payable to the municipality
as taxes if the land were not exempt from taxation.
mu^seum l^** ^^^ ^^^^ County Muscum and Art Gallery together
vested in with the assets and liabilities thereof vest, on the 1st day
Corporation of January, 1974, in the Regional Corporation.
Regional
Muni-
cipality
scnool
dlvlBlon
139. Notwithstanding the provisions of any other Act,
on and after the 1st day of January, 1974, The Regional
Municipality of Peel is a school division and the Peel County
138
87
Board of Education is continued, subject to subsection 5 of
section 29 of The Secondary Schools and Boards of Education ^fo?' ^^''^'
Act, as the divisional board of education for The Regional
Municipality of Peel.
140.— (1) The Peel County Board of Education may,schooi
by resolution, provide that the election of members of the elections
board shall be held in the year 1974 and unless a certified
copy of such resolution is received by the Minister on or before
the 15th day of July, 1973, the election of members of the
board shall be held in the year 1973.
(2) Section 38 of The Secondary Schools and Boards q/idem
Education Act applies to the election of the members of The
Peel County Board of Education except that, notwithstanding
The Municipal Elections Act, 1972, if such election is held ini972, c.95
the year 1973,
{a) the polling day for the members of The Peel County
Board of Education shall be the 1st day of October
and the hours of polling shall be the same as for the
municipal elections in the Regional Area, and the
members elected on such date shall take office on the
1st day of January, 1974, and continue in office
until the 31st day of December, 1976 ;
(b) the Minister shall, by order, provide for the nomination
of candidates for The Peel County Board of Education
and may, by order, provide for any other matters
necessary to hold the election for such board ;
(c) any reference in such section to the 1st day of
September, the 15th day of September or the 1st day
of October shall be deemed to be a reference to the 1st
day of August, the 15th day of August or the 1st day of
September, respectively ; and
(d) the expenses of the local municipalities for such
election shall, as approved by the Minister, be paid
out of the Consolidated Revenue Fund,
and, if such election is held in the year 1974, the expenses of the
area municipalities for such election shall be paid by The Peel
County Board of Education.
(3) The members of The Dufferin-Peel County Roman ^'^^"^
Catholic Separate School Board who hold office on the day this
Act comes into force continue to hold office until the 31st day of
December, 1976, and the trustees shall designate which one of
their number shall represent that area of the City of Mississauga
formerly in the Town of Oak ville. "^PB
138
88
^Im 8^244 ^^^' Section 244 of The Municipal Act does not apply
not to apply to the council of a local municipality in the Regional Area
/
in the year 1973.
Public
library
boards
R.S.0. 1970,
c. 381
142. Notwithstanding the provisions of The Public Libraries
Act, the Minister may by order provide for the establishment
of a public library board in any area municipality and for
the transfer of any assets and liabilities of any former public
library board to such new board.
Power of 143. The council of the City of Mississauga may pass
Regional anv bv-law that a board of commissioners of police of a city
pass by-laws is authorized to pass under The Municipal Act.
Organization
expenses
Conditions
of payment
Commence-
ment
144. — (1) The Lieutenant Governor in Council may, by
order, provide for payments to be made out of the Consolidated
Revenue Fund towards the organization expenses of the
Regional Corporation.
(2) Payments made under this section shall be made on such
terms and conditions as the Minister may direct.
145.— (1) This Act, except Parts V, VII and VIII and
sections 78 to 87 and 89 to 113 of Part IX, comes into force
on the day it receives Royal Assent.
Idem
(2) Parts V, VII and VIII and sections 78 to 87 and 89 to
113 of Part IX come into force on the 1st day of January, 1974.
Short title 146. This Act may be cited as The Regional Municipality
of Peel Act, 1973.
138
m
89
FORM 1
(Section 10 (6) )
OATH OF ALLEGIANCE
I
having been elected (or appointed) as chairman of the council of The Regional
Municipality of Peel, do swear that I will be faithful and bear true allegiance
to Her Majesty Queen Elizabeth II (or 'the reigning sovereign for the time
being).
Sworn before me, etc.
FORM 2
' [Section 10 (6) )
DECLARATION OF QUALIFICATION BY CHAIRMAN
I ,
having been elected {or appointed) as chairman of the council of The Regional
Municipality of Peel declare that :
1. I am a British subject and am not a citizen or a subject of any
forci.^n cduntrw
2. I am of the full age of eighteen years.
3. I am not an officer, employee or servant of any area municipality
or local board of any area municipality.
4. I have taken the oath of allegiance (Form 1) which I attach hereto.
And I make this solemn declaration conscientiously believing it to be true
and knowing that it is of the same force and effect as if made under oath.
Declared before me, etc.
138
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BILL 138
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to establish
The Regional Municipality of Peel
The Hon. J. White
Treasurer of Ontario and Minister of Economics
and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
BILL 138 1973
An Act to establish
The Regional Municipality of Peel
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^te^^re-
(a) "area municipality" means the municipality or
corporation of the City of Mississauga, the City of
Brampton and the Town of Albion, all as constituted
by section 2 ;
{b) "bridge" means a public bridge, and includes a
bridge forming part of a highway or on, over,
under or across which a highway passes ;
(c) "chairman" means the chairman of the Regional
Council ;
{d) "debt" includes any obligation for the payment of
money ;
{e) "divided municipality" means a local municipality
parts of which are annexed to two or more munici-
palities under subsection 1 of section 2 ;
(/) "highway" and "road" mean a common and public
highway or any part thereof, and include a street,
bridge, and any other structure incidental thereto
or any part thereof ;
{g) "land" includes lands, tenements and hereditaments
and any estate or interest therein, and any right
or easement affecting them, and land covered with
water, and includes any buildings or improvements
on land ;
138
{h) "local board" means any school board, public
utility commission, transportation commission, public
library board, board of park management, local
board of health, board of commissioners of police,
planning board or any other board, commission,
committee, body or local authority established or
exercising any power or authority under any general
or special Act with respect to any of the affairs
or purposes, including school purposes, of the
Regional Corporation or of an area municipality or
of two or more area municipalities or parts thereof;
(i) "local municipality" means in the year 1973 any
local municipality or portion thereof in the Regional
Area ;
(J) "merged area" means a local municipality that is
amalgamated with another local municipality or a
part of a local municipality that is annexed to a
local municipality to consitute an area municipality
under subsection 1 of section 2 or the local munici-
pality to which such part is annexed ;
{k) "Minister" means the Treasurer of Ontario and
Minister of Economics and Intergovernmental Affairs ;
(/) "Ministry" means the Ministry of Treasury, Economics
and Intergovernmental Affairs ;
(w) "money by-law" means a by-law for contracting;
a debt or obligation or for borrowing money, other^
than a by-law passed under section 91 ;
(w) "Municipal Board" means the Ontario Municipal
Board ;
(o) "Regional Area",
(i) until the 1st day of January, 1974, means the
area included within the County of Peel
together with that portion of the Town of
Oakville included in the area municipality
of the City of Mississauga as defined in clause a
of subsection 1 of section 2, and
(ii) on and after the 1st day of January, 1974,
means the area from time to time includ
within the area municipalities ;
ip) "Regional Corporation" means The Regional Munici
pality of Peel ;
138
{q) "Regional Council" means the council of the Regional
Corporation ;
{r) "regional road" means a road forming part of the
regional road system established under Part III;
(s) "roadway" means that part of the highway designed
or intended for use by vehicular traffic.
PART I
Area Municipalities
2. — (1) On the 1st day of January, 1974, constitution
{a) The Corporation of the Town of Port Credit and
The Corporation of the Town of Streetsville are
amalgamated as a city municipality bearing the
name of The Corporation of the City of Mississauga
and the portions of the Town of Mississauga and the
Town of Oakville described as follows are annexed
to such city :
Firstly, part of the Town of Mississauga, com-
mencing where the west limit of the present Town of
Mississauga intersects the highwater mark of Lake
Ontario ;
THENCE northerly along that limit to the westerly
prolongation of the centre-line of Lot 14, West of
Hurontario Street ;
THENCE in a general easterly direction the following
courses ;
EASTERLY aloug that line to the line between the
east and west halves of Concession VI ;
SOUTHERLY aloug that line to the line between the
north three-quarter and the south one-quarter of said
Lot 14;
EASTERLY aloug that line to the west limit of Con-
cession V ;
SOUTHERLY along that line to the centre-line of Lot 13 ;
EASTERLY along that line to the line between the
west one-quarter and the east three-quarter of Con-
cession V ;
of area
munici-
palities
138
SOUTHERLY along that line to the line between Lots
12 and 13;
EASTERLY along that line to the west limit of Con-
cession IV;
SOUTHERLY along that west limit to the line between
the north one-quarter and south three-quarter of
Lot 12;
EASTERLY along that line to the west limit of Con-
cession III ;
SOUTHERLY aloug that limit to the centre-line of
Lot 12;
EASTERLY along that centre-line to the centre-line
of Concession III;
NORTHERLY along that centre-line to the line between
Lots 12 and 13;
EASTERLY along that line to the west limit of Con-
cession II;
SOUTHERLY along that limit to the line between the
north one-quarter and south three-quarter of Lot 12;
EASTERLY along that line to the centre-line of Con-
cession I, West of Hurontario Street ;
SOUTHERLY along that centre-line to the centre-line
of Lot 12;
EASTERLY along that centre-line to the centre-line of
Concession I, East of Hurontario Street;
SOUTHERLY along that centre-line to the line between
the north three-quarter and south one-quarter of
Lot 12;
EASTERLY along that line to the west limit of Con-
cession II;
SOUTHERLY along that limit to the line between Lots
11 and 12;
EASTERLY along that line to the east limit of Con-
cession II;
138
NORTHERLY along that limit to the line between the
north one-quarter and south three-quarter of Lot 12;
EASTERLY along that line to the centre-line of Con-
cession III;
NORTHERLY along the centre-line to the line between
the north three-quarter and south one-quarter of
Lot 13;
EASTERLY aloug that line to the east limit of Con-
cession III;
NORTHERLY along that limit to the line between the
north one-quarter and south three-quarter of Lot 13;
EASTERLY aloug that line to the centre-line of Con-
cession IV;
NORTHERLY aloug that ccntre-Hne to the line between
Lots 13 and 14;
EASTERLY along that line to the east limit of Con-
cession IV;
NORTHERLY aloug that limit to the line between the
north three-quarter and the south one-quarter of
Lot 14;
EASTERLY aloug that line to the centre-line of Con-
cession V ;
NORTHERLY aloug that centre-line to the centre-line
of Lot 14;
EASTERLY aloug that centre-line to the west limit of
Concession IX ;
SOUTHERLY along that limit to the line between Lots
12 and 13;
EASTERLY aloug that line to the east limit of the
present Town of Mississauga ;
THENCE southerly, southwesterly and southerly along
the easterly limit of the present Town of Mississauga
to the high water mark of Lake Ontario ;
THENCE southerly, westerly and northerly to the
place of commencement all in accordance with the
138
limits described in subsection 2 of section 8 of The
R.s o. 1970, Territorial Division Act.
c. 458
Secondly, part of the Town of Oakville, commencing
where the east Umit of the present Town of Oakville
intersects the centre-line of the King's Highway No.
5;
THENCE westerly along that line to the east limit of
the Ninth Line Road ;
THENCE northerly along that limit to the centre-line
median of the Macdonald-Cartier Freeway ;
THENCE easterly along that centre-line to the east
limit of the present Town of Oakville ;
THENCE southerly along that limit to the place of
commencement.
{b) The Corporation of the Town of Brampton and The
Corporation of the Township of Toronto Gore are
amalgamated as a city municipality bearing the
name of The Corporation of the City of Brampton and
those portions of the Town of Mississauga and the
Township of Chinguacousy described as follows are
annexed to such City :
Firstly, part of the Town of Mississauga, com-
mencing where the west limit of the present Town of
Mississauga intersects the westerly prolongation of
the centre-line of Lot 14;
THENCE in a general easterly direction the following
courses ;
EASTERLY along that line to the line between the east
and west halves of Concession VI ;
SOUTHERLY along that line to the line between the
north three-quarter and the south one-quarter of said
Lot 14;
EASTERLY along that line to the west limit of Con-
cession V ;
SOUTHERLY along that line to the centre-line of Lot 13 ;
EASTERLY along that hne to the line between the
west one-quarter and the east three-quarter of Con-
cession V ;
138
SOUTHERLY along that line to the line between Lots
12 and 13;
EASTERLY along that line to the west limit of Con-
cession IV;
SOUTHERLY along that west limit to the line between
the north one-quarter and south three-quarter of
Lot 12;
EASTERLY along that line to the west limit of Con-
cession III ;
SOUTHERLY along that limit to the centre-line of
Lot 12;
EASTERLY along that centre-line to the centre-line
of Concession III ;
NORTHERLY along that centre-line to the line between
Lots 12 and 13;
EASTERLY along that line to the west limit of Con-
cession II;
SOUTHERLY along that limit to the line between the
north one-quarter and south three-quarter of Lot 12;
EASTERLY aloug that line to the centre-line of Con-
cession I, West of Hurontario Street ;
SOUTHERLY along that centre-line to the centre-line
of Lot 12;
EASTERLY along that centre-line to the centre-line
of Concession I, East of Hurontario Street ;
SOUTHERLY aloug that centre-line to the line between
the north three-quarter and south one-quarter of
Lot 12;
EASTERLY along that line to the west limit of Con-
cession II ;
SOUTHERLY aloug that hmit to the line between
Lots 11 and 12;
EASTERLY aloug that line to the east limit of Con-
cession II;
138
8
NORTHERLY along that limit to the line between the
north one-quarter and south three-quarter of Lot 12;
EASTERLY along that line to the centre-line of Con-
cession III;
NORTHERLY along the centre-line to the line between
the north three-quarter and south one-quarter of
Lot 13;
EASTERLY along that line to the east limit of Con-
cession III ;
NORTHERLY along that limit to the line between the
north one-quarter and south three-quarter of Lot 13 ;
EASTERLY along that line to the centre-line of Con-
cession IV ;
NORTHERLY along that centre-line to the line between
Lots 13 and 14;
EASTERLY along that line to the east limit of Con-
cession IV;
NORTHERLY along that limit to the line between the
north three-quarter and the south one-quarter of
Lot 14;
EASTERLY aloug that line to the centre-line of Con-
cession V ;
NORTHERLY along that centre-line to the centre-line
of Lot 14;
EASTERLY along that centre-line to the west limit of
Concession IX;
SOUTHERLY aloug that limit to the line between Lots
12 and 13;
EASTERLY along that line to the east limit of the
present Town of Mississauga ;
THENCE northerly, westerly and southerly along the
east, north and west limits of the Town to the place
of commencement ;
Secondly, part of the Township of Chinguacousy,
commencing where the south limit of the present
138
Township of Chinguacousy intersects the west hmit
of the present Town of Brampton ;
THENCE westerly along that limit to the west limit
of the Township ;
THENCE northerly along that limit to the westerly
prolongation of the centre line of No. 17 Side Road;
THENCE generally easterly along that centre line to
its intersection with the east limit of the Canadian
Pacific Railway right-of-way ;
THENCE northerly along that limit to its intersection
with the line between Lots 18 and 19;
THENCE easterly along that line to its intersection
with the centre line of Concession I east of Hurontario
Street ;
THENCE southerly along that centre line to its inter-
section with the centre line of No. 17 Side Road;
THENCE generally easterly along that centre line and its
prolongations to the east limit of the Township ;
THENCE southerly along that limit to the south limit
of the Township ;
THENCE westerly along that limit to the west limit
of the present Town of Brampton ;
THENCE northerly, westerly and southerly along the
limits of the Town of Brampton to the place of
commencement.
(c) The Corporation of the Township of Albion, The Cor-
poration of the Township of Caledon, The Corporation
of the Village of Bolton and The Corporation of the
Village of Caledon East are amalgamated as a town
municipality bearing the name of The Corporation
of the Town of Albion and the portion of the Township
of Chinguacousy described as follows is annexed to
such town :
Part of the Township of Chinguacousy, commencing
where the west limit of the present Township of
Chinguacousy intersects the westerly prolongation
of the centre-line of No. 17 Side Road;
138
10
THENCE northerly, easterly and southerly along
the west, north and east limits of the Township
to its intersection with the centre line of No. 17 Side
Road;
THENCE generally westerly along that centre line to
its intersection with the centre line of Concession
I east of Hurontario Street ;
THENCE northerly along that centre line to its inter-
section with the line between Lots 18 and 19;
THENCE westerly along that line to its intersection
with the east limit of the Canadian Pacific Railway
right-of-way ;
THENCE southerly along that east limit to its inter-
section with the centre line of the No. 17 Side Road;
THENCE generally westerly along that centre line to
the place of commencement.
Dissolution (2) The following police villages are dissolved on the
villages 1st day of January, 1974 :
1. The Police Village of Alton.
2. The Police Village of Caledon.
3. The Police Village of Inglewood.
4. The Police Village of Palgrave.
Amajgama- (3) YoT the purposcs of every Act, the amalgamations,
annexations, annexations and dissolutions provided for in this Part shall
dissolutions be deemed to have been effected by orders of the Municipal
MuScfpaT Board not subject to section 42 of The Ontario Municipal
n'&^o.im!^ Board Act or to petition or appeal under section 94 or 95
cc. 323, 284' of g^ch Act, made on the day this section comes into force
pursuant to applications made under sections 14 and 25 of
The Municipal Act and, subject to the provisions of this Act,
the Municipal Board, upon the application of any area
municipality or any local board thereof or of its own motion,
may exercise its powers consequent upon such amalgamations,
annexations and dissolutions, and sections 94 and 95 of
The Ontario Municipal Board Act do not apply to decisions
or orders made in the exercise of such powers and "munici-
R|gOi97o, palities" in clause a of subsection 11 of section 14 of The
Municipal Act includes, for the purposes of such clause, the
area municipalities to which territory is annexed.
Referendum (4) If directed by order of the Minister, a vote of the electors
cipaiity of any area municipality as established under subsection 1
names
138
I
11
shall be taken at the same time as the election for the first
council of the area municipality, to determine from among
a maximum of three names designated by the Minister,
which name the area municipality shall bear and following
the vote, the Minister shall by order,
(a) confirm the name of the area municipality as set
out in subsection 1 ; or
(b) declare the name that the area municipality shall
bear,
and where a declaration is made under clause b all reference
to such area municipality shall be deemed to refer to such
area municipality as designated in the declaration.
3. — (1) On and after the 1st day of January, 1974, the composition
council of each area municipality shall be composed of a municipal
councils
mayor, who shall be elected by a general vote of the electors
of the area municipality and shall be the head of the council,
and the following number of other members of council:
1. The City of Mississauga — Nine members elected by
wards.
2. The City of Brampton — Fourteen members elected
by wards.
3. The Town of Albion — Nine members elected by
wards.
(2) With respect to the area municipalities, elections of g/ections and
the first councils thereof shall be held in the year 1973, and the termor
0lRC6
day for polling shall be the 1st day of October and the first
councils elected shall hold office for the years 1974, 1975
and 1976.
(3) For the purposes of the elections of the first councils w®'"
of the area municipalities and members thereof to represent
the area municipality on the Regional Council,
(a) the Minister may by order, divide into wards each
area municipality as constituted by section 2 and make
provision for the respective numbers of members
of councils to be elected in the respective wards and
such wards shall remain in effect until altered by the
Municipal Board ;
(b) the Minister may by order, provide for the qualifi-
cation of candidates ; and
(c) the Minister shall by order,
(i) provide for the qualification of electors,
nominations, the appointment of returning
138
12
App]
ofl9
972, c. 95
officers, the holding of the elections, the pre-
paration of polling lists, and
(ii) provide for such other matters as he considers
necessary to hold the elections.
(4) Subsections 2 and 3 apply to the elections of the first
councils of the area municipalities notwithstanding The
Municipal Elections Act, 1972.
Organization (5) Xhe members of the council of each area municipality
committee ^ ' -, , r J
in 1973 elected m the year 1973 shall comprise a committee in their
respective area municipalities to do anything in that year
necessary for the purposes of organization, policy and planning
of the area municipality.
Towns of
Port Credit
and
Streets ville
to each
constitute
one ward
(6) Notwithstanding the provisions of this section, for the
purposes of the elections to council of the area municipality
of the City of Mississauga to be held in the year 1973 and the
year 1976 the Town of Port Credit and the Town of Streets-
ville shall, as they exist on the day this Act comes into force,
each be constituted as a ward of the said City, entitled to
elect from such ward one member to the council of the said
City.
First
election
expenses
4. The expenses of the local municipalities for the elections
to elect members of the councils of the area municipalities
in the year 1973 shall, as approved by the Minister, be paid
out of the Consolidated Revenue Fund.
No Board
of Control
5. No area municipality shall have a Board of Control.
PART II
Incorporation and Establishment
OF THE Regional Council
coSoration 6-— (1) On the 15th day of October, 1973, the inhabitants
constituted of the Regional Area are hereby constituted a body cor-
porate under the name of "The Regional Municipality of Peel".
nmnici^aiit (^) ^^^ Regional Corporation shall be deemed to be a
under municipality for the purposes of The Municipal Affairs Act
cc. 118, 323 ' and The Ontario Municipal Board A ct.
Regional
Area deemed
judicial
district
R.S.0. 1970,
c.230
(3) On and after the 1st day of January, 1974, the Regional
Area shall for all judicial purposes be deemed to be a county
and be known as the Judicial District of Peel, and for the
purposes of The Jurors Act any reference to the warden shall
be deemed to be a reference to the chairman and any reference
to the treasurer of the county shall be deemed to be a reference
to the treasurer appointed under this Act for the Regional
Corporation.
138
13
(4) Nothing in this Act shall be deemed to alter the ^^®|^s^<^ry.^^
boundaries of any registry or land titles division.
(5) Every person who held an office or appointment under ^ppo^^i*-^
any Act on the 31st day of December, 1973, in and for the county of Peei
Q66iri6Q
County of Peel shall be deemed, so long as he continues to appointments
hold such office or appointment, to hold such office or appoint- ofstrictof
ment on and after the 1st day of January, 1974, in and for the^®®^
Judicial District of Peel.
7. — (1) The powers of the Regional Corporation shall bccoulfcn^to
exercised by the Regional Council and, except where otherwise corporate
provided, the jurisdiction of the Regional Council is confined powers
to the Regional Area.
(2) Except where otherwise provided, the powers of the^^^^r^^^
Regional Council shall be exercised by by-law. byby-iaw
(3) A by-law passed by the Regional Council in the exercise ^^^g'j^^^^^g
of any of its powers and in good faith shall not be open to 'I'lreasonabie
question, or be quashed, set aside or declared invalid either
wholly or partly, on account of the unreasonableness or
supposed unreasonableness of its provisions or any of them.
8. — (1) The Regional Council shall consist of twenty-two ^om^^smon
members composed of a chairman and, council
(a) in the year 1973, the mayor-elect of each area
municipality and thereafter the mayor of each area
municipality ;
(b) nine members of council from the City of Mississauga
being the remainder of the council of the City ;
(c) five members of council from the City of Brampton
elected by wards as members of the Regional Council
and such city council ; and
{d) four members of council from the Town of Albion
elected by wards as members of the Regional Council
and such town council.
(2) The members elected to the Regional Council in the^®[™°f
year 1973 shall hold office for the years 1973, 1974, 1975 and"
1976.
9. — (1) The chairman shall be appointed by the Lieutenant ^PP°i°f*^"
Governor in Council before the 15th day of October, 1973,chairmanby
to hold office at pleasure during the years 1973 to 1976 inclusive Governor in
and until his successor is elected or appointed in accordance
with this Act, and the chairman appointed under this sub-
section shall be paid out of the Consolidated Revenue Fund
such remuneration and other expenses as the Lieutenant
Governor in Council may determine.
138
14
chairman^ (2) At the first meeting of the Regional Council in the year
1977 and in every second year thereafter at which a quorum
is present, the Regional Council shall organize as a council and
elect as chairman one of the members of the Regional Council,
or any other person, to hold office for that year and the following
year and until his successor is appointed or elected in accor-
dance with this Act, and at such meeting the clerk shall preside
until the chairman is elected.
(3) Where a member of the council of an area municipality
Where
chairman
member of becomes chairman, he shall be deemed to have resigned as
area council i r i -i i i • , •, , ,
a member of such council, and his seat on such council thereby
becomes vacant.
First
meeting 1973
t(f elect i^) ^^> ^^ ^^^ ^^^t meeting of the Regional Council in the
chairman year 1977 and any subsequent first meeting, a chairman is not
elected, the presiding officer may adjourn the meeting from
time to time, and, if a chairman is not elected at any adjourned
meeting held within one week after the first meeting, the
Lieutenant Governor in Council shall appoint a chairman to
hold office for that year and the following year and until his
successor is elected or appointed in accordance with this Act.
10. — (1) The first meeting of the Regional Council in the
year 1973 shall be held on or after the 15th day of October,
1973, at such date, time and place as the chairman may deter-
mine, and the chairman shall give to each person entitled to be
a member of the Regional Council at least forty-eight hours
notice of the date, time and place and shall preside at the
meeting.
meeting of (^) Notwithstanding any other general or special Act, the
area councils first meeting of the council of each area municipality in the
year 1974 and 1977 and in every second year thereafter shall
be held not later than the 8th day of January.
First
meeting of
Regional
Council
(3) The first meeting of the Regional Council in the year
1977 and in every second year thereafter shall be held after
the councils of 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 Regional Council.
Certificate of (4) Subject to subsection 5, a person entitled to be a member
of the Regional Council in accordance with section 8, other than
the mayor of each area municipality, shall not take his seat as a
member until he has filed with the person presiding at the first
meeting of the Regional Council that he attends a certificate
under the hand of the clerk of the area municipality that he
represents, and under the seal of such area municipality
certifying that he is entitled to be a member under such section.
138
15
(5) A person entitled to be a member of the first Regional ^^^™
Council in accordance with section 3, other than a mayor-elect
of an area municipality, shall not take his seat as a member
until he has filed with the person presiding at the first meeting
of the Regional Council that he attends a certificate under the
hand of the mayor-elect of the area municipality that he
represents, certifying that he is entitled to be a member under
such section.
(6) The chairman, before taking his seat, shall take an oath ^negiance
of allegiance in Form 1 and a declaration of qualification in and
° ^ declaration of
Form 2. qualification
(7) No business shall be proceeded with at the first meeting o/o^ce"°°
of the Regional Council until after the declarations of office
in Form 20 of The Municipal Act have been made by all ^fg^^- ^^''°'
members who present themselves for that purpose.
(8) The Regional Council shall be deemed to be organized wh^^councii
when the declarations of office have been made by a sufficient organized
number of members to form a quorum as provided for in section
11.
11. — (1) Twelve members of the Regional Council repre- Quorum,
senting all area municipalities are necessary to form a quorum
and the concurring votes of a majority of members present are
necessary to carry any resolution or other measure.
(2) Subject to subsection 3, each member of the Regional o°® ^o*^®
Council has one vote only.
(3) The chairman does not have a vote except in the event chairman
of an equality of votes.
12. Subject to section 10, all meetings of the Regional pi|^°® of
Council shall be held at such times as the Regional Council
from time to time appoints.
13. — (1) When a vacancy occurs in the office of a chairman ^^ah-malf'
who has been appointed by the Lieutenant Governor in Council,
some person shall be appointed by the Lieutenant Governor
in Council to hold office as chairman for the remainder of the
term of his predecessor.
(2) When a vacancy occurs in the office of a chairman who has idem
been elected under subsection 2 of section 9, the Regional
Council shall, at a general or special meeting to be held within
twenty days after the vacancy occurs, elect a chairman who
may be one of the members of the Regional Council, or any
other person, to hold office for the remainder of the term of his
predecessor.
138
16
other
members
Idem (3^ If the Regional Council fails to elect a chairman within
twenty days as required by subsection 2, the Lieutenant
Governor in Council may appoint a person as chairman to hold
office for the remainder of the term of his predecessor.
(4) When a vacancy occurs in the office of a member, other
than the chairman or the head of the council of an area muni-
cipality, the council of the area municipality of which he was a
member shall by by-law within thirty days after the vacancy
occurs appoint a successor, who may be a member of the
council or a person who is eligible to be elected a member of the
council, to hold office for the remainder of the term of his
predecessor.
Resignation (5^ Where a member has been elected as a member of the
Regional Council, resignation from either the Regional Council
or the council of the area municipality shall be deemed to be
resignation from both councils.
Where head (6) In the event that the head of a council of an area
of council ^ '. . .. . , .,„,,.,.
incapacitated municipality IS for any reason unable to lulhl his duties as a
member of the Regional Council for a period exceeding one
month, the council of the area municipality may by by-law
appoint one of its members as an alternate representative
to the Regional Council who shall act in the place and stead
of the head of council during his incapacity, but no such
by-law shall have effect for a period longer than one month
from its effective date.
Remunera- J 4^ — (1) Members of the Regional Council, other than
the chairman, may be paid for services performed on and
after the 1st day of January, 1974, such annual and other
remuneration as the Regional Council may determine.
Mem (2) For the year 1977 and each year thereafter, the
chairman may be paid such annual salary and other
remuneration as the Regional Council may determine.
Committees
15. — (1) The Regional Council may from time to time
establish such standing or other committees and assign to them
such duties as it considers expedient.
Remunera- (2) The Regional Council may by by-law provide for paying
committee an annual allowance to each chairman of a standing committee
except where such chairman is also the chairman of the
Regional Council.
Procedural
by-laws
16. The Regional Council may pass by-laws for governing
the proceedings of the Regional Council and any of its
committees, the conduct of its members and the calling of
meetings.
138
17
17. — (1) The chairman is the head of the Regional Council ^^*^^fj
and is the chief executive officer of the Regional Corporation.
(2) The Regional Council may by by-law appoint a chief ^^^f^igt-ra,.
administrative officer, who, tive officer
(a) shall have such general control and management of
the administration of the government and affairs of
the Regional Corporation and perform such duties
as the Regional Council by by-law prescribes;
(b) shall be responsible for the efficient administration
of all its departments to the extent that he is given
authority and control over them by by-law;
(c) shall hold office during the pleasure of the Regional
Council ; and
(d) shall receive such salary as the Regional Council
by by-law determines.
(3) Subsection 2 of section 238 of The Municipal ^ci! Amplication
applies to a chief administrative officer appointed under RS.o. i970,
subsection 2 of this section.
18. When the chairman is absent from the Regional ^^^j^^^^^
Area or absent through illness, or refuses to act, the Regional
Council may by resolution appoint one of its members to act
in his place and stead, and such member shall have and
may exercise all the rights, powers and authority of the
chairman during such absence or refusal to act.
19.— (1) Sections 192, 193, 195, 197, 198, 259, 281 to Appncation^
286 and 390 of The Municipal Act apply mutatis mutandis c.2M
to the Regional Corporation.
(2) Sections 190, 200, 201 and 243 of The Municipal /IdWem
apply mutatis mutandis to the Regional Council and to every
local board of the Regional Corporation.
20. — (1) The Regional Council shall appoint a clerk, whose ^pp'^^^j*'"
duty it is, clerk
{a) to record truly without note or comment, all
resolutions, decisions and other proceedings of the
Regional Council ;
(b) if required by any member present, to record the
name and vote of every member voting on any
matter or question ;
(c) to keep in his office, or in the place appointed for that
purpose, the originals of all by-laws and of all minutes
of the proceedings of the Regional Council and its
committees ; and
138
18
Deputy
clerk
Acting
clerk
Acting
clerk, first
meeting
Minutes
open to
inspection
Index of
by-laws
affecting
land
Copies
certified by
clerk to be
receivable in
evidence
{d) to perform such other duties as may be assigned to
him by the Regional Council.
(2) The Regional Council may appoint a deputy clerk
who shall have all the powers and duties of the clerk.
(3) When the office of clerk is vacant or the clerk is unable
to carry on his duties through illness or otherwise, the Regional
Council may appoint an acting clerk pro tempore who shall
have all the powers and duties of the clerk.
(4) The chairman appointed under subsection 1 of section 9
shall appoint an acting clerk who shall have all the powers
and duties of the clerk for the purposes of the first meeting
of the Regional Council in the year 1973 and thereafter and
until the Regional Council appoints a clerk under this section.
21. — (1) Any person may, at all reasonable hours, inspect
any of the records, books or documents in the possession
or under the control of the clerk, except interdepartmental
correspondence and reports of officials of any department or
of solicitors for the Regional Corporation made to the
Regional Council or any of its committees, and the clerk
within a reasonable time shall furnish copies of them or
extracts therefrom certified under his hand and the seal of the
Regional Corporation to any applicant on payment at the
rate of 15 cents for every 100 words or at such lower rate
as the Regional Council may fix.
(2) The clerk shall keep an index book in which he shall
enter the number and date of all by-laws passed by the
Regional Council that affect land or the use thereof in the
Regional Area but do not directly affect the title to land.
(3) A copy of any record, book or document in the possession
or under the control of the clerk, purporting to be certified
under his hand and the seal of the Regional Corporation,
may be filed and used in any court in lieu of the original, and
shall be received in evidence without proof of the seal or of the
signature or official character of the person appearing to have
signed the same, and without further proof, unless the court
otherwise directs.
'Vtrea^urer"* ^^' — (^) '^^^ Regional Council shall appoint a treasurer
who shall keep the books, records and accounts, and prepare
the annual financial statements of the Regional Corporation
and preserve and file all accounts of the Regional Corporation
and shall perform such other duties as may be assigned to
him by the Regional Council.
Deputy (2) The Regional Council may appoint a deputy treasurer
who shall have all the powers and duties of the treasurer.
138
19
(3) When the office of the treasurer is vacant or the treasurer treasurer
is unable to carry on his duties, through illness or otherwise,
the Regional Council may appoint an acting treasurer pro
tempore who shall have all the powers and duties of the treasurer.
23. — (1) The treasurer shall receive and safely keep all ^1^^^^^^^^^^^^
money of the Regional Corporation and shall pay out money of money
to such persons and in such manner as the law in force in Ontario
and the by-laws or resolutions of the Regional Council direct,
provided that every cheque issued by the treasurer shall be
signed by the treasurer and by some other person or persons
designated for the purpose by by-law or resolution of the
Regional Council, and any such other person before signing a
cheque shall satisfy himself that the issue thereof is authorized.
(2) Notwithstanding subsection 1, the Regional Council ^^l^j^i^ of
may by by-law,
(«) designate one or more persons to sign cheques in
lieu of the treasurer ; and
{h) provide that the signature of the treasurer and of any
other person authorized to sign cheques may be
written or engraved, lithographed, printed or other-
wise mechanically reproduced on cheques.
(3) The Regional Council may by by-law provide that the Petty cash
treasurer may establish and maintain a petty cash fund of an
amount of money sufficient to make change and pay small
accounts, subject to such terms and conditions as the by-law
may provide.
(4) Except where otherwise expressly provided by this Act,when^^^^^^
a member of the Regional Council shall not receive any rnoney i>| paid
from the treasurer for any work or service performed or to be
performed, but nothing in this subsection prevents the pay-
ment of any moneys under any contract in respect of which
the member has complied with section 2 of The Municipal
Conflict of Interest Act, 1972.
(5) The treasurer is not liable for money paid by him in ^awfity^'"^
accordance with a by-law or resolution of the Regional Council, limited
unless another disposition of it is expressly provided for by
statute.
24. Subject to subsection 3 of section 23, the treasurer shall, ^cc'Jjunts
{a) open an account or accounts in the name of the
Regional Corporation in such of the chartered banks
of Canada or at such other place of deposit as may be
approved by the Regional Council ;
{b) deposit all money received by him on account of the
Regional Corporation, and no other money, to the
138
20
Monthly
statement
Notice to
sureties
credit of such account or accounts, and no other
account ; and
(c) keep the money of the Regional Corporation entirely
separate from his own money and from that of any
other person,
and, notwithstanding subsection 1 of section 23, the Regional
Council shall not by by-law or resolution direct any variance
from the provisions of this section, nor shall the treasurer vary
from such provisions.
25. — (1) The treasurer shall prepare and submit to the
Regional Council, monthly, a statement of the money at the
credit of the Regional Corporation.
(2) Where the treasurer is removed from office or absconds,
the Regional Council shall forthwith give notice to his sureties.
ofaudftm^"^ ^^* — ^^) ^^^ Regional Council shall by by-law appoint one
or more auditors who shall be persons licensed by the Ministry
as municipal auditors and who shall hold office during good
behaviour and be removable for cause upon the vote of two-
thirds of the members of the Regional Council, and the auditor
or auditors so appointed shall audit the accounts and trans-
actions of the Regional Corporation and of every local board
of the Regional Corporation, except school boards.
Cost of
audit
Disqualifica-
tion of
auditors
Duties of
auditors
Pensions
(2) Where an auditor audits the accounts and transactions
of a local board, the cost thereof shall be paid by the Regional
Corporation and charged back to the local board, and, in the
event of a dispute as to the amount of the cost, the Ministry
may upon application finally determine the amount thereof.
(3) No person shall be appointed as an auditor of the
Regional Corporation who is or during the preceding year was
a member of the Regional Council or of the council of an area
municipality or of any local board, the accounts and trans-
actions of which it would as auditor be his duty to audit,
or who has or during the preceding year had any direct or
indirect interest in any contract with the Regional Corporation
or an area municipality or any such local board, or any
employment with any of them other than as an auditor.
(4) An auditor shall perform such duties as are prescribed
by the Ministry and also such duties as may be required by the
Regional Council or any local board of the Regional Cor-
poration that do not conflict with the duties prescribed by the
Ministry.
27. — (1) Where the Regional Corporation or a local board
thereof employs a person theretofore employed by a local
municipality or a local board thereof within the Regional Area
138
21
or by the County of Peel or a local board thereof, the Regional
Coqx)ration or a local board thereof shall be deemed to have
elected to participate in the Ontario Municipal Employees
Retirement System on the day this Part comes into force in
respect of the employee if such employee was or was entitled
to be a member of the Ontario Municipal Employees Retirement
S3^tem on the day immediately preceding his employment with
the Regional Corporation or local board thereof and such
employee shall have uninterrupted membership or entitlement
to membership, as the case may be, in the Ontario Municipal
Employees Retirement Sj^tem.
(2) Where the Regional Corporation or a local board thereof ^^®™
is required to employ a person theretofore employed by a local
municipality or a local txjard thereof wathin the Regional Area,
the employee shall be deemed to remain an employee of the
local municipality or local board thereof for the purposes of his
entitlement under any approved pension plan or supplementary
plan.
(3) Where the Regional Corporation or a local board there- ^If^j?*^®
of is required to emplo}' a person theretofore employed by a
local municipality or a local board thereof within the Regional
Area or by the County of Peel or a local board thereof, the
employee shall be deemed to remain an employee of the
municipality- or local board thereof until the Regional Cor-
poration or local board thereof has established a sick leave
credit plan for its employees, and the employees are entitled to
receive such benefits from the Regional Corporation, where-
upon the Regional Corporation or local board thereof shall
place to the credit of the employee the sick leave credits stand-
ing to his credit in the plan of the raunicip)ality or local board
thereof.
(4) Where the Regional Corporation or a local board thereof HoUdays
is required to employ a person theretofore employed by a local
municipality or a local board thereof within the Regional Area
or by the County of Peel or a local board thereof the Regional
Corporation or local board thereof shall, during the first \ear
of his emplojTTient by the Regional Corporation or local
board thereof, proN-ide for such employee's holidays with pay
equivalent to those to which he would have been entitled if
he had remained in the emplo>Tnent of the municipality or
local board thereof.
(5) The Regional Council shall offer to employ ever>- person ^|'io;^ent
who, on the 1st day of April, 1973, is employed by the County
of Peel or by any local board thereof or in any undertaking
of, or operated on behalf of, any local municipality or local
board that is assumed by the Regional Corporation under this
Act and who continues to be so employed until the 31st day of
December, 1973.
138
22
Entitlement (5) Any person who accepts employment offered under
subsection 5 shall be entitled to receive a wage or salary
up to and including the 31st day of December, 1974, of not less
than he was receiving on the 1st day of April, 1973.
Application (7) x^g Regional Corporation shall be deemed to be a
RS.O.1970, municipality for the purposes of The Ontario Municipal
Employees Retirement System Act.
Offer of (8) The employees of the local municipalities and the local
boards thereof within the Regional Area, which are amalgamated
or annexed in whole or in part to form an area municipality,
who were employed by such a local municipality or local board
on the 1st day of April, 1973 and who continue to be so
employed until the 31st day of December, 1973, except
employees offered employment by the Regional Council under
subsection 5, shall be offered employment by the council of
the area municipality with which they are amalgamated or to
which they are annexed and any person accepting employment
under this subsection shall be entitled to receive a wage or
salary, up to and including the 31st day of December, 1974,
not less than he was receiving on the 1st day of April, 1973.
Sick leave
credits
Holidays
Pension
rights and
sick leave
credits
(9) Any sick leave credits standing, on the 31st day of
December, 1973, to the credit of any person who accepts
employment under subsection 8 shall be placed to the
credit of such einployee in any sick leave credit plan established
by the new employer.
(10) Any person who accepts employment under subsection
8 shall be entitled to receive during the first year of his
employment such holidays with pay equivalent to those to
which he would have been entitled if he had remained in the
employment of the local municipality or local board by which
he was formerly employed.
(11) Where under the provisions of this section any employee,
in the opinion of the Minister, experiences any difficulty
or hardship with regard to the transfer of any pension rights
or sick leave credits, the Minister may by order do anything
necessary to remedy or alleviate such difficulty or hardship.
Termination (12) Nothing in this section prevents any employer from
employment terminating the employment of an employee for cause.
PART III
Regional Road System
28. In this Part,
Interpre-
tation
{a) "approved" means approved by the Minister or of a
type approved by the Minister ;
138
23
(b) "construction" includes reconstruction ;
(c) "maintenance" includes repair ;
(d) "Minister" means the Minister of Transportation and
Communications ;
{e) "Ministry" means the Ministry of Transportation
and Communications ;
(/) "road authority" means a body having jurisdiction
and control of a highway.
29. — (1) On and after the 1st day of January, 1974, all countyjoads
roads on the 31st day of December, 1973, under the jurisdiction regional road
and control of the County of Peel shall constitute the regional
road system together with those roads under the jurisdiction
and control of the County of Halton that are included within
the area municipality of the City of Mississauga.
(2) The Regional Council may by by-law from time to time Adding or
-^ ■^ ^ rcmovinff
add roads to or remove roads from the regional road system, roads by
including such boundary line roads or portions thereof between ^' *^
the Regional Area and an adjoining county, regional or metro-
politan municipality as may be agreed upon between the
Regional Council and the council of such adjoining municipality.
(3) The Lieutenant Governor in Council may transfer any Transfer of
highway under the jurisdiction and control of the Ministry highway to
within the Regional Area to the Regional Corporation and the corporation
highway shall for all purposes be deemed to be part of the
regional road system on such date as is designated by the
Lieutenant Governor in Council and to have been transferred
under section 26 of The Public Transportation and Highway ^Ijf ' ^^™'
Improvement A ct.
(4) Where a road or part thereof forms part of the regional ^^^^g^^ °^
road system, jurisdiction and control and the soil and freehold •'egionai road
r iiT-.- 1/- • system
thereof are vested m the Regional Corporation.
(5) The Lieutenant Governor in Council may remove any ^®^^°^^Jj^f
road from the regional road system. regional road
" •' system
(6) Where a road or a part thereof is removed from thej^^^^^^j^^.^^
regional road system, except by reason of it being stopped-up system
pursuant to subsection 1 of section 39, such road or part is
thereupon transferred to and the jurisdiction and control
and the soil and freehold thereof is thereupon vested in the
area municipality in which it is situate, and the area muni-
cipality may sue upon any rights or under any agreements or
by-laws in the same manner and to the same extent as the
Regional Corporation in respect of such road.
138
24
Consolidat-
ing by-laws
i^ndacquinjd (^) Notwithstanding subsection 10, where the Regional
forwidenint? Corporation acquires land for the purpose of widening a
regional road -111,1 . ^ ^ °
regional road, the land so acquired, to the extent of the
designated widening, forms part of the road and is included
in the regional road system.
Idem (8) When land abutting on a regional road is dedicated for,
or apparently for, widening the regional road, the land so
dedicated is part of the regional road and the jurisdiction
and control and the soil and freehold thereof is vested in
the Regional Corporation subject to any rights in the soil
reserved by the person who dedicated the land.
(9) The Regional Council shall, on or before the 1st day
of May, 1979, pass a by-law consolidating all by-laws re-
lating to the regional road system, and shall at intervals
of not more than five years thereafter pass similar con-
solidating by-laws.
by-^aws*^°^ (10) Every by-law passed under this section shall be
submitted to the Minister for approval by the Lieutenant
Governor in Council and the Lieutenant Governor in Council
may approve the by-law in whole or in part and, where the
by-law is approved in part only, it shall be in force and
take effect only so far as approved, but it shall not be
necessary for the Regional Council to pass any further by-law
amending the original by-law or repealing any part thereof
that has not been approved, and every such by-law as
approved is in force and effect on and after the day named
by the Lieutenant Governor in Council.
Aroiication of (U) The Regulations Act does not apply to an order in
council made under this section.
c. 410
Plans of
construction . i r •
and construction and maintenance, and from time to time
thereafter shall adopt such other plans as may be necessary.
30. The Regional Council shall adopt a plan of road
Furnishing of 3 J Where the Regional Corporation proposes the con-
information " ^ r t-
to Minister struction, improvement or alteration of a regional road,
it shall furnish the Minister with such detailed information
as he may require.
Contribution 32, Where a contribution has been made from any source
expenditures whatsoever towards an expenditure made under the provisions
al)?'^^'°' o^ section 84^ of The Public Transportation and Highway
Improvement Act, the amount of such contribution shall be
deducted from the expenditure in the statement submitted
to the Minister unless the Minister otherwise directs.
Maintenance
and repair
33. The roads included in the regional road system shall
be maintained and kept in repair by the Regional Corporation.
138
25
34. The Regional Corporation has, in respect of the roads Power over
included in the regional road system, all the rights, powers, assumed
benefits and advantages conferred, and is subject to all
liabilities imposed, either by statute, by-law, contract or
otherwise upon The Corporation of the County of Peel or the
County of Halton or the corporation of the area municipality
or the corporations of two or more area municipalities which
had jurisdiction over the roads before they became part of the
regional road system, and the Regional Corporation may sue
upon such rights or under such contracts or by-laws in the
same manner and to the same extent as the County of Peel
or the County of Halton or the area municipality or munici-
palities as the case may be, might have done if the roads
had not become part of the regional road system.
35. — (1) The Regional Corporation is not by reason of a f^^^'^'t^J^^
road forming part of the regional road system under this
Act liable for the construction or maintenance of side-
walks on any road or portion thereof in the regional road
system, but the area municipality in which such sidewalks
are located continues to be liable for" the maintenance of such
sidewalks and is responsible for any injury or damage arising
from the construction or presence of the sidewalks on such
road or portion thereof to the same extent and subject to the
same limitations to which an area municipality is liable under
section 427 of The Municipal Act in respect of a sidewalk on aR-SOis^o,
road over which a council has jurisdiction.
(2) An area municipality may construct a sidewalk, or other Area
miiiiici"
improvement or service on a regional road, and the Regional paii ties may
Corporation may contribute to the cost of such sidewalk, sidewalks,
improvement or service, but no such work shall be undertaken ^^^'
by an area municipality without first obtaining the approval
of the Regional Council expressed by resolution.
(3) The cost of any such sidewalk, improvement or service how cost
/ , f 1 provided
constructed on a regional road may be met out of the general
funds of the area municipality or the work may be under-
taken in whole or in part as a local improvement under
The Local Improvement Act. c.'255 '
(4) An area municipality when constructing such sidewalk, ^ream^unici-
improvement or service on a regional road shall conform confprm to
to any requirements or conditions imposed by the Regional and be
Council and is responsible for any injury or damage arising for damag^es
from the construction or presence of the sidewalk, improvement
or service on the road.
36. — (1) The Regional Corporation may construct, install, ^°^^^^^J'^°"
maintain or remove any works on a highway, other than a control
(16V1CGS
road under the jurisdiction and control of the Ministry,
including traffic control devices, for the purpose of altering
138
26
or regulating the flow of traffic upon entering or leaving a road
in the regional road system.
interaecting^ (^) ^^^ Regional Corporation may relocate, alter or divert
roads any public road, other than a road under the jurisdiction
and control of the Ministry, entering or touching upon or giving
access to a road in the regional road system.
Idem
Construction
of sidewalk,
etc., on area
municipality
road
R.S.0. 1970,
C.255
(3) Where, in relocating, altering or diverting a public
road under subsection 2, the Regional Corporation constructs
a new road in lieu of the public road, the Regional Corporation
may close the public road at the point of intersection with
the regional road and may, by by-law vest the new road
and the soil and freehold and jurisdiction and control thereof
in the area municipality in which it is situate.
(4) Where the Regional Corporation constructs a sidewalk,
improvement or service on a road under the jurisdiction and
control of an area municipality, the area municipality may
contribute to the cost of such sidewalk, improvement or
service and the work may be undertaken in whole or in part
under The Local Improvement Act.
Intersection 37, Where a regional road intersects a road that is under
of other roads .... ^ ....
by regional the ]urisdiction and control of an area municipality, the
continuation of the regional road to its full width across
New roads
R.S.0. 1970,
c. 284
Powers and
liabilities
of Regional
Corporation
R.S.0. 1970,
cc. 284, 202
Establish-
ment of
bus lanes
the road so intersected is a part of the regional road system.
38. The Regional Council may pass bj. laws for establishing
and laying out new roads and for amending the by-law
passed under section 29 by adding such new roads to the
regional road system, and the provisions of The Municipal
Act with respect to the establishment and laying out of
highways by municipalities apply mutatis mutandis.
39. — (1) With respect to the roads in the regional road
system and the regulation of traffic thereon, the Regional
Corporation has all the powers conferred, and is subject
to all the liabilities imposed, upon the council or corporation
of a city by The Municipal Act, The Highway Traffic Act and any
other Act with respect to highways.
(2) The Regional Council or the council of any area
municipality may by by-law designate any lane on any road
over which it has jurisdiction as a lane solely or principally
for use by public transit motor vehicles and prohibit or
regulate the use thereof by vehicles other than public
transit vehicles to such extent and for such period or periods
as may be specified, and for the purposes of this subsection
"public transit motor vehicle" means a motor vehicle owned
and operated by, for or on behalf of the Regional Corporation
or any area municipality as part of its passenger transporta-
tion service.
138
27
40. — (1) The Regional Council may by by-law prohibit gl^won of
or regulate the placing or erecting of, pumpand
'^ r o o ' advertising
device near
{a) any gasoline pump within 150 feet of any limit of a""®^^""^
regional road ;
{b) any sign, notice or advertising device within one
quarter mile of any limit of a regional road.
(2) A by-law passed under this section may provide for the^®^"^*'^
issuing of permits for the placing or erecting of any
gasoline pump, sign, notice or advertising device and may
prescribe the form, terms and conditions thereof and the
fees to be paid therefor.
41. — (1) No by-law passed by an area municipality for the ^^y-^aws of ^
regulation of traffic on a highway under the jurisdiction andpaiities
. . . regulating
control of the area municipality, except a by-law for the traffic
regulation of parking, shall come into force unless it has been
approved by the Regional Council before it is submitted for
approval under The Highway Traffic Act. a'fd2^' ^^™'
(2) All signal-light traffic control devices heretofore orSi^ai-
hereafter erected on a highway under the jurisdiction and
control of an area municipality shall be operated, or erected and
operated, in the manner prescribed by by-law of the Regional
Council, and the Regional Council may delegate any of its
powers in respect of the operation of such devices to an
officer of the Regional Corporation designated in the by-law.
(3) The Regional Corporation may contribute toward the^°°*J^'
cost of the erection of signal-light traffic control devices towards costs
.... of signal-
erected by an area municipality. lights
(4) Subject to The Highway Traffic Act, the Regional Jj^^^j
Council may pass by-laws to regulate traffic on any highway withinjoo^feet
under the jurisdiction and control of an area municipality roads
for a distance of 100 feet on either side of the limit of a
regional road, and, where there is any conflict between such a
by-law and a by-law of an area municipality, the by-law
passed under this subsection prevails to the extent of such
conffict.
42. The Regional Council may by by-law authorize Agreements
agreements between the Regional Corporation and the walks
owners or lessees of land abutting on a highway for the
construction, maintenance and use of walks for pedestrians
over, across or under the highway upon such terms and
conditions as may be agreed and for contributing to the whole
or any part of the cost thereof, and for leasing or licensing
138
28
the use of untravelled portions of such walks and adjoining
lands to persons for such considerations and upon such terms
and conditions as may be agreed.
Kmain-*^ 43.— (1) Sections 436 and 438 of The Municipal Act do
tenance, etc., not apply to a bridge or highway crossing or forming a
and highways boundary between the Regional Area and an adjoining
R.s^o. 1970, municipality where such bridge or highway is included in the
regional road system and in the road system of the munici-
pahty.
Idem
Hearing
by O.m:
(2) Where there is a difference between the Regional
Council and the council of a municipality in respect of any
such bridge or highway as to the corporation upon which
the obligation rests for the constructing or maintaining of the
bridge or highway, or as to the proportions in which the
corporations should respectively contribute thereto, or where
the Regional Council and the council of the municipality are
unable to agree as to any action, matter or thing to be taken
or done in respect of such bridge or highway, every such
difference shall be determined by the Municipal Board upon an
application by the Regional Corporation or the corporation
of the municipality.
(3) The Municipal Board shall appoint a day for the
hearing of the application, of which ten days notice in writing
shall be given to the clerk of each municipality and of the
Regional Corporation, and shall, at the time and place appointed,
hear and determine all matters in difference between the
municipalities in regard to such bridge or highway, and
the Municipal Board may make such order with respect to
the same as it may consider just and proper, and may by
the order fix and determine the amount or proportion that
each municipality shall pay or contribute toward the
building and maintaining of such bridge or highway.
order °*^ (4) An order made by the Municipal Board under this
section is binding upon the municipalities for such period as the
Municipal Board may determine, and is final and conclusive.
Boundary 44 Clause h of subsection 1 of section 403 of The Municipal
bridges ------- r
between area Act does not apply to a bridge over a river, stream, pond
paiities or lake forming or crossing a boundary line between area
municipalities, and the councils of the area municipalities on
either side of such boundary line have joint jurisdiction
over every such bridge that is not included in the regional
road system.
Boundary
bridges
between
45. Section 418 of The Municipal Act does not apply to
a bridge over a river, stream, pond or lake forming or crossing
mun*cipauty a boundary line between the Regional Area and an adjoining
138
29
municipality, and the councils of the area municipality and the
adjoining local municipality on either side of such boundary
line have joint jurisdiction over every such bridge that is not
included in the regional road system.
46. — (1) The Regional Council has, with respect to all Restrictions
land lying within a distance of 150 feet from any limit of a
regional road, all the powers conferred on the council of a
local municipality by section 35 of The Planning Act. 0/349'
(2) In the event of conflict between a by-law passed under cor^ict^^
subsection 1 by the Regional Council and a by-law passed under by-iaws
section 35 of The Planning Act or a predecessor of such
section by the council of a local municipality that is in
force in the area municipality in which the land is situate,
the by-law passed by the Regional Council prevails to the
extent of such conflict.
47. — (1) The Regional Council may by by-law designate contojiie^-^
any road in the regional road system, or any portion thereof,
as a controlled-access road.
(2) Subject to the approval of the Municipal Board, the^io^^sf^j
Regional Council may by by-law close any municipal road roads
that intersects or runs into a regional controlled-access
road.
(3) The Municipal Board may direct that notice of anyNotice^of^^
application for approval of the closing of a road under this for approval
section shall be given at such time, in such manner and to such road
persons as the Municipal Board may determine, and may
further direct that particulars of objections to the closing
shall be filed with the Municipal Board and the Regional
Corporation within such time as the Municipal Board shall
direct.
(4) Upon the hearing of the application for approval ofg^j|^®^°f
the closing of a road, the Municipal Board may make such
order as it considers proper refusing its approval or granting
its approval upon such terms and conditions as it considers
proper, and any order of the Municipal Board approving of
the closing of a road may contain provisions,
{a) determining the portion or portions of the road
that shall be closed ;
(6) providing for the payment of the costs of any person
appearing on such application and fixing the amount
of such costs ; and
(c) providing for the doing of such other acts as in the
circumstances it considers proper.
138
30
Closing
road
(5) Upon the approval of the Municipal Board being so
obtained but subject to the provisions of the order of the
Municipal Board made on the application for such approval,
the Regional Corporation may do all such acts as may be
necessary to close the road in respect of which the application
is made.
Appeal
(6) The Regional Corporation, or any person including an
area municipality, that has filed particulars of an objection
may, with the leave of the Divisional Court, appeal to that
court from any order made under subsection 4.
Time for
appeal
(7) Application for leave to appeal shall be made within
thirty days after the date of the determination or order
of the Municipal Board subject to the rules of the court
as to vacations.
Leave to
appeal
(8) The leave may be granted on such terms as to the
giving of security for costs and otherwise as the court may
consider just.
procedure"^ (9) ^^^ practice and procedure as to the appeal and
on appeal matters incidental thereto shall be the same, mutatis mutandis,
as upon an appeal from a county court, and the decision
of the Divisional Court is final.
^Iga's^gs'' (10) Section 95 of The Ontario Municipal Board Act does
not to apply not apply to an appeal under this section.
ete.^opening^' ^^' ^^^ Regional Council may pass by-laws prohibiting
controlfed"*^ °^ regulating the construction or use of any private road,
access road eutranceway, structure or facility as a means of access to a
regional controlled-access road.
Notice
49. — (1) The Regional Corporation may give notice to the
owner of any land requiring him to close up any private
road, entranceway, structure or facility constructed or used
as a means of access to a regional controlled-access road
in contravention of a by-law passed under section 48.
Service
of notice
(2) Every notice given under subsection 1 shall be in
writing and shall be served personally or by registered mail,
and in the case of service by registered mail shall be deemed
to have been received on the fifth day following the mailing
thereof.
Failure (3) Where the person to whom notice is given under
to COItlDlv . .
with notice subsection 1 fails to comply with the notice within thirty
days after its receipt, the Regional Council may by resolution
direct any officer, employee or agent of the Regional Corporation
138
31
to enter upon the land of such person and do or cause
to be done whatever may be necessary to close up the private
road, entrance way, structure or facility as required by notice.
(4) Every person who fails to comply with a notice given o^®'^^®
under subsection 1 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 a first offence and to a fine of not less than
$50 and not more than $500 for a second or subsequent
offence.
(5) Where a notice given under subsection 1 has beenCompensa-
complied with, no compensation is payable to the owner of
the land unless the private road, entranceway, structure or
facility constructed or used as a means of access to a controlled-
access road designated under subsection 1 of section 47 was
constructed or used, as the case may be,
(a) before the day on which the by-law designating the
road as a controlled-access road became effective; or
(b) in compliance with a by-law passed under section 48,
in which case the making of compensation is subject
to any provisions of such by-law.
50. — (1) Subject to subsection 2, no area municipality ^®||J*j^?;^
shall have any right to compensation or damages for any where road
, r ■ c ^ -11 forms part
road formmg part of the regional road system. of system
(2) Where a road forms part of the regional road system, i<^em
the Regional Corporation shall thereafter pay to the area
municipality before the due date all amounts of principal
and interest becoming due upon any outstanding debt of the
area municipality in respect of such road, but nothing in
this subsection requires the Regional Corporation to pay that
portion of the amounts of principal and interest that under
The Local Improvement Act is payable as the owners' share ^-^O- 1^'^^-
of a local improvement work.
(3) Where the Regional Corporation fails to make any^efa'^it
payment required by subsection 2, on or before the due date,
the area municipality may charge the Regional Corporation
interest at the rate of 12 per cent per annum thereon, or such
lower rate as the council of the area municipality determines,
from such date until payment is made.
(4) In the event of any doubt as to whether any out- ^^^^'^glg
standing debt or portion thereof is a debt in respect of the
road forming part of the regional road system, the Muni-
cipal Board, upon application, may determine the matter
and its decision is final.
138
32
Stopping-up
highways
Agreement
51.— (1) Where an area municipality intends to stop up a
highway or part of a highway, it shall so notify the Regional
Corporation by registered mail.
(2) If the Regional Council objects to such stopping up,
it shall notify the council of the area municipality by regis-
tered mail within sixty days of the receipt of the notice
required under subsection 1 and the highway or part thereof
shall not be stopped up except by agreement between the
area municipality and the Regional Council and failing agree-
ment the Municipal Board, upon application, may determine
the matter and its decision is final.
Appointment 52. The Regional Council shall by by-law appoint a per-
of roads ,. r-i • -j^j --i
commissioner SOU, who IS a professional engmeer registered as a civil engineer
^■fee^"^^'"' under The Professional Engineers Act to administer and
manage the regional road system.
Amplication 53^ Sections 92, 94, 96, 99 and 102 of The Public Trans-
R.s.o. 1970, portation and Highway Improvement Act apply mutatis mutandis
with respect to any road in the regional road system.
PART IV
Planning
Planning 54. — (1) On and after the 1st day of January, 1974, the
R.s.o. 1970, Regional Area is defined as, and shall continue to be, a joint
planning area under The Planning Act to be known as the
Peel Planning Area.
0.349
Designated (2) The Regional Corporation is the designated munici-
municipality ;. ' . , . f . r t^, t-,, a ,c .^
pality withm the meaning of The Planning Act for the purposes
of the Peel Planning Area.
Planning
areas
dissolved
(3) All planning areas and subsidiary planning areas that
are included in the Peel Planning Area together with the
boards thereof are hereby dissolved on the 31st day of
December, 1973.
Area munici-
palities
subsidiary
planning
areas
Proviso
(4) Each area municipality is constituted a subsidiary
planning area effective the 1st day of January, 1974, and
the council thereof shall have all the powers of a planning
board under The Planning Act and no area municipality shall
establish a planning board.
(5) Nothing in subsections 3 and 4 affects any official
plan in effect in any part of the Regional Area.
138
33
(6) When the Minister has approved an official P^^^^^cilipism
adopted by the Regional Council,
(a) every official plan and every by-law passed under
section 35 of The Planning Act or a predecessor ^l^^- ^^''°'
thereof then in effect in the planning area affected
thereby shall be amended forthwith to conform there-
with; and
(b) no official plan of a subsidiary planning area shall
be approved that does not conform therewith.
55. — (1) The Regional Council shall investigate and survey Planning
the physical, social and economic conditions in relation to the of Regional
development of the Peel Planning Area and may perform
such other duties of a planning nature as may be referred
to it by any council having jurisdiction in the Peel Planning
Area, and without limiting the generality of the foregoing
shall,
(a) prepare maps, drawings, texts, statistical information
and all other material necessary for the study, ex-
planation and solution of problems or matters affect-
ing the development of the Peel Planning Area;
(b) hold public meetings and publish information and
all other material necessary for the study, explana-
tion and solution of problems or matters affecting
the development of the Peel Planning Area; and
(c) consult with any local board having jurisdiction
within the Peel Planning Area.
(2) The Regional Council, before the 31st day of December, °^^i^i
1976, shall prepare, adopt and forward to the Minister for
approval an official plan for the Regional Area.
(3) The Regional Council and the council of each area ^/'Pj°^^^-]J|°*
municipality may appoint such planning committees and staff
staff as it considers necessary.
(4) Subject to this Part, the Regional Corporation shall gegionai^^^
be deemed to be a municipality and the Regional Council adeemed
planning board for the purposes of section 1, subsections 4, under
6 and 7 of section 2, sections 5, 13, 14, 15, 16, 17, 19, 20,^349 '
21, 25, 26, 27, 33, 43 and 44 of The Planning Act.
(5) The Regional Corporation shall be deemed to be a idem
county for the purposes of section 39 of The Planning Act.
138
34
Agreements
re plans of
subdivision
(6) The Regional Corporation may enter into agreements
with area municipalities or persons relating to approval of
plans of subdivision.
Agreements
re special
studies
(7) The Regional Corporation, with the approval of the
Minister, may enter into agreements with any governmental
authority, or any agency thereof, created by statute for the
carrying out of studies relating to the Peel Planning Area
or any part thereof.
Delegation
of Minister's
powers
R.S.0. 1970,
C.349
(8) The Lieutenant Governor in Council may, upon the
recommendation of the Minister, delegate to the Regional
Council any of the Minister's powers of approval under The
Planning Act.
Committees
of
adjustment
(9) All committees of adjustment heretofore constituted
by the council of a local municipality in the Peel Planning
Area are hereby dissolved on the 31st day of December,
1973, and the council of each area municipality shall forth-
with after the 1st day of January, 1974, pass a by-law con-
stituting and appointing a committee of adjustment under
section 41 of The Planning Act, but notwithstanding the
provisions of such Act no such committee shall have any
authority to grant consents referred to in section 29 of such
Act.
Land
division
committee
(10) On or before the 1st day of January, 1974, the Regional
Council shall, without notice from the Minister, constitute
and appoint a land division committee composed of such
number of persons not fewer than three as the Regional Council
considers advisable, to grant consents referred to in section 29
of The Planning Act.
Application
of
R.S.0. 1970,
c.349
56. Except as provided in this Part, the provisions of
The Planning Act apply to the Regional Corporation.
Liability
for hospital-
ization of
indigents
R.S.0. 1970,
cc. 378, 361
PART V
Health and Welfare Services
57. — (1) The Regional Corporation shall be deemed to be
a city for all the purposes of the provisions of The Public
Hospitals Act and The Private Hospitals Act respecting hospi-
talization and burial of indigent persons and their dependants,
and no area municipality has any liability under such pro-
visions.
Existing
liabilities
transferred
(2) The Regional Corporation is liable for the hospitaliza-
tion and burial, after the 31st day of December, 1973, of an
indigent person or his dependant who was in hospital on the
138
35
31st day of December, 1973, and in respect of whom any
local municipality within the Regional Area was liable because
the indigent person was a resident of such local municipality
or the County of Peel or that part of the Town of Oakville which
becomes part of the City of Mississauga on the 1st day of
January, 1974.
(3) Nothing in subsection 2 relieves any such local munici- Pi"o^is°
pality from any liability in respect of hospitalization or burials
before the 1st day of January, 1974.
58. — (1) The Regional Council may pass by-laws for Aid to
grantmg aid for the construction, erection, establishment, .
acquisition, maintenance, equipping and carrying on the busi-
ness of public hospitals including municipal hospitals and
other health care facilities in the Regional Area and may
issue debentures therefor and no area municipality shall
exercise any such powers in respect of public hospitals includ-
ing municipal hospitals.
(2) The Regional Corporation shall pay to any area munici- P*ym®nt of
pality, on or before the due date, all amounts of principal interest to
and interest becoming due upon any outstanding indebted- paiities
ness of the area municipality in respect of aid granted by a
local municipality for the purposes mentioned in subsection 1,
prior to the 1st day of January, 1974, and if the Regional
Corporation fails to pay such amounts before the due date,
the area municipality may charge the Regional Corporation
interest at the rate of 12 per cent per annum thereon, or such
lower rate as the council of the area municipality determines,
from such date until payment is made.
(3) Notwithstanding the provisions of any general or special H^°s^pitai^
Act, payments made under this section shall form part of the part of
, J J.- at reglonallevy
levy under section 81.
59. — (1) On and after the 1st day of January, 1974, the^egion^a^^
Regional Area shall be a health unit established under TAe health unit
R S O 1970
Public Health Act and, subject to this Part, the provisions of c.'377 '
such Act apply, and the board of health of the health unit
so established shall be known as the Peel Regional Board
of Health.
(2) The health unit serving the County of Peel on the 31stDi|somtion
day of December, 1973, is hereby dissolved on the 1st day health unit
of January, 1974, and all the assets and liabilities thereof
shall become the assets and liabilities of the Peel Regional
Board of Health.
138
36
Boundaries (3) Notwithstanding the provisions of any other Act, the
boundaries of the health unit of the Regional Area shall not
be altered except by order of the Minister of Health.
Constitution QQ, — (1) On and after the 1st day of January, 1974 the
board Peel Regional Board of Health shall be composed of,
{a) seven members of the Regional Council appointed by
the Regional Council; and
(b) not more than three persons appointed by the Lieu-
tenant Governor in Council upon the recommendation
of the Minister of Health.
Remunera- (2) The members of the Peel Regional Board of Health
tion of certain ^ ' t-> • i /- -i i n
members appointed by the Regional Council shall not be paid any
remuneration as members of such board, except expenses
incurred in carrying out their duties.
Expenses of (3) Notwithstanding the provisions of any other Act, the
R.s.o. 1970, expenses incurred by the Peel Regional Board of Health in
establishing and maintaining the health unit and performing
its functions under The Public Health Act or any other Act
shall be accounted for, borne and paid by the Regional
Corporation.
Corporation ^^' — (^) ^^^ ^^^ purposes of the following Acts, the
deemed city Regional Corporation shall be deemed to be a city and no
R.s.o. 1970, area municipality shall be deemed to be a municipality:
CO. 21, 270, 422, r j
490
1. The Anatomy Act.
2. The Mental Hospitals Act.
3. The Sanatoria for Consumptives Act.
4. The War Veterans Burial Act.
cof omtion (^) ^^^ ^^^ purposes of the following Acts, the Regional
deemed Corporation shall be deemed to be a county and no area muni-
R.s.o. 1970, cipality shall be deemed to be a municipality:
CO. 104, 192, 203 ^ -^
1. The Day Nurseries Act.
2. The General Welfare Assistance Act.
3. The Homemakers and Nurses Services Act.
tor^homes ®2* — (^^ ^^^ Regional Corporation shall be deemed to be a
foraged county for the purposes of The Homes for the Aged and Rest
R.o.O. 1970,
138
37
Homes Act, and no area municipality has any authority as to
the estabhshment, erection and maintenance of a home for the
aged under such Act.
(2) The Peel Manor Home for the Aged and Sheridan feei county
^ ' " homes for
Villa Home for the Aged and all assets and liabilities thereof aged vested
together with all the real and personal property of such corporation
homes, vest in the Regional Corporation on the 1st day of
January, 1974, without compensation.
63. — (1) The Regional Corporation shall pay to the Residents
committee or board of management of any home for the aged homes for
located outside the Regional Area the cost of maintenance ^^^
in such home, incurred after the 31st day of December, 1973,'
of every resident of such home who was admitted thereto
due to residence in any area that becomes part of an area
municipality.
(2) The amount payable by the Regional Corporation ^^j^^J^^^^^^
under subsection 1 shall be such as may be agreed upon or, payment
failing agreement, as may be determined by the Municipal
Board.
64. No area municipality shall be deemed to be acofpomtion
municipality for the purposes of The Child Welfare Act, and the<^®®"}ed
T-. ■ 1 /^ • r 11 1 1 1 • r municipality
Regional Corporation shall be deemed to be a city for the under
f 1 A 1 R.S.0. 1970,
purposes of such Act. c.64
65. The Regional Corporation is liable for the amountsExisting^
payable on or after the 1st day of January, 1974, by any transferred
area municipality under section 88 of The Child Welfare Act,
1965 and is entitled to recover the amounts payable to any
area municipality on or after that date under that section.
66. Where an order is made under subsection 2 of liability
under order
section 20 of the Juvenile Delinquents Act (Canada) upon an made under
area municipality, such order shall be considered to be anc.'j-3'
order upon the Regional Corporation, and the sums of money
required to be paid under such order shall be paid by the
Regional Corporation and not by the area municipality.
67. Every area municipality and every officer or employee ^'^^°^"^**^°'i
thereof shall, at the request of the officers of the Regional
Corporation who are responsible for the administration of the
Acts referred to in this Part, furnish forthwith to such
officers any information they may require for the purposes
of this Part.
68. In the event that there is any doubt as to whether ^'^^'^^*"^®'^*^^
the Regional Corporation is liable under this Part in respect
138
38
of the liabilities imposed herein, the matter may be settled
by agreement between the municipalities concerned or,
failing agreement, may be determined by the Municipal
Board.
Grants, etc ^9. The Regional Corporation may grant aid to approved
corporations corporations established under The Homes for Retarded
R°s.ai970, Persons Act, and may enter into agreements with any of
^'^'^ such corporations with respect to the construction, operation
and maintenance of homes for retarded persons.
PART VI
Police
Interpre-
tation
70. In this Part, "Peel Police Board" means the Peel
Regional Board of Commissioners of Police.
Peel
Regional
Board
established
R.S.0. 1970,
C.351
71. — (1) Notwithstanding The Police Act, on the 1st day of
November, 1973 a board of commissioners of police shall be
constituted to be known as the Peel Regional Board of Com-
missioners of Police, which shall consist of.
{a) two members of the Regional Council appointed by
resolution of the Regional Council ;
{h) a judge of a county or district court designated by
the Lieutenant Governor in Council ; and
(c) two persons appointed by the Lieutenant Governor
in Council.
Quorum (2) Three members of the Peel Police Board, including a
member appointed by the Regional Council, are necessary
to form a quorum.
Remunera-
tion
Regional
Corporation
deemed
city under
R.S.0. 1970,
c.351
(3) The Regional Corporation shall provide for the payment
of a reasonable remuneration, not being less than the
minimum prescribed by the regulations under The Police Act,
to the members of the Peel Police Board appointed by the
Lieutenant Governor in Council and the members appointed
by the Regional Council shall not be paid any remuneration
as members of such Board except expenses incurred in
carrying out their duties.
72.— (1) On and after the 1st day of January, 1974,
{a) the Regional Corporation shall be deemed to be a city
having a population of more than 15,000 accord-
138
39
ing to the last municipal census for the purposes
of The Police Act, except subsections 1 to 4 of
section 8 thereof ;
(6) The Police A ct does not apply to any area munici- ^-^f- ^^^'
pality; and
(c) The Peel Police Board and the members of the
Peel Regional Police Force shall be charged with
the same duties with respect to by-laws of the area
municipalities as with respect to by-laws of the
Regional Corporation.
(2) The fines imposed for the contravention of the by-laws ^i^^s
of any area municipality, shall where prosecuted by the Peel
Regional Police Force, belong to the Regional Corporation
and, where prosecuted by any other person, belong to the
area municipality whose by-law has been contravened.
73. — (1) Every person who is a member of a police force ^^ea police
of a local municipality within the Regional Area on the 1st day
of April, 1973, and continues to be a member until the 31st
day of December, 1973, shall, on the 1st day of January, 1974,
become a member of the Peel Regional Police Force, and the
provisions of subsections 4 and 11 of section 27 apply to
such members, but no member shall receive in the year 1974
any benefits of employment, with the exception of rank, less
favourable than those he was receiving from the local muni-
cipality.
(2) Every person who is a member of a police force of a P^^j^^^^^^^nai
local municipality on the 31st day of December, 1973, and
becomes a member of the Peel Regional Police Force on the 1st
day of January, 1974, is subject to the government of the
Peel Police Board to the same extent as if appointed by the
Peel Police Board and the Peel Regional Police Association
shall be entitled to make representations to such Board in
respect of by-laws and regulations for the government of
the Peel Regional Police.
(3) Every person who becomes a member of the Peel Jj^^p^yj^^j^^
Regional Police Force under subsection 1 shall,
(a) be considered to have elected to participate in the
Ontario Municipal Employees Retirement System if
he was a member of the Ontario Municipal Employees
Retirement System on the day immediately preceding
his employment by the Peel Police Board and such
member shall have uninterrupted membership in
the Ontario Municipal Employees Retirement System,
138
40
and to participate in the Ontario Municipal Em-
ployees Retirement System supplementary plan as
established for the Town of Mississauga Police
Force ;
(6) with the exception of civilian employees and assist-
. ants, be retired on the last day of the month in
which the member attains sixty years of age ;
(c) have credited to him in the Peel Regional Police
Force the total number of years of service that
he had in the police force of the local municipality
of which he was a member immediately prior to the
1st day of January, 1974;
(d) receive such sick leave credits and benefits in the
sick leave credit plan which shall be established by
the Peel Police Board as he had standing to his
credit in the plan of the local municipality ; and
(e) not be transferred without his consent to a detach-
ment farther than a distance of fifteen miles from the
detachment headquarters of the police force of which
he was a member on the 31st day of December, 1973.
StSioyee ('^) Civilian employees and assistants of the Peel Regional
retirement Police Force shall be retired on the last day of the month
in which such civilian employee or assistant attains sixty-
five years of age.
bargaining (^) ^^ ^r before the 1st day of November, 1973, the
committee members of the municipal pohce forces within the Regional
Area shall appoint a joint bargaining committee to repre-
sent all such municipal police forces to bargain with the
Peel Police Board in the manner and for the purposes provided
^S?'^^^"' ^" ^^^ Police Act and the Peel Police Board shall be the sole
negotiating body to bargain with such committee.
minting (^) ^^^ ^'"^^ meeting of the bargaining committee and the
Peel Police Board shall be held not later than the 30th day of
November, 1973.
Rs'o°i970°°^ (7) Section 239 of The Municipal Act applies mutatis
c. 284 mutandis to the Peel Police Board.
Assumption 74^ — (1) Jhe Regional Council shall, before the 1st day of
January, 1974, pass by-laws which shall be effective on such
date assuming for the use of the Peel Police Board any such
land or building that the Peel Police Board may require
that is vested on the 1st day of July, 1973, in any local
138
41
municipality or local board thereof, and at least 40 per cent
of which is used on such date for the purposes of the police
force of that municipality, and on the day any such by-law
becomes effective the property designated therein vests in the
Regional Corporation.
(2) No local municipality, between the 1st day of Tune, saieby
^ ' r J ' J u ' area munici-
1973, and the 1st day of January, 1974, shall without the paiities
consent of the Municipal Board sell, lease or otherwise dispose '
of or encumber any land or building mentioned in subsection 1 .
(3) Notwithstanding subsection 1, a by-law for assuming Extension
any land or building mentioned in subsection 1, with the
approval of the Municipal Board, may be passed after the
1st day of January, 1974, and in that case the by-law shall
become effective on the date provided therein.
(4) Where any part of a building mentioned in subsection Buiidin|
1 is used by the local municipality or a local board thereof exclusively
for other than police purposes, the Regional Corporation may, force' ^'^^
(a) where practicable, assume only the part of the
building and land appurtenant thereto used for the
purposes of the police force of such municipality ; or
{b) vest the building and land appurtenant thereto in the
Regional Corporation and enter into an agreement
with such municipality or local board thereof for
the use of a part of the building by such munici-
pality or local board on such terms and conditions
as may be agreed upon.
(5) Where the Regional Corporation assumes any property Regional
under subsection 1 or 3, liability
{a) no compensation or damage shall be payable to the
local municipality or local board except as provided
in this subsection ;
(b) the Regional Corporation shall thereafter pay to the
area municipality before the due date all amounts
of principal and interest becoming due upon any
outstanding debt of the area municipality in respect
of any property vested in the Regional Corporation ;
and
(c) the Regional Corporation shall thereafter pay to the
area municipality for the portion of any land or
building vested in the Regional Corporation under
this section that is not used for police purposes on the
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42
Default
1st day of July, 1973, such amount as may be agreed
upon and failing agreement the Municipal Board,
upon application, may determine the amount, and its
decision is final, provided such amount shall not be
greater than the capital expenditure for such por-
tion of SAich land or building less the amount of
any outstanding debt in respect of such portion.
(6) If the Regional Corporation fails to make any payment
on or before the due date required by clause b of subsection 5,
the area municipality may charge the Regional Corporation
interest at the rate of 12 per cent per annum thereon, or
such lower rate as the council of the area municipality deter-
mines, from such date until payment is made.
tion°"^™°^*' (7) Where a building vested in a local municipality or local
board is used partly by the police force of the municipality
and is not vested in the Regional Corporation under this
section, the area municipality at the request of the Peel
Police Board on or after the 1st day of January, 1974, shall
provide, at such rentals as may be agreed upon, at least as
much accommodation in such building for the use of the
Peel Police Board as was being provided by the local muni-
cipality for its police force on the 1st day of July, 1973,
and failing agreement the Municipal Board, upon application,
may determine the matter and its decision is final.
Office
supplies, etc.
(8) At the request of the Peel Police Board, each area
municipality, for the use of the Peel Police Board,
(a) shall transfer to the Regional Corporation without
compensation all personal property, including office
supplies and stationery in the possession of the area
municipality on the 1st day of January, 1974, that
was provided for the exclusive use of the police
force of the area municipality; and
(b) shall make available to the Regional Corporation
all personal property the use of which was shared
by the police force and any department or depart-
ments of the area municipality on the 1st day of
January, 1974, on the same terms and to the same
extent as the police force used the property before
such date.
Signal
system
transferred
(9) All signal and communication systems owned by any
local municipality and used for the purposes of the police
force of the municipality on the 1st day of July, 1973, or
thereafter, are vested in the Regional Corporation for the use
of the Peel Police Board on the 1st day of January, 1974,
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43
and no compensation shall be payable to the municipality
therefor and the Regional Corporation shall thereafter pay
to the area municipality before the due date all amounts of
principal and interest becoming due upon any outstanding
debt of the area municipality in respect of any such signal
or communication system, and if the Regional Corporation
fails to make any payment on or before such due date, the
area municipality may charge the Regional Corporation
interest at the rate of 12 per cent per annum, or such lower
rate as the council of the area municipality determines, from
such date until payment is made.
(10) In the event of any doubt as to whether, settling
^ ' -^ of doubts
(a) any outstanding debt or portion thereof was incurred
in respect of any property assumed; or
{b) any land or building is used at least 40 per cent for
the purposes of a police force,
the Municipal Board, upon application, may determine the
matter and its decision is final.
75. The Regional Corporation shall provide all real and ^J'°P®''*y
personal property necessary for the purposes of the Peel provided
Police Board.
PART VII
Regional Waterworks System
76.— (1) On and after the 1st day of January, 1974, the Region to be
Regional Corporation shall have the sole responsibility for the distributor
supply and distribution of water in the Regional Area and
all the provisions of any general Act relating to the supply and
distribution of water by a municipal corporation or a local
board thereof and all of the provisions of any special Act
relating to the supply and distribution of water by an area
municipality or a local board thereof apply mutatis mutandis
to the Regional Corporation, except the power to establish
a public utilities commission.
(2) On and after the 1st day of January, 1974, no area ^° *j^fpg^jj,.y
municipality shall have or exercise any powers under any ^o^^^stribute
Act for the supply and distribution of water.
(3) All waterworks, supply systems, meters, mechanical ^|^^y^^^^°^j
equipment and all real and personal property of any nature facilities
whatsoever used solely for the purpose of the supply and
distribution of water and all other assets, liabilities and
138
44
surpluses or deficits, including reserves, of the local munici-
palities relating to any facility for the supply and distribution
of water in the Regional Area or for any area municipality
is vested in the Regional Corporation effective the 1st day
of January, 1974, and no compensation or damages shall be
payable to any area municipality in respect thereof.
Regional
Corporation
liability
R.S.0. 1970,
c. 255
(4) The Regional Council shall pay to the corporation of
any area municipality before the due date all amounts of
principal and interest becoming due upon any outstanding
debt of such area municipality in respect of the property
assumed by the Regional Corporation under the provisions of
subsection 3, but nothing in this subsection requires the
Regional Corporation to pay that portion of the amounts of
principal and interest that under The Local Improvement Act
is payable as the owners' share of a local improvement work.
Default
(5) If the Regional Corporation fails to make any payment
as required by subsection 4, the area municipality may charge
the Regional Corporation interest at the rate of 12 per cent
per annum thereon or such lower rate as the council of the
area municipality determines from such date until payment is
made.
water^uppiy (5^ With respect to any agreements entered into by any
municipality or local board thereof in the Regional Area
respecting the supply and distribution of water, the Regional
Corporation shall, on the 1st day of January, 1974, stand in
the place and stead of such municipality or local board for
all purposes of any such agreement.
PART VIII
Regional Sewage Works
Regional
Corporation
responsible
for sanitary
sewage
77. — (1) On and after the 1st day of January, 1974, the
Regional Corporation shall have the sole responsibility for the
collection and disposal of all sewage, except as provided in
subsection 8, in the Regional Area and all of the provisions
of any general Act relating to the collection and disposal of
such sewage by a municipal corporation or a local board
thereof and all of the provisions of any special Act relating
to the collection and disposal of such sewage by an area
municipality or a local board thereof apply mutatis mutandis to
the Regional Corporation, except the power to establish a
public utilities commission.
No area
municipality
to collect
sanitary
sewage
(2) On and after the 1st day of January, 1974, no area
municipality shall have or exercise any powers under any
Act for the collection and disposal of sewage, except as
provided in subsection 8.
138
45
(3) All sewage works, sewer systems and treatment works, ^®^^^^^°f
including buildings, structures, plant, machinery, equipment, sewage
devices, intakes and outfalls or outlets, or other works de-
signed for the interception, collection, settling, treating, dis-
persing, disposing or discharging of sewage, except as provided
in subsection 8, and all real and personal property of any
nature whatsoever used solely for the purpose of the collec-
tion and disposal of such sewage in the Regional Area by
any area municipality is vested in the Regional Corporation
on the 1st day of January, 1974, and no compensation or
damages shall be payable to any area municipality in respect
thereof.
(4) The Regional Council shall pay to the corporation of corporation
any area municipality before due date all amounts of principal liability
and interest becoming due upon any outstanding debt of such
area municipality in respect of the property assumed by the
Regional Corporation under the provisions of subsection 3,
but nothing in this subsection requires the Regional Cor-
poration to pay that portion of the amounts of principal and
interest that under The Local Improvement Act is payable RS-O- i^'o,
as the owners' share of the local improvement work.
(5) If the Regional Corporation fails to make any paymentoefauit
as required by subsection 4, the area municipality may charge
the Regional Corporation interest at the rate of 12 per cent
per annum thereon or such lower rate as the council of the
area municipality determines from such date until payment
is made.
(6) The Regional Corporation may by by-law provide for^pe^ciai
imposing on and collecting from any area municipality, in
respect of the whole of such municipality or any designated
part thereof from which sewage is received, except as provided
for in subsection 8, a sewage rate sufficient to pay the whole,
or such portion as the by-law may specify, of the regional
expenditures for the maintenance, operation and debt service
of the regional sewage system, and if any area municipality
considers itself aggrieved by the imposition of any rate
under this section, it may appeal to the Municipal Board.
(7) With respect to any agreements entered into by any Agreements
municipality or local board thereof in the Regional Area
respecting the interception, collecting, settling, treating, dis-
persing, disposing or discharging of sewage, except as pro-
vided for in subsection 8, the Regional Corporation shall
stand in the place and stead of such municipality or local
board for all purposes of any such agreement.
138
46
d^nafre ^^) ^^^ Regional Corporation shall be responsible for
undertaking the land drainage system including storm sewers
with respect to regional roads and any surrounding lands
which naturally drain into such land drainage system and
may undertake a land drainage program including storm
sewers in any part of the Regional Area as the Regional
Corporation deems necessary, and the area municipalities
shall be responsible for all other land drainage systems, includ-
ing storm sewers, within their respective boundaries.
Assumption (9) Where the Regional Corporation undertakes a program
municipality provided for in subsection 8, the Regional Corporation may
systems assume all or any portion of the land drainage system, includ-
ing storm sewers, of an area municipality, without compensa-
tion, and the provisions of subsections 4 and 5 shall apply
thereto, mutatis mutandis.
Raising of (IQ) An area municipality may,
money by area ^ ' r j j >
municipality
{a) pay the amounts chargeable to it under subsection
6 out of its general funds; or
{b) subject to the approval of the Municipal Board,
c^fs?' ^^'^°' P^^s by-laws under section 362 of The Municipal
Act for imposing sewer rates to recover the whole or
any part of the amount chargeable to the area
municipality in the same manner as if the work were
being or had been constructed, extended or improved
by the area municipality, notwithstanding that in the
by-law authorizing the work there was no provision
for imposing, with the approval of the Municipal
Board, upon owners or occupants of land who derive
or will or may derive a benefit from the work a sewer
rate sufficient to pay the whole or a portion or
percentage of the capital cost of the work; or
(c) include the whole or any part of an amount charge-
able to the area municipality as part of the cost of
an urban service for the collection and disposal of
sewage and land drainage chargeable within an urban
service area established in the area municipality
under any general or special Act.
PART IX
Finances
tatfon'^^ 78. — (1) In this Part, "rateable property" includes business
R.s.o. 1970, and other assessment made under The Assessment Act.
0.32
138
47
(2) Every area municipality shall be deemed to be an area Area
municipality for all purposes of The Regional Municipal Grants deemed
Act and every merged area shall be deemed to be a merged unde"^* ^ ^
area for the purposes of section 9 of that Act. ^foF' ^^^"'
(3) The Regional Corporation shall be deemed to be a ^^^ionai^^^
regional municipality for the purposes of The Regional Muni-^^^v^^^
cipal Grants Act, except that, municipality
{a) for the purposes of any payment under that Act
in the year 1974 to the Regional Corporation, the
population of each area municipality shall be deter-
mined in such manner as the Ministry considers
proper; and
(h) for the purposes of this Act, "net regional levy" in
The Regional Municipal Grants Act, means the amount
required for regional purposes, including the sums
required by law to be provided for any board, com-
mission or other body, but excluding school purposes,
apportioned to each area municipality by section 81
of this Act reduced by the amount credited to each
area municipality under section 3 of The Regional
Municipal Grants Act.
79. Section 312 of The Municipal Act applies WM/a^^s^jestmentof
mutandis to the Regional Corporation. immediately
" '^ required
R.S.0. 1970,
c. 284
Yearly Estimates and Levies
80. — (1) The Regional Council shall in each year prepare Y^^^y^.^^
and adopt estimates of all sums required during the year
for the purposes of the Regional Corporation, including the
sums required by law to be provided by the Regional Council
for any local board of the Regional Corporation, and such
estimates shall set forth the estimated revenues and expendi-
tures in such detail and according to such form as the
Ministry may from time to time prescribe.
(2) In preparing the estimates, the Regional Council shall ^Jj^^^^j^^^l
make due allowance for a surplus of any previous year that in estimates
will be available during the current year and shall provide for
any operating deficit of any previous year and for such
reserves within such limits as to type and amount as the
Ministry may approve.
(3) Section 43 of The Assessment Act and section 606 of Application
The Municipal Act apply mutatis mutandis to the Regional R-S.o. i97o,
n ^- cc.32,284
Corporation.
138
48
Levy on gj . — (U fhe Regional Council in each year shall levy
areamunici- ^ ' \ / & j j
paiities against the area municipalities a sum sufficient,
(a) for payment of the estimated current annual ex-
penditures as adopted; and
(b) for payment of all debts of the Regional Corporation
falling due within the year as well as amounts re-
quired to be raised for sinking funds and principal
and interest payments or sinking fund requirements
in respect of debenture debt of area municipalities
for the payment of which the Regional Corporation
is liable under this Act.
ment^*^^°^ (2) The Regional Council shall ascertain and by by-law
direct what portion of the sum mentioned in subsection 1
shall be levied against and in each area municipality.
Idem
(3) Subject to subsection 9, all amounts levied under sub-
section 1 shall be apportioned among the area municipalities
in the proportion that the whole rateable property in each
area municipality bears to the whole rateable property in the
Regional Area, according to the last revised assessment rolls.
Assessment
(4) The Ministry of Revenue shall revise and weight the
last revised assessment rolls of the area municipalities and,
for the purpose of subsection 3, the last revised assessment
rolls for the area municipalities as so revised and weighted
by the Ministry of Revenue shall be deemed to be the last
revised assessment rolls of the area municipalities.
Copy to (5) Upon completion by the Ministry of Revenue of the
Corporation revision and weighting of assessment, the Ministry of Revenue
municipality shall notify the Regional Corporation and each of the area
municipalities of the revised and weighted assessment of each
area municipality.
Appeal
Idem
(6) If any area municipality is not satisfied with the assess-
ment as revised and weighted by the Ministry of Revenue,
the area municipality may appeal from the decision of the
Ministry of Revenue by notice in writing to the Municipal
Board at any time within thirty days after the notice of the
revised and weighted assessment was sent to the area
municipality by the Ministry of Revenue.
(7) Every notice of revision and weighting made under
this section shall set out the time within which an appeal
may be made to the Municipal Board with respect to such
revision and weighting.
138
49
Amendment
(8) Where the last revised assessment of the area munici- ^/^^^j*^^"
palitv has been revised and weighted by the Ministry of^^iere
r J o J J necessary
Revenue and has been appealed, the Regional Council shall following
forthwith after the decision of the Municipal Board on such
appeal, amend, if required, the by-law passed under sub-
section 2 so as to make the apportionments among the area
municipalities according to the assessments as revised by the
Municipal Board upon such appeal, and,
{a) where the moneys levied against an area munici-
pality are thereby increased, the treasurer of the
area municipality shall pay the amount of the in-
crease to the treasurer of the Regional Corporation ;
and
(b) where the moneys levied against an area munici-
pality are thereby decreased, the treasurer of the
area municipality shall be liable to pay the treasurer
of the Regional Corporation only the reduced levy or,
if the original levy has been paid by the area
municipality, the treasurer of the Regional Corpora-
tion shall pay the amount of the decrease to the
treasurer of the area municipality.
assessments.
(9) The apportionment of the levy among the area^J^l^^g
municipalities as provided for in subsections 2 and 3 shall etc., not
be based on the full value of all rateable property, and,
notwithstanding any general or special Act, no fixed assess-
ment other than a fixed assessment under section 31 of
The Assessment Act, or partial or total exemption from assess- ^Ig^- 1^'^^'-
ment or taxation applies thereto, except as provided in
section 3 of The Assessment Act.
(10) The assessment upon which the levy shall be appor- ^^s?«^8n^e^nt
tioned among the area municipalities shall include the valuations
, . f 11 • r 1 • 1 -I- on properties
valuations of all properties for which payments in lieu of for which
taxes which include a payment in respect of regional levies neu^f taxes
are paid by the Crown in right of Canada or any province ^^^
or any board, commission, corporation or other agency thereof
or The Hydro-Electric Power Commission of Ontario or
under subsection 6 of section 137 to any area municipality
and the amount by which the assessment of an area munici-
pality shall be deemed to be increased by virtue of payments r.s.o. i970,
under section 304 and 304a of The Municipal Act and section 4 igli'^c.TS
of The Provincial Parks Municipal Tax Assistance Act, /97/, 1973,0...
and subsection 2 of section 3 of The Property Tax Stabilization
Act, 1973.
(11) Within fourteen days of a request by the Ministry valuation ^^
of Revenue, the clerk of an area municipality shall transmit
138
50
Levy
by-laws
Regional
levy
R.S.0. 1970,
C.32
Payment
Default
to the said Ministry a statement of the payments referred to
in subsection 10 and the said Ministry shall revise and weight
the valuations of these payments and shall notify the
Regional Corporation and the appropriate area municipality
of such valuations.
(12) One by-law or several by-laws for making the levies
may be passed as the Regional Council may consider ex-
pedient.
(13) Subject to subsections 4, 5 and 6 of section 47 of
The Assessment Act, in each area municipality the regional
levy shall be calculated and levied upon the whole rateable
property rateable for such purpose within such area munici-
pality according to the last revised assessment roll thereof.
(14) All moneys levied against an area municipality under
the authority of this section shall be deemed to be taxes and
are a debt of the area municipality to the Regional Corpora-
tion and the treasurer of every area municipality shall pay
the moneys so levied to the treasurer of the Regional Cor-
poration at the times and in the amounts specified by the
by-law of the Regional Council mentioned in subsection 2.
(15) If an area municipality fails to make any payment
as provided in the by-law, interest shall be added at the rate
of 12 per cent per annum or such lower rate as the Regional
Council determines, from the date payment is due until it
is made.
Assessment g2. — (1) The Ministry of Revenue shall revise and weight
areas each part of the last revised assessment roll of the area
municipalities that relates to a merged area and each such part
of the last revised assessment roll of each of the area munici-
palities as revised and weighted is final and binding.
Notice (2) Upon completion by the Ministry of Revenue of the
revision and weighting of assessment in an area municipality
under subsection 1, the Ministry of Revenue shall notify the
area municipality of the revised and weighted assessment.
Apportion- (3) Notwithstanding section 7 of The Regional Municipal
merged areas Grants Act, the net regional levy and the sums adopted in
cc. 405, 284. 32 accordauce with section 307 of The Municipal Act for all
purposes, excluding school purposes, levied against the whole
rateable property of an area municipality shall be apportioned
among the merged areas of such area municipality in the pro-
portion that the total weighted assessment of each merged
area bears to the total weighted assessment of the area
municipality both according to the last revised assessment
roll as weighted by the Ministry of Revenue under subsection
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51
1 , and subsection 9 of section 35 of The Assessment Act shall not ^fg^ i^™-
apply to any apportionment by an area municipality under
this subsection.
(4) The rates to be levied in each merged area shall beOeter-
• 1 1 • >> r • -7 ^mination
determined m accordance with subsection 2 of section 7 of of rates
The Regional Municipal Grants Act. afoF' ■^^^°'
83.— (1) Notwithstanding section 81, in the year 1974 theLevyby^
Regional Council may, before the adoption of the estimates council
for that year, levy against the area municipalities a sum not estimates
exceeding 25 per cent of the aggregate levies made by all * °p ^
local municipalities within the Regional Area in the year
1973 for general municipal and county purposes, and any
amount so levied shall be apportioned among the area
municipalities in the same manner as levies made under sub-
section 1 of section 81, and subsections 14 and 15 of section
81 apply to such levy.
(2) Notwithstanding section 81, in 1975 and in subsequent^**®™
years, the Regional Council may, before the adoption of
estimates for that year, levy against each of the area munici-
palities a sum not exceeding 50 per cent of the levy made
by the Regional Council in the preceding year against that
area municipality and subsections 14 and 15 of section 81
apply to such levy.
(3) The amount of any levy made under subsection 1 or 2Levyunder
shall be deducted from the amount of the levy made under to be
_. •' reduced
section 81.
(4) Notwithstanding section 82, the council of an area^^jy'^y
municipality may in any year before the adoption of the municipality
estimates for that year levy in each of the merged areas in estimates
the area municipality, on the whole of the assessment for real^ °^ ^
property including business assessment in the merged area
according to the last revised assessment roll, a sum not
exceeding 50 per cent of that which would be produced by
applying to such assessment the total rate for all purposes
levied in the merged area in the preceding year on residential
real property of public school supporters.
(5) The amount of any levy under subsection 4 shall be^l^y^'J^®^
deducted from the amount of the levy made under section 82. reduced
(6) Subsection 4 of section 303 of The Municipal /I c/ Amplication
applies to levies made under this section. 1970, c. 284,
*^*^ s. 303 (4)
(7) The Ministry of Revenue for the purposes of a levy ^Jg®gii^°*^y
under subsection 1 shall complete a preliminary assessment
138
52
based on the assessment of the local municipalities used for
taxation purposes in 1973, adjusted to reflect the boundaries
of the area municipalities established under section 2, revised
and weighted in accordance with subsections 4, 9 and 10 of
section 81, and such preliminary assessment shall be deemed
to be the revised and weighted assessment under subsection 5
of section 81.
Notice
(8) The Ministry of Revenue shall notify the Regional
Corporation and each area municipality of the preliminary
assessment, referred to in subsection 7, prior to the 31st day of
January, 1974.
Rates under
R.S.0. 1970,
c. 430
84. — (1) For the purposes of levying taxes under The
Separate Schools Act, the merged areas of an area municipality
shall be deemed to be municipalities, and the council of the
area municipality shall be deemed to be the council of each
such merged area.
Rates for
public
school
purposes on
commercial
assessment
R.S.0. 1970,
c. 424
Rates for
public
school
purposes on
residential
assessment
(2) The amount required to be levied and collected by an
area municipality for public school purposes on commercial
assessment determined as a result of the application of
section 78 of The Schools Administration Act shall be appor-
tioned among the merged areas in the ratio that the total
commercial assessment for public school purposes in each
merged area bears to the total commercial assessment for
public school purposes in the area municipality.
(3) The amount required to be levied and collected by an
area municipality for public school purposes on residential
assessment determined as a result of the application of section
78 of The Schools Administration Act shall be apportioned
among the merged areas in the ratio that the total residential
assessment for public school purposes in each merged area
bears to the total residential assessment for public school pur-
poses in the area municipality.
Rates for
secondary
school
purposes on
commercial
assessment
(4) The amount required to be levied and collected by an
area municipality for secondary school purposes on commer-
cial assessment determined as a result of the application of
section 78 of The Schools Administration Act shall be appor-
tioned among the merged areas in the ratio that the total
commercial assessment for secondary school purposes in each
merged area bears to the total commercial assessment for
secondary school purposes in the area municipality.
Rates for
secondary
school
purposes on
residential
assessment
(5) The amount required to be levied and collected by an
area municipality for secondary school purposes on residen-
tial assessment determined as a result of the application of
section 78 of The Schools Administration Act shall be
138
53
apportioned among the merged areas in the ratio that the
total residential assessment for secondary school purposes in
each merged area bears to the total residential assessment
for secondary school purposes in the area municipality.
(6) Notwithstanding subsections 2, 3, 4 and 5, where, in^^f^^^^^^^
any year, a regulation is in force under section 33 of The ^9io,c. 425
Secondary Schools and Boards of Education Act, the apportion-
ments referred to in the said subsections 2, 3, 4 and 5 shall
be made in accordance with such regulation.
Adjustments
85. The Minister may provide from time to time by order ^ran^sitiona^i
that, in the year or years and in the manner specified in the
order, the council of any area municipality shall levy, on
the whole of the assessment for real property and business
assessment according to the last revised assessment roll in any
specified merged area or areas, rates of taxation for general
purposes which are different from the rates which would
have been levied for such purposes but for the provisions of
this section.
86. — (1) For the purpose of subsection 2 of section 307 Allowances
of The Municipal Act, the surplus of the previous year for in estimates
which allowance is to be made or the operating deficit to be muni-
provided for in the estimates of the council of an areaS^m^^^
municipality for the year 1974 shall be the aggregate of the^fs^
audited surpluses or operating deficits of each of the merged
areas of that area municipality.
1974
R.S.0. 1970,
(2) For the purpose of subsection 1, the audited surplus or^|^|®<*
operating deficit of a merged area that before the 1st day
of January, 1974, comprised the whole of a local munici-
pality shall be the audited surplus or operating deficit of such
local municipality at the 31st day of December, 1973.
(3) For the purpose of subsection 1, the audited surplus^'*®'"
or operating deficit of a merged area that before the 1st day
of January, 1974, comprised part of a local municipality shall
be an amount that is the same proportion of the audited
surplus or operating deficit of the local municipality that the
amount of the assessment of the merged area is of the total
amount of the assessment of the local municipality, both
according to the last revised assessment roll.
87. — (1) In this section, "surplus or operating deficit" J,^*|[^jj,jj
includes any reserves provided for under subsection 2 of
section 307 of The Municipal Act.
138
54
deS^itlt^ (2) The audited surplus or operating deficit of a local
December 31, municipality at the 31st day of December, 1973 shall accrue
applied to to the Credit of or become a charge on the assessment sup-
assessmeift porting such surplus or operating deficit and shall be pro-
vided for by adjustment of the tax rate over a period not
exceeding five years from the 1st day of January, 1974.
Arbitration
88. — (1) The Minister may, on or before the 1st day of
September, 1973, appoint committees of arbitrators for the
purpose of determining initially the disposition, including
the physical possession of the assets and liabilities, including
reserve funds, of the Town of Mississauga, and the Township
of Chinguacousy.
Idem
(2) Each committee shall consist of the treasurers of the
municipalities concerned with the disposition of particular
assets and liabilities and reserve funds, or such other person
or persons as the Minister may appoint.
Provisional
deter-
mination
(3) Before the 31st day of December, 1973, the committees
shall, where appropriate, make provisional determinations of
the disposition of the known assets, liabilities and reserve
funds, and these dispositions shall become operative from the
1st day of January, 1974.
Final
deter-
mination
(4) As soon as possible thereafter, the committees where
appropriate, shall make final determinations of the disposi-
tion of assets, liabilities and reserve funds as at the 31st day
of December, 1973, together with determinations of any
financial adjustments which may be necessary.
Idem
R.S.0. 1970,
C.284
(5) The final determination made under subsection 4 shall
be forwarded forthwith to the area municipalities concerned
and to the Municipal Board and unless the council of any
such area municipality notifies the Municipal Board in writing
within thirty days of the mailing of such determination to
the area municipality that it objects to the determination,
such determination shall, for the purposes of clause a of sub-
section 11 of section 14 of The Municipal Act, be deemed
to be agreed upon by such area municipalities.
Idem
(6) The final determination of a disposition or an adjust-
ment under this section shall set out the time within which
an appeal may be made to the Municipal Board with respect
to such determination.
Documents
and records
(7) All documents and records kept by the clerk or
treasurer or other officer of each divided municipality shall
be transferred to the clerk or treasurer or other officer, as
the case may be, of the area municipality designated by the
138
55
appropriate committee established under subsection 1, and
such documents and records shall be made available to any
official of any area municipality to which any other portion
of the divided municipality is transferred, during the normal
office hours of the area municipality to which they are
transferred.
(8) Notwithstanding the provisions of sections 80, 87 and|'|rj°^j^^^^
this section, the Minister may by order prescribe the period
over which any adjustments and settlements made there-
under are to be made.
Reserve Funds
89. — (1) Reserve funds established by local municipalities J/^^rve funds
for purposes for which the Regional Council has authority to^ipaiities
spend funds and for which the council of an area municipality
has no authority to spend funds are reserve funds of the
Regional Corporation and the assets of such reserve funds
are vested in the Regional Corporation.
(2) Reserve funds established by local municipalities, other^'^e'"
than divided municipalities, for purposes for which the coun-
cils of area municipalities have authority to spend funds and
for which the Regional Council has no authority to spend
funds are reserve funds of the area municipality of which the
local municipality forms a part and the assets of such reserve
funds are vested in such area municipality.
90. — (1) The Regional Council may in each year, if^®if|s^®
authorized by a two- thirds vote of the members present at aest^^ii^h-
r 1 T-> • 1 /- -1 • 1 • 1 • r ment
meetmg of the Regional Council, provide in the estimates for
the establishment or maintenance of a reserve fund for any
purpose for which it has authority to spend funds.
(2) The moneys raised for a reserve fund established under ^^^^t-
subsection 1 shall be paid into a special account and may and income
be invested in such securities as a trustee may invest in under
The Trustee Act, and the earnings derived from the invest-^l^oi^™-
ment of such moneys form part of the reserve fund.
(3) The moneys raised for a reserve fund established under ^^^^^^^iture
subsection 1 shall not be expended, pledged or applied to any fund
monGvs
purpose other than that for which the fund was established
without the approval of the Ministry.
(4) The auditor in his annual report shall report on the Auditor to
... ^ . report
activities and position of each reserve fund established under on reserve
, , . 4 funds
subsection 1.
138
56
Temporary Loans
borrowings ^^' — (^) Section 332 of The Municipal Act applies mutatis
R|gO.i970, mutandis to the Regional Council.
Idem
(2) In 1974, for the purposes of subsection 4 of section 332
of The Municipal Act, the amount that may be borrowed at
any one time prior to the adoption of the estimates for that
year shall be such amount as may be approved by the
Minister.
Debt
R^so 1970 ^^* — (^) Subject to the limitations and restrictions in this
C.323 ' Act and The Ontario Municipal Board Act, the Regional
Council may borrow money for the purposes of,
{a) the Regional Corporation;
(b) any area municipality;
(c) the joint purposes of any two or more area
municipalities,
whether under this or any general or special Act, and may
issue debentures therefor on the credit of the Regional
Corporation.
(2) All debentures issued pursuant to a by-law passed by
the Regional Council under the authority of this Act are
direct, joint and several obligations of the Regional Corpora-
tion and the area municipalities notwithstanding the fact
that the whole or any portion of the rates imposed for the
payment thereof may have been levied only against one or
more of the area municipalities, but nothing in this sub-
section affects the rights of the Regional Corporation and of the
area municipalities respectively as among themselves.
(3) Notwithstanding any general or special Act, no area
municipality has, after the 31st day of December, 1973, power
to issue debentures.
Liability
Limitation
work™^^^*^*' ("^^ When an area municipality, on or before the 31st day
of December, 1973,
(a) has applied for and obtained the final approval of
the Municipal Board in respect of any work, project
or other matter mentioned in subsection 1 of section
64 of The Ontario Municipal Board Act; and
138
57
{b) has entered into a contract for or authorized the
commencement of such work, project or matter
but has not prior to that date issued the debentures
authorized,
the Regional Council, upon the request of the council of the
area municipality, shall pass a by-law authorizing the issue
and sale of debentures of the Regional Corporation for the
purposes and in the amount approved by the Municipal
Board and shall, if required by the area municipality, issue
such debentures and provide temporary financing for the area
municipality in the manner provided in section 95 and no
further approval of the Municipal Board is required.
(5) Bonds, debentures and other evidences of indebtedness debentures
of the Regional Corporation shall be deemed to be bonds, etc., trustee
debentures and other evidences of indebtedness of a municipal
corporation for the purposes of The Trustee Act. f'm'^^'^^'
93. Subject to the limitations and restrictions of this Act ?^J^®''^**^t ^j.
and The Ontario Municipal Board Act, the Regional Corpora- ^ssue
111- 11 • 11 r 1 debentures
tion may by by-law mcur a debt or issue debentures for the r.s.o. i970,
purposes set forth in subsection 1 of section 92 and, not-°-^^^
withstanding any general or special Act, such by-law may be
passed without the assent of the electors of the Regional Area.
94. — (1) Where, under any general or special Act, an area idem
municipality cannot incur a debt or issue debentures for a
particular purpose without the assent of its electors or without
the concurrence of a specified number of the members of its
council, the Regional Council shall not pass a by-law author-
izing the issue of debentures on behalf of such area munici-
pality for such purpose unless such assent or concurrence
to the passing of the by-law by the Regional Council has
been obtained.
(2) Nothing in subsection 1 requires the assent of any Proviso
electors where such assent has been dispensed with under
section 63 of The Ontario Municipal Board Act.
95. — (1) Where the Municipal Board has authorized the Jorrovrtng
borrowing of money and the issue of debentures by the issue and
Regional Corporation for its purposes, the Regional Council debentures
pending the issue and sale of the debentures may agree with
a bank or person for temporary advances from time to
time to meet expenditures incurred for the purpose author-
ized, and may by by-law pending the sale of such debentures
or in lieu of selling them authorize the chairman and trea-
surer to raise money by way of loan on the debentures and
to hypothecate them for the loan.
138
58
Idem
(2) When the Municipal Board has authorized the borrow-
ing of money and the issue of debentures by the Regional
Corporation for the purposes of an area municipality, the
Regional Council or the council of the area municipality,
pending the issue and sale of the debentures may, and the
Regional Council on the request of the area municipality shall,
agree with a bank or person for temporary advances from
time to time to meet expenditures incurred for the purposes
authorized, and the Regional Council may, or on the request
of the area municipality shall, pending the sale of such deben-
tures or in lieu of selling them, authorize the chairman and
treasurer to raise money by way of loan on the debentures
and to hypothecate them for the loan, and shall transfer the
proceeds of such advance or loan to the area municipality.
Interest on (3) The Regional Corporation may charge interest on any
transferred proceeds of an advance or loan transferred under subsection
2 at a rate sufficient to reimburse it for the cost of such
advance or loan.
Application ^4^ jj^g proceeds of every advance or loan under this section
of loan shall be applied to the purposes for which the debentures were
authorized, but the lender shall not be bound to see to the
application of the proceeds and, if the debentures are subse-
quently sold, the proceeds of the sale shall be applied first in
repayment of the loan and, where the debentures were issued
for the purposes of an area municipality, the balance, subject
to section 107, shall be transferred to the area municipality.
(5) Subject to subsection 4, the redemption of a debenture
Hypothe-
cation
subsequent hypothecated does not prevent the subsequent sale thereof.
debentures
Principal
and interest
payments
96. — (1) Subject to subsection 2, a money by-law for the
issuing of debentures shall provide that the principal shall
be repaid in annual instalments with interest annually or
semi-annually upon the balances from time to time remaining
unpaid, but the by-law may provide for annual instalments
of combined principal and interest.
Sinking
fund
debentures
(2) A money by-law for the issuing of debentures may
provide that the principal shall be repaid at a fixed date with
interest payable annually or semi-annually, in which case
debentures issued under the by-law shall be known as sink-
ing fund debentures.
When
debentures
to be
payable
(3) Notwithstanding any general or special Act, the whole
debt and the debentures to be issued therefor shall be made
payable within such term of years as the Municipal Board
may approve.
138
59
(4) The by-law may provide for raising in each year, by p^Pfy^^^^^^^^^
special levy or levies against one or more area municipalities, area muni-
r ,. -n -, . ■ r,, r ■■ 1 i CipalltlCS
the whole or specined portions of the sums of prmcipal and
interest payable under the by-law in such year, and each
area municipality shall pay to the Regional Corporation such
sums at the times and in the amounts specified in the by-law.
(5) The by-law shall provide for raising in each year, by a||®nerai
special levy on all the area municipalities, the sums of
principal and interest payable under the by-law in such
year to the extent that such sums have not been provided
for by any special levy or levies against any area municipality
or municipalities made especially liable therefor by the by-law.
(6) Any special levy against an area municipality imposed ^^^jy^^y^^j
by the by-law under the authority of subsection 4 may becipaiities
levied by the area municipality against persons or property
in the same manner and subject to the same limitations as if
it were passing a by-law authorizing the issue of debentures
of the area municipality for the same purpose for the portion
of the debt levied against it under subsection 4.
(7) Notwithstanding subsection 5, the Regional Council ^^|^^^i^®^*
may by by-law,
debentures
and
debentures
to refund
(a) authorize the borrowing of money by the issue of debentures
instalment debentures, the last instalment of which **^ "^^^^^ ^
shall mature not earlier than ten years after the
date upon which- they are issued, and a specified
sum of principal payable thereunder in the final
year shall be raised by the issue of refunding
debentures as provided in clause b, and it shall not
be necessary to raise by special rate in the year
of maturity of the debentures to be refunded an
amount equal to the specified principal amount
of the debentures which are being refunded; and
{b) authorize the issue of debentures to refund at
maturity outstanding debentures of the munici-
pality, provided that the refunding debentures shall
be payable within the maximum period of years that
was approved by the order of the Municipal Board
for the repayment of debentures issued for the
debt for which the outstanding debentures were
issued, commencing on the date of the debentures
originally issued for such debt,
and any such by-law shall provide that the sums of principal
and interest payable under the by-law shall be raised by
a special levy or levies against such area municipality or
138
60
municipalities as may be specified in the by-law and such
levy shall be levied against the same area municipality or
municipalities in each case.
Levy
(8) Any special levy against an area municipality imposed
by the by-law under the authority of subsection 7 may be
levied by the area municipality against persons or property
in the same manner and subject to the same limitations as
if it were passing a by-law authorizing the issue of debentures
of the area municipality for the same purpose for the portion
of the debt levied against it under subsection 7, and any
levy imposed by a by-law under clause b of subsection 7 shall
be levied by the area municipality against the same persons
or property as the levy imposed by the related by-law under
clause a of subsection 7 was levied.
Levies
a debt
By-law to
change
mode of
issuing
debentures
(9) All levies imposed by the by-law against an area
municipality are a debt of the area municipality to the
Regional Corporation.
(10) The Regional Council may by by-law authorize a
change in the mode of issue of the debentures and may
provide that the debentures be issued with coupons instead
of in amounts of combined principal and interest or vice
versa, and where any debentures issued under the by-law
have been sold, pledged or hypothecated by the Regional
Council upon again acquiring them or at the request of any
holder of them, may cancel them and issue one or more
debentures in substitution for them, and make such new
debenture or debentures payable by the same or a different
mode on the instalment plan, but no change shall be made
in the amount payable in each year.
Debentures,
when to be
dated and
issued
(11) All the debentures shall be issued at one time and
within two years after the passing of the by-laws unless, on
account of the proposed expenditure for which the by-law
provides being estimated or intended to extend over a number
of years and of its being undesirable to have large portions
of the money in hand unused and uninvested, in the opinion
of the Regional Council it would not be of advantage to so
issue them, and in that case the by-law may provide that the
debentures may be issued in sets of such amounts and at
such times as the circumstances require, but so that the first
of the sets shall be issued within two years, and all of
them within five years, after the passing of the by-law.
Date of (12) All the debentures shall bear the same date, except
where they are issued in sets, in which case every debenture
of the same set shall bear the same date.
138
61
(13) Notwithstanding the provisions of the by-law, the idem
debentures may bear date at any time within the period of
two years or five years, as the case may be, mentioned in
subsection 11 and the debentures may bear date before the
date the by-law is passed if the by-law provides for the first
levy being made in the year in which the debentures are
dated or in the next succeeding year.
(14) The Municipal Board, on the application of the Extension
Regional Council, the council of any area municipality or for issue
any person entitled to any of the debentures or of the
proceeds of the sale thereof, may at any time extend the time
for issuing the debentures beyond the two years, or the time
for the issue of any set beyond the time authorized by the
by-law.
(15) The extension may be made although the application ^^^pJ,^^.^'^'^
is not made until after the expiration of the two years or of expired
the time provided for the issue of the set.
(16) Unless the by-law names a later day when it is to^^^^g^"^®
take effect, it takes effect on the day of its passing.
(17) Notwithstanding any general or special Act, the'^o^-
Regional Council may borrow sums for two or more purposes
in one debenture by-law and provide for the issue of one
series of debentures therefor.
Con-
solidating
(18) Section 290 of The Municipal Act applies mutatis Aehentxure
mutandis to the Regional Corporation. r.s.o. i970,
(19) The by-law may provide that all the debentures or a^^d^emption
portion thereof shall be redeemable at the option of the maturity
Regional Corporation on any date prior to maturity, subject
to the following provisions:
1 . The by-law and every debenture that is so redeemable
shall specify the place or places of payment and the
amount at which such debenture may be so redeemed.
2. The principal of every debenture that is so redeem-
able becomes due and payable on the date set for
the redemption thereof, and from and after such
date interest ceases to accrue thereon where provi-
sion is duly made for the payment of principal
thereof, the interest to the date set for redemption
and any premium payable on redemption.
3. Notice of intention so to redeem shall be sent by
prepaid mail at least thirty days prior to the date
138
62
set for such redemption to the person in whose name
the debenture is registered at the address shown in
the Debenture Registry Book.
4. At least thirty days prior to the date set for such
redemption, notice of intention so to redeem shall
be published in The Ontario Gazette and in a daily
newspaper of general circulation in the Regional
Area and in such other manner as the by-law may
provide.
5. Where only a portion of the debentures issued under
the by-law is so to be redeemed, such portion shall
comprise only the debentures that have the latest
maturity dates and no debentures issued under the
by-law shall be called for such redemption in priority
to any debentures that have a later maturity date.
6. Where a debenture is redeemed on a date prior to
maturity, such redemption does not affect the
validity of any by-law by which special assessments
are imposed or instalments thereof levied, the
validity of such special assessments or levies, or the
powers of the Regional Council to continue to levy
and collect from any area municipality the sub-
sequent payments of principal and interest payable
by it to the Regional Council in respect of the
debenture so redeemed.
Currency ^20) The by-law may provide that the debentures to be
issued thereunder shall be expressed and be payable,
{a) in lawful money of Canada and payable in Canada;
or
{b) in lawful money of the United States of America
and payable in the United States of America; or
(c) in lawful money of Great Britain and payable in
Great Britain; or
{d) subject to the prior approval of the Lieutenant
Governor in Council, in a currency other than that
of Canada, the United States of America or Great
Britain.
ni°e8*^ (21) Where under the provisions of the by-law debentures
issued thereunder are expressed and made payable in lawful
money of the United States of America or of Great Britain,
or in any currency other than that of Canada, the Regional
138
I
63
Council may in such by-law or in any amending by-law in
lieu of providing for the raising in each year during the
currency of the debentures specific sums sufficient to pay
interest thereon or instalments of principal falling due in
such year, provide that there shall be raised such yearly
amount as may be necessary for such purposes and as the
requirements for such purposes may from year to year vary.
(22) When sinking fund debentures are issued, the amount Principal
of principal to be raised in each year shall be a specific sum
which, with the estimated interest at a rate not exceeding
5 per cent per annum, capitalized yearly, will be sufficient to
pay the principal of the debentures or any set of them, when
and as it becomes due.
(23) When sinking fund debentures are issued, the sinking ^o^-^^^^^
fund committee shall keep one or more consolidated bank bank
, . , '^ accounts
accounts m which,
(a) the treasurer of the Regional Corporation shall deposit
each year during the term of the debentures the
moneys raised for the sinking fund of all debts that
are to be paid by means of sinking funds; and
{b) there shall be deposited all earnings derived from,
and all proceeds of the sale, redemption or payment of,
sinking fund investments.
(24) When sinking fund debentures are issued there shall be^^^*"^
a sinking fund committee that shall be composed of the committee
treasurer of the Regional Corporation and two members
appointed by the Regional Council, and the two appointed
members may be paid, out of the current fund of the Regional
Corporation, such annual remuneration as the Regional
Council determines.
(25) The Regional Council may appoint an alternate mem-^ig<^^''na^^g®
ber for each of the appointed members and any such alternate
member has all the powers and duties of the member in the
absence or inability to act of such member.
(26) The treasurer of the Regional Corporation shall be^^*'^'"*'i
the chairman and treasurer of the sinking fund committee and
in his absence the appointed members may appoint one of
themselves as acting chairman and treasurer.
(27) Each member of the sinking fund committee shall, Security
before entering into the duties of his office, give security
for the faithful performance of his duties and for duly account-
ing for and paying over all moneys that come into his hands,
138
64
R.S.0. 1970,
c. 284
in such amount as the auditor of the Regional Corporation
shall determine, and in other respects the provisions of sec-
tion 233 of The Municipal Act apply with respect to such
security.
Quorum (28) Two members of the sinking fund committee are a
quorum, and all investments and disposals of investments
must be approved by a majority of all the members of the
committee.
Control of (29) All assets of the sinking funds, including all con-
fund assets solidated bank accounts, shall be under the sole control and
management of the sinking fund committee.
With-
drawals
from bank
accounts
(30) All withdrawals from the consolidated bank accounts
shall be authorized by the sinking fund committee, and all
cheques on the consolidated bank accounts shall be signed
by the chairman or acting chairman and one other member
of the sinking fund committee.
Invest-
ments
(31) The sinking fund committee shall invest any moneys
on deposit from time to time in the consolidated bank accounts
and may at any time or times vary any investments.
Idem
(32) The moneys in the consolidated bank accounts shall
be invested in one or more of the following forms,
{a) in securities in which a trustee may invest under
R.S.O.1970, The Trustee Act;
0. 470 '
{h) in debentures of the Regional Corporation;
(c) in temporary advances to the Regional Corporation
pending the issue and sale of any debentures of the
Regional Corporation;
{d) in temporary loans to the Regional Corporation for
current expenditures, but no loan for such purpose
shall be made for a period ending after the end of
the calendar year in which the loan is made.
secu°itie°s^ ^^^) ^^^ Securities acquired by the sinking fund committee
with as investments for sinking fund purposes may be deposited
of Ontario with the Treasurer of Ontario.
Release of
securities
(34) The Treasurer of Ontario shall release, deliver or other-
byTreasurer wise disposc of any security deposited with him under sub-
section 33 only upon the direction in writing of the sinking
fund committee.
138
65
(35) All sinking fund debentures issued on the same date sinking
payable in the same currency, and maturing on the same accounts
date, notwithstanding they are issued under one or more
by-laws, shall be deemed one debt and be represented by one
sinking fund account.
(36) That portion of the amount of all earnings in any year, ^^^^^j-gl^
on an accrual basis, from sinking fund investments obtained to sinking
^ fund
by , accounts
{a) multiplying the amount of all such earnings by the
amount of the capitalized interest for that year under
subsection 22 with respect to the principal raised up
to and including such year for all sinking fund
debentures represented by any sinking fund account ;
and
{b) dividing the product obtained under clause a by the
amount of all capitalized interest for that year under
subsection 22 with respect to all principal raised up
to and including such year for all outstanding sinking
fund debentures,
shall be credited to the sinking fund account mentioned in
clause a.
(37) The treasurer of the Regional Corporation shall pre- sinking
pare and lay before the Regional Council in each year, before require-
the annual regional levies are made, a statement showing
the sums that the Regional Council will be required, by by-law,
to raise for sinking funds in that year.
(38) If the treasurer of the Regional Corporation contravenes offence
subsection 23 or 37, he is guilty of an offence and on summary
conviction is liable to a fine of not more than $250.
(39) If the Regional Council neglects in any year to levy ^|^i^^® *°
the amount required to be raised for a sinking fund, each
member of the Regional Council is disqualified from holding
any municipal office for two years, unless he shows that he
made reasonable efforts to procure the levying of such amount.
(40) Notwithstanding this or any other Act or by-law, if^ountin
it appears at any time that the amount at the credit of any sinking
sinking fund account will be more than sufficient, with the account
estimated earnings to be credited thereto under subsection Efficient
36 together with the levy required to be made by the by-law debt^^
or by-laws that authorized the issue of the debentures repre-
sented by such sinking fund account, to pay the principal of
138
66
the debt represented by such sinking fund account when it
matures, the Municipal Board, on the appHcation of the sink-
ing fund committee, the Regional Council or the council of
an area municipality, may authorize the Regional Council or
the council of an area municipality to reduce the amount of
money to be raised with respect to such debt in accordance
with the order of the Municipal Board.
No diversion (41) No money collected for the purpose of a sinking fund
funds shall be applied towards paying any part of the current or
other expenditure of the Regional Corporation or otherwise
than is provided in this section.
Surplus (42) When there is a surplus in a sinking fund account, the
sinking fund committee shall,
{a) use the surplus to increase the amount at the credit
of another sinking fund account ; or
{b) authorize the withdrawal of the surplus from the
consolidated bank accounts, and the surplus shall be
used for one or more of the following purposes,
(i) to retire unmatured debentures of the Regional
Corporation or of an area municipality,
(ii) to reduce the next annual levy on account of
principal and interest payable with respect
to debentures of the Regional Corporation or
of an area municipality,
(iii) to reduce the amount of debentures to be
issued for other capital expenditures for which
the issue of debentures has been approved by
the Municipal Board,
and the surplus shall be used under either clause a or h for
the purposes of the Regional Corporation or an area munici-
pality in the proportion that the amount of the contribution
for the purposes of each bears to the total contributions to
the sinking fund account in connection with which the surplus
arose.
Deficit (43) Notwithstanding that any sinking fund debentures
surplus have been issued for the purposes of one or more area muni-
cipalities, any deficit in the sinking fund account shall be
provided by the Regional Corporation out of its current
funds and any surplus in the sinking fund account shall be
used as provided in subsection 42.
138
I
67
(44) A money by-law may authorize the issue of debentures J^^m
of which a portion shall be payable on a fixed date with
interest payable annually or semi-annually, in which case
such debentures shall be known as term debentures.
(45) In respect of the term debentures, the by-law shall Amounts to
\ ' r ' J be raised
provide for raising, annually
{a) in each year of the currency of the term debentures
a sum sufficient to pay the interest on the term
debentures; and
{b) in each year of the currency of the term debentures
in which no other debentures issued under the same
by-law become due and payable, a specific amount to
form a retirement fund for the term debentures
which, with interest at a rate not to exceed 5 per
cent per annum compounded yearly, will be suffi-
cient to pay the principal of the term debentures
at maturity.
(46) The retirement fund for the term debentures shall be p®^^^®"i®°*
administered by the sinking fund committee in all respects
in the same manner as a sinking fund established under this
section, and the provisions of subsections 25 to 41 of this
section with respect to a sinking fund shall apply mutatis
mutandis to such retirement fund.
97. — (1) If the Municipal Board is of the opinion that the when^ra^te
current rate of interest so differs from the rate of interest may be
payable on any debentures that remain unsold or undisposed
of that the sale or disposal thereof may substantially decrease
or increase the amount required to be provided under the
by-law under which such debentures were issued, the Munici-
pal Board may authorize the Regional Council to pass a
by-law to amend such by-law so as to provide for,
{a) a different rate of interest;
(6) a change in the amount to be raised annually and,
if necessary, in the special levies ;
(c) such other changes in such by-law or any other by-
law as to the Municipal Board may seem necessary
to give effect thereto ;
{d) the issue of new debentures to bear interest at the
amended rate in substitution and exchange for such
first-mentioned debentures; and
138
68
(e) the cancellation of such first-mentioned debentures
upon the issue of such new debentures in substitu-
tion and exchange therefor.
Hypothe-
cation
not a sale
under this
section
(2) For the purposes of this section, the hypothecation of
debentures under section 95 shall not constitute a sale or other
disposal thereof.
Con-
solidation
of
debentures
(3) The Regional Council may by one by-law authorized
under subsection 1 amend two or more by-laws and provide
for the issue of one series of new debentures in substitution
and exchange for the debentures issued thereunder.
Special
assessment
and levies
(4) A by-law passed under this section does not affect the
validity of any by-law by which special assessments are
imposed or instalments thereof levied, the validity of such
special assessments or levies, or the powers of the Regional
Council to continue to levy and collect from any area muni-
cipality the subsequent payments of principal and interest
payable by it to the Regional Council.
Repeal of 9^^ — (J) Where part only of a sum of money provided for
part only by a by-law has been raised, the Regional Council may repeal
the by-law as to any part of the residue, and as a pro-
portionate part of the amounts to be raised annually.
of money
to be raised
When to
take
effect
(2) The repealing by-law shall recite the facts on which
it is founded, shall provide that it shall take effect on the
31st day of December in the year of its passing, shall not affect
any rates or levies due or penalties incurred before that day
and shall not take effect until approved by the Municipal
Board.
Until debt
paid certain
by-laws
cannot
be repealed
Application
of payments
99. — (1) Subject to section 98, after a debt has been con-
tracted under a by-law, the Regional Council shall not, until
the debt and interest have been paid, repeal the by-law or
any by-law appropriating, for the payment of the debt or the
interest, the surplus income from any work or any interest
therein, or money from any other source, and shall not alter
any such by-law so as to diminish the amount to be raised
annually, and shall not apply to any other purpose any money
of the Regional Corporation that has been directed to be
applied to such payment.
(2) When the Regional Corporation, by or under the authority
of this Act, pays to an area municipality any amount of
principal and interest becoming due upon any outstanding
debentures issued by the area municipality, neither the council
of the area municipality nor any officer thereof shall apply
138
69
any of the moneys so paid for any purpose other than the
payment of the amounts of principal and interest so becoming
due.
100. Any officer of the Regional Corporation whose duty Offence for
it is to carry into effect any of the provisions of a money officer
by-law of the Regional Corporation, who neglects or refuses out by-iaw
to do so, under colour of a by-law illegally attempting to
repeal or amend it, so as to diminish the amount to be raised
annually under it, is guilty of an offence and on summary
conviction is liable to a fine of not more than $100.
101. — (1) Within four weeks after the passing of a money ^°^®yg ^^
by-law, the clerk may register a duplicate original or a copy ^^ registered
of it, certified under his hand and the seal of the Regional
Corporation, in the appropriate land registry office.
(2) Subject to section 61 of The Ontario Municipal 5oarrf Application
Act, every by-law registered in accordance with subsection 1 , registered
or before the sale or other disposition of the debentures issued to be made
under it, and the debentures are valid and binding, according
to the terms thereof, and the by-law shall not be quashed,
unless within one month after the registration in the case of
by-laws passed under The Drainage Act, or The Local Improve- ^f"^^^^'
ment Act, and in the case of other by-laws, within three 255
months after the registration, an application or action to
quash the by-law is made to or brought in a court of competent
jurisdiction, and a certificate under the hand of the proper
officer of the court and its seal, stating that such application
has been made or action brought, is registered in such registry
office within such period of three months or one month, as
the case may be.
(3) After the expiration of the period prescribed by sub-J^^|^^®°
section 2, if no application or action to quash the by-law be yaiid
diiicl DiiiQ.in.&r
is made or brought, the by-law is valid and binding according
to its terms.
(4) If an application or action to quash the by-law is made Q^^^^^^^^
or brought within the period prescribed by subsection 2, but^y-iaw
part only of the by-law is sought to be quashed, the remainder
of it, if no application or action to quash it is made or brought
within that period, is after the expiration of that period,
valid and binding according to its terms.
(5) If the application or action is dismissed in whole or in Dismissal
part, a certificate of the dismissal may be registered, and application
after such dismissal and the expiration of the period pre-
scribed by subsection 2, if it has not already expired, the
by-law, or so much of it as is not quashed, is valid and
binding according to its terms.
138
70
Illegal (6) Nothing in this section makes vahd a by-law passed
by-laws not .\ ' ° r , i r • • T
validated Without the assent oi the electors oi an area municipahty as
required by subsection 2 of section 94 or a by-law where it
appears on the face of it that any of the provisions of subsection
5 of section 96 have not been substantially complied with.
Failure (7) Failure to register a by-law as prescribed by this sec-
tion does not invalidate it.
how^seaied^' 102. — (1) A debenture or other like instrument shall be
and executed sealed with the seal of the Regional Corporation, which seal
may be engraved, lithographed, printed or otherwise me-
chanically reproduced thereon, and, subject to subsection 3,
shall be signed by the chairman, or by some other person
authorized by by-law of the Regional Corporation to sign it,
and by the treasurer.
Interest (2) A debenture may have attached to it interest coupons
that shall be signed by the treasurer and his signature may
be engraved, lithographed, printed or otherwise mechanically
reproduced thereon and such interest coupons are sufficiently
signed if they bear the signature of the treasurer on the date the
Regional Council authorized the execution of the debenture
or on the date the debenture bears or at the time the deben-
ture was issued and delivered.
Mechanical (3) The signature of the chairman, or such other person
repro uc ion ^^^^^^^.j^^ed by by-law to sign the debentures or other like
s gnatures instruments, may be engraved, lithographed, printed or other-
wise mechanically reproduced thereon, and if the debenture
or other like instruments are countersigned in writing by a
person authorized by by-law of the Regional Corporation
to countersign, the signature of the treasurer may be engraved,
lithographed, printed or otherwise mechanically reproduced
thereon.
m^chanLai (^) ^^^ ^^^^ ^^ ^^^ Regional Corporation when so engraved,
reproduction lithographed, printed or otherwise mechanically reproduced has
the same force and effect as if manually affixed and the signature
of the chairman or such other person authorized by by-law
to sign the debentures or other hke instruments and, if the
debentures or other like instruments are countersigned, the
signature of the treasurer when so engraved, lithographed,
printed or otherwise mechanically reproduced shall be deemed
the signature of the chairman or other person so authorized
to sign or of the treasurer, as the case may be, and is binding
upon the Regional Corporation.
Sufficiency (5) Any debenture or other like instrument is sufficiently
signatures signed and countersigned if it bears the signature of the
138
71
persons provided in this section if such persons had authority
to sign and countersign as provided in this section either
on the date the Regional Council authorized the execution
of such instrument or on the date such instrument bears or
at the time it was issued and delivered.
103. Where the interest for one year or more on the i^ebentures
11 • • 1 r on which
debentures issued under a by-law and the prmcipal of any payment has
debenture that has matured has been paid by the Regional for one year
Corporation, the by-law and the debentures issued under it
are valid and binding upon the Regional Corporation.
1 04. — ( 1 ) Where a debenture contains or has endorsed upon ^ansfer
it provision to the following effect : S-escribed
This debenture, or any interest therein, is not, after a certificate
of ownership has been endorsed thereon by the treasurer of this
Corporation (or by such other person authorized by by-law of
this Corporation to endorse such certificate of ownership), transfer-
able except by entry by the treasurer (or by such other person so
authorized) in the Debenture Registry Book of the Corporation at
the
of.
the treasurer (or such other persons so authorized), on the
application of the owner of the debenture or of any interest in
it, shall endorse upon the debenture a certificate of ownership
and shall enter in a book to be called the Debenture Registry
Book, a copy of the certificate and of every certificate that
is subsequently given, and shall also enter in such book a
memorandum of every transfer of such debenture.
(2) A certificate of ownership shall not be endorsed on a ^g'Jj^g''®' ^g
debenture except by the written authority of the person last ^"^"j^^^j^^^
entered as the owner of it, or of his executors or administrators, of
, . 1 • r 1 ownership
or of his or their attorney, and, if the person last entered as
owner of it is a corporation, the written authority of such
corporation, or its successors, which authority shall be re-
tained and filed by the treasurer.
(3) After a certificate of ownership has been endorsed, the transfer by
debenture, if it contains or has endorsed upon it a provision Debenture
to the like effect of the provision contained in subsection l,Book
is transferable only by entry by the treasurer (or by such
other person so authorized) in the Debenture Registry Book
as and when a transfer of the debenture is authorized by the
then owner of it or his executors or administrators or his
or their attorney and, if the then owner of it is a corporation,
the written authority of such corporation, or its successors.
138
72
oflebeature ('^) ^ debenture may be registered as to both principal
as to principal and interest, in which case the interest thereon shall be paid
and interest r
by cheque and the debenture may be referred to as a fully
registered debenture.
Repiaxjement 105. Where a debenture is defaced, lost or destroyed, the
debentures Regional Council may by by-law provide for the replacing
of the debenture on the payment of such fee and on such
terms as to evidence and indemnity as the by-law may
provide.
Exchange
of
debentures
106. — (1) On request of the holder of any debenture issued
by the Regional Corporation, the treasurer of the Regional
Corporation may issue and deliver to such holder a new
debenture or new debentures in exchange therefor for the
same aggregate principal amount.
ofsink?ng* (^) ^^ ^^^ request of the sinking fund committee, the
fund treasurer of the Regional Corporation may, as provided in
committee . " * -^ ' "
this section, exchange debentures heretofore or hereafter
issued by the Regional Corporation.
New (3) Any new debenture mentioned in subsection 1 may be
debenture ^. ' ;' . . , , . i • ,i i
of same force registered as to principal and interest but m all other respects
d.nd effGCt a-s o r r i
debenture shall be of the same force and effect as the debenture or deben-
surren ere ^^j-gg surrendered for exchange.
Debentures
surrendered
for exchange
to be
cancelled
(4) The treasurer and auditor of the Regional Corporation
shall cancel and destroy all debentures surrendered for exchange
and shall certify in the Debenture Registry Book that they
have been cancelled and destroyed and shall also enter in the
Debenture Registry Book particulars of any new debenture
issued in exchange.
Application
of proceeds
of
debentures
107. — (1) The moneys received by the Regional Corpora-
tion from the sale or hypothecation of any debentures to the
extent that such moneys are required for the purposes for
which the debentures were issued, and for the repayment of
any outstanding temporary loans with respect thereto, shall
be used only for such purpose or purposes.
Idem
(2) None of the moneys received by the Regional Corpora-
tion from the sale or hypothecation of any debentures shall be
applied towards payment of the current or other expenditures
of the Regional Corporation or an area municipality.
Surplus
(3) Where on the sale of any debenture an amount is
realized in excess of that required for the purpose or purposes
for which the debentures were issued, the excess amount shall
be applied.
138
I
73
{a) if any such debentures are redeemable prior to
maturity at the option of the Regional Corporation
to redeem one or more of the debentures having
the latest maturity date; or
(b) to reduce the next annual levy on account of principal
and interest payable with respect to such deben-
tures; or
(c) to reduce the amount of debentures to be issued for
other capital expenditures of a similar nature for
which the issue of debentures has been approved by
the Municipal Board, provided that the principal
and interest charges of such debentures are levied
upon the assessment of the same class of ratepayers
as was levied upon for the principal and interest
charges of the debentures with respect to which the
excess arose.
(4) Where on the sale of any debentures a deficiency in the Deficiency
amount required for the purpose or purposes for which the
debentures were issued is sustained, the amount of such
deficiency shall be added to the sum to be raised for the first
annual payment of principal and interest with respect to the
debentures and the levy made in the first year for such
purpose or purposes shall be increased accordingly or shall be
raised by the issue of other debentures approved by the
Municipal Board for the same or any similar purpose or
purposes.
108. Where real or personal property acquired out of ^^^^^^^^g ^^
moneys received by the Regional Corporation from the sale sale of
or hypothecation of any debentures is disposed of by sale or acquired
otherwise, the net proceeds of such disposal shall be applied proceeds of
as an excess in accordance with subsection 3 of section 107 debentures
or, with the approval of the Municipal Board, may be applied
to meet the whole or a portion of any other capital expenditure
the debt charges for which, if raised by taxation, would be
raised by taxation levied upon the assessment of the same
class of ratepayers as was levied upon for the principal and
interest charges of the property disposed of or sold.
109. When the Regional Corporation intends to borrow Tenders for
money on debentures under this or any other Act, the Regional
Council may prior to the issue thereof call for tenders for the
amount of money required and the person tendering shall
specify the rate of interest the debentures shall bear when
issued at par.
110. — (1) The Regional Council shall, how^to'bl'
kept
(a) keep a separate account of every debenture debt;
138
74
Consolidated
interest
account
Application
ofsurplus
money
Liability
of members
Action by
ratepayer
{b) where the whole of a debenture debt is not payable
in the current year, keep in respect thereof,
(i) an additional account for the interest, if any,
and
(ii) an additional account for the sinking fund or
the instalments of principal,
distinguished from all other accounts by a prefix
designating the purpose for which the debenture
debt was contracted; and
(c) keep the accounts so as to exhibit at all times the
state of every debt, and the amount of money raised,
obtained and appropriated for the payment of it.
(2) The Regional Council may by by-law provide and direct
that instead of a separate account of the interest upon every
debt being kept, a consolidated account of the interest upon
all debts may be kept, but which consolidated account shall
be so kept that it will be possible to determine therefrom the
true state of the interest account upon every debt and that
provision has been made to meet the interest upon every
debt.
111. If, in any year after paying the interest and appro-
priating the necessary sum in payment of the instalments,
there is a surplus properly applicable to such debt, it shall
so remain until required in due course for the payment of
interest or in payment of principal.
112. — (1) If the Regional Council applies any money
raised for a special purpose or collected for a sinking fund in
payment of current or other expenditure, the members who
vote for such application are personally liable for the amount
so applied, which may be recovered in any court of competent
jurisdiction.
(2) If the Regional Council, upon the request in writing
of a ratepayer of any area municipality, refuses or neglects
for one month to bring an action therefor, the action may
be brought by any such ratepayer on behalf of himself and all
other ratepayers in the Regional Area.
^^squaiifi- (3) fhe members who vote for such application are dis-
qualified from holding any municipal office for two years.
Refinancing
of
debentures
113. When, by or under the authority of this Act, the
Regional Corporation is or becomes liable for the payment
to an area municipality of all amounts of principal and
interest becoming due upon any outstanding debentures issued
by the area municipality, the Regional Corporation may,
with the approval of the Municipal Board,
138
75
(a) cancel all such debentures that have not been sold
and issue new debentures of the Regional Corporation
in substitution and exchange therefor and apply the
proceeds thereof, as may be directed by the Muni-
cipal Board, for the purposes for which such deben-
tures were issued;
(b) arrange with the area municipality for the redemption
of all such debentures as are redeemable and issue
new debentures of the Regional Corporation to raise
the moneys required for such redemption ; and
(c) purchase, by agreement with the owner or owners
thereof, all such debentures of a single issue of the
area municipality, and issue new debentures of the
Regional Corporation to raise the money required to
complete such purchase.
Assets
114. In the year 1973, no local municipality in the Regional ^ji|P^|*^
Area shall, after the 1st day of June, without the approval
of the Minister, dispose of any asset purchased at a cost
of, or valued at more than $5,000.
PART X
General
115.— (1) Sections 5, 217, 223, 224, 229, 231, 232, 233 Appucawon^
and 235, subsections 1, 4 and 5 of section 237, sections 238, c. 284
239, 245, 249, 250 and 254 and paragraphs 3, 9, 24, 63, 64,
65, 66 and 67 of section 352 and Parts XV, XVI, XVII and
XXI of The Municipal Act apply mutatis mutandis to the
Regional Corporation.
(2) For the purposes of subsection 2 of section 466 of ^^^un^^^Rscf
Municipal Act, the by-laws of the Regional Corporation ori97o,c.284
any local board thereof shall be considered to be by-laws
passed by the council of a city.
(3) Sections 10 and 11 and, subject to subsection 3 of ^^«^^k.ns,^^
section 2, subsection 2 of section 14 of The Municipal Act doandamaiga-
.... . , . ^ , mations
not apply to any area municipality except in relation to altera-
tions of boundaries, within the Regional Area, of area muni-
cipalities, which alterations, in the opinion of the Municipal
Board, are of a minor nature.
(4) The Regional Corporation shall be considered to be a local portlticm "^
municipality for the purposes of paragraphs 90 and 116 of systems,
subsection 1 of section 354 and section 394 of The Municipal Act. posai, enter-
tainment
expenses,
138 ^*''-
76
Delegation (5) NotwithstandinsT any other provision in this Act, the
of approval ^ ^ / , „ ., i i i • •
Regional Council may pass a by-law authorizing the head of the
department concerned to grant the approval required by sub-
section 2 of section 35 and any such by-law may prescribe
terms and conditions under which any such approval or
consent may be granted.
Deemed (6) The Regional Corporation shall be deemed to be a
municipality ••,■,? ^i r j.- oo t n-i j ■
for R.s.o. municipality for the purposes of section 88 of 1 he Liquor
1970, c. 250, T ■ A 1 f f 1
S.88 Licence Act.
By-laws (7) Every by-law of a local municipality as it exists on the
31st day of December, 1973, shall remain in force in the area
of the former local municipality on and after the 1st day of
January, 1974, and may be amended or repealed by the council
of an area municipality as it affects such area municipality.
Idem
(8) Where any local municipality has commenced pro-
cedures to enact a by-law which, prior to its enactment, re-
quires the approval of any minister of the Crown, any provin-
cial ministry, the Municipal Board or any provincial body
or agency, and such approval has not been obtained prior to
the 31st day of December, 1973, then the council of the
successor area municipality to such local municipality shall
be entitled to continue the procedure to finalize such by-law
of the local municipality in so far as it pertains to such area
municipality, and the provisions of subsection 7 apply mutatis
mutandis to any such by-law.
Vesting of (9) In the event that the Regional Corporation establishes
portation a transportation system in accordance with the provisions of
in Regionaf ^ subsection 4, no area municipality shall operate such a system
Corporation ^^^ ^jj ^^^ asscts and liabilities of any area municipality
used for a public transportation system vest in the Regional
Corporation on the day such regional transportation system
is established, without compensation, and the Regional Cor-
poration shall thereafter pay to the area municipality before
the due date all amounts of principal and interest becoming
due upon any outstanding debt of the area municipality in
respect of any such assets.
Default
Emergency
measures,
civil
defence
(10) If the Regional Corporation fails to make any pay-
ment on or before the due date, required by subsection 9, the
area municipality may charge the Regional Corporation interest
at the rate of 12 per cent per annum thereon, or such lower
rate as the council of the area municipality determines from
such date until payment is made.
116. — (1) The Regional Council may pass by-laws,
138
77
(a) for the establishment and maintenance of an emer-
gency measures civil defence organization in the
Regional Area; and
(b) for providing moneys for emergency measures and
civil defence, for the purposes of the emergency
measures civil defence organization and for the cost
of the operation of such organization, and for other
similar work in the Regional Area,
and, when a by-law passed under this subsection is in force in
the Regional Area, any by-laws passed by the council of an
area municipality under subclauses ii and iii of clause b of
section 353 of The Municipal Act have no effect. ^fa?'^^''^'
(2) When a by-law passed under clause a of subsection 1 ^g^J^^i
is in force, the Regional Council may pass by-laws, council re
" -^ r ^ ' emergrency
measures
{a) with the consent of the area municipality or local
board concerned, for appointing heads of departments
and alternates to be members of or advisors to the
emergency measures planning committee or any
subcommittee thereof;
(b) with the consent of the area municipality or local
board concerned, for training employees of the area
municipality or local board in their emergency func-
tions ;
(c) for appointing members of the emergency measures
planning committee or of any subcommittee thereof
to be in charge of such departments or utilities through-
out the Regional Area, as the by-law may provide,
when an emergency has been proclaimed under the
War Measures Act (Canada) or under The £"wgy^g«cy R|^c. i970,
Measures Act; R.sp.'i970,
c. 145
{d) for acquiring alternative headquarters for the Re-
gional Government outside the Regional Area;
(e) for obtaining and distributing emergency materials,
equipment and supplies; and
(/) for complying with any request of the Government
of Canada or of Ontario in the event of a nuclear
attack.
(3) For the purposes of The Emergency Measures Act, the deemed
Regional Corporation shall be deemed to be a county and the R.s.o. i970,
area municipalities shall be deemed to be the local municipalities
that form part of the county for municipal purposes.
138
78
for^dim^S^ 117. — (1) The Regional Corporation may make expendi-
information tures for the purpose of diffusing information respecting
the advantages of the regional municipahty as an in(histrial,
business, educational, residential or vacation centre and may
make annual grants for a period not exceeding five years.
Application
R.S.0. 1970,
c. 284
Grants
to persons
engaged in
work
advan-
tageous to
Regional
Area
(2) Paragraph 50 of subsection 1 of section 354 and section
395 of The Municipal Act apply mutatis mutandis to the
Regional Corporation, and no area municipality shall exercise
any such powers save and except in respect of those lands
acquired or held by a local municipality on or before the 31st
day of December, 1973.
118. The Regional Council may make annual grants, not to
exceed in any year a sum calculated at one-tenth of one mill
in the dollar upon the total assessment upon which the regional
levy is apportioned among the area municipalities under sub-
section 3 of section 81, to institutions, associations, area muni-
cipalities and persons carrying on or engaged in works that
in the opinion of the Regional Council are for the general
advantage of the inhabitants of the Regional Area and for which
grant or grants there is no express authority provided by any
other Act.
R.S.0. 1970
C.505
Payment 119. Where, in an action or by the settlement of a claim
of damages .. ^ c ■ ■ ^ i -ij- i
to employees arising out ol any injury to an employee including a member
of the Peel Regional Police Force, or to any person considered
an employee for the purposes of The Workmen's Compensation
Act, the Regional Corporation 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 Regional Corporation may impose.
Investi-
gation
by county
judge of
charges of
malfeasance
1971. c. 49
120. — (1) Where the Regional Council passes a resolution
requesting a judge of the county court within the Regional
Area or a judge of the county court of a county or judicial
district adjoining the Regional Area to investigate any matter
relating to a supposed malfeasance, breach of trust or other
misconduct on the part of a member of the Regional Council,
or an officer or employee of the Regional Corporation, or of any
person having a contract with it, in regard to the duties or
obligations of the member, officer, employee or other person
to the Regional Corporation, or to inquire into or concerning
any matter connected with the good government of the Regional
Corporation or the conduct of any part of its public business,
including any business conducted by a local board of the
Regional Corporation, the judge shall make the inquiry and
for that purpose has all the powers that may be conferred
on a commission under Part II of The Public Inquiries Act,
1971 and he shall, with all convenient speed, report to the
138
79
Regional Council the result of the inquiry and the evidence
taken.
(2) The judge shall be paid by the Regional Corporation f^f^^^f*/^^^®
the same fees as he would be entitled to if the inquiry had
been made by him as a referee under The Judicature Act. c.'228'
(3) The Regional Council may engage and pay counsel to ^^^^^^g^j'^^
represent the Regional Corporation, and may pay all proper
witness fees to persons summoned to give evidence at the
instance of the Regional Corporation, and any person charged
with malfeasance, breach of trust or other misconduct, or
whose conduct is called in question on such investigation
or inquiry, may be represented by counsel.
(4) The judge may engage counsel and such other assistants idem
and staff and incur such incidental expenses as he considers
advisable for the proper conduct of the investigation or
inquiry, and the Regional Corporation shall pay the costs
thereof.
121. — (1) The Lieutenant Governor in Council, upon the commission
recommendation of the Minister, may issue a commission to
inquire into any of the affairs of the Regional Corporation or a
local board thereof, and any matter connected therewith, and
the commission has all the powers that may be conferred on a
commission under Part II of The Public Inquiries Act, 1971. i97i.c.49
(2) A commission may be recommended at the instance of ^mmission
the Ministry or upon the request in writing of not less than i"ay issue
one-third of the members of the Regional Council, or of not less
than fifty ratepayers of an area municipality assessed as owners
and resident therein.
(3) The expenses of and incidental to the execution of the Expenses
commission, including the fees and disbursements of the com- commission
missioner, shall be fixed and certified by the Minister and are
subject to such division between the Regional Corporation
and the Province as the Lieutenant Governor in Council may
direct.
122. The Regional Corporation for its purposes may enter, Entry on
break up, dig and trench in, upon and under the highways, etc.
lanes and other public communications of any area muni-
cipality and may construct and maintain therein pipes, sewers,
drains, conduits and other works necessary for its purposes,
without making compensation therefor, but all such highways,
including any sidewalks thereon, lanes and other public com-
munications shall be restored to their original condition without
unnecessary delay.
re services
123. The Regional Corporation and any area municipality Agreements
may enter into agreements for the use within any part of the
138
80
Application
ofR.S.O.
1970, c. 32
Regional
Corporation
and area
muni-
cipalities
deemed not
tenants
Regional Area of the services of their respective officers,
employees and equipment on any such terms and conditions
as the councils deem necessary.
124. — (1) For the purposes of paragraph 9 of section 3 and
section 35 of The Assessment Act, the Regional Corporation
shall be deemed to be a municipality.
(2) For the purposes of paragraph 9 of section 3 of The
Assessment Act, where property belonging to the Regional
Corporation is occupied by an area municipality or where
property belonging to an area municipality is occupied by the
Regional Corporation or another area municipality, the
occupant shall not be considered to be a tenant or lessee,
whether rent is paid for such occupation or not.
Inter-
pretation
(3) In subsection 2, "Regional Corporation" and
municipahty" include a local board thereof.
area
Execution
against
Regional
Corporation
125. — (1) An execution against the Regional Corporation
may be endorsed with a direction to the sheriff to levy the
amount thereof by rate, and the proceedings therein shall then
be the following :
1. The sheriff shall deliver a copy of the writ and endorse-
ment to the treasurer of the Regional Corporation,
or leave such copy at the office or dwelling place
of the treasurer, with a statement in writing of the
sheriff's fees and of the amount required to satisfy
the execution, including the interest calculated to some
day as near as is convenient to the day of the service.
2. If the amount with interest thereon from the day
mentioned in the statement is not paid to the sheriff
within one month after the service, the sheriff shall
examine the assessment rolls of all the area muni-
cipalities and shall, in like manner as the levies of the
Regional Council for general purposes are apportioned
among the area municipalities, determine the portion
of the amount mentioned in the statement that shall
be levied against and in each area municipality.
3. The sheriff shall then in like manner as rates struck
for general municipal purposes within each area
municipality strike a rate sufficient in the dollar to
cover its share of the amount due from the execution,
and in determining such amount he may make such
addition to the same as the sheriff considers sufficient
to cover its share of the interest up to the time when
the rate will probably be available and his own fees
and poundage.
138
81
4. The sheriff shall thereupon issue a precept under his
hand and seal of office directed to the collector of the
area municipality and shall annex to the precept
the roll of such rate and shall by the precept, after
reciting the writ and that the Regional Corporation
has neglected to satisfy the same, and referring to the
roll annexed to the precept, command the collector
to levy such rate at the time and in the manner
by law required in respect of the general annual
rates.
5. If, at the time for levying the annual rates next after
the receipt of such report, the collector has a general
rate roll delivered to him for the year, he shall add a
column thereto, headed "Execution rate in A.B. vs.
The Regional Municipality of Peel" (adding a similar
column for each execution if more than one), and
shall insert therein the amount by such precept re-
quired to be levied upon each person respectively,
and shall levy the amount of such execution rate
as aforesaid, and shall, within the time within which
he is required to make the return of the general
annual rate, return to the sheriff the precept with
the amount levied thereon.
6. The sheriff shall, after satisfying the execution and all
the fees and poundage thereon, pay any surplus,
within ten days after receiving the same, to the
treasurer of the area municipality.
(2) The clerk, assessor and collector of each area n^uni- ^j»^°ctK)n
cipality shall, for all purposes connected with carrying into collector
effect, or permitting or assisting the sheriff to carry into assessor
effect, the provisions of this Act with respect to such execution,
be considered to be officers of the court out of which the writ
issued, and as such are amenable to the court and may be
proceeded against by attachment, mandamus or otherwise in
order to compel them to perform the duties imposed upon
them.
126. — ( 1 ) The Corporation of the County of Peel is dissolved di^sof^e^
on the 1st day of January, 1974, and the Regional Corporation
shall stand in the place and stead of the County of Peel
in any agreements to which such county was a party.
(2) All the assets and liabilities of the County of Peel ^ss^^is^and
become, on the 1st day of January, 1974, the assets and etc.
liabilities of the Regional Corporation, and all documents
and records kept by the clerk or treasurer or any other officer
of the County of Peel shall be transferred to the clerk, and
138
82
on the same date that portion of the Town of Oakville described
in clause a of subsection 1 of section 2 is withdrawn from
the County of Halton.
Powers of
Municipal
Board
R.S.0. 1970,
C.284
127. — (1) Except as provided in this Act, the Municipal
Board, upon the application of any area municipality or the
Regional Corporation, may exercise any of the powers under
clauses a, b and d of subsection 11 of section 14 of The Municipal
Act in relation to the dissolution of the County of Peel.
Settling
of doubts
R.S.0. 1970,
c. 323
(2) In the event of any doubt as to whether any particular
asset or liability is vested in the Regional Corporation under
this Act, the Municipal Board upon application has power to
determine the matter as sole arbitrator and sections 94 and 95
of The Ontario Municipal Board Act do not apply to decisions
or orders made in the exercise of such power.
Idem
(3) In the event of any doubt as to whether any outstanding
debt or portion thereof is a debt in respect of any asset
assumed by or vested in the Regional Corporation under this
Act, the Municipal Board upon application may determine
the matter and its decision is final.
Conditional
powers
128. The Lieutenant Governor in Council, upon the recom-
mendation of the Minister, may authorize all such acts or things
not specifically provided for in this Act that are considered
necessary or advisable to carry out effectively the purposes of
this Act.
Conflict
with other
Acts
Special
legislation
129. — (1) The provisions of this Act apply notwithstanding
the provisions of any general or special Act and, in the event
of any conflict between this Act and any general or special Act,
this Act prevails.
(2) The provisions of any special Act relating to the County
of Peel or a local board thereof or to any local municipality
or local board thereof within the Regional Area, in so far as the
provisions of such special Act are not in conflict with the pro-
visions of this Act, continue in force, and the powers conferred
by any such special Act may be exercised by the Regional
Corporation or a local board thereof or by the corporation of the
appropriate area municipality or a local board thereof according
to whether the powers conferred by such special Act relate to
a function assigned under this Act to the Regional Corporation
or a local board thereof or to the area municipalities or local
boards thereof.
Municipal
buildings
130. — (1) The Regional Corporation or an area municipality
or the Regional Corporation and one or more area muni-
cipalities.
138
83
{a) may acquire land for the purpose of constructing
municipal buildings ; and
(6) may construct municipal buildings for the use of the '
Regional Corporation or the Regional Corporation
and one or more area municipahties or any local
board thereof.
(2) Section 256 of The Municipal Act applies fnutatis ^^P^'^^^f^^^
mutandis to any joint undertaking under this section. c. 284, s. 256
131. — (1) In this section "waste" includes ashes, s,SiTha.se ,}^i^l\.„
c ,. ,.,., ., ^ . .^ , pretation
refuse, domestic waste, solid industrial waste or municipal
refuse and such other wastes as may be designated by by-law
of the Regional Council.
(2) On and after the 1st day of January, 1974, the Regional Receiving .^^
Corporation shall provide facilities for the purpose of receiving, of waste by
dumping and disposing of waste, and no area municipality corporation
shall provide such facilities,
(3) For the purposes of subsection 2, the Regional Cor-Waste^^
poration may acquire and use land within the Regional Area sites
and may erect, maintain and operate all facilities including
buildings, structures, machinery or equipment for the purposes
of receiving, dumping and disposing of waste, and may con-
tract with any person, including Her Majesty in right of Ontario,
for such purposes, and may prohibit or regulate the dumping
and disposing of waste or any class or classes thereof upon such
land, and may charge fees for the use of such property, which
fees may vary in respect of different classes of waste, and all
such existing facilities and lands of a local municipality to the
extent they are used for such purposes vest in the Regional
Corporation on the 1st day of January, 1974, without com-
pensation.
(4) The Regional Corporation shall pay to the corporation Payments of
of any area municipality on or before the due date all amounts and interest
of principal and interest becoming due upon any outstanding cipaiities
debt of such area municipality in respect of the property
assumed by the Regional Corporation under the provisions of
subsection 3.
(5) If the Regional Corporation fails on or before the due date^®^*"^*
to make any payment required by subsection 4, the area muni-
cipality may charge the Regional Corporation interest at the
rate of 12 per cent per annum thereon, or such lower rate as the
council of the area municipality determines, from such date
until payment is made.
138
84
O.M.B.
to arbitrate
(6) In the event of any doubt as to whether any out-
standing debt or portion thereof was incurred in respect of any
property vested in the Regional Corporation under this section,
the Municipal Board may determine the matter and such
determination is final and binding.
Application (7) For the purposes of subsection 3, paragraph 77 of sub-
c. 284, 8. 354 ' section 1 of section 354 of The Municipal Act applies mutatis
mutandis.
Agreement 132. Where any agreement has been entered into by a local
successor .... •:,.", , , ....
rights municipality, providing the terms thereof are not inconsistent
with the provisions of this Act, the Regional Corporation or the
appropriate area municipality shall on and after the 1st day of
January, 1974, be deemed to stand in the place and stead of
such local municipality in so far as the agreement pertains to
the functions of the Regional Corporation or area municipality.
Regional 133. The Regional Corporation shall appoint a Regional
co-ordinator Fire Co-ordinator who shall be responsible for the establishment
of an emergency fire service plan and program for the Regional
Area, and the Regional Corporation is authorized to expend such
sums as it considers necessary to implement such plan and
program.
Existing 134. — (1) Notwithstanding the other provisions of the Act
limits but subject to subsections 2 and 3, for the purposes of section
TscTmo ^2 ^^ ^^^ Highway Traffic Act the area in the Regional Area
j.'2d2' ' that, on the 31st day of December, 1973, formed part of a
town, village or township municipality shall be considered to
continue to form part of a town, village or township muni-
cipality.
Re'ionlf^ (2) Notwithstanding subsection 1, the Regional Council
Council and and the council of each area municipality may exercise any
of its powers under section 82 of The Highway Traffic Act in
respect of highways under its jurisdiction and control.
(3) Every by-law passed by the council of a municipality
under any provision of section 82 of The Highway Traffic Act
that applied, on the 31st day of December, 1973, to any
highway or portion thereof within the Regional Area shall
continue to apply thereto until a by-law passed by the Regional
Council or the council of an area municipality under such
section 82 applies thereto.
Existing
speed limits
continued
Application
ofR.S.O.
1970, c. 364
s. 108
135. — (1) On and after the 1st day of January, 1974,
no area municipality shall be required to comply with section
108 of The Power Commission Act.
138
85
(2) Where, on the 31st day of December, 1973, The Hydro- distribution
Electric Power Commission of Ontario or a pubHc utihties electrical
commission or a hydro-electric commission is supplying
electrical power and energy in any area within the Regional
Area, such commission shall continue, until a date to be deter-
mined by the Minister, to distribute and sell power within such
area and such commission shall be deemed to be a local board
of the area municipality in which it has jurisdiction.
(3) The members of a public utilities commission or a hydro- Members of
^ ' ^ -' commission
electric commission referred to in subsection 2, including ex conUnue
officio members, who hold office when this section comes into
force, shall continue to hold office until a date to be deter-
mined by the Minister and, in addition to such members, the
mayor elected for the area municipality in which such a com-
mission operates shall also be a member of such commission.
(4) All public utilities commissions and waterworks com- ^P^^^l^*^'^^
missions within the Regional Area, except those referred to in
subsection 2, are hereby dissolved on the 1st day of January,
1974.
(5) A person who is a member of a commission referred ^^fg^ion
to in this section is not disqualified to be elected a member npt
. ^ . . . disqualified
of the Regional Council or the council of an area munici- as members
pality or to sit or vote therein by reason of being a member
of such commission.
136.— (1) On the 31st day of December, 1973, all com-SoaMs,
munity centre boards and all boards of recreation or park dissolved
management in a local municipality are dissolved and the
assets and liabilities thereof become, on the 1st day of
January, 1974, the assets and liabilities of the area munici-
pality of which the local municipality becomes a part, and
in the event the area of jurisdiction of any such board is
divided between two area municipalities, the committee of
arbitrators appointed under section 88 shall make the
determination of the disposition of such assets and liabilities
in the manner prescribed in that section.
(2) The council of an area municipality shall be deemed ^"^j^g^^
to be a recreation committee under The Ministry of Com- ^o^^fttee
munity and Social Services Act and the regulations thereunder, etc.
and a board of a community centre under The Community ^■^■O■^9^0,
Centres Act.
137. — (1) The Regional Council may pass by-laws for Acquiring
acquiring land for and establishing, laying out and im- parks, etc.
proving and maintaining public parks, zoological gardens,
recreation areas, squares, avenues, boulevards and drives in
the Regional Area and for exercising all or any of the powers
138
86
^Im"^^™' ^^^^ ^'"^ conferred on boards of park management by
The Public Parks Act.
f^Htuous, (2) In addition to the powers that may be exercised under
fn parks "'^ subsection 1, the Regional Council has power to let from
year to year, or for any time not exceeding ten years, the
right to sell, subject to The Liquor Licence Act, and the
regulations made thereunder, spirituous, fermented or in-
toxicating liquors within regional parks under such regula-
tions as the Regional Council may prescribe.
(3) Paragraphs 70 and 71 of section 352 of The Municipal
Act apply mutatis mutandis to the Regional Corporation.
R.S.0. 1970,
c. 250
Application
ofR.S.O.
1970, c. 284
Corporation ('^) ^^^ Regional Corporation shall be deemed to be a
ci"ai?t municipality for the purposes of The Parks Assistance Act
under R.s.o. and The Community Centres Act.
1970, cc. 337, 73 -^
Parkiands (5) Where, under an agreement with any conservation
owned by \ ' . . " . •' . .
conseryation authority, lands vested in the conservation authority are
on y nianaged and controlled by the Regional Corporation, the
Regional Corporation may.
[a) exercise all or any of the powers conferred on it
under subsection 1 in respect of such lands ;
(6) lay out, construct and maintain roads on such lands
and, with the consent of the area municipality in
which such lands, or any part thereof, are situate,
assume the maintenance of existing roads on such
lands, or any part thereof;
R.s.o. 1970,
c. 202
Payment
in lieu
of taxes
(c) subject to The Highway Traffic Act, regulate traffic
on such roads and prescribe the rate of speed for
motor vehicles driven on such roads in accordance
with subsection 4 of section 82 of The Highway
Traffic Act.
(6) The Regional Council may agree to pay annually to the
area municipality in which any land used for the purposes
set out in subsection 1 is situate a sum not exceeding the
amount that would have been payable to the municipality
as taxes if the land were not exempt from taxation.
County
museum
vested in
Regional
Corporation
Regional
Muni-
cipality
school
division
138. The Peel County Museum and Art Gallery together
with the assets and liabilities thereof vest, on the 1st day
of January, 1974, in the Regional Corporation.
139. Notwithstanding the provisions of any other Act,
on and after the 1st day of January, 1974, The Regional
Municipality of Peel is a school division and the Peel County
138
87
Board of Education is continued, subject to subsection 5 of
section 29 of The Secondary Schools and Boards of Education ^foF" ^^''°'
Act, as the divisional board of education for The Regional
Municipality of Peel.
140.— (1) The Peel County Board of Education may, school
by resolution, provide that the election of members of the elections
board shall be held in the year 1974 and unless a certified
copy of such resolution is received by the Minister on or before
the 15th day of July, 1973, the election of members of the
board shall be held in the year 1973.
(2) Section 38 of The Secondary Schools and Boards oj^^^™
Education Act applies to the election of the members of The
Peel County Board of Education except that, notwithstanding
The Municipal Elections Act, 1972, if such election is held ini9'72, c. 95
the year 1973,
{a) the polling day for the members of The Peel County
Board of Education shall be the 1st day of October
and the hours of polling shall be the same as for the
municipal elections in the Regional Area, and the
members elected on such date shall take office on the
1st day of January, 1974, and continue in office
until the 31st day of December, 1976;
{b) the Minister shall, by order, provide for the nomination
of candidates for The Peel County Board of Education
and may, by order, provide for any other matters
necessary to hold the election for such board ;
(c) any reference in such section to the 1st day of
September, the 15th day of September or the 1st day
of October shall be deemed to be a reference to the 1st
day of August, the 15th day of August or the 1st day of
September, respectively; and
{d) the expenses of the local municipalities for such
election shall, as approved by the Minister, be paid
out of the Consolidated Revenue Fund,
and, if such election is held in the year 1974, the expenses of the
area municipalities for such election shall be paid by The Peel
County Board of Education.
(3) The members of The Dufferin-Peel County Roman ^*^^"^
Catholic Separate School Board who hold office on the day this
Act comes into force continue to hold office until the 31st day of
December, 1976, and the trustees shall designate which one of
their number shall represent that area of the City of Mississauga
formerly in the Town of Oakville.
138
^Im 8^244 **^* Section 244 of The Municipal Act does not apply
not to apply to the council of a local municipality in the Regional Area
in the year 1973.
Public
library
boards
R.S.0. 1970,
c. 381
142. Notwithstanding the provisions of The Public Libraries
Act, the Minister may by order provide for the establishment
of a public library board in any area municipality and for
the transfer of any assets and liabilities of any former public
library board to such new board.
cities'in^ 143. The council of the City of Mississauga may pass
Regional any by-law that a board of commissioners of police of a city
pass by-laws is authorized to pass under The Municipal Act.
Organization
expenses
144. — (1) The Lieutenant Governor in Council may, by
order, provide for payments to be made out of the Consolidated
Revenue Fund towards the organization expenses of the
Regional Corporation.
Conditions
of payment
Commence-
ment
(2) Payments made under this section shall be made on such
terms and conditions as the Minister may direct.
145.— (1) This Act, except Parts V, VII and VIII and
sections 78 to 87 and 89 to 113 of Part IX, comes into force
on the day it receives Royal Assent.
Idem
(2) Parts V, VII and VIII and sections 78 to 87 and 89 to
1 13 of Part IX come into force on the 1st day of January, 1974.
Short title
146. This Act may be cited as The Regional Municipality
of Peel Act, 1973.
138
89
FORM 1
{Section 10 (6) )
OATH OF ALLEGIANCE
I
having been elected (or appointed) as chairman of the council of The Regional
Municipality of Peel, do swear that I will be faithful and bear true allegiance
to Her Majesty Queen Elizabeth II (or the reigning sovereign for the time
being).
Sworn before me, etc.
FORM 2
{Section 10 {6) )
DECLARATION OF QUALIFICATION BY CHAIRMAN
I
having been elected {or appointed) as chairman of the council of The Regional
Municipality of Peel declare that :
1. I am a British subject and am not a citizen or a subject of any
forcif^'i! <()untry.
2. I am of the full ago of eighteen years.
3. I am not an officer, employee or servant of any area municipality
or local board of any area municipality.
4. I have taken the oath of allegiance (Form 1) which I attach hereto.
And I make this solemn declaration conscientiously believing it to be true
and knowing that it is of the same force and effect as if made under oath.
Declared before me, etc.
138
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BILL 139 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend and repeal
The Residential Property Tax Reduction Act, 1972
The Hon. J. White
Treasurer of Ontario and Minister
of Economics and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
The Residential Property Tax Reduction Act, 1972 provided for special
assistance to old age pensioners receiving a federal Guaranteed Income
Supplement in the form of $50 and $100 grants.
This form of assistance will be replaced for the 1973 and subsequent
years by tax credits which will be available under The Income Tax Act.
139
ULL 139 1973
An Act to amend and repeal
The Residential Property Tax Reduction Act, 1972
_TER MAJESTY, by and with the advice and consent of the
1 Legislative Assembly of the Province of Ontario, enacts as
Hows :
1. — (1) Subsection 1 of section 2 of The Residential ^'''oP^yty^^^^^^QA
Tax Reduction Act, 1972, being chapter 65 is amended by
striking out "each year, including" in the first line.
(2) Subsection 2 of the said section 2 is amended by striking |-^^2x^^
out "each year" in the sixth line and inserting in lieu
thereof "1972" and by striking out "end of the year follow-
ing the year in respect of which the application was made"
in the seventh and eighth lines and inserting in lieu thereof
"31st day of December, 1973".
2. Sections 3 and 4 of the said Act are repealed. ss. 3, 4
^ repealed
3. The Residential Property Tax Reduction Act, 1972, being chapter ^®p®*^^
65, and section 1 of this Act, are repealed on the 1st day of
January, 1974.
-4. This Act comes into force on the day it receives Royal Assent, commence-
•^ -^ ment
5. This Act may be cited as The Residential Property r^^short title
Reduction Amendment and Repeal Act, 1973.
139
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BILL 139
3rd Session, 29th Legislature, Ontario
22 Elizabeth II. 1973
An Act to amend and repeal
The Residential Property Tax Reduction Act, 1972
The Hon. J. White
Treasurer of Ontario and Minister
of Economics and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
BILL 139 1973
An Act to amend and repeal
The Residential Property Tax Reduction Act, 1972
fTER MAJESTY, by and with the advice and consent of the
ri Legislative Assembly of the Province of Ontario, enacts as
dIIows :
1. — (1) Subsection 1 of section 2 of The Residential Pro-berty^-^W,
3>m.6IlQ6Cl
Tax Reduction Act, 1972, being chapter 65 is amended by
striking out "each year, including" in the first line.
(2) Subsection 2 of the said section 2 is amended by striking s- 2 (2)
<< 1 ,. ■ 1 • , 1- ■ <=" amended
out each year m the sixth Ime and msertmg m lieu
thereof "1972" and by striking out "end of the year follow-
ing the year in respect of which the application was made"
in the seventh and eighth lines arjd inserting in lieu thereof
"31st day of December, 1973".
2. Sections 3 and 4 of the said Act are repealed. ss. 3, 4,
'^ repealed
3. The Residential Property Tax Reduction Act, 1972, being chapter ^®p®*^8
65, and section 1 of this Act, are repealed on the 1st day of
January, 1974.
4. This Act comes into force on the day it receives Roval Assent, commence-
-' -^ ment
5. This Act may be cited as The Residential Property 7a;<; short title
Reduction Amendment and Repeal Act, 1973.
139
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BILL 140 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Regional Municipal Grants Act
The Hon. J. White
Treasurer of Ontario and Minister
of Economics and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
Section 1. The grant to a regional municipality providing its own
policing is increased from 13.25 to $5.00 per capita and the grant to an
area municipality providing its own policing is increased from $1.75 to
$3.00 per capita.
Section 2. Complementary to section 1.
Section 3. Clause b is added and provides for payments to be made
for a period of five years to municipalities, including newly-created regional
municipalities, when they are affected by amalgamation or annexation,
in order to minimize tax changes in such areas.
140
ILL 140 1973
An Act to amend
I The Regional Municipal Grants Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
fi iows :
1 . Paragraphs 3 and 4 of section 2 of The Regional Municipal ^^^^ 3 4
Grants Act, being chapter 405 of the Revised Statutes of re-ena'cted
Ontario, 1970, as re-enacted by the Statutes of Ontario, 1972,
chapter 64, section 1, are repealed and the following sub-
stituted therefor:
3. $5.00 per capita where a regional municipality is
deemed to be a city for the purposes of The Police Act ; ^-^p- ^^™'
4. $3.00 per capita based on the population of each
area municipality providing its own law enforce-
ment by maintaining its own police force or being
under contract for the policing of the municipality
by the Ontario Provincial Pohce Force in accord-
ance with The Police Act.
2. Clauses c and d of subsection 1 of section 3 of the said Act,s-3(i)(c,d),
• r\-i^ /■ 4 re-enacted
as re-enacted by the Statutes of Ontario, 1972, chapter 64,
section 2, are repealed and the following substituted therefor:
(c) $5.00 where a regional municipality is deemed to be
a city for the purposes of The Police Act; and
(d) $3.00 in relation to each area municipality to which
paragraph 4 of section 2 applies.
5. Subsection 2 of section 9 of the said Act, as enacted by the^g^J^x,^j.g^j
Statutes of Ontario, 1971, chapter 73, section 1, is repealed
and the following substituted therefor :
(2) The Lieutenant Governor in Council may, by order, ®P®^||jtg
provide for payments to be made,
(a) to The Regional Municipality of Niagara, The
Regional Municipality of Ottawa-Carleton, The
140
Commence-
ment
Short title
Regional Municipality of York, The District Mun:
pality of Muskoka and to any area municipality f^
period not exceeding five years from the 23rd dat
July, 1971 ; and ^
{b) to any other local municipality or regional, met
politan or district municipality affected by
amalgamation or annexation approved by
Minister, for a period of five years after the el
date of such amalgamation or annexation,
to minimize changes in the incidence of local taxation and
promote the development of services on a regional
district basis.
4. This Act comes into force on the day it receives Royal Asse
5. This Act may be cited as The Regional Municipal Gra
Amendment Act, 1973.
140
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BILL 140
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Regional Municipal Grants Act
The Hon. J. White
Treasurer of Ontario and Minister
of Economics and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
BILL 140 1973
An Act to amend
The Regional Municipal Grants Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
follows :
1. Paragraphs 3 and 4 of section 2 of The Regional Municipal ^^^^^^
Grants Act, being chapter 405 of the Revised Statutes ofre-ena'ct'ed
Ontario, 1970, as re-enacted by the Statutes of Ontario, 1972,
chapter 64, section 1, are repealed and the following sub-
stituted therefor:
3. $5.00 per capita where a regional municipality is
deemed to be a city for the purposes of The Police A ct ; ^-^f • ^^™'
4. $3.00 per capita based on the population of each
area municipality providing its own law enforce-
ment by maintaining its own police force or being
under contract for the policing of the municipality
by the Ontario Provincial Police Force in accord-
ance with The Police Act.
2. Clauses c and d of subsection 1 of section 3 of the said Act,s-3(i)(c,d),
re-enacted
as re-enacted by the Statutes of Ontario, 1972, chapter 64,
section 2, are repealed and the following substituted therefor:
(c) $5.00 where a regional municipality is deemed to be
j a city for the purposes of The Police Act; and
{d) $3.00 in relation to each area municipality to which
paragraph 4 of section 2 applies.
3. Subsection 2 of section 9 of the said Act, as enacted by the^-^j^),
' J re-enacted
Statutes of Ontario, 1971, chapter 73, section 1, is repealed
and the following substituted therefor :
(2) The Lieutenant Governor in Council may, by order, ^pe^ai^^^
provide for payments to be made,
(a) to The Regional Municipality of Niagara, The
Regional Municipality of Ottawa-Carleton, The
140
Regional Municipality of York, The District Munici-
pality of Muskoka and to any area municipality for a
period not exceeding five years from the 23rd day of
July, 1971 ; and
. {b) to any other local municipality or regional, metro-
politan or district municipality affected by any
amalgamation or annexation approved by the
Minister, for a period of five years after the effective
date of such amalgamation or annexation,
to minimize changes in the incidence of local taxation and to
promote the development of services on a regional or
district basis.
menr^°*^^' 4. This Act comes into force on the day it receives Royal Assent.
Short title 5. This Act may be cited as The Regional Municipal Grants
Amendment Act, 1973.
140
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BILL 141 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend
The Municipal Unconditional Grants Act
The Hon. J. White
Treasurer of Ontario and Minister
of Economics and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
Section 1. The amendment provides that where a municipality loses
a source of revenue which would materially affect the municipal tax to be
imposed, the Minister may make a grant to the municipality not more than
the revenue lost during a 5-year period.
Section 2. The unconditional grant to a municipality providing its
own policing is increased from $1.75 per capita to $3.00.
141
IILL 141 1973
An Act to amend
The Municipal Unconditional Grants Act
IER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
lows:
1. The Municipal Unconditional Grants Act, being chapter 293 of^-^-
the Revised Statutes of Ontario, 1970, is amended by adding
thereto the following section :
8. — (1) Where the Minister is satisfied that a source of^pe^iai
^ ' . grant
revenue that had previously been available to a munici-
pality has ceased to be available to that municipality, and
that the municipal taxes in the municipality would other-
wise be unduly increased as a direct result of the source of
revenue ceasing to be available, the Minister may by order
make a grant to such municipality of an amount not greater
than the amount of revenue that the municipality derived
from that source in the year preceding the year in which
the source of revenue ceased to be available.
(2) A grant may be made under this section in the year Limitation
in which the source of revenue ceases to be available and in grants
each of the four succeeding years.
2. Paragraph 2 of the Schedule to the said Act, as re-enacted ^^J^®'^'^^^-
by the Statutes of Ontario, 1972, chapter 63, section 3, is amended
amended by striking out "$1.75" in the sixth line and inserting
in lieu thereof "$3.00", so that the paragraph shall read as
follows :
2. To each municipality providing its own law enforce-
ment by maintaining its own police force or being
under contract for the policing of the municipality
by the Ontario Provincial Police Force in accord-
ance with The Police Act,
.00 per capita.
141
Moneys 3^ jj^g moneys required for the purposes of section 1 of thl
Act shall, until the 31st day of March, 1974, be paid out (
the Consolidated Revenue Fund, and thereafter shall be pai
out of the moneys appropriated therefor by the Legislatur
Commence- 4^ jhis Act shall be deemed to have come into force on tl!
1st day of January, 1973. j
Short title 5^ jhig ^ct may be cited as The Municipal Unconditional Gran
Amendment Act, 1973.
141
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BILL 141
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend
The Municipal Unconditional Grants Act
The Hon. J. White
Treasurer of Ontario and Minister
of Economics and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
;ILL 141 1973
An Act to amend
The Municipal Unconditional Grants Act
JTER MAJESTY, by and with the advice and consent of the
^ Legislative Assembly of the Province of Ontario, enacts as
Hows :
1. The Municipal Unconditional Grants Act, being chapter 293 of^jj^^^^.^^
the Revised Statutes of Ontario, 1970, is amended by adding
thereto the following section :
8. — (1) Where the Minister is satisfied that a source of special
. . . . grant
revenue that had previously been available to a munici-
pality has ceased to be available to that municipality, and
that the municipal taxes in the municipality would other-
wise be unduly increased as a direct result of the source of
revenue ceasing to be available, the Minister may by order
make a grant to such municipality of an amount not greater
than the amount of revenue that the municipality derived
from that source in the year preceding the year in which
the source of revenue ceased to be available.
(2) A grant may be made under this section in the year Liniitation
' " -^ -' period for
m which the source of revenue ceases to be available and in grants
each of the four succeeding years.
2. Paragraph 2 of the Schedule to the said Act, as re-enacted ^^^^*^'^^®'
by the Statutes of Ontario, 1972, chapter 63, section 3, is amended
amended by striking out "$1.75" in the sixth line and inserting
in lieu thereof "$3.00", so that the paragraph shall read as
follows :
2. To each municipality providing its own law enforce-
ment by maintaining its own police force or being
under contract for the policing of the municipality
by the Ontario Provincial Police Force in accord-
ance with The Police Act,
$3.00 per capita.
141
Moneys 3^ jj^g moneys required for the purposes of section 1 of tl
Act shall, until the 31st day of March, 1974, be paid out
the Consolidated Revenue Fund, and thereafter shall be pa
out of the moneys appropriated therefor by the Legislatui
Commence- 4 x^js Act shall be deemed to have come into force on t
ment
1st day of January, 1973.
Short title 5^ This Act may be cited as The Municipal Unconditional Grai
Amendment Act, 1973.
141
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BILL 142 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend
The Ontario Education Capital Aid Corporation Act
The Hon. J. White
Treasurer of Ontario and Minister
of Economics and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
Section 1. Self-explanatory.
Section 2. This amendment is complementary to amendments to
The Ministry of Colleges and Universities Act, 1971 and The Ontario
Universities Capital Aid Corporation Act. The Ontario Universities Capital
Aid Corporation will now purchase municipal debentures issued for public
library purposes.
142
5ILL 142 1973
An Act to amend
The Ontario Education Capital Aid
Corporation Act
[TER MAJESTY, by and with the advice and consent of the
■ A Legislative Assembly of the Province of Ontario, enacts as
Hows :
1. Section 1 of The Ontario Education Capital Aid Corporation ^^^^^^^
Act, being chapter 310 of the Revised Statutes of Ontario,
1970, is amended by adding thereto the following clause:
(c) "Treasurer of Ontario" means the Treasurer of
Ontario and Minister of Economics and Inter-
governmental Affairs.
2. Clause 6 of section 3 of the said Act is repealed. repealed
3. This Act comes into force on the day it receives Royal Assent. m°e™t"^"°^
4. This Act may be cited as The Ontario Education Capital ^ j^ short title
Corporation Amendment Act, 1973.
142
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BILL 142
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend
The Ontario Education Capital Aid Corporation Act
The Hon. J. White
Treasurer of Ontario and Minister
of Economics and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
r^
HLL 142 1973
An Act to amend
The Ontario Education Capital Aid
Corporation Act
_TER MAJESTY, by and with the advice and consent of the
^ Legislative Assembly of the Province of Ontario, enacts as
Hows :
1. Section 1 of The Ontario Education Capital Aid Corporation ^^^^^^^^
Act, being chapter 310 of the Revised Statutes of Ontario,
1970, is amended by adding thereto the following clause:
(c) "Treasurer of Ontario" means the Treasurer of
Ontario and Minister of Economics and Inter-
governmental Affairs.
I 2. Clause b of section 3 of the said Act is repealed. repealed
3. This Act comes into force on the day it receives Royal Assent. m*e™t"^°°^
I '
! 4. This Act may be cited as The Ontario Education Capital yli<i short title
Corporation Amendment Act, 1973.
142
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BILL 143 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend
The Ontario Universities Capital Aid Corporation Act
The Hon. J. White
Treasurer of Ontario and Minister
of Economics and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
The Bill is in the main complementary to the Bill to amend The Ontario
Education Capital Aid Corporation Act.
Previously debentures issued by municipalities for public library
purposes were purchased by The Ontario Education Capital Aid Corporation.
Since the Minister of Colleges and Universities will be determining the amount
of capital expenditure of a municipality for public library purposes, the
debentures to be issued for such purposes will now be purchased by The
Ontario Universities Capital Aid Corporation.
The remaining amendments are consequential upon the reorganization
of the Ministry of Colleges and Universities.
143
JILL 143 1973
An Act to amend
The Ontario Universities Capital Aid
Corporation Act
_TER MAJESTY, by and with the advice and consent of the
T. Legislative Assembly of the Province of Ontario, enacts as
Hows :
1. Clause c of section 1 of The Ontario Universities Capital ^^-^^^^^^^^
Aid Corporation Act, being chapter 331 of the Revised Statutes
of Ontario, 1970, is repealed and the following substituted
therefor :
(c) "Minister" means the Minister of Colleges and
Universities ;
{d) "municipality" means a metropolitan, district or
regional municipality and a county, city, town,
village, township or improvement district, and
"municipal" has a corresponding meaning;
[e) "Treasurer of Ontario" means the Treasurer of
Ontario and Minister of Economics and Inter-
governmental Affairs ;
(/) "university" means a university in Ontario designated
under this Act by the Minister.
2. — (1) Clause h of section 2 of the said Act is amended by striking |-^^^^^^
out "of University Affairs" in the first and second lines.
(2) The said section 2, as amended by the Statutes of Ontario, l^-^^^^^
1971, chapter 39, section 1, is further amended by striking
out "and" in the amendment of 1971, by adding "and"
at the end of clause c, and by adding thereto the following
clause :
^ [d) to municipalities which issue debentures for public
library purposes.
3. — (1) Clause a of section 4 of the said Act is amended by striking ^-^^^^^^
out "of Education" in the third line.
143
s. 4(6),
amended
8.4,
amended
(2) Clause b of the said section 4 is amended by striking ou
"of University Affairs" in the third and fourth hues.
(3) The said section 4, as amended by the Statutes of Ontario
1971, chapter 39, section 2, is further amended by strikini
out "and" in the amendment of 1971, by adding "and'
at the end of clause c, and by adding thereto the followin,
clause :
(d) to purchase from municipalities debentures issuec
by them for public library purposes approved by th
Minister.
s. 11 (1),
amended
4. — (1) Subsection 1 of section 11 of the said Act is amended b^
striking out "The Department of University Affairs Act'
in the second and third lines and inserting in lieu thereo
"The Ministry of Colleges and Universities Act, 197V'
and by striking out "of University Affairs" in the sixth an(
seventh lines.
s. 11 (2),
amended
(2) Subsection 2 of the said section 11 is amended by strikin;
out "of Education" in the fifth line.
s. 11,
amended
(3) The said section 11, as amended by the Statutes ol
Ontario, 1971, chapter 39, section 3, is further amended b [
adding thereto the following subsections :
Purchase of
municipal
debentures
Approval and
validation
required
R.S.0. 1970,
0.323
(4) The Corporation, with the approval of the Lieutenan
Governor in Council and subject to the regulations made unde
this Act, may from time to time purchase from any munici
pality debentures issued by such municipality for publi
library purposes approved by the Minister.
(5) The Corporation shall not purchase any municipa
debentures under the authority of this Act until,
[a] the Ontario Municipal Board has issued its orde
pursuant to section 64 of The Ontario Municipa
Board Act authorizing the municipality to procee
with the undertaking with respect to which th
debentures are required ; and
{b) the municipality has had the debentures validate
by the Ontario Municipal Board under sections 5^
59 and 60 of The Ontario Municipal Board Act.
8. 15 (c),
amended
6. Clause c of section 15 of the said Act, as re-enacted by th
Statutes of Ontario, 1971, chapter 39, section 4, is amendedb
inserting after "universities" in the first line "municipalities".
143
3
6. This Act comes into force on the day it receives Royal Assent, commence-
7. This Act may be cited as The Ontario Universities Capital ^^^ short title
Corporation Amendment Act, 1973.
143
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BILL 143
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend
[The Ontario Universities Capital Aid Corporation Act
The Hon. J. White
Treasurer of Ontario and Minister
of Economics and Intergovernmental Affairs
TORONTO
Printed and Published by the Queen's Printer and Publisher
IILL 143 1973
An Act to amend
The Ontario Universities Capital Aid
Corporation Act
TER MAJESTY, by and with the advice and consent of the
A Legislative Assembly of the Province of Ontario, enacts as
Hows :
1. Clause c of section 1 of The Ontario Universities Cwpital^'^^^^' ^
• ^ re-enacted
Aid Corporation Act, being chapter 331 of the Revised Statutes
of Ontario, 1970, is repealed and the following substituted
therefor :
(c) "Minister" means the Minister of Colleges and
Universities ;
{d) "municipality" means a metropolitan, district or
regional municipality and a county, city, town,
village, township or improvement district, and
"municipal" has a corresponding meaning;
{e) "Treasurer of Ontario" means the Treasurer of
Ontario and Minister of Economics and Inter-
governmental Affairs ;
(/) "university" means a university in Ontario designated
under this Act by the Minister.
2. — (1) Clause h of section 2 of the said Act is amended by striking s- 2 (ft),
\ . JO amended
I out "of University Affairs" in the first and second lines.
(2) The said section 2, as amended by the Statutes of Ontario, s- 2. ^ ^
I -^ amended
1971, chapter 39, section 1, is further amended by striking
! out "and" in the amendment of 1971, by adding "and"
at the end of clause c, and by adding thereto the following
clause :
[d) to municipalities which issue debentures for public
library purposes.
3. — (1) Clause a of section 4 of the said Act is amended by striking l^^^^^^^
out "of Education" in the third line.
Il43
8.4(6),
amended
S.4,
amended
(2) Clause b of the said section 4 is amended by striking (
"of University Affairs" in the third and fourth hues.
(3) The said section 4, as amended by the Statutes of Ontai
1971, chapter 39, section 2, is further amended by strik
out "and" in the amendment of 1971, by adding "an
at the end of clause c, and by adding thereto the follow
clause :
{d) to purchase from municipalities debentures isst
by them for public library purposes approved by 1
Minister.
s. 11 (1),
amended
4. — (1) Subsection 1 of section 11 of the said Act is amended
striking out "The Department of University Affairs A,
in the second and third lines and inserting in lieu ther
"The Ministry of Colleges and Universities Act, 197
and by striking out "of University Affairs" in the sixth a
seventh lines. ,
s. 11 (2),
amended
(2) Subsection 2 of the said section 11 is amended by striki^
out "of Education" in the fifth line.
s. 11,
amended
Purchase of
municipal
debentures
Approval and
validation
required
R.S.0. 1970,
0.323
(3) The said section 11, as amended by the Statutes
Ontario, 1971, chapter 39, section 3, is further amended
adding thereto the following subsections :
(4) The Corporation, with the approval of the Lieuten;
Governor in Council and subject to the regulations made um
this Act, may from time to time purchase from any muni
pality debentures issued by such municipality for pub
library purposes approved by the Minister.
(5) The Corporation shall not purchase any munici]
debentures under the authority of this Act until,
{a) the Ontario Municipal Board has issued its on
pursuant to section 64 of The Ontario Munici]
Board Act authorizing the municipality to proct
with the undertaking with respect to whic
debentures are required ; and
«
{h)
the municipality has had the debentures validall
by the Ontario Municipal Board under sections 'j,
59 and 60 of The Ontario Municipal Board A ct. I
s. 15(c),
amended
5. Clause c of section 15 of the said Act, as re-enacted by I
Statutes of Ontario, 1971, chapter 39, section 4, is amended
inserting after "universities" in the first line "municipalities"
143
3
6. This Act comes into force on the day it receives Royal Assent, commence-
7. This Act may be cited as The Ontario Universities Capital ylV^ short title
Corporation Amendment Act, 1973.
143
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BILL 144 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to establish
The Ontario Transportation Development Corporation
The Hon. G. Carton
Minister of Transportation and Communications
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
The Bill establishes a Corporation with share capital to acquire, test
and develop transit systems related to public transportation.
The share structure of the Corporation is divided into twenty million
common shares without par value and fifty thousand special shares with
a par value of $100 each.
Limitations are placed on the extent of individual ownership and non-
resident ownership of equity shares of the Corporation and a majority
of the Board of Directors is required to be resident Canadians.
144
BILL 144 1973
An Act to establish
The Ontario Transportation Development
Corporation
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario,
enacts as follows :
PART I
Interpretation
1. In this Act, interpre-
tation
{a) "Board" means the Board of Directors of the
Corporation ;
(b) "Corporation" means The Ontario Transportation
Development Corporation ;
(c) "equity share" has the same meaning as in 7"^^ RS.o. i970,
Business Corporations Act;
{d) "Minister" means the Minister of Transportation
and Communications ;
(e) "resident Canadian" has the same meaning as in
The Business Corporations A ct ;
if) "Treasurer of Ontario" means the Treasurer of
Ontario and Minister of Economics and Inter-
governmental Affairs.
2. Except as herein otherwise provided, The Business q^^^^^q'^^q
Corporations A ct applies to the Corporation. c. 53
PART II
The Ontario Transportation Development
Corporation
incorporation
3. — (1) There is hereby established a corporation with i?corpora-
share capital under the name of "The Ontario Transportation
Development Corporation".
144
Directors ^^^ There shall be a Board of Directors of the Corporation
consisting of nine members and the first directors of the
Corporation shall be appointed by the Lieutenant Governor
in Council to hold office until their successors are elected
by the shareholders of the Corporation.
Assembly not (^) Notwithstanding anything in The Legislative Assembly
vacated Act, di member of the Assembly who is appointed or elected
R|^i9TO, as a member of the Board is not thereby rendered ineligible
as a member of the Assembly or disqualified from sitting
or voting in the Assembly.
OBJECTS OF THE CORPORATION
Corporate 4^ The objccts of the Corporation are,
{a) to acquire, develop, adapt, use and license patents,
inventions, designs and systems for all or any part
of transit systems related to public transportation
and rights and interests therein or thereto ;
{b) to encourage and assist in the creation, development
and diversification of Canadian businesses, resources,
properties and research facilities related to public
transportation ;
(c) to undertake the design, development, construction,
testing, operation, manufacture and sale of all
or any part of transit systems related to public
transportation ;
{d) to test or operate and to provide services and
facilities for all or any part of transit systems
related to public transportation and in connection
therewith to build, establish, maintain and operate,
in Ontario or elsewhere, alone or in conjunction with
others, either on its own behalf or as agent for
others, all services and facilities expedient or useful
for such purposes, using and adapting any improve-
ment or invention for any means of public trans-
portation ;
{e) to manufacture vehicles and control, propulsion
and guideway systems and their appurtenances and
other instruments and plant used in connection
with transit systems related to public transportation
as the Corporation may consider advisable and
to acquire, purchase, sell, license or lease the same
and rights relating thereto, and to build, establish,
construct, acquire, lease, maintain, operate, sell or
144
let all or any part of transit systems related to
public transportation in Ontario or elsewhere; and
(/) to carry on any other trade or business that, in
the opinion of the Board, can be carried on
advantageously by the Corporation in connection
with or as ancillary to the carrying out of the
objects of the Corporation set out in clauses a,
b, c, d and e.
CAPITALIZATION
5. — (1) The authorized capital of the Corporation is ^^'^^^^p^^'*
divided into,
{a) 20,000,000 common shares without par value, to be
issued for such consideration as the Board may
from time to time determine ; and
{h) 50,000 special shares with a par value of one
hundred dollars each, which may be issued in one
or more series and, subject to the provisions of sub-
sections 2, 3, 4 and 5 and to the filing of the
statement and the issuance of the certificate in
respect thereof referred to in subsection 2 of
section 30 of The Business Corporations Act, iheff^^-^^'^^'
Board may fix from time to time before the issuance
of a series the number of shares that is to comprise
each series and the designations, preferences, rights,
conditions, restrictions, limitations or prohibitions
attaching to each series of special shares.
(2) The holders of the special shares shall not be entitled Noting
to vote at any meetings of the shareholders of the Corpora-
tion other than the meetings referred to in subsection 5
but shall be entitled to notice of meetings of shareholders
called for the purpose of authorizing the dissolution of the
Corporation or the sale of its undertaking or a substantial
part thereof and at all meetings of shareholders the holders
of common shares shall be entitled to one vote for each
common share held by them.
(3) The special shares of each series shall rank on a parity ^^?^^^°^
with the special shares of every other series with respect to scares
payment of dividends and distribution of assets in the event
of the liquidation, dissolution or winding up of the Corporation
whether voluntary or involuntary.
(4) If the special shares of any series are made redeemable ^j^^j^^P^io'^
or purchaseable for cancellation by the Corporation, the
144
price at which such shares may be redeemed or purchased
for cancellation shall not exceed the amount paid-up on
such shares together with a premium of not more than
20 per cent of that amount and any dividends accrued and
unpaid on such shares.
^ariation (5) Subject to the provisions of subsections 2, 3 and 4,
of special the Board, by a special resolution, may delete or vary
any preference, right, condition, restriction, limitation or
prohibition attaching to a series of the special shares but
the resolution is not effective until,
(a) it has been confirmed by at least two-thirds of the
votes cast at a meeting of the holders of such
series of shares duly called for that purpose and at
the meeting the holders of shares of such series
shall be entitled to one vote in respect of each share
held of such series ; and
(6) a certificate of amendment has been issued pursuant
R.s.o. 1970, to section 191 of The Business Corporations Act.
HEAD OFFICE
^^^ 6. The head office of the Corporation shall be in The
Municipality of Metropolitan Toronto.
BOARD OF DIRECTORS
Majority J. A majority of the members of the Board shall at all
resident times be resident Canadians.
Canadians
BORROWING POWERS
Borrowing § Xhc Board may from time to time,
powers •' '
(a) borrow money upon the credit of the Corporation;
(b) issue, sell or pledge debt obligations of the Cor-
poration ;
(c) charge, mortgage, hypothec or pledge all or any
currently owned or subsequently acquired real or
personal, movable or immovable property of the
Corporation including book debts, rights, powers,
franchises and undertakings, to secure any debt
obligations or any money borrowed or other debt
or liability of the Corporation ; and
144
(d) delegate the powers conferred on it under this
section to such directors or officers of the Corporation
and to such extent and manner as is set out in the
by-laws or in specific resolutions of the Board.
REGISTERS
9. — (1) The Corporation shall appoint a registrar to keep ^^s^^ter of
at a location in the Province of Ontario the register of holders
security holders of the Corporation.
(2) The Corporation shall appoint a transfer agent to^^^^l^l^'g"^
keep at a location in the Province of Ontario the register
of transfers of all securities issued by the Corporation in
registered form.
VOTING OF SHARES
10. — (1) The voting rights pertaining to any shares o^ ^^t to^*^^'^
the Corporation shall not be exercised when the shares are exercised
held in contravention of this Act or the by-laws of the cases
Corporation.
(2) The validity of a transfer of shares of the Corporation Tr^n^er^and
that has been recorded in a register of transfers of the shares
Corporation or the validity of an allotment of shares of the contraven-
Corporation is not affected by the holding of such shares
in contravention of this Act or the by-laws of the Corporation.
(3) If the voting rights pertaining to any shares of theVoWng^^f^
Corporation that are held in contravention of this Act or the in contraven-
, , , , „ . . , • f 1 tion of Act
by-laws of the Corporation are exercised at any meeting or the
shareholders of the Corporation, no proceeding at that
meeting is void by reason thereof, but any such proceeding,
matter or thing is, at any time within one year from the
date of commencement of the meeting at which such voting
rights were exercised, voidable at the option of the directors
and shareholders by a by-law duly passed by the Board and
sanctioned by two-thirds of the votes cast at a special
general meeting of the shareholders called for the purpose.
PURCHASE OF COMMON SHARES
11. Subject to the provisions of The Business Corporations^^^^^^^^
Act, the Corporation may purchase any of its issued common shares
, ^ -^ ^ •' R.S.0. 1970,
shares. c.53
NON-APPLICATION OF CERTAIN PROVISIONS OF
The Business Corporations A ct
12. Except for the purposes of subsection 5 of section 5,^^°^jj^^ppjy
the provisions of sections 189 to 254 of The Business Cor-
144
porations Act do not apply to the Corporation and the
Corporation shall not enter into any arrangement, amal-
gamation, continuation, winding-up or dissolution within
R.s.o. 1970, the meaning of The Business Corporations Act.
GENERAL
Notj^crown ^3^ fj^g Corporation is not an agent of Her Majesty nor a
RS.0. 1970, Crown agency within the meaning of The Crown Agency Act.
tatfon""^" 14. — (1) In this section, "non-resident" means any person
other than a resident Canadian, a corporation controlled by
resident Canadians, Her Majesty in right of Canada, Ontario
or any other province of Canada or an agent or nominee of
Her Majesty.
Equity shares (2) The total number of equity shares of the Corporation
owned or ^ ' . . . .
controlled beneficially owned, directly or indirectly, by non-residents
by non- .
residents or over which non-residents exercise control or direction
shall not at any time exceed 10 per cent of the total number
of issued and outstanding equity shares of the Corporation.
individual (^) ^^^ total number of equity shares of the Corporation
ownership of beneficially owned, directly or indirectly, by any person
equity shares , • , , • ^■ ■ in
or over which he exercises control or direction shall not at any
time exceed 5 per cent of the total number of issued and
outstanding equity shares of the Corporation.
i<*^™ (4) Subsection 3 does not apply in respect of any equity
shares of the Corporation beneficially owned by Her Majesty
in right of Canada, Ontario or any other province of Canada
or by an agent or nominee of Her Majesty.
deeme(F^'^^°° (5) For the purposes of this section, a person shall be
beneficial deemed to own beneficially any equity shares of the Cor-
own6r of »/ 1 »/
equity shares poratiou owned beneficially by any associate or affiliate of
RS-0. 1970, such person as such terms are defined in The Business Cor-
porations Act.
corporation (^) ^^^ ^^^ purposes of this section, a corporation is con-
trolled by another corporation, individual or trust if it is in
fact effectively controlled by such other corporation, in-
dividual or trust, directly or indirectly, or through the
holding of shares of the corporation or any other cor-
poration, or through the holding of a significant portion of
the preferred shares of a corporation or of the outstanding
debt of a corporation or individual, or by any other means
whether of a like or different nature.
144
PART III
Ontario Participation
15. — (1) The Minister shall from time to time subscribe siia.res^ma|
for, purchase and hold shares of the Corporation on behalf by Ontario
of Her Majesty in right of Ontario and such holdings at
all times shall be a majority of the outstanding shares of the
Corporation.
(2) Shares of the Corporation purchased on behalf of J,^|^j.j,g^^jQjj
Her Majesty in right of Ontario shall be registered in the a°d voting
books of the Corporation in the name of Her Majesty in
right of Ontario as represented by the Minister and may be
voted by the Minister or his duly authorized nominee on
behalf of Her Majesty in accordance with such regulations
as the Lieutenant Governor in Council may prescribe.
16. The Treasurer of Ontario, with the approval of the Authority
Lieutenant Governor in Council and upon such terms and moneys to
J, • J.I. T ■ .L i /^ ■ r- -1 Corporation
conditions as the Lieutenant Governor in Council may pre-
scribe, may make loans to the Corporation and may acquire
and hold debt obligations of the Corporation as evidence
thereof.
PART IV
Miscellaneous
17. The Lieutenant Governor in Council may make regula- ^^^^i^^ioJis
tions respecting any matter that he considers necessary
relating to,
{a) the voting by the Minister or his duly authorized
nominee in respect of shares of the Corporation
held by the Minister ;
{b) terms and conditions that shall apply to the making
of loans to the Corporation by the Treasurer of
Ontario.
18. This Act comes into force on the day it receives commence-
T-» 1 A ment
Koyal Assent.
19. This Act may be cited as The Ontario Transportation^^^^^ ^^^^^
Development Corporation Act, 1973.
144
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3 O
BILL 144
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to establish
The Ontario Transportation Development Corporation
The Hon. G. Carton
Minister of Transportation and Communications
TORONTO
Printed and Published by the Queen's Printer and Publisher
BILL 144 1973
An Act to establish
The Ontario Transportation Development
Corporation
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario,
enacts as follows :
PART I
Interpretation
1. In this Act, interpre-
tation
(a) "Board" means the Board of Directors of the
Corporation ;
{b) "Corporation" means The Ontario Transportation
Development Corporation ;
(c) "equity share" has the same meaning as in 7^^^ Rs^o. 1970,
Business Corporations A ct ;
[d) "Minister" means the Minister of Transportation
and Communications ;
{e) "resident Canadian" has the same meaning as in
The Business Corporations A ct ;
(/) "Treasurer of Ontario" means the Treasurer of
Ontario and Minister of Economics and Inter-
governmental Affairs.
2. Except as herein otherwise provided, The Business o/'^^s'o^igTO
^or^om/iows ^d applies to the Corporation. c.53
PART II
The Ontario Transportation Development
Corporation
incorporation
3. — (1) There is hereby established a corporation with ipcorpora-
[share capital under the name of "The Ontario Transportation
[Development Corporation".
144
Directors ^^\ There shall be a Board of Directors of the Corporation
consisting of nine members and the first directors of the
Corporation shall be appointed by the Lieutenant Governor
in Council to hold office until their successors are elected
by the shareholders of the Corporation.
Assembly not (^) Notwithstanding anything in The Legislative Assembly
vacated Ad, a member of the Assembly who is appointed or elected
R|^oi9™' as a member of the Board is not thereby rendered ineligible
as a member of the Assembly or disqualified from sitting
or voting in the Assembly.
OBJECTS OF THE CORPORATION
^orp^orate 4^ The objects of the Corporation are,
(a) to acquire, develop, adapt, use and license patents,
inventions, designs and systems for all or any part
of transit systems related to public transportation
and rights and interests therein or thereto ;
(b) to encourage and assist in the creation, development
and diversification of Canadian businesses, resources,
properties and research facilities related to public
transportation ;
(c) to undertake the design, development, construction,
testing, operation, manufacture and sale of all
or any part of transit systems related to public
transportation ;
{d) to test or operate and to provide services and
facilities for all or any part of transit systems
related to public transportation and in connection
therewith to build, establish, maintain and operate,
in Ontario or elsewhere, alone or in conjunction with
others, either on its own behalf or as agent for
others, all services and facilities expedient or useful
for such purposes, using and adapting any improve-
ment or invention for any means of public trans-
portation ;
{e) to manufacture vehicles and control, propulsion
and guideway systems and their appurtenances and
other instruments and plant used in connection
with transit systems related to public transportation
as the Corporation may consider advisable and
to acquire, purchase, sell, license or lease the same
and rights relating thereto, and to build, establish,
construct, acquire, lease, maintain, operate, sell or
144
let all or any part of transit systems related to
public transportation in Ontario or elsewhere; and
(/) to carry on any other trade or business that, in
the opinion of the Board, can be carried on
advantageously by the Corporation in connection
with or as ancillary to the carrying out of the
objects of the Corporation set out in clauses a,
h, c, d and e.
CAPITALIZATION
5. — (1) The authorized capital of the Corporation is ^^'^p^^^f^'^®*^
divided into,
{a) 20,000,000 common shares without par value, to be
issued for such consideration as the Board may
from time to time determine ; and
{h) 50,000 special shares with a par value of one
hundred dollars each, which may be issued in one
or more series and, subject to the provisions of sub-
sections 2, 3, 4 and 5 and to the filing of the
statement and the issuance of the certificate in
respect thereof referred to in subsection 2 of
section 30 of The Business Corporations Act, the ^-^gO- 1^™-
Board may fix from time to time before the issuance
of a series the number of shares that is to comprise
each series and the designations, preferences, rights,
conditions, restrictions, limitations or prohibitions
attaching to each series of special shares.
(2) The holders of the special shares shall not be entitled Noting
to vote at any meetings of the shareholders of the Corpora-
tion other than the meetings referred to in subsection 5
but shall be entitled to notice of meetings of shareholders
called for the purpose of authorizing the dissolution of the
Corporation or the sale of its undertaking or a substantial
part thereof and at all meetings of shareholders the holders
of common shares shall be entitled to one vote for each
common share held by them.
(3) The special shares of each series shall rank on a parity ^^j^*°f°^
with the special shares of every other series with respect to stares
payment of dividends and distribution of assets in the event
of the liquidation, dissolution or winding up of the Corporation
whether voluntary or involuntary.
(4) If the special shares of any series are made redeemable ^®^j^^p**°"
or purchaseable for cancellation by the Corporation, the
144
price at which such shares may be redeemed or purchased
for cancellation shall not exceed the amount paid-up on
such shares together with a premium of not more than
20 per cent of that amount and any dividends accrued and
unpaid on such shares.
^trighlT (^) Subject to the provisions of subsections 2, 3 and 4,
shlrlhoMers ^^^ Board, by a special resolution, may delete or vary
any preference, right, condition, restriction, limitation or
prohibition attaching to a series of the special shares but
the resolution is not effective until,
{a) it has been confirmed by at least two-thirds of the
votes cast at a meeting of the holders of such
series of shares duly called for that purpose and at
the meeting the holders of shares of such series
shall be entitled to one vote in respect of each share
held of such series ; and
R.S.0. 1970,
C.53
(b) a certificate of amendment has been issued pursuant
to section 191 of The Business Corporations Act.
HEAD OFFICE
Head
office
6. The head office of the Corporation shall be in The
Municipality of .Metropolitan Toronto.
BOARD OF DIRECTORS
Majority 7. A majority of the members of the Board shall at all
resident times be resident Canadians.
Canadians
BORROWING POWERS
Borrowing
powers
8. The Board may from time to time,
(a) borrow money upon the credit of the Corporation;
{b) issue, sell or pledge debt obligations of the Cor-
poration ;
(c) charge, mortgage, hypothec or pledge all or any
currently owned or subsequently acquired real or
personal, movable or immovable property of the
Corporation including book debts, rights, powers,
franchises and undertakings, to secure any debt
obligations or any money borrowed or other debt
or liability of the Corporation ; and
144
(d) delegate the powers conferred on it under this
section to such directors or officers of the Corporation
and to such extent and manner as is set out in the
by-laws or in specific resolutions of the Board.
REGISTERS
9. — (1) The Corporation shall appoint a registrar to keep Register of
at a location in the Province of Ontario the register of holders
security holders of the Corporation.
(2) The Corporation shall appoint a transfer agent to^^^|^®/g°^
keep at a location in the Province of Ontario the register
of transfers of all securities issued by the Corporation in
registered form.
VOTING OF SHARES
10. — (1) The voting rights pertaining to any shares of voting rights
the Corporation shall not be exercised when the shares are exercised
held in contravention of this Act or the by-laws of the cases
Corporation.
(2) The validity of a transfer of shares of the Corporation Tra°^|r and
that has been recorded in a register of transfers of the shares
^ held in
Corporation or the validity of an allotment of shares of the contraven-
Corporation is not affected by the holding of such shares *^^°"°
in contravention of this Act or the by-laws of the Corporation.
(3) If the voting rights pertaining to any shares of the vo^t^ii|r^J^^
Corporation that are held in contravention of this Act or the in contraven-
by-laws of the Corporation are exercised at any meeting of the
shareholders of the Corporation, no proceeding at that
meeting is void by reason thereof, but any such proceeding,
matter or thing is, at any time within one year from the
date of commencement of the meeting at which such voting
rights were exercised, voidable at the option of the directors
and shareholders by a by-law duly passed by the Board and
sanctioned by two-thirds of the votes cast at a special
general meeting of the shareholders called for the purpose.
PURCHASE OF COMMON SHARES
11. Subject to the provisions of The Business Corporations^f^^^^^^
Act, the Corporation may purchase any of its issued common shares
shares. Jfa^-^^^"'
NON-APPLICATION OF CERTAIN PROVISIONS OF
The Business Corporations Act
12. Except for the purposes of subsection 5 of section 5,^^°^j,^^°°^
the provisions of sections 189 to 254 of The Business Cor-
144
porations Act do not apply to the Corporation and the
Corporation shall not enter into any arrangement, amal-
gamation, continuation, winding-up or dissolution within
RS.o. 1970, the meaning of The Business Corporations Act.
GENERAL
agen^y'^" 13. The Corporation is not an agent of Her Majesty nor a
RS.O1970, Crown agency within the meaning of The Crown Agency Act.
tatfon"^^ 14. — (1) In this section, "non-resident" means any person
other than a resident Canadian, a corporation controlled by
resident Canadians, Her Majesty in right of Canada, Ontario
or any other province of Canada or an agent or nominee of
Her Majesty.
Equ^^y^shares (2) The total number of equity shares of the Corporation
controlled beneficially owned, directly or indirectly, bv non-residents
by non- . j ' j
residents or over which non-residents exercise control or direction
shall not at any time exceed 10 per cent of the total number
of issued and outstanding equity shares of the Corporation.
inmviduai (^) ^^^ total number of equity shares of the Corporation
ownership of beneficially owned, directly or indirectly, by any person
equity shares , • i , • , i- • , i,
or over which he exercises control or direction shall not at any
time exceed 5 per cent of the total number of issued and
outstanding equity shares of the Corporation.
I**®'" (4) Subsection 3 does not apply in respect of any equity-
shares of the Corporation beneficially owned by Her Majesty
in right of Canada, Ontario or any other province of Canada
or by an agent or nominee of Her Majesty.
deeme(F^'^^°° (5) For the purposes of this section, a person shall be
beneficial deemed to own beneficially any equity shares of the Cor-
ownor of j \. j
equity shares poration owned beneficialty by any associate or affiliate of
K-s.o. 1970, such person as such terms are defined in The Business Cor-
porations Act.
Controlled
corporation
(6) For the purposes of this section, a corporation is con-
trolled by another corporation, individual or trust if it is in
fact effectively controlled by such other corporation, in-
dividual or trust, directly or indirectly, or through the
holding of shares of the corporation or any other cor-
poration, or through the holding of a significant portion of
the preferred shares of a corporation or of the outstanding
debt of a corporation or individual, or by any other means
whether of a like or different nature.
144
PART III
Ontario Participation
15. — (1) The Minister shall from time to time subscribe fhares^ma^
for, purchase and hold shares of the Corporation on behalf by Ontario
of Her Majesty in right of Ontario and such holdings at
all times shall be a majority of the outstanding shares of the
Corporation.
(2) Shares of the Corporation purchased on behalf of ^^|^j.j,3^j.jqjj
Her Majesty in right of Ontario shall be registered in the and voting
books of the Corporation in the name of Her Majesty in
right of Ontario as represented by the Minister and may be
voted by the Minister or his duly authorized nominee on
behalf of Her Majesty in accordance with such regulations
as the Lieutenant Governor in Council may prescribe.
16. The Treasurer of Ontario, with the approval of the Authority
^ • /- 1 1 1 1 to loan
Lieutenant Governor in Council and upon such terms and moneys to
conditions as the Lieutenant Governor in Council may pre- °''^°''* ^^^
scribe, may make loans to the Corporation and may acquire
and hold debt obligations of the Corporation as evidence
thereof.
PART IV
Miscellaneous
17. The Lieutenant Governor in Council may make regula- ^^s^^^^tions
tions respecting any matter that he considers necessary
relating to,
{a) the voting by the Minister or his duly authorized
nominee in respect of shares of the Corporation
held by the Minister ;
{b) terms and conditions that shall apply to the making
of loans to the Corporation by the Treasurer of
Ontario.
18. This Act comes into force on the day it receives oommence-
-^ ment
Royal Assent.
19. This Act may be cited as The Ontario Transportation^^°^^^^^^^
Development Corporation Act, 1973.
144
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3
BILL 145 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend
The Public Transportation and Highway Improvement Act
The Hon. G. Carton
Minister of Transportation and Communications
TORONTO
Printed and Published by The Queen's Printer and Publisher
Explanatory Notes
Section 1 . The amendment is complementary to the amendments that
follow in this Bill.
Section 2. The purpose of the section is to make valid the rights of
the Crown affecting land in respect of drainage of water that are analogous
to easements and to make the rights, interests, covenants and conditions of
the instruments creating them binding upon the successors of the parties to
the instruments.
The purpose of proposed section 26 is to revise the titles of officers of
the Ministry who may sign plans and other instruments required by The
Expropriations Act or this Act. The duty of signing applies to more than
one type of plan or instrument and in the interest of clarity the duty of
signing is assigned by a separate section.
1^ . ., .
V _ ^- ... ■ ■■-■■''2 ■'■*■
BILL 145 1973
An Act to amend
The Public Transportation
and Highway Improvement Act
rTER MAJESTY, by and with the advice and consent of the
rX Legislative Assembly of the Province of Ontario, enacts as
pUows :
1. The heading to Part I of The Public Transportation ^w^^^^j^^
Highway Improvement Act, being chapter 201 of the Revised re-enacted
, Statutes of Ontario, 1970, is repealed and the following sub- ^
j stituted therefor :
"land acquisition, highways and other works".
I 2. The said Act is amended by adding thereto the following l^^^^^**-
sections :
2a. — (1) A right or interest in, over, above, upon, across, instruments
along, through, under or affecting any land or any covenant rights ^
or condition relating thereto in favour of the Crown, in respect ta&ements*^°
of any highway or other works under the jurisdiction and
control of the Ministry, is valid and enforceable in accordance
with the terms of the instrument granting, creating or con-
taining them, notwithstanding that the right or interest or the
benefit of the covenant or condition is not appurtenant
or annexed to or for the benefit of any land of the Crown.
(2) On and after the registration of an instrument to which Terms^f^^
i subsection 1 applies in the proper land registry office, all the wnding on
I rights, interests, covenants and conditions granted or created
by or contained in the instrument are binding upon and enure
to the benefit of the heirs, successors, personal representatives
and assigns of the parties to the instrument.
successors
(3) A party to an instrument to which subsection 1 applies ^^|^^|.^J*y^of
^ ' t- ■' r r grantor i<
or a person to whom subsection 2 applies is not liable for breach breach of
of a covenant or condition contained in the instrument com-
mitted after he ceased to be the owner of the land therein
145
Land to
remain
subject to
instrument
when sold
for taxes
Application
Persons
who may
sign plans
R.S.0. 1970.
C.154
mentioned, or after he ceased to hold the interest in the la
by virtue of which he or his predecessor in title executed t
instrument.
(4) Where the land mentioned in an instrument to whi
subsection 1 applies is sold for taxes, the land shall be deem
to have been sold subject to any right or interest grant
or created by and any condition or covenant contained in t
instrument.
(5) This section applies, notwithstanding that such rig]
interest, covenant or condition was granted or created by
contained in an instrument executed before the date tl
section comes into force.
2b. — (1) Where this Act or The Expropriations Act requi
a plan or other instrument under this Act, other than
order in council mentioned in section 5 or 33, to be registei
in the proper land registry ofhce or deposited with the Minis
of Natural Resources, the plan or instrument shall be sigr
by an Ontario Land Surveyor and one of the following : i
!
!
1 . The Minister. ,
2. The Deputy Minister.
3. An Assistant Deputy Minister of the Ministry.
4. The Chief Surveyor of the Ministry.
S.3.
re-enacted
Crown Land
Plans
Crown land
no longer
required
3. Section 3 of the said Act is repealed and the following^
stituted therefor :
3. — (1) Where the Minister desires to acquire any Cro'
lands, not under the jurisdiction and control of the Minisi
that he considers necessary for the purposes of the Minist
he shall deposit with the Minister of Natural Resources a
register in the proper land registry office a plan of the la
to be known and marked "Crown Land Plan" and thereup
the land is under the jurisdiction and control of the Ministry
(2) Where the jurisdiction and control of Crown lands;
no longer required by the Ministry, the Minister may, wi
the approval of the Minister of Natural Resources, byt
writing deposited with the Minister of Natural Resources ajl
registered in the proper land registry office, declare that 1
jurisdiction and control of the land is no longer required a
thereupon such land is under the jurisdiction and control of
Ministry of Natural Resources.
145
Section 3. This section revises the procedural sections used by the
Ministry for appropriating jurisdiction and control over ungranted and other
Crown lands under the legislative jurisdiction of Ontario. The power of the
Minister in this has been expanded to enable him to acquire such lands as
he considers necessary for the purposes of the Ministry.
145
Section 4. The new subsection 2 provides authorization for the regis-
tration of orders in council made pursuant to section 5 of the Act.
Section 5. The amendment removes provisions as to the signing of plans
since these will now be in section 26 of the Act.
The amendment also provides for reference to existing registered plans
in order to avoid duplication of plans in the land registry offices.
Section 6. The purpose of the amendment is to expand the application
of section 9 of the Act to all modes of transportation in place of the
present application to highways.
Subsection 2 of section 9 of the Act is repealed since the signing
provisions contained in it will now be provided for in the new section 2b of
the Act.
145
4. Section 5 of the said Act is amended by adding thereto the 1^^-^^^^^^
following subsection :
(2) The order in council designating a highway or proposed Registration
highway as The King's Highway shall be registered in the council
proper land registry office and any such order in council
heretofore registered shall be deemed to have been required
to be so registered.
5. Section 6 of the said Act is repealed and the following sub- ^g^^jj^j,j.g,j
stituted therefor :
6. — (1) Where the Minister desires to acquire an existing ^^j?^®^^[^®
highway, he shall register in the proper land registry office, a highway
{a) a plan of the highway to be known as and marked ^^s^'"p**°°
"Assumption Plan" ; or
(b) a notice to be known as and marked "Notice of ^°|^^°fj^j^
Assumption" referring to a plan of the highway
registered in the proper land registry office,
and thereupon the highway vests in the Crown and the
Minister forthwith shall give notice in writing of such vesting
to any municipality concerned.
(2) The Minister, before registering an "Assumption Plan", Preliminary
may register in the proper land registry office, a preliminary Plan
plan of the highway to be known as and marked "Pre-
liminary Assumption Plan", and such Preliminary Assumption
Plan when registered has the same force and effect as an
Assumption Plan registered under subsection 1, but an
Assumption Plan of the highway or a Notice of Assumption
referring to a plan registered in the proper land registry
office shall thereafter be registered under subsection 1 .
6. — (1) Subsection 1 of section 9 of the said Act is repealed ands-^d)- ^ ,
1 /• 11 • 1 • 1 1 f re-enacted
the f ollowmg substituted therefor :
(1) The Minister may in the name of the Crown, acquire ^cfJ^uiJ^^^^^
by purchase, lease or otherwise or may, without the consent ®''P'"°P''i*t®^
of the owner, expropriate any land he considers necessary
for the purposes of this Act or for making compensation
in whole or in part to any person for land acquired under
this Act.
(2) Subsection 2 of the said section 9 is repealed. reneaif
repealed
145
s. 18,
re-enacted
Intersecting
highways
Crossing
highways
8.22(2,3),
re-enacted
Consent
|to closing
of highway
connecting
with King's
jHlghway
Exception
Consent
deemed
not
regulation
R.S.0. 1970,
c. 410
8. 24 (1),
re-enacted
Construction
of works
7. Section 18 of the said Act is repealed and the following sub-
stituted therefor :
18. — (1) Except as otherwise designated by the Lieutenant
Governor in Council, where the King's Highway, other than
a proposed highway, intersects a highway that is not the
King's Highway, the continuation of the King's Highway tc
its full width across the highway so intersected is the King's
Highway and shall be deemed to be vested in the Crown anc
under the jurisdiction and control of the Ministry.
(2) Notwithstanding subsection 1, where a highway is
carried over or under the King's Highway by a bridge oi
other structure the surface of the highway shall be deemec
to be under the jurisdiction and control of the authorit)
that has jurisdiction and control over the remainder of th(
highway and the Crown shall not be liable for maintenanc(
and repair of the surface of the highway.
8. Subsection 2, and subsection 3 as enacted by the Statutes o
Ontario, 1971, chapter 61, section 2, of section 22 of the sai(
Act are repealed and the following substituted therefor :
(2) A municipality shall not open, close or divert an\
highway or road allowance entering upon or intersecting
the King's Highway without the consent of the Ministe:
to the opening, closing or diversion of the highway or roac
allowance, and a by-law passed for any of such purpose;
does not take effect until the consent of the Minister i
endorsed thereon and the by-law is registered in the prope
land registry office.
(3) Subsection 2 does not apply where the highway o
road allowance is closed for a specified period of time no
exceeding seventy-two hours and the municipality has pro
vided an adequate detour.
(4) A consent or approval pursuant to subsection 2 or an;
predecessor thereof shall be deemed not to be and never t
have been a regulation within the meaning of The Regulation
Act.
9. Subsection 1 of section 24 of the said Act is repealed and th
following substituted therefor :
(1) The Minister may construct, extend, alter, maintai
and operate such works as he considers necessary or expedien
for the purposes of the Ministry, and he and any perso
including a municipality or local board thereof, may ante
into agreements, with respect to the construction, extensior
alteration, maintenance or operation of such works.
145
II
Section 7. The purposes of the amendments to section 18 of the Act
are to ensure that, where the King's Highway intersects another highway,
the soil and freehold of the intersected highway become vested in the Crown
and under the jurisdiction and control of the Ministry as is the case for other
parts of the King's Highway and to clarify the responsibility for maintenance
and repair of highways that pass over or under the King's Highway.
Section 8. Subsection 2 of section 22 of the Act is re-enacted to
require the consent of the Minister where a municipality proposes to open,
close or divert a highway that connects with the King's Highway and
to require the registration of the by-law and consent in the proper land
registry office.
Subsection 3 is designed to relieve a municipality of the need to
obtain the consent where the highway is to be closed for a period of
72 hours or less if the municipality has provided an adequate detour.
Subsection 4. Self-explanatory.
Section 9. The subsection is revised to authorize the Minister to
construct, extend, alter, maintain and operate works for the purposes of the
Ministry.
145
Section 10. The purpose of the new section is to enable the Minister
and any municipality to unite in the construction of joint projects so as to
take advantage of any financial, engineering and other benefits created thereby.
Section 11. The purpose of the revision of section 26 of the Act is to
broaden its scope to include road authorities and to provide for the removal
of highways from the King's Highway system in territory without municipal
organization. The new section also confers any rights, privileges and benefits
existing by agreement or otherwise in the Crown with respect to a highway
transferred under this section, to the municipality or road authority to which
it is transferred. The new section also iirovidcs for the (ontimiation of the
provisions of this Act respecting controlled-access highways for a period of six
months in order to enable the municipality or road authority to designate the
highway as a controlled-access road under the provisions of this Act.
145
10. The said Act is further amended by adding thereto the following ^^^^^^^^^
section :
24a. — (1) Where the Minister considers it advantageous for^°^^^j.^j,j.jQjj
the Ministry and any municipality to combine separate projects
work projects, the Minister and the municipality may enter
into agreements for the construction of such works on any
terms and conditions, including the sharing of costs, that the
Minister considers advisable.
(2) Any municipality shall be deemed to have all the^'^werso^f _^_^^
powers necessary to enter into and to carry out the terms
and conditions of an agreement made under subsection 1 .
11. Section 26 of the said Act, as amended by the Statutes of ^-26^ ^ ^^
Ontario, 1971, chapter 61, section 3, is repealed and the following
substituted therefor :
26. — (1) In this section, "municipality" includes county, ^^terpre-
district, metropolitan or regional municipalities and a com-
mission that is a road authority appointed under an Act of
the Legislature.
(2) The Lieutenant Governor in Council may direct that "^^o^*"^^
any part of the King's Highway or any part of any other
highway that is under the jurisdiction and control of the
Ministry shall be closed.
(3) Notwithstanding subsection 2, the Minister may direct Temporary
closin&r
that any part of the King's Highway or any part of any other
highway that is under the jurisdiction and control of the
Ministry shall be closed for a specified period of time not
exceeding seventy-two hours where, in the opinion of the
Minister, there is an adequate detour for through traffic.
(4) The Lieutenant Governor in Council may direct the Tremsfer^to^
transfer of any part of the King's Highway or any part of or road
any other highway that is under the jurisdiction and control
of the Ministry to any municipality in which it is situate and,
{a) it vests in and is under the jurisdiction and control
of the municipality on and after the day named
by the Lieutenant Governor in Council ;
{b) it shall for all purposes be deemed to be part of the
road system of the municipality ;
(c) any agreements made or permits granted by the
Minister in relation thereto shall continue in force as
though made or granted by the municipality ; and
145
Application
of 8. 36
Removal of
highway from
jurisdiction
and control
of Ministry
Revocation of
designation
as King's
Highway
S.33,
re-enacted
Controlled-
access
highway
designation
(d) all rights, privileges and benefits conferred upon or
retained by the Ministry or the Crown in any agree-
ment referred to in clause c shall enure to the benefit
of and be binding upon the municipality.
(5) Where a controlled-access highway is transferred to a
municipality under this section, the provisions of section 35
shall continue to apply to such highway for a period of not
more than six months thereafter or until the municipality
designates the highway as a controlled-access road, whichever
is the prior dale, and every reference to the Minister or the
Ministry in section 35 for the purpose of this section shall be
deemed to be a reference to the municipality.
(6) Where, in territory without municipal organization,
an alternative route has been provided for the King's Highway
or any other highway under the jurisdiction and control of the
Ministry, or where for any other reason it is considered ad-
visable that the highway or any part thereof should no longer
be under the jurisdiction and control of the Ministry, the
Lieutenant Governor in Council may direct that any part of the
King's Highway or any part of any other highway under the
jurisdiction and control of the Ministry, be no longer under
the jurisdiction and control of the Ministry and the Crown shall
not be liable for any damages caused by default in main-
tenance of the highway or for any damage sustained by any
person using the highway on and after the day named by the
Lieutenant Governor in Council.
(7) Where a highway is closed for an indeterminate period,
transferred to a municipality or removed from the juris
diction and control of the Ministry under this section, any
designation of the highway as the King's Highway is thereby
revoked.
12. Section 33 of the said Act is repealed and the following sub-
stituted therefor :
33. — (1) The Lieutenant Governor in Council may desig-
nate any,
(a) highway ; or
{b) proposed highway,
as a controlled-access highway and every highway so
designated shall be deemed to be part of the King's Highway
and the provisions of this Act and the regulations that apply
to the King's Highway apply mutatis mutandis to such con-
trolled-access highway.
145
£
Section 12. The purpose of this revision is to simplify the procedure of
designating a highway as a controlled-access highway by eliminating the
need for prior designation as the King's Highway by the Lieutenant
Governor in Council.
145
Section 13. The amendments remove from the subsections references
to claims in respect of land injuriously affected by the closing of a road
since such claims may be dealt with under The Expropriations Act.
Section 14 — Subsection 1. The amendment removes reference to pay-
ment in the case of a bridge or culvert so that the financial arrangement for
county roads will be similar to that for regional roads under section 84^ (2)
of the Act.
Subsection 2. The subsection provides for payment of an additional
amount for improvement of a county road system in a manner similar
to that for regional roads under section 84i (4) of the Act.
145
(2) Any part of the King's Highway heretofore designated ^^^^^oj^jl^
as a controlled-access highway under this Act or a pre- access
decessor thereof shall be deemed to have been designated in
accordance with this section.
13. Subsections 3 and 5 of section 34 of the said Act are repealed ^g^^^^'^^^*^^
and the following substituted therefor:
(3) The Board may direct that notice of an application for^PPiic*<^io°
approval of the closing of a road under this section shall approval
be given at such time, in such manner and to such persons,
including municipalities and local boards thereof, as the
Board determines, and may further direct that particulars
of objections to the closing shall be filed with the Board and
the Minister within such time as the Board directs.
(5) The Minister or a person, including a municipality or Appeal
local board thereof, that has filed particulars of an objection
may, with leave of the Supreme Court, appeal to that court
from any order made under subsection 4, and subsections 4 and
5 of section 12 apply mutatis mutandis thereto.
14. — (1) Subsection 2 of section 47 of the said Act, as re-enacted s- ^7 (2),
^ ' re-enacted
by the Statutes of Ontario, 1971, chapter 61, section 6, is
repealed and the following substituted therefor :
(2) Upon receipt of the statement, declarations and request , ^*y'"®°*'
the Minister may direct payment to the county treasurer out county
of the moneys allocated under section 46 of an amount equal
to 50 per cent of the amount of the expenditure that is prop-
erly chargeable to road improvement, and in all cases of
doubt or dispute the decision of the Minister is final.
(2) The said section 47, as amended by the Statutes ofs'iv,
. . -^ amended
Ontario, 1971, chapter 61, section 6, is further amended
by adding thereto the following subsection :
(6) Notwithstanding subsection 2, where a plan of con- P^y'"®^*^
struction and maintenance of a county road system has been pad
1- 1 1 11 i-n*^-- i-»i-- improvement
submitted to and approved by the Minister, the Minister may,
upon consideration of the estimated money needs required
to implement the plan and the financial capability of the
county, direct payment to the county treasurer out of the
moneys allocated under section 46 of such amount as he con-
siders requisite but not exceeding 80 per cent of the amount
of the expenditure that is properly chargeable to road
improvement, and in all cases of doubt or dispute the
decision of the Minister is final.
145
S.50,
repealed
s.65(3),
amended
s. 66 (1),
re-enacted
Expenditures
s. 73 (2),
repealed
8. 85 (1),
amended
Part XIII,
re-enacted
15. Section 50 of the said Act is repealed.
16. Subsection 3 of section 65 of the said Act is amended by striking
out "subject to the approval of the Minister" in the third line.
17. Subsection 1 of section 66 of the said Act is repealed anc
the following substituted therefor :
(1) The portion of the expenditures on suburban road;
remaining after taking into account the grant or grants paic
pursuant to section 47 shall be borne equally by the count}
and the city or separated town.
18. Subsection 2 of section 73 of the said Act is repealed.
19. Subsection 1 of section 85 of the said Act is amended h\
striking out "or of a county" in the third line.
20. — (1) Part XIII of the said Act, as re-enacted by the Statute:
of Ontario, 1971, chapter 61, section 13, is repealed anc
the following substituted therefor :
Inter-
pretation
Items
properly
chargeable
to rapid
transit
construction
PART XIII
RAPID TRANSIT CONSTRUCTION
87.— (1) In this Part,
(a) "municipality" includes a metropolitan or regiom
municipality ;
(b) "rapid transit" means a rapid transit system or pai
thereof designated by the Lieutenant Governor i
Council.
(2) For the purpose of this Part, a municipality ma
properly charge to rapid transit construction the cost of,
(a) the planning and design of the rapid transit systen
{b) the acquisition of land required for rapid transi
right-of-way, stations and yards ;
(c) clearing the right-of-way of obstructions for the rapi
transit system ;
I
(d) taking up, removing or changing the location (
public utilities ;
145
Section 15. The repeal of section 50 is complementary to the new
section 91a of the Act.
Section 16. The amendment removes the requirement of ministerial
approval for the payment of money by a suburban roads commission to a
county road superintendent in addition to his regular salary when he
supervises suburban roads.
Section 17. The amendment is complementary to the amendments
to section 47 of the Act.
Section 18. The repeal of this subsection is complementary to
section 91a of the Act.
Section 19. The amendment removes roads or proposed roads under
the jurisdiction and control of a county from the class of roads that may
be designated as development roads.
Section 20. — Subsection 1. Part XIII is re-enacted so that it applies
only to rapid transit systems and in order to more directly relate provincial
financial assistance to the amount needed for rapid transit system con-
struction.
145
{e) constructing tunnels, elevated guideways, stations
and other structures or facilities incidental to the
rapid transit system ;
(/) constructing the roadbed for the rapid transit
system, the under-drainage, tracks, rails or other
surface or facility upon which to operate the rapid
transit vehicles ;
{g) rapid transit vehicles ;
{h) constructing,
(i) storage and maintenance yards or depots for
rapid transit vehicles,
(ii) power conditioning and distribution systems,
(iii) train control, signalling and safety systems,
and
(iv) communication and surveillance systems ; and
{i) such other equipment, works or services required
for or in connection with the rapid transit system
as the Minister may approve.
87a. — (1) A municipality may submit to the Minister a^jij^c^^^o^
request for an allocation of moneys for rapid transit system by Minister
construction together with a detailed estimate of how such
allocation is proposed to be spent, and the Minister may make
such allocation as he considers appropriate.
(2) Where the Minister has made an allocation of moneys Annua^i
under subsection 1, the municipality shall annually, and, to
with the consent of the Minister, may at any time during
the year submit to the Minister,
statement
Minister
(a) a detailed statement of receipts and expenditures in
respect of the rapid transit system in the form pre-
scribed by the Minister ;
(6) a declaration of the treasurer of the municipality that
the statement is correct ;
(c) a declaration of an officer of the municipality or
officer responsible for the rapid transit system con-
struction that the statement contains only receipts
and expenditures for such construction ; and
145
Payment
to
municipality
Limitation
on
payments
10
{d) a request, authorized by resolution of the counc
of themunicipahty, for payment of moneys allocate
under subsection 1.
(3) Upon receipt of the statement, declarations and request
the Minister may direct payment to the treasurer of the munici
pality, out of the moneys allocated under subsection 1, of ai
amount equal to 75 per cent of the expenditure properl
chargeable to rapid transit construction and in all case
the decision of the Minister is final.
(4) The total of all payments made to a municipalit
under this section in respect of expenditures made for rapi<
transit in any year shall not exceed the amount of mone
allocated to such municipality for that year under thi
section.
Power to
spend
moneys
not limited
(5) This section does not limit the power of a municipaht
to spend moneys raised by it for rapid transit.
Con-
tributions
to be
deducted
Allocation
of moneys
in respect
of 1972
expenditures
s. 876 (2),
amended
s. 876 (3),
re-enacted
Allocation
of moneys
by Minister
21.
(6) Where a contribution has been made from any sourc
whatsoever towards an expenditure to which this sectio
applies, the amount of such contribution shall be deducte
from the expenditure in the statement submitted to th
Minister unless the Minister otherwise directs.
(2) The Minister may allocate and direct the payment
moneys to the treasurer of a municipality in the year 197
pursuant to Part XIII of The Public Transportation an<
Highway Improvement ^c^ in respect of expenditures mad
by the municipality on or after the 1st day of Decembei
1972.
-(1) Subsection 2 of section 876 of the said Act, as enacte
by the Statutes of Ontario, 1971, chapter 61, section U
is amended by striking out "subway" in the twenty-sixt
hue and inserting in lieu thereof "rapid transit".
(2) Subsection 3 of the said section 876 is repealed and th
following substituted therefor :
I
(3) The municipality may submit to the Minister a reques
for allocation of moneys for public transportation togethe
with a detailed estimate of how such allocation is propose
to be spent, and the Minister may make such allocatio
as he considers appropriate.
145
Subsection 2. Self-explanatory.
Section 21. — Subsection 1. The amendment to Part XIII-A of the
Act, is complementary to the re-enactment of Part XIII of the Act.
Subsection 2. The amendments provide for a system of provincial
financial assistance similar to that set out in Part XIII of the Act and
provide for assistance equal to 75 per cent of capital costs and 50 per
cent of operating costs.
145
Subsection 3. Self-explanatory.
145
11
1
(3a) Where the Minister has made an allocation of moneys Annual
^ ' ■' statement
under subsection 3, the municipality shall annually and, to
MlnlstiGr
with the consent of the Minister, may at any time during
the year submit to the Minister,
[a) a detailed statement of receipts and expenditures in
respect of public transportation in the form pre-
scribed by the Minister ;
[h] a declaration of the treasurer of the municipality
that the statement is correct ;
(c) a declaration of an officer of the municipality or
officer responsible for public transportation that the
statement contains only receipts and expenditures
for such public transportation ; and
{d) a request, authorized by resolution of the council
of the municipality, for payment of moneys allocated
under subsection 3.
(3i) Upon receipt of the statement, declarations andP*y'"®°*
request, the Minister may direct payment to the treasurer municipality
of the municipality, out of moneys allocated under sub-
section 3, an amount equal to 75 per cent of the expenditure
properly chargeable to capital costs, and 50 per cent toward
the expenditure of operating costs and, in all cases, the
decision of the Minister is final.
(3c) The total of all payments made to the municipality ^^"^^**^*°°
under this section in respect of expenditures made f or pay™®'!*^^
public transportation in any year shall not exceed the amount
of money allocated to such municipality under this section.
(3<i) This section does not limit the power of a municipality ^^^l *°
to spend moneys raised by it for public transportation. Sot'^^^^
limited
{3e) Where a contribution has been made from any source ^0°^^.^^^^^
whatsoever towards an expenditure to which this section to be
applies, the amount of such contribution shall be deducted from
the expenditure in the statement submitted to the Minister
unless the Minister otherwise directs.
(3) The Minister may allocate and direct the payment of moneys of money"
to the treasurer of a municipality in the year 1 973 i° respect of
pursuant to Part XIII-A of The Public Transportation awi expenditures
Highway Improvement Act in respect of public trans-
portation expenditures made by the municipality in
the year 1972.
12
8. 91a,
enacted
Power of
Minister to
establish,
etc., ferries
Agreements
authorized
22. The said Act is further amended by adding thereto the follow
ing section:
91a. — (1) The Minister may establish, acquire, construct
operate and maintain ferries and acquire lands, equipmen
and machinery necessary and incidental thereto.
(2) The Minister and a municipality may enter into ai
agreement to establish, acquire, construct, operate and main
tain ferries and to acquire lands, equipment and machiner
necessary and incidental thereto.
Moneys
Commence-
ment
Short title
(3) The Minister may pay to a municipality the whol
or part of expenditures by the municipality to establish
acquire, construct, operate and maintain ferries and to acquir
lands, equipment and machinery necessary and incidenta
thereto.
23. This Act comes into force on the day it receives Royal Assent.
24. This Act may be cited as The Public Transportation and High
way Improvement Amendment Act, 1973 {No. 2).
145
Section 22. The section enables the Minister to estabHsh, acquire
and operate ferries and to enter into agreements and pay moneys in
relation thereto.
145
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BILL 145
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend
The Public Transportation and Highway Improvement Act
The Hon. G. Carton
Minister of Transportation and Communications
TORONTO
Printed and Published by The Queen's Printer and Publisher
BILL 145 1973
An Act to amend
The Public Transportation
I and 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. The heading to Part I of The Public Transportation ^^^headin
Highway Improvement Act, being chapter 201 of the Revised re-enacted
Statutes of Ontario, 1970, is repealed and the following sub-
stituted therefor :
"land acquisition, highways and other works".
2. The said Act is amended by adding thereto the following l^^^^l^^-
sections :
2a. — (1) A right or interest in, over, above, upon, across, instruments
along, through, under or affecting any land or any covenant rights
or condition relating thereto in favour of the Crown, in respect easenfents °
of any highway or other works under the jurisdiction and
control of the Ministry, is valid and enforceable in accordance
with the terms of the instrument granting, creating or con-
taining them, notwithstanding that the right or interest or the
benefit of the covenant or condition is not appurtenant
or annexed to or for the benefit of any land of the Crown.
(2) On and after the registration of an instrument to which ^emi^^f^^
subsection 1 applies in the proper land registry office, all the binding on
rights, interests, covenants and conditions granted or created
by or contained in the instrument are binding upon and enure
to the benefit of the heirs, successors, personal representatives
and assigns of the parties to the instrument.
successors
(3) A party to an instrument to which subsection 1 applies '^^I'biijty^of
or a person to whom subsection 2 applies is not liable for breach Breach of
of a covenant or condition contained in the instrument com- limited
mitted after he ceased to be the owner of the land therein
145
Land to
remain
subject to
Instrument
when sold
for taxes
mentioned, or after he ceased to hold the interest in the land
by virtue of which he or his predecessor in title executed the
instrument. ^
(4) Where the land mentioned in an instrument to which
subsection 1 applies is sold for taxes, the land shall be deemecj
to have been sold subject to any right or interest grantee
or created by and any condition or covenant contained in tht
instrument.
Application
(5) This section applies, notwithstanding that such right
interest, covenant or condition was granted or created by oi
contained in an instrument executed before the date thi*
section comes into force.
Persons
who may
sign plans
R.S.0. 1970,
c. 154
2b. — (1) Where this Act or The Expropriations Act require:
a plan or other instrument under this Act, other than ai
order in council mentioned in section 5 or 33, to be registerec
in the proper land registry office or deposited with the Ministe
of Natural Resources, the plan or instrument shall be signec
by an Ontario Land Surveyor and one of the following :
1. The Minister.
2. The Deputy Minister.
3. An Assistant Deputy Minister of the Ministry.
4. The Chief Surveyor of the Ministry.
S.3,
re-enacted
3. Section 3 of the said Act is repealed and the following sub
stituted therefor :
Crown Land
Flans
3. — (1) Where the Minister desires to acquire any Crow
lands, not under the jurisdiction and control of the Ministr
that he considers necessary for the purposes of the Ministr\
he shall deposit with the Minister of Natural Resources an
register in the proper land registry office a plan of the Ian
to be known and marked "Crown Land Plan" and thereiipo
the land is under the jurisdiction and control of the Ministry.
Crown land
no longer
required
145
(2) Where the jurisdiction and control of Crown lands
no longer required by the Ministry, the Minister may, wit
the approval of the Minister of Natural Resources, by
writing deposited with the Minister of Natural Resources an
registered in the proper land registry office, declare that tb
jurisdiction and control of the land is no longer required an
thereupon such land is under the jurisdiction and control oftb
Ministry of Natural Resources.
4. Section 5 of the said Act is amended by adding thereto thel-^-^^^^^
following subsection :
(2) The order in council designating a highway or proposed Registration
highway as The King's Highway shall be registered in the council
proper land registry office and any such order in council
heretofore registered shall be deemed to have been required
to be so registered.
6. Section 6 of the said Act is repealed and the following sub- ^g^^jj^^^j^g^j
stituted therefor :
6. — (1) Where the Minister desires to acquire an existing ^^jP^^^^^^jj^^
highway, he shall register in the proper land registry office, a highway
{a) a plan of the highway to be known as and marked ^^sumption
"Assumption Plan" ; or
(b) a notice to be known as and marked "Notice of ^^^^^o^j^^^
Assumption" referring to a plan of the highway
registered in the proper land registry office,
and thereupon the highway vests in the Crown and the
Minister forthwith shall give notice in writing of such vesting
to any municipality concerned.
(2) The Minister, before registering an "Assumption Plan",Prenminary
may register in the proper land registry office, a preliminary Plan
plan of the highway to be known as and marked "Pre-
liminary Assumption Plan", and such Preliminary Assumption
Plan when registered has the same force and effect as an
Assumption Plan registered under subsection 1, but an
Assumption Plan of the highway or a Notice of Assumption
referring to a plan registered in the proper land registry
office shall thereafter be registered under subsection 1.
6. — (1) Subsection 1 of section 9 of the said Act is repealed and Sg9g(i>^^^g^
the following substituted therefor :
(1) The Minister may in the name of the Crown, acquire ^c^^jj?^^^^®
by purchase, lease or otherwise or may, without the consent ®'fP''op"*ted
of the owner, expropriate any land he considers necessary
for the purposes of this Act or for making compensation
in whole or in part to any person for land acquired under
this Act.
(2) Subsection 2 of the said section 9 is repealed. reneaif
repealed
145
s. 18,
re-enacted
Intersecting
highways
Crossing
highways
s. 22 (2, 3),
re-enacted
Consent
to closing
of highway
connecting
with King's
Highway
Exception
Consent
deemed
not
regulation
R.S.0. 1970,
c. 410
7. Section 18 of the said Act is repealed and the following sub-
stituted therefor :
18. — (1) Except as otherwise designated by the Lieutenant
Governor in Council, where the King's Highway, other than
a proposed highway, intersects a highway that is not the
King's Highway, the continuation of the King's Highway to
its full width across the highway so intersected is the King's
Highway and shall be deemed to be vested in the Crown and
under the jurisdiction and control of the Ministry.
(2) Notwithstanding subsection 1, where a highway is
carried over or under the King's Highway by a bridge oi
other structure the surface of the highway shall be deemed
to be under the jurisdiction and control of the authority
that has jurisdiction and control over the remainder of the
highway and the Crown shall not be liable for maintenance
and repair of the surface of the highway.
8. Subsection 2, and subsection 3 as enacted by the Statutes o:
Ontario, 1971, chapter 61, section 2, of section 22 of the saic
Act are repealed and the following substituted therefor :
(2) A municipality shall not open, close or divert an}
highway or road allowance entering upon or intersecting
the King's Highway without the consent of the Ministei
to the opening, closing or diversion of the highway or roac
allowance, and a by-law passed for any of such purpose;
does not take effect until the consent of the Minister i
endorsed thereon and the by-law is registered in the propei
land registry ofhce.
(3) Subsection 2 does not apply where the highway o:
road allowance is closed for a specified period of time no
exceeding seventy-two hours and the municipality has pro
vided an adequate detour.
(4) A consent or approval pursuant to subsection 2 or an^
predecessor thereof shall be deemed not to be and never t(
have been a regulation within the meaning of The Regulation
Act.
8.24(1),
re-enacted
Construction
of works
9. Subsection 1 of section 24 of the said Act is repealed and th<
following substituted therefor :
(1) The Minister may construct, extend, alter, maintai)
and operate such works as he considers necessary or expedien
for the purposes of the Ministry, and he and any persoi
including a municipality or local board thereof, may ente
into agreements, with respect to the construction, extensioi
alteration, maintenance or operation of such works.
145
# ' i
10. The said Act is further amended by adding thereto the following l^^^^^^^^
section :
24a. — (1) Where the Minister considers it advantageous forJ°^^^j.^^yQjj
the Ministry and any municipality to combine separate projects
work projects, the Minister and the municipality may enter
into agreements for the construction of such works on any
terms and conditions, including the sharing of costs, that the
Minister considers advisable.
(2) Any municipality shall be deemed to have all thePoj^^rso^f^^^^^
powers necessary to enter into and to carry out the terms
and conditions of an agreement made under subsection 1 .
11. Section 26 of the said Act, as amended by the Statutes of re-enacted
Ontario, 1971, chapter 61, section 3, is repealed and the following
substituted therefor :
26. — (1) In this section, "municipality" includes county, [°^erpre-
district, metropolitan or regional municipalities and a com-
mission that is a road authority appointed under an Act of
the Legislature.
(2) The Lieutenant Governor in Council may direct that losing
any part of the King's Highway or any part of any other
highway that is under the jurisdiction and control of the
Ministry shall be closed.
(3) Notwithstanding subsection 2, the Minister may direct Temporary
that any part of the King's Highway or any part of any other
highway that is under the jurisdiction and control of the
Ministry shall be closed for a specified period of time not
exceeding seventy-two hours where, in the opinion of the
Minister, there is an adequate detour for through traffic.
(4) The Lieutenant Governor in Council may direct the Transfer^to^
transfer of any part of the King's Highway or any part of or road
any other highway that is under the jurisdiction and control
of the Ministry to any municipality in which it is situate and,
{a) it vests in and is under the jurisdiction and control
of the municipality on and after the day named
by the Lieutenant Governor in Council ;
{b) it shall for all purposes be deemed to be part of the
road system of the municipality ;
(c) any agreements made or permits granted by the
Minister in relation thereto shall continue in force as
though made or granted by the municipality ; and
145
Application
of s. "
rs.35
Removal of
highway from
jurisdiction
and control
of Ministry
Revocation of
designation
as King's
Highway
S.33,
re-enacted
Controlled-
access
highway
designation
(d) all rights, privileges and benefits conferred upon or
retained by the Ministry or the Crown in any agree-
ment referred to in clause c shall enure to the benefit
of and be binding upon the municipality.
(5) Where a controlled-access highway is transferred to a
municipality under this section, the provisions of section 35
shall continue to apply to such highway for a period of not
more than six months thereafter or until the municipality
designates the highway as a controlled-access road, whichever
is the prior date, and every reference to the Minister or the
Ministry in section 35 for the purpose of this section shall be
deemed to be a reference to the municipality.
(6) Where, in territory without municipal organization,
an alternative route has been provided for the King's Highway
or any other highway under the jurisdiction and control of the
Ministry, or where for any other reason it is considered ad-
visable that the highway or any part thereof should no longer
be under the jurisdiction and control of the Ministry, the
Lieutenant Governor in Council may direct that any part of the
King's Highway or any part of any other highway under the
jurisdiction and control of the Ministry, be no longer under
the jurisdiction and control of the Ministry and the Crown shall
not be liable for any damages caused by default in main-
tenance of the highway or for any damage sustained by any
person using the highway on and after the day named by the
Lieutenant Governor in Council.
(7) Where a highway is closed for an indeterminate period,
transferred to a municipality or removed from the juris-
diction and control of the Ministry under this section, any
designation of the highway as the King's Highway is thereby
revoked.
12. Section 33 of the said Act is repealed and the following sub-
stituted therefor :
33.-(i:
nate any,
The Lieutenant Governor in Council may desig-
{a) highway ; or
{b) proposed highway,
as a controlled-access highway and every highway so
designated shall be deemed to be part of the King's Highway
and the provisions of this Act and the regulations that apply
to the King's Highway apply mutatis mutandis to such con-
trolled-access highway.
145
(2) Any part of the King's Highway heretofore designated p^^^o}^|^
as a controlled-access highway under this Act or a pre- access
decessor thereof shall be deemed to have been designated in
accordance with this section.
13. Subsections 3 and 5 of section 34 of the said Act are repealed ^^^^^1^^^^^^^
and the following substituted therefor:
(3) The Board may direct that notice of an application for^PP^^c*"o°
approval of the closing of a road under this section shall approval
be given at such time, in such manner and to such persons,
including municipalities and local boards thereof, as the
Board determines, and may further direct that particulars
of objections to the closing shall be filed with the Board and
the Minister within such time as the Board directs.
(5) The Minister or a person, including a municipality or^PP«*i
local board thereof, that has filed particulars of an objection
may, with leave of the Supreme Court, appeal to that court
from any order made under subsection 4, and subsections 4 and
5 of section 12 apply mutatis mutandis thereto.
14. — (1) Subsection 2 of section 47 of the said Act, as re-enacted s^^?^!)^^^^
by the Statutes of Ontario, 1971, chapter 61, section 6, is
repealed and the following substituted therefor :
(2) Upon receipt of the statement, declarations and request, ^*y™®°*
the Minister may direct payment to the county treasurer out county
of the moneys allocated under section 46 of an amount equal
to 50 per cent of the amount of the expenditure that is prop-
erly chargeable to road improvement, and in all cases of
doubt or dispute the decision of the Minister is final.
(2) The said section 47, as amended by the Statutes ofs'*?. ^ ^
^ ' . . -' amended
Ontario, 1971, chapter 61, section 6, is further amended
by adding thereto the following subsection :
(6) Notwithstanding subsection 2, where a plan of con-^^y'"^^*
struction and maintenance of a county road system has been foad
,. - , ,, ,,,•• i»»-- improvement
submitted to and approved by the Minister, the Minister may,
upon consideration of the estimated money needs required
to implement the plan and the financial capability of the
county, direct payment to the county treasurer out of the
moneys allocated under section 46 of such amount as he con-
siders requisite but not exceeding 80 per cent of the amount
of the expenditure that is properly chargeable to road
improvement, and in all cases of doubt or dispute the
decision of the Minister is final.
145
S.50,
repealed
15. Section 50 of the said Act is repealed.
s. 65 (3).
amended
16. Subsection 3 of section 65 of the said Act is amended by striking
out "subject to the approval of the Minister" in the third line.
8.66(1) J 7^ Subsection 1 of section 66 of the said Act is repealed and
the following substituted therefor :
Expenditures
s. 73 (2),
repealed
s. 85 (1),
amended
Part Xm,
re-enacted
(1) The portion of the expenditures on suburban roads
remaining after taking into account the grant or grants paid
pursuant to section 47 shall be borne equally by the county
and the city or separated town.
18. Subsection 2 of section 73 of the said Act is repealed.
19. Subsection 1 of section 85 of the said Act is amended h}
striking out "or of a county" in the third line.
20. — (1) Part XIII of the said Act, as re-enacted by the Statutes
of Ontario, 1971, chapter 61, section 13, is repealed anc
the following substituted therefor :
Inter-
pretation
Items
properly
chargeable
to rapid
transit
construction
PART XIII
RAPID TRANSIT CONSTRUCTION
87.— (1) In this Part,
{a) "municipality" includes a metropolitan or regiona
municipality ;
(6) "rapid transit" means a rapid transit system or par
thereof designated by the Lieutenant Governor ii
Council.
(2) For the purpose of this Part, a municipality ma;
properly charge to rapid transit construction the cost of,
(a) the planning and design of the rapid transit system
(b) the acquisition of land required for rapid transij
right-of-way, stations and yards ; |
(c) clearing the right-of-way of obstructions for the rapi(
transit system ;
{d) taking up, removing or changing the location o
public utilities ;
145
{e) constructing tunnels, elevated guideways, stations
and other structures or facilities incidental to the
rapid transit system ;
if) constructing the roadbed for the rapid transit
system, the under-drainage, tracks, rails or other
surface or facility upon which to operate the rapid
transit vehicles ;
{g) rapid transit vehicles ;
{h) constructing,
(i) storage and maintenance yards or depots for
rapid transit vehicles,
(ii) power conditioning and distribution systems,
(iii) train control, signalling and safety systems,
and
(iv) communication and surveillance systems; and
(i) such other equipment, works or services required
for or in connection with the rapid transit system
as the Minister may approve.
87a. — (1) A municipality may submit to the Minister a^n^cation
request for an allocation of moneys for rapid transit system by Minister
construction together with a detailed estimate of how such
allocation is proposed to be spent, and the Minister may make
such allocation as he considers appropriate.
(2) Where the Minister has made an allocation of moneys Annual
^ ' . . . -' statement
under subsection 1, the municipality shall annually, and, to
. . . Minister
with the consent of the Minister, may at any time during
the year submit to the Minister,
{a) a detailed statement of receipts and expenditures in
respect of the rapid transit system in the form pre-
scribed by the Minister ;
{b) a declaration of the treasurer of the municipality that
the statement is correct ;
a declaration of an officer of the municipality or
officer responsible for the rapid transit system con-
struction that the statement contains only receipts
and expenditures for such construction ; and
10
(d) a request, authorized by resolution of the council
of the municipality, for payment of moneys allocated
under subsection 1 .
Payment
to
municipality
(3) Upon receipt of the statement, declarations and request,
the Minister may direct payment to the treasurer of the munici-
pality, out of the moneys allocated under subsection 1, of an
amount equal to 75 per cent of the expenditure properly
chargeable to rapid transit construction and in all cases
the decision of the Minister is final.
Limitation
on
payments
(4) The total of all payments made to a municipality
under this section in respect of expenditures made for rapid
transit in any year shall not exceed the amount of money
allocated to such municipality for that year under this
section.
Power to
spend
moneys
not limited
(5) This section does not limit the power of a municipality
to spend moneys raised by it for rapid transit.
Con-
tributions
to be
deducted
(6) 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 statement submitted to the
Minister unless the Minister otherwise directs.
Allocation
of moneys
in respect
of 1972
expenditures
s. 87ft (2),
amended
(2)
The Minister may allocate and direct the payment of
moneys to the treasurer of a municipality in the year 1973
pursuant to Part XIII of The Public Transportation and
Highway Improvement Act in respect of expenditures made
by the municipality on or after the 1st day of December,
1972.
21. — (1) Subsection 2 of section 876 of the said Act, as enacted
by the Statutes of Ontario, 1971, chapter 61, section 14,
is amended by striking out "subway" in the twenty-sixth
line and inserting in lieu thereof "rapid transit". i
s. 876 (3),
re-enacted
(2) Subsection 3 of the said section 876 is repealed and the
following substituted therefor:
Allocation
of moneys
by Minister
(3) The municipality may submit to the Minister a requesll
for allocation of moneys for public transportation togethei
with a detailed estimate of how such allocation is proposer
to be spent, and the Minister may make such allocatior
as he considers appropriate.
145
'M u
11
{3a) Where the Minister has made an allocation of irioneysAnnuai^^^
under subsection 3, the municipality shall annually and, to
with the consent of the Minister, may at any time during
the year submit to the Minister,
{a) a detailed statement of receipts and expenditures in
respect of public transportation in the form pre-
scribed by the Minister ;
(b) a declaration of the treasurer of the municipality
that the statement is correct ;
(c) a declaration of an officer of the municipality or
officer responsible for public transportation that the
. statement contains only receipts and expenditures
for such public transportation ; and
(d) a request, authorized by resolution of the council
of the municipality, for payment of moneys allocated
under subsection 3.
{3b) Upon receipt of the statement, declarations and^j^y^^^^*
request, the Minister may direct payment to the treasurer municipality
of the municipality, out of moneys allocated under sub-
section 3, an amount equal to 75 per cent of the expenditure
properly chargeable to capital costs, and 50 per cent toward
the expenditure of operating costs and, in all cases, the
decision of the Minister is final.
(3c) The total of all payments made to the municipality ^^'"***^^°'^
under this section in respect of expenditures made forpay^^^ts
public transportation in any year shall not exceed the amount
of money allocated to such municipality under this section.
{3d) This section does not limit the power of a municipality g°^^''*^°
to spend moneys raised by it for public transportation. moneys
limited
{3e) Where a contribution has been made from any source ^on- ^^^
whatsoever towards an expenditure to which this section to be
applies, the amount of such contribution shall be deducted from
the expenditure in the statement submitted to the Minister
unless the Minister otherwise directs.
(3) The Minister may allocate and direct the payment of moneys q/ money °
to the treasurer of a municipality in the year 19731° respect of
pursuant to Part XII I- A of The Public Transportation a W(^ expenditures
Highway Improvement Act in respect of public trans-
portation expenditures made by the municipality in
the year 1972.
12
s. 91a,
enacted
Power of
Minister to
establish,
etc., ferries
Agreements
authorized
22. The said Act is further amended by adding thereto the follow-
ing section:
91a. — (1) The Minister may establish, acquire, construct,^
operate and maintain ferries and acquire lands, equipment
and machinery necessary and incidental thereto.
(2) The Minister and a municipality may enter into an
agreement to establish, acquire, construct, operate and main-
tain ferries and to acquire lands, equipment and machinery
necessary and incidental thereto. m.
Moneys
(3) The Minister may pay to a municipality the whole
or part of expenditures by the municipality to estabhsh,
acquire, construct, operate and maintain ferries and to acquire
lands, equipment and machinery necessary and incidental
thereto.
Commence-
ment
Short title
23. This Act comes into force on the day it receives Royal Assent.
24. This Act may be cited as The Public Transportation and High-
way Improvement Amendment Act, 1973 {No. 2).
145
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P !=t
BILL 146
Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Liquor Licence Act
The Hon. J. T. Clement
Minister of Consumer and Commercial Relations
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
Section 1. The definition of military mess is replaced by a definition
of canteen which is wider and includes military and police messes and
dining facilities in certain residential institutions.
A definition of recreational facility is added and the definition of
theatre is enlarged to include a class of theatres that periodically shows
motion pictures as prescribed in the regulation.
146
■(M- ».*«(!■•> urt.-'' .t'ff-
BLL 146 1973
An Act to amend The Liquor Licence Act
]|ER MAJESTY, by and with the advice and consent of the
I- Legislative Assembly of the Province of Ontario, enacts as
f ( pws :
1. — (1) Section 1 of The Liquor Licence Act, being chapter 250 Ij^'gjj^g^
of the Revised Statutes of Ontario, 1970, as amended by
the Statutes of Ontario, 1971, chapter 35, section 1, is
further amended by adding thereto the following para-
graph :
3a. "canteen" means a wardroom, mess, cafeteria, dining
area, common room, or other room to which the
public is not ordinarily admitted situated in or on a
base, station, camp, campus, institution or other
facility of,
i. the Canadian Armed Forces, for the use of
the active or reserve units thereof and their
guests,
ii. a public police force, for the use of the members
thereof and their guests,
iii. a university, college, community college or
other publicly financed post-secondary edu-
cational facility for the use of the faculty,
staff and students thereof and their guests,
and
iv. a hospital, rest home, convalescent home,
home for the aged or other similar institution
used by the patients, residents and staf¥ thereof
and their guests,
and that has the special accommodation, facilities
and equipment prescribed by the regulations.
(2) Paragraph 7 of the said section 1 is repealed and the re^g^acted
following substituted therefor :
46
7. "establishment" means an aircraft, canteen, c
hotel, inn, public house, railway car, pecreati(
facility, resort, restaurant, steamship, tavern
theatre having premises that comply with
requirements of this Act and the regulations
scribing the qualifications of premises in respec
which licences may be issued.
repealed"' (^) Paragraph 17 of the said section 1 is repealed.
re-enacted (4) Paragraph 20 of the said section 1 is repealed and
following substituted therefor :
20. "permit" means a permit provided for and is;
under this Act and the regulations.
amended (5) The Said Section 1 is further amended by adding the
the following paragraph :
22a. "recreational facility" means a golfing, skiin^jir
curling facility, or other similar facility prescr id
by regulation that has the special accommodal r
facilities and equipment that are prescribed by h
regulations.
re-enactld (6) Paragraph 28 of the said section 1 is repealed andlu
following substituted therefor :
28. "theatre" means premises equipped and used to s
public performances of dramatic, musical or cult
entertainment, or such premises used, in addi
to the staging of such public performances, to s
motion pictures from time to time for periods
exceeding, in each year, those prescribed by r
lation and having the special accommodation,
lities and equipment that are prescribed by
regulations for any of the following classes
licences :
i. dining lounge licence,
ii. dining room licence, I
iii. lounge licence. j
re-ena^cted 2. Sections 23 and 24 of the said Act are repealed and the follovlig
substituted therefor:
permit 23. The Board may issue a licence or licences to,
146
Section 2. The provision for issuance of canteen permits is amended
to provide for the issuance to the institutions contained in the wider
definition of canteen.
The amendment rearranges the classes of licences to include the new
concepts of canteens and recreational facilities.
146
{a) the officer commanding or other person responsible
for and having under his control a canteen in or on a
base, station or camp of the Canadian Armed Forces
that is designated to the Board by the Minister of
National Defence for Canada ;
{b) the officer commanding or other person responsible
for and having under his control a canteen in or on a
base, station or camp of any public police force;
(c) the chief administrative officer or other person who is
responsible for and has under his control a canteen
in or on a campus or building of a university, college,
community college or other publicly financed post-
secondary educational facility ; or
{d) the chief administrative officer or other person who is
responsible for and has under his control a canteen
in a hospital, rest home, convalescent home, home for
the aged or other similar institution.
24. — (1) The Board may, subject to this Act and the^^'^®"^®^
regulations, and subject to the local option provisions of any
Act of the Parliament of Canada or of the Legislature, issue
to the owner of an establishment in respect of the following
classes of establishments, a licence or licences of one or more
of the classes indicated :
1. Aircraft, railway cars, or steamships having special
accommodation, facilities and equipment prescribed
by the regulations for the designated parts of the
establishment in respect of which each licence is
issued,
i. dining lounge licence,
ii. dining room licence,
iii. lounge licence,
iv. public house licence.
2. Canteens, having special accommodation, facilities
and equipment prescribed by the regulations for the
designated parts of the establishment in respect
of which each licence is issued,
i. dining lounge licence,
ii. dining room licence,
146
4
i
iii. lounge licence, I
i
iv. public house licence. m
3. Clubs, having special accommodation, facilities anc
equipment prescribed by the regulations for the
designated parts of the establishment in respect
of which a licence is issued, ^
i. a club licence, M
f
ii. a club licence (restricted). V
4. Hotels and inns, having special accommodation,
facilities and equipment prescribed by the regu-
lations for the designated parts of the establishment
in respect of which each licence is issued,
i. dining lounge licence,
ii. dining room licence,
iii. lounge licence,
iv. public house licence,
and taverns and theatres, having special accommo-
dation, facilities and equipment prescribed by tht
regulations for the designated parts of the establish
ment in respect of which each licence is issued,
V. dining lounge licence,
vi. dining room licence,
vii. lounge licence,
but the Board shall not issue a dining lounge licence
or a lounge licence to a hotel, inn, tavern or theatre
situated in a municipality in which such licences
have not been issued heretofore to hotels, inns,
taverns or theatres unless or until an affirmative
vote has been taken on question 8 or 9, as the case
may be, of subsection 1 of section 73, and section
73 applies mutatis mutandis to such vote whether on
not a by-law mentioned in section 71 is in forcel
therein. I
5. Public houses, having special accommodation,
facilities and equipment prescribed by the regulations
146
for the designated parts of the estabhshment in
respect of which a hcence is issued,
i. pubHc house Hcence,
ii. dining room hcence.
6. Recreational facihties, having special accommodation,
facilities and equipment prescribed by the regu-
lations for the designated parts of the establishment
in respect of which the licence is issued,
i. dining lounge licence,
ii. dining room licence,
iii. lounge licence,
iv. public house licence.
7. Resorts, having special accommodation, facilities
and equipment prescribed by the regulations for
the designated parts of the establishment in respect
of which a licence is issued,
i. dining lounge licence,
ii. dining room licence.
8. Restaurants, having special accommodation, facilities
and equipment prescribed by the regulations for
the designated parts of the establishment in respect
of which the licence is issued a dining room licence.
(2) The Board shall not issue a dining room licence or a vote for
public house licence in any municipality in which such licences and public
have not been issued, except in the case of, licences
(a) an establishment in respect of which an authority
under The Liquor Authority Control Act, 794^, i944,c.33
including therein a privilege corresponding to the
licence issued under this Act, was held on the 1st day
of January, 1947 ; or
{b) an establishment classified as a hotel, inn, club,
railway car or steamship,
unless or until an affirmative vote has been taken on
question 4, 5, 6 or 7, as the case may be, of subsection 1 of
section 73, and section 73 applies mutatis mutandis to such
vote whether or not a by-law mentioned in section 71 is in
force therein.
146
Votes re
resorts,
canteens and
recreational
facilities
S.56,
amended
Card as
proof of
age
R.S.0. 1970,
C.249
amended
s. 86(m),
amended
Commence-
ment
Short title
(3) Notwithstanding that an affirmative vote has not beei
taken therefor under section 73, the Board may issue thi
following classes of licences to,
{a) a canteen or recreational facility,
i. dining lounge licence,
ii. dining room licence,
iii. lounge licence ; and
(6) a resort,
i. dining lounge licence,
ii. dining room licence.
3. Section 56 of the said Act, as amended by the Statutes o
Ontario, 1971, chapter 98, section 4, is further amended b^
adding thereto the following subsection :
(7) A person who sells or supplies liquor to another persoi
or permits another person to enter or be upon licensed premise
shall be deemed not to be in contravention of subsection I
2 or 5 if, before he sells or supplies the liquor or permit
the other person to enter or be upon the premises, a can
in the form prescribed under section 70a of The Liquo
Control Act is produced to him by such other person whicl
purports to be issued by the Liquor Control Board to th
person producing it and if there is no apparent incon
sistency on the face of the card or between the card and th
person producing it.
4. — (1) Section 86 of the said Act is amended by adding theret
the following clauses :
(ja) prescribing the facilities that are recreational facilitie
for the purposes of paragraph 22a of section 1 ;
(jb) prescribing the maximum periods in which motio;
pictures may be shown in theatres for the purpose j
of paragraph 28 of section 1 .
(2) Clause m of the said section 86 is amended by strikinl
out "or military mess" in the second line. '
5. This Act comes into force on a day to be named by th
Lieutenant Governor by his proclamation. i
e. This Act may be cited as The Liquor Licence Amendment Ac\
1973.
146
Section 3. The new provision gives the same protection to a person
who rehes on the card issued by the Liquor Control Board as proof of age
as is given under The Liquor Control Act.
Section 4. The amendments are to the regulation section and are
complementary to the changes in the definitions in section 1 of this Bill.
146
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BILL 146
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Liquor Licence Act
The Hon. J. T. Clement
Minister of Consumer and Commercial Relations
TORONTO
Printed and Published by the Queen's Printer and Publisher
iILL 146 1973
An Act to amend The Liquor Licence Act
JER MAJESTY, by and with the advice and consent of the
^ Legislative Assembly of the Province of Ontario, enacts as
illows :
1. — (1) Section 1 of The Liquor Licence Act, being chapter 250 Ij^'e^^g^
of the Revised Statutes of Ontario, 1970, as amended by
the Statutes of Ontario, 1971, chapter 35, section 1, is
further amended by adding thereto the following para-
graph :
3a. "canteen" means a wardroom, mess, cafeteria, dining
area, common room, or other room to which the
public is not ordinarily admitted situated in or on a
base, station, camp, campus, institution or other
facility of,
, i. the Canadian Armed Forces, for the use of
the active or reserve units thereof and their
guests,
ii. a public police force, for the use of the members
thereof and their guests,
iii. a university, college, community college or
other publicly financed post-secondary edu-
cational facility for the use of the faculty,
staff and students thereof and their guests,
and
iv. a hospital, rest home, convalescent home,
home for the aged or other similar institution
used by the patients, residents and staff thereof
and their guests,
and that has the special accommodation, facilities
and equipment prescribed by the regulations.
(2) Paragraph 7 of the said section 1 is repealed and the «• i- p*V'^
following substituted therefor :
146
7. "establishment" means an aircraft, carfteen, clul
hotel, inn, public house, railway car, pecreation;
facility, resort, restaurant, steamship, tavern (
theatre having premises that comply with tl
requirements of this Act and the regulations pn
scribing the qualifications of premises in respect (
which licences may be issued.
repeated^^' (^) Paragraph 17 of the said section 1 is repealed.
re-enacted (^) Paragraph 20 of the said section 1 is repealed and tl
following substituted therefor :
20. "permit" means a permit provided for and issue
under this Act and the regulations.
amended (5) The said Section 1 is further amended by adding there
the following paragraph :
22fl. "recreational facility" means a golfing, skiing •
curling facility, or other similar facility prescribe
by regulation that has the special accommodatio
facilities and equipment that are prescribed by tl
regulations.
re-enlctid (^) Paragraph 28 of the said section 1 is repealed and tl
following substituted therefor :
28. "theatre" means premises equipped and used to sta;
public performances of dramatic, musical or cultur
entertainment, or such premises used, in additie
to the staging of such public performances, to sho
motion pictures from time to time for periods ii'
exceeding, in each year, those prescribed by reg
lation and having the special accommodation, fae
lities and equipment that are prescribed by tl
regulations for any of the following classes
licences :
i. dining lounge licence,
ii. dining room licence,
iii. lounge licence.
re-emcted 2. Sections 23 and 24 of the said Act are repealed and the followii
substituted therefor :
permit" 23. The Board may issue a licence or licences to,
146
{a) the officer commanding or other person responsible
for and having under his control a canteen in or on a
base, station or camp of the Canadian Armed Forces
that is designated to the Board by the Minister of
National Defence for Canada ;
(b) the officer commanding or other person responsible
for and having under his control a canteen in or on a
base, station or camp of any public police force ;
(c) the chief administrative officer or other person who is
responsible for and has under his control a canteen
in or on a campus or building of a university, college,
community college or other publicly financed post-
secondary educational facility ; or
(d) the chief administrative officer or other person who is
responsible for and has under his control a canteen
in a hospital, rest home, convalescent home, home for
the aged or other similar institution.
24.— (1) The Board may, subject to this Act and the licences
regulations, and subject to the local option provisions of any
Act of the Parliament of Canada or of the Legislature, issue
to the owner of an establishment in respect of the following
classes of establishments, a licence or licences of one or more
of the classes indicated :
1. Aircraft, railway cars, or steamships having special
accommodation, facilities and equipment prescribed
by the regulations for the designated parts of the
establishment in respect of which each licence is
issued,
i. dining lounge licence,
ii. dining room licence,
iii. lounge licence,
iv. public house licence.
2. Canteens, having special accommodation, facilities
and equipment prescribed by the regulations for the
designated parts of the establishment in respect
of which each licence is issued,
i. dining lounge licence,
ii. dining room licence,
146
4
iii. lounge licence,
iv. public house licence.
3. Clubs, having special accommodation, facilities and
equipment prescribed by the regulations for the
designated parts of the establishment in respect
of which a licence is issued,
i. a club licence,
ii. a club licence (restricted).
4. Hotels and inns, having special accommodation,
facilities and equipment prescribed by the regu-
lations for the designated parts of the establishment
in respect of which each licence is issued,
i. dining lounge licence,
ii. dining room licence,
iii. lounge licence,
iv. public house licence,
and taverns and theatres, having special accommo-
dation, facilities and equipment prescribed by the
regulations for the designated parts of the establish-
ment in respect of which each licence is issued,
V. dining lounge licence,
vi. dining room licence,
vii. lounge licence,
but the Board shall not issue a dining lounge licence
or a lounge licence to a hotel, inn, tavern or theatre
situated in a municipality in which such licences
have not been issued heretofore to hotels, inns,
taverns or theatres unless or until an affirmative
vote has been taken on question 8 or 9, as the case
may be, of subsection 1 of section 73, and section
73 applies mutatis mutandis to such vote whether or
not a by-law mentioned in section 71 is in force
therein.
5. Public houses, having special accommodation, ^g
facilities and equipment prescribed by the regulations
146
for the designated parts of the estabHshment in
respect of which a Hcence is issued,
i. pubhc house hcence,
ii. dining room hcence.
6. Recreational facihties, having special accommodation,
facilities and equipment prescribed by the regu-
lations for the designated parts of the establishment
in respect of which the licence is issued,
i. dining lounge licence,
ii. dining room licence,
iii. lounge licence,
iv. public house licence.
7. Resorts, having special accommodation, facilities
and equipment prescribed by the regulations for
the designated parts of the establishment in respect
of which a licence is issued,
i. dining lounge licence,
ii. dining room licence.
8. Restaurants, having special accommodation, facilities
and equipment prescribed by the regulations for
the designated parts of the establishment in respect
of which the licence is issued a dining room licence.
(2) The Board shall not issue a dining room licence or a vote for
public house licence in any municipality in which such licences and public
have not been issued, except in the case of, licences
(a) an establishment in respect of which an authority
under The Liquor Authority Control Act, J 944,^^'^^'^-^^
including therein a privilege corresponding to the
licence issued under this Act, was held on the 1st day
of January, 1947 ; or
{b) an establishment classified as a hotel, inn, club,
railway car or steamship,
unless or until an affirmative vote has been taken on
question 4, 5, 6 or 7, as the case may be, of subsection 1 of
section 73, and section 73 applies mutatis mutandis to such
vote whether or not a by-law mentioned in section 71 is in
force therein.
146
Votes re
resorts,
canteens and
recreational
facilities
s. 56,
annended
Card as
proof of
age
R.S.0. 1970,
C.249
8.86,
amended
s. 86(m),
amended
Commence-
ment
Short title
(3) Notwithstanding that an affirmative vote has not been
taken therefor under section 73, the Board may issue the
following classes of licences to,
{a) a canteen or recreational facility,
i. dining lounge licence,
ii. dining room licence,
iii. lounge licence ; and
(b) a resort,
i. dining lounge licence,
ii. dining room licence.
3. Section 56 of the said Act, as amended by the Statutes of
Ontario, 1971, chapter 98, section 4, is further amended by
adding thereto the following subsection :
(7) A person who sells or supplies liquor to another person
or permits another person to enter or be upon licensed premises
shall be deemed not to be in contravention of subsection 1,
2 or 5 if, before he sells or supplies the liquor or permits
the other person to enter or be upon the premises, a card
in the form prescribed under section 70a of The Liquor
Control Act is produced to him by such other person which
purports to be issued by the Liquor Control Board to the
person producing it and if there is no apparent incon-
sistency on the face of the card or between the card and the
person producing it.
4. — (1) Section 86 of the said Act is amended by adding theretc
the following clauses :
ija) prescribing the facilities that are recreational facilities
for the purposes of paragraph 22a of section 1 ;
(jb) prescribing the maximum periods in which motior
pictures may be shown in theatres for the purpose;
of paragraph 28 of section 1 .
(2) Clause m of the said section 86 is amended by strikinji
out "or military mess" in the second line. j
5. This Act comes into force on a day to be named by thl
Lieutenant Governor by his proclamation.
6. This Act may be cited as The Liquor Licence Amendment Act\
1973.
146
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BILL 147 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Liquor Control Act
The Hon. J. T. Clement
Minister of Consumer and Commercial Relations
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
The amendments provide for the issuing by the Board of cards as
evidence of proof of age for the purposes of serving liquor.
147
ILL 147 1973
An Act to amend The Liquor Control Act
TER MAJESTY, by and with the advice and consent of the
"X Legislative Assembly of the Province of Ontario, enacts as
Hows:
1. Section 70 of The Liquor Control Act, being chapter 249 of the amended
Revised Statutes of Ontario, 1970, as amended by the Statutes
of Ontario, 1971, chapter 98, section 4, is further amended by
adding thereto the following subsection:
(5) A person who sells or supplies liquor to another person card as
shall be deemed not to be in contravention of subsection 1 or age
2 if before he sells or supplies the liquor, a card in the form
prescribed under section 70a is produced to him by the person
to whom he sells or supplies the liquor, which purports to be
issued by the Board to the person producing it and if there
is no apparent inconsistency on the face of the card or
between the card and the person producing it.
2. The said Act is amended by adding thereto the following s. 70a.
. • 6I13>CL6C1
section :
70«. — (1) Any person who is over the age of eighteen card^ ^^
years and not an interdicted person may apply to the Board a^e
for a card certifying that such person has attained the age of
eighteen years.
(2) A card issued by the Board shall contain a photo- Form of
graphic likeness of the applicant and otherwise be in the form
prescribed by the regulations.
(3) The Board, with the approval of the Lieutenant Regulations
Governor in Council, may make regulations prescribing the
form and content of the application and of the card, requiring
the payment of a fee for its issuance and prcscribint^r the
aiiioiml tlicKol.
(4) No person shall supply false information or a false False
photographic likeness in an application made under subsection '°*'°'''^^*^'°°
1, or alter in any way, any card issued by the Board.
147
False card
Offence
(5) No person shall present as evidence of his age any
card purporting to be issued by the Board other than a card
issued to him by the Board.
(6) Every person who contravenes the provisions of sub-
section 4 or 5 of this section is guilty of an offence and liable to
a fine of not more than $2,000 or to imprisonment for a term
of not more than six months, or to both.
Commence-
ment
Short title
3. This Act comes into force on a day to be named by the
Lieutenant Governor by his proclamation.
4. This Act may be cited as The Liquor Control Amendment Act
1973.
147
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BILL 147
3rd Session, 29th Legislature, Ontario
22 Elizabeth II. 1973
An Act to amend The Liquor Control Act
The Hon. J. T. Clement
Minister of Consumer and Commercial Relations
TORONTO
Printed and Published by the Queen's Printer and Publisher
;ILL 147 1973
An Act to amend The Liquor Control Act
ITER MAJESTY, by and with the advice and consent of the
TMl Legislative Assembly of the Province of Ontario, enacts as
)llows :
1. Section 70 of The Liquor Control Act, being chapter 249 of the amended
Revised Statutes of Ontario, 1970, as amended by the Statutes
of Ontario, 1971, chapter 98, section 4, is further amended by
adding thereto the following subsection:
(5) A person who sells or supplies liquor to another person card as
shall be deemed not to be in contravention of subsection 1 or age
2 if before he sells or supplies the liquor, a card in the form
prescribed under section 70a is produced to him by the person
to whom he sells or supplies the liquor, which purports to be
issued by the Board to the person producing it and if there
is no apparent inconsistency on the face of the car^ or
between the card and the person producing it.
2. The said Act is amended by adding thereto the following Ij^^^^j
section :
70a. — (1) Any person who is over the age of eighteen card^^^^^
years and not an interdicted person may apply to the Board age
for a card certifying that such person has attained the age of
eighteen years.
(2) A card issued by the Board shall contain a photo- Form of
graphic likeness of the applicant and otherwise be in the form
prescribed by the regulations.
(3) The Board, with the approval of the Lieutenant Regulations
Governor in Council, may make regulations prescribing the
form and content of the application and of the card, requiring
the payment of a fee for its issuance and prescribing the
amount thereof.
(4) No person shall supply false information or a false ^^^1^^^^^^.^^^^
photographic likeness in an application made under subsection
1, or alter in any way, any card issued by the Board.
147
False card
Offence
Commence-
ment
Short title
(5) No person shall present as evidence of his age a
card purporting to be issued by the Board other than a ca
issued to him by the Board.
(6) Every person who contravenes the provisions of su
section 4 or 5 of this section is guilty of an offence and liable
a fine of not more than $2,000 or to imprisonment for a tei
of not more than six months, or to both.
3. This Act comes into force on a day to be named by t
Lieutenant Governor by his proclamation.
4. This Act may be cited as The Liquor Control Amendment A
1973. '■
147
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BILL 148 Private Member's Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Ophthalmic Dispensers Act
Mr. Roy
TORONTO
Printed and Published by the Queen's Printer and Publisher
II »H s'lsdrffjl/
Explanatory Note
The Bill provides for the election of a Board of Ophthalmic Dis-
pensers, five of whom are to be ophthalmic dispensers and two of whom are
^,, / to be lay members. , .
The Bill also limits the number of members from one corporation
which may be on the Board at any one time.
148
BILL 148 1973
An Act to amend The Ophthalmic Dispensers Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
oUows :
1. Sections 2 and 3 of The Ophthalmic Dispensers Act, being chapter 8^2^^^^^.^^
334 of the Revised Statutes of Ontario, 1970, are repealed ands.3,
, „ . , • 1 , f repealed
the following substituted therefor:
2. — (1) Subject to subsection 4, the ophthalmic dispensers J^i^'jj'^oj
shall elect a board consisting of not fewer than seven members,
five of whom shall be ophthalmic dispensers and two of
whom shall be lay members, to be known as the Board of
Ophthalmic Dispensers.
(2) Every member of the Board shall hold office for a Term of
period of two years, but any member is eligible for re-election
at the expiration of his term of office.
(3) Every vacancy on the Board caused by the death, Vacancies
resignation or incapacity of a member may be filled by the
election of a person from ophthalmic dispensers or otherwise,
as the case may be, to hold office for the remainder of the
term of such member.
(4) Not more than two ophthalmic dispensers who areL^^^^on^^
employees of a corporation which employs ophthalmic dis- members
pensers shall be members of the Board at the same time.
2. Section 6 of the said Act is amended by adding thereto the|-^.^^^g^
following clause:
{g) the method of conducting elections under section 2.
3. This Act comes into force on the day it receives Royal Assent. ^°g^™®'^^«-
4. This Act may be cited as The Ophthalmic Dispensers Amendment^^^^^^^^^^
Act, 1973.
148
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BILL 149 Government Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Conservation Authorities Act
The Hon. L. Bernier
Minister of Natural Resources
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Notes
Section 1. The principle of subsection 2 of section 3 of the Act is
extended to all municipalities.
Sections 2, 3 and 4. The specific provisions respecting the grouping
of municipalities for the purpose of appointing members of authorities
are replaced by a provision of general application.
Section 5. The amendment corrects a reference.
Section 6. The new subsection provides that where, in accordance
with the provisions of the Act, the number of members of an authority is
less than four, the Lieutenant Governor in Council may increase the number
and determine the number of members of each participating authority.
149
3ILL 149 1973
\n Act to amend The Conservation Authorities Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
JdHows :
1. Subsection 2 of section 3 of The Conservation Authorities ^(^^.re^^^cted
being chapter 78 of the Revised Statutes of Ontario, 1970, is
repealed and the following substituted therefor :
(2) Where a municipality is only partly within the watershed, ^^^c^^®'"
the Lieutenant Governor in Council may include the whole or^^^o^ity
that part of the municipality in the area over which the diction
authority has jurisdiction.
2. Clause c of subsection 4 of section 5 of the said Act, as re-enacted ^g^|\^^^'
by the Statutes of Ontario, 1971, chapter 64, section 2, is
repealed.
3. — (1) Clause a of subsection 2 of section 7 of the said Act is Ij^^n^ci^ejl'
amended by striking out "and designate any group of
municipahties that shall be considered as one municipality
for the purpose of appointing a member or members to the
Authority" in the third, fourth, fifth and sixth lines.
(2) Clause h of subsection 2 of the said section 7 is repealed. re^aied^'
4. The said Act is amended by adding thereto the following section : ^^^^iieA
la. The Lieutenant Governor in Council may designate any ^/"^^Pj?!-
group of municipalities that shall be considered as onepaiities
municipality for the purpose of appointing a member or
members to a conservation authority and provide for the
appointment of the member or members to be appointed by a
group of municipalities.
5. Section 11 of the said Act is amended by striking out "8" in the l^^i-^^^^
fourteenth line and inserting in lieu thereof "9".
6. Section 13 of the said Act is amended by adding thereto the|-^|'jj^g^
following subsection :
149
Idem
s. 23,
amended
Exception
(la) Where the total number of members that may t
appointed under subsection 1 is less than four, the Lieutenar
Governor in Council may increase the total number of membei
that may be appointed and determine the number of membei
that a participating municipality may appoint. A
7. Section 23 of the said Act is amended by adding thereto tl'
following subsection : |
{la) Notwithstanding subsection 1, the approval of tl
Ontario Municipal Board is not required in respect of a projed
that is composed of phases, each of which can be implemente
in any year without a participating municipality being require
to raise funds for a phase other than in the year of implementatic
of the phase, provided that each phase shall be deemed to be
project for the year of its implementation for the pur})os(
of section 24.
8. 27(1) (6).
amended
8.27(l)(e),
amended
8. 27 (1) (/),
amended
s. 27,
amended
Hearing
8.-
Reasons
for
decision
Appeal
(1) Clause b of subsection 1 of section 27 of the said Act j
amended by inserting after "regulating" in the first lir
"or requiring the permission of the authority for".
(2) Clause e of subsection 1 of the said section 27, as re-enacte
by the Statutes of Ontario, 1971, chapter 64, section I
is amended by inserting after "regulating" in the first lir
"or requiring the permission of the authority for".
(3) Clause/ of subsection 1 of the said section 27 is amende
by inserting after "regulating" in the first line "(I
requiring the permission of the authority for".
(4) The said section 27, as amended by the Statutes of Ontari<
1971, chapter 64, section 5, is further amended by addin
thereto the following subsections :
{2a) Before refusing permission required under a regulatio
made under clause b, e or f of subsection 1 , the authority, (
where the power to issue permission has been delegated to ii
executive committee, the executive committee shall hold
hearing to which the applicant shall be a party.
{2b) After holding a hearing under subsection 2a, th
authority or committee, as the case may be, shall give writte
reason for its refusal to the applicant.
(2c) An applicant who has been refused permission ma.]
within thirty days of the receipt of the reasons for the decisioi
appeal to the Minister who may dismiss the appeal or grantjt
permission.
149
Section 7. The new subsection provides that the approval of the
Ontario Municipal Board is not required in respect of a project that is
phased in the manner set out.
Section 8. Hearings and appeals are provided for in cases of refusals
of conservation authorities to give permission for diversions of waters,
filling of areas and construction of buildings or structures.
149
Section 9. Self-explanatory.
Section 10. The Municipal Conflict of Interest Act, 1972 is made
applicable to members of authorities.
149
9. No regulation made under clause b, e or f of subsection 1 of A^s«j?^i\°^
section 27 of The Conservation Authorities Act, or any pre-
decessor thereof, shall be held to be invalid by reason of its
being made before section 8 of this Act comes into force.
10. Section 36 of the said Act is repealed and the following sub-flg^^j^cted
stituted therefor :
36. The Municipal Conflict of Interest Act, 1972 applies coi^^^^t^^^
mutatis mutandis to a member of a conservation authority. 1972, c. 142
11. This Act comes into force on the day it receives Royal Assent, ^"nr^'^^^"
12. This Act may be cited as The Conservation Authorities Amend-^^^'^^^^^'^^
ment Act, 1973.
149
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BILL 149
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Conservation Authorities Act
The Hon. L. Bernier
Minister of Natural Resources
TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario
BILL 149 1973
An Act to amend The Conservation Authorities Act
HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
ollows :
1. Subsection 2 of section 3 of The Conservation Authorities ^d,8-3(2),
being chapter 78 of the Revised Statutes of Ontario, 1970, is
repealed and the following substituted therefor :
over
which
(2) Where a municipality is only partly within the watershed, ^®*
the Lieutenant Governor in Council may include the whole or^^^^ority
that part of the municipality in the area over which the diction
authority has jurisdiction.
2. Clause c of subsection 4 of section 5 of the said Act, as re-enacted ^g^^\^^^'
by the Statutes of Ontario, 1971, chapter 64, section 2, is
repealed.
3. — (1) Clause a of subsection 2 of section 7 of the said Act is |-^^n^</°^'
amended by striking out "and designate any group of
municipalities that shall be considered as one municipality
for the purpose of appointing a member or members to the
Authority" in the third, fourth, fifth and sixth lines.
(2) Clause h of subsection 2 of the said section 7 is repealed. repealed^'
4. The said Act is amended by adding thereto the following section : l^'^'cted
la. The Lieutenant Governor in Council may designate any^^rouping
group of municipalities that shall be considered as onepaiities
municipality for the purpose of appointing a member or
members to a conservation authority and provide for the
appointment of the member or members to be appointed by a
group of municipalities.
5. Section 11 of the said Act is amended by striking out "8" in thesn. , ,
, ..,. If ,tr\yj amendea
fourteenth Ime and mserting m lieu thereof 9 .
6. Section 13 of the said Act is amended by adding thereto the|J^3,^^g^
following subsection :
149
Idem
s. 23,
amended
Exception
I
(la) Where the total number of members that may be
appointed under subsection 1 is less than four, the Lieutenant
Governor in Council may increase the total number of members
that may be appointed and determine the number of membere
that a participating municipality may appoint. M
7. Section 23 of the said Act is amended by adding thereto the
following subsection :
(la) Notwithstanding subsection 1, the approval of the
Ontario Municipal Board is not required in respect of a project
that is composed of phases, each of which can be implemented
in any year without a participating municipality being required
to raise funds for a phase other than in the year of implementation
of the phase, provided that each phase shall be deemed to be a
project for the year of its implementation for the purposes
of section 24.
8. 27(1) (6),
amended
s.27(l)(e),
amended
8. 27 (1) (/),
amended
8.27,
amended
Hearing
Reasons
for
decision
Appeal
8. — (1) Clause b of subsection 1 of section 27 of the said Act is
amended by inserting after "regulating" in the first line
"or requiring the permission of the authority for".
(2) Clause e of subsection 1 of the said section 27, as re-enacted
by the Statutes of Ontario, 1971, chapter 64, section 5,
is amended by inserting after "regulating" in the first line
"or requiring the permission of the authority for".
(3) Clause /of subsection 1 of the said section 27 is amended
by inserting after "regulating" in the first line "or
requiring the permission of the authority for".
(4) The said section 27, as amended by the Statutes of Ontario,
1971, chapter 64, section 5, is further amended by adding
thereto the following subsections :
{2a) Before refusing permission required under a regulation!
made under clause b, e or /of subsection 1, the authority, oi
where the power to issue permission has been delegated to its!
executive committee, the executive committee shall hold a
hearing to which the applicant shall be a party.
{2b) After holding a hearing under subsection 2a, thfj
authority or committee, as the case may be, shall give writteri
reasons for its refusal to the applicant.
(2 c) An applicant who has been refused permission may
within thirty days of the receipt of the reasons for the decision j
appeal to the Minister who may dismiss the appeal or grant thtl
permission.
149
9. No regulation made under clause b, e or f of subsection 1 of i^v^^^fty^
section 27 of The Conservation Authorities Act, or any pre-
decessor thereof, shall be held to be invalid by reason of its
being made before section 8 of this Act comes into force.
10. Section 36 of the said Act is repealed and the following sub- ^3^^^^^^^.^^^
stituted therefor :
36. The Municipal Conflict of Interest Act, 1972 applies coi^^ia
mutatis mutandis to a member of a conservation authority. 1972. c. 142
11. This Act comes into force on the day it receives Royal Assent. m°e^t^^°''*
12. This Act may be cited as The Conservation Authorities Amend-^'^°^^'^^'^^
ment Act, 1973.
149
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BILL 150 Private Member's Bill
3rd Session, 29th Legislature, Ontario
22 Elizabeth II, 1973
An Act to amend The Planning Act
Mr. Braithwaite
TORONTO
Printed and Published by the Queen's Printer and Publisher
Explanatory Note
The purpose of the Bill is to provide for increased citizen participation
in the planning system.
150
BILL 150 1973
An Act to amend The Planning Act
TTER MAJESTY, by and with the advice and consent of the
-i- -i- Legislative Assembly of the Province of Ontario, enacts as
follows :
1. Subsection 2 of section 12 of The Planning Act, being chapters^i2^|);
349 of the Revised Statutes of Ontario, 1970, is repealed and
the following substituted therefor :
(2) No plan shall be recommended for adoption unless, men°dation
of plan
{a) it is approved by a vote of the majority of all the
members of the planning board; and
{h) a public hearing for the purpose of inquiring into the
merits of the plan and of hearing any objections
to the plan is held.
2. Section 15 of the said Act is amended by adding thereto the^i^,
c ,, ■ , . JO amended
toUowmg subsection:
(3) Where part of a plan is referred to the Municipal Board j^^j[>^^?^
under subsection 1, before giving its approval, the Municipal
Board shall hold a public hearing for the purpose of inquiring
into the merits of that part of the plan and of hearing any
objections to that part of the plan.
3. Section 17 of the said Act is amended by adding thereto the l-^'^-^^^^^
following subsections:
(6) Where the Minister requires a report of the planning^^^j?^
board under subsection 2 or 4, the planning board shall hold
a public hearing for the purpose of inquiring into the merits
of the amendment, repeal or proposal, as the case may be,
and of hearing any objections to the amendment, repeal or
proposal, as the case may be.
(7) Where the Minister refers a proposal to the Municipal i^em
Board or a public authority under subsection 4, the Muni-
150
s. 22,
amended
Report of
planning
board and
public
hearing
cipal Board or the public authority, as the case may be, shall
hold a public hearing for the purpose of inquiring into the
merits of the proposal and of hearing any objections to the
proposal. I
4. Section 22 of the said Act is amended by adding thereto the
following subsections:
(2a) Before giving his approval under subsection 2, the
Minister shall, after the planning board has held public hear-
ings for the purpose of inquiring into the merits of the designa-
tion and of hearing any objections to the designation, require
that a report of the planning board be obtained in respect of
the designation.
Report of
planning
board and
public
hearing
Commence-
ment
Short title
{7a) Before giving its approval under subsection 7, the
Municipal Board may, after the planning board has held public
hearings for the purpose of inquiring into the merits of the
amendment and of hearing any objections to the amendment,
require that a report of the planning board be obtained in
respect of the- amendment.
5. This Act comes into force on the day it receives Royal Assent.
6. This Act may be cited as The Planning Amendment Act, 1973.
150
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