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'C^ TORONTO ^

No. 60

1st Session, 18th Legislature, Ontario
20 George V, 1930

(b. ^^°^'*'

BILL

An Act to amend The Assessment Act.

Mr. Finlayson

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 60.

1930.

BILL

An Act to amend The Assessment Act.

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

Rc!^238?*^*' ^- -^^^ Assessment Act is amended by adding the following
■amended. as section 15a.*

Easements and Land Used as Lanes.

Assessment

easements.

Lanes used
as right-of-
way.

15a. — (1) Where an easement is appurtenant to any
land it shall be assessed in connection with and as
part of such land at the added value it gives to such
land as the dominant tenement, and the assessment
of the land which as the servient tenement, is subject
to the easement shall be reduced accordingly.

(2) Where land is laid out and used as a lane and is
subject to such rights-of-way as prevent any bene-
ficial use of it by the owner it shall not be assessed
separately, but its value shall be apportioned among
the various parcels to which the right-of-way is
appurtenant and shall be included in the assessment
of such parcels. In such cases the assessor shall
return the land so used as "Lane not assessed."

Sale for
taxes of
dominant
and servient
tenement.

Re.strictive
covenant.

(3) Where a dominant tenement is sold for arrears of
taxes the easements appurtenant thereto shall pass
to the purchaser and where a servient tenement is
sold for arrears of taxes the sale shall not affect
any easement to which it is subject.

(4) A restrictive covenant running with the land shall
be deemed to be an easement within the meaning
of this section.

EXPLANATORY NOTE.

The object of this Bill is to remove doubts as to the assessment of
easements and the efTect on easements of a sale of land for taxes.

In our own courts it has been held that the sale of a servient tenement
for taxes abolishes the easement to which it is subject, while in some of the
western provinces the opposite has been held.

Under the Bill an easement is to be assessed as part of the dominant
tenement at the added value it gives to it, and the assessment of the
servient tenement is to be decreased.

The Bill settles that the sale for taxes of a dominant tenement carries
with it the easement, and the sale of a servient tenement is subject to the
easement.

The second part of the Bill relating to a lane used as a right-of-way
in connection with several parcels of land is rendered necessary by a
number of cases of the sale for taxes erf such a lane, resulting in the
extinguishment of the rights-of-way, of adjoining owners.

Such a lane is not to be separately assessed but its value is to be
apportioned and assessed in connection with the various parcels entitled
to the user of it. ' '

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No. 60

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Assessment Act.

Mr. Finlayson

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 60.

1930.

BILL

An Act to amend The Assessment Act.

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

^^238^^^*" ^- -^^^ Assessment Act is amended by adding the following
amended. as section 15a;

Easements and Land Used as Lanes.

Assessment

easements.

Lanes used
as right-of-
way.

Sale for
taxes of
dominant
and servient
tenement.

Restrictive
covenant.

(4) A restrictive covenant running with the land shall
be deemed to be an easement within the meaning
of this section.

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No. 61

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Local Improvement Act.

Mr. McBrien

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 61. ^ 1930.

BILL

An Act to amend The Local Improvement Act.

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

Rev. stat.^ 1. Section 27a of The Local Improvement Act is amended
amended, '"'by inserting the word "grading" after the word "extension"
in the second line of the said section.

Explanatory Note.

Under the law as it stands where the local improvement work is the
openmg, widenmg, extension or paving of a lane and the council thinks
that any lot abuttmg on the work is not benefited by it, or is not benefited
to the same extent as other lots it may exempt such lot or make a reduction
in the special assessment.

The Bill seeks to have this power extended to the grading of a lane

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No. 61

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Local Improvement Act.

Mr. McBrien

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 61.

1930.

BILL

An Act to amend The Local Improvement Act.

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

Rev. Stat., 1. Section 27a of The Local Improvement Act is amended
amended^^**' by inserting the word "grading" after the word "extension"
in the second line of the said section.

Rev. Stat,
o. 235,
amended.

2. The Local Improvement Act is amended by adding thereto
the following section :

Time special
or general
rate may be
levied.

48a. Any special or general rate imposed by a by-law
providing for the issue of debentures to pay for the
cost or part of the cost of a work undertaken under
this Act may be levied by the council as soon as the
by-law is passed, and no such rate heretofore or
hereafter levied shall be held to be illegal by reason
of the debentures in respect to which the rate is
'levied, or any of same, not having been issued at
the time of levying such rate.

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No. 62

1st Session, 18th Legislature, Ontario

20 GEORGE V, 1930

BILL

An Act to amend The Mothers' Allowances Act.

Mr. Godfrey

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 62.

1930.

BILL

An Act to amend The Mothers' Allowances Act.

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

Short title.

1. This Act may be cited as The Mothers' Allowances Act,
1930.

Rev. Stat.
c. 280,
amended.

2. The Mothers' Allowances Act is amended by adding
thereto the following sections:

Secretary,
may admin-
ister oath.

8a. The secretary of every local mothers' allowances
board shall for the purpose of the administration
of this Act have power to take declarations and
affidavits and to receive evidence under oath in
the same manner and to the same extent as ' a
commissioner for taking affidavits.

Burlington
Beach Com-
mission.

8&. For the purposes of this Act the territory known
as "Burlington Beach" shall be a separate muni-
cipality and the Burlington Beach Commission shall
have the powers and perform the duties conferred
and imposed upon the local board by or under the
authority of this Act.

Rev. Stat.
c. 280,
a mended.

3. The Mothers' Allowances Act is further amended by
adding thereto the following section:

Validity
of appoint-
ments.

Commence-
ment of
Act.

10. To remove doubts it is declared that a member of
the council of any municipality may be appointed
a member of the local board and that any such
appointment heretofore or hereafter made shall not
disqualify him from being a member of the council.

4.- This Act shall come into force on the day upon which
it receives the Royal Assent.

Explanatory Notes.

Section 2. Section 8a, added by this section, does away with the in-
convenience of sending persons out to swear affidavits by allowing the
secretary of the board to take these and any other declarations required.
Section 8b, also added by this section, is necessary because Burlington
Beach is separated from the Township of Saltfleet and from the County of
Wentworth and is in effect a separate municipality under the adminis-
tration of the Burlington Beach Commission,

Section 3. This speaks for itself and is intended to remove any
doubt as to the effect of appointment to a local mothers 'allowances board
on a member's qualification to sit in a municipal council.

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No. 62

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Mothers' Allowances Act.

Mr. Godfrey

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 62.

1930.

BILL

An Act to amend The Mothers' Allowances Act.

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

Short title. ;|^ Tj^jg ^^^ jjj^y i^g (,j^g^ ^g j^^g Mothers' Allowances Act,
1930.

Rev. Stat.,
c. 280,
amended.

2. The Mothers' Allowances Act is amended by adding
thereto the following sections :

Secretary,
may admin-
ister oath.

Burlington
Beach Com-
mission.

86. For the purposes of this Act the territory known
'Burlington Beach" shall be a separate muni-

cipality and the Burlington Beach Commission shall
have the powers and perform the duties conferred
and imposed upon the local board by or under the
authority of this Act.

Rev. Stat.,
c. 280,
a mended.

Validity
of appoint-
ments.

Commence-
ment of
Act.

3. The Mothers' Allowances Act is further amended by
adding thereto the following section :

4. This Act shall come into force on the day upon which
it receives the Royal Assent.

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No. 63

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Municipal Act.

Mr. Tweed

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 63. 1930.

BILL

An Act to amend The Municipal Act.

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

?^2Ts3^l^396 ^- Paragarph 31 of section 396 of The Municipal Act as
a9^9 ^c 58 amended by section 5 of The Municipal Amendment Act, 1929,
l„?Ll 1 i^ further amended by adding at the end thereof the following:
"The councils of any two or more municipalities may enter
into an agreement for the establishment of an air harbour
and the joint exercise of all the powers and rights contained
in this paragraph upon such terms as may be agreed and may
entrust the control and management of any air harbour or
landing ground so established to a commission appointed by
such councils pursuant to agreement."

amended.

Explanatory Note.

Under The Municipal Act all municipalities have power to pass by-laws
for the establishment of air harbours or landing grounds in compliance with
"The Air Regulations, 1920," and for such purpose may acquire land in
the municipality or in an adjacent municipality.

The Bill would authorize two or more municipalities to enter into an
agreement for such purpose and entrust the management to a commission.

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No. 64

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Assessment Act.

Mr. Martin (Brantford)

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 64. 1930.

BILL

An Act to amend The Assessment Act.

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

^2^38^1^*167 ^- Section 167 of The Assessment Act is amended by
amended. adding thereto the following subsection:

fo^repair (^) I^ there are buildings upon the land which are

buildings. uninhabitable or unfit for the purpose for which

they were designed, the purchaser may apply in a
summary way to a judge of the county or district
in which the land is situate, who may make an
order providing for an expenditure in making
repairs to such buildings not to exceed the amount
specified in such order, together with the costs of
obtaining the order, to be fixed therein, and if
an order is made the lands shall be redeemable as
in this Act provided only upon the reimbursement
to the purchaser of such sum as shall have been
expended in accordance with such order, less the
rentals received by the purchaser or an occupation
rent if the purchaser is in occupation.

Explanatory Note.

Under The Assessment Act the purchaser of land at a tax sale on the
receipt of the treasurer's certificate becomes the owner of the land so far
as it is necessary to protect the same from spoliation or waste during the
time within which the land may be redeemed, but is not to permit the
cutting of timber or the injuring of the land.

The object of the Bill is to give the purchaser the right to make repairs
to buildings when necessary if he secures an order from the county court
judge for that purpose. The order limits the amount of the expenditure
and the purchaser is allowed to add the amount expended to the purchase
price of the land after deducting rentals.

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No. 65

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Municipal Act.

Mr. McBrien

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 65. 1930.

BILL

An Act to amend The Municipal Act.

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

^2Ti3!s!4i22, 1- Paragraph 1 of section 422 of The Municipal Act is
amended amended by inserting after the word "sale" in the sixth line,
and also after the word "sale" in the seventh line of the said
paragraph, the words "for present or future delivery."

?Y3#l^4ii ^ Paragraph 2 of section 411 of The Municipal Act is

par. 2, amended by inserting after the word "prohibiting" in the

eighth line thereof the words "the use of land or."

Rev st£,t^,^^ 3. Paragraph 3 of section 411 of The Municipal Act is
par. 3', amended by inserting the words "land or" immediately

before the word "buildings" in the third line thereof.

Exri.ANAioRY Note.

Section 1. The Act gives municipalities power to license, regulate
and govern hawkers and pedlars who go from place to place bearing or
drawing or otherwise carrying goods, wares or merchandise for sale.

The Bill seeks to extend the section to cover sales made for future
delivery as well as to sales for present delivery.

Sections 2 and 3. Under section 411, paragraph 2, cities may pass
by-laws to prohibit the erection or use of buildings for a number of
purposes within defined areas.

The Bill would extend this power to cover the use of land as well as
buildings for such purposes.

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No. 65

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Municipal Act.

TORONTO

Printed by Herbert H. Ball, .

Printer to the King's Most Excellent Majesty

■It ,:'

No. 65. 1930.

BILL

An Act to amend The Municipal Act.

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

Rev. Stat., 1. Paragraph 2 of section 411 of The Municipal Act is
par. 2',^' 'amended by inserting after the word "prohibiting" in the
amended. ^j^j^^j^ jj^^^ thereof the words "the use of land or."

Rev. Stat., 2. Paragraph 3 of section 411 of The Municipal Act is
par. 3'. " 'amended by inserting the words "land or" immediately
amended. ^^^^^^ the word "buildings" in the third line thereof.

Explanatory Note.

Sections 1 and 2. Under section 411, paragraph 2, cities may pass
by-laws to prohibit the erection or use of buildings for a number of
purposes within defined areas.

. JJ}^ ^j" wo"Jd extend this power to cover the use of land as well as
buildings for such purposes.

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No. 66

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Railway Act.

Mr. Tweed

I TORONTO

\ Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 66. 1930.

BILL

An Act to amend The Railway Act.

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

^2^/1^232, ■*■• Section 232 of The Railway Act is amended by adding
amended. thereto the following subsection:

^sses. (6) Any such municipal corporation may maintain and

operate motor-driven busses in conjunction with and
as part of its street railway system.

Explanatory Note.

Section 232 of The Railway Act gives a city or town the power to con-
struct, maintain and operate street railways within its limits so long as it
does not interfere with the rights of a street railway company operating
in the municipality.

The Rill proposes to give to such a city or town the right to operate
motor busses as part of its railway system.

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No. 66

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Railway Act.

Mr, Tweed

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 66. 1930.

BILL

An Act to amend The Railway Act.

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

^224^8^232, ^' Section 232 of The Railway Act is amended by adding
amended. ' thereto the following subsection :

bosses. (6) Any such municipal corporation may maintain and

operate motor-driven busses in conjunction with and
as part of its street railway system but subject to
the provisions of The Public Vehicle Act if such
busses are operated outside the municipality.

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No. 67

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Private Detectives Act.

Mr. Price

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 67.

Rev. Stat.
c. 214,
amended.

1930.

BILL

An Act to amend The Private Detectives Act.

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

Short title, 1. This Act may be cited as The Private Detectives Act, 1930.

Commence-
ment of
Act.

2. The words "Attorney General of Ontario" are sub-
stituted for the words "Treasurer of Ontario," and the words
"Attorney General" are substituted for the word "Treasurer"
wherever such words occur respectively in The Private
Detectives Act.

3. This Act shall come into force on the day upon which
it receives the Royal Assent.

Explanatory Notes.

This amendment is for the purpose of transferring the licensing of
private detective concerns from the Treasury Department to the Depart-
ment of the Attorney General. The latter Department has to approve of
the issue of the license and has actual knowledge of the applicant's
responsibilities.

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No. 67

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Private Detectives Act.

Mr. Price

TORONTO

Printed by Herbert H, Ball,

Printer to the King's Most Excellent Majesty

No. 67.

Rev. Stat.,
c. 214,
amended.

1930.

BILL

An Act to amend The Private Detectives Act.

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

Short title, 1. This Act may be cited as The Private Detectives Act, 1930.

Commence-
ment of
Act.

3. This Act shall come into force on the day upon which
it receives the Royal Assent.

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No. 68

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Fire Marshals Act.

Mr. Price

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 68.

1930.

BILL

An Act to amend The Fire Marshals Act.

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

Short title. 1. This Act may be cited as The Fire Marshals Act, 1930.

Rev. Stat., 2. Section 4 of The Fire Marshals Act is amended by
amended. " adding thereto the following clause:

Powers
of fire

marshal as
to entry and
inspection.

{i) Subject to the regulations, to enter upon, examine
and inspect from time to time hotels, apartment
houses, factories, work shops and other places
where persons reside or are employed in numbers,
and direct such alterations to be made and such
precautions to be taken as he may deem necessary
for the purpose of complying with the provisions
of any statute or regulation made for the better
protection of life and property in such buildings.

Se^t"iff"°^' 3- This Act shall come into force on the day upon which
^^^- it receives the Royal Assent.

Explanatory Note.

The Fire Marshal has some doubt as to his powers with regard to
inspecting certain classes of buildings with a view to the prevention of
accidents by fire. This Bill is intended to-put it beyond doubt that he
may enter and inspect any premises in which a number of persons are
working or living.

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No. 68

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Fire Marshals Act.

Mr. Price

;

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 68.

1930.

BILL

An Act to amend The Fire Marshals Act.

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

Short title. 1. This Act may be cited as The Fire Marshals Act, 1930.

Rev. Stat., 2. Section 4 of The Fire Marshals Act is amended bv

C 295 s 4

amended. ' adding thereto the following clause:

Powers
of Fire
Marshal as
to entry and
inspection.

Commence-
ment of
Act.

3. This Act shall come into force on the day upon which
it receives the Royal Assent.

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No. 69

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Evidence Act.

Mr. Price

TORONTO

Printed BY Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 69.

1930.

BILL

An Act to amend The Evidence Act.

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

Short title. 1, This Act may be cited as The Evidence Act, 1930.

Rev. Stat.
c. 107, s. :
amended.

Taking
affidavits
out of
Ontario for
use in
Ontario
courts.

2. Section 37 of The Evidence Act is amended by striking
out the clauses lettered a to/ therein and substituting therefor
the following:

(a) In England or Northern Ireland before a commis-
sioner authorized to administer oaths in the Supreme
Court of Judicature;

(6) In England or Northern Ireland before a judge of
the Supreme Court of Judicature;

{d) In England, Scotland or Northern Ireland before a
judge of a county court within his county;

{e) In the Irish Free State before a commissioner author-
ized to administer oaths in the courts of justice of
the Irish Free State, or before a judge of the Supreme
Court of Justice of the Irish Free State, or before a
judge of the High Court of Justice of the Irish Free
State, or before a judge of the Circuit Court of
Justice of the Irish Free State within his circuit;

(/) In Great Britain or Northern Ireland or in the Irish
Free State, or in any dominion or colony of His
Majesty, or in any foreign country before the mayor
or chief magistrate of any city, borough or town
corporate, certified under the common seal of such
city, borough or town corporate;

Explanatory Note.

Since the establishment of the Irish Free State there has been no
change in The Evidence Act to make the necessary alterations in the names
ot the Irish Courts and moreover, there is no reference in the old section
to Dominions. It has been thought advisable to provide expressly
tor these matters. ' '

(//) In any colony belonging to the Crown of Great
Britain or any dependency thereof, or in any foreign
country, before a judge of any court of record of
supreme jurisdiction.

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

ment of . , , . j r-

Act. It receives the Royal Assent.

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No. 69

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Evidence Act.

Mr. Price

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 69.

1930,

BILL

An Act to amend The Evidence Act.

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

Short title. 1. This Act may be cited as The Evidence Act, 1930.

?Y67^*I;*37, ^- Section 37 of The Evidence Act is amended by striking
amended. out the clauses lettered a to/ therein and substituting therefor
the following :

Taking
affidavits
out of
Ontario for
use in
Ontario
courts.

(o) In England or Northern Ireland before a commis-
sioner authorized to administer oaths in the Supreme
Court of Judicature;

(6) In England or Northern Ireland before a judge of
the Supreme Court of Judicature;

{d) In England, Scotland or Northern Ireland before a
judge of a county court within his county;

(e) In the Irish Free State before a commissioner author-
ized to administer oaths in the courts of justice of
the Irish Free State, or before a judge of the Supreme
Court of Justice of the Irish Free State, or before a
judge of the High Court of Justice of the Irish Free
State, or before a judge of the Circuit Court of
Justice of the Irish Free State within his circuit;

(//) In any colony belonging to the Crown of Great
Britain or any dependency thereof, or in any foreign
country, before a judge of any court of record of
supreme jurisdiction.

3. This Act shall come into force on the day upon which commence-
it'^receives the Royal Assent. ^°^-

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No. 70

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Dependants' Relief Act, 1929.

Mr. Price.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 70.

1930.

BILL

An Act to amend The Dependants' Relief Act, 1929.

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

Short title.

1929, c. 47,
s. 2,
amended.

'Testator."

'Will.'

1. This Act may be cited as The Dependants' Relief Act,
1930.

2. Section 2 of The Dependants' Relief Act, 1929, is amended
by adding thereto the following clauses:

(e) 'Testator" shall mean and include a person who by
deed or will or by any other instrument or act so
disposes of real or personal property, or any interest
therein, that the same will pass at his death to some
other person ;

(/) "Will" shall mean and include any deed, will, codicil,
instrument or other act by which a testator so
disposes of real or personal property that the same
will pass at his death to some other person.

1929, c. 47,
s. 5, subs. 2,
amended.

3. Subsection 2 of section 5 of The Dependants' Relief Act,
1929, is amended by adding at the end thereof the following
words "but the judge, if he deems it just, may allow an
extension of the said period of three months as to any portion
of the estate remaining undistributed at the date of the
application," so that the subsection will now read as follows:

When
application
to be made.

(2) Where letters probate are applied for by the wife or
husband of the testator or a guardian on behalf of
minor dependants, an application under this section
for an allowance for such wife or husband, or for
such minor dependants shall be made at the time of
applying for letters probate and in every other case
the application shall be made within three months
after the death of the testator, but the judge, if he
deems it just, may allow an extension of the said

Explanatory Notes.

Section 2. This alters the definition of "testator" so as to include
anyone who has made a settlement to take effect on his death and the
definition of "will" so as to include any such settlement. It has been
pointed out that there is nothing in the Act as it stands to prevent a
testator defeating the same by settling his property m such a way that
the income therefrom will be enjoyed by him during his lifetime and pass
on his death to someone else without reference to his duty to his
dependants.

Section 3. This provides for the extension of the time for making
application for an order while part of the estate remains undistributed.
There does not appear to be any good reason why this should not be done.

period of three months as to any portion of the
estate remaining undistributed at the date of the
application.

Commence- 4. This Act shall come into force on the day upon which
Act. it receives the Royal Assent.

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No. 70

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Dependants' Relief Act, 1929.

Mr. Price.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 70.

1930.

BILL

47,

An Act to amend The Dependants' Relief Act, 1929.

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

Short title. \^ This Act may be cited as The Dependants' Relief Act,
1930.

2. Section 2 of The Dependants' Relief Act, 1929, is amended
by adding thereto the following clauses:

{e) "Testator" shall mean and include a person who by
deed or will or by any other instrument or act so
disposes of real or personal property, or any interest
therein, that the same will pass at his death to some
other person;

■Will." (/) "Will" shall mean and include any deed, will, codicil,

instrument or other act by which a testator so
disposes of real or personal property that the same
will pass at his death to some other person.

1929
S. 2,
amended.

'Testator."

1929, c. 47,
s. 5, subs. 2,
amended.

When
application
to be made.

period of three months as to any portion of the
estate remaining undistributed at the date of the
application.

4. This Act shall come into force on the day upon which commence-
it receives the Royal Assent. ^°^-

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No. 71

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Judicature Act.

Mr. Price

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 71.

1930.

BILL

An Act to amend The Judicature Act.

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

Short title, 1. This Act may be cited as The Judicature Act, 1930.

Rev. Stat.,
c. 88. s. 73,
subs. 1,
amended.

Physical ex-
amination of
party by
medical
practitioner.

2. — (1) Subsection 1 of section 73 of The Judicature Act
is amended by striking out all the words after the word
"practitioner" in the eighth and ninth lines and inserting in
lieu thereof the words "or by more than one duly qualified
medical practitioner but no medical practitioner shall be
appointed to make such examination who is a witness on
either side," and by adding at the end of the said subsection
the following clause:

{a) The court, judge or other person may make such
order respecting the examination and the costs
thereof as may be deemed proper;

so that the subsection will now read as follows:

(1) In any action or proceeding for the recovery of
damages or other compensation for or in respect
of bodily injury sustained by any person, the court
which, or the judge, or the person who by consent
of parties, or otherwise, has power to fix the amount
of such damages or compensation, may order that
the person in respect of whose injury, damages or
compensation are sought shall submit himself to a
physical examination by a duly qualified medical
practitioner or by more than one duly qualified
medical practitioner, but no medical practitioner
shall be appointed to make such examination who is
a witness on either side.

(a) The court, judge or other person may make
such order respecting the examination and
the costs thereof as may be deemed proper.

Explanatory Note.

This Bill is intended to make it plain that more than one medical
examination of a plaintiff may be ordered in an action for personal injury.

The judges have been in the habit of ordering special extra examina-
tions where they deem this necessary and it is thought desirable to give
the power expressly as the Act apparently does not contemplate more
than one examination.

c! 88 s* 73' (2) Subsection 2 of the said section 73 is amended by
subs. 2 striking out the word "The" at the commencement thereof

amended. ...... . , ,,„

and msertmg m heu thereof the words Every such so that
the subsection will now read as follows:

practmoner (2) Every such medical practitioner shall be selected

by^udge*and ^^ *^^ court, judge or person making the order,

™.ay be and may afterwards be a witness on the trial unless

witness. ■' . 1 r 1 I •

the court, judge or person before whom the action
or proceeding is tried otherwise directs.

Commence- 3, This Act shall come into force on the day upon which

ment of . . j ^

Ac. it receives the Royal Assent.

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No. 71

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Judicature Act.

Mr. Price

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 71.

1930.

BILL

An Act to amend The Judicature Act.

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

Short title, 1. This Act may be cited as The Judicature Act, 1930.

Rev. Stat.,
c. 88. s. 73,
subs. 1,
amended.

(a) The court, judge or other person may order the second
examination or further examinations upon such terms
as to costs as may be deemed proper.

so that the subsection will now read as follows:

Physical ex-
amination of
party by
medical
practitioner.

(a) The court, judge or other person may order the second
examination or further examinations upon such
terms as to costs as may be deemed proper.

(2) Subsection 2 of the said section 73 is amended byc.ss.s ts!
striking out tlie word "The" at the commencement thereof |^b|-^-d.
and inserting in lieu thereof the words "Every such" so that
the subsection will now read as follows:

(2) Every such medical practitioner shall be selected p^racjmoner^
by the court, judge or person making the order, ^y judge and
and may afterwards be a witness on the trial unless ^j^y^^e
the court, judge or person before whom the action
or proceeding is tried otherwise directs.

3. This Act shall come into force on the day upon which commence-
it receives the Royal Assent.

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No. 72

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Municipal Act.

Mr. Tweed.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 72. 1930.

BILL

An Act to amend The Municipal Act.

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

0^233^8^65 ^' Subsection 4 of section 65 of The Municipal Act is
subs. 4, ' amended by striking out the words "town or village" in the

amended. -^ .... , ^ i ^ n ■

nrst hne and msertmg m heu thereoi the words city, town,
township or village," so that the subsection will now read as
follows:

towiis!^town- (4) The council of a city, town, township or village may

vmages'!^ by by-law provide that the meeting for the nomina-

tion of all candidates may be held at half-past seven
o'clock in the afternoon and any such by-law shall
remain in force from year to year until it is repealed.

c^2^'3^s^422 '^- The clause lettered e in paragraph 1 of section 422 of
para.'i,ci. e, ffig Municipal Act is amended by inserting after the word
"eyeglasses" in the seventh line the words "chinaware, glass-
ware, earthenware, semi-porcelain and vitrified products."

SeKI''^'^^' 3, This Act shall come into force on the day upon which
Act. j^ receives the Royal Assent.

Explanatory Note.

Section 1. This provides that nominations in all municipalities
may be held at half-past seven o'clock in the afternoon. At present they
may be held at that hour only in towns and villages.

Section 2. Under section 422 of the Act, which gives municipalities
power to license hawkers and pedlars, hawker is defined as including
persons who sell tea, coflfee, carpets and a number of other named articles.

The Bill asks that chinaware, glassware, etc. be included among these
articles.

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No. 72

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Municipal Act.

Mr. Tweed.

TORONTO

Printed by Herbert H. Ball,
Printer to the King's Most Excellent Majesty

No. 72.

1930.

BILL

An Act to amend The Municipal Act.

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

1. Subsection 4 of section 65 of The Municipal Act is
amended by striking out the words "town or village" in the
first line and inserting in lieu thereof the words "city, town,
township or village," so that the subsection will now read as
follows:

(4) The council of a city, town, township or village may
by by-law provide that the meeting for the nomina-
tion of all candidates may be held at half-past seven
o'clock in the afternoon and any such by-law shall
remain in force from year to year until it is repealed.

Commence- 2. This Act shall come into force on the day upon which

ment of

Act. it receives the Royal Assent.

Rev. Stat.,
o. 233, s. 65,
subs. 4,
amended.

In cities,
towns, town-
ships and
villages.

; I

Explanatory Note.

Section 1. This provides that nominations in all municipalities
may be held at. half-past seven o'clock in the afternoon. At present they
may be held at that hour only in towns and villages.

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No. 73

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Municipal Act.

Mr. Mahony.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 73. 1930

BILL

An Act to amend The Municipal Act.

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

^®23"3^s^297 ^' Section 297 of The Municipal Act is amended by adding
amended. thereto the following subsection:

(la) Where a corporation gives a premium note for
insurance it shall not be deemed to be incurring a
debt, the payment of which is not provided for in
the estimates for the current year, as provided by
subsection 1.

Explanatory Note.

Under section 297 the council is not to incur any debt which is not
provided for in the estimates for the current year unless a by-law authoriz-
ing it has been passed with the assent of the electors.

The object of the Bill is to provide that the premium note for insurance,
although it is a liability extending beyond the current year does not
come within this section.

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No. 74

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act respecting Burlington Beach.

Mr. Finlayson

TORONTO

PjiiNTED BY Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 74. 1930.

BILL

Short title.

An Act respecting Burlington Beach.

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

1 . This Act may be cited as The Burlington Beach Act, 1930.

Beach^*^'^ 2. The corporation heretofore known as the "Burlington
Commission. Beach Commission," hereinafter called the "Commission," is
continued and shall consist of not less than two persons,
who shall be appointed from time to time by the Lieutenant-
Governor in Council and shall hold office during pleasure.
R.S.O. 1927, c. 83, s. 1, (1), (2).

BurUngton 3. All those parcels or tracts of land and premises known
Beach. ^g portions of Burlington Beach in the Township of Saltfleet,

as shown and coloured red on parts of a plan of survey by
Thomas C. Brown John, P.L.S., dated Hamilton, September
25th, 1874, of record in the Department of Lands and Forests,
which are abutted and bounded as follows: —

First. Commencing at the point A as shown on the
plan in the southern limit of the County of Halton ; thence
easterly along that limit to the easterly shore of the Beach
at the point B as shown on the plan; thence southerly along
the said Beach to the point C as shown on the plan at the
intersection of the northerly limit of the Burlington Canal
Reserve; thence westerly along the northerly limit of
the Reserve to the westerly shore of the Beach at the
point D as shown on the plan; thence northerly along the
Beach to the point A as shown on the plan, the place of
beginning;

Second. Commencing at the point E on the plan in the
southern limit of the Burlington Canal Reserve; thence
easterly along that limit to the easterly shore of the Beach
at the point F as shown on the plan; thence southerly
along the Beach to the point G as shown on the plan, being

Explanatory Notes.

The present arrangement of this Act is misleading. The sections
have now been arranged in more logical order.

Section 2. This is taken from subsections 1 and 2 of the present
section 1 and makes no change in the law.

Section 3. This is a description of Burlington Beach.

the point of intersection with the north side' of the road
between lots Nos. 28 and 29 in the 1st concession of the
Township of Saltfleet, produced easterly' to the Beach;
thence westerly along the northerly side of that road
produced to the westerly shore of the Beach at the point
H as shown on the plan; thence northerly along the said
Beach to the point E as shown on the plan, the place of
beginning;

Third. The Burlington Canal Reserve;

Fourth. The promontory extending into Burlington
Bay from the Beach, which is not coloured red on the plan,
and which promontory extends from a point a little north
of the northerly boundary of the lands granted to Frank E.
Walker by letters patent dated 18th May, 1896, southerly
to a point opposite the lands granted to James Crooks by
letters patent dated 7th April, 1897;

Fifth. Lands under the waters of Burlington Bay and
Lake Ontario adjoining the Beach which may be required
for water lots and kindred purposes in which the fee is
vested in the Crown ;

shall continue to be known as "Burlington Beach" and for
the purposes of this Act shall be subject to the government of
the Commission. R.S.O. 1927, c. 83, s. 2.

frora'^^own- ^- — (1) Burlington Beach shall be deemed to be separated
ship and from and shall not form part of the Township of Saltfleet or

county. . .

the County of Wentworth for municipal or school purposes.
R.S.O. 1927, c. 83, s. 24 (1), part.

Pa.rt of

county for (2) For judicial purposes Burlington Beach shall be and
purp'oses. shall remain a portion of the County of Wentworth and not-
Annual withstanding anything in The Municipal Act contained, the
county^* *° Commission shall pay annually on or before the 1st day of
December, the sum of $250 to the corporation of the County
of Wentworth in full satisfaction of all liability to the county.
R.S.O. 1927, c. 83, s. 24 (1), (4).

Assembi^ *° ^' ^°^ purposes of elections to the Assembly, Burlington
Beach shall be and remain a portion of the Township of
Saltfleet, and all persons in Burlington Beach possessing the
necessary qualifications shall be entitled to be placed on the
voters' lists of that township; and for such purposes the
Commission shall annually before the 15th day of July prepare
and furnish to the clerk of the township a list of persons so
qualified, and, for the information of the clerk, shall furnish

Section 4. This is made up from subsections 1 and 4 of the present
section 24 and makes no change in the law.

Sections 5, 6, 7, 8, 9. The same as the present sections 27, 3, 4, 5 and
6, respectively.

Rev. Stat.

all particulars required in preparing his lists under The
Voters' Lists Act. R.S.O. 1927, c. 83, s. 27.

Enquiry as
to existing
franchises,
leases, etc.

6. It shall be the duty of the Commission and it shall
have power to enquire into and ascertain the facts concerning
all franchise agreements, all sub-leases, all portions of
Burlington Beach held under sub-leases from the corporation
of the City of Hamilton or otherwise, the names of the persons
holding the same, the amounts of rents reserved, or other
payments provided for in the same, the terms and conditions
under whrch such agreements and sub-leases are made, and
all other particulars in connection with the same. R.S.O
1927, c. 83, s. 3.

Opiiection 7. The Commission shall have power to demand, collect

of arrears i • r • • r i i j

of rents, etc. and receive from any person m occupation or use oi the lanas
in Burlington Beach under any such agreement or sub-lease
any money due and unpaid for rent or otherwise, in respect
thereof. R.S.O. 1927, c. 83, s. 4.

Report on
proposed
sales, leases,
etc.

8. The Commission shall, after making such inquiries,
report to the Lieutenant-Governor in Council all facts in
connection therewith, and shall make such recommendation
to the Lieutenant-Governor in Council as to the terms and
conditions upon which any land should be leased, sold or
otherwise disposed of and any rights, privileges or franchises
should be granted to the occupants or to other persons as to
the Commission may seem just and proper under the circum-
stances of each case. R.S.O. 1927, c. 83, s. 5.

etc.

^s^to^**^^'^^ 9. The Commission, subject to such regulations as may
salves, leases, be approved by the Lieutenant-Governor in Council, may
make such dispositions by agreement, lease, sale or otherwise
as may be approved by the Lieutenant-Governor in Council.
R.S.O. 1927, c. 83, s. 6.

Chairman.

Secretary.

10. — (1) The Commissioners shall at the first meeting of
the Commission in each year elect one of their number as
chairman and shall appoint a secretary who for the purposes
of this Act shall possess all the rights and powers and perform
all the duties that pertain respectively to the offices of clerk
and treasurer of a city. R.S.O. 1927, c. 83, s. 1 (3). Amended.

Other

officers.

Rev. Stat.
cc. 238, 7.

(2) The Commissioners shall by by-law appoint an assessor
or assessors, or assessment commissioner, and collectors of
rates and taxes who shall have and perform all the powers and
duties provided for in The Assessment Act and The Voters'
Lists Act in the case of clerks, assessors and collectors for the
collection of all money due from the owners or occupants of

Section 10 (1). This is the same as subsection 3 of the present
section 1 and makes no change except to make the secretary of the Com-
mission treasurer as well as clerk.

(2) This provides expressly for the appointment of the necessary officers
to carry out The Municipal and Assessment Acts.

any lands in Burlington Beach. Neiv. (See R.S.O. 1927
c. 83, s. 19 (1).

fa^bour^ (^) Subsection 1 of section 2 of The Statute Labour Act

0^^239^*^*' shall apply mutatis mutandis to Burlington Beach and to the

Commission in the same manner and to the same extent as

to a city and to the council thereof. R.S.O. 1927, c. 83, s.

19 (2).

t^'^ue against H- No action shall be brought against the Commissioners
withou^t^'^^ personally for anything done or omitted to be done under this
consent of Act without the authority of the Lieutenant-Governor in
^''^''' Council. R.S.O. 1927, c. 83, s. 23.

account. 12. — (1) The Commission shall cause books to be provided

and true and accurate accounts to be entered therein of all
sums of money received and paid out and of the several
purposes for which the same were received and paid out ; and
such books shall be at all times open to the inspection of the
Treasurer of Ontario and of any person appointed by him, or
by the Lieutenant-Governor in Council, or by a majority of
the ratepayers in Burlington Beach for such purposes, and
any such person may take copies or extracts from such books.

^fPRev!'st°a"t. (2) Sections 10, 30, 32 and Z3 of The Audit Act shall apply
^- ^^- to the accounts of the Commissioners in respect of receipts

and expenditures.

Publication (3) \ summary of the receipts and expenditures shall be

of summary. ,,. , , ,, . 1 i-V 1 • 1 /-• r

published annually m a newspaper published in the City 01
Hamilton. R.S.O. 1927, c. 83, s. 21.

Annual 13. The Commission shall on or before the 1st day o^

Cnnvn ° December in each year report to the Lieutenant-Governor in
Council the receipts and expenditures of the year and such
other matters as may appear to it to be of public interest in
relation to the government of Burlington Beach, or to any-
thing arising out of this Act, and shall in all cases supply to
the Lieutenant-Governor in Council such information relating
thereto as he may direct. R.S.O. 1927, c. 83, s. 22.

Collection of 14. The Commission shall collect all rents, taxes or other
money accruing due in respect of lands in Burlington Beach
and may expend so much of the money received therefrom as
may in its opinion seem necessary or expedient in beautifying
or otherwise improving the same as a park and place of public
resort or for any other purpose authorized by this Act.
R.S.O. 1927, c. 83, s. 7. Part.

(3) This is the same as subsection 2 of the present section 19.

Sections 11, 12, 13. The same as the present sections 23, 21 and 22,
respectively.

Section 14. This is the same as the present section 7 with some slight
change in the wording and omitting the provision for the payment over
of any surplus at the end of each financial year to the Treasurer of Ontario.
This has never been done and there does not appear to be any good
reason for continuing the provision.

commlssfon ^^- Subject to any general or special regulation made with

coun^ii^or respect to the governrrient of Burlington Beach and subject,

board of in the case of any by-law passed by the Commission, to the

poiic© • .

commis- approval of the Lieutenant-Governor in Council, the Commis-
sioners.

Rev. Stat.

sion shall have and may exercise within the limits of Burlington
Beach all powers and perform the duties conferred and im-
233. posed by The Municipal Act on the council or on the board of

commissioners of police in a city having a population of not
less than 100,000, and may from time to time pass by-laws
for the appointment of constables and making regulations as
to police and for licensing and regulating or prohibiting any
trade or calling, and for fixing license fees, and generally for
the good government of Burlington Beach in the same manner
and to the same extent as any such council or board of com-
missioners of police. New. (See R.S.O. 1927, c. 83, s. 9.)

Debentures.

16. — (1) The Commission, with the approval of the
Lieutenant-Governor in Council may from time to time pass
by-laws for contracting debts and for issuing debentures for
the construction or erection of any permanent works or im-
provements authorized by this Act, and may include the
amount required to meet the payment of such debt or deben-
tures in the general rate levied annually by the commission,
but the total amount of any debentures so issued and out-
standing at any one time shall not exceed $100,000.

(2) The debentures may. be for such amounts, and for
Form and such term and in such form and payable in such manner as

terms. . . .

the Lieutenant-Governor m Council may approve and when
issued with such approval shall not be open to question in any
manner whatsoever and unless otherwise directed by the
Lieutenant-Governor in Council it shall not be necessary to
obtain the assent of the electors or to comply with any of the
Rev^ Stat, provisious of The Municipal Act relating to the contracting of
debts by a municipal corporation.

233.

payme'nt" ^'^^ (^) '^^^ amount falling due for principal and interest in
each year on account of such debentures shall be payable out
of the general revenues of the commission.

debenture ^^^ ^^^ holder of every debenture or other obligation issued

holders. under the authority of this Act shall have a preferential

charge or lien on the revenue of the commission, and the

Commission shall pay such debenture debts in priority to all

other debts. R.S.O. 1927, c. 83, s. 10.

tion^'oTby^ 1'7- — (1) By-laws passed by the commission shall be

law. authenticated by the signatures of the chairman and secretary

and the seal of the corporation ; and a copy of any such by-law

so authenticated shall be of the same force and shall have the

Section 15. This is a new section although there is now in the statute
a provision which confers upon the Burlington Beach Commission the
powers of commissioners of police in cities of 100,000 or over. It seems
to be necessary to have some fuller provision in order to avoid doubts
arising as to the extent of the powers of the Commission. It has to be
borne in mind that all by-laws passed by the Commission are subject to
the approval of the Lieutenant-Governor in Council.

Sections 16, 17. The same as present sections 10 and 13, respectively.

same effect as a copy of a municipal by-law duly certified in
R'SJ^gS'^at. the manner provided by The Municipal Act.

of^Rev^^s^at, (2) The provisions of The Municipal Act, relating to the

certmcTtio°n approval of municipal by-laws by the Ontario Railway and

of by-laws. Municipal Board shall apply to any by-law heretofore or

hereafter passed by the commission in the same manner and

to the same extent as if the commission were a municipal

corporation. R.S.O. 1927, c. 83, s. 13.

Hn^iJI^i^ff^L 18. All sums collected for license fees or for penalties for
to be paid to offenccs against any by-law passed by the commission shall

com niissio n -' ^ x ^

be paid over to the commission. R.S.O. 1927, c. 83, s. 15.
Maintenance 19. jt shall be the duty of the Commission to keep the

of highways. . ... . .

highways other than provincial highways in Burlington
Beach in proper repair. R.S.O. 1927, c. 83, s. 16.

Commission 20. In case a railway operated by electricity upon a high-
rights of way or any portion of which is so operated has been heretofore

township i-T-»i' T-«ii -1

under constructed m Burhngton Beach under any agreement with

wlth^ 'electric the Corporation of the township of Saltfleet, then so far as such
railways. agreement relates to the maintenance and repair of the tracks
and roadbed of the railway or the remaining portions of the
highways in Burlington Beach over which the railway is
operated and to the removal of snow and ice from the tracks
of the railway and the disposal of such snow and ice upon the
highway or elsewhere, the commission shall, in respect of that
portion of the railway in Burlington Beach, be substituted for
and have all the rights and may exercise all the powers and
be subject to the same duties as the corporation of the town-
ship of Saltfleet under such agreement and any officer or
person named therein and charged with the performance of any
duty in respect to such matters thereunder. R.S.O. 1927,
c. 83, s. 17.

confo'rm^'to ^^- ^^^ railway companies occupying highways in Bur-
grades, lington Beach shall cause their tracks to conform to the
grades of the highways and shall maintain the same in such
manner as shall least obstruct the free and ordinary use of the
highways and the passage of vehicles over the same; and the
upper surface of the rails shall be laid flush with the surface
of the highways and shall conform to the grade thereof.
R.S.O. 1927, c. 83, s. 18.

utiutfes ^^- Subject to the approval of the Lieutenant-Governor in

Council the commission may from time to time pass by-laws, —

(a) For establishing, constructing, erecting, laying down

74 y.

Sections 18 to 21. These are the same as sections 15 to 18 of the
present Act.

Section 22. This is a new section and seems to be necessary in order
to provide for public services. When the water works service Avas
connected with the Hamilton system there was a special provision
authorizing the work. It seems to be wise to have some general provision
under which the Commission may make contracts for the supply of any
other public service.

and maintaining waterworks, electric light and power
works, gas works or any other public utility;

(6) For entering into contracts or agreements with any
municipal corporation or commission in an adjacent
municipality or with any provincial commission or
with any company for the supply of any public
utility to Burlington Beach or the inhabitants;

^/'Rev!'sut. 23. The Public Utilities Act shall apply to Burlington
c. 249. Beach and to the commission in the same manner and to the

same extent as if the commission were a municipal commission

established under the said Act. (New.)

Powers as to
schools.

24. Subject to the approval of the Lieutenant-Governor in
Council the commission shall have and may exercise all the
rights and powers and shall perform the like duties, and be
subject to the like obligations as the council, board of
public school trustees and a board of high school trustees or a
board of education in a city. (New.)

Debentures
for school
purposes.

Rev. Stat.
c. 233.

25. The commission, with the approval of the Lieutenant-
Governor in Council, may from time to time pass by-laws for
the issue of debentures for the establishment, erection and
maintenance of a public school or a continuation school in
Burlington Beach and such debentures shall be for such amounts
and for such term and in such form and payable in such
manner as the Lieutenant-Governor in Council may approve
and when issued with such approval shall not be open to
question in any manner whatsoever and it shall not be neces-
sary to obtain the assent of the electors or to comply with any
of the provisions of The Municipal Act or of the school laws
of Ontario relating to the contracting of debts for school
purposes. (New.)

Rev. Stat.
C. 83
repealed.

26. The Burlington Beach Act, being chapter 83 of the
Revised Statutes of Ontario 1927, except as to section 11, and
subsection 7 of section 9, of the said Act, is hereby repealed.

ment^oT^^^' ^7. This Act shall come into force on the day upon which
^°^- it receives the Roval Assent.

Section 23. This section is complementary to the new section 22.

Sections 24, 25. These are the school sections. It has always been
supposed that the Commission had the powers of a board of school
trustees and they have been carrying on a school at the Beach for a long
time. It has become necessary to erect a new building and the powers
given in this section are intended to enable this to be done. As the Act
stands at present the Commission has no power whatever to issue deben-
tures for school purposes. The powers given are of course subject to the
approval of the Lieutenant-Governor in Council.

Section 26. This is the repeal section. Section 11 and subsection
7 of section 9 which are omitted from the repeal deal with arrangements
for water works and the improvement of the Park.

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No. 74

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act respecting Burlington Beach.

Mr. Finlayson

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 74. 1930.

BILL

An Act respecting Burlington Beach.

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

Short title. 1 _ This Act may be cited as The Burlington Beach Act, 1930.

Beach ^*°^ 2. The corporation heretofore known as the "Burlington
Commission. Beach Commission," hereinafter called the "Commission," is
continued and shall consist of not less than two persons,
who shall be appointed from time to time by the Lieutenant-
Governor in Council and shall hold office during pleasure.
R.S.O. 1927, c. 83, s. 1, (1), (2).

BurAngton 3. All those parcels or tracts of land and premises known
Beach. ^g portions of Burlington Beach in the Township of Saltfleet,

as shown and coloured red on parts of a plan of survey by
Thomas C. Brownjohn, P.L.S., dated Hamilton, September
25th, 1874, of record in the Department of Lands and Forests,
which are abutted and bounded as follows: —

First. Commencing at the point A as shown on the
plan in the southern limit of the County of Halton ; thence
easterly along that limit to the easterly shore of the Beach
at the point B as shown on the plan ; thence southerly along
the said Beach to the point C as shown on the plan at the
intersection of the northerly limit of the Burlington Canal
Reserve ; thence westerly along the northerly limit of
the Reserve to the westerly shore of the Beach at the
point D as shown on the plan; thence northerly along the
Beach to the point A as shown on the plan, the place of
beginning;

74 '

►

Explanatory Notes,

The present arrangement of this Act is misleading. The sections
have now been arranged in more logical order.

Section 2. This is taken from subsections 1 and 2 of the present
section 1 and makes no change in the law.

Section 3. This is a description of Burlington Beach,

the point of intersection with the north side of the road
between lots Nos. 28 and 29 in the 1st concession of the
Township of Saltfieet, produced easterly to the Beach;
thence westerly along the northerly side of that road
produced to the westerly shore of the Beach at the point
H as shown on the plan; thence northerly along the said
Beach to the point E as shown on the plan, the place of
beginning;

Third. The Burlington Canal Reserve;

Fifth. Lands under the waters of Burlington Bay and
Lake Ontario adjoining the Beach which may be required
for water lots and kindred purposes in which the fee is
vested in the Crown;

shall continue to be known as "Burlington Beach" and for
the purposes of this Act shall be subject to the government of
the Commission. R.S.O. 1927, c. 83, s. 2.

from'^t'own- *. — (1) Burlington Beach shall be deemed to be separated
counfy ^ from and shall not form part of the Township of Saltfleet or

the County of Wentworth for municipal or school purposes.

R.S.O. 1927, c. 83, s. 24 (1), part.

Part of
county for
judicial
purposes.

Annual
payment to
county.

(2) For judicial purposes Burlington Beach shall be and
shall remain a portion of the County of Wentworth and not-
withstanding anything in The Municipal Act contained, the
Commission shall pay annually on or before the 1st day of
December, the sum of $250 to the corporation of the County
of Wentworth in full satisfaction of all liability to the countv.
R.S.O. 1927, c. 83, s. 24 (1), (4).

Assembly *° 5. For purposes of elections to the Assembly, Burlington
Beach shall be and remain a portion of the Township of
Saltfleet, and all persons in Burlington Beach possessing the
necessary qualifications shall be entitled to be placed on the
voters' lists of that township; and for such purposes the
Commission shall annually before the 15th day of July prepare
and furnish to the clerk of the township a list of persons so
qualified, and, for the information of the clerk, shall furnish

Section 4. This is made up from subsections 1 and 4 of the present
section 24 and makes no change in the law.

Sections 5, 6, 7, 8, 9, The same as the present sections 27, 3, 4, 5 and
6, respectively.

all particulars required in preparing his lists under The
Rev. Stat. ^^^g^^, j^-^^^ ^^^ RS.O. 1927, c. 83, s. 27.

Enquiry as
to existing
franchises,
leases, etc.

6. It shall be the duty of the Commission and it shall
have power to enquire into and ascertain the facts concerning
all franchise agreements, all sub-leases, all portions of
Burlington Beach held under sub-leases from the corporation
of the City of Hamilton or otherwise, the names of the persons
holding the same, the amounts of rents reserved, or other
payments provided for in the same, the terms and conditions
under which such agreements and sub-leases are made, and
all other particulars in connection with the same. R.S.O
1927, c. 83, s. 3.

Collection 7. The Commission shall have power to demand, collect

of rents, etc. and receive from any person in occupation or use of the lands

in Burlington Beach under any such agreement or sub-lease

any money due and unpaid for rent or otherwise, in respect

thereof. R.S.O. 1927, c. 83, s. 4.

Report on
proposed
sales, leases,
etc.

Regulations
as to

sales, leases,
etc.

9. The Commission, subject to such regulations as may
be approved by the Lieutenant-Governor in Council, may
make such dispositions by agreement, lease, sale or otherwise
as may be approved by the Lieutenant-Governor in Council.
R.S.O. 1927, c. 83, s. 6.

Chairman.

Secretary,

other
officers.

Rev. Stat.,
CO. 238, 7.

Section 10 (1). This is the same as subsection 3 of the present
section 1 and makes no change except to make the secretary of the Com-
mission treasurer as well as clerk.

(2) This provides expressly for the appointment of the necessary officers
to carry out The Municipal and Assessment Acts.

any lands In Burlington Beach. New. (See R.S.O. 1927,

c. 83, s. 19 (1).

fa*bour^ C-^) Subsection 1 of section 2 of The Statute Labour Act

^^JggS*^*- shall apply mutatis mutandis to Burlington Beach and to the

Commission in the same manner and to the same extent as

to a city and to the council thereof. R.S.O. 1927, c. 83, s.

19 (2).

t^°iie against H- ^o action shall be brought against the Commissioners
withoulf^"'^ personally for anything done or omitted to be done under this
consent of Act without the authority of the Lieutenant-Governor in
" Council. R.S.O. 1927, c. 83, s. 23.

Crown.

account. 12. — (1) The Commission shall cause books to be provided

^f^Rev^st^a't. (2) Scctions 10, 30, 32 and d>d> of The Audit Act shall apply
°' 25. to the accounts of the Commissioners in respect of receipts

and expenditures.

Publication (3) A summary of the receipts and expenditures shall be

ofsunamary. , ,. , , ,1 • 1 i- 1 1 • 1 /^- r

published annually m a newspaper published in the City oi
Hamilton. R.S.O. 1927, c. 83, s. 21.

Annual 13. The Commission shall on or before the 1st day of

c?own*° December in each year report to the Lieutenant-Governor in
Council the receipts and expenditures of the year and such
other matters as may appear to it to be of public interest in
relation to the government of Burlington Beach, or to any-
thing arising out of this Act, and shall in all cases supply to
the Lieutenant-Governor in Council such information relating
thereto as he may direct. R.S.O. 1927, c. 83, s. 22.

(3) This Is the same as subsection 2 of the present section 19.

Sections 11, 12, 13.
respectively.

The same as the present sections 23, 21 and 22,

Powers of
Commission
acting as
council or
board of
police
commis-
sioners.

Rev. Stat.
C. 233.

15. Subject to any general or special regulation made with
respect to the government of Burlington Beach and subject,
in the case of any by-law passed by the Commission, to the
approval of the Lieutenant-Governor in Council, the Commis-
sion shall have and may exercise within the limits of Burlington
Beach all powers and perform the duties conferred and im-
posed by The Municipal Act on the council or on the board of
commissioners of police in a city having a population of not
less than 100,000, and may from time to time pass by-laws
for the appointment of constables and making regulations as
to police and for licensing and regulating or prohibiting any
trade or calling, and for fixing license fees, and generally for
the good government of Burlington Beach in the same manner
and to the same extent as any such council or board of com-
^missioners of police. New. (See R.S.O. 1927, c. 83, s. 9.)

Debentures.

Form and
terms.

Rev. Stat.
c. 233.

(2) The debentures may be for such amounts, and for
such term and in such form and payable in such manner as
the Lieutenant-Governor in Council may approve and when
issued with such approval shall not be open to question in any
manner whatsoever and unless otherwise directed by the
Lieutenant-Governor in Council it shall not be necessary to
obtain the assent of the electors or to comply with any of the
provisions of The Municipal Act relating to the contracting of
debts by a municipal corporation.

pa'^me'nt'^ ^^^ (^) ^^^ amount falling due for principal and interest in
each year on account of such debentures shall be payable out
of the general revenues of the commission.

Rights of
debenture
holders.

(4) The holder of every debenture or other obligation issued
under the authority of this Act shall have a preferential
charge or lien on the revenue of the commission, and the
Commission shall pay such debenture debts in priority to all
other debts. R.S.O. 1927, c. 83, s. 10.

uon^Tby-^" 1'7. — (1) By-laws passed by the commission shall be

law. authenticated by the signatures of the chairman and secretary

and the seal of the corporation ; and a copy of any such by-law

so authenticated shall be of the same force and shall have the

74 .

Sections 16, 17. The same as present sections 10 and 13, respectively.

same effect as a copy of a municipal by-law duly certified in
Rev Stat, the manner provided by The Municipal Act.

^f^Rev^stat. (2) The provisions of The Municipal Act, relating to the
c. 233 as to approval of municipal by-laws by the Ontario Railway and

certification '^^ • • ^ -n iVni r

of by-laws. Municipal Board shall apply to any by-law heretofore or
hereafter passed by the commission in the same manner and
to the same extent as if the commission were a municipal
corporation. R.S.O. 1927, c. 83, s. 13.

License fees Jg, All sums Collected for license fees or for penalties for

and penaitie.s . . . , ,,

to he paid to oftences against any by-law passed by the commission shall
be paid over to the commission. R.S.O. 1927, c. 83, s. 15.

Maintenance 19. It shall be the duty of the Commission to keep the

of tiigriways. . . . .

highways other than provincial highways in Burlington
Beach in proper repair. R.S.O. 1927, c. 83, s. 16.

Commission , 29. In case a railway operated by electricity upon a high-
rights of way or any portion of which is so operated has been heretofore
u°nder ^^ Constructed in Burlington Beach under any agreement with
wlth^ Electric the Corporation of the township of Saltfleet, then so far as such
railways. agreement relates to the maintenance and repair of the tracks
and roadbed of the railway or the remaining portions of the
highways in Burlington Beach over which the railway is
operated and to the removal of snow and ice from the tracks
of the railway and the disposal of such snow and ice upon the
highway or elsewhere, the commission shall, in respect of that
portion of the railway in Burlington Beach, be substituted for
and have all the rights and may exercise all the powers and
be subject to the same duties as the corporation of the town-
ship of Saltfleet under such agreement and any officer or
person named therein and charged with the performance of any
duty in respect to such matters thereunder. R.S.O. 1927,
c. 83, s. 17.

Jo'n^fo^rm^to ^^- ^^^ railway companies occupying highways in Bur-
grades, lington Beach shall cause their tracks to conform to the
grades of the highways and shall maintain the same in such
manner as shall least obstruct the free and ordinary use of the
highways and the passage of vehicles over the same; and the
upper surface of the rails shall be laid flush with the surface
of the highways and shall conform to the grade thereof.
R.S.O. 1927, c. 83, s. 18.

Public
Utilities.

22. Subject to the approval of the Lieutenant-Governor in
Council the commission may from time to time pass by-laws, —

(a) For establishing, -constructing, erecting, laying down
74

Sections 18 to 21.
present Act.

These are the same as sections 15 to 18 of the

Section 22. This is a new section and seems to be necessary in order
to provide for public services. When the water works service was
connected with the Hamilton system there was a special provision
authorizing the work. It seems to be wise to have some general provision
under which the Commission may make contracts for the supply of any
other public service.

and maintaining waterworks, electric light and power
works, gas works or any other public utility;

(b) For entering into contracts or agreements with any

municipal corporation or commission in an adjacent
municipality or with any provincial commission or
with any company for the supply of any public
utility to Burlington Beach or the inhabitants;

for any of the above purposes. (New.)

^f^Rev^^stat. ^3. The Public Utilities Act shall apply to Burlington
c. 249. Beach and to the commission in the same manner and to the

same extent as if the commission were a municipal commission

established under the said Act. (New.)

Powers as to 24. Subject to the approval of the Lieutenant-Governor in

schools. _, Ml • • • 11 1

Council the commission shall have and may exercise ail the
rights and powers and shall perform the like duties, and be
subject to the like obligations as the council, board of
public school trustees and a board of high school trustees or a
board of education in a city. (New.)

Sr^soffo?^ 25, The commission, with the approval of the Lieutenant-
purposes. Governor in Council, may from time to time pass by-laws for
the issue of debentures for the establishment, erection and
maintenance of a public school or a continuation school in
Burlington Beach and such debentures shall be for such amounts
and for such term and in such form and payable in such
manner as the Lieutenant-Governor in Council may approve
and when issued with such approval shall not be open to
question in any manner whatsoever and it shall not be neces-
sary to obtain the assent of the electors or to comply with any
Rev. Stat, of the provisions of The Municipal Act or of the school laws
of Ontario relating to the contracting of debts for school
purposes. (New.)

C. 233.

Provision for|;^-26. — (1) Notwithstanding anything in this or any other
to Hamilton. Act contained, in case the council of the corporation oi the
city of Hamilton by resolution declares that it is expedient
that the said Burlington Beach, as described in section 3
hereof, should be annexed to the cit}^ of Hamilton, and in
case the majority of the" ratepayers in said Burlington Beach
petition the Lieutenant-Governor in Council to add the same
to the said city, and after due notice of such resolution and
petition has been given by the council of the said city to the
council of the corporation of the county of Wentworth, the
Lieutenant-Governor in Council may, by proclamation to
take effect upon a day to be named therein, annex the said

Section 23. This section is complementary to the new section 22.

Burlington Beach to the city of Hamilton, upon such terms
and conditions as to the adjustment of assets and liabilities,
taxation, assessment, improvements or otherwise howsoever,
as shall be determined by the Lieutenant-Governor in Council.

(2) The Lieutenant-Governor in Council may vary or
amend the terms and conditions of the said proclamation
at any time in case it is deemed expedient so to do and may
by proclamation repeal all or any of the provisions of this Act.

(3) The terms and conditions contained in any such
proclamation of the Lieutenant-Governor in Council and the
proclamation shall have the same force and effect and be as
binding as if such terms and conditions were embodied in an
Act of this Legislature.

(4) The Lieutenant-Governor in Council may direct that a
vote be taken for determining whether or not the majority
of the municipal electors of the part proposed to be annexed
are in favour of its being annexed, and may fix the time and
place for the taking of the vote, name the returning officer
and make such other provisions as may be deemed neces-
sary.

Rev. Stat.
c. 83
repealed.

27. The Burlington Beach Act, being chapter 83 of the
Revised Statutes of Ontario 1927, except as to section 11, and
subsection 7 of section 9, of the said Act, is hereby repealed.

ment^cff"*'^' 28. This Act shall come into force on the day upon which
'^°*" it receives the Roval Assent.

^1'

Section 27. Thi^ is the repeal section. Section 11 and subsection
7 of section 9 which are omitted from the repeal deal with arrangements
for water works and the improvement of the Park.

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No. 74 !

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act respecting Burlington Beach.

Mr. Finlayson

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

}

No. 74. 1930.

BILL

Short title.

An Act respecting Burlington Beach.

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

1. This Act may be cited as The Burlington Beach Act, 1930.

Beach^*°^ 2. The corporation heretofore known as the "Burlington
Commission. Beach Commission," hereinafter called the "Commission," is
continued and shall consist of not less than two persons,
who shall be appointed from time to time by the Lieutenant-
Governor in Council and shall hold office during pleasure.
R.S.O. 1927, c. 83, s. 1, (1), (2).

Biiriington 3- All those parcels or tracts of land and premises known
Beach. ^g portions of Burlington Beach in the Township of Saltfleet,

First. Commencing at the point A as shown on the
plan in the southern limit of the County of Halton ; thence
easterly along that limit to the easterly shore of the Beach
at the point B as shown on the plan ; thence southerly along
the said Beach to the point C as shown on the plan at the
intersection of the northerly limit of the Burlington Canal
Reserve; thence westerly along the northerly limit of
the Reserve to the westerly shore of the Beach at the
point D as shown on the plan; thence northerly along the
Beach to the, point A as shown on the plan, the place of
beginning;

the point of intersection with the north side of the road
between lots Nos. 28 and 29 in the 1st concession of the
Township of Saltfleet, produced easterly to the Beach;
thence westerly along the northerly side of that road
produced to the westerly shore of the Beach at the point
H as shown on the plan; thence northerly along the said
Beach to the point E as shown on the plan, the place of
beginning;

Third. The Burlington Canal Reserve;

Fifth. Lands under the waters of Burlington Bay and
Lake Ontario adjoining the Beach which may be required
for water lots and kindred purposes in which the fee is
vested in the Crown ;

shall continue to be known as "Burlington Beach" and for
the purposes of this Act shall be subject to the government of
the Commission. R.S.O. 1927, c. 83, s. 2.

4.— (1) Burlington Beach shall be deemed to be separated ^^''town-
from and shall not form part of the Township of Saltfleet orsbjp^and
the County of Wentworth for municipal or school purposes.
R.S.O. 1927, c. 83, s. 24 (1), part.

Part of

(2) For judicial purposes Burlington Beach shall be and county^ for
shall remain a portion of the County of Wentworth and not- purposes,
withstanding anything in The Municipal Act contained, the Annual
Commission shall pay annually on or before the 1st day of p^^^^"^* *°
December, the sum of $250 to the corporation of the County
of Wentworth in full satisfaction of all liability to the county.
R.S.O. 1927, c. 83, s. 24 (1), (4).

5. For purposes of elections to the Assembly, Burlington E^|ot^on8 to
Beach shall be and remain a portion of the Township of
Saltfleet, and all persons in Burlington Beach possessing the
necessary qualifications shall be entitled to be placed on the
voters' lists of that township; and for such purposes the
Commission shall annually before the 15th day of July prepare
and furnish to the clerk of the township a list of persons so
qualified, and, for the information of the clerk, shall furnish

Rev. Stat.
c. 7.

all particulars required in preparing his lists under The
Voters' Lists Act. R.S.O. 1927, c. 83, s. 27.

Enquiry as
to existing
franchises,
leases, etc.

6. It shall be the duty of the Commission and it shall
have power to enquire into and ascertain the facts concerning
all franchise agreements, all sub-leases, all portions of
Burlington Beach held under sub-leases from the corporation
of the City of Hamilton or otherwise, the names of the persons
holding the same, the amounts of rents reserved, or other
payments provided for in the same, the terms and conditions
under which such agreements and sub-leases are made, and
all other particulars in connection with the same. R.S.O
1927, c. 83, s. 3.

Collection 7. The Commission shall have power to demand, collect

of arrears i • r • • r i i i

of rents, etc. and receive from any person in occupation or use oi the lands
in Burlington Beach under any such agreement or sub-lease
any money due and unpaid for rent or otherwise, in respect
thereof. R.S.O. 1927, c. 83, s. 4.

Report on
proposed
sales, leases,
etc.

as''to'^*'°"^ 9. The Commission, subject to such regulations as may

sales, leases, be approved by the Lieutenant-Governor in Council, may

make such dispositions by agreement, lease, sale or otherwise

as may be approved by the Lieutenant-Governor in Council.

R.S.O. 1927, c. 83, s. 6.

Chairman.

Secretary.

other
officers.

Rev. Stat.,
oc. 238, 7.

any lands in Burlington Beach. New. (See R.S.O. 1927j
c. 83, s. 19 (1).

(3) Subsection 1 of section 2 of The Stahite Labour Actf^^lf^^
shall apply mutatis mutandis to Burlington Beach and to the ^®239^*^*'
Commission in the same manner and to the same extent as
to a city and to the council thereof. R.S.O. 1927, c. 83, s.
19 (2).

11. No action shall be brought against the Commissioners ^^j\'°^J^°j*gj
personally for anything done or omitted to be done under this ^^j^'Juf ^""^
Act without the authority of the Lieutenant-Governor in consent of
Council. R.S.O. 1927, c. 83, s. 23. ''°'^""

12. — (1) The Commission shall cause books to be provided account,
and true and accurate accounts to be entered therein of all
sums of money received and paid out and of the several
purposes for which the same were received and paid out ; and
such books shall be at all times open to the inspection of the
Treasurer of Ontario and of any person appointed by him, or
by the Lieutenant-Governor in Council, or by a majority of
the ratepayers in Burlington Beach for such purposes, and
any such person may take copies or extracts from such books.

(2) Sections 10, 30, 32 and Zd> of The Audit Act shall apply ^fP^'Jv^^t^Jt. |
to the accounts of the Commissioners in respect of receipts °- ^^•
and expenditures.

(3) A summary of the receipts and expenditures shall be J^^biication^
published annually in a newspaper published in the City of
Hamilton. R.S.O. 1927, c. 83, s. 21.

13. The Comntission shall on or before the 1st day of Annual
December in each year report to the Lieutenant-Governor inc'rown *^
Council the receipts and expenditures of the year and such
other matters as may appear to it to be of public interest in
relation to the government of Burlington Beach, or to any-
thing arising out of this Act, and shall in all cases supply to
the Lieutenant-Governor in Council such information relating |
thereto as he may direct. R.S.O. 1927, c. 83, s. 22. 1

14. The Commission shall collect all rents, taxes or other collection of

,. fii'T-.i-, T-.1 revenues.

money accrumg due m respect of lands m Burlmgton Beach
and may expend so much of the money received therefrom as
may in its opinion seem necessary or expedient in beautifying
or otherwise improving the same as a park and place of public
resort or for any other purpose authorized by this Act.
R.S.O. 1927, c. 83, s. 7. Part.

Powers of
Commissior
acting as
council or
board of
police
commis-
sioners.

Rev. Stat.
c. 233.

16. Subject to any general or special regulation made with
respect to the government of Burlington Beach and subject,
in the case of any by-law passed by the Commission, to the
approval of the Lieutenant-Governor in Council, the Commis-
sion shall have and may exercise within the limits of Burlington
Beach all powers and perform the duties conferred and im-
posed by The Municipal Act on the council or on the board of
commissioners of police in a city having a population of not
less than 100,000, and may from time to time pass by-laws
for the appointment of constables and making regulations as
to police and for licensing and regulating or prohibiting any
trade or calling, and for fixing license fees, and generally for
the good government of Burlington Beach in the same manner
and to the same extent as any such council or board of com-
missioners of police. New. (See R.S.O. 1927, c. 83, s. 9.)

Debentures.

Form and
terms.

Rev. Stat.
0. 233.

^l^^mini ^°^ ^^) ^^^ amount falling due for principal and interest in
each year on account of such debentures shall be payable out
of the general revenues of the commission.

Rights of
debenture
holders.

fionWy-*" 1'7.— (1) By-laws passed by the commission shall be

^^^ authenticated by the signatures of the chairman and secretary

and the seal of the corporation ; and a copy of any such by-law

so authenticated shall be of the same force and shall have the

same effect as a copy of a municipal by-law duly certified in

the manner provided by The Municipal Act. f.^23i^^^'

(2) The provisions of The Municipal Act, relating to the ^/"^ev^ stat.
approval of municipal by-laws by the Ontario Railway and ^eruflca\io°n
Municipal Board shall apply to any by-law heretofore orofby-iaws.
hereafter passed by the commission in the same manner and
to the same extent as if the commission were a municipal
corporation. R.S.O. 1927, c. 83, s. 13.

18. All sums collected for license fees or for penalties for Lice;j«« ^ff ^.s^
offences against any by-law passed by the commission shall to^e^paid^to
be paid over to the commission. R.S.O. 1927, c. 83, s. 15.

19. It shall be the duty of the Commission to keep the Mam^tenanc^e
highways other than provincial highways in Burlington
Beach in proper repair. R.S.O. 1927, c. 83, s. 16.

20. In case a railway operated by electricity upon a high- p^Xavi""'*'''
way or any portion of which is so operated has been heretofore rights^of^
constructed in Burlington Beach under any agreement with ^^^^^^^^^.^
the corporation of the township of Saltfleet, then so far as such with electric
agreement relates to the maintenance and repair of the tracks'"^' '^'^^'^•
and roadbed of the railway or the remaining portions of the
highways in Burlington Beach over which the railway is
operated and to the removal of snow and ice from the tracks
of the railway and the disposal of such snow and ice upon the
highway or elsewhere, the commission shall, in respect of that
portion of the railway in Burlington Beach, be substituted for
and have all the rights and may exercise all the powers and
be subject to the same duties as the corporation of the town-
ship of Saltfleet under such agreement and any officer or
person named therein and charged with the performance of any
duty in respect to such matters thereunder. R.S.O. 1927,
c. 83, s. 17.

21. All railway companies occupying highways in Bur- cJ^form to
lington Beach shall cause their tracks to conform to the^^'ad®^-
grades of the highways and shall maintain the same in such l|
manner as shall least obstruct the free and ordinary use of the ll
highways and the passage of vehicles over the same; and the j;
upper surface of the rails shall be laid flush with the surface
of the highways and shall conform to the grade thereof.
R.S.O. 1927, c. 83, s. 18.

22. Subject to the approval of the Lieutenant-Governor in ^'^'Jli^eg.
Council the commission may from time to time pass by-laws, —

(a) For establishing, constructing, erecting, laying down
74

and maintaining waterworks, electric light and power
works, gas works or any other public utility;

(b) For entering into contracts or agreements with any

municipal corporation or commission in an adjacent
municipality or with any provincial commission or
with any company for the supply of any public
utility to Burlington Beach or the inhabitants;

for any of the above purposes. (New.)

of^Rev^^stat. '^^^ ^^^^ Public Utilities Act shall apply to Burlington
c. 249. Beach and to the commission in the same manner and to the

same extent as if the commission were a municipal commission

established under the said Act. (New.)

Powers as to 24. Subject to the approval of the Lieutenant-Governor in
schools. „ Ml • • 1111 1 • 11 1

Council the commission shall have and may exercise all the

rights and powers and shall perform the like duties, and be

subject to the like obligations as the council, board of

public school trustees and a board of high school trustees or a

board of education in a city. (New.)

U)?B6hoof^ 25. The commission, with the approval of the Lieutenant-
purposes. Governor in Council, may from time to time pass by-laws for
the issue of debentures for the establishment, erection and
maintenance of a public school or a continuation school in
Burlington Beach and such debentures shall be for such amounts
and for such term and in such form and payable in such
manner as the Lieutenant-Governor in Council may approve
and when issued with such approval shall not be open to
question in any manner whatsoever and it shall not be neces-
sary to obtain the assent of the electors or to comply with any
Rev. Stat, of the provisions of The Municipal Act or of the school laws
of Ontario relating to the contracting of debts for school
purposes. (New.)

c. 233.

Provision for 26. — (1) Notwithstanding anything in this or anv other
to Hamilton. Act Contained, in case the council of the corporation of the
city of Hamilton by resolution declares that it is expedient
that the said Burlington Beach, as described in section 3
hereof, should be annexed to the city of Hamilton, and in
case the majority of the ratepayers in said Burlington Beach
petition the Lieutenant-Governor in Council to add the same
to the said city, and after due notice of such resolution and
petition has been given by the council of the said city to the
council of the corporation of the county of Wentworth, the
Lieutenant-Governor in Council may, by proclamation to
take effect upon a day to be named therein, annex the said

(2) The Lieutenant-Governor in Council may vary or proc[an?a-
amend the -terms and conditions of the said proclamation tion.
at any time in case it is deemed expedient so to do and may ||
by proclamation repeal all or any of the provisions of this Act.

(3) The terms and conditions contained in any such procfamL
proclamation of the Lieutenant-Governor in Council and the^'o"-
proclamation shall have the same force and effect and be as
binding as if such terms and conditions were embodied in an
Act of this Legislature.

(4) The Lieutenant-Governor in Council may direct that a pil}^- "^^te
vote be taken for determining vvhether or not the majority i^^^""®^^-
of the municipal electors of the part proposed to be annexed
are in favour of its being annexed, and may fix the time and
place for the taking of the vote, name the returning officer
and make such other provisions as may be deemed neces-
sary."

27. The Burlington Beach Act, being chapter 83 of the^^^g s***-
Revised Statutes of Ontario 1927, except as to section 11, and repealed,
subsection 7 of section 9, of the said Act, is hereby repealed.

28. This Act shall come into force on the day upon which ment"<ff^*'**
it recei\ es the Roval Assent. ■*'°*'

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W

l-H

No. 75

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act for the Prevention of Fraud in connection with the

Sale of Securities.

Mr. Price

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 75.

1930.

BILL

Short Title.

Interpreta-
tions.

An Act for the Prevention of Fraud in connection
with the Sale of Securities.

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

1. This Act may be cited as The Security Frauds Prevention
Act, 1930.

2. In this Act—

"Broker."

"Company,

"Fraud."

(a) "Broker" shall mean every person other than a
salesman who engages either for the whole or part
of his time directly or through an agent in the
business of trading in securities and shall include
a company, and such officials of a company or
partnership which trades in securities as may be
designated by the Regulations, and shall include a
security issuer except where the context clearly
indicates the contrary.

(b) "Company" means any incorporated corporation,

association or other organization.

addition to their ordinary meaning, include:

(i) any intentional misrepresentation by word,
conduct or in any manner of any material
fact either present or past, and any intentional
omission to disclose any such fact;

(ii) any promise or representation as to the
*^ future which is beyond reasonable expectation

and not made in good faith ;

(iii) any fictitious or pretended trade in any
security ;

Explanatory Note.

The Act is re-enacted for greater convenience, so that the proper effect
of the amendments of 1929 and 1930 may be more readily understood.
The changes for 1930 are indicated in blacker type than the body of the
Bill.

Section 2 (a). The definition is extended to include a company in order
to save repetition later on, and to exclude companies, syndicates, etc.,
which issue only their own stock, units, etc. Former reference to a trustee
capacity is deleted.

Section 2 (b). Rearranged for greater clarity.

(iv) the gaining or attempt to gain, directly or
indirectly, through a trade in any security, a
commission, fee or gross profit so large and
exorbitant as to be unconscionable and
unreasonable ;

(v) any course of conduct or business which is
calculated or put forward with intent to
deceive the public or the purchaser or the
vendor of any security as to the nature of
any transaction or as to the value of such
security ;

(vi) the making of any material false statement in
any application, information, material or
evidence submitted or given to the Attorney-
General, his representative or the Registrar
under the provisions of this Act or the
Regulations; or in any prospectus or return
filed with the Provincial Secretary;

(vii) the violation of any provision of this Act or
of the Regulations relating to trading in
securities ;

(viii) generally any artifice, agreement, device or
scheme course of conduct or business to

obtain money, profit or property by any of
the means hereinbefore set forth or otherwise
contrary to law and anything specifically
designated in the Regulations as coming
within the meaning of this definition;

"Person.

(d) "Person" shall mean an individual, partnership,
association, syndicate and any unincorporated or-
ganization.

"Registrar." ^^^ "Registrar" shall mean the person appointed by the

Lieutenant-Governor in Council to act as Registrar
under the provisions of this Act and the Regulations.

"Regula-
tions."

(/) "Regulations" shall mean the regulations made from
time to time by the Lieutenant-Governor in Council
under the provisions of this Act.

"Salesman." (g) "Salesman" shall mean every person employed,

appointed or authorized by any broker or company
to trade in securities whether directly or through
sub-agents.

Section 2 (c) (iv). The words "gross profit" prevent any argument as
to whether "net profit" might have been meant.

Section 2 (c) (v). Amended to include deceit of one who has a security
to exchange for what may prove to be one of less value.

Section 2 (c) (vii). More concisely worded.

Section 2 (c) (viii). Rearranged with the addition of the power to add
further definitions.

Section 2 (</). Reference to a trustee capacity is deleted.

"Security,

"Security
Issuer."

" Trade."

(h) "Security" shall include,

(a) any document, instrument or writing
commonly known as a security, or

(b) any document constituting evidence of
title to or interest in the capital, assets,
property, profits, earnings or royalties
of any person or company; or

(d) any document constituting evidence of
an interest in any option given upon a
security, or

(e) any document designated as a security by
the regulations.

(i) "Security issuer" shall include a company or
person, other than an individual, trading in
securities of its own issue and not trading
generally in other securities.

(j) "Trade" or "Trading" shall include any solicitation
or obtaining of a subscription to, disposition of,
transaction in, or attempt to deal in, sell or dispose
of a security or interest in or option upon a security
for any valuable consideration whether the terms of
payment be upon margin, instalment or otherwise,
and any underwriting of any issue or part of an
issue of a security, and any act, advertisement,
conduct or negotiation directly or indirectly in
furtherance of any of the foregoing or specifically
designated as "trade" or "trading" in the Regula-
tions.

PART I.
Registration of Brokers and Salesmen.
3. — (1) No person shall, —

Brokers,
officials and
salesmen to
register.

(a) trade in any security unless he is registered as a
broker or salesman of a registered broker, or

Section 2 (h). The definition is merely rearranged.

Section 2 (i). A new definition to distinguish the company selling its
own stock from the general broker.

Section 2 (j). Amended to cover the solicitations of subscriptions to
capital stock, to overcome any possible restriction upon the scope of the
definition.

Note. — A former definition of "trustee" is deleted as superfluous.

Section 3 (1). Amended to make it clear that salesman can only do
business while employed by a registered broker, and not after dismissal,
etc., until they have been employed by another registered broker.

(6) act as an official of or on behalf of any partnership or
company in connection with any trade in any
security by the partnership or company, unless he
or the partnership or company is registered as a
broker,

(c) act as a salesman of or on behalf of any partnership
or company in connection with any trade in any
security by the partnership or company, unless he is
registered as a salesman of a partnership or com-
pany which is registered as a broker,

and such registrations have been made in accordance with
the provisions of this Act and the Regulations, and any
violation of this section shall constitute an offence.

Partnership
or company-
may be
registered.

(2) With the approval of the Attorney-General, any
partnership or company may be registered as a broker,
whereupon the partnership or company may trade in
securities, and the members and officials of the partnership,
and the officials of the company other than branch managers
or- salesmen of the partnership or company, may act as such
without separate registration, and the provisions of this Act,
and of the Regulations relating to registered persons or
companies, shall be deemed to apply to such partnership or
company.

Exemptions.

(3) Registration shall not be required in respect of

any of the following classes of trades or securities, —

Judicial
sales.

R.S.C. cc.
11, 213.
(Dom.),
Rev, Stat.
cc. 88, 218.

(a) A trade in a security taking place at a judicial,
executor's, administrator's, guardian's or committee's
sale, or at a sale by an authorized trustee or assignee,
an interim or official receiver or a custodian under
The Bankruptcy Act, a receiver under The Judicature
Act, or a liquidator under The Companies Act or
The Winding Up Act..

Isolated
transactions
by owner.

(b) An isolated trade in a specific security by or on
behalf of the owner, for the owner's account, where
such trade is not made in the course of continued
and successive transactions of a like character, nor
by a person whose usual business is trading in
securities.

Banks, etc.,
Crown,
municipal
and public
officials, and
registered
persons, etc.

(c) A trade where one of the parties is a bank, loan
company, trust company or insurance company, or
is an official or employee, in the performance of his

Section 3 (3). Phraseology slightly changed.

Section 3 (3) (b). Amended to cover cases that have arisen of salesmen
who have been refused registration trying to evade the Act.

Sale by
pledgee for
debt.

duties as such, of His Majesty in right of the
Dominion or any province or territory of Canada
or of any municipal corporation, or public board or
commission in Canada or is registered as a broker
under the provisions of this Act.

(d) A trade by or for the account of a pledgee or mort-
gagee for the purpose of liquidating a bona fide debt
by selling or offering for sale or delivery in good faith
in the ordinary course of business a security pledged
in good faith as security for such debt.

stock

dividends,

etc.

(e) The distribution, issuance or sale by a company
exclusively to the holders of its securities of capital
stock, bonds or other securities as a stock dividend or
other distribution out of earnings or surplus, or in
the process of a bona fide reorganization of the
company, or of additional capital stock where no
commission or other remuneration is paid or given
in connection therewith.

Exchange
on merger.

(f) The exchange by or on account of one company with
another company of its own securities in connection
with a consolidation, amalgamation or merger of
either company.

Prospector's
"grubstake"
or share in
claim.

(g) A trade in good faith by an actual prospector of a
security issued by him for the purpose of financing a
prospecting expedition, or for the purpose of dis-
posing of any of his interest in a mining claim or
property staked by or wholly or partly owned by
him.

Trust.

(h) Securities in which trust funds may lawfully be
invested in Ontario.

Secured
bonds.

(i) Securities secured by mortgage upon real estate
or tangible personal property where the entire
mortgage, together with all of the securities
secured thereby or where all of the securities
secured thereby are sold at the one time.

Negotiable
paper.

(j) Negotiable promissory notes or commercial paper
maturing not more than a year from the date of
issue.

Securities
based upon
conditional
sales.

(k) Securities evidencing indebtedness due under any
contract made pursuant to the provisions of any
statute of any province of Canada providing for the

Section 3 (3) (i). Slight amendment to supersede a similar regulation.

acquisition of personal property under conditional
sale contracts.

(0 Securities issued by a person or company organized
exclusively for educational, benevolent, fraternal,
charitable, or recreational purposes and not for
pecuniary profit, where no part of the net earnings
thereof enure to the benefit of any security holder.

(m) Any class of trade or security specifically exempted
from the application of subsections 1 and 2 of this
section by the Regulations.

4. — (1) Unless the Attorney-General otherwise directs the
Registrar may after the receipt by him of any application for
registration cause to be entered in a book kept for such
purpose and open to public inspection, hereinafter called the
"Register," the name and address for service of such
applicant, whereupon such applicant shall be deemed to be
registered as a broker or salesman as the case may be.

(2) The Registrar may cause a temporary entry to be
made, designated as such, in the register, subject to cancella-
tion at any time upon the order of the Attorney-General.

Expiration,

renewal ^of^ (3) Registrations shall expire, and may be changed or
registration, renewed as the Regulations shall provide.

Shares of
non-profit-
sharing
companies.

Trades or
securities
exempted
by Regu-
lations.

Registration
within ten
days unless
Attorney-
General
objects.

Temporary
registration.

to^be^upinf 5. — (1) Every application under this Act or the Regulations

proper^ee^ shall be made in writing upon the forms provided by the

and bonds. Registrar, and shall be accompanied by the fee prescribed by

the Regulations and such bond as may be required.

Address
for service.

Further
information.

(2) Every applicant, whether domiciled in Ontario or not,
shall state in every application an address for service in
Ontario, and all notices under this Act or the Regulations and
all legal process issued by or on behalf of any person or com-
pany shall be sufficiently served for all purposes if posted by
registered mail to the applicant at the latest address for
service so stated, and in the case of a non -registered company
where the officials are registered to the latest address of the
person registered as the senior official of such company in
Ontario.

(3) The Registrar may from time to time and shall when so
directed by the Attorney-General require any further
information or material to be submitted by any applicant or
any registered person or company within a specified time
limit and may require verification by affidavit or otherwise
of any matter then or previously submitted.

Section 4 (1). Words "within ten days" after "may" in line 2, deleted
to conform to practice.

Section 4 (2). The requirement of a special direction for a "temporary
registration" is dispensed with to conform to practice.

$500 bond
by every
broker and
applicant.

Bond

by a surety

company if

required.

New bond.

Forfeiture
of bonds.

$500 bond.

6. — (1) Every applicant for registration as a broker shall
before registration submit a bond by the applicant or the
person or company he represents as the Registrar may
require, such bond be be in the sum of $500 and in such form
and upon such condition as the Regulations shall prescribe.

(2) The Registrar may and when so directed by the
Attorney-General shall require any applicant or any registered
person or company within a specified time limit to deliver a
bond by a surety company approved by the Attorney-General
or any other bond in such form and upon such condition as
the Regulations shall prescribe, and in such amount as the
Regulations or the Attorney-General shall require.

(3) The Registrar may and when so directed by the
Attorney-General shall require a new bond of the kind men-
tioned in subsections 1 or 2 to be filed within a specified time
limit.

7. — (1) Any bond mentioned in section 6 shall be forfeit
and the sum named therein shall become due and owing by
the person or company bound thereby as a debt to His
Majesty in right of the Province of Ontario when there has
been filed with the Registrar the Attorney-General's certificate
that the broker in respect of whose conduct the bond is
conditioned, or any official of the broker has, in connection
with a trade in a security, been, —

(a) in the case of the bond mentioned in subsection 1 of
section 6,

Bond

by surety

company.

(i) charged with any criminal offence, or,

(ii) found upon investigation by the Attorney-
General or his representative to have com-
mitted a fraudulent act, or

(b) in the case of the bond mentioned in subsection 2 of
section 6,

(i) convicted of a criminal offence, or

(ii) convicted of an offence against any provision
of this Act or the Regulations, or

(iii) enjoined by the Supreme Court or a Judge
thereof otherwise than by an interim in-
junction.

(iv) a party to civil proceedings in the courts
as a result of which final judgment has

Section 7 (1) Deletion of words "employee or salesman" after "official"
in line 7, removes a somewhat unreasonable responsibility from the surety
companies.

" Broker" replaces "person or company."

Section 7 (1) (6) (iv). This makes the surety bond available to a judge-
ment creditor who has obtained judgment from a broker who has defrauded
him.

been given against such person, company
or official in connection with a trade in
a security where such judgment is based
upon a finding of fraud.

upon bank- (2) Any bond mentioned in section 6 shall be forfeit
windmg'up ^"^ ^^^ ^""^ named therein shall become due and owing by
proceedings, the person or company bound thereby as a debt to His
Majesty in right of the Province of Ontario when there has
been filed with the Registrar a certificate signed by the
Attorney-General that proceedings by or in respect of the
broker or salesman in respect of whose conduct the bond
is conditioned have been taken under The Bankruptcy Act, or
by way of winding up.

Assignment
of bond or
payment of
moneys to
creditors.

(3) The Attorney-General may assign any bond forefeited
under the provisions of subsections 1, or 2, or may pay over
any moneys recovered thereunder to any person, or to the
accountant of the Supreme Court in trust for such persons and
companies as may become judgment creditors of the person or
company bonded, or to any trustee, custodian, interim
receiver, receiver or liquidator of such person or company as
the case may be, such assignment or payment over to be in
accordance with and upon conditions set forth in the Regula-
tions or in any special order of the Lieutenant-Governor in
Council.

Attorney-
General's
orders con-
cerning
applications.

8. — (1) The Attorney-General may order that, —

{a) any application for registration, renewal, or change of
registration shall or shall not be granted for any
reason which he may deem sufficient, or that

Deceptive
names.

Temporary
entries.

{h) the application of any person for registration shall
not be granted where it appears that such person
proposes to use or is using a trading name other
than his own, or that of his partner, where such
trading name is apt to lead the public to believe it
is that of a business firm of longer established stand-
ing in Ontario, or is calculated to conceal from the
public the identity of the applicant, or is for any
reason objectionable, or that

(c) any temporary entry in the register shall be made,
suspended or cancelled for any reason which he may
deem sufficient, or that

Registration
reduced or
cancelled.

(d) any registration shall be reduced to a temporary
registration or suspended or cancelled upon, —

Section 7 (2) "Broker" replaces " person or company,"

Section 7 (3). A misprint corrected.

Section 8 (1) (d). Extension of the power to reduce registration to
temporary registration as enacted in 1929.
"Broker" replaces "person or company."

(i) any proceedings being taken by or in respect
of the broker under The Bankruptcy Act or
by way of winding up, or

(ii) suspension from any stock exchange of any
broker or any representative upon any

stock exchange of any broker,

(iii) institution of criminal proceedings
against tlie broker or any official of the
broker, or

Suspension
or cancel-
lation for
default.

(iv) conviction of the broker or an official
of the broker of an offence against this
Act or the Regulations.

{e) the registration of any broker or salesman shall be
suspended for any period or cancelled by reason of
default in filing a bond when required under the
provisions of subsections 2 and 3 of section 6, or
that

Suspension
under Part
II.

(/) the registration of any broker or salesman shall be
suspended as provided in section 10,

and no order of the Attorney-General shall be subject to
review in any way in any court.

Entry or
suspension
or cancel-
lation.

(2) The Registrar upon receiving any order of the Attorney-
General suspending or cancelling any registration shall cause
immediate entry thereof to be made in the register whereupon
the suspension or cancellation shall become effective forthwith,
but notice thereof and of the refusal of any application shall be
sent to the broker or salesman concerned.

applanations. (>^) Notwithstanding any order of the Attorney-General a
further application may be made upon new or other material,
or where it is clear that material circumstances have changed.

PART II.

Investigation and Action by the Attorney-General.

Investi-
gation by
Attorney-
General"

9. — (1) The Attorney-General, or any person or persons
to whom as his representative or representatives he may in
writing delegate such authority, may examine any person,
company, property or thing whatsoever at any time in
order to ascertain whether any fraudulent act, or any offence
against this Act or of the Regulations has been, is being, or is
about to be committed, and for such purpose shall have the

Section 8 (1) (e), (/); Section 8 (2).
'person or company."

"Broker or salesman" replaces

Section 9 (1). The meaning of the section enabling the Attorney
General to examine any person "at any time" is clarified, and the question
of privilege, which was misunderstood by the trial judge in a recent case
is set forth better. The Act takes away the common law privilege of
objecting to produce documents on the ground that they might incriminate,
as this was untouched by The Evidence Act. The right to object under
that Act is retained, and only interfered with in section 11 (3).

same power to summon and enforce the attendance of wit-
nesses and compel them to give evidence on oath and to pro-
duce documents, records and things as is vested in the
Supreme Court or a Judge thereof for the trial of civil cases,
save that the provisions of rules of court or of law
relating to the service of subpoenas upon and to the
payment of conduct money or witness fees to witnesses
shall not apply and save further that no person shall
be entitled to claim any privilege in respect of any
document, record or thing asked for, given or produced
on the ground that he might be incriminated or
exposed to a penalty or to civil litigation thereby and
no evidence given shall be privileged except under The
Evidence Act and The Canada Evidence Act, and save
further that no provisions of The Evidence Act shall
exempt any bank or any officer or employee thereof from
the operation of this section.

Appoint-
ment of
accountants
and other
experts.

(2) When the Attorney- General, or his representa-
tive, is about to examine or is examining axiy person or
company under this section the Attorney- General
may appoint an accountant or other expert to examine
documents, records, properties and matters and report
thereon to him. •

give^nfoV^ (3) The failure without reasonable excuse of any person or

arf offence^°" ^'^'^P^'^y ^° furnish information required by the Registrar
and also under Part I within the time limited, or the failure without

prima facie , , - , ^ . .

evidence. reasonable excuse oi any person summoned tor exammation
under subsection 1 to appear or his refusal to give evidence
or to answer any question, or the failure without reasonable
excuse or refusal of any person or company to produce any-
thing where the evidence, answer or production would be
required in an action shall constitute an offence and shall
also be prima facie evidence upon which, —

(a) the Attorney-General, or his representative, may
base an affirmative finding concerning any fraudulent
act to which he may deem it relevant, or

(b) the Supreme Court, or a Judge thereof, may grant an

interim or permanent injunction, or

offence against this Act or the Regulations.

Evidence
not to be
disclosed.

(4) Disclosure by any person other than the Attorney-
General, his representative or the Registrar, without the
consent of any one of them, of any information or evidence

To remove any doubt as to whether or not a bank is exempt from
examination, it is expressly provided that The Evidence Act of 1929 shall
not affect the operation of the section.

Section 9 (2). This is to enable the appointment of expert accountants
engineers, etc., to investigate.

Attorney-
General
may

suspend for
over ten
days

and proceed
by injunc-
tion.

obtained or the name of any witness examined or sought to be
examined under subsection 1 shall constitute an offence.

10. If the Attorney-General or his representative upon
investigation finds that any fraudulent act, or that any
offence against this Act or the Regulations, has been, is being,
or is about to be committed, the Attorney-General

(a) may where a registered broker, company or salesman
is in his opinion concerned therein, order that the
broker, company or salesman and any other registered
broker, company or salesman connected with the
same organization, be suspended from registration
for any period not exceeding ten days, or

(b) may where he considers a suspension for ten days
inadequate, or where any unregistered person or
company is in his opinion concerned in such fraudu-
lent act or in such offence, proceed under the provi-
sions of section 11, or, otherwise under this Act
or the Regulations, or

by advertisement or otherwise or to any individual
by letter or otherwise, whenever he deems it advisable.

Supreme t i i r •

Court or H. — (1) The Supreme Court or any Judge thereof is

enjoin from hereby empowered upon the application of the Attorney-

secuHtles^ General, where it is made to appear upon the material filed or

evidence adduced that any fraudulent act, or any offence

against this Act or the Regulations has been, is being or is

about to be committed may by order enjoin, —

(a) any registered broker, company or salesman or any
person or company implicated with any of them in
the same matter from trading in any security what-
ever absolutely or for such period of time as shall
seem just, and any such injunction shall ipso facto
suspend the registration of any registered person or
company named in the order during the same period,
or

Notice of
fraud.

Application
may be ex
parte

(b) any person or company from trading in any security
whatever, or in any specific security, or from com-
mitting any specific fraudulent act or series of
fraudulent acts absolutely or for such period of time
as shall seem just.

(2) The application of the Attorney-General under sub-
section 1 may be made without any action being instituted,
either, —

or by

originating

notice.

(a) by an ex parte motion for an interim injunction which
shall, if granted, remain in full force for ten days
from the date thereof unless the time is extended or
the originating motion mentioned in clause b hereof
is sooner heard and determined, or

(b) by an originating notice of motion, which, if an

interim injunction has been granted, shall be served
within five and returnable within ten days from the
date of such interim injunction.

Evidence.

Rev. Stat.
C. 107.

(3) Any information, evidence, exhibit or thing obtained by
the Attorney-General or his representative or the Registrar
under the provisions of this Act or the Regulations, or copies
thereof, or statement that a person or company is or is
not registered or other data concerning registration
certified by the Attorney-General or the Registrar without
proof of the office or signature of the person certifying,
shall, so far as relevant, be receivable in evidence for all
purposes in any action, proceeding or prosecution and, in
proceedings under this section only, the evidence of a witness
may be used against him notwithstanding anything in The
Evidence Act contained.

Attorney-
GeneraT
may order
funds, etc.,
to be held.

12. — (1) The Attorney-General may, —

(a) when he is about to examine or during or after the

examination of any person or company under the
provisions of section 9, or

(b) when he is about to apply for or has applied for or

has obtained an injunction interim or otherwise
against any person or company under the provisions
of section 11, or

connected with or arise out of any security or any
trade therein, or out of any business conducted by
the accused are about to be or have been instituted
against any person,

Section 11 (3). The Registrar is enabled to certify as to registration
without having to attend and give evidence.

Section 12 (1). The power to hold funds and securities is extended
somewhat.

hold all funds or securities of clients or others in his
possession or control in trust for any interim receiver,
custodian, trustee, receiver or liquidator appointed under the
provisions of The Bankruptcy Act, The Judicature Act, The
Companies Act or The Winding Up Act, or until the Attorney-
General in writing revokes such direc'ion or consents to re-
lease any particular fund or security from such direction, and
failure without reasonable excuse by any person or company
to comply with any such direction shall constitute an ofTence,
Proviso. provided that no such direction shall apply to funds or
securities in a stock exchange clearing house nor to securities
in process of transfer by a transfer agent unless such direction
expressly so states, and in the case of a bank, loan or trust
company the direction shall only apply to the offices, branches
or agencies thereof named in the direction.

f^r ^direct k)n. (2) Any person or company in receipt of a direction given
under subsection 1, if in doubt as to the application of such
direction to any funds or security, or in case of a claim being
made thereto by any person or company not named in such
direction, may apply to the Supreme Court or a judge thereof
who may direct the disposition of such fund or security and
may make such order as to costs as may seem just.

Regisfrars ^^^ ^" ^"^ °^ ^^^ circumstauccs mentioned in clauses

of Deeds or (a), (6) or (c) of subsection 1, the Attorney-General may in
Titles. writmg or by telegram notify any Registrar oi Deeds or

Master of Titles or any Local Master of Titles or any Mining
Recorder that proceedings are being or are about to be taken
which may affect land or mining claims belonging to the
person or company referred to in the said notice which
notice shall be registered against the lands or claims men-
tioned therein and shall have the same effect as the registration
of a certificate of lis pendens, save that the Attorney-General
may in writing revoke or modify such notice.

fa^ke'bank- (^) '^^e Attorney-General, whenever His Majesty becomes
ruptcy pro- a creditor of any person or company in respect of a debt to

ceedings, etc. ,^ ..* , .. i- • y it

the Crown arising from the provisions ot sections o and 7,

may take such proceedings as he shall see fit under The

R.s.'c, cc. Bankruptcy Act, The Judicature Act, The Companies Act or

(Dom.^)', ^^^ Winding Up Act for the appointment of an interim

^®^88^2\^8 receiver, custodian, trustee, receiver or liquidator as the

case may be.

PART III.

Judge

not persona

designata

General Provisions.

13. — (1) A judge of the Supreme Court in exercising any
of the powers conferred upon such judge by this Act shall be
deemed so to act as a judge of such court and not as persona
designata.

nor

Attorney-
General.

(2) The Attorney-General shall in all proceedings under
this Act or the Regulations be deemed to be acting as the
representative of His Majesty in the right of the Province of
Ontario, and not as persona designata.

Act and (3) The provisions of The Judicature Act and the Con-

Rev^^stat^l^' solidated Rules of Practice and Procedure made thereunder
c. 88. gQ f^j. ^g they are applicable to proceedings of a like nature,

including those relating to appeals and to the enforcement of
judgments and orders, shall apply to every proceeding before
the Supreme Court or a judge thereof under the provisions of
this Act, save that service of notices and other legal process
shall be in accordance with subsection 2 of section 5 and save
that costs may be awarded to but not against the Attorney-
General.

No action,
etc., against
persons ad-
ministering
this Act.

14. No action whatever, and no proceedings by way
of injunction, mandamus, prohibition or other extraordinary
remedy shall lie or be instituted against any person whether
in his public or private capacity or against any company in
respect of any act or omission in connection with the adminis-
tration or carrying out of the provisions of this Act or the
Regulations where such person is the Attorney-General or his
representative, or the Registrar or where such person or
company was proceeding under the written or verbal direction
or consent of any one of them, or under an order of the Supreme
Court or a judge thereof made under the provisions of this Act.

ge^ne^^ai*^^'^^' 1^- The Lieutenant-Governor in Counci^l may make and
powers. from time to time amend, alter or repeal regulations not in-

consistent with this Act for the better carrying out of the
provisions of this Act, for the more efificient administration
thereof and for the prevention of fraud in trading in securities
whether upon any stock exchange or elsewhere in. Ontario
for the creation of offences, and for any other purpose else-
where indicated in this Act, and all such regulations and any
amendment, alteration or repeal thereof shall become effective
in all respects as if enacted in this Act upon the publication
thereof in the Ontario Gazette.

Penalties.

Rev. Stat,
c. 121.

16. — (1) Every person who violates any provision of this
Act or the Regulations designated as an offence, or who does
any fraudulent act not punishable under the provisions of
the Criminal Code of Canada, shall be liable upon conviction
thereof under The Summary Convictions Act to a penalty of
not more than $1,000 for a first offence, nor $2,000 for a
second or subsequent offence, and in case of either a first or a
subsequent offence either in default of payment of any penalty
imposed, or in addition to such penalty, to imprisonment for a
term not exceeding six months.

Companies.

(2) The provisions of subsection 1 shall be deemed to apply
mutatis mutandis, to any company save that the money
penalties may be increased in the discretion of the magistrate
to a Slim not exceeding $25,000.

Apportion-
ment of
penalty on
company
among
officers, etc.

(3) Where any company is convicted under this Act the
magistrate may direct that, in default of payment of the
penalty imposed, proportionate parts thereof shall be paid
by such officers, directors, officials or employees of the
company, and in such amounts as he shall designate, and in
default of payment by any person so designated the magistrate
may impose a penalty of imprisonment for a term not exceed-
ing six months.

Consent
of the
Attorney-
General
required.

(4) No proceedings under this section shall be instituted
except with the consent or under the direction of the Attorney
General.

Collection of 17. Where in consequence of an investigation under

costs of in- „ TT r , . » 11

vestigation. Part II of this Act, any person or company has been, —

(a) convicted of a criminal offence; or

{b) convicted of an offence against any provision of this
Act or the Regulations ; or

otherwise than by an interim injunction, or

(d) examined and documents, records, properties
or matters have been examined by an account-
ant or other expert appointed by the Attorney-
General.

the Attorney-General may certify in writing as to the costs
of the investigation and shall be entitled to take such proceed-
ings as are available to a judgment creditor for the collection
from such person or company of the sum set forth in such

Section 17 {d). Extends the remedy of recovering the costs of an
investigation.

certificate, which sum shall be a debt to His Majesty in right
of the Province of Ontario.

Execution
of warrant
issued in
another
province.

18. — (1) Where a police magistrate or justice of
another province issues a warrant for the arrest of any
person on a charge of violating any provision of The
Security Frauds Prevention Act or any similar statute
of that province, any police magistrate or justice of
Ontario within whose jurisdiction that person is or is
suspected to I e may upon satisfactory proof of the hand-
writing of the police magistrate or justice who issues
the warrant make an endorsement thereon in the form
prescribed by the regulations, and a warrant so endorsed
shall be sufficient authority to the person bringing the
warrant and to all other persons to whom it was origin-
ally directed and to all police constables within the
territorial jurisdiction of the police magistrate or justice
so endorsing the warrant to execute it within that
jurisdiction and to take the person arrested thereunder
either out of or anywhere in Ontario and to rearrest
such person anywhere in Ontario.

fransit^'^ '"^ (2) Any police constable of Ontario or of any other
province of Canada who is passing through Ontario
having in his custody a person arrested in another
province under a warrant endorsed in pursuance of
subsection (1) hereof shall be entitled to hold^ take and
rearrest the accused anywhere in Ontario under such
warrant without proof of the warrant or the endorsement
thereof.

Expenses.

Rev. Stat.
C. 25.

19. Section 17 of The Audit Act shall apply in respect of
any legislative appropriation for the administration of this
Act.

PART IV.

Audit, Accounts, Information.

Inter-
pretation.

"Brokers'
Auditor."

20.— (1) In this Part:

(a) "Brokers' Auditor" shall mean an accountant
whose name is on the panel of accountants approved
by an executive committee.

Exchange
Auditor.

(b) "Exchange Auditor" shall mean an accountant
who shall have practiced as such in the Prov-
ince for not less than ten years and who is
employed by the executive committee.

Section 18. This corresponds largely to section 662 of the Criminal
Code, and will enable the Provinces to aid each other in capturing undesir-
ables accused of offences against this Act.

Section 20 (1) (b). Slightly recast.

"Executive
Committee.

Panel

of broilers'

auditors.

Exchange
auditor.

(c) "Executive Committee" shall include the board
of directors, managing committee or other governing
committee of a stock exchange in Ontario.

(2) Every executive committee shall from time to time
select a panel of accountants each of whom shall have prac-
tised as such in Ontario for not less than five years and shall
be known as a brokers' auditor, and shall also employ an
exchange auditor.

Allotment
of audits.

(3) The executive committee shall allot to each brokers'
auditor the persons or companies, whether members of or
represented upon the exchange, which are to be audited by
him, and all of the expenses of every audit are to be paid
to the brokers' auditor by the executive committee, subject
to full repayment forthwith by the person or company audited,
and until such repayment is made the executive committee
shall have a lien upon the seat belonging to or controlled by
the person or company so indebted to the executive committee.

Duties of
auditor.

(4) Every brokers' auditor shall in each year audit
the assets and liabilities as at a permanent date in each
year fixed by the executive committee and prepare a
balance sheet showing the position as at such date of
the business and affairs of each person or company
allotted to him, and shall also in each year make a like
audit and prepare a like balance sheet as of a date
designated by the executive committee, such last
mentioned date to be not earlier than four months nor
later than eight months from the permanent date in
such year, and shall also make such further audit and
prepare such further statements and make such further
reports as such auditor may think advisable or as the
executive committee may direct; no warning or notice
shall in any way be given of any audit, other than that
of the permanent date.

Special
audit.

Powers of
auditors.

(5) The executive committee of a stock exchange may
at any time require any brokers' auditor upon the panel of
accountants of the exchange to make any general or special
audit or report upon the whole or any aspect of the business
or affairs of any person Or company who is or has been a
member of or in any way represented upon the exchange.

(6) Every brokers' auditor, for ths purpose of any audit
under the provisions of this section shall be entitled to free
access to all books of account, securities, cash, documents,
bank accounts, vouchers, correspondence and records of
every description of the person or company being audited,
and any person or company withholding, destroying, con-

Section 20 (2). As the principal exchanges have put this audit into
effect, It is well to force the smaller ones to comply. Hence "may" is
replaced by "shall."

Section 20 (4). Somewhat altered so that one audit will be at a fixed
date in order to let it be used as the end of a fiscal year, for purposes of
income tax, etc. The other audit will be at random.

¥^

cealing or refusing to give any information or thing reasonably
required by the auditor for the purpose of his audit, shall be
guilty of an offence.

^ports!^^ (7) Every brokers' auditor during or upon the complet on

of every statement and audit under the provisions of this
section shall send a copy of every report whether interim or
final to the exchange auditor and shall in addition specially
report to such auditor any particular information which may
be required under the by-laws, rules or regulations of the
exchange and any further information which the brokers'
auditor deems it to be in the public interest so to report,
and the exchange auditor shall su r marize all information so
received, and report thereon to the executive committee for
scrutiny, identifying the person or company affected thereby
by number only until the executive committee decides to
take action in respect of any such person or company, or
until the exchange auditor thinks it advisable in the
public interest or in the interests of the Exchange to
disclose such name to the executive committee.

Power to
examine.

(8) Any person designated in writing by an executive
committee may examine under oath any member of the
exchange or any officer of any company represented thereon,
or any associate or employee of any such person or company
upon any matter arising out of any report of a brokers'
auditor and for the purposes of such inquiry the person so
designated shall have all the powers which a representative
of the Attorney- General may exercise under section 9
hereof.

Failure
to comply.

Change of (9) Any executive committee may in writing, require any

system. person or company whose affairs have been audited or are

being audited to alter, supplement or replace any system of
book or record keeping in any manner "and to comply with
any recommendation made by the exchange auditor,"
and any requirement of such executive committee.

(10) Failure by any person or company, a member of or
represented upon any stock exchange, to comply with any
requirement of the executive committee of the exchange, or
any person designated by it under subsection 8 hereof, shall
constitute an offence and shall entitle the executive committee
to suspend such person or member representing such company
for such period as the said committee shall determine.

agatnst^^ (11) No action shall lie against any stock exchange,

auditors, etc. executive committee or any member thereof, or any person
designated by it under subsection 8 hereof, or against any
brokers' or exchange auditor in respect of any act or proceed-
ing, under the provisions of this section.

Section 20 (7). Slightly redrawn so as to give the exchange auditor a
broader discretion.

Section 20 (8). Gives the designee of the executive committee more
clear-cut powers.

Section 20 (9). Gives the exchanges absolute power to enforce the
recommendations of the exchange auditor.

Section 20 (11). Protects the exchanges also.

Selling

against

customers'

buying

orders.

Customer's

contract

voidable.

An offence.

PART V.

Regulation of Trading.

21. — (1) Whenever a person, or a member or em-
ployee of a partnership, or a director, officer or em-
ployee of a corporation, while he, or the partnership or
corporation is employed as a broker by any customer
o buy and carry upon margin any securities of any
incorporated or unincorporated company or under-
taking either in Canada or elsewhere, thereafter sells
or causes to be sold, securities of the same company
or undertaking for any account in which

(a) he, or

(b) his firm or a partner thereof, or

has a direct or indirect interest, if the effect of such
sale shall otherwise than unintentionally be to reduce
the amount of such securities in the hands of the
broker or under his control in the ordinary course of
business below the amount of such securities which
he should be carrying for all customers, any such
contract with a customer shall at the option of such
customer be void, and the customer may recover from
the broker all moneys paid with interest thereon or
securities deposited in respect thereof, and the broker
shall be guilty of an offence.

Exercise of (2) The customer may exercise such option by a
registered letter to that effect addressed to the broker
at his address for service in this Province.

Confirma-
tion to
customers.

22. Every broker who has acted as an agent for a
customer shall promptly send or deliver to each cus-
tomer for whom any security has been bought or sold
by the broker, a written confirmation of the transac-
tion, setting forth :

(a) the quantity and description of the security.

(b) the name of the person or company from or to
whom the security was bought or sold.

(c) the day, and in the case of a member of a stock
exchange, the half hours between which, and
the name of the stock exchange, upon which,
the transaction took place.

Section 21. This is directed at the practice of a broker selling for his
own account against a customer's buying order, thus preventing the
purchase from having any effect upon the market, and relieving the
broker from carrying the stock.

The customer, who has been so treated may elect to treat the contract
as void, and recover whatever he paid with interest.

The act is also an offence.

Section 22. Provides more extensive information so customers can
trace transactions and ascertain whether they were charged higher than
the price paid by the broker.

and failure, without reasonable excuse, to comply
herewith shall constitute an offence.

23. Every stock exchange shall keep a record showing
the time at which each transaction on such exchange
took place and shall supply to any customer of any
member of such exchange, upon production of any
written confirmation of any transaction with any such
member, particulars of the time at which such trans-
action took place and certification or otherwise of the
matters set forth in such confirmation.

1919: c 51.' 24. The Security Frauds Prevention Acts, 1928 and
repealed. 1929, are hereby repealed.

Ass^n\ '^^ ^^^^ ^^^ shall come into force on the cay upon

which it receives the Royal Assent.

0^5

>
§>

3 n

n n-
o

^ o"
o P

No. 75

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act for the Prevention of Fraiid in connection with the

Sale of Securities.

Mr. Price

TORONTO

Printed by Herbert H, Ball,

Printer to the King's Most Excellent Majesty

No. 75.

1930.

BILL

An Act for the Prevention of Fraud in connection
with the Sale of Securities.

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

Short Title.

Interpreta-
tions.

1 . This Act may be cited as The Security Frauds Prevention
Act, 1930.

2. In this Act—

"Broker."

"Company.'

"Fraud."

(a) "Broker" shall mean every person other than a
salesman who engages either for the whole or part
of his time directly or through an agent in the
business of trading in securities and shall include
a company, and such officials of a c mpany or
partnership which trades in securities as may be
designated by the Regulations, and shall include a
security issuer except where the context clearly
indicates the contrary.

(b) "Company" means any incorporated corporation,
association or other organization.

addition to their ordinary meaning, include :

(i) any intentional misrepresentation by word,
conduct or in any manner of any material
fact either present or past, and any intentional
omission to disclose any such fact;

(ii) any promise or representation as to the
future which is beyond reasonable expectation
and not made in good faith;

(iii) any fictitious or pretended trade in any
security ;

Explanatory Note.

The Act is re-enacted for greater convenience, so that the proper eflFect
of the amendments of 1929 and 1930 may be more readily understood.
The changes for 1930 are indicated in blacker type than the body of the
Bill.

Section 2 (o). The definition is extended to include a company in order
to save repetition later on, and to include companies, syndicates, etc.,
which issue only their own stock, units, etc. Former reference to a trustee
capacity is deleted.

Section 2 (b). Rearranged for greater clarity.

(iv) the gaining or attempt to gain, directly or
indirectly, through a trade in any security, a
commission, fee or gross profit so large and
exorbitant as to be unconscionable and
unreasonable ;

(vii) the violation of any provision of this Act or
of the Regulations relating to trading in
securities;

(viii) generally any artifice, agreement, device or
scheme course of conduct or business to

"Person." ^^-^ "Person" shall mean an individual, partnership,

association, syndicate and any unincorporated or-
ganization.

"Registrar," (g) "Registrar" shall mean the person appointed by the

Lieutenant-Governor in Council to act as Registrar
under the provisions of this Act and the Regulations.

timif."^^" (/) "Regulations" shall mean the regulations made from

time to time by the Lieutenant-Governor in Council
under the provisions of this Act.

•Salesman." (g) "Salesman" shall mean every person employed,

appointed or authorized by any broker or company
to trade in securities whether directly or through
sub-agents.

Section 2 (c) (iv). The words "gross profit" prevent any argument as
to whether "net profit" might have been meant.

Section 2 (c) (v). Amended to include deceit of one who has a security
to exchange for what may prove to be one of less value.

Section 2 (c) (vii). More concisely worded.

Section 2 (c) (viii). Rearranged with the addition of the power to add
further definitions.

Section 2 (d). Reference to a trustee capacity is deleted.

"Security.

"Security
Issuer."

(h) "Security" shall include,

(a) any document, instrument or writing
commonly known as a security, or

(b) any document constituting evidence of
title to or interest in the capital, assets,
property, profits, earnings or royalties
of any person or company ; or

(d) any document constituting evidence of
an interest in any option given upon a
security, or

(e) any document designated as a security by
the regulations.

(i) "Security issuer" shall include a company or
person, other than an individual, trading in
securities of its own issue and not trading
generally in other securities.

Tra e.

(j) "Trade" or "Trading" shall include any solicitation
or obtaining of a subscription to, disposition of,
transaction in, ox attempt to deal in, sell or dispose
of a security or interest in or option upon a security
for any valuable consideration whether the terms of
payment be upon margin, instalment or otherwise,
and any underwriting of any issue or part of an
issue of a security, and any act, advertisement,
conduct or negotiation directly or indirectly in
furtherance of any of the foregoing or specifically
designated as "trade" or "trading" in the Regula-
tions.

PART I.
Registration of Brokers and Salesmen.

3. — (1) No person shall, —

Brokers,
officials and
salesmen to
register.

(a) trade in any security unless he is registered as a
broker or salesman of a registered broker, or

Section 2 {h). The definition is merely rearranged.

Section 2 {i). A new definition to distinguish the company selling Its
own stock from the general broker.

Section 2 {j). Amended to cover the solicitations of subscriptions to
capital stock, to overcome any possible restriction upon the scope of the
definition.

Note. — A former definition of "trustee" Is deleted as superfluous.

(&) act as an official of or on behalf of any partnership or
company in connection with any trade in any
security by the partnership or company, unless he
or the partnership or company is registered as a
broker,

and such registrations have been made in accordance with
the provisions of this Act and the Regulations, and any
violation of this section shall constitute an offence.

Partnership (2) With the approval of the Attorney-General, any
may°be^^"^ partnership or company may be registered as a broker,
registered, whereupon the partnership or company may trade in
securities, and the members and officials of the partnership,
and the officials of the company other than branch managers
or salesmen of the partnership or company, may act as such
without separate registration, and the provisions of this Act,
and of the Regulations relating to registered persons or
companies, shall be deemed to apply to such partnership or
company.

Exemptions. 4 Registration shall not be required in respect of

any of the following classes of trades or securities, —

Judicial (o) A trade in a security taking place at a judicial,

^^^®^- executor's, administrator's, guardian's or committee's

sale, or at a sale by an authorized trustee or assignee,
an interim or official receiver or a custodian under
R.s.c. CO. The Bankruptcy Act, a receiver under The Judicature

(p'om )■ Act, or a liquidator under The Companies Act or

?o^^88.^2i8. ^he Winding Up Act..

Isolated. (J)) An isolated trade in a specific security by or on

by owner. behalf of the owner, for the owner's account, where

such trade is not made in the course of continued
and successive transactions of a like character, and
is not made by a person whose usual business is
trading in securities.

Banks, etc., (A A trade where one of the parties is a bank, loan

Crown, ^ ^

municipal company, trust company or insurance company, or

officials, and is an official or employee, in the performance of his

registered
persons, etc.

Section 4. Formerly section 3 {3). Phraseology slightly changed.

Section 4 {b). Formerly section 3 {3). {b). Amended to cover cases that
have arisen of salesmen who have been refused registration trying to evade
the Act.

Sale by-
pledgee for
debt.

id)

A trade by or for the account of a pledgee or mort-
gagee for the purpose of liquidating a bona fide debt
by selling or offering for sale or delivery in good faith
in the ordinary course of business a security pledged
in good faith as security for such debt.

stock

dividends,

etc.

(e) The distribution, issuance or sale by a company,
exclusively to the holders of its securities of capital
stock, bonds or other securities as a stock dividend or
other distribution out of earnings or surplus, or in
the process of a bona fide reorganization of the
company, or of additional capital stock where no
commission or other remuneration is paid or given
in connection therewith.

Exchange
on merger.

(f) The exchange by or on account of one company with
another company of its own securities in connection
with a consolidation, amalgamation or merger of
either company.

Prospector's
"grubstake"
or share in
claim.

(g) A trade in good faith by an actual prospector of a
security issued by him for the purpose of financing a
prospecting expedition, or for the purpose of dis-
pOvSing of any of his interest in a mining claim or
property staked by or wholly or partly owned by
him.

Trust.

(h) Securities in which trust funds may lawfully be
invested in Ontario.

Secured
bonds.

Negotiable
paper.

(j) Negotiable promissory notes or commercial paper
maturing not more than a year from the date of

issue.

Securities
based upon
conditional
sales.

(k) Securities evidencing indebtedness due under any
contract made pursuant to the provisions of any
statute of any province of Canada providing for the

Section 4 (i). Formerly section 3 (3) (i). Slight amendment to super-
sede a similar regulation.

Shares of
non-proflt-
shanng
companies.

Trades or
securities
exempted
by Regu-
lations.

Company
stoclc sales
to employees.

Stock

of private

company.

Registration
within ten
days unless
Attorney-
General
objects.

Temporary
registration.

Expiration,
change and
renewal of
registration.

Application
to be upon
forms with
proper fees
and bonds.

Address
for service.

Further
information.

acquisition of personal property under conditional
sale contracts.

(/) Securities issued by a person or company organized
exclusively for educational, benevolent, fraternal,
charitable, or recreational purposes and not for
pecuniary profit, where no part of the net earnings
thereof enure to the benefit of any security holder.

(m) Any class of trade or security specifically exempted
from the application of subsections 1 and 2 of this
section by the Regulations.

(n) Securities traded by a company with its employees
who are not induced by expectation of employment
or continued employment.

(o) The issuance of its own securities by a private
company."""^!

5. — (1) Unless the Attorney-General otherwise directs the
Registrar may after the receipt by him of any application for
registration cause to be entered in a book kept for such
purpose and open to public inspection, hereinafter called the
"Register," the name and address for service of such
applicant, whereupon such applicant shall be deemed to be
registered temporarily or otherwise as a broker or salesman as
the case may be.

(2) The Registrar may cause a temporary entry to be
made, designated as such, in the register, subject to cancella-
tion at any time upon the order of the Attorney-General.

(3) Registrations shall expire, and may be changed or
renewed as the Regulations shall provide.

6. — (1) Every application under this Act or the Regulations
shall be made in writing upon the forms provided by the
Registrar, and shall be accompanied by the fee prescribed by
the Regulations and such bond as may be required.

Section 4 (n). To relieve companies selling stock to employees in
faith.

Section 4 (o). In relief of private companies.

Section 5 {1), formerly section 4 (1). Words "within ten days" after
may" in line 2, deleted to conform to practice.

Section 6 (2), formerly section 4 (2). The requirement of a special
direction for a "temporary registration" is dispensed with to conform to
practice.

by°ever°y ^ "7. — (1) Every applicant for registration as a broker shall

app^kjan"^ before registration deliver a bond by the applicant or the

person or company he represents as the Registrar may

require, such bond be be in the sum of $500 and in such form

and upon such condition as the Regulations shall prescribe.

by "a^ surety (^) ^^^ Registrar may and when so directed by the
compajiy if Attorney-General shall require any applicant or any registered
person or company -within a specified time limit to deliver a
bond by a surety company approved by the Attorney-General
or any other bond in such form and upon such condition as
the Regulations shall prescribe, and in such amount as the
Regulations or the Attorney-General shall require.

New bond.

Forfeiture
of bonds.

(3) The Registrar may and when so directed by the
Attorney-General shall require a new or an additional bond
of the kind mentioned in subsections 1 or 2 to be filed within
a specified time limit.

8. — (1) Any bond mentioned in section 6 shall be forfeit
and the sum named therein shall become due and owing by
the person or company bound thereby as a debt to His
Majesty in right of the Province of Ontario when there has
been filed with the Registrar the Attorney-General's certificate
that the broker or salesman in respect of whose conduct the
bond is conditioned, or any official of the broker has, in
connection with a trade in a security, been, —

$500 bond (q^) jn the case of the bond mentioned in subsection 1 of

section 7,

(i) charged with any criminal offence, or,

(ii) found upon investigation by the Attorney-
General or, his representative to have com-
mitted a fraudulent act, or

Bond

by surety

company.

(b) in the case of the bond mentioned in subsection 2 of
section 7,

(i) convicted of a criminal offence, or

(ii) convicted of an offence against any provision
of this Act or the Regulations, or

(iii) enjoined by the Supreme Court or a Judge
thereof otherwise than by an interim in-
junction.

(iv) a party to civil proceedings in the courts
as a result of which final judgment has

Section 8 (J), section 7(1). Deletion of words "employee or salesman"
after "official" in line 7, removes a somewhat unreasonable responsibility
from the surety companies.

"Broker or salesman" replaces "person or company."

Section 8 (/) (b) (iv), section 8 (1) (b) (iv). This makes the surety bond
available to a judgment creditor who has obtained judgment from a broker
who has defrauded him.

been given against such person, company
or official in connection with a trade in
a security where such judgment is based
upon a finding of fraud.

Forfeiture
upon bank-
ruptcy or
•winding up
proceedings.

(2) Any bond mentioned in section 6 shall be forfeit
and the sum named therein shall become due and owing by
the person or company bound thereby as a debt to His
Majesty in right of the Province of Ontario when there has
been filed with the Registrar a certificate signed by the
Attorney-General that proceedings by or in respect of the
broker or salesman in respect of whose conduct the bond
is conditioned have been taken under The Bankruptcy Act, or
by way of winding up.

Assignment
of bond or
payment of
moneys to
creditors.

■Q^-^y^. (4) The Attorney-General, whenever His Majesty becomes

ceedfngs'^etc ^ Creditor of any person or company in respect of a debt to

the Crown arising from the provisions of sections 6, 7 and 8,

R.S.C, oc.
11, 213.
(Dom.),
Rev. Stat.
cc. 88, 218.

Attorney-
General's
orders con-
cerning
applications.

may take such proceedings as he shall see fit under The
Bankruptcy Act, The Judicature Act, The Companies Act or
The Winding Up Act for the appointment of an interim
receiver, custodian, trustee, receiver or liquidator as the
case may be.

9. — (1) The Attorney-General may order that, —

(a) any application for registration, renewal, or change of
registration shall or shall not be granted for any
reason which he may deem sufficient, or that

Deceptive
names.

(6) the application of any person for registration shall
not be granted where it appears that such person
proposes to use or is using a trading name other
than his own, or that of his partner, where such
trading name is apt to lead the public to believe it
is that of a business firm of longer established stand-
ing in Ontario, or is calculated to conceal from the
public the identity of the applicant, or is for any
reason objectionable, or that

Section 8 (2) "Broker" replaces " person or company."

Section 5 (3). A misprint corrected.

Section 8 (4). Formerly section 12 (4).

Section 9 (1) (d). Extension of the power to reduce registration to
temporary registration as enacted in 1929.
"Broker" replaces "person or company."

Temporary-
entries.

Registration
reduced or
cancelled.

(c) any temporary entry in the register shall be made,
suspended or cancelled for any reason which he may
deem sufficient, or that

(d) any registration shall be reduced to a temporary
registration or suspended or cancelled upon, —

(i) any proceedings being taken by or in respect
of the broker under The Bankruptcy Act ov
by way of winding up, or

(ii) suspension from any stock exchange of any
broker or any representative upon any
stock exchange of any broker, or

(iii) institution of criminal proceedings
against the broker or any official of the
broker, or

(iv) conviction of the broker or an official
of the broker of an offence against this
Act or the Regulations.

(/) the registration of any broker or salesman shall be
suspended as provided in section 11,

and no order of the Attorney-General shall be subject to
review in any way in any court.

Further (3) Notwithstanding any order of the Attorney-General a

app ica ions, f^j-^jl^gj. application may be made upon new or other material,

or where it is clear that material circumstances have changed.

Suspension
or cancel-
lation for
default.

Suspension
under Part
II.

Entry or
suspension
or cancel-
lation.

Investi-
gation by
Attorney-
General.

PART II.
Investigation and Action by the Attorney-General.

10. — (1) The Attorney-General, or any person or persons
to whom as his representative or representatives he may in
writing delegate such authority, may examine any person.
company, property or thing whatsoever at any time in
order to ascertain whether any fraudulent act, or any offence
against this Act or of the Regulations has been, is being, or is
about to be committed, and for such purpose shall have the

Section P (1) (e), (/); Section 8 (2). "I'roker or salesman" re(;iaces
'person or company."

Section 10 (I), formerly section 9 (/). The meaning of the section en-
abling the Attorney-General to examine any person "at any time" is
clarified, and the question of privilege, which was misunderstood by the
trial judge in a recent case is set forth better. The Act takes away the
common law privilege of objecting to produce documents on the ground
that they might incriminate, as this was untouched by The Evidence Act.
The right to object under that Act is retained, and only interfered with in
section 12 (3).

Appoint-
ment of
accountants
and other
experts.

(2) When the Attorney-General, or his representa-
tive, is about to examine or is examining any person or
company under this section the Attorney- General
may appoint an accountant or other expert to examine
documents, records, properties and matters and report
thereon to him.

Svelnl'oV^- (^) The failure without reasonable excuse of any person or

nia^ion^^etc, company to furnish information required by the Registrar
and also under Part I within the time limited, or the failure without

prima facie , , ^ , r • , •

evidence. reasonable excuse of any person summoned tor exammation
under subsection 1 to appear or his refusal to give evidence
or to answer any question where the evidence or answer
could be required in an action or the failure without reasonable
excuse or refusal of any person or company to produce any-
thing shall constitute an offence and shall also be prima facie
evidence upon which, —

(a) the Attorney-General, or his representative, may
base an affirmative finding concerning any fraudulent
act to which he may deem it relevant, or

(b) the Supreme Court, or a Judge thereof, may grant an

interim or permanent injunction, or

offence against this Act or the Regulations.

Evidence
not to be
disclosed.

(4) Disclosure by any person other than the Attorney-
General, his representative or the Registrar, without the
consent of any one of them, of any information or evidence

To remove any doubt as to whether or not a bank is exempt from
examination, it is expressly provided that The Evidence Act of 1929 shall
not affect the operation of the section.

Section 10 (2). This is to enable the appointment of expert accountants,
engineers, etc., to investigate.

Attorney-

Qeneral

may

Buspsnd for
over ten
days

and proceed
by injunc-
tion.

Notice of
fraud.

obtained or the name of any witness examined or sought to be
examined under subsection 1 shall constitute an offence.

11. If the Attorney-General or his representative upon
investigation finds that any fraudulent act, or that any
offence against this Act or the Regulations, has been, is being,
or is about to be committed, the Attorney-General

(b) may where he considers a suspension for ten days

inadequate, or where any unregistered person or
company is in his opinion concerned in such fraudu-
lent act or in such offence, proceed under the provi-
sions of section 12, or, otherwise under this Act
or the Regulations, or

by advertisement or otherwise or to any individual
by letter or otherwise, whenever he deems it advisable.

12. — (1) The Supreme Court or any Judge thereof is

Supreme
Court or

enjoin from hereby empowered upon the application of the Attorney-
securities^ General, where it is made to appear upon the material filed or
evidence adduced that any fraudulent act, or any offence
against this Act or the Regulations has been, is being or is
about to be committed may by order enjoin,—

Application
may be ex
parte

(2) The application of the Attorney-General under sub-
section 1 may be made without any action being instituted,
either, —

or by-
originating
notice.

Attorney-
General
may order
funds, etc.,
to be held.

{b) by an originating notice of motion, which, if an
interim injunction has been granted, shall be served
within five and returnable within ten days from the
date of such interim injunction.

13. — (1) The Attorney-General may, —

(a) when he is about to examine or during or after the
examination of any person or company under the
provisions of section 10, or

(6) when he is about to apply for or has applied for or
has obtained an injunction, interim or otherwise
against any person or company under the provisions
of section 12, or

(c) where criminal proceedings which in his opinion are
connected with or arise out of any security or any
trade therein, or out of any business conducted by
the accused are about to be or have been instituted
against any person,

in writing or by telegram direct any person or company
having in Ontario on deposit or under control or for safe
keeping any funds or securities of the person or company so
to be or actually examined, enjoined or charged, to hold
such funds or securities or direct the person or company
so to be or actually examined, enjoined or charged to
refrain from withdrawing any such funds or securities
from any other person or company having any of them
on deposit, under control or for safe keeping, or to
hold all funds or securities of clients or others in his
possession or control in trust for any interim receiver,
custodian, trustee, receiver or liquidator appointed under the
provisions of The Ba?ikruptcy Act, The Judicature Act, The
Companies Act or The Winding Up Act, or until the Attorney-
General in writing revokes such direction or consents to re-
lease any particular fund or security from such direction, and
failure without reasonable excuse by any person or company
to comply with any such direction shall constitute an offence.
Proviso. provided that no such direction shall apply to funds or
securities in a stock exchange clearing house nor to securities
in process of transfer by a transfer agent unless such direction
expressly so states, and in the case of a bank, loan or trust
company the direction shall only apply to the offices, branches
or agencies thereof named in the direction.

Section 13 (1), formerly section 12 (1). The power to hold funds and
securities is extended somewhat.

Application
for direction

Notice to
Registrars
of Deeds or

Masters of
Titles.

(2) Any person or company in receipt of a direction given
under subsection 1, if in doubt as to the application of such
direction to any funds or security, or in case of a claim being
made thereto by any person or company not named in such
direction, may apply to the Supreme Court or a judge thereof
who may direct the disposition of such fund or security and
may make such order as to costs as may seem just.

(3) In any of the circumstances mentioned in clauses
(a), (b) or (c) of subsection 1, the Attorney-General may in
writing or by telegram notify any Registrar of Deeds or
Master of Titles or any Local Master of Titles or any Mining
Recorder that proceedings are being or are about to be taken
which may affect land or mining claims belonging to the
person or company referred to in the said notice which
notice shall be registered against the lands or claims men-
tioned therein and shall have the same effect as the registration
of a certificate of lis pendens, save that the Attorney-General
may in w-riting revoke or modify such notice.

Selling

against

customers'

buying

orders.

Customer's

contract

voidable.

An offence.

PART ///.

Regulation of Trading.

14. — (1) Whenever a person, or a member or em-
ployee of a partnership, or a director, officer or em-
ployee of a corporation, after he, or the partnership or
corporation has contracted as a broker ivith any customer
to buy and carry upon margin any securities of any
incorporated or unincorporated company or under-
taking either in Canada or elsewhere, and while such
contract continues sells or causes to be sold, securities of the
same company or undertaking for any account in which

(a) he, or

(b) his firm or a partner thereof, or

has a direct or indirect interest, if the effect of such
sale shall, otherwise than unintentionally, be to reduce
the amount of such securities in the hands of the
broker or under his control in the ordinary course of
business below the amount of such securities which
he should be carrying for all customers, any such
contract with a customer shall at the option of such
customer be void, and the customer may recover from
the broker all moneys paid with interest thereon or
securities deposited in respect thereof, and the broker
shall be guilty of an offence.

Section 14 formerly section 21. This is directed at the practice of a
broker selling for his own account against a customer's buying order, thus
preventing the purchase from having any effect upon the market, and
relieving the broker from carrying the stock.

The customer, who has been so treated may elect to treat the contract
as void, and recover whatever he paid with interest.

The act is also an offence.

Exercise of
option.

(2) The customer may exercise such option by a
registered letter to that effect addressed to the broker
at his address for service in this Province.

Confirma-
tion to
customers.

15. Every broker who has acted as an agent for a
customer shall promptly send or deliver to each cus-
tomer for whom any security has been bought or sold
by the broker, a written confirmation of the transac-
tion, setting forth :

(a) the quantity and description of the security.

(b) the name of the person or company from or to
or through whom the security was bought or sold.

and failure, without reasonable excuse, to comply
herewith shall constitute an offence.

16. Every stock exchange shall keep a record showing
the time at which each transaction on such exchange
took place and shall supply to any customer of any
member of such exchange, upon production of any
written confirmation of any transaction with any such
member, particulars of the time at which such trans-
action took place and verification or otherwise of the
matters set forth in such confirmation.

PART IV.

Audit, Accounts, Information.

Inter-
pretation.

"Brokers'
Auditor."

17.— (1) In this Part:

{a) "Brokers' Auditor" shall mean an accountant
whose name is on the panel of accountants approved
by an executive committee.

Exchange
Auditor.

(b) "Exchange Auditor" shall mean an accountant
who shall have practiced as such in the Prov-
ince for not less than ten years and who is
employed by the executive committee.

"Executive
Committee.

(c) "Executive Committee" shall include the board
of directors, managing committee or other governing
committee of a stock exchange in Ontario.

Section 15 formerly Bill section 22. Provides more extensive informa-
tion so customers can trace transactions and ascertain whether they were
charged higher than the price paid by the broker.

Section 16, formerly section 23. Imposes a new duty upon the stock
exchanges greatly in aid of the public.

Section 17, formerly section 20 (1) (b). Slightly recast.

Panel

of brokers'

auditors.

Exchange
auditor.

18. Every executive committee shall from time to time
select a panel of accountants each of whom shall have prac-
tised as such in Ontario for not less than five years and shall
be known as a brokers' auditor, and shall also employ an
exchange auditor.

Allotment
of audits.

19. The executive committee shall allot to each brokers'
auditor the persons or companies, whether members of or
represented upon the exchange, which are to be audited by
him, and all of the expenses of every audit are to be paid
to the brokers' auditor by the executive committee, subject
to full repayment forthwith by the person or company audited,
and until such repayment is made the executive committee
shall have a lien upon the seat belonging to or controlled by
the person or company so indebted to the executive committee.

Duties of
auditor.

20. Every brokers' auditor shall in each year audit
the assets and liabilities as at a permanent date in each
year fixed by the executive committee and prepare a
balance sheet showing the position at such date of
the business and affairs of each person or company
allotted to him, and shall also in each year make a like
audit and prepare a like balance sheet as of a date
designated by the exchange auditor, such last men-
tioned date to be not earlier than four months nor
later than eight months from the permanent date in
such year, and shall also make such further audit and
prepare such further statements and make such further
reports as the exchange auditor may think advisable or
as the executive committee may direct; no w^arning or
notice shall in any way be given of any audit, other
than that of the permanent date.

Special
audit.

Powers of
auditors.

21. The executive committee of a stock exchange may
at any time require any brokers' auditor upon the panel of
accountants of the exchange to make any general or special
audit or report upon the whole o ■ any aspect of the business
or affairs of any person or company who is or has been a
member of or in any way represented upon the exchange.

22. Every brokers' auditor, for th; purpose of any audit
under the provisions of this Part shall be entitled to free
access to all books of account, securities, cash, documents,
bank accounts vouchers, correspondence and records of
every description of the p3rson or company being audited,
and any person or company withholding, destroying, con-
cealing or refusing to give any information or thing reasonably
required by the auditor for the purpose of his audit, shall be
guilty of an offence.

Sechon 18, formerly section 20 (2). As the principal exchanges have put
this audit into effect, it is well to force the smaller ones to comply Hence
may is replaced by "shall."

Section 20, formerly section 20 (4). Somewhat altered so that one audit
will be at a fixed date in order to let it be used as the end of a fiscal year for
purposes of income tax, etc. The other audit will be at random

T^eports^' ^^- Every brokers' auditor during or upon the completion

of every statement and audit under the provisions of this
Part shall send a copy of every report whether interim or
final to the exchange auditor and shall in addition specially
report to such auditor any particular information which may
be required under the by-laws, rules or regulations of the
exchange and any further information which the brokers'
auditor deems it to be in the public interest so to report,
and the exchange auditor shall su marize all information so
received, and report thereon to the executive committee for
scrutiny, identifying the person or company affected thereby
by number only until the executive committee decides to
take action in respect of any such person or company, or
until the exchange auditor thinks it advisable in the
public interest or in the interests of the Exchange to
disclose such name to the executive committee, and
the exchange auditor may, in any report, make such recommen-
dations as he thinks advisable.

Change of
accounting
system.

Power to 24. Any person designated in writing by an executive

6X3.1X11116. ^ * • 1 1 1 r 1

committee may examme under oath any member oi the
exchange or any officer of any company represented thereon,
or any associate or employee of any such person or company
upon any matter arising out of any report of a brokers'
auditor and for the purposes of such inquiry the person so
designated shall have all the powers which a representative
of the Attorney- General may exercise under section 10.

25. Any executive committee may in writing, require any
person or company whose affairs have been audited or are
being audited to alter, supplement or replace any syjstem of
book or record keeping in any manner and to comply with
any recommendation made by the exchange auditor,
and any requirement of such executive committee.

26. Failure by any person or company, a member of or
represented upon any stock exchange, to comply with any
requirement of the executive committee of the exchange, or

' any person designated by it under section 24, shall constitute
an offence and shall entitle the executive committee to
suspend such person or member representing such company
for such period as the said committee shall determine.

ftains?°'' 27. No action shall lie against any stock exchange,

auditors, etc. executive committee or any member thereof, or any person
designated by it under section 24, or against any brokers' or
exchange auditor in respect of any act or proceeding, under
the provisions of this Part.

Audits by 1^=28. Every broker not subject to audit under the preceding
membere"""* section of this Part shall , at least once in each year, file with the
exchanges. Registrar a financial statement in duplicate, prepared at the

Failure
to comply.

Section 23, formerly section 20 (7). Slightly redrawn so as to give the
exchange auditor a broader discretion, the added portion was all recom-
mended by the Conference,

Section 24, formerly section 20 (8).
committee more clear-cut powers.

Gives the designee of the executive

Section 25, formerly section 20 (9). Gives the exchanges absolute power
to enforce the recommendations bf the exchange auditor.

Section 27, formerly section 20 (11). Protects the exchanges also.

Section 28. Provides for a yearly automatic audit of every broker not
audited by a stock exchange under the preceding sections.

expense of the broker by an accountant, in such form as the
Registrar requires, certified to be correct by the broker or two
partners or directors thereof, and shall also file such further
financial statements as the Registrar may from time to time
require,''^!

PART V.

General Provisions.

Joflersona ^^- — (^) ^ Judgc of the Supreme Court in exercising any
designata of the powers conferred upon such judge by this Act shall be

deemed so to act as a judge of such court and not as persona

designata.

Attorne - ^^^ ^^^ Attorney-General shall in all proceedings under

General. this Act or the Regulations be deemed to be acting as the

representative of His Majesty in the right of the Province of

Ontario, and not as persona designata.

Act^and"^^ (3) The provisions of The Judicature Act and the Con-

Rujes^appiy. solidatcd Rules of Practice and Procedure made thereunder
c. 88. ' so far as they are applicable to proceedings of a like nature,
including those relating to appeals and to the enforcement of
judgments and orders, shall apply to every proceeding before
the Supreme Court or a judge thereof under the provisions of
this Act, save that service of notices and other legal process
shall be in accordance with subsection 2 of section 6 and save
that costs may be awarded to but not against the Attorney-
General.

No action, 30. No action whatever, and no proceedings bv way

etc., against r • ■ • , ..... , ',.

persons ad- oi mjunction, mandamus, prohibition or other extraordinary
this Act. remedy shall lie or be instituted against any person whether
in his public or private capacity or against any company in
respect of any act or omission in connection with the adminis-
tration or carrying out of the provisions of this Act or the
Regulations where such person is the Attorney-General or his
representative, or the Registrar or where such person or
company was proceeding under the written or verbal direction
or consent of any one of them, or under an order of the .Supreme
Court or a judge thereof made under the provisions of this Act.

Regulations. i^"31. The Lieutenant-Governor in Council may make, and
from time to time amend, alter or repeal, regulations not
inconsistent with this Act, —

(a) for the regulation of listing and trading in securities
upon any stock exchange, of the records relating
thereto and of the clearing of transactions thereon,

Section 31, replaces Bill section 15. The power to make regulations, is
more clearly set out.

(b) for the furnishing of information by brokers or

salesmen to the public;

of the affairs of brokers not represented upon any
stock exchange;

(d) for the creation of offences ;

(e) for the better carrying out of the provisions of this

Act and for the more efficient administration thereof;

(/) for any other purpose elsewhere indicated in this Act;

and all such regulations and any amendment, alteration or
repeal thereof shall become effective in all respects as if
enacted in this Act upon the publication thereof in the
Ontario GazeUe.""^:^

Penalties.

Rev. Stat.
c. 121.

Companies.

32. — (1) Every person who violates any provision of this
Act or the Regulations designated as an offence, or who does
any fraudulent act not punishable under the provisions of
the Criminal Code of Canada, shall be liable upon conviction
thereof under The Summary Convictions Act to a. penalty of
not more than $1,000 for a first offence, nor $2,000 for a
second or subsequent offence, and in case of either a first or a
subsequent offence either in default of payment of any penalty
imposed, or in addition to such penalty, to imprisonment for a
term not exceeding six months.

(2) The provisions of subsection 1 shall be deemed to apply
mutatis mutandis, to an\^ company save that the money
penalties may be increased in the discretion of the magistrate
to a sum not exceeding $25,000.

Apportion-
ment of
penalty on
company
among
officers, etc.

Consent
of the
Attorney-
General
required.

(3) Where any company is convicted under this Act the
magistrate may direct that, in default of payment of the
penalty imposed, proportionate parts thereof shall be paid
by such ofificers, directors, officials or employees of the
company, and in such amounts as he shall designate, and in
default of payment by any person so designated the magistrate
may impose a penalty of imprisonment for a term not exceed-
ing six months.

(4) No proceedings under this section shall be instituted
except with the consent or under the direction of the Attorney
General.

Evidence. 33. Any information, evidence, exhibit or thing obtained

by the Attorney-General or his representative or the Registrar
under the provisions of this Act, or the Regulations, or copies

Section 33, formerly section 11 (3). The Registrar is enabled to certify
as to registration without having to attend and give evidence.

Rev. Stat.
c. 107.

thereof, or statement that a person or campany is or is
not registered or other data concerning registration

purporting to be certified by the Attorney-General or the
Registrar without proof of the office or signature of the
person certifying, shall, so far as relevant, be receivable
in evidence for all purposes in any action, proceeding or
prosecution and, in proceedings under Part II only, the
evidence of a witness may be used against him notwithstanding
anything in The Evidence Act contained.

cos\^s*of°in-°^ 34. Where in consequence of an investigation under
vestigation. Part II of this Act, any person or company has been, —

(a) convicted of a criminal offence; or

{h) convicted of an offence against any provision of this
Act or the Regulations; or

otherwise than by an interim injunction, or

(d) examined and documents, records, properties
or matters have been examined by an account-
ant or other expert appointed by the Attorney-
General,

Execution
of warrant
issued in
another
province.

35. — (1) Where a police magistrate or justice of
another province issues a warrant for the arrest of any
person on a charge of violating any provision of The
Security Frauds Prevention Act or any similar statute
of that province, any police magistrate or justice of
Ontario within whose jurisdiction that person is or is
suspected to be may upon satisfactory proof of the hand-
writing of the police magistrate or justice who issues
the warrant malie an endorsement thereon in the form
prescribed by the regulations, and a warrant so endorsed
shall be sufficient authority to the person bringing the
warrant and to all other persons to whom it was origin-
ally directed and to all police constables within the
territorial jurisdiction of the police magistrate or justice
so endorsing the warrant to execute it within that
jurisdiction and to take the person arrested thereunder
either out of or anywhere in Ontario and to rearrest
such person anywhere in Ontario.

Section 34, formerly section 17 (d). Extends the remedy of recovering
the costs of an investigation.

Seckon 35, formerly section 18. This corresponds largely to section 662
of the Criminal Code, and will enable the Provinces to aid each other in
capturing undesirables accused of offences against this Act.

Prisoner in
transit.

(2) Any police constable of Ontario or of any other
province of Canada who is passing through Ontario
having in his custody a person arrested in another
province under a warrant endorsed in pursuance of
subsection (I) hereof shall be entitled to hold, take and
rearrest the accused anywhere in Ontario under such
warrant without proof of the warrant or the endorsement
thereof.

Expenses.

Rev. Stat.
c. 25.

36. Section 17 of The Audit Act shall apply in respect of
any legislative appropriation for the administration of this
Act.

1928, c. 34;
1919, c. 51,
repealed.

37. The Security Frauds Prevention Acts, 1928 and
1929, are hereby repealed.

Royal

Assent.

38. This Act shall come into force on the day upon
which it receives the Royal Assent.

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No. 75

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act for the Prevention of Fraud in connection with the

Sale of Securities.

Mr. Price

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 75.

1930.

BILL

An Act for the Prevention of Fraud in connection
with the Sale of Securities.

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

Short title. ^ This Act may be cited as The Security Frauds Prevention
Act, 1930.

Interpreta-
tionB.

2. In this Act,-

•Broker,"

'Company.

'Fraud.'

{a) "Broker" shall mean every person other than a
salesman who engages either for the whole or part
of his time directly or through an agent in the
business of trading in securities and shall include
a company, and such officials of a company or
partnership which trades in securities as may be
designated by the Regulations, and shall include a
security issuer except where the context clearly
indicates the contrary.

(6) "Company" means any incorporated corporation,
association or other organization.

(i) any intentional misrepresentation by word,
conduct or in any manner of any material
fact either present or past, and any intentional
omission to disclose any such fact;

(ii) any promise or representation as to the
future which is beyond reasonable expectation
and not made in good faith;

(iii) any fictitious or pretended trade in any
security ;

(iv) the gaining or attempt to gain, directly or
indirectly, through a trade in any security, a
commission, fee or gross profit so large and
exorbitant as to be unconscionable and
unreasonable ;

(vii) the violation of any provision of this Act or
of the Regulations relating to trading in
securities ;

(viii) generally any artifice, agreement, device or
scheme, course of conduct or business to
obtain money, profit or property by any of
the means hereinbefore set forth or otherwise
contrary to law and anything specifically
designated in the Regulations as coming
within the meaning of this definition;

(d) "Person" shall mean an individual, partnership, "^®^^°'^-"
association, syndicate and any unincorporated or-
ganization.

(e) "Registrar" shall mean the person appointed by the "■^®^^^*''^''-

Lieutenant-Governor in Council to act as Registrar
under the provisions of this Act and the Regulations.

(/) "Regulations" shall mean the regulations made from t-^®! V/^"
time to time by the Lieutenant-Governor in Council
under the provisions of this Act.

(g) "Salesman" shall mean every person employed, 'Salesman.
appointed or authorized by any broker or company
to trade in securities whether directly or through
sub-agents.

"Stourlty.

{h) "Security" shall include, —

(a) any document, instrument or writing com-
monly known as a security, or

(&) any document constituting evidence of title
to or interest in the capital, assets, property,
profits, earnings or royalties of any person
or company; or

{d) any document constituting evidence of an
interest in any option given upon a security,
or

{e) any document designated as a security by
the regulations.

"Security
Issuer."

(i) "Security issuer" shall include a company or person,
other than an individual, trading in securities of
• its own issue and not trading generally in other
securities.

•'Trade.

PART I.

REGISTRATION OF BROKERS AND SALESMEN.

3. — (1) No person shall, —

Brokers,
officials and
salesmen to
register.

(a) trade in any security unless he is registered as a
broker or salesman of a registered broker, or

(b) act as an official of or on behalf of any partnership^'or

company in connection with any trade in any
security by the partnership or company, unless he
or the partnership or company is registered as a
broker,

or company in connection with any trade in any
security by the partnership or company, unless he is
registered as a salesman of a partnership or company
which is registered as a broker,

and such registrations have been made in accordance with
the provisions of this Act and the Regulations, and any
violation of this section shall constitute an offence.

(2) With the approval of the Attorney-General, any partnership
partnership or company may be registered as a broker, may°be^^'^^
whereupon the partnership or company may trade in ^®sistered.
securities, and the members and officials of the partnership,
and the officials of the company other than branch managers
or salesmen of the partnership or company, may act as such
without separate registration, and the provisions of this Act,
and ot the Regulations relating to registered persons or
companies, shall be deemed to apply to such partnership or
company.

4. Registration shall not be required in respect of any of ^^^'^p*^^'^^-
the following classes of trades or securities, —

(a) A trade in a security taking place at a judicial, judicial
executor's, administrator's, guardian's or committee's

sale, or at a sale by an authorized trustee or assignee,

an interim or official receiver or a custodian under

The Bankruptcy Act, a receiver under The Judicature n.s.c. cc.

Act, or a liquidator under The Companies Act or(Dom.),'

The Winding Up Act.. fris^fs.

(b) An isolated trade in a specific security by or on JraL^i1)tions

behalf of the owner, for the owner's account, whereby owner.
such trade is not made in the course of continued
and successive transactions of a like character, and
is not made by a person whose usual business is
trading in securities.

company, trust company or insurance company, or ^^"^^{Pj^fj^
is an official or employee, in the performance of his officials, and

'^ ■' "■ registered

persons, etc.

Sale by
pledgee for
debt.

stock

dividends,

etc.

Exchange
on merger.

Prospector's
"grubstake"
or share in
claim.

(f) The exchange by or on account of one company with

another company of its own securities in connection
with a consolidation, amalgamation or merger of
either company.

(g) A trade in good faith by an actual prospector of a

security issued by him for the purpose of financing a
prospecting expedition, or for the purpose of dis-
posing of any of his interest in a mining claim or
property staked by or wholly or partly owned by
him.

Trust.

(h) Securities in which trust funds may lawfully be
invested in Ontario.

Secured
bonds.

(i) Securities secured by mortgage upon real estate or
tangible personal property where the entire mortgage,
together with all of the securities secured thereby
or where all of the securities secured thereby are
sold at the one time.

Negotiable
paper.

(J) Negotiable promissory notes or commercial paper
maturing not more than a year from the date of
issue.

Securities
based upon
conditional
sales.

(k) Securities evidencing indebtedness due under any
contract made pursuant to the provisions of any
statute of any province of Canada providing for the

{n)

acquisition of personal property under conditional
sale contracts.

(/) Securities issued by a person or company organized ^5^f®^Q°/^.
exclusively for educational, benevolent, fraternal, sharing ^^^
charitable, or recreational purposes and not for
pecuniary profit, where no part of the net earnings
thereof enure to the benefit of any security holder.

(m) Any class of trade or security specifically exempted Tradee^^or
from the application of subsections 1 and 2 of this exempted

, , T-. 1 • by Regu-

section by the Regulations. lations.

Securities traded by a company with its employees Company
who are not induced by expectation of employment to employees,
or continued employment.

{o) The issuance of its own securities by a private If^^^^^g^^e

company. company.

5. — (1) Unless the Attorney-General otherwise directs the F^esistration

^ •' .. . f within ten

Registrar may after the receipt by him of any application for days unless
registration cause to be entered in a book kept for such General
purpose and open to public inspection, hereinafter called the° ^®° ^'
"Register," the name and address for service of such
applicant, whereupon such applicant shall be deemed to be
registered temporarily or otherwise as a broker or salesman as
the case may be.

(2) The Registrar may cause a temporary entry to be JJ^^raTion.
made, designated as such, in the register, subject to cancella-
tion at any time upon the order of the Attorney-General.

(3) Registrations shall expire, and may be changed or ^ha'nge* and
renewed as the Regulations shall provide. renewal of

6. — (1) Every application under this Act or the Regulations Application
shall be made in writing upon the forms provided by the forms with
Registrar, and shall be accompanied by the fee prescribed by and^bonds^
the Regulations and such bond as may be required.

(2) Every applicant, whether domiciled in Ontario or not, ^^dress.^^
shall state in every application an address for service in
Ontario, and all notices under this Act or the Regulations and

all legal process issued by or on behalf of any person or com-
pany shall be sufficiently served for all purposes if posted by
registered mail to the applicant at the latest address for
service so stated, and in the case of a non-registered company
where the officials are registered to the latest address of the
person registered as the senior official of such company in
Ontario.

(3) The Registrar may from time to time and shall when so Further
directed by the Attorney-General require any further information,
information or material to be submitted by any applicant or

any registered person or company within a specified time
limit and may require verification by affidavit or otherwise
of any matter then or previously submitted.

$500 bond
by every
broker and
applicant.

7. — (1) Every applicant for registration as a broker shall
before registration deliver a bond by the applicant or the
person or company he represents as the Registrar may
require, such bond to be in the sum of $500 and in such form
and upon such condition as the Regulations shall prescribe.

Bond

company
required.

New bond.

Forfeiture
of bonds.

(2) The Registrar may and when so directed by the
Attorney-General shall require any applicant or any registered
person or company ^vithin a specified time limit to deliver a
bond by a surety company approved by the Attorney-General
or any other bond in such form and upon such condition as
the Regulations shall prescribe, and in such amount as the
Regulations or the Attorney-General shall require.

(3) The Registrar may and when so directed by the
Attorney-General shall require a new or an additional bond
of the kind mentioned in subsections 1 or 2 to be filed within
a specified time limit.

8. — (1) Any bond mentioned in section 7 shall be forfeit
and the sum named therein shall become due and owing by
the person or company bound thereby as a debt to His
Majesty in right of the Province of Ontario when there has
been filed with the Registrar the Attorney-General's certificate
that the broker or salesman in respect of whose conduct the
bond is conditioned/ or any official of the broker has, in con-
nection with a trade in a security, been, —

$500 bond. (j^) in the case of the bond mentioned in subsection 1 of

section 7,

(i) charged with any criminal offence, or,

(ii) found upon investigation by the Attorney-
General or his representative to have com-
mitted a fraudulent act, or

Bond

by surety

company.

(b) in the case of the bond mentioned in subsection 2 of
section 7,

(i) convicted of a criminal offence, or

(ii) convicted of an offence against any provision
of this Act or the Regulations, or

(iii) enjoined by the Supreme Court or a Judge
thereof otherwise than by an interim in-
junction.

(iv) a party to civil proceedings in the courts
as a result of which final judgment has

been given against such person, company
or official in connection ■with a trade in a
security where such judgment is based upon
a finding of fraud.

(2) Any bond mentioned in section 7 shall be forfeit Forfeiture^^
and the sum named therein shall become due and owing byruptcy or
the person or company bound thereby as a debt to His proceedings.
Majesty in right of the Province of Ontario when there has

been filed with the Registrar a certificate signed by the
Attorney-General that proceedings by or in respect of the
broker or salesman in respect of whose conduct the bond is
conditioned have been taken under The Bankruptcy Act, or
by way of winding up.

(3) The Attorney-General may assign any bond forfeited ^ggignment
under the provisions of subsections 1 or 2, or may pay over ^^^^^^^.^^^
any moneys recovered thereunder to any person, or to the moneys to
accountant of the Supreme Court in trust for such persons and
companies as may become judgment creditors of the person or
company bonded, or to any trustee, custodian, interim
receiver, receiver or liquidator of such person or company as

the case may be, such assignment or payment over to be in
accordance with and upon conditions set forth in the Regula-
tions or in any special order of the Lieutenant-Governor in
Council.

(4) The Attorney-General, whenever His Majesty becomes g^nk-
a creditor of any person or company in respect of a debt to ceedmgs '^etc
the Crown arising from the provisions of sections 6, 7 and 8,
may take such proceedings as he shall see fit under The
Bankruptcy Act, The Judicature Act, The Companies Act orR.s.c, cc.
The Winding Up Act for the appointment of an interim (Dom.)',
receiver, custodian, trustee, receiver or liquidator as the,^*^"^' ^"^^^^
case may be.

9. — (1) The Attorney-General may order that, —

cc. 88, 218.

Attorney-
General's
orders con-
/ \ f • c • • 11 rcerning

(a) any application tor registration, renew^al, or change oi applications.
registration shall or shall not be granted for any
reason which he may deem sufficient, or that

{h) the application of any person for registration shall Deceptive
not be granted where it appears that such person °^'^®^'
proposes to use or is using a trading name other
than his own, or that of his partner, where such
trading name is apt to lead the public to believe it
is that of a business firm of longer established stand-
ing in Ontario, or is calculated to conceal from the
public the identity of the applicant, or is for any
reason objectionable, or that

Temporary
entries.

Registration
reduced or
cancelled.

Suspension
or cancel-
lation for
default.

Suspension
under Part
II.

Entry of
suspension
or cancel-
lation.

Further
applications

(c) any temporary entry in the register shall be made,
suspended or cancelled for any reason which he may
deem sufficient, or that

(d) any registration shall be reduced to a temporary
registration or suspended or cancelled upon, —

(i) any proceedings being taken by or in respect
of the broker under The Bankruptcy Act or
by way of winding up, or

(ii) suspension from any stock exchange of any
broker or any representative upon any stock
exchange of any broker, or

(iii) institution of criminal proceedings against
the broker or any offi.cial of the broker,
or

(iv) conviction of the broker or an official of
the broker of an offence against this Act or
the Regulations.

(e) the registration of any broker or salesman shall be

suspended for any period or cancelled by reason of
default in filing a bond when required under the
provisions of subsections 2 and 3 of section 7, or
that

(/) the registration of any broker or salesman shall be
suspended as provided in section 11,

and no order of the Attorney-General shall be subject to
review in any way in any court.

(3) Notwithstanding any order of the Attorney-General a
further application may be made upon new or other material,
or where it is clear that material circumstances have changed.

Investi-
gation by
Attorney-
General.

PART II.

INVESTIGATION AND ACTION BY THE ATTORNEY-GENERAL.

10. — (1) The Attorney-General, or any person or persons
to whom as his representative or representatives he may in
writing delegate such authority, may examine any person,
company, property or thing whatsoever at any time in order
to ascertain whether any fraudulent act, or any offence
against this Act or of the Regulations has been, is being, or is
about to be committed, and for such purpose shall have the

same power to summon and enforce the attendance of wit-
nesses and compel them to give evidence on oath and to pro-
duce documents, records and things as is vested in the
Supreme Court or a Judge thereof for the trial of civil cases,
save that the provisions of rules of court or of law relating to
the service of subpoenas upon and to the payment of conduct
money or witness fees to witnesses shall not apply and save
further that no person shall be entitled to claim any privilege
in respect of any document, record or thing asked for, given
or produced on the ground that he might be incriminated or
exposed to a penalty or to civil litigation thereby and no
evidence given shall be privileged except under The Evidence
Act and The Canada Evidence Act, and save further that no
provisions of The Evidence Act shall exempt any bank or any
officer or employee thereof from the operation of this section.

(2) When the Attorney-General, or his representative, isAppoint.-
about to examine or is examining any person or company ac«)untants
under this section the Attorney-General may appoint an experts,
accountant or other expert to examine documents, records,
properties and matters and report thereon to him.

(3) The failure without reasonable excuse of any person or Fa^iure^to
company to furnish information required by the Registrar mation^^etc.
under Part I within the time limited, or the failure without and^aiso^.^
reasonable excuse of any person summoned for examination f^^dTnce^'^
under subsection 1 to appear or his refusal to give evidence

or to answer any question where the evidence or answer
could be required in an action or the failure without reasonable
excuse or refusal of any person or company to produce any-
thing shall constitute an offence and shall also be prima facte
evidence upon which, —

(a) the Attorney-General, or his representative, may
base an affirmative finding concerning any fraudulent
act to which he may deem it relevant, or

(b) the Supreme Court, or a Judge thereof, may grant an

interim or permanent injunction, or

offence against this Act or the Regulations.

(4) Disclosure by any person other than the Attorney- Evideno|
General, his representative or the Registrar, without the disclosed.
consent of any one of them, of any information or evidence

Attorney-
General
may

suspend for
over ten
daya

and proceed
by injunc-
tion.

Notice of
fraud.

obtained or the name of any witness examined or sought to be
examined under subsection 1 shall constitute an offence.

(b) may where he considers a suspension for ten days

by advertisement or otherwise or to any individual
by letter or otherw ise, whenever he deems it advisable.

12. — (1) The Supreme Court or any Judge thereof is

Supreme
Court or

anjomTrom hereby empowered upon the application of the Attorney-
securities" General, where it is made to appear upon the material filed or
evidence adduced that any fraudulent act, or any offence
against this Act or the Regulations has been, is being or is
about to be committed may by order enjoin, —

Application
may be ex
parte

(b) any person or company from trading in any security

whatever, or in any specific security, or from com-
mitting any specific fraudulent act or series of
fraudulent acts absolutely or for such period of time
as shall seem just.

(2) The application of the Attorney-General under sub-
section 1 may be made without any action being instituted,
either, —

(b) by an originating notice of motion, wnicn, it an originating

interim injunction has been granted, shall be served ''°*'°®-
within five and returnable within ten days from the
date of such interim injunction.

13.— (1) The Attorney-General may,—

Attorney-
General
may order
funds, etc.,

(a) when he is about to examine or during or after the to be held.

examination of any person or company under the
provisions of section 10, or

(b) when he is about to apply for or has applied for or

has obtained an injunction, interim or otherwise
against any person or company under the provisions
of section 12, or

connected with or arise out of any security or any
trade therein, or out of any business conducted by
the accused are about to be or have been instituted
against any person,

in writing or by telegram direct any person or company
having in Ontario on deposit or under control or for safe
keeping any funds or securities of the person or company so
to be or actually examined, enjoined or charged, to hold
such funds or securities or direct the person or company
so to be or actually examined, enjoined or charged to refrain
from withdrawing any such funds or securities from any
other person or company having any of them on deposit,
under control or for safe keeping, or to hold all funds or
securities of clients or others in his possession or control in
trust for any interim receiver, custodian, trustee, receiver or
liquidator appointed under the provisions of The Bankruptcy
Act, The Judicature Act, The Companies Act or The Winding
Up Act, or until the Attorney-General in writing revokes such
direction or consents to release any particular fund or security
from such direction, and failure without reasonable excuse by
any person or company to comply with any such direction
shall constitute an offence, provided that no such direction
shall apply to funds or securities in a stock exchange clearing Proviso.
house nor to securities in process of transfer by a transfer
agent unless such direction expressly so states, and in the case
of a bank, loan or trust company the direction shall only apply
to the offices, branches or agencies thereof named in the
direction.

Application (2) Any person or company in receipt of a direction given
' under subsection 1 , if in doubt as to the application of such
direction to any funds or security, or in case of a claim being
made thereto by any person or company not named in such
direction, may apply to the Supreme Court or a judge thereof
who may direct the disposition of such fund or security and
may make such order as to costs as may seem just.

Notice to
Registrars
of Deeds or
Masters of
Titles.

PART III.

Selling

against

customers'

buying

orders.

Customer's

contract

voidable.

An offence.

REGULATION OF TRADING.

14. — (1) Whenever a person, or a member or employee
of a partnership, or a director, officer or employee of a cor-
poration, after he, or the partnership or corporation has con-
tracted as a broker with any customer to buy and carry upon
margin any securities of any incorporated or unincorporated
company or undertaking either in Canada or elsewhere, and
w^hile such contract continues sells or causes to be sold,
securities of the same company or undertaking for any account
in which, —

(a) he, or

(b) his firm or a partner thereof, or

has a direct or indirect interest, if the effect of such sale shall,
otherwise than unintentionally, be to reduce the amount of
such securities in the hands of the broker or under his control
in the ordinary course of business below the amount of such
securities which he should be carrying for all customers, any
such contract with a customer shall at the option of such
customer be void, and the customer may recover from the
broker all moneys paid with interest thereon or securities
deposited in respect thereof, and the broker shall be guilty
of an offence.

(2) The customer may exercise such option by a registered optYon^
letter to that effect addressed to the broker at his address for
service in this Province.

15 Every broker who has acted as an agent for a customer g^JJ /J"^'
shall promptly send or deliver to each customer for whom customers,
any security has been bought or sold by the broker, a written
confirmation of the transaction, setting forth:

(a) the quantity and description of the security.

(&) the name of the person or company from or to or
through whom the security was bought or sold.

and failure, without reasonable excuse, to comply herewith
shall constitute an offence.

, , . Record.

16 Every stock exchange shall keep a record showing
the time at which each transaction on such exchange took
place and shall supply to any customer of any member ot
such exchange, upon production of any written confirmation
of any transaction with any such member, particulars of the
time at which such transaction took place and verification or
otherwise of the matters set forth in such confirmation.

PART IV.

AUDIT, ACCOUNTS, INFORMATION.

17.— (1) In this Part:

Inter-
pretation.

(a) "Brokers' Auditor" shall mean an accountant '^Brokers;
whose name is on the panel of accountants approved
by an executive committee.

{b) "Exchange Auditor" shall mean an accountant whoExehange
shall have practised as such in the Province for not
less than ten years and who is employed by the
executive committee.

(c) "Executive Committee" shall include the board ^^^^^^^^^^
of directors, managing committee or other governing
committee of a stock exchange in Ontario.

Panel

of brokers'

auditors.

Exchange
auditor.

18. Every executive committee shall from time to time
select a panel of accountants each of whom shall have practised
as such in Ontario for not less than five years and shall be
known as a brokers' auditor, and shall also employ an exchange
auditor.

of 'audi^ts* 1®- The executive committee shall allot to each brokers'

auditor the persons or companies, whether members of or
represented upon the exchange, which are to be audited by
him, and all of the expenses of every audit are to be paid
to the brokers' auditor by the executive committee, subject
to full repayment forthwith by the person or company audited,
and until such repayment is made the executive committee
shall have a lien upon the seat belonging to or controlled by
the person or company so indebted to the executive committee.

Duties of 20. Every brokers' auditor shall in each year audit the

auditor. ,,.,.,.. , "^ .

assets and iiabihties as at a permanent date m each year
fixed by the executive committee and prepare a balance sheet
showing the position at such date of the business and affairs
of each person or company allotted to him, and shall also in
each year make a like audit and prepare a like balance sheet
as of a date designated by the exchange auditor, such last
' mentioned date to be not earlier than four months nor later
than eight months from the permanent date in such year, and
shall also make such further audit and prepare such further
statements and make such further reports as the exchange
auditor may think advisable or as the executive committee
may direct; no warning or notice shall in any way be given
of any audit, other than that of the permanent date.

Special
audit.

21. The executive committee of a stock exchange may
at any tim^ require any brokers' auditor upon the panel of
accountants of the exchange to make any general or special
audit or report upon the whole or any aspect of the business
or affairs of any person or company who is or has been a
member of or in any way represented upon the exchange.

Tuditore^^ 22. Every brokers' auditor, for th- purpose of any audit

under the provisions of this Part shall be entitled to free
access to all books of account, securities, cash, documents,
bank accounts, vouchers, correspondence and records of
every description of the person or company being audited,
and any person or company withholding, destroying, con-
cealing or refusing to give any information or thing reasonably
required by the auditor for the purpose of his audit, shall be
guilty of an offence.

23. Every brokers' auditor during or upon the completion ^^^y^Q^s'
of every statement and audit under the provisions of this
Part shall send a copy of every report whether interim or
final to the exchange auditor and shall in addition specially
report to such auditor any particular information wjiich may
be required under the by-laws, rules or regulations of the
exchange arid any further information which the brokers'
auditor deems it to be in the public interest so to report,
and the exchange auditor shall summarize all information so
received, and report thereon to the executive committee for
scrutiny, identifying the person or company affected thereby
by number only until the executive committee decides to
take action in respect of any such person or company, or until
the exchange auditor thinks it advisable in the public interest
or in the interests of the exchange to disclose such name to
the executive committee, and the exchange auditor may, in
any report, make such recommendations as he thinks
advisable.

24. Any person designated in writing by an executive "^ovrer to
committee may examine under oath any member of the
exchange or any officer of any company represented thereon,

or any associate or employee of any such person or company
upon any matter arising out of any report of a brokers'
auditor and for the purposes of such inquiry the person so
designated shall have all the powers which a representative of
the Attorney-General may exercise under section 10.

25. Any executive committee may in writing, require any aiJjounliin^
person or company whose affairs have been audited or are system.
being audited to alter, supplement or replace any system of

book or record keeping in any manner and to comply with any
recommendation made by the exchange auditor, and any
requirement of such executive committee.

26. Failure by any person or company, a member of or fo^compiy
represented upon any stock exchange, to comply with any
requirement of the executive committee of the exchange, or

any person designated by it under section 24, shall constitute
an offence and shall entitle the executive committee to
suspend such person or member representing such company
for such period as the said committee shall determine.

27. No action shall lie against any stock exchange, execu Sins"°'^
tive committee or any member thereof, or any person ^"^^*°^^' ®*°-
designated by it under section 24, or against any brokers' or
exchange auditor in respect of any act or proceeding, under

the provisions of this Part.

28. Every broker not subject to audit under the preceding Audits by
sections of this Part, shall file with the Registrar annually, membe^re °
and at such other times as the Registrar may require a certi- exchanges.

ficate satisfactory to the Registrar as to the financial position
of the broker, signed by the broker or by two of the partners
or officials thereof, and by an independent accountant, and in
addition thereto the Registrar may at any time require a
financial statement in any form, from the broker, certified as
aforesaid, and failure, without reasonable excuse, to comply
with the provisions of this section or the requirements of the
Registrar thereunder shall constitute an offence.

PART V.

nor

Attorney-
General.

GENERAL PROVISIONS.

Judge 29. — (1) A judge of the Supreme Court in exercising any

designaia^"' of the powers conferred upon such judge by this Act shall be

deemed so to act as a judge of such court and not as persona

designata.

Judicature (3) The provisions of The Judicature Act and the Con-
RiUe^'^appiy. solidated Rules of Practice and Procedure made thereunder
c^^88 ^*^*"* so far as they are applicable to proceedings of a like nature,
including those relating to appeals and to the enforcement of
judgments and orders, shall apply to every proceeding before
the Supreme Court or a judge thereof under the provisions of
this Act, save that service of notices and other legal process
shall be in accordance with subsection 2 of section 6 and save
that costs may be awarded to but not against the Attorney-
General.

No action,
etc., against
persons ad-
ministering
this Act.

30. No action whatever, and no proceedings by way
of injunction, mandamus, prohibition or other extraordinary
remedy shall lie or be instituted against any person whether
in his public or private capacity or against any company in
respect of any act or omission in connection with the adminis-
tration or carrying out of the provisions of this Act or the
Regulations where such person is the Attorney-General or his
representative, or the Registrar or where such person or
company was proceeding under the written or verbal direction
or consent of any one of them, or under an order of the Supreme
Court or a judge thereof made under the provisions of this Act.

Regulations. 31. The Lieutenant-Governor in Council may make, and
from time to time amend, alter or repeal, regulations not
inconsistent with this Act, —

(a) for the regulation of listing and trading in securities
upon any stock exchange, of the records relating
thereto and of the clearing of transactions thereon,

(&) for the furnishing of information by brokers or
salCvSmen to the public;

of the affairs of brokers not represented upon any
stock exchange;

(d) for the creation of offences ;

(e) for the better carrying out of the provisions of this

Act and for the more efficient administration thereof;

(/) for any other purpose elsewhere indicated in this Act ;

and all such regulations and any amendment, alteration or
repeal thereof shall become effective in all respects as if
enacted in this Act upon the publication thereof in the
Ontario Gazette.

32. — (1) Every person who violates any provision of this Penalties.
Act or the Regulations designated as an offence, or who does
any fraudulent act not punishable under the provisions of
the Criminal Code of Canada, shall be liable upon conviction
thereof under The Summary Convictions Act to a penalty of i^Ydi^*^*'
not more than $1,000 for a first offence, nor $2,000 for a°'
second or subsequent offence, and in case of either a first or a
subsequent offence either in default of payment of any penalty
imposed, or in addition to such penalty, to imprisonment for a
term not exceeding six months.

(2) The provisions of subsection 1 shall be deemed to apply companies.
mutatis mutandis, to any company save that the money
penalties may be increased in the discretion of the magistrate

to a sum not exceeding $25,000.

(3) Where any company is convicted under this Act the Apportion-
magistrate may direct that, in default of payment of the^eTaUy^on
penalty imposed, proportionate parts thereof shall be paid Snl"^^
by such officers, directors, officials or employees of the officers, etc.
company, and in such amounts as he shall designate, and in
default of payment by any person so designated the magistrate

may impose a penalty of imprisonment for a term not exceed-
ing six months.

(4) No proceedings under this section shall be instituted J(??^®'^*
except with the consent or under the direction of the Attorney Attorney-

Oeneral. required.

33. Any information, evidence, exhibit or thing obtained Evidence,
by the Attorney-General or his representative or the Registrar
under the provisions of this Act, or the Regulations, or copies

Rev. Stat.,
c. 107.

thereof, or statement that a person or company is or is not
registered or other data concerning registration purporting
to be certified by the Attorney-General or the Registrar with-
out proof of the office or signature of the person certifying,
shall, so far as relevant, be receivable in evidence for all
purposes in any action, proceeding or prosecution and, in
proceedings under Part II only, the evidence of a witness may
be used against him notwithstanding anything in The Evidence
Act contained.

Collection of 34. Where in consequence of an investigation under
vestigation. Part II of this Act, any person or company has been, —

{a) convicted of a criminal offence ; or

{h) convicted of an offence against any provision of this
Act or the Regulations; or

{d) examined and documents, records, properties or
matters have been examined by an accountant or
other expert appointed by the Attorney-General,

Execution
of warrant
issued in
another
province.

35. — (1) Where a police magistrate or justice of another
province issues a warrant for the arrest of any person on a
charge of violating any provision of The Security Frauds
Prevention Act or any similar statute of that province, any
police magistrate or justice of Ontario within whose juris-
diction that person is or is suspected to be may upon satis-
factory proof of the hand-writing of the police magistrate or
justice who issues the warrant make an endorsement thereon
in the form prescribed by the regulations, and a warrant so
endorsed shall be sufficient authority to the person bringing
the warrant and to all other persons to whom it was originally
directed and to all police constables within the territorial
jurisdiction of the police magistrate or justice so endorsing the
warrant to execute it within that jurisdiction and to take the
person arrested thereunder either out of or anywhere in
Ontario and to re-arrest such person anywhere in Ontario.

(2) Any police constable of Ontario or of any other province fransit^^ ^^
of Canada who is passing through Ontario having in his
custody a person arrested in another province under a warrant
endorsed in pursuance of subsection 1 hereof shall be entitled
to hold, take and re-arrest the accused anywhere in Ontario
under such warrant without proof of the warrant or the
endorsement thereof.

36. Section 17 of The Audit Act shall apply in respect of Expenses.
any legislative appropriation for the administration of this Rev. stat.
Act.

25.

37. The Security Frauds Prevention Acts, 1928 and iP2P, i928, c. 34;

, , , J 1919, c. 51.

are hereby repealed. repealed.

38. This Act shall come into force on the day upon which Royal

,--,,. J sr Assent.

It receives the Royal Assent.

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No. 76

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Municipal Act.

Mr. Elliott

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 76.

1930.

BILL

An Act to amend The Municipal Act.

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

Rev. Stat.,
c. 233, s. 70,
subs. 8,
amended.

1. Subsection 8 of section 70 of The Municipal Act is
amended by inserting after the word "acclamation" in the
first line the words "in cities, towns and villages" and by
inserting after the word "week" in the second line the words
"and in townships within two weeks."

2. Subsection Aa of section 70 of The Municipal Act as

Rev. Stat.,
c. 233, s. 70,

(1929 ^c' 58 enacted by section 1 of The Municipal Amendment Act, 1929,
si)... is amended by inserting at the commencement thereof the
words "In cities and separated towns."

amended.

Explanatory Note.

Section 1. Under subsection 8 of section 70 of The Municipal Act
any person elected by acclamation is required to make a declaration of
qualification within one week after the day of nomination, and in default
he is deemed to have resigned.

The Bill seeks to confine the one week to cities, towns and villages, and
make it two weeks in the case of townships.

Section 2. Last Session an amendment was made requiring candi-
dates to file certificates as to payment of taxes with their declaration of
qualification.

The Bill proposes that this provision should apply only to cities and
separated towns.

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No. 77

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Public Health Act.

Mr. McBrien

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 77,

1930.

BILL

An Act to amend The Public Health Act.

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

Short title. 1. This Act may be cited as The Public Health Act, 1930.

i^ev^2^tat., 2. The Public Health Act is amended by adding thereto
amended. the following section :

Regulation and Licensing of Barber Shops and
Hairdressing Establishments.

Regulation
of barber
shops, etc.

Approval of
by-law by-
Department.

87fl. — (1) The council of any city or town may pass by-laws
for regulating the operation of barber shops aad
hairdressing establishments, and for licensing the
owners of such shops and hairdressing establish-
ments, and for revoking the license upon breach of
any regulation imposed by the by-law.

(2) The said by-law shall not take effect until approved
in writing by the Department, and when so approved
shall be in force notwithstanding any provision of
this Act or other regulation imposed under
authority of this Act to the contrary.

Explanatory Note.

This Bill is intended to enable city and town councils to better regulate
barber shops, hair dressing establishments and what are known as
"beauty shops." Subsection 2 of the proposed new section it will be
seen, provides for the approval of the Department of Health so as to
avoid unnecessary and vexatious regulations.

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No. 77

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Public Health Act.

Mr. McBrien

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 77.

1930.

BILL

An Act to amend The Public Health Act.

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

Short title. 1, This Act may be cited as The Public Health Act, 1930.

c^®262^*s*i2 ^' Section 12 of The Public Health Act is amended by adding
amended. ' thereto the following subsection:

Appoint-
ment of
member of
city council
to local
board.

Rev. Stat.,
c. 262.
amended.

(5) One or more members of the council may be appointed
to be members of the local board.

3. The Public Health Act is amended by adding thereto

c- 262. ^j^g following section :

Regulation
of barber
shops, etc.

REGULATION AND LICENSING OF BARBER SHOPS AND
H.\IRDRESSING ESTABLISHMENTS.

87a. — (1) The council of any city, town or township
bordering on a city having a population of not less
than 100,000 may pass by-laws for regulating the
operation of barber shops and hairdressing establish-
ments, and for licensing the owners of such shops and
hairdressing establishments, and for revoking the
license upon breach of any regulation imposed by
the by-law.

Exception

from

by-laws.

Approval of
by-law by
Department.

Commence-
ment of Act.

(2) This Act shall not apply to any hairdressing establish-
ment where less than three persons are employed.

(3) The said by-law shall not take effect until approved

in writing by the Department, and when so approved
shall be in force notwithstanding any provision of
this Act or other regulation imposed under
authority of this Act to the contrary.

4. This Act shall come into force on the day upon which
it receives the Royal Assent.

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No. 78

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Municipal Act.

Mr. Morrison

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 78.

1930.

BILL

An Act to amend The Municipal Act.

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

Rev.^stat., j_ Subscction 3 of section 20 of The Municipal Act is
amended '''' "^ amended by adding at the end thereof the following words:

"And where it appears to the Board that it is expedient
to amend the terms and conditions of any order of
the Board annexing any adjacent territory to a city
or town, the Board may, with the consent of the
council to which the district was annexed, amend or
vary such order."

Rev. Stat.,
c. 233, s. 75,
amended.

Rev. Stat.
c. 233,
amended,

Polling
places.

2. Section 75 of The Municipal Act is amended by striking
out the words "last Monday in November" in the sixth and
seventh lines and inserting in lieu thereof the words "twenty-
first day of November excepting w hen that day is a Saturday
or a Sunday, and in that case on the preceding Friday."

3. The Municipal Act is amended by adding thereto the
following section:

83a. Where diflficulty arises in obtaining a suitable polling
place in any polling subdivision, by-laws may be
passed by councils of cities for providing a polling
place for such polling subdivision in an adjoining
polling subdivision.

^233^1^27] "*• Section 271 of The Municipal Act is amended by adding
amended. thereto the following subsection:

(9) Where more money by-laws than one are submitted
at the same time, all, or any number of such by-laws
may be included in one notice of submission required
by subsections 6 and 7.

Explanatory Note.

Section 1. The Municipal Board has power under subsection 3 of
section 20 of The Municipal Act to amend any order of annexation before
it takes effect, and also has power when it does not correctly set forth the
terms as to the adjustment of assets and liabilities, taxation, assessment,
etc., agreed upon, to amend it to conform with the agreement.

The Bill proposes to give the Board further power to amend the terms
and conditions of its annexation order with the consent of the council of
the city or town to which the lands are annexed, if the Board deems it
expedient to do so.

Section 2. Under section 75 of The Municipal Act councils have
power by by-law to fix the last Monday in November as the day of
nomination, the polling to take place on the first Monday in December.

The Bill proposes to substitute the 21st day of November so that
there may be a longer time between nomination and polling.

Section 3. Explains itself. Under section 83 of The Municipal Act
councils have power to pass by-laws providing for holding the polling
places for one or more polling subdivisions in public schools or public
buildings although they are not situate in the polling subdivisions for
which they are used.

Section 4. Under section 271 in the case of by-laws submitted to
obtain the assent of the electors a copy of the proposed by-law is required
to be published once a week for three weeks together with a notice by
the clerk stating that the copy is a true copy of the by-law and that if the
assent of the electors is obtained it will be taken into consideration
by the council at the expiration of one month, and in the case of a money
by-law that a tenant who desires to vote must deliver to the clerk the
required declaration. The notice must also state the day and places
appointed for taking the vote and the time and place for the appointment
of persons to attend at the polling places, etc.

The Bill proposes that in order to save expense one notice may include
a number of by-laws which are to be submitted.

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No. 79

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Municipal Act.

Mr. Case.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 79. 1930.

BILL

An Act to amend The Municipal Act.

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

c^°2^'3^s^238 ■^- Subsection 5 of section 238 of The Municipal Act is
subs. 5 amended by adding at the end thereof the words "but this

shall not pi event a deputy treasurer from being appointed

collector."

Explanatory Note

The Municipal ^crprohibits the clerk or treasurer being appointed
assessor or collector. The Bill would allow a deputy treasurer to be
appointed collector.

55.

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No. 80

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to incorporate the Northern Mines Railway
and Development Company.

Mr. Nesbitt

(PRIVATE BILL)

TORONTO
Printed by Herbert H. Ball,
Printer to the King's Most Excellent Majesty

No. 80.

BILL

1930.

An Act to incorporate the Northern Mines Railway
and Development Company.

Preamble. 1¥7HEREAS Edward James Lennox, of the city of Toronto,
W in the county of York, architect; John Firstbrook, of
the same place, manufacturer; John Adams, of the same
place, manufacturer; Colonel Robert Percy Rogers, of the
same place, mining engineer; William Stone, of the same
place, capitalist; Colonel J. H. Ackerman, of the city of
Peterborough, in the county of Peterborough, capitalist, and
James Russell Lovett Starr, of the said city of Toronto,
barrister-at-law, have by their petition prayed for an Act of
incorporation under the name of Northern Mines Railway and
Development Company for the purposes and with the powers
hereinafter set forth ; and whereas it is expedient to grant the
prayer of the said petition ;

Therefore, His Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows : —

Short title. 1. Xhis Act may be cited as the Northern Mines Railway
Act, 1930.

Incorpora-
tion.

Provisional
directors.

Capital
stock.

2. Edward James Lennox, John Firstbrook, John Adams,
Colonel Robert Percy Rogers, William Stone, Colonel J. H.
Ackerman and James Russell Lovett Starr, and such other
persons and corporations as shall hereafter become share-
holders of the company hereby incorporated are hereby con-
stituted a body corporate and politic under the name of
"Northern Mines Railway and Development Company,"
hereinafter called the company.

3. The seven persons mentioned in the next preceding
section shall be the provisional directors of the company.

4. The capital stock of the company shall be two million
shares without nominal or par value.

no^^ar ^'/u ^" ^^^ Company may issue and may sell its authorized
shares without par value from time to time in the absence of

fraud in the transaction, for such consideration as from time
to time may be fixed by the board of directors.

Head Office. 6. The head office of the company shall be at the city of
Toronto, in the Province of Ontario.

7. The company may, —

Acquiring
and operat-
ing mines.

(a) acquire, own, lease, prospect for, open, explore,
develop, work, improve, maintain, manage and
operate mines and mineral lands and deposits,
including coal, oil and gas lands and deposits, and
dig for, raise, crush, wash, smelt, assay, analyze,
reduce, amalgamate, refine, pipe, convey and other-
wise treat ores, metals and minerals, including coal,
oil and gas, whether belonging to the company or
not, and render the same merchantable, and may sell
or otherwise dispose of the same, or any part thereof,
or interest therein, and carry on the business of
makers and dealers in steel, iron and alloys;

Water
powers.

(b) acquire and develop water power and other rights and
privileges and such other real estate and personal
property as it may require for the purpose of its
business, and again dispose thereof;

Vessels.

Timber
lands.

(d) acquire by purchase, lease or otherwise timber lands,
timber licenses or timber, and sell and dispose
thereof; manufacture and sell timber and lumber of
all kinds and the products thereof, and acquire any
properties that may be necessary for the working
thereof, and acquire and dispose of any mills or
other facilities necessary for the said business;

Incidental
powers.

Rev. stat.
c. 218.

(e) exercise and shall possess all the incidental and
ancillary powers to the foregoing set out in subsection
1 of section 23 and in section 24 of The Companies
Act.

Location of
line.

8. The company is hereby authorized and empowered to
survey, lay out, construct, complete, equip, maintain and
operate a light narrow gauge railway or a standard gauge
railway as the directors may determine with power to alter
the gauge at any time, which said railway may be operated
by steam, electricity, gasoline, or other motive power or
partly the one and partly the other from a point at or near
Gold Pines in the district of Patricia, and from thence north-

erly, easterly and westerly to a point in the township of
Dent, a distance of about forty miles.

Branch

lines.

Telegriiph
and tele-
phone lines.

0. The company shall have power to construct, equip,
operate and maintain branch lines to any point and extensions
at points along the said route to connect with other railways
or with navigable waters and points in proximity thereto.

10. The company is hereby authorized and empowered to
construct, equip, maintain and operate telephone and tele-
graph lines upon and along the right-of-way of any railway
constructed by it.

Disposal of

surplus

power.

Rev. Stat.
c. 57.

11. The company may enter into contracts for the purpose
of disposing of surplus electricity for light and power purposes
to municipalities, corporations and persons along the said
railway subject to the provisions of The Power Commission
Act.

Express
business.

Gasoline
stations.

Townsites.

Stores.

12. The company may acquire the plant and property for
and carry on business as an express company.

13. The company may acquire and operate gasoline stations

14. The company may acquire land for townsites and sell
and dispose of the same.

15. The company may establish and operate stores for the
purchase and sale of goods, wares and merchandise.

Bonding
powers.

16. The company may issue bonds, debentures, mort-
gages and other securities to the extent of $30,000 per mile of
railway constructed or under contract to be constructed, and
may also issue bonds, debentures, mortgages and other
securities in connection with any power plant and the develop-
ment of power, or its steam boats or motor boats and on other
property and assets of the company. The bond issue maybe
made as one bond issue on all its properties and ventures, or
partly on one and partly on the other.

Application
of Rev.
Stat. c. 224.

17. The company shall have and possess all the powers
contained in The Railway Act, for the construction and
operation of any railway authorized by this Act and all the
provisions of The Railway ^c^, where not inconsistent with this
Act, shall apply to the company and the railway to be con-
structed by it.

mentrcff"*^^ 18. This Act shall come into force on the day upon which
Act. it receives the Royal Assent.

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No. 81

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Municipal Act.

Mr. Finlayson.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 81.

1930.

BILL

An Act to amend The Municipal Act.

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

c!'^2^'3^ s^ 354, 1 • Section 354 of The Municipal A ct is amended by inserting
amended. ' ^f^^j. ^^^ ^^^^ "county" in the fourth line the words "or
district." "%

Explanatory Note.

The object of this Bill is to make the heads of councils in districts
ex-officio justices of the peace for the whole district.

At present the head of every council, the reeve of every town and
every deputy reeve are ex-officio justices of the peace for the whole county.

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No. 82

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Municipal Act.

Mr. Kennedy (Peel).

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 82.

1930.

BILL

Rev. Stat.,
c. 233, s. 51,
subs. 1,
repealed.

An Act to amend The Municipal Act.

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

1. Subsection 1 of section 51 of The Municipal Act is
repealed and the following substituted therefor:

(1) A town, not being a separated town, and a village
and a township in a county shall each be entitled
where it has more than 1,500 and not more than
3,000 municipal electors to a first deputy reeve,
and where it has more than 3,000 municipal electors
to a first deputy reeve and a second deputy reeve.

Explanatory Note.

Under the law as it stands a municipality is entitled where it has more
than 1,000 and not more than 2,000 municipal electors to a first deputy
reeve or where it has more than 2,000 and not more than 3,000 municipal
electors to a first deputy reeve and a second deputy reeve, and where it
has more than 3,000 municipal electors to a first deputy reeve, a second
deputy reeve and a third deputy reeve.

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No. 82

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Municipal Act,

Mr. Kennedy (Peel).

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 82.

1930.

BILL

Rev. Stat.,
c. 233, s. 51,
subs. 1,
repealed.

Commence-
ment of Act.

An Act to amend The Municipal Act.

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

1. Subsection 1 of section 51 of The Municipal Act is
repealed and the following substituted therefor:

1:^^(1) A town not being a separated town, and a village
and a township in a county shall each be entitled
where it has more than 1,000 and not more than
2,000 municipal electors to a deputy reeve, and where
it has more than 2,000 and not more than 3,000
municipal electors the reeve shall have an addi-
tional vote, and where it has more than 3,000
municipal electors the reeve and the deputy reeve
shall each have an additional vote.

2. This Act shall come into force on January 1st, 1932.

Explanatory Notf.

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No. 83

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Public Service Works on Highways Act.

Mr. Elliott (Bruce, North).

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 83.

1930.

BILL

An Act to amend The Public Service Works on
Highways Act.

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

Short title.

Rev. Stat,
c. 56, s. 2,
amended.

1. This Act may be cited as The Public Service Works on
Highways Act, 1930.

2. Section 2 of The Public Service Works on Highways Act
is amended by striking out all the words after the word
"agreement" in the eighth line and inserting in lieu thereof
the words "the same shall be done at the expense of the
operating corporation," so that the section will now read as
follows:

Cost

of moving

poles, etc.

Rev. Stat.,
c. .56, s. 3,
amended.

Settling how
cost to be
borne.

2. Subject to the provisions of section 3 where in the

course of constructing, re-constructing, changing,
altering or improving any highway it becomes
necessary to take up, remove or change the location
of appliances or works placed on or under the highway
by an operating corporation, the road authority and
the operating corporation may agree upon the
apportionment of the cost of labour employed in
such work and in default of agreement the same shall
be done at the expense of the operating corporation.

3. Section 3 of The Public Service Works on Highways Act
is amended by striking out the words "apportioned and paid"
in the eighth line, and inserting in lieu thereof the word
"borne," so that the section will now read as follows:

3. Notwithstanding anything in section 2 where it is
made to appear to the Ontario Railway and Muni-
cipal Board upon application made to it, that the
circumstances and conditions under which any of
the appliances or works mentioned in the said
section 2 have been placed on or under a highway,

Explanatory Note,

This Bill will have the effect of making a corporation which has
works on the highway bear the whole cost of moving the same when
changes are being made in the highway. At present the cost is borne in
equal proportions by the highway authority and the operating corporation,
but the cost does not include the replacement or removal of appliances or
works nor the cost of any materials or supplies, nor any other expense or
loss occasioned to the operating corporation.

or that other special conditions render il unfair or
unjust that the cost of taking up, removing or
changing the location of such works should be borne
as provided in section 2, the Board, upon the appli-
cation of the road authority or operating corporation
may apportion the cost of the taking up, removing
or changing the works in such manner as may appear
to it to be equitable, and the decision of the Board
shall be final and shall not be subject to appeal.

Commence-
ment of
Act.

4. This Act shall come into force on the day upon which
it receives the Royal Assent.

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No. 84

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act for the Better Prevention of Vexatious Legal Proceedings.

Mr. Price.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 84.

1930.

Short title.

BILL

An Act for the Better Prevention of X'exatlous
Legal Proceedings.

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

1. This Act may be cited as The Vexatious Proceedings
Act, 1930.

t(f prevent ^- — (1) Where upon an application made by way of

vexaUous'^ Originating notice according to the practice of the court and
proceedings, with the consent in writing of the Attorney-General a judge
of the Supreme Court is satisfied that any person has habitu-
ally and persistently and without any reasonable ground
instituted vexatious legal proceedings in the Supreme Court
or in any other court against the same person or against
different persons, the judge may order that no legal proceed-
ings shall, without leave of the Supreme Court or a judge
thereof, be instituted in any court by the person taking such
vexatious legal proceedings, and such leave shall not be given
unless the court or judge is satisfied that the proceedings are
not an abuse of the process of the court and that there is
prima facie ground for the proceedings.

Attorney- (2) The Attorney-General shall have the right to appear

Cjonerai may i i i i • i i i* •

be heard. and be heard m person or by counsel upon any application
under subsection 1.

Publication
of order.

(3) A copy of an order made under this section shall be
published in the Ontario Gazette.

mentfol''^*^^' 3. This Act shall come into force on the day upon which
^^^- it receives the Royal Assent.

Explanatory Note.

The Vexatious Actions Act was'passed in England in 1896 and is now
section 51 of the English Judicature Act, 1925. That section differs from
this Bill in that it provides for the application being made by the Attorney-
General. This Bill allows the application to be made by anyone affected
but with the consent in writing of the Attorney-General who is also
given the right to appear in person or by counsel.

The English provision as to assignment of counsel where the person
complained against is indigent is omitted as it is not the practice in
Ontario to assign counsel in civil cases.

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No. 84

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act for the Better Prevention of Vexatious Legal Proceedings.

Mr. Price.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 84.

1930.

BILL

An Act for the Better Prevention of Vexatious
Legal Proceedings.

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

Short title.

1. This Act may be cited as The Vexatious Proceedings
Act, 1930.

t(f prevent ^' — (1) Where upon an application made by way of

vexa?ious°' Originating notice according to the practice of the court and
proceedings, with the consent in writing of the Attorney-General a judge
of the Supreme Court is satisfied that any person has habitu-
ally and persistently and without any reasonable ground
instituted vexatious legal proceedings in the Supreme Court
or in any other court against the same person or against
different persons, the judge may order that no legal proceed-
ings shall, without leave of the Supreme Court or a judge
thereof, be instituted in any court by the person taking such
vexatious legal proceedings, and such leave shall not be given
unless the court or judge is satisfied that the proceedings are
not an abuse of the process of the court and that there is
prima facie ground for the proceedings.

Attm-ney- (2) The Attomey-Gcneral shall have the right to appear

be heard. and be heard in person or by counsel upon any application
under subsection 1.

Publication (3) A copy of an order made under this section shall be
published in the Ontario Gazette.

^omnience- 3 xj^jg Act shall come into force on the day upon which
Act. it receives the Royal Assent.

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No. 85

1st Session, 18th Legislature, Ontario
20 George V, 1930 -

BILL

An Act to amend The Hospitals for the Insane Act.

Mr, Price,

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 85.

1930.

BILL

An Act to amend The Hospitals for the Insane Act.

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

Short title. ^ jj^jg ^^^ j^^y ^g ^j^g^ ^g j^^^ Hospitals for the Insane
Act, 1930.

2. Sections 40, 41, 42 and 43 of l^he Hospitals for the Insane

Rev. Stat.,
c. 353, ss. 40,

Is' repealed ^^^ ^^^ repealed and the following substituted therefor:

Powers
and duties
of Public
Trustee.

40. The Public Trustee as statutory committee of any
such patient shall have and may exercise, all the
rights and powers with regard to the estate of the
patient that such patient would have if of full age
and of sound and disposing mind.

E; )

0^^353^ s^ 52 ^- Section 52 of The Hospitals for the Insane Act is repealed
repealed. and the following substituted theref Or:

Maintenance
of patient
and depen-
dants.

52. The Public Trustee shall, out of the money in his
hands belonging to a patient for whom he is statutory
committee, pay the proper charges for his main-
tenance in the hospital in which he is confined, and
he may also pay such sums as he may deem advisable
to the family of such patient or other person depen-
dent upon him, and the payments for the mainten-
ance of the family and other dependants may be
made notwithstanding that such payments may
prevent the payment of maintenance which other-
wise would be due from the patient.

Rev. Stat.,
c. 353, s. 53,
repealed.

Rev. Stat.,
0. 353, s. 54,
repealed.

4. Section 53 of The Hospitals for the Insane Act is repealed.

5. Section 54 of The Hospitals for the Insane Act is repealed
and the following substituted therefor :

Explanatory Note.

Section 2: For convenience sake the repealed sections are set out
here as follows:

Section 40. The Public Trustee as statutory committee of any such
patient shall have all the powers and obligations of a committee appointed
by the court toward the estate of the patient.

Section 41. In addition to the powers possessed by a committee
appointed by the court, the Public Trustee as statutory committee may
lease, mortgage, sell and convey any and all of the property of such
patient and may apply the proceeds thereof on and toward the mainten-
ance of the patient and the payment of his debts and liabilities and the
maintenance of his family.

Section 42. No such lease, sale, mortgage or conveyance shall be
made without the written consent of the Attorney-General.

Section 43. Any conveyance by the Public Trustee under the
authority of this Act shall operate to convey the estate of the patient as
fully and effectually as if executed by the patient himself when of full age
and of sound and disposing mi/id.

It will be seen that the new section is much wider than the repealed
sections. Section 40 now gives the Public Trustee only the powers and
obligations of a committee appointed under The Luttacy Act. Section 41
seems to limit the right to lease, mortgage, sell or convey to cases where
disposition of property is necessary for maintenance. Section 42 requires
the consent of the Attorney-General to any disposition of real property
and section 43 makes effectual a conveyance by the Public Trustee to
the same extent as a conveyance by a lunatic if he were of sound mind.

Section 3: The new section 52 dispenses with the authority of the
Lieutenant-Governor in Council which is provided for in the present
section.

Section 4: This repeals section 53 which provides that the Public
Trustee may cause greater comfort and attention to be supplied than that
provided for in the regulations. This of course is unnecessary if the new
section 40 is enacted.

Section 5: This repeals the present section 54 which provides that
money in court may be paid out on the application of the Public Trustee,
for the maintenance of a patient. The new section 54 leaves the payment
out of court absolutely in the discretion of the Public Trustee.

Payment of
money out
of court.

54. If there is any money in court to the credit of a
patient the same may be paid out to the Public
Trustee upon his application.

Commence-
ment of
Act.

5. This Act shall come into force on the day upon which
it receives the Royal Assent.

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No. 85

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Hospitals for the Insane Act.

Mr. Price.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 85.

1930.

BILL

An Act to amend The Hospitals for the Insane Act.

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

Short title. J yj^jg ^^^ j^^y i^g ^j^gj ^g Yhe Hospitals for the Insane
Act, 1930.

2. Sections 40, 41, 42 and 43 of llie Hospitals for the Insane

Rev. Stat.,
c. 353, ss. 40,

43' repealed ^'^^ ^^^ repealed and the following substituted therefor:

Powers
and duties
of Public
Trustee.

40. The Public Trustee as statutory committee of any
such patient shall have and may exercise all the
rights and powers with regard to the estate of the
patient that such patient would have if of full age
and of sound and disposing mind.

Rev. Stat.,
c. 353, s. 52,
repealed.

3. Section 52 of The Hospitals for the Insane Act is repealed
and the following substituted therefor:

Maintenance
of patient
and depen-
dants,

52. The Public Trustee shall, out of the money in his
hands belonging to a patient for whom he is statutory
committee, pay the proper charges for his main-
tenance in the hospital in which he is confined, and
he may also pay such sums as he may deem advisable
to the family of such patient or other person depen-
dent upon him, and the payments for the mainten-
ance of the family and other dependants may l^e
made notwithstanding that such payments may
prevent the payment of maintenance which other-
wise would be due from the patient.

Rev. Stat.,
c. 353, s. 53,
repealed.

Rev. Stat.,
o. 353, s. 54,
repealed.

4. Section 53 of The Hospitals for the Insane Act is repealed.

5. Section 54 of The Hospitals for the Insane Act is repealed
and the following substituted therefor :

54. If there is any money in court to the credit of a^^y^®'^*^^^
patient the same may be paid out to the Public of court.
Trustee upon his apphcation.

5. This Act shall come into force on the day upon which ment^oT^^*"
it receives the Royal Assent. '^°*'

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No. 86

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Juvenile Courts Act.

Mr. Price.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 86.

1930.

BILL

An Act to amend The Juvenile Courts Act.

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

Short title.

1. This Act may be cited as The Juvenile Courts Act, 1930.

2. Subsection 2 of section 2 of The Juvenile Courts Act as
re-enacted by section 2 of The Juvenile Courts Act, 1929, is

Rev. Stat.,
c. 281, s. 2,
subs. 2
(1929, c. 74,

s. 2)"' repealed and the following substituted therefor:

repealed.

Deputy
.judge, —
appoint-
ment of.

(2) The Lieutenant-Governor in Council may appoint a
deput}^ judge of the juvenile court who shall act as
judge of the court and shall perform such duties as
may be assigned to him by the Attorney-General.

In case of
absence of
judge or
deputy, —
who may
act.

.(2a) In case of the absence or illness of the judge or of
the deputy judge and on the written request and with
the written approval of the Attorney-General, any
other person may act as judge of the juvenile court.

ment"cff'^'^^ 3. This Act shall come into force on the day upon which
^^^- it receives the Royal Assent.

Explanatory Note.

Under The Juvenile Courts Act as it stands at present the Lieutenant-
Governor in Council may appoint a deputy judge of the juvenile court
and if the judge and deputy judge are for any reason unable to act any
other person may be appointed by the Attorney-General to act as judge.

The amount of business before the juvenile court in Toronto neces-
sitates the division of the work between the judge and deputy judge who
are both continuously employed, and this Bill is to enable a temporary
appointment to be made where either the judge of the deputy judge is
absent or ill.

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No. 86

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Juvenile Courts Act.

Mr. Price.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most ExcellentiMajesty

No. 86.

1930.

BILL

An Act to amend The Juvenile Courts Act.

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

Short title.

1. This Act may be cited as The Juvenile Courts Act, 1930.

?®oX;i®tf o' 2. Subsection 2 of section 2 of The Juvenile Courts Act as
subs. 2 re-enacted by section 2 of The Juvenile Courts Act, 1929, is

(1929 c 74

s. 2),' " ' repealed and the following substituted therefor:

repealed.

Deputy
judge, —
appoint-
ment of.

In case of
absence of
judge or
deputy, —
who may
act.

Commence-
ment of
Act.

(2) The Lieutenant-Governor in Council may appoint a
deputy judge of the juvenile court who shall act as
judge of the court and shall perform such duties as
may be assigned to him by the Attorney-General.

(2a) In case of the absence or illness of the judge or of
the deputy judge and on the written request and with
the written approval of the Attorney-General, any
other person may act as judge of the juvenile court.

3. This Act shall come into force on the day upon which
it receives the Royal Assent.

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No. 87

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act respecting the City of Ottawa.

Mr. Ellis

(PRIVATE BILL)

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 87.

1930.

BILL

Preamble,

Short title.

An Act respecting the City of Ottawa.

WHEREAS, the corporation of the city of Ottawa has by
its petition prayed that it should be enacted as herein-
after set forth; and whereas it is expedient to grant the prayer
of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts, as follows: —

1. This Act may be cited as The City of Ottawa Act, 1930.

2. The council of the corporation of the city of Ottawa

Issue of 30
year deben-
tures for may provide by by-law for an issue of debentures not exceed-

COnstrUCtlOn, . A^rr\ nr^r^ 1 1 • i • i • r i • i

etc., of mg $50,000 payable withm thirty years from their date, for

etc. ' the purpose of defraying the cost of constructing and extend-

ing watermain and water services.

discharged^ 3. For the payment of the debt and interest represented
rat*es°^ water i-,y ^}^g debentures to be issued under the authority of section
2 of this Act, there shall be raised annually by the corporation
during their currency, with the authority conferred in, and by,
an Act passed in the thirty-fifth year of the reign of Her late
Majesty Queen Victoria, chaptered 80, and intituled An Act
for the Construction of Waterworks for the City of Ottawa, from
the water rates, a sum sufficient to discharge the said debt
and intercFt, when and as the same shall respectively become
due, such sum to be in addition to the money required to be
raised to meet the charges of maintenance and cost of renewals
in connection with the said waterworks, and for the payment
of the principal and interest of all debts heretofore contracted
for the purposes of the said waterworks, but if at any time,
the moneys accruing from the said water rates shall prove
insufficient for the purposes aforesaid, then, when and so
often as the said deficiency shall occur, there shall be raised,
levied and collected, by the said corporation, by a special rate
upon the assessable property of the said corporation, according
to the then last revised assessment roll thereof, a sum sufficient
to make good such deficiency.

Issue of 20
year deben-
tures for
certin pur-
poses.

4. The council of the said corporation may provide by
by-law for an issue or issues of debentures payable within
twenty years from their date and not exceeding the following
amounts for the purposes specified, —

(a) $400,000 to provide for the construction of certain
storm sewers and for the drainage of Lansdowne
Park.

(b) $33,000 for the purchase of land in St. George's

Ward for use as a city playground.

debentures issued under the authority of by-laws
numbers 6383, 6444, 6445, 6446, 6447, 6448, 6450,
6561, 6630, 6631, 6633, 6634, 6635 and 6639,

Issue of 10
year deben-
tures for
certain pur-
poses.

5. The council of the said corporation may provide by
by-law for an issue or issues of debentures payable within ten
years from their date and not exceeding the following amounts
for the purposes specified, —

(a) $20,000 to discharge claims for damages arising out
of the sewer explosion in May, 1929.

(b) $15,000 to provide for the purchase and installation

of traffic control signals and equipment.

Assent of
electors not
required.

Rev. stat.
c. 233.

Rate of
interest

6. — (1) It shall not be necessary for the said corporation
to obtain the assent of the electors of the said city qualified
to vote on money by-laws, to the passing of any of the money
by-laws authorized by sections 2, 4 and 5 of this Act, or^to
observe in respect thereto the formalities prescribed by The
Municipal Act in relation to the passing of money by-laws.

(2) Debentures issued under the provisions of any of the
said by-laws shall bear interest at such rate as the council of
the said corporation shall, in such by-law, determine and the
principal and interest thereof may be made payable in any
manner authorized by The Municipal Act.

Irregularity
in form not
to invali-
date.

(3) No irregularity in the form of any of the debentures
issued under the authority of this Act, or in any by-law
authorizing the issue thereof, shall render the same invalid,
or be allowed as a defence to any action brought against the
corporation of the city of Ottawa for the recovery of the
amount thereof, or any part thereof, or the interest thereon.

t^on of deben- '^ ' ^^^ council of the said corporation instead of borrowing,
ture issues, by separate money by-laws, the sums authorized by sections

4 and 5 of this Act, may consolidate any two or more of such
borrowings of Hke maturity and issue one series of debentures
therefor; provided that each such consolidating by-law shall
show by recitals or otherwise, the separate sums which make
up the total borrowing, and the purposes for which such
sums are to be expended.

and deelfs ^' ^^^ sales of land within the municipality of the city of

confirmed. Ottawa made by the treasurer thereof in the year 1928,
purporting to be made for arrear? of taxes due in respect of
the lands so sold are validated and confirmed and all convey-
ances of such lands so sold heretofore or hereafter executed
by the mayor, treasurer and clerk of the said city, purporting
to convey the said lands to the purchaser thereof, or to his
assigns, or to the corporation of the said city, as the case
may be, shall have the effect of vesting the lands so sold in
the purchaser thereof, his heirs, and assigns, or in the cor-
poration of the said city, its successors and assigns, as the
case may be, in fee simple, and clear of, and free from, all
right, title, interest and claim whatsoever of the former
owners thereof and their assigns, and of and from all mort-
gages, charges, liens and encumbrances thereon except taxes
accruing after those for the non-payment of which the said
lands were sold.

eesT^"^ ^°' ®- — (1) By-law number 6637 of the said corporation, a true

confirmed, copy whereof is set out in Schedule "A" to this Act, and all

debentures issued or to be issued under the provisions thereof,

are hereby ratifiied and confirmed and declared to be legal,

valid and binding upon the said corporation.

tion'^of"'^ 10. — (1) The council of the said corporation may provide

Bank^strleT by by-law to be passed under the provisions of The Local
?^235^^^^ Improvement Act, and with the like authority as if such work
had been undertaken under such Act, for undertaking and
completing and for assessing and levying the cost of a local
improvement asphalt and stone block pavement on Bank
Street between Arlington and Gladstone Avenues, notwith-
standing that the debentures heretofore issued to provide for
the cost of the existing local improvement pavement upon
the said part of the said street have not been wholly redeemed.

Payment of (2) Should the council construct the pavement authorized
out of general by subsection 1, it shall raise and pay annually, out of its
general funds, all such sums as shall remain to be raised, and
levied upon lands assessed for the cost of existing pavement
as are also assessed for the cost of the pavement authorized
by this section in and after the year in which the first assess-
ment shall be made for the owners' share of the cost of con-
structing such new pavement.

Power of
charge fees
for storage
of goods in
buildings at
Lansdowne
Park.

11. The corporation is authorized to carry on the business
of a warehouseman and of storing goods, wares and chattels
in the buildings of the corporation at Lansdowne Park and
to charge such fees therefor as may be established by by-law
of the corporation, and the provisions of chapter 169 of the
Revised Statutes of Ontario and of all Acts now or hereafter
amending the same, or which may be substituted in whole
or in part therefor, shall apply to, and may be availed of by
the corporation in connection therewith.

Grants to
widows and

12. The council of the said corporation may expend out
^f civic^em- °^ ^^^ current revenues, a sum not exceeding $25,000 in
pioyees. granting relief to the widows and dependents of former
officials and employees of the corporation.

Assumption 13 Notwithstanding anything contained in section 55 of

by corpora- i5 ^ » ^

tion of part The Local Improvement Act, the council of the said corporation
moving snow may provide by by-law passed by a vote of three-fourths of
all the members, that the corporation shall thereafter assume
and pay any part of proportion of the annual cost of removing
snow and ice from all streets and parts thereof from which it
is proposed to remove the same, not in excess of one-half of
the total cost thereof, and that the remainder of the cost
thereof shall be specially assessed as provided in the said
section.

men\"oT^°°' ^^- This Act shall come into force on the day upon which
Act. it receives the Royal Assent.

SCHEDULE "A"

BY-LAW NUMBER 6637

A by-law of the Corporation of the ^ity of Ottawa to provide for borrow-
ing $30,265.96 upon debentures to pay for the construction of certain
local improvement works.

Whereas pursuant to construction by-law number 6473, passed on the
16th July, 1928, the resurfacing of certain asphalt pavements on the streets
and between the points as shewn in columns numbered 4, 5 and 6, respec-
tively, of schedule "A" hereto, as local improvement, under the provisions
of "The Local Improvement Act," has been undertaken;

And whereas the total cost of each of such works, the property-owners'
portion thereof and the Corporation's portion thereof, are shewn in columns
numbered 7, 8 and 9, respectively, of the said schedule;

And whereas the estimated lifetime of the said works is over 15 years,
as shewn in column numbered 10 of the said schedule;

And whereas it is necessary to borrow on the credit of the Corporation
$30,265,96, which is the total cost of all the said works, as shewn in column
numbered 7 of the said schedule, and to issue debentures therefor, payable
within 15 years from the issue thereof, as shewn in column numbered 11
of the said schedule, and bearing interest at the rate of four and one-half
(4J^) per centum per annum, which is the amount of the debt intended to
be created by this by-law;

And whereas it is expedient to make the principal of the said debt
repayable in yearly sums during the period of 15 years from the date of
the issue of the said debentures of such amounts, respectively that the
aggregate amount payable for principal and interest in any year shall be
equal, as nearly as may be, to the amount payable for the principal and
interest in each of the other years;

And whereas it will be necessary to raise annually the sum of $2,818.18,
as shewn in column numbered 14 of the said schedule, during the said
period of 15 years for the payment of the said yearly sums of principal and
interest as they shall become due, of which amount the sum of $1,484.78,
shall be raised annually for the payment of the property-owners portion
of the said debt and interest thereon, as shewn in column numbered 12 of
the said schedule, and the sum of $1,333.40 shall be raised annually for the
payment of the Corporation's portion of the said debt and interest thereon,
as shewn in column numbered 13 of the said schedule;

And whereas the amount of the whole rateable property of the Munici-
pality, according to the last revised assessment roll, is $149,323,059.00.

And whereas the amount of the existing debenture debt of the Corpora-
tion, exclusive of local improvement debts, secured by special rates or
assessments, is $17,372,951.77, and no part of the principal or interest
thereof is in arrear;

Therefore, the Municipal Council of the Corporation of the City of
Ottawa, enacts as follows: —

1. For the purposes aforesaid there shall be borrowed on the credit of
the Corporation at large, the sum of $30,265.96, and debentures shall be
issued therefor in sums of not less than $50.00 Canadian Currency each,
and all such debentures may be made payable, both as to principal and
interest, at such chartered banks or banking houses in Canada or in the
United States of America, as may be designated on the said debentures,
in gold coin of, or equivalent to, the standard of weight and fineness fixed
for gold coin at this date by the laws of the United States of America.

2. The said debentures shall all bear interest at the rate of four and
one-half (43^) per centum per annum and have coupons attached thereto

for the payment of the interest semi-annually, upon the First day of the
months of January and July in each year, which coupons shall be signed
by the Treasurer of the Corporation, whose signature may be written,
stamped, lithographed or engraved thereon.

3. The debentures shall bear the same date and shall be issued within
two years after the date upon which this by-law is passed, and may bear
any date within such two years, and shall be payable within 15 years
from the date of the said debentures with interest at the rate of four and
one-half (4)/^) per centum per annum, as shewn by the following schedule,
and the respective amounts of principal and interest payable in each year
of such years shall be as follows: —

Schedule

Amount of
Interest

Years Payable

1 $1,361.97

2 1,296.44

3 1,227.96

4 1,156.40

5 1,081.62

6 1,003.48

7 921.82

8 836.48

9 747.30

10 654.11

11 556.73

12 454.96

13 348.62

14 237.49

15 121.36

Amount of
Principal
Pavable
$1,456.21
1,521.74
1,590.22
1,661.78
1,736.56
1,814.70
1,896.36
1,981.70
2,070.88
2,164.07
2,261.45
2,363.22
2,469.56
2,580.69
2,696.82

Annual
Payment
$2,818.18
2,818.18
2,818.18
2,818.18
2,818.18
2,818.18
2,818.18
2,818.18
2,818.18
2,818.18
2.818.18
2,818.18
2,818,18
2,818.18
2,818.18

$12,006.74 $30,265.96 $42,272.70

4. Each of the said debentures shall be signed by the Mayor of the
Corporation or by some other person authorized by By-law to sign the
same, and also by the Treasurer thereof, and shall be sealed with the
Seal of the Corporation.

5. During 15 years, the currency of the debentures, there shall be
raised annually for the payment of the property-owners' portion of the
said debt and interest thereon, the sum of $1,484.78, as shewn in column
numbered 12 of the said Schedule, and for the payment of the Corporation's
portion of the cost and the interest thereon there shall be raised annuajly
the sum of $1,333.40, as shewn in column numbered 13 of the said Schedule,
making in all $2,818.18, as shown in column numbered 14 of the said
Schedule, to be raised annually for the payment of the said debt and interest.

6. For the payment of the property-owners' portion of the cost of the
works and the interest thereon, the special assessment set forth in the
assessment rolls prepared for the said works, is hereby imposed upon the
lands liable therefor, as therein set forth, which said special assessment,
with a sum sufficient to cover interest thereon at the rate aforesaid, shall
be payable in equal annual instalments during the currency of the deben-
tures, and for that purpose the respective special annual rates per foot
frontage, as shewn in column numbered 16 of the said schedule, are hereby
imposed upon each lot entered in the sai(;^ special assessment roll for the
said works, according to the assessed frontage thereof, over and above
all other rates and taxes, which special rate shall be collected annually
by the Collector of Taxes for the Corporation at the same time and in the
same manner as other rates during the currency of the said debentures.

7. For the payment of the Corporation's portion of the cost of each
of the said works and the interest thereon, there shall be levied and raised
annually a special rate sufficient therefor, over and above all other rates,
on all the rateable property in the Municipality, at the same time and in
the same manner as other rates.

8. The debentures may contain any clause providing for the registra-
tion thereof, authorized by any statute relating to municipal debentures in
force at the time of the issue thereof,

9. The amount of the loan authorized by this by-law may be con-
solidated with the amounts of any loans authorized by other Local Im-
provement By-laws, by including the same with such other loans in a
consolidating By-law authorizing the borrowing of the aggregate thereof
as one loan, and the issue of debentures for such loan in one consecutive
issue pursuant to the provisions of the statute in that beha:lf .

10. Pending the sale of the debentures, or in lieu of selling the same,
the Council may by resolution authorize the Mayor of the said Corporation
and the Treasurer thereof, to raise money by way of loan on the security
of such debentures or upon security of some part of them, and to hypothe-
cate any or all of the said debentures as security for the repayment of the
said loan.

11. This By-law shall take effect on the day of the final passing thereof.

Given under the Corporate Seal of the City of Ottawa, this 6th day of
May, A.D. 1929.

(Sgd.) Norman H. H. Lett, (Sgd.) Arthur Ellis,

City Clerk. Mayor.

.Annual

rate
per foot
frontage

r-i ■
1/-, c>

Frontage

of
assessed
properties

Ft. In.

Total
amount
to be
raised
annually
for pay-
ment of
debt

OC r^

X
X

Total
amount
to be
raised
annually
for pay-
ment of
Corpora-
Lion's
portion

O <*)

Total
amount
to be
raised
annually
for pay-
ment of
owners'
portion

1.S7.83
1,326.9.S

X
X

Currency
qi deben-
tures in
years

ir, 1/:

Estimated

lifetime

of work in

years

> >

Corpora-
tion's
portion of
total cost

827.18
13,492.92

Property

Owners'

portion of

total cost

c^ X

Total
Cost

— X

o
"1

< .
(55 £

§
ta

: >

< n
.5 S

4
STREET

WW
£ c

No. of
construc-
tion
By-law

How
work

under-
taken

Petition

r 5

No. of
Report

•* Ti-
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No. 87

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act respecting the City of Ottawa.

Mr. Ellis

(PRIVATE BILL)

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 87.

1930.

Preamble.

Short title.

Issue of 30
year deben-
tures for
construction,
etc., of
watermains,
etc.

BILL

An Act respecting the City of Ottawa.

WHEREAS, the corporation of the city of Ottawa has by
its petition prayed that it should be enacted as herein-
after set forth; and whereas it is expedient to grant the prayer
of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts, as follows: —

1. This Act may be cited as The City of Ottawa Act, 1930.

2. The council of the corporation of the city of Ottawa
may provide by by-law for an issue of debentures not exceed-
ing $50,000 payable within thirty years from their date, for
the purpose of defraying the cost of constructing and extend-
ing watermain and water services.

discharge^d ^- ^^r the payment of the debt and interest represented
rates°^ "^^*®'" by the debentures to be issued under the authority of section
2 of this Act, there shall be raised annually by the corporation
during their currency, with the authority conferred in, and by,
an Act passed in the thirty-fifth year of the reign of Her late
Majesty Queen Victoria, chaptered 80, and intituled An Act
for the Construction of Waterworks for the City of Ottawa, from
the water rates, a sum sufficient to discharge the said debt
and interevC't, when and as the same shall respectively become
due, such sum to be in addition to the money required to be
raised to meet the charges of maintenance and cost of renewals
in connection with the said waterworks, and for the payment
of the principal and interest of all debts heretofore contracted
for the purpose." of the said waterworks, but if at any time,
the moneys accruing from the said water rates shall prove
insufficient for the purposes aforesaid, then, when and so
often as the said deficiency shall occur, there shall be raised,
levied and collected, by the said corporation, by a special rate
upon the assessable property of the said corporation, according
to the then last revised assessment roll thereof, a sum sufficient
to make good such deficiency.

Issue of 20 4. The council of the said corporation may provide by
tures for by-law fof an issue or issues of debentures payable within
poses" ^^^' twenty years from their date and not exceeding the following
amounts for the purposes specified, —

(a) $400,000 to provide for the construction of certain
storm sewers and for the drainage of Lansdowne
Park.

(b) $33,000 for the purchase of land in St. George's

Ward for use as a city playground.

Issue of 10

?ear deben-
ures for
certain pur-
poses.

(c) $51,000 to provide for the discount on the sale of
debentures issued under the authority of by-laws
numbers 6383, 6444, 6445, 6446, 6447, 6448, 6450,
6561, 6630, 6631, 6633, 6634, 6635 and 6639.

id)

$175,000 to provide for the purchase of real property
for housing and storing the plant, equipment.

for housing and storing me piant, equipment,
horses, wagons and other property of the corporation
and for constructing, extending, altering and repair-
ing buildings for such purposes.*^^!

5. The council of the said corporation may provide by
by-law for an issue or issues of debentures payable within ten
years from their date and not exceeding $15,000 to provide
for the purchase and installation of traffic control signals and
equipment.

Rev. stat.
c. 233.

Rate of
interest

eiectors°n t ^" — ^^^ ^^ shall not be necessary for the said corporation
required. to obtain the assent of the electors of the said city qualified
to vote on money by-laws, to the passing of any of the money
by-laws authorized by sections 2, 4 and 5 of this Act, or to
observe in respect thereto the formalities prescribed by The
Municipal Act in relation to the passing of money by-laws.

?"form"nJt ^^-^ '^^ irregularity in the form of any of the debentures
date^^'^' issued under the authority of this Act, or in any by-law
authorizing the issue thereof, shall render the same invalid,
or be allowed as a defence to any action brought against the
corporation of the city of Ottawa for the recovery of the
amount thereof, or any part thereof, or the interest thereon.

tion of deben ^^ ' ^^^ council of the said corporation instead of borrowing,
ture issues, by separate money by-laws, the sums authorized by sections

4 and 5 of this Act, may consolidate any two. or more of such
borrowings of like maturity and issue one series of debentures
therefor; provided that each such consolidating by-law shall
show by recitals or otherwise, the separate sums which make
up the total borrowing, and the purposes for which such
sums are to be expended.

Tax sales
and deeds
oonflrmed.

8. — (1) All sales of land within the municipality of the city
of Ottawa made by the treasurer thereof in the year 1928,
purporting to be made for arrears of taxes due in respect of
the lands so sold are validated and confirmed and all convey-
ances of such lands so sold heretofore or hereafter executed
by the mayor, treasurer and clerk of the said city, purporting
to convey the said lands to the purchaser thereof, or to his
assigns, or to the corporation of the said city, as the case
may be, shall have the effect of vesting the lands so sold in
the purchaser thereof, his heirs, and assigns, or in the cor-
poration of the said city, its successors and assigns, as the
case may be, in fee simple, and clear of, and free from, all
right, title, interest and claim whatsoever of the former
owners thereof and their assigns, and of and from all mort-
gages, charges, liens and encumbrances thereon except taxes
accruing after those for the non-payment of which the said
lands were sold.

By-law No.

6637

oonflrmed.

t^°(2) Nothing in this section contained shall affect any
action, litigation or other proceeding now pending, but the
same may be proceeded with and finally adjudicated upon in
the same manner and to the same extent as if this Act had not
been passed.**^^

9. — (1) By-law number 6637 of the said corporation, a true
copy whereof is set out in Schedule "A" to this Act, and all
debentures issued or to be issued under the provisions thereof,
are hereby ratified and confirmed and declared to be legal,
valid and binding upon the said corporation.

Construe
tion of

Rev. Stat
0. 235

10. — (1) The council of the said corporation may provide
pavement on by by-law to be passed under the provisions of The Local
~ " Improvement Act, and with the like authority as if such work

had been undertaken under such Act, for undertaking and
completing and for assessing and levying the cost of a local
improvement asphalt and stone block pavement on Bank
Street between Arlington and Gladstone Avenues, notwith-
standing that the debentures heretofore issued to provide for
the cost of the existing local improvement pavement upon
the said part of the said street have not been wholly redeemed.

Payment of (2) Should the council construct the pavement authorized

special rates ,', ...,,,. , ^ ., . .

out of general by subsection 1, it shall raise and pay annually, out of its
general funds, all such sums as shall remain to be raised, and

Power of
charge fees
for storage
of goods in
buildings at
Lansdowne
Park.

Rev. Stat.
C. 169.

levied upon lands assessed for the cost of existing pavement
as are also assessed for the cost of the pavement authorized
by this section in and after the year in which the first assess-
ment shall be made for the owners' share of the cost of con-
structing such new pavement.

11. The corporation is authorized to carry on the business
of a warehouseman and of storing goods, wares and chattels
in the buildings of the corporation at Lansdowne Park and
to charge such fees therefor as may be established by by-law
of the corporation, and the provisions of The Warehousemen s
Lien Act, and of all Acts now or hereafter amending the same,
or which may be substituted in whole or in part therefor,
shall apply to, and may be availed of by the corporation in
connection therewith.

Assumption 12. Notwithstanding anything contained in section 55 of

tion of part The Local Improvement Act, the council of the said corporation

moving snow may provide by by-law passed by a vote of three-fourths of

and ice. ^|| ^^^ members, that the corporation shall thereafter assume

and pay any part of proportion of the annual cost of removing

snow and ice from all streets and parts thereof from which it

is proposed to remove the same, not in excess of one-half of

the total cost thereof, and that the remainder of the cost

thereof shall be specially assessed as provided in the said

section.

t^^lS. — (1) Subject to the provisions of this section the
council of the said corporation may undertake as a local
improvement under the provisions of The Local Improvement
Act the widening, paving or improving of that part of Beech-
wood Avenue forming the boundary line between the city of
Ottawa and the town of Eastview.

(2) The w^ork shall not be undertaken until the Railway
and Municipal Board has approved of it and if such approval
is given the Board shall determine what proportions of the
whole cost of the work shall be borne and paid by the cor-
porations of the city of Ottawa and the town of Eastview
respectively and what part or proportion of any of the whole
cost shall be specially assessed against the lands abutting on
the said work as the owners' portion, and the provisions of
subsections 2 to 9 of section 56 of The Local Improvement Act
shall apply to the work, substituting the words "order of the
Railway and Municipal Board" for the word "agreement"
wherever it occurs in the said subsections."^^!

Commence-
ment of
Act.

14. This Act except section 8 shall come into force on the
day upon which it receives the Royal Assent, and sectioji 8
shall come into force on the 1st day of July, 1929.

SCHEDULE "A"

BY-LAW NUMBER 6637

A by-law of the Corporation of the City of Ottawa to provide for borrow-
ing $30,265.96 upon debentures to pay for the construction of certain
local improvement works.

And whereas the estimated lifetime of the said works is over 15 years,
as shewn in column numbered 10 of the said schedule;

And whereas it is necessary to borrow on the credit of the Corporation
$30,265,96, which is the total cost of all the said works, as shewn in column
numbered 7 of the said schedule, and to issue debentures therefor, payable
within 15 years from the issue thereof, as shewn in column numbered 11
of the said schedule, and bearing interest at the rate of four and one-half
(43^) per centum per annum, which is the amount of the debt intended to
be created by this by-law;

And whereas the amount of the whole rateable property of the Munici-
pality, according to the last revised assessment roll, is $149,323,059.00.

Therefore, the Municipal Council of the Corporation of the City of
Ottawa, enacts as follows: —

2. The said debentures shall all bear interest at the rate of four and
one-half (43^) per centum per annum and have coupons attached thereto

3. The debentures shall bear the same date and shall be issued within
two years after the date upon which this by-law is passed, and may bear
any date within such two years, and shall be payable within 15 years
from the date of the said debentures with interest at the rate of four and
one-half (4J^) per centum per annum, as shewn by the following schedule,
and the respective amounts of principal and interest payable in each year
of such years shall be as follows: —

Schedule

Amount of
Interest

Years Payable

1 $1,361.97

2 1,296.44

3 1,227.96

4 1,156.40

5 1,081.62

6 1,003.48

7 921.82

8 836.48

9 747.30

10 654.11

11 556.73

12 454.96

13 348.62

14 237.49

15 121.36

Amount of
Principal
Payable
$1,456.21
1,521.74
1,590.22
1,661.78
1,736.56
1,814.70
1,896.36
1,981.70
2,070.88
2,164.07
2,261.45
2,363.22
2,469.56
2,580.69
2,696.82

Annual
Payment
$2,818.18
2,818.18
2,818.18
2,818.18
2,818.18
2,818.18
2,818.18
2,818.18
2,818.18
2,818.18
2,818,18
2,818.18
2,818,18
2,818.18
2,818.18

$12,006.74 $30,265.96 $42,272.70

5. During 15 years, the currency of the debentures, there shall be
raised annually for the payment of the property-owners' portion of the
said debt and interest thereon, the sum of $1,484.78, as shewn in column
numbered 12 of the said Schedule, and for the payment of the Corporation's
portion of the cost and the interest thereon there shall be raised annually
the sum of $1,333.40, as shewn in column numbered 13 of the said Schedule,
making in all $2,818.18, as shown in column numbered 14 of the said
Schedule, to be raised annually for the payment of the said debt and interest.

6. For the payment of the property-owners' portion of the cost of the
works and the interest thereon, the special assessment set forth in the
assessment rolls prepared for the said works, is hereby imposed upon the
lands liable therefor, as therein set forth, which said special assessment,
with a sum sufficient to cover interest thereon at the rate aforesaid, shall
be payable in equal annual instalments during the currency of the deben-
tures, and for that purpose the respective special annual rates per foot
frontage, as shewn in column numbered 16 of the said schedule, are hereby
imposed upon each lot entered in the said special assessment roll for the
said works, according to the assessed frontage thereof, over and above
all other rates and taxes, which special rate shall be collected annually
by the Collector of Taxes for the Corporation at the same time and in the
same manner as other rates during the currency of the said debentures.

8. The debentures may contain any clause providing for the registra-
tion thereof, authorized by any statute relating to municipal debentures in
force at the time of the issue thereof.

11. This By-law shall take effect on the day of the final passing thereof.

Given under the Corporate Seal of the City of Ottawa, this 6th day of
May, A.D. 1929.

(Sgd.) Norman H. H. Lett,

City Clerk.

(Sgd.) Arthur Ellis,

Mayor,

Annual

rate
per foot
frontage

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O O

Frontage

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assessed
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Total
amount
to be
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ment of
debt

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00

oo_

Total
amount
to be
raised
annually
for pay-
ment of
Corpora-
tion's
portion

(NOO

Total
amount
to be
raised
annually
for pay-
ment of
owners'
portion

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00
00

Currency
of deben-
tures in
years

io>o

Estimated

lifetime

of work in

years

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Corpora-
tion's
portion of
total cost

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total cost

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No. 87

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act respecting the City cf Ottawa.

Mr. Ellis

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 87. 1930.

BILL

An Act respecting the City of Ottawa.

Preamble. ITM'HEREAS, the corporation of the city of Ottawa has by
W its petition prayed that It should be enacted as herein-
after set forth ; and whereas it is expedient to grant the prayer
of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts, as follows:—

Short title. 1 jj^jg ^^^ j^^y i^g (.j^^j jjg Yhe City of Ottawa Act, 1930.
Issue of 30 2. The council of the corporation of the city of Ottawa

year deben- ^ ^ _ -'

tures for may provide by by-law for an issue of debentures not exceed-

construction, . ^^.„ „„„ ,,.,.,. ^ i • i r

etc., of mg ^50,000 payable withm thirty years trom their date, for

^c. ' the purpose of defraying the cost of constructing and extend-

ing watermain and water services.

?ischaV^e^d ^- ^^^r the payment of the debt and interest represented
rates^*^ ^^^''^ ^^ ^^^ debentures to be issued under the authority of section
2 of this Act, there shall be raised annually by the corporation
during their currency, with the authority conferred in, and by,
an Act passed in the thirty-fifth year of the reign of Her late
Majesty Queen Victoria, chaptered 80, and intituled An Act
for the Construction of Waterworks for the City of Ottawa, from
the water rates, a sum suflficient to discharge the said debt
and interest, when and as the same shall respectively become
due, such sum to be in addition to the money required to be
raised to meet the charges of maintenance and cost of renewals
in connection with the said waterworks, and for the payment
of the principal and interest of all debts heretofore contracted
for the purposes of the said waterworks, but if at any time,
the moneys accruing from the said water rates shall prove
insufficient for the purposes aforesaid, then, when and so
often as the said deficiency shall occur, there shall be raised,
levied and collected, by the said corporation, by a special rate
upon the assessable property of the said corporation, according
to the then last revised assessment roll thereof, a sum sufficient
to make good such deficiency.

4. The council of the said corporation may provide by iis^ue^oj^io _
by-law for an issue or issues of debentures payable within tures for
twenty years from their date and not exceeding the following posj^s'."^
amounts for the purposes specified , —

(a) $400,000 to provide for the construction of certain
storm sewers and for the drainage of Lansdowne
Park.

(b) $33,000 for the purchase of land in St. George's

Ward for use as a city playground.

debentures issued under the authority of by-laws
numbers 6383, 6444, 6445, 6446, 6447, 6448, 6450,
6561, 6630, 6631, 6633, 6634, 6635 and 6639

(d) $175,000 to provide for the purchase of real property
for housing and storing the plant, equipment,
horses, wagons and other property of the corporation
and for constructing, extending, altering and repair-
ing buildings for such purposes.

5. The council of the said corporation may provide by [ssue of lo
by-law for an issue or issues of debentures payable within ten fures for
years from their date and not exceeding $15,000 to provide ^^j;*^^^'^ p^'"'
for the purchase and installation of traffic control signals and
equipment.

6.— (1) It shall not be necessary for the said corporation Assent^of^^
to obtain the assent of the electors of the said city qualified required,
to vote on money by-laws, to the passing of any of the money
by-laws authorized by sections 2, 4 and 5 of this Act, or to
observe in respect thereto the formalities prescribed by The

Municipal Act in relation to the passing of money by-laws.

Rev. stat.
c. 233.

(2) Debentures issued under the provisions of any of the J^ate^of
said by-laws shall bear interest at such rate as the council of

the said corporation shall, in such by-law, determine and the
principal and interest thereof may be made payable in any
manner authorized by The Municipal Act.

(3) No irregularity in the form of any of the debentures [^^®f§;?^'"|,*Jt
issued under the authority of this Act, or in any by-law ^o^mvaii-
authorizing the issue thereof, shall render the same invalid,

or be allowed as a defence to any action brought against the
corporation of the city of Ottawa for the recovery of the
amount thereof, or any part thereof, or the interest thereon.

7. The council of the said corporation instead of borrowing, consoiida-
by separate money by-laws, the sums authorized by sections ture issues.

4 and 5 of this Act, may consolidate any two or more of such
borrowings of like maturity and issue one series of debentures
therefor; provided that each such consolidating by-law shall
show by recitals or otherwise, the separate sums which make
up the total borrowing, and the purposes for which such
sums are to be expended.

Tax sales g. — (J) All sales of land within the municipality of the city

and deeds ^ ^ , ^ . -^

oonflrmed. of Ottawa made by the treasurer thereof m the year 1928,
purporting to be made for arrears of taxes due in respect of
the lands so sold are validated and confirmed and all convey-
ances of such lands so sold heretofore or hereafter executed
by the mayor, treasurer and clerk of the said city, purporting
to convey the said lands to the purchaser thereof, or to his
assigns, or to the corporation of the said city, as the case
may be, shall have the effect of vesting the lands so sold in
the purchaser thereof, his heirs, and assigns, or in the cor-
poration of the said city, its successors and assigns, as the
case may be, in fee simple, and clear of, and free from, all
right, title, interest and claim whatsoever of the former
owners thereof and their assigns, and of and from all mort-
gages, charges, liens and encumbrances thereon except taxes
accruing after those for the non-payment of w'hich the said
lands were sold.

nutation not (2) Nothing in this section contained shall affect any

affected. action, litigation or other proceeding now pending, but the

same may be proceeded with and finally adjudicated upon in

the same manner and to the same extent as if this Act had not

been passed.

6637^^ ^^" ^•" — (^) By-law number 6637 of the said corporation, a true

confirmed, copy whercof is set out in Schedule "A" to this Act, and all

debentures issued or to be issued under the provisions thereof,

are hereby ratified and confirmed and declared to be legal,

valid and binding upon the said corporation.

Construe- JQ. — (1) The council of the said corporation may provide

pavement on by by-law to be passed under the provisions of The Local
Rev. Stat. Improvement Act, and with the like authority as if such work
had been undertaken under such Act, for undertaking and
completing and for assessing and levying the cost of a local
improvement asphalt and stone block pavement on Bank
Street between Arlington and Gladstone Avenues, notwith-
ftanding that the debentures heretofore issued to provide for
the cost of the existing local improvement pavement upon
the said part of the said street have not been w^holly redeemed.

Payment of (2) Should the council construct the pavement authorized

special rates ,', . ...i,,. i n r •

out of general by subsection 1, it shall raise and pay annually, out ot its
general funds, all such sum? as shall remain to be raised, and

11. The corporation is authorized to carry on the business ^j^o^er of^^
of a warehouvseman and of storing goods, wares and chattels fo/ storage

. T-> 1 J ° goods in

in the buildings of the corporation at Lansdowne Park and tuiidings at
to charge such fees therefor as may be established by by-law Park.
of the corporation, and the provisions of The Warehousemen's Rev. stat.
Lien Act, and of all Acts now or hereafter amending ihe same, ^- '^^^•
or which may be substituted in whole or in part therefor,
shall apply to, and may be availed of by the corporation in
connection therewith.

12. Notwithstanding anything contained in section 55 of Assumption

„,, T , T- At M f ii -1 i- by corpora-.

The Local Improvement Act, the council of the said corporation tion of part
may provide by by-law passed by a vote of three-fourths of moving snow
all the members, that the corporation shall thereafter assume ^"^ ^°®-
and pay any part of proportion of the annual cost of removing
snow and ice from all streets and parts thereof from which it
is proposed to remove the same, not in excess of one-half of
the total cost thereof, and that the remainder of the cost
thereof shall be specially assessed as provided in the said
section.

13. — (1) Subject to the provieions of this section the^y^i'^'^J}.'""
council of the said corporation may undertake as a local Beechwood
improvement under the provisions of The Local Improvement
Act the widening, paving or improving of that part of Beech-
wood Avenue forming the boundary line between the city of
Ottawa and the tow^n of Eastview.

(2) The work shall not be undertaken until the Railway HfJPK^^.'&"''
and Municipal Board has approved of it and if such approval giard!'"''^
is given the Board shall determine what proportions of the
whole cost of the work shall be borne and paid by the cor-
porations of the city of Ottawa and the town of Eastview
respectively and what part or proportion, if any, of the w hole
cost shall be specially assessed against the lands abutting on
the said work as the owners' portion, and the provisions of
subsections 2 to 9 of section 56 of The Local Improvement Act
shall apply to the work, substituting the words "order of the
Railway and Municipal Board" for the word "agreement"
wherever it occurs in the said subsections.

14. This Act except section 8 shall come into force on the g°^t'"Q«f'^'=«-
day upon which it receives the Royal Assent, and section 8 Act.
shall come into force on the 1st day of July, 1930.

SCHEDULE "A"

BY-LAW NUMBER 6637

A by-law of the Corporation of the City of Ottawa to provide for borrow-
ing $30,265.96 upon debentures to pay for the construction of certain
local improvement works.

And whereas the estimated lifetime of the said works is over 15 years,
as shewn in column numbered 10 of the said schedule;

And whereas it is expedient to make the principal of the said debt
repayable in yearly sums during the period of 15 years from the date of
the issue of the said debentures of such amounts, respectively that the
aggregate amount payable for princi; al and interest in any year shall be
equal, as nearly as may be, to the amount payable for the princijral and
interest in each of the other years;

And whereas the amount of the whole rateable property of the Munici-
pality, according to the last revised assessment roll, is $149,323,059.00.

Therefore, the Municipal Council of the Corporation of the City of
Ottawa, enacts as follows: —

2. The said debentures shall all bear interest at the rate of four and
one-half (4^) per centum per annum and have coupons attached thereto

for the rayment of the interest semi-annually, upon the First day of the
months of January and July in each year, which coupons shall be signed
by the Treasurer of the Corporation, whose signature may be written,
stamped, lithographed or engraved thereon.

3. The debentures shall bear the same date and shall be issued within
two years after the date upon which this by-law is passed, and may bear
any date within such two years, and shall be payable within 15 years
from the date of the said debentures with interest at the rate of four and
one-half (4J^) per centum per annum, as shewn by the following schedule,
and the respective amounts of principal and interest payable in each year
of such years shall be as follows: —

Schedule

Amount of
Interest
Years Payable

1 $1,361.97

2 1,296.44

3 1,227.96

4 1,156.40

5 1,081.62

6 1,003.48

7 921.82

8 836.48

9 747.30

10 654.11

11 556.73

12 454.96

13 348.62

14 237.49

15 121.36

Amount of
Principal
Payable
$1,456.21
1,521.74
1,590.22
1,661.78
1,736.56
1,814.70
1,896.36
1,981.70
2,070.88
2,164.07
2,261.45
2,363.22
2,469.56
2,580.69
2,696.82

Annual
Payment
$2,818.18
2,818.18
2,818.18
2,818.18
2,818.18
2,818.18
2,818.18
2,818.18
2,818.18
2,818.18
2,818.18
2,818.18
2,818, 18
2,818.18
2,818.18

$12,006.74 $30,265.96 $42,272.7,0

5. During 15 years, the currency of the debentures, there shall be
raised annually for the payment of the property-owners' portion of the
said debt and interest thereon, the sum of $1,484.78, as shewn in column
numbered 12 of the said Schedule, and for the payment of the Corporation's
portion of the cost and the interest thereon there shall be raised annually
the sum of $1,333.40, as shewn in column numbered 13 of the said Schedule,
making in all $2,818.18, as shown in column numbered 14 of the said
Schedule, to be raised annually for the payment of the said debt and interest.

6. For the payment of the property-owners' portion of the cost of the
works and the interest thereon, the special assessment set forth in the
assessment rolls prepared for the said works, is hereby imposed upon the
lands liable therefor, as therein set forth, which said special assessment,
with a sum sufficient to cover interest thereon at the rate aforesaid, shall
be payable in equal annual instalments during the currency of the deben-
tures, and for that purpose the respective special annual rates per foot
frontage, as shewn in column numbered 16 of the said schedule, are hereby
imposed upon each lot entered in the said special assessment roll for the
said works, according to the assessed frontage thereof, over and above
all other rates and taxes, which special rate shall be collected annually
by the Collector of Taxes for the Corporation at the same time and in the
same manner as other rates during the currency of the said debentures.

8. The debentures may contain any clause providing for the registra-
tion thereof, authorized by any statute relating to municipal debentures in
force at the time of the issue thereof.

11. This By-law shall take effect on the day of the final passing thereof.

Given under the Corporate Seal of the City of Ottawa, this 6th day of
May, A.D. 1929.

(Sgd.) Norman H. H. Lett,

City Clerk.

(Sgd.) Arthur Ellis,

Mayor.

-Xnnual

rate
pi r foot
frontage

52.89

59.021

Frontage

of
assessed
prop rtii'S

Ft. In.

00 oc

OS ■*

Total
amount
to be
raised
annua'ly
for pay-
ment of
debt

1/5 CO

00 to

t»n c!0

00
00

Total
amount
to be
raised
annually
for pay-
ment of
Corpora-
tion's
portion

77.0'2
1,256.38

Total
amount
to be
raised
annually
for pay-
ment of
own' rs'
portion

rn>r>

00 o>

«»>/5 Ol

00
00

Currency
of deben-
tures in
years

m>r>

Estimated

lifetime

)f work in

years

> >

Corpora-
tion's
portion of
total cost

00 CM
« Ov

OC •*
to'

d
to

■>!>■

Property
Owners'
portion of
total cost

1,694.97
14.250.89

vO
X

Total
Cost

2.522.15
27,743.81

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No. 88

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act respecting Service Charges in Rural Power Districts.

Mr. Cooke.

TO RONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 88. 1930.

BILL

An Act respecting Service Charges in Rural Power

Districts.

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

Short title. 1. This Act may be cited as The Rural Power District
Service Charge Act, 1930.

maximum ^- Notwithstanding anything contained in any statute or

service municipal by-law or contract the Lieutenant-Governor in

Council, upon the recommendation of The Hydro-Electric
Power Commission of Ontario, may from timie to time fix a
maximum service charge for any class of service rendered by
the said Commission in a rural power district.

deficu arises 3- — (1) Where such maximum service charge in the case of
""^*^^,,^ any rural power district is not sufficient to meet the necessary
service eost of the service as specified by the Comimission, the deficit

Cfitj,r"-'G

shall be chargeable to and payable out of the Consolidated

Revenue Fund.

Pn^vi^tuje"^ (2) The payments made out of the Consolidated Revenue

subsequent ^ und Under subsection 1 shall be charged to a suspense account
surplus. to be known as the "Rural Power Service Suspense Account"

in the books of the Treasurer of Ontario and any surplus
thereafter arising from any maxim. um service charge shall be
paid over to the Treasurer of Ontario and placed to the credit
of such suspense account.

Commence- 4. This Act shall cone into force on the day upon which

iiie.it of Act. . . J t-

it receives the Royal Assent and shall have effect as from
the 1st day of January, 1930.

Explanatory Note

The object of this Bill is to extend the benefits of the power develop-
ment and distribution system of the Province to rural power consumers.

It is expected that where owing to the fixing of the rates a deficit is
occasioned the resulting increase in business in any rural power district
will ultimately enable the Commission to recoup the Province for any
loss sustained.

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No. 88

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act respecting Service Charges in Rural Power Districts.

Mr. Cooke.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 88.

1930.

BILL

An Act respecting Service Charges in Rural Power

Districts.

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

1. This Act may be cited as The Rural Power District
Service Charge Act, 1930.

2. Notwithstanding anything contained in any statute or
municipal by-law or contract the Lieutenant-Governor in
Council, upon the recommendation of The Hydro-Electric
Power Commission of Ontario, may from time to time fix a
maximum service charge for any class of service rendered by
the said Commission in a rural power district.

3. — (1) Where such maximum service charge in the case of
any rural power district is not sufficient to meet the necessary
cost of the service as specified by the Commission, the deficit
shall be chargeable to and payabje out of the Consolidated
Revenue Fund.

(2) Payments made out of the Consolidated Revenue Fund
under subsection 1 on account of any rural power district shall
be charged to that rural power district in a special account to
be known as the "Rural Power Service Suspense Account" in
the books of the Treasurer of Ontario and any surplus there-
after arising from any maximum service charge in that rural
power district shall be paid over to the Treasurer of Ontario
and placed to the credit of the rural power district in such
suspense account until the deficit is extinguished.

(3) Where a deficit arises in any rural power district owing
to the application of the maximum service charge under this
section, the maximum service charge as fixed from time to
time by the Lieutenant-Governor in Council shall remain in
force and be charged in that rural power district until the
deficit is extinguished.

ment"cff^Ac't. ^- ^^^^^ Act shall come into force on the day upon which
it receives the Royal Assent and shall have effect as from
the 1st day of January, 1930.

Short title.

Fixing
maximum
service
charge.

Where

deficit arises

under

maximum

service

charge.

Recouping
Province
out of
subsequent
surplus.

Maximum
service
charge to
remain in
force until"?
deficit paid.

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No. 89

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Municipal Act.

Mr. Wright.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 89.

1930.

BILL

An Act to amend The Municipal Act.

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

c!" 233^8^435, 1- Section 435 of The Municipal Act is amended by striking
amended, out the words "with the assent of the municipal electors" in
the second and third lines thereof.

Explanatory Note.

Under section 435 as it stands the council in a city having a popula-
tion over 200,000 may with the assent of the municipal electors pay an
annual allowance of $1,200 to aldermen and an additional allowance
of $100 to each chairman of a standing committee, and to the chairman
of the court of revision and the local board of health.

The object of the Bill is to dispense with the assent of the municipal
electors.

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No. 90

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Assessment Act.

Mr. McBrien

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 90. 1930.

BILL

An Act to amend The Assessment Act.

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

Rev. Stat., 1. The paragraph numbered 22 in section 4 of The Assess-
par. 22," ' ment Act is repealed and the following substituted therefor:

repealed.

on^tncome! 22. The annual income derived from any source by any

person assessable directly in respect to income under
this Act, to the amount of $3,000 if such person is
a householder in the municipality and assessed as
such, or being the head of a family occupies with
his family any portion of a dwelling house although
not assessed therefor, or if the person is a widow or
over sixty years of age, and to the amount of $1,500
in the case of all other persons; provided that
where a husband and wife living together have each
a separate income in excess of $1,500 each shall
receive an exemption of $1,500 in lieu of the exemp-
tion hereinbefore set forth.

Rev. Stat., 2. The paragraph numbered 23 in section 4 of The Assess-
par. 23,^' ' ment Act is amended by striking out the words "derived from
amended. personal earnings" in the first line thereof.

Explanatory Note.

This Bill proposes to grant a flat exemption of $3,000 on income
derived from any source in the case of a householder or the head of a
family, and $1,500 in all other cases.

At present personal earnings are exempt up to $3,000 in the case of a
householder or the head of a family, and to the extent of $1,500 in other
cases, but on income from investments the exemption is $1,000 where
the income from all sources does not exceed $2,000, and in the case of a
widow or a person over 60 years of age it is $2,000 where the income
from all sources does not exceed $3,000.

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No. 91

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to provide for Granting Aid towards the Installation of
Electrical Works in Rural Power Districts.

Mr. Cooke,

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 91.

1930.

BILL

An Act to provide for Granting Aid towards the

Installation of Electrical Works in Rural

Power Districts.

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

Short title. -^ This Act may be cited as The Rural Power District Loans
Act, 1930.

Interpreta-
tion.

"Commis-
sion."

2. In this Act,—

(a) "Commission" shall mean The Hydro-Electric Power
Commission of Ontario.

"Regula-
tions."

{b) "Regulations" shall mean regulations m.ade under the
authority of this Act.

-(1) The Lieutenant-Governor in Council may set
out of the Consolidated Revenue Fund a sum not

Fund of Q

$2,000,000 **-~

set apart to anar-i-

aid installa- apart

tion in rural exceeding $2,000,000 for the purpose of providing advances
districts. towards the installation of electrical services in rural power

districts.

Payments
out of fund
to Commis-
sion.

(2) The Lieutenant-Governor in Council may from time to
time direct that such payments be made to the Commission
out of the moneys so set apart as the Commission may report
to be necessary in order to enable advances to be made under
this Act.

What instai- (3) Subject to the regulations the installation in respect of
include. which aid may be granted under this Act shall include, —

(a) wiring from the transmission or distribution lines of
the Commission into and throughout dwellings.

Explanatory Notes.

This Bill is modelled to some extent upon The Tile Drainage^ Act
except that the loan is made directly by the Commission to the applicant
instead of being passed upon by the municipal council.

Section 3 provides for the setting apart of a fund for the purpose
of making the advances and for payments out of the fund to the Com-
mission from time to time. The definition of "installation" is made as
wide as possible in view of possible changes in conditions and exceptional
circumstances which will have to be met.

Application
for advance.

Proofs to

accompany

application.

Notice to
encum-
brancers.

Ijimit of
amount of
advance.

Control a.g
to installa-
tion and
specifica-
tions.

Repayment
of advance.

barns, outhouses and any other works which may
from time to time be specified in regulations made
under the authority of this Act;

(b) such transformers, motors and other appliances as
may be necessary or expedient for any industrial,
agricultural or domestic purposes or which may be
specified in the regulations.

4. — (1) A person assessed as owner and being the actual
owner of lands and premises in a rural power district desiring
to procure an advance under this Act may make application,
in the form prescribed by the regulations, to the Commission.

(2) The application shall not be acted upon unless it is
accompanied by the declaration of the applicant stating that
he is the actual owner of the lands and premises mentioned in
the application and that the same is free from encumbrance,
or if the lands and premises, or any part thereof, are mortgaged
or otherwise encumbered, stating the name and address of
the mortgagee or encumbrancer, and where it has been
assigned, the name of the assignee of the mortgage or encum-
brance, with his address.

(3) Where it appears that there is a mortgage or encum-
brance upon the lands or premises or any part thereof the '
application shall not be disposed of until two weeks after
the mortgagee, encumbrancer or assignee has been notified
of the application by registered letter sent to him by the
secretary of the Commission to his last-known address.

5. An advance under this Act shall not exceed in amount
the sum of $1,000 in the case of any one owner, and every
such advance shall be repayable with interest within twenty
years at the furthest.

6. Every installation in respect of which an advance is
made under this Act shall be made in such manner and
according to such specifications as the Commission may
prescribe and the work of installation shall be subject to the
approval of the Commission and no advance shall be made
under this Act except upon the recommendation of the
Commission.

t. — (1) Every advance made under this Act shall be a debt
due from the owner of the lands and premises upon which
the installation is made to the Commission and shall be
repayable to the Commission at the time and in such manner
as may be prescribed by the regulations, and the amounts so
received by the Commission shall be transmitted to the
Treasurer of Ontario.

Section 4 provides that the application may be made by the actual
owner of the land upon which the installation is to take place and provides,
as in the case of The Tile Drainage Act, that notice shall be given to
encumbrancers as any arrears in repayment of the advance will be a first
charge upon the land.

Section 5 limits the amount which may be advanced to any one person
as in the case of The Tile Drainage Act.

Section 6 provides that the installation be subject to the approval of
the Commission. At the present time the Commission has to approve of
every electrical installation even when the work is of a minor character.

Section 7 provides for the repayment of the advance and for enforcing
the collection of arrears by having them placed upon the collectors' roll
of the municipality.

Collection
as taxes in
case of
default.

Registration
of notice
of lien.

(2) Where default is made in the repayment of any advance
under this Act, or in any instalment thereof, or in the pay-
ment of interest thereon, the Commission may give notice in
writing of such default to the clerk of the municipality in
which the lands and premises are situate, and the amount in
default shall thereupon be inserted in the collectors' roll as
a tax in the same manner and with the same effect as in the
case of municipal taxes, and when collected shall be paid over
by the treasurer of the municipality to the Commission.

8. — (1) The Commission shall cause a notice of the advance,
in the form prescribed by the regulations, to be registered in
the proper registry or land titles office and such registration
shall be notice to subsequent purchasers or mortgagees or
other encumbrancers that the advance made under this Act
is a lien or charge upon the lands and premises owned by
the applicant.

of^certiflcate (2) Where uotice has been registered under subsection 1
of . and the advance has been subsequently repaid, a certificate

repayment. . , r -i , t i , •

oi repayment m the form prescribed by the regulations, may
be delivered to the owner of the lands and premises and may
be registered by him, and such registration shall have the
effect of discharging the lien or charge.

Fee.

(3) The fee for registering a notice or certificate of repay-
ment under this section shall be fifty cents.

Property in
works to be
in Commis-
sion until
advance
repaid.

9.- — (1) The property in any works installed in respect of
which an advance is made under this Act shall, while such
advance remains unpaid, be in the Commission, and in
addition to any other remedy, in case of default in repayment
of the advance, or of any instalment thereof, or in the pay-
ment of interest thereon, the Commission may by its officers,
servants and agents enter upon the premises and take posses-
sion of and remove transformers, motors or other appliances
or fixtures forming part of such installation.

iien°note°^^'^ (2) ^ chattel mortgage, lien note or other instrument
etc. registered or filed, or any judgment or other legal process

shall not have priority over the lien created by an advance

from the Commission under this Act.

Regulations. jQ Subject to the provisions of this Act the Lieutenant-
Governor in Council may make regulations prescribing the
terms and conditions upon which advances may be made
under this Act and generally for the better carrying out of
the provisions of this Act.

ment"oTA^ct ^^' ^^^^ ^^^ shall come into force on the day upon which
it receives the Royal Assent.

Section 8 provides for the registration of notice of the advance so as
to protect subsequent purchasers or mortgagees and for the registration of
a certificate of payment when the debt is discharged.

9 provides an additional remedy by the removal of trans-
_„i: ^t. ^4.,, :„ which is to be in the

Section ^ p^v^.^viv.^ i^ ^^^.^.^ — .. j ~j —

formers, motors or other appliances the property in w
Commission until the advance is repaid. Subsect
advance against the registration ' -^-'-•--^ •-

notes, etc.

IS repaia. ouusecuiuu 2 protects the
of chattel mortgages, conditional sale

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No. 91

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to provide for Granting Aid towards the Installation of
Electrical Works in Rural Power Districts.

Mr. Cooke.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 91.

1930.

BILL

An Act to provide for Granting Aid towards the

Installation of Electrical Works in Rural

Power Districts.

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

Short title. \ This Act may be cited as The Rural Power District Loans
Act, 1930.

Interpreta-
tion.

"Commis-
sion."

2. In this Act,—

(a) "Commission" shall mean The Hydro-Electric Power
Commission of Ontario.

"Regula-
tions."

{h) "Regulations" shall mean regulations made under the
authority of this Act.

|2^ooo°ooo 3- — (1) The Lieutenant-Governor in Council may set
aidmsYa*iia° ^P^^^ out of the Consolidated Revenue Fund a sum not
tion in rural exceeding $2,000,000 for the purpose of providing advances
districts. towards the installation of electrical services in rural power
districts.

Payments
out of fund
to Commis-
sion.

What instai- (3) Subject to the regulations the installation in respect of
include. which aid may be granted under this Act shall include, —

{a) wiring from the transmission or distribution lines of
the Commission into and throughout dwellings.

barns, outhouses and any other works which may
from time to time be specified in regulations made
under the authority of this Act;

(b) such transformers, motors and other appliances as
may be necessary or expedient for any industrial,
agricultural or domestic purposes or which may be
specified in the regulations.

4.— (1) A person assessed as owner and being the actual ^PPi^cation
owner of lands and premises in a rural power district desiring
to procure an advance under this Act may make application,
in the form prescribed by the regulations, to the Commission.

(2) The application shall not be acted upon unless it is Proofs to
accompanied by the declaration of the applicant stating that application.
he is the actual owner of the lands and premises mentioned in

the application and that the same is free from encumbrance,
or if the lands and premises, or any part thereof, are mortgaged
or otherwise encumbered, stating the name and address of
the mortgagee or encumbrancer, and where it has been
assigned, the name of the assignee of the mortgage or encum-
brance, with his address.

(3) Where it appears that there is a mortgage or encum- Notice to
brance upon the lands or premises or any part thereof thebrancers.
application shall not be disposed of until two weeks after

the mortgagee, encumbrancer or assignee has been notified
of the application by registered letter sent to him by the
secretary of the Commission to his last-known address.

5. An advance under this Act shall not exceed in amount Limit of

1 r in>A /->,^/-> • 1 r amount of

the sum of $1,000 in the case of any one owner, and every advance.
such advance shall be repayable with interest within twenty
years at the furthest.

6, Every installation in respect of which an advance is Control as^
made under this Act shall be made in such manner andtionand
according to such specifications as the Commission maytions.
prescribe and the work of installation shall be subject to the
approval of the Commission and no advance shall be made

under this Act except upon the recommendation of the
Commission.

7. — (1) Every advance made under this Act shall be a debt ^f®P|y^®^*
due from the owner of the lands and premises upon which
the installation is made to the Commission and shall be
repayable to the Commission at the time and in such manner
as may be prescribed by the regulations, and the amounts so
received by the Commission shall be transmitted to the
Treasurer of Ontario.

Collection
as taxes in
case of
default.

Registration
of notice
of lien.

(2) Where default is made in the repayment of any advance
under this Act, or in any instalment thereof, or in the pay-
ment of interest thereon, the Commission may give notice in
writing of such default to the clerk of the municipality in
which the lands and premises are situate, and the amount in
default shall thereupon be inserted in the collectors' roll as
a tax in the same manner as in the case of municipal taxes,
and when collected shall be paid over by the treasurer of the
municipality to the Commission.

Registration
of certificate
of
repayment.

(2) Where notice has been registered under subsection 1
and the advance has been subsequently repaid, a certificate
of repayment in the form prescribed by the regulations, may
be delivered to the owner of the lands and premises and may
be registered by him, and such registration shall have the
effect of discharging the lien or charge.

Fee.

(3) The fee for registering a notice or certificate of repay*
ment under this section shall be fifty cents.

Property in
worlds to be
in Commis-
sion until
advance
repaid.

9. — (1) The property in any works installed in respect of
which an advance is made under this Act shall, while such
advance remains unpaid, be in the Commission, and in
addition to any other remedy, in case of default in repayment
of the advance, or of any instalment thereof, or in the pay-
ment of interest thereon, the Commission may by its officers,
servants and agents enter upon the premises and take posses-
sion of and remove transformers, motors or other appliances
or fixtures forming part of such installation.

uerfnote"^^^ (2) ^ chattel mortgage, lien note or other instrument
etc. registered or filed, or any judgment or other legal process

shall not have priority over the lien, created by an advance

from the Commission under this Act.

Regulations. j^Q. Subject to the provisions of this Act the Lieutenant-
Governor in Council may make regulations prescribing the
terms and conditions upon which advances may be made
under this Act and generally for the better carrying out of
the provisions of this Act.

SeS;Tf"Al;'t ^^' ^^^^ ^^^ ^^^^^ come into force on the day upon which
it receives the Royal Assent.

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No. 92

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Silicosis Act, 1929.

Mr. Godfrey.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 92. 1930.

BILL

An Act to amend The Silicosis Act, 1929.

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

Short title. J jj^ig j^^^ j^^y ^^ ^j^gj ^g j^f^^ Silicosis Ad, 1930.

ime^rided.^' 2. The SiUcosis Ad, 1929, is amended by adding thereto
the following section :

fo1-"non^ 9a. Every person who, —

compliance
with Act,

(a) being the owner, manager, proprietor or
superintendent of any vvorks to which this Act
applies, refuses or neglects to comply with
the requirements of this Act, or with any
direction lawfully given under this Act, or
with any regulation made under this Act; or

(&) employs any person, or permits any person to
be employed who is rot the holder of a sub-
sisting certificate given by a medical examiner
under this Act that such person is medically
fit to be employed in the cutting, polishing
and finishing of granite, or in the treatment
of any other substance to which this Act may
be made applicable,

shall be guilty of an ofifence and may be proceeded
Rev. Stat. against under The Summary Convidions Ad and

°- ^^^- upon conviction shall incur a penalty of not less

than $100 nor more than $500.

SentTf'"''^" 3. This Act shall come into force on a day to be named by
^°*^- the Lieutenant-Governor by his Proclamation.

Explanatory Note.

The object of this Bill is to impose a penalty for offences against The
Silicosis Act, 1929, and define the offence for which the penalty may be
imposed.

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No. 92

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Silicosis Act, 1929.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 92.

1930.

BILL

An Act to amend The Silicosis Act, 1929.

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

Short title.

1929, c. 71,
amended.

Penalty
for non-
compliance
with Act,

Rev. Stat.
0. 121.

Commence-
ment of
Act.

1. This Act may be cited as The Silicosis Act, 1930.

2. The Silicosis Act, 1929, is amended by adding thereto
the following section :

9a. Every person who, —

(a) being the owner, manager, proprietor or
superintendent of any works to which this Act
applies, refuses or neglects to comply with
the requirements of this Act, or with any
direction lawfully given under this Act, or
with any regulation made under this Act; or

{h) employs any person, or permits any person to
be employed who is rot the holder of a sub-
sisting certificate given by a medical examiner
under this Act that such person is medically
fit to be employed in the cutting, polishing
and finishing of granite, or in the treatment
of any other substance to which this Act may
be made applicable,

shall be guilty of an offence and may be proceeded
against under The Summary Convictions Act and
upon conviction shall incur a penalty of not less
than $100 nor more than $500.

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

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No. 94

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Assessment Act.

Mr. Martin (Brantford).

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 94.

1930.

BILL

An Act to amend The Assessment Act.

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

Rev, Stat.,
C. 238, s. 143,

fl^oon-*^' CO enacted by section 8 of The Assessment Amendment Act, 1929,

(1929, C. o.:!, . -' . . . ' . '

s. 8.) IS amended by striking out the words "having a population of

not less than 100,000" in the first and second lines.

1. Subsection 1 of section 143 of The Assessment Act as

Explanatory Note.

Last Session cities over 100,000 were authorized to charge interest on
arrears of taxes, including business and income, at the rate of six per cent,
from the first of May in the year following that in which the taxes were
levied. The Bill would extend this power to all cities.

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No. 95

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Municipal Act.

Mr. Elliott (Bruce North).

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 95.

BILL

1930.

An Act to amend The Municipal Act.

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

Rev. Stat.
c. 2.33,
B. 48,
subs. 3,
amended.

Composition
of Council
in town
under 3,000.

1. Subsection 3 of section 48 of The Municipal Act is
amended by adding thereto the following clause : —

(c) Where the town has a population of not more than
three Thousand, the number of councillors may by
by-law be reduced from six to four, with or without
the assent of the electors.

Explanatory Note

The Bill provides a further option for the constitution of a council in a
town not less than 3,000.

At present the council of a town of less than 5,000 is composed of a
mayor, a reeve, as many deputy reeves as the council is entitled to, and
six councillors to be elected by general vote, and where the council so
provides one councillor for each ward, and the remainder of the six to be
elected by general vote.

The Bill would authorize a reduction from six to four.

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No. 96

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act for the Prevention of Forest Fires.

Mr. Finlayson

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 96.

1930.

BILL

An Act for the Prevention of Forest Fires.

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

Short title.

Interpre-
tation,

"Minister.

1. This Act may be cited as The Forest Fires Prevention
Act, 1930.

2. In this Act,—

(a) "Minister" shall mean the Minister of Lands and
Forests ;

"Regu-
lations."

"Depart-
ment."

"Owner."

(b) "Regulations" shall mean regulations made under
the authority of this Act;

Forests ;

(d) "Owner" shall include locatee, purchaser from the
Crown, assignee, lessee, occupant, timber licensee,
holder of mining location, and any person having the
right to cut timber and wood upon any land. R.S.O.
1927, c. 291, s. 1, amended.

Proclama-
tion of fire
districts.

3. — (1) The Lieutenant-Governor in Council may by
proclamation declare any part of Ontario described in the
proclamation a fire district.

Publication.

(2) Such proclamation shall be published in the Ontario
Gazette, and the part so described shall, from and after publica-
tion, be a fire district within the meaning of this Act. R.S.O.
1927, c. 291, s. 2 (1,2).

Changing
fire district.

(3) The Lieutenant-Governor in Council may by proclama-
tion terminate, extend, reduce or otherwise change such fire
district. R.S.O. 1927, c. 291, s. 2 (3), amended.

Explanatory Notes.

Section 2. This is the same as section 1 of the present Act except
that the definition of "owner" (clause d) has been extended to include a
lessee and the holder of a mining location, both of these having the right
at present, under certain circumstances, to cut timber.

Section 3.— (1), (2).
of the present Act.

The same as subsections 1 and 2 of section 2

(3) The change made here is to give greater elasticity in enabling
the Lieutenant-Governor in Council to fix the boundaries of fire districts.

Forester— 4. The Lieutenant-Governor in Council may, upon the
meiit'of" recommendation of the Minister, appoint a Provincial
Forester for the purpose of carrying out the provisions of this
Act and the regulations. R.S.6. 1927, c. 291, s. 3.

Duties.

5. The Provincial Forester shall have charge, under the
direction of the Minister, of the administration and enforce-
ment of this Act. R.S.O. 1927, c. 291, s. 4.

Officers for
enforcement
of Act.

Arrange-
ments with
owner for
additional
fire pro-
tection.

Appoint-
ments.

6. The Minister may employ for the purposes of enforcing
the provisions of this Act, such number of persons as he may
deem necessary and who shall be subject to his instructions.
R.S.O. 1927, c. 291, s. 5.

7. — (1) Where the owner of any land in a fire district
desires to provide protection from fire upon such land in
addition to that authorized by the foregoing provisions of this
Act, the Minister may arrange with such owner for the
appointment of extra or special officers upon such land for the
enforcement of this Act and the regulations.

(2) Every such appointment shall be made or approved by
the Minister and, subject to the regulations, the persons so
appointed may exercise and perform the powers and duties of
fire rangers or other officers appointed for the enforcement of
this Act.

Payment
of extra
rangers.

season in fire
districts.

(3) Every person appointed under subsection 1 shall be paid
by the owner of the land such salary or other remuneration as
the Minister may direct or approve. R.S.O. 1927, c. 291,
s. 6 (1-3).

8. — (1) Subject to the regulations the period from the 1st
day of April to the 15th day of October in each year shall be
known as the close season in respect to the setting out of fire.
R.S.O. 1927, c. 291, s. 7 (1), amended.

Setting
out fire in

(2) During the close season no person shall set out fire in a
close season, ^j.^ (jig^rict except under the circumstances and subject to the
conditions prescribed by the regulations. R.S.O. 1927, c. 291,

s. 7 (2).

Setting
out fire
contrary to
regulations.

9. Every person who sets out fire for the purpose of clearing
land, removal of waste or debris or who uses fire for industrial
purposes in a fire district during the close season, except in
accordance with the regulations shall be guilty of an offence
against this Act. R.S.O. 1927, c. 291, s. 8, amended.

Regu-
lations.

10. The Lieutenant-Governor in Council upon the recom-
mendation of the Minister may make regulations, —

Sections 4, 5 and 6, These are the same as sections 3, 4 and 5 of the
present Act.

Section 7. This is the same as the present section 6 except that the
present subsection 4 which interpreted the term "owner" as used in this
section, has been omitted.

Section 8. This extends the close season for setting out fire from the
30th day of September to the 15th day of October,

Section 9. This is the same as section 8 of the present Act except
that the penalty is left to the general penalty section of the Bill.

Section 10. The only change from the present section 9 is that in the
clause (a) the words "or restricting" have been added after the word
"extending."

Extending
close season.

Permits.

(a) for extending or restricting the close season for any
or all of the fire districts in any year to such date as
may be deemed necessary;

(b) for granting permits for the use of fire within any fire

district, for clearing land, disposal of debris and other
inflammable waste, and for industrial purposes; the
conditions on which such permits may be granted;
the precautions to be taken in the use of fire under
permit, and the appliances, implements and
apparatus to be kept at hand by the holders of
permits;

As to setting
out for use
of Are.

Use of fire
out of doors.

which fire may be set out or used for any such
purposes without the issue of a permit therefor;

(d) regulating the use of fire out of doors for cooking or
obtaining warmth ;

Fire
guards, etc.

(e) providing for the making of fire guards and the taking
of other precautionary measures when, owing to
drought or other circumstances, the Minister deems
danger from fire to any town or settlement especially
imminent ;

Accumula-
tion of in-
flammable
material.

(/) regulating or preventing the piling or accumulation of
brushwood, debris and other inflammable material;

Destruction
and disposal
of inflam-
mable
material.

(g) empowering the Provincial Forester, or any officer or
servant of the Department to enter upon the lands of
any corporation or individual for the purpose of
removing, destroying and disposing of any such
inflammable substance and providing that the cost
of such work shall be borne by such individual or
corporation and be recoverable by action at the suit
of the Minister;

Protective
appliances
on engines,
etc.

(h) prescribing and regulating the use of fire protective
appliances on locomotive engines, logging engines,
portable engines, traction engines or stationary
engines, using fuel other than oil, and for compelling
the use of such appliances and prescribing the pre-
cautions to "be taken for preventing forest fires being
caused by such use or operation ;

Collection
of cost,

(i) providing for the collection of the cost of any work
done under the authority of this Act by the Pro-
vincial Forester, or any officer of the Department,
or of a municipal corporation.

Prescribing
penalties.

General.

Powers of
Provincial
Porester as
to clearing
iUP land.

(j) prescribing penalties for the violation of the regu-
lations;

(k) generally for the better carrying out of forest fire
prevention and the provisions of this Act. R.S.O.
1927, c. 291, s. 9, amended.

11. — (1) Wherever the Provincial Forester finds upon the
land of any person or corporation in a fire district conditions
existing which, in his opinion, may be the cause of danger to
life or property from fire, he may order the owner or person in
control of the land to do what, in the opinion of the Provincial
Forester, is necessary to remove such danger, and in default
may enter upon such land with such assistants as he may
deem necessary for the purpose of removing the danger.

Cost of work, ^2) The cost of any work done by the Provincial Forester or
his assistants under subsection 1 shall be borne and paid by
the owner or person in control of such lands and shall be
recoverable by the Provincial Forester by action in any court
of competent jurisdiction. R.S.O. 1927, c. 291, s. 10(1,2).

Penalty,

Offences*

Using

engines with-
out pre-
scribed safe-
guards.

(3) Any person who neglects or refuses to carry out any
order or direction given by the Provincial Forester or any
officer acting under the authority of subsection 1 shall be
guilty of an offence against this Act. R.S.O. 1927, c. 291,
s. 10 (3), amended.

12. — (1) During the close season in any year it shall be
unlawful for any person or corporation in a fire district, —

(a) to use or operate within a quarter of a mile of any forestg
slashing or bush land any locomotive, logging engine,
portable engine, traction engine or stationary engine,
using fuel other than oil, which is not provided with a
practical and efficient device for arresting sparks,
together with an adequate device for preventing the
escape of fire or live coals from all ash pans and fire
boxes, and which does not comply in every respect
with any regulations for the time being made and in
force under and by virtue of the provisions of this
Act;

Destroying
waste, etc.,
without
spark
arresters.

(b) to destroy any wood or waste material by fire within
any burner or destructor operated at or near any mill
or manufactory or to operate any power-producing
plant using in connection therewith any smoke-
stack, chimney or other spark emitting outlet, with-
out installing and maintaining on such burner or
destructor or on such smoke-stack, chimney or spark-

Section 11. The same as section 10 of the present Act except that
the penalty is left to the general penalty section.

Section 12. The same as section 11 of the present Act except that
the present subsection (3) which provides a penalty for offences against
the provisions of the section, has been omitted.

emitting outlet a safe and suitable device for arresting
sparks complying in all respects with the regulations.

?re°or^ihfe (2) No such railway company shall permit fire, live coals or

coals. ashes to be deposited on its tracks or right-of-way unless they

ai-e extinguished immediately thereafter, except in pits
provided for the purpose. R.S.O. 1927, c. 291, s. 11 (1,2).

njunction. ^^^ Notwithstanding the penal provisions of this Act, any
court of competent jurisdiction may upon the application of
the Provincial Forester, grant an injunction against the use
of any locomotive, engine, burner or destructor until il shall
have been equipped with safety appliances to the satisfaction
of the said officer. R.S.O. 1927, c. 291, s. 11 (4).

engineer. 13. It shall be the duty of every engineer in charge of any

engine to see that all safety appliances required by this Act
or by the regulations are properly used and applied, and in
default he shall be guilty of an offence against this Act.
R.S.O. 1927, c. 291, s. 12. Amended.

munkjipauty 14. — (1) Where it appears to the municipal council of a city,

compiafnt to town Or township in a provisional judicial district that the

Forester^' Condition of any land in the municipality or adjacent thereto

is by reason of unfinished clearing a source of danger from fire

to property in the municipality, the council may cause a

statement of the facts to be made to the Provincial Forester.

S)mp/afnt"^° (2) The Provincial Forester shall make inquiry as to the
conditions described by the council and shall report the result
of his inquiry to the council with his recommendation as to
what action, if any, should be taken thereon.

S°owner to i^) Where the Provincial Forester finds that cause for
fand'^ ^P complaint exists owing to the unfinished clearing of land the
council may give notice to the owner of the land directing
him, within a time to be named in the notice, to properly
clean up the land or such part thereof or to such extent as the
Provincial Forester may direct and designate in his report and
to remove, as far as possible, all source of danger by fire.

of1fw"ner,— (4) If within the time so fixed the necessary work has not

by^c^or^^ora been done, the corporation of the municipality may cause the

lion. work to be done and the land to be cleaned up and the expenses

of the corporation in doing such work shall be a charge upon

the land and shall be payable by the owner forthwith.

Recovery (5) If the land is patented and lies in an organized munici-

of expenses ,. . r i • • i • i • i

where land pality the treasurer or the municipal corporation doing the
in organized work shall notify the clerk of the municipality in which the

territory.

Section 13. The same as section 12 of the present Act except that
the penalty is left to the general penalty section.

Sections 14, 15. These are the same as sections 13 and 14 of the
present Act with the exception of a slight change in the wording. They
make no change in the law.

land lies of the amount so due and if after thirty days after the
date of the receipt of such notice the amount remains unpaid
the corporation of the municipality in which the land lies
shall pay the amount to the treasurer of the municipality
doing the work and the corporation making such payment
may thereupon register or lodge in the proper registry or land
titles office, a declaration under the hand of the reeve or other
head and clerk of the municipality and the treasurer thereof
and having the corporate seal affixed thereto, declaring that
the municipal corporation claims a lien upon the land for
the amount so paid and interest thereon at the rate of seven
per centum per annum.

ganized
territoi-y.

Where land (6) If the land is patented and lies in territory without

18 patentend ... ... ... ...

in unor- municipal organization the municipal corporation doing the
work may register or lodge in the proper registry or land
titles office, a declaration to the same effect as the declaration
mentioned in subsection 5 under the hand of the reeve or other
head of the corporation and the treasurer thereof and having
the corporate seal affixed thereto, stating that the corporation
claims a lien upon the land for the amount of such expenses
with interest at the rate of seven per centum per annum from
the date of the c'eclaration. R.S.O. 1927, c. 291, s. 13 (1-6).

Effect of
registration.

(7) Upon the registration or filing of the declaration men-
tioned in subsections 5 and 6, the municipal corporation
making the declaration shall have a lien upon the land for the
amount claimed and such lien shall have priority according
to the general law of Ontario and if the claim remains unpaid
for a period of three months after registration and filing the
same may be enforced by the sale of the land in the manner
provided for in the regulations hereto or hereafter to be made.
R.S.O. 1927, c. 291, s. 13 (7), amended.

"Owner," —
meaning of.

(8) In this section "owner" shall mean locatee, purchaser
from the Crown, assignee, purchaser or occupant. R.S.O.
1927, c. 291, s. 13 (8).

Duty of
reeve as to
summoning
assistance
at fires.

15. — (1) Upon information being received by the reeve of
a township or, in the absence of the reeve, the deputy reeve
next in authority to the reeve of such township, that a timber
*or forest fire in such township is in progress and is hazardous,
said reeve, or deputy reeve, as the case may be, shall make
inquiry as to said fire and if, in his opinion, such fire is
hazardous, he shall employ or summon the assistance of such
male persons between the ages of eighteen and sixty years,
resident in such township, excepting only railway trainmen,
telegraphers and despatchers on duty, doctors and persons
physically unfit, as in his judgment may be necessary or avail-
able for the purpose of fighting and extinguishing such fire.

Remunera-
tion of per-
sons assist-
ing.

(2) The municipal council of such township may pass a
by-law fixing the amount of the remuneration to be paid to
the persons so employed for the services rendered by them,
and in the absence of such by-laws such remuneration shall
be made therefor as in the judgment of the judge of the county
or district in which such township is situate is reasonable and
just. R.S.O. 1927, c. 291,s. 14.

Responsi-
bility of
township.

16. It shall be the duty of the municipal corporation of any
organized township to make provision for extinguishing timber
or forest fires in the township and the costs and expenses
thereof shall be borne by the corporation of the township,
provided that where a fire occurs which is beyond control by
the means at the disposal of the corporation of the township,
the reeve or acting head of the corporation may call on the
Department for assistance and the Department, if it thinks
fit, may furnish such assistance, and one-half of any costs or
expenses incurred by the Department in extinguishing such
fire shall be repayable by the corporation of the township and
recoverable by the Department from the township in any
court of competent jurisdiction. New.

Constables,
justices of
the peace, —
appoint-
ment of.

17. — (1) The Lieutenant-Governor in Council may appoint
constables for the enforcement of the provisions of this Act,
and may appoint one or more of^cers or agents of the Depart-
ment justices of the peace for the purpose of taking cognizance
of and dealing with ofifences against the provisions of this Act
or the regulations made thereunder, and each officer and agent
so appointed a justice of the peace shall have the jurisdiction
of a justice of the peace in and for the territorial district
specified in his commission.

Appoint-
ment of
temporary
constables.

(2) The Minister may appoint one or more constables for a
period not exceeding six months, for the carrying out of the
provisions of this Act.

Arrests
without
warrant.

(3) A constable appointed under this section may, without
warrant, arrest any person found violating any provision of
this Act and take him before a justice or justices of the peace
and there make complaint.

Right
to summon
assistance
at fires,

(4) For the purpose of controlling and extinguishing any
fire, any offtcer or other employee of the Department may
employ or summon the assistance of any male person between
the ages of eighteen and sixty years, excepting only trainmen,
telegraphers and despatchers on duty, doctors and persons
physically unfit. R.S.O. 1927, c. 291, s. 15 (1-4).

Penalty
for refusing
to assist.

(5) Every person who refuses or neglects to render assist-
ance when required under any of the provisions of this section

Section 16. This is new and makes it the duty of the municipal
corporation of any organized township to make provision for extinguishing
timber or forest fires making the township liable for the cost, except that
where the Department is satisfied that the fire is beyond the control of
the township authorities it may furnish such assistance as is necessary,
when one-half the cost so incurred shall be paid by the township and
one-half by the Province.

Sections 17-22. These are the same as sections 15 to 20 of the
present Act except that the penalty is left to the general penalty section.

shall be guilty of an ofifence against this Act. R.S.O. 1927,
c. 291, s. 15 (5), amended.

Burning
matches,
ashes, etc,

18. Any person who throws or drops any burning match,
ashes of a pipe, lighted cigar or other burning substance in a
fire district without extinguishing the same, and any person
who discharges a gun within a fire district without seeing that
the wadding from such gun is extinguished shall be guilty of
an offence against this Act. R.S.O. 1927, c. 291, s. 16,
amended.

Right of
Provincial
Forester
to enter on
prenaises.

19. The Provincial Forester and every officer acting under
his direction shall have the right while in the performance of
his duties to enter into and upon any lands and premises other
than a private dwelling, store, storehouse, or farm building,
and every person who hinders, obstructs and impedes any such
officer in the performance of his duty shall be guilty of an
offense against this Act. R.S.O. 1927, c. 291, s. 17, amended.

?T^fialinl 20.— (1) Every person who shall without lawful authority

notices, destroy, deface or remove any notice posted under this Act

or the regulations shall be guilty of an offence against this Act.

Penalty for
interfering
with flre-
fighting
equipment.

(2) Every person who shall without lawful authority
destroy, injure, or remove any equipment placed in the forest
for the purpose of protecting the forests from fire shall be
guilty of an offence against this Act. R.S.O. 1927, c. 291,

s. 18, amended.

Penalty for
neglecting
to protect
against fire,

21. Every person who refuses or neglects to make proper
effort to protect the property of which he is the owner against
injury by fire shall be guilty of an offence against this Act, and,
in addition to the other penalties imposed by this Act, shall
be liable for the expense incurred by the Department or any
of its employees in an effort to protect against fire the property
of the person thus in default and the amount of such expense
shall be recoverable with costs in an action brought by the
Crown. R.S.O. 1927, c. 291, s. 19, amended.

S^refuseon 22.— (1) Every person clearing a right-of-way for any
fir'highwly!^ road, trail, telephone, telegraph, power or pipe line, tote-road,
ditch or flume shall, as rapidly as the clearing or cutting pro-
gresses and the weather conditions permit, or at such other time
as an authorized officer of the Department may direct, pile
and burn on such right-of-way all refuse, timber, brush or
other inflammable material cut or accumulated thereon, all
such right-of-way burning to be subject to the requirements of
this Act in respect to burning permits.

►

(2) Any person who within three hundred feet of the right-

Clearing
away in-

SfaTtTr^niar ^^-way of any railway causes any accumulation of inflammable
right-of-way. debris shall immediately pile and, subject to the requirements
of this Act concerning permits, burn the same.

JJrKu ^® (3) No person shall fell or permit to be felled trees or brush
fa"nd]^"®^^ in such manner that said trees or brush shall fall and remain

on land not owned by the person felling or permitting the

felling of such trees or brush.

Clearing in
neighbour-
hood of
mills, etc.

(4) Every person having charge of a camp, mine, sawmill,
portable or stationary engine using fuel other than oil and
located within one-half mile of any forest or woodland shall
have the area surrounding said camp, mine, sawmill, or engine
cleared of inflammable material for a distance of at least three
hundred feet and such further distance as may in the opinion
of the Provincial Forester, or other officer of the Department,
be required.

Accumula-
tion of in-
flammable
refuse.

(5) No person shall within one-half mile of any village,
town or city accumulate inflammable debris or permit any
such accumulation to remain on any property owned by him
or under his control. R.S.O. 1927, c. 291, s. 20 (1-5).

Penalty.

(6) Every person who violates any of the provisions of this
section shall be guilty of an offence against this Act. R.S.O.
1927, c. 291, s. 20 (6). Amended.

Permit
required.

23. — (1) Excepting where land is being cleared for agricul-
tural purposes by a locatee, purchaser or patentee, every
person, firm or corporation shall in addition to any other
requirement be required to obtain from the Provincial Forester
or other authorized officer a written permit before, —

Permit
for woods
operations.

(a) carrying on any logging, mining or industrial opera-
tion or before clearing a right-of-way for any road,
trail, telephone, telegraph, power or pipe line, tote-
road, ditch or flume or before constructing any dam,
bridge, or camp or before carrying on any other woods
operation of any kind liable to cause the accumula-
tion of any slash or debris on any land within^the
fire districts of the Province;

Permit
for milling
operations.

{h) operating within a quarter of a mile of any forest,
slashing or bush land within the fire districts of the
Province any mill for the manufacture of lumber,
lath, shingles, sawn ties, veneer, cooperage stock or
any other forest product or engaged in the cutting-up,
barking or rossing of wood.

Section 23. This is new and requires a permit from the Department
before starting woods operations, gives the Provincial Forester control
as to imposng conditions and renders summer permittees liable for the
cost of extinguishing any fire resulting from their operations.

in^permit!"^ (2) The application for such permit shall state the location
of the proposed operation or mill, the character thereof, the
number of men to be employed, the location of camps and the
probable duration of the operation.

Right
to refuse
permit.

(3) The Provincial Forester or other authorized officer may
in the interest of forest protection, —

(a) refuse the granting of permission for any operation or
limit the period during which the operation may be
carried on ;

Equipment
required of
permittee.

Right of can-
cellation.

(b) require that any permittee carrying on any operation

under and by virtue of this section maintain such
fire fighting equipment in good repair and at specified
locations as the Provincial Forester, or other
authorized officer, may deem necessary for the con-
trol of fires which might be caused either directly or
indirectly by the operation;

virtue of this section.

Cost of
extinguish-
ment.

(4) In the event of any fire caused by or as a result of the
summer operations of any permittee operating under and by
virtue of this Act, the permittee shall be required to bear the
full cost of extinguishing the same.

Expiration
of permit.

Penalty.

Per diem

penalty.

Permit to
travel in
forest area.

(5) All permits shall expire on the 30th day of April next
after the date thereof and shall be subject to renewal only
upon compliance with the terms thereof and with the pro-
visions of this Act and regulations made thereunder.

(6) Every person who violates any of the provisions of this
section shall be guilty of an offence against this Act.

(7) Where the Provincial Forester or other authorized
officer finds any operation mentioned in subsection 1 of this
section being conducted without a permit he may, in addition
to any penalty imposed, give notice that such operation must
cease until the necessary permit has been secured, and any
person, firm or corporation carrying on an operation after
such notice has been given shall be subject to a fine of $25 for
each and every day such operation is continued without a
permit. New.

24. — (1) The Lieutenant-Governor in Council may, when-
ever he deems it necessary for the protection of any defined
forest area within any fire district of Ontario, require that
anyone wishing to enter and travel about in such area during
the close season shall previously obtain a permit.

Section 24. Subsection 3 of this section provides that no person
shall travel about in any defined forest area without a permit. As the
Act stands at present a "travel permit" is not required by the holder of a
hunting, guides', fishing or mining license.

Ibruo

of permit.

(2) Such permit, called "travel permit" may be obtained
without charge from the fire ranger of the place or from any
other authorized person. R.S.O. 1927, c. 291, s. 21 (1, 2).

Entering ('3) ^q person shall travel about in such defined area with-

area without ^ ' ' , i-i •t-»o/-v t

permit. out havmg previously obtained a permit, R.S.O. 1927, c. 291,

s. 21 (3), amended.

Imprison- (4) Every person who violates any of the provisions of this

section shall be guilty of an offence against this Act. R.S.O.
1927, c. 291, s. 21 (5), amended.

toi^egiven" 25. Persons using or travelling in the forest, shall upon
rangers by request, give the fire rangers or other authorized officers of the
tourists, etc. Crown information as to name, address, routes to be followed,
location of camps and any other information pertaining to the
protection of the forest from fire, and any person who refuses
to give the information required by this section shall be
guilty of an offence against this Act. R.S.O. 1927, c. 291,
s. 22, amended.

Closing
the forest.

26. — (1) Whenever in the opinion of the Minister it is
deemed necessary or expedient, owing to extreme fire hazard
conditions, to close any area and shut out therefrom all persons
except such as are specially authorized, the Minister may
make an order in writing setting out and delimiting the area
to be closed and the period during which such closure shall be
in force, and any other terms and conditions that may be
necessary, and the Minister may from time to time extend
such period and reduce or extend the area.

(2) The Minister may provide for such notice as may be
possible under the circumstances, and shall publish a notice
of such order setting out the area closed and the period of such
closure in such papers as in the opinion of the Minister will
give the greatest publicity. New.

27. Every person who disobeys or refuses or neglects to
carry out any of the provisions of this Act or any regulation
or order made thereunder shall be guilty of an offence against
this Act and shall incur a penalty of not less than $25 and
not more than $300, and in default of payment may be im-
prisoned for a'term not'exceeding ninety days. New.

iii^prison- 28 Every person who violates any provision of this Act

shall, in addition to the penalty otherwise provided in this
Act, be liable to imprisonment for a period not exceeding
ninety days. R.S.O. 1927, c. 291, s. 23.

Sion*for ^^' Nothing in this Act shall affect or be held to limit or

damages not interfere with the right of any person to bring and maintain a

civil action for damages occasioned by fire. R.S.O. 1927,

c. 291, s. 24.

96'

Notice
of closing.

Penalty.

Section 25. This makes no change in the law except that the penalty
is left to the general penalty section.

Section 26. This is new and enables the Minister to close any terri-
tory absolutely where he deems it necessary or expedient owing to extreme
fire hazard conditions.

Section 27. This is a new penalty section and provides a minimum
penalty of $25 and a maximum penalty of $300 for offences against the
Act.

Sections 28, 29, 30.
the present Act.

These are the same as sections 23, 24 and 25 of

^enailfeJ °^ ^®- ^^^ penalties imposed by this Act and the regulations
Rev. Stat., shall be recoverable under The Summary Convictions Act.
'''^^^' R.S.O. 1927,c. 291,s. 25.

^^291^*^^^" 31. The Forest Fires Prevention Act, being chapter 291 of
repealed. ^|^g Revised Statutes of 1927, is repealed.

Commence- 32. This Act shall come into force on the day upon which
Act. it receives the Royal Assent.

Section 31. Repeal section.

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No. 96

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act for the Prevention of Forest Fires,

Mr. Finlayson

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 96.

1930.

BILL

An Act for the Prevention of Forest Fires.

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

Short title.

1. This Act may be cited as The Forest Fires Prevention
Act, 1930.

Interpre-
tation,

"Minister.

2. In this Act,—

{a) "Minister" shall mean the Minister of Lands and
Forests ;

"Regu-
lations."

(6) "Regulations" shall mean regulations made under
the authority of this Act ;

"Depart-
ment."

"Owner."

{d) "Owner" shall include locatee, purchaser from the
Crown, assignee, lessee, occupant, timber licensee,
holder of mining claim or location, and any person
having the right to cut timber and wood upon any
land. R.S.O. 1927, c. 291, s. 1, amended.

Proclama-
tion of flre
districts.

3. — (1) The Lieutenant-Governor in Council may by
proclamation declare any part of Ontario described in the
proclamation a fire district.

Publication.

(2) Such proclamation shall be published in the Ontario
Gazette, and the part so described shall, from and after publica-
tion, be a fire district within the meaning of this Act, R.S.O.
1927,c. 291,s. 2 (1,2).

Changing
fire district.

(3) The Lieutenant-Governor in Council may by proclama-
tion terminate, extend, reduce or otherwise change such fire
district. R.S.O. 1927, c. 291, s. 2 (3), amended.

Explanatory Notes.

Section 2. This is the same as section 1 of the present Act except
that the definition of ' owner" (clause d) has been extended to include a
lessee and the holder of a mining location, both of these having the right
at present, under certain circumstances, to cut timber.

Section 3.— (1), (2).
of the present Act.

The same as subsections 1 and 2 of section 2

(3) The change made here is to give greater elasticity in enabling
the Lieutenant-Governor in Council to fix the boundaries of fire districts.

4. The Lieutenant-Governor in Council may,
of the Minister, appoint a

Provincial

appoint-' recommendation

"^®" ° ■ Forester for the purpose of carrying out the provisions of this

upon the
Provincial

Act and the regulations. R.S.O. 1927, c. 291, s. 3.

Duties.

5. The Provincial Forester shall have charge, under the
direction of the Minister, of the administration and enforce-
ment of this Act. R.S.O. 1927, c. 291, s. 4.

enfor^cement ^' ^^^ Minister may employ for the purposes of enforcing
of Act. the provisions of this Act, such number of persons as he may

deem necessary and who shall be subject to his instructions.

R.S.O. 1927, c. 291, s. 5.

m-e^w^ardens It^*®^- The Minister may accept nominations from the
licensees of honorary fire wardens who shall be appointed
without salary or other remuneration and who shall have
authority to enforce any of the provisions of this Act
that the Minister may deem necessary and who shall wear
a special badge to be issued by the Department.""^!

(3) Every person appointed under subsection 1 shall be paid
by the owner of the land such salary or other remuneration as
the Minister may direct or approve. R.S.O. 1927, c. 291,
s. 6 (1-3).

Close 8. — (1) Subject to the regulations the period from the 1st

districts. day of April to the 15th day of October in each year shall be

known as the close season in respect to the setting out of fire.

R.S.O. 1927, c. 291, s. 7 (1), amended.

Arrange-
ments with
owner for
additional
fire pro-
tection.

Appoint-
ments.

Payment
of extra
rangers.

Setting
out fire in
close season.

Setting
out fire
contrary to
regulations.

Regu-
lations.

(2) During the close season no person shall set out fire in a
fire district except under the circumstances and subject to the
conditions prescribed by the regulations. R.S.O. 1927, c. 291,

s. 7 (2).

10. The Lieutenant-Governor in Council upon the recom-
mendation of the Minister may make regulations, —

Sections 4, 5 and 6.
present Act.

These are the same as sections 3, 4 and 5 of the

Section 7. This is the same as the present section 6 except that the
present subsection 4 which interpreted the term "owner" as used in this
section, has been omitted.

Section 8. This extends the close season for setting out fire from the
30th day of September to the 15th day of October.

Section 9. This is the same as section 8 of the present Act except
that the penalty is left to the general penalty section of the Bill.

Section 10, The only change from the present section 9 is that in the
clause (c) the words "or restricting" have been added after the word
"extending."

Extending
close season.

Permits.

(a) for extending or restricting the close season for any
or all of the fire districts in any year to such date as
may be deemed necessary;

(6) for granting permits for the use of fire within any fire
district, for clearing land, disposal of debris and other
inflammable waste, and for industrial purposes; the
conditions on which such permits may be granted;
the precautions to be taken in the use of fire under
permit, and the appliances, implements and
apparatus to be kept at hand by the holders of
permits ;

As to setting
out for use
of fire.

Use of Are
out of doors.

(c) prescribing the circumstances and conditions under
which fire may be set out or used for any such
purposes without the issue of a permit therefor;

{d) regulating the use of fire out of doors for cooking or
obtaining warmth ;

Fire
guards, etc.

Accumula-
tion of in-
flammable
material.

{e) providing for the making of fire guards and the taking
of other precautionary measures when, owing to
drought or other circumstances, the Minister deems
danger from fire to any town or settlement especially
imminent ;

(J) regulating or preventing the piling or accumulation of
brushwood, debris and other inflammable material;

Destruction
and disposal
of inflam-
mable
material.

Protective
appliances
on engines,
etc.

(Jk) prescribing and regulating the use of fire protective
appliances on locomotive engines, logging engines,
portable engines, traction engines or stationary
engines, using fuel other than oil, and for compelling
the use of such appliances and prescribing the pre-
cautions to be taken for preventing forest fires being
caused by such use or operation ;

Collection
of cost,

{i) providing for the collection of the cost of any work
done under the authority of this Act by the Pro-
vincial Forester, or any officer of the Department,
or of a municipal corporation.

Prescribing
penalties.

General.

Powers of
Provincial
Forester as
to clearing
up land.

Cost of work.

Penalty.

Offences.

Using

engines with-
out pre-
scribed safe-
guards.

Destroying
waste, etc.,
without
spark
arresters.

(j) prescribing penalties for the violation of the regu-
lations;

(k) generally for the better carrying out of forest fire
prevention and the provisions of this Act. R.S.O.
1927, c. 291, s. 9, amended.

11. — (1) Wherever the Provincial Forester finds upon the
land of any person or corporation in a fire district conditions
existing which, in his opinion, may be the cause of danger to
life or property from fire, he may Order the owner or person in
control of the land to do what, in the opinion of the Provincial
Forester, is necessary to remove such danger, and in default
may enter upon such land with such assistants as he may
deem necessary for the purpose of removing the danger.

(2) The cost of any work done by the Provincial Forester or
his assistants under subsection 1 shall be borne and paid by
the owner or person in control of such lands and shall be
recoverable by the Provincial Forester by action in any court
of competent jurisdiction. R.S.O. 1927, c. 291, s. 10 (1, 2).

13. — (1) During the close season in any year it shall be
unlawful for any person, company or corporation in a fire
district, —

(a) to use or operate within a quarter of a mile of any forest,
slashing or bush land any locomotive, logging engine,
portable engine, traction engine or stationary engine,
using fuel other than oil, which is not provided with a
practical and efficient device for arresting sparks,
together with an adequate device for preventing the
escape of fire or live coals from all ash pans and fire
boxes, and which does not comply in every respect
with any regulations for the time being made and in
force under and by virtue of the provisions of this
Act;

(&) to destroy any wood or waste material by fire within
any burner or destructor operated at or near any mill
or manufactory or to operate any power-producing
plant using in connection therewith any smoke-
stack, chimney or other spark emitting outlet, with-
out installing and maintaining on such burner or
destructor or on such smoke-stack, chimney or spark-

Section 11. The same as section 10 of the present Act except that
the penalty is left to the general penalty section.

Section 12. The same as section 11 of the present Act except that
the present subsection (3) which provides a penalty for offences against
the provisions of the section, has been omitted.

Dropping
fire or live
coals.

Injunction.

emitting outlet a safe and suitable device for arresting
sparks complying in all respects with the regulations.

(2) No such railway company shall permit fire, live coals or
ashes to be deposited on its tracks or right-of-way unless they
are extinguished immediately thereafter, except in pits
provided for the purpose. R.S.O. 1927, c. 291, s. 11 (1,2).

(3) Notwithstanding the penal provisions of this Act, any
court of competent jurisdiction may upon the application of
the Provincial Forester, grant an injunction against the use
of any locomotive, engine, burner or destructor until it shall
have been equipped with safety appliances to the satisfaction
of the said officer. R.S.O. 1927, c. 291, s. 11 (4).

13. It shall be the duty of every engineer in charge of any

engine which is not subject to the jurisdiction of the Board of
Railway Commissioners for Canada to see that all safety
appliances required by this Act or by the regulations are'
properly used and applied, and in default he shall be guilty
of an offence against this Act. R.S.O. 1927, c. 291, s. 12.
Amended.

14. — (1) Where it appears to the municipal council of a city,

compiafnt to ^^^'^ ^^ township in a provisional judicial district that the

Provinciaj condition of any land in the municipality or adjacent thereto

is by reason of unfinished clearing a source of danger from fire

to property in the municipality, the council may cause a

statement of the facts to be made to the Provincial Forester.

Duty of
engineer.

Action by-
municipality

Forester.

Notice
to owner to
clean up
land.

Enquiry into (2) The Provincial Forester shall make inquiry as to the
conditions described by the council and shall report the result
of his inquiry to the council with his recommendation as to
what action, if any, should be taken thereon.

(3) Where the Provincial Forester finds that cause for
complaint exists owing to the unfinished clearing of land the
council may give notice to the owner of the land directing
him, within a time to be named in the notice, to properly
clean up the land or such part thereof or to such extent as the
Provincial Forester may direct and designate in his report and
to remove, as far as possible, all source of danger by fire.

(4) If within the time so fixed the necessary work has not
been done, the corporation of the municipality may cause the
work to be done and the land to be cleaned up and the expenses
of the corporation in doing such work shall be a charge upon
the land and shall be payable by the owner forthwith .

?/exJlnses (^) ^^ ^^e land is patented and lies in an organized munici-
^'tfat^eifted P^^^^Y the treasurer of the municipal corporation doing the
in organized work shall notify the clerk of the municipality in which the

territory. •'

Default
of owner, —
work done
by corpora-
tion.

Section 13. The same as section 12 of the present Act except that
the penalty is left to the general penalty section.

Sections 14, 15. These are the same as sections 13 and 14 of the
present Act with the exception of a slight change in the wording. They
make no change in the law.

ganized
territory-

Where land (6) If the land is patented and lies in territory without
in^unor-*^^^ municipal organization the municipal corporation doing the
work ma3^ register or lodge in the proper registry or land
titles office, a declaration to the same effect as the declaration
mentioned in subsection 5 under the hand of the reeve or other
head of the corporation and the treasurer thereof and having
the corporate seal affixed thereto, stating that the corporation
claims a lien upon the land for the amount of such expenses
with interest at the rate of seven per centum per annum from
the date of the declaration. R.S.O. 1927, c. 291, s. 13 (1-6).

Effect of (7) Upon the registration or filing of the declaration men-

registration. ^[oned in subsections 5 and 6, the municipal corporation
making the declaration shall have a lien upon the land for the
amount claimed and such lien shall have priority according
to the general law of Ontario and if the claim remains unpaid
for a period of three months after registration and filing the
same may be enforced by the sale of the land in the manner
provided for in the regulations hereto or hereafter to be made.
R.S.O. 1927, c. 291, s. 13 (7), amended.

"Owner "— ^^^ ^^ ^^^^ section "owner" shall mean locatee, purchaser
meaning of. from the Crown, assignee, purchaser or occupant. R.S.O.
1927, c. 291, s. 13 (8).

Duty of
reeve as to
summoning
assistance
at flres.

15. — (1) Upon information being received by the reeve of
a township or, in the absence of the reeve, the deputy reeve
next in authority to the reeve of such township, that a timber
or forest fire in such township is in progress and is hazardous,
said reeve, or deputy reeve, as the case may be, shall make
inquiry as to said fire and if, in his opinion, such fire is
hazardous, he shall employ or summon the assistance of such
male persons between the ages of eighteen and sixty years,
resident in such township, excepting only railway trainmen,
boat crews, local telephone operators, telegraphers and des-
patchers on duty, doctors and persons physically unfit, as in
his judgment may be necessary or available for the purpose
of fighting and extinguishing such fire.

Remunera-
tion of per-
sons assist-
ing.

Responsi-
bility of
township.

Constables,
justices of
the peace, —
appoint-
ment of.

17. — (1) The Lieutenant-Governor in Council may appoint
constables for the enforcement of the provisions of this Act,
and may appoint one or more officers or agents of the Depart-
ment justices of the peace for the purpose of taking cognizance
of and dealing with offences against the provisions of this Act
or the regulations made thereunder, and each officer and agent
so appointed a justice of the peace shall have the jurisdiction
of a justice of the peace in and for the territorial district
specified in his commission.

Appoint-
ment of
temporary
constables.

(2) The Minister may appoint one or more constables for a
period not exceeding seven months, for the carrying out of
the provisions of this Act.

Arrests
without
warrant.

(3) A constable appointed under this section may, without
warrant, arrest any person found violating any provision of
thi§ Act and take him before a justice or justices of the peace
and there make complaint.

Right
to summon
assistance
at fires,

Penalty
for refusing
to assist.

(4) For the purpose of controlling and extinguishing any
fire, any officer or other employee of the Department may
employ or summon the assistance of any male person between
the ages of eighteen and sixty years, excepting only trainmen,
boat crews, local telephone operators, telegraphers and des-
patchers on duty, doctors and persons physically unfit.
R.S.O. 1927, c. 291, s. 15 (1-4).

(5) Every person who refuses or neglects to render assist-
ance when required under any of the provisions of this section

Sections 17-22. These are the same as sections 15 to 20 of the
present Act except that the penalty is left to the general penalty section.

shall be guilty of an offence against this Act. R.S.O. 1927,
c. 291, s. 15 (5), amended.

Burning
matches,
ashes, etc.

18. Any person who throws or drops any burning match,
ashes of a pipe, lighted cigarette, cigar or other burning
substance in a fire district without extinguishing the same,
and any person who discharges a gun within a fire district
without seeing that the wadding from such gun is extinguished
shall be guilty of an offence against this Act. R.S.O. 1927,
c. 291, s. 16, amended.

Right of
Provincial
Forester
to enter on
premises.

Destroying
or effacing
notices,

Penalty for
interfering
with fire-
flghting
equipment.

Penalty for
neglecting
to protect
against fire,

19. The Provincial Forester and every officer acting under
his direction shall have the right while in the performance of
his duties to enter into and upon any lands and premises other
than a private dwelling, store, storehouse, office or farm
building, and every person who hinders, obstructs and
impedes any such officer in the performance of his duty shall
be guilty of an offence against this Act. R.S.O. 1927, c. 291,
s. 17, amended.

20. — (1) Every person who shall without lawful authority
destroy, deface or remove any notice posted under this Act
or the regulations shall be guilty of an offence against this Act.

?f®reKon 22.— (1) Every person clearing a right-of-way for any
for^highwly!^ road, trail, telephone, telegraph, power or pipe line, tote-road,
ditch or flume shall, as rapidly as the clearing or cutting pro-
gresses and the weather conditions permit , or at such other time
as an authorized officer of the Department may direct, pile
and burn on such right-of-way all refuse, timber, brush or
other inflammable material cut or accumulated thereon, all
such right-of-way burning to be subject to the requirements of
this Act in respect to burning permits.

fJSy\"if- (2) Any person who within three hundred feet of the right-

nfatter^near ^^^'^ay of any railway causes any accumulation of inflammable
right-of-way. debris shall immediately pile and, subject to the requirements
of this Act concerning permits, burn the same.

SirtJf fin ^^ (3) No person shall fell or permit to be felled trees or brush
fand]^'^^'^^ in such manner that said trees or brush shall fall and remain

on land not owned by the person felling, or permitting the

felling of such trees or brush.

Clearing in
neighbour-
hood of
mills, etc.

Accumula-
tion of in-
flammable
refuse.

Penalty.

(6) Every person who violates any of the provisions of this
section shall be guilty of an offence against this Act. R.S.O.
1927, c. 291, s. 20 (6). Amended.

Permit
required.

23, — (1) Excepting where land is being cleared for agricul-
tural purposes by a locatee, purchaser or patentee, every
person, firm or corporation shall in addition to any other
requirement be required to obtain from the Provincial Forester
or other authorized officer a written permit before, —

Permit
for woods
operations.

Permit
for milling
operations.

(&) operating within a quarter of a mile of any forest,
slashing or bush land within the fire districts of the
Province any mill for the manufacture of lumber,
lath, shingles, sawn ties, veneer, cooperage stock or
any other forest product or engaged in the cutting-up,
barking or rossing of wood.

in^permit°'^ ('^) ^^^ application for such permit shall state the location
of the proposed operation or mill, the character thereof, the
number of men to be employed, the location of camps and the
probable duration of the operation.

(3) The Provincial Forester or other authorized officer may
in the interest of forest protection, —

Right
to refuse
permit.

(a) refuse the granting of permission for any operation or
limit the period during which the operation may be
carried on ;

Equipment
required of
permittee.

(&) require that any permittee carrying on any operation
under and by virtue of this section maintain such
fire fighting equipment in good repair and at specified
locations as the Provincial Forester, or other
authorized officer, may deem necessary for the con-
trol of fires which might be caused either directly or
indirectly by the operation;

Right of can-
cellation.

Cost of (4) In the event of any fire proved to be caused by or as a

extinguish- ^ ■' . •^ . . .

ment. result of the summer operations of any permittee operating

under and by virtue of this Act, the permittee shall be required
to bear the full cost of extinguishing the same.

J^xpira^ion (5) ^11 permits shall expire on the 30th day of April next
after the date thereof and shall be subject to renewal only
upon compliance with the terms thereof and with the pro-
visions of this Act and regulations made thereunder.

Penalty.

Per diem
penalty.

(6) Every person who violates any of the provisions of this
section shall be guilty of an offence against this Act.

Supplying
badge.

ia. — (1) In addition to all other requirements of this
Act or regulations thereunder every person, company or
corporation carrying on woods operations during the close
season on Crown lands shall supply a badge to every employee

When to
be worn.

working on said operation and said badge shall bear such
information as the Minister may deem necessary.

(2) The badge must be worn at all times by the employee
when on Crown lands, and it shall be an offence against this
Act for a licensee or permittee to allow an employee to engage
in such work without a badge, and shall also be an offence
for employees issued with badges to neglect or refuse to carry
the same."^^!

Permit to
travel in
forest area.

Issue

of permit.

(2) Such permit, called "travel permit" may be obtained
without charge from the fire ranger of the place or from any
other authorized person. R.S.O. 1927, c. 291, s. 21 (1, 2).

area^w^fhout (^) No person shall travel about in such defined area with-
permit. q^^ having previously obtained a permit. R.S.O. 1927, c. 291,

s. 21 (3), amended.

Imprison-
ment.

Information
to be given
to fire
rangers by
tourists, etc.

Closing
the forest.

Notice
of closing.

(4) Every person who violates any of the provisions of this
section shall be guilty of an offence against this Act. R.S.O.
1927, c. 291, s. 21 (5), amended.

25. Persons using or travelling in the forest, shall upon
request, give the fire rangers or other authorized officers of the
Crown information as to name, address, routes to be followed,
location of camps and any other information pertaining to the
protection of the forest from fire, and any person who refuses
to give the information required by this section shall be
guilty of an offence against this Act. R.S.O. 1927, c. 291,
s. 22, amended.

Section 25. This makes no change in the law except that the penalty
is left to the general penalty section.

Section 26. This is new and enables the Minister to close any terri-
tory absolutely where he deems it necessary or expedient owing to extreme
fire hazard conditions.

Penalty. 27. Every person who disobeys or refuses or neglects to

carry out any of the provisions of this Act or any regulation
or order made thereunder shall be guilty of an offence against
this Act and shall incur a penalty of not less than $25 and
not more than $300, and in default of payment may be im-
prisoned for a term not exceeding ninety days. New.

Imprison-
ment.

28. Every person who violates any provision of this Act
shall, in addition to the penalty otherwise provided in this
Act, be liable to imprisonment for a period not exceeding
ninety days. R.S.O. 1927, c. 291, s. 23.

?Jt1on fJr '^®- Nothing in this Act shall affect or be held to limit or

^^^+f®^ "°* interfere with the right of any person to bring and maintain a

civil action for damages occasioned by fire. R.S.O. 1927,

c. 291, s. 24.

affected.

p'enantes, °^ ^^- The penalties imposed by this Act and the regulations
I^Yif*^*' shall be recoverable under The Summary Convictions Act.
R.S.O. 1927,0.291, s. 25.

Rev. Stat.,
o. 291,
repealed.

31. The Forest Fires Prevention Act, being chapter 291 of
the Revised Statutes of 1927, is repealed.

Commence- 32. This Act shall come into force on the day upon which
Act. it receives the Royal Assent.

Section 27. This is a new penalty section and provides a minimum
penalty of $25 and a maximum penalty of $300 for offences against the
Act.

Sections 28, 29, 30. These are the same as sections 23, 24 and 25 of
the present Act.

Section 31. Repeal section.

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No. 96

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act for the Prevention of Forest Fires,

Mr. Finlayson

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 96.

1930.

BILL

An Act for the Prevention of Forest Fires.

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

Short title.

1. This Act may be cited as The Forest Fires Prevention
Act, 1930.

Interpre-
tation,

"Minister.

2. In this Act,—

{a) "Minister" shall mean the Minister of Lands and
Forests ;

"Regu-
lations."

(6) "Regulations" shall mean regulations made under
the authority of this Act ;

"Depart-
ment."

"Owner.*

Proclama-
tion of fire
districts.

3. — (1) The Lieutenant-Governor in Council may by
proclamation declare any part of Ontario described in the
proclamation a fire district.

Publication.

Changing
flre district.

(3) The Lieutenant-Governor in Council may by proclama-
tion terminate, extend, reduce or otherwise change such fire
district. R.S.O. 1927, c. 291, s. 2 (3), amended.

4. The Lieutenant-Governor in Council may, upon the Provincial

ForGstcr *^~"

recommendation of the Minister, appoint a Provincial appoint-*
Forester for the purpose of carrying out the provisions of this ^^^ ° '
Act and the regulations. R.S.O. 1927, c. 291, s. 3.

5. The Provincial Forester shall have charge, under the^"*^®^-
direction of the Minister, of the administration and enforce-
ment of this Act. R .S.O. 1927, c. 291 , s. 4.

6. The Minister may employ for the purposes of enforcing ^^^q ®<r|j^ent
the provisions of this Act, such number of persons as he may of Act.
deem necessary and who shall be subject to his instructions.

R.S.O. 1927, c. 291, s. 5.

t. The Minister may accept nominations from the ^on^mry^^^
licensees of honorary fire wardens who shall be appointed
without salary or other remuneration and who shall have
authority to enforce any of the provisions of this Act
that the Minister may deem necessary and who shall wear
a special badge to be issued by the Department.

8. — (1) Where the owner of any land in a fire district ments^wi^h
desires to provide protection from fire upon such land in a^^ditionai
addition to that authorized by the foregoing provisions of this fg^Q^Pf^'
Act, the Minister may arrange with such owner for the
appointment of extra or special officers upon such land for the
enforcement of this Act and the regulations.

(2) Every such appointment shall be made or approved by^PP°i^*-
the Minister and, subject to the regulations, the persons so
appointed may exercise and perform the powers and duties of

fire rangers or other officers appointed for the enforcement of
this Act.

(3) Every person appointed under subsection 1 shall be paid ^f-^^l^^
by the owner of the land such salary or other remuneration as rangers.
the Minister may direct or approve. R.S.O. 1927, c. 291,

s. 6 (1-3).

9. — (1) Subject to the regulations the period from the Istciose

H r A • % 1 r y-~\ 1 * 1 1111 SG&SO H 111 II TO

day of Aprd to the 15th day of October m each year shall be districts.
known as the close season in respect to the setting out of fire.
R.S.O. 1927, c. 291, s. 7 (1), amended.

(2) During the close season no person shall set out fire in a setting
fire district except under the circumstances and subject to the close season.
conditions prescribed by the regulations. R.S.O. 1927, c. 291,

s. 7 (2).

10. Every person who sets out fire for the purpose of clearing setting
land, removal of waste or debris or who uses fire for industrial contrary to
purposes in a fire district during the close season, except in regulations.
accordance with the regulations shall be guilty of an offence
against this Act. R.S.O. 1927, c. 291, s. 8, amended.

11. The Lieutenant-Governor in Council upon the recom-Regu-
mendation of the Minister may make regulations, —

Extending
close season.

Permits.

(a) for extending or restricting the close season for any
or all of the fire districts in any year to such date as
may be deemed necessary;

{b) for granting permits for the use of fire within any fire
district, for clearing land, disposal of debris and other
inflammable waste, and for industrial purposes; the
conditions on which such permits may be granted;
the precautions to be taken in the use of fire under
permit, and the appliances, implements and
apparatus to be kept at hand by the holders of
permits ;

As to setting
out for use
of fire.

Use of fire
out of doors.

which fire may be set out or used for any such
purposes without the issue of a permit therefor;

(d) regulating the use of fire out of doors for cooking or
obtaining warmth ;

Fire

guards, etc.

Accumula-
tion of in-
flammable
material.

(/) regulating or preventing the piling or accumulation of
brushwood, debris and other inflammable material;

Destruction
and disposal
of inflam-
mable
material.

(g) empowering the Provincial Forester, or any ofiicer or
servant of the Department to enter upon the lands of
any corporation or individual for the purpose of
removing, destroying and disposing of any such
inflammable substance and providing that the cost
of such work shall be borne by such individual or
corporation and be recoverable by action at the suit
of the Minister;

Protective
appliances
on engines.
etc.

(h) prescribing and regulating the use of fire protective
appliances on locomotive engines, logging engines,
portable engines, traction engines or stationary
engines, using fuel other than oil, and for compelling
the use of such appliances and prescribing the pre-
cautions to be taken for preventing forest fires being
caused by such use or operation ;

Collection
of cost,

(i) providing for the collection of the cost of any work
done under the authority of this Act by the Pro-
vincial Forester, or any officer of the Department,
or of a municipal corporation.

(j) prescribing penalties for the violation of the r^gu- pg^luies"^
lations;

(k) generally for the better carrying out of forest fire ^^'^^^a^-
prevention and the provisions of this i\.ct. R.S.O.
1927,c.291,s. 9, amended.

12, — (1) Wherever the Provincial Forester finds upon the p°^® n^^ia^i
land of any person or corporation in a fire district conditions fo°c®|arirf ^
existing which, in his opinion, may be the cause of danger to up land.
life or property from fire, he may order the owner or person in
control of the land to do what, in the opinion of the Provincial
Forester, is necessary to remove such danger, and in default
may enter upon such land with such assistants as he may
deem necessary for the purpose of removing the danger.

(2) The cost of any work done by the Provincial Forester or <^ost of work.
his assistants under subsection 1 shall be borne and paid by

the owner or person in control of such lands and shall be
recoverable by the Provincial Forester by action in any court
of competent jurisdiction. R.S.O. 1927, c. 291, s. 10 (1, 2).

(3) Any person who neglects or refuses to carry out anyP®'^^!*^-
order or direction given by the Provincial Forester or any
officer acting under the authority of subsection 1 shall be
guilty of an offence against this Act. R.S.O. 1927, c. 291,

s. 10 (3), amended.

13. — (1) During the close season in any year it shall be'^^^'^^^^
unlawful for any person, company or corporation in a fire
district, —

(a) to use or operate within a quarter of a mile of any forest, ^ngfnes with-
slashing or bush land any locomotive, logging engine, gcribed'safe-
portable engine, traction engine or stationary engine, guards.
using fuel other than oil, which is not provided with a
practical and efficient device for arresting sparks,
together with an adequate device for preventing the
escape of fire or live coals from all ash pans and fire
boxes, and which does not comply in every respect
with any regulations for the time being made and in
force under and by virtue of the provisions of this
Act;

(&) to destroy any wood or waste material by fire within ^Iste^ etc^,
any burner or destructor operated at or near any mill gp^^k"*
or manufactory or to operate any power-producing arresters,
plant using in connection therewith any smoke-
stack, chimney or other spark emitting outlet, with-
out installing and maintaining on such burner or
destructor or on such smoke-stack, chimney or spark-

emitting outlet a safe and suitable device for arresting
sparks complying in all respects with the regulations.

fire°or'iPv^e (2) No such railway company shall permit fire, live coals or

coals. ashes to be deposited on its tracks or right-of-way unless they

are extinguished immediately thereafter, except in pits
provided for the purpose. R.S.O. 1927, c. 291, s. 11 (1,2).

Injunction.

Duty of
engineer.

(3) Notwithstanding the penal provisions of this Act, any
court of competent jurisdiction may upon the application of
the Provincial Forester, grant an injunction against the use
of any locomotive, engine, burner or destructor until il shall
have been equipped with safety appliances to the satisfaction
of the said officer. R.S.O. 1927, c. 291, s. 11 (4).

14. It shall be the duty of every engineer in charge of any
engine which is not subject to the jurisdiction of the Board of
Railway Commissioners for Canada to see that all safety
appliances required by this Act or by the regulations are
properly used and applied, and in default he shall be guilty
of an offence against this Act. R.S.O. 1927, c. 291, s. 12.
Amended.

15. — (1) Where it appears to the municipal council of a city.

Action by
municipality

in district, towu or township m a provisional judicial district that the

Complaint to ,.. ^ ii-i ••i- i- i

Provincial condition ot any land in the municipality or adjacent thereto
is by reason of unfinished clearing a source of danger from fire
to property in the municipality, the council may cause a
statement of the facts to be made to the Provincial Forester.

Enquiry into
complaint.

Notice
to owner to
clean up
land.

Default
of owner, —
worlc done
by corpora-
tion.

Recovery
of expenses
where land
is patented
in organized
territory.

(2) The Provincial Forester shall make inquiry as to the
conditions described by the council and shall report the result
of his inquiry to the council with his recommendation as to
what action, if any, should be taken thereon,

(5) If the land is patented and lies in an organized munici-
pality the treasurer of the municipal corporation doing the
work shall notify the clerk of the municipality in which the

(6) If the land is patented and lies in territory without j^p|t|nteifd
municipal organization the municipal corporation doing thei'^^^^o^"
work may register or lodge in the proper registry or land territory.
titles office, a declaration to the same effect as the declaration
mentioned in subsection 5 under the hand of the reeve or other

head of the corporation and the treasurer thereof and having
the corporate seal affixed thereto, stating that the corporation
claims a lien upon the land for the amount of such expenses
with interest at the rate of seven per centum per annum from
the date of the declaration. R.S.O. 1927, c. 291, s. 13 (1-6).

(7) Upon the registration or filing of the declaration men- ^^?g°^*j. ^/j^j^^
tioned in subsections 5 and 6, the municipal corporation
making the declaration shall have a lien upon the land for the
amount claimed and such lien shall have priority according

to the general law of Ontario and if the claim remains unpaid
for a period of three months after registration and filing the'
same may be enforced by the sale of the land in the manner
provided for in the regulations hereto or hereafter to be made.
R.S.O. 1927, c. 291, s. 13 (7), amended.

(8) In this section "owner" shall mean locatee, purchaser "Owner," —
from the Crown, assignee, purchaser or occupant. R.S.O. "^^^^^'^^
1927, c. 291, s. 13 (8).

16. — (1) Upon information being received by the reeve of Duty of

... , , ri 11 reeve as to

a township or, m the absence or the reeve, the deputy reeve summoning
next in authority to the reeve of such township, that a timber ttTres.
or forest fire in such township is in progress and is hazardous,
said reeve, or deputy reeve, as the case may be, shall make
inquiry as to said fire and if, in his opinion, such fire is
hazardous, he shall employ or summon the assistance of such
male persons between the ages of eighteen and sixty 3^ears,
resident in such township, excepting only railway trainmen,
boat crews, local telephone operators, telegraphers and des-
patchers on duty, doctors and persons physically unfit, as in .
his judgment may be necessary or available for the purpose
of fighting and extinguishing such fire.

Remunera-
tion of per-
sons assist-
ing.

Responsi-
bility of
township.

17. It shall be the duty of the municipal corporation of any
organized township to make provision for extinguishing timber
or forest fires in the township and the costs and expenses
thereof shall be borne by the corporation of the township,
provided that where a fire occurs which is beyond control by
the means at the disposal of the corporation of the township,
the reeve or acting head of the corporation may call on the
Department for assistance and the Department, if it thinks
fit, may furnish such assistance, and one-half of any costs or
expenses incurred by the Department in extinguishing such
fire shall be repayable by the corporation of the township and
recoverable by the Department from the township in any
court of competent jurisdiction. Neiv.

Constables,
justices of
the peace,—
appoint-
ment of.

18. — (1) The Lieutenant-Governor in Council may appoint
constables for the enforcement of the provisions of this Act,
and may appoint one or more officers or agents of the Depart-
ment justices of the peace for the purpose of taking cognizance
of and dealing with offences against the provisions of this Act
or the regulations made thereunder, and each officer and agent
so appointed a justice of the peace shall have the jurisdiction
of a justice of the peace in and for the territorial district
specified in his commission.

Appoint-
ment of
temporary
constables.

(2) The Minister may appoint one or more constables for a
period not exceeding seven months, for the carrying out of
the provisions of this Act.

Arrests .

without

warrant.

Right
to summon
assistance
at fires,

Penalty .
for refusing
to assist.

(5) Every person who refuses or neglects to render assist-
ance when required under any of the provisions of this section

shall be guilty of an offence against this Act. R.S.O. 1927,
c. 291, s. 15 (5), amended.

19. Any person who throws or drops any burning match, ^^^^j^'^f
ashes of a pipe, lighted cigarette, cigar or other burning ^^hes, etc,
substance in a: fire district without extinguishing the same,

and any person who discharges a gun within a fire district
without seeing that the wadding from such gun is extinguished
shall be guilty of an offence against this Act. R.S.O. 1927,
c. 291, s. 16, amended.

20. The Provincial Forester and every officer acting under P^^^|j[j^°^g^j
his direction shall have the right while in the performance of Forester

1 • 1 • • 1 • 111- , ^^ enter on

his duties to enter mto and upon any lands and premises other premises.
than a private dwelling, store, storehouse, office or farm
building, and every person who hinders, obstructs and
impedes any such officer in the performance of his duty shall
be guilty of an offence against this Act. R.S.O. 1927, c. 291,
s. 17, amended.

.21 — (1) Every person who shall without lawful authority ^/|^j^a^i\^|
destroy, deface or remove any notice posted under this Act'^"*^^®^'
or the regulations shall be guilty of an offence against this Act.

(2) Every person who shall without lawful authority ?ftei^fg^jj[g''
destroy, injure, or remove any equipment placed in the forest ^'J:jj^j^''®-
for the purpose of protecting the forests from fire shall be equipment,
guilty of an offence against this Act. R.S.O. 1927, c. 291,
s. 18, amended.

22. Every person who refuses or neglects to make proper nlgilcVing"^
effort to protect the property of which he is the owner against ^°P/°*^®jg^g
injury by fire shall be guilty of an offence against this Act, and,
in addition to the other penalties imposed by this Act, shall
be liable for the expense incurred by the Department or any
of its employees in an effort to protect against fire the property-
of the person thus in default and the amount of such expense
shall be recoverable with costs in an action brought by the
Crown. R.S.O. 1927, c. 291, s. 19, amended.

23. — (1) Every person clearing a right-of-way for any ^f^ref^g^e^on
road, trail, telephone, telegraph, power or pipe line, tote-road, for^hlghway^
ditch or flume shall, as rapidly as the clearing or cutting pro-
gresses and the weather conditions permit, or at such other time
as an authorized officer of the Department may direct, pile
and burn on such right-of-way all refuse, timber, brush or
other inflammable material cut or accumulated thereon, all
such right-of-way burning to be subject to the requirements of
this Act in respect to burning permits.

aw^ay'hi^ (2) Any person who within three hundred feet of the right-

flammabie of-wav of any railway causes any accumulation of inflammable

matter near , » . , .. . . , .,

right-of-way, debris shall immediately pile and, subject to the requirements
of this Act concerning permits, burn the same.

Juft'^f fan ^® (3) No person shall fell or permit to be felled trees or brush
fa"nd^^^^^ in such manner that said trees or brush shall fall and remain

on land not owned by the person felling or permitting the

felling of such trees or brush.

Clearing in
neighbour-
hood of
mills, etc.

Accumula-
tion of in-
flammable
refuse.

Penalty.

(6) Every person who violates any of the provisions of this
section shall be guilty of an ofi^ence against this Act. R.S.O.
1927, c. 291, s. 20 (6). Amended.

Permit
required.

24. — (1) Excepting where land is being cleared for agricul-
tural purposes by a locatee, purchaser or patentee, every
person, firm or corporation shall in addition to any other
requirement be required to obtain from the Provincial Forester
or other authorized officer a written permit before, —

Permit
for woods
operations.

Permit
for milling
operations.

(2) The application for such permit shall state the location Pescription

tr 1 • -11 ''^ permit.

of the proposed operation or mill, the character thereof, the
number of men to be employed, the location of camps and the
probable duration of the operation.

(3) The Provincial Forester or other authorized ofificer may
in the interest of forest protection, —

(a) refuse the granting of permission for any operation or to^f efuse
limit the period during which the operation may be^®''"^^*-
carried on ;

(&) require that any permittee carrying on any operation ^quired^of
under and by virtue of this section maintain such p®^'^^**®®-
fire fighting equipment in good repair and at specified
locations as the Provincial Forester, or other
authorized officer, may deem necessary for the con-
trol of fires which might be caused either directly or
indirectly by the operation;

(4) In the event of any fire being proved to be caused by or cost of
as a result of the summer operations of any permittee opera t- ment.
ing under and by virtue of this Act, the permittee shall be
required to bear the full cost of extinguishing the same.

(5) All permits shall expire on the 30th day of April next J/'p^^I?'^
after the date thereof and shall be subject to renewal only

upon compliance with the terms thereof and with the pro-
visions of this Act and regulations made thereunder.

Penalty.

(6) Every person who violates any of the provisions of this
section shall be guilty of an offence against this Act.

Per diGiii

(7) Where the Provincial Forester or other authorized penalty.
officer finds any operation mentioned in subsection 1 of this
section being conducted without a permit he may, in addition

to any penalty imposed, give notice that such operation must
cease until the necessary permit has been secured, and any
person, firm or corporation carrying on an operation after
such notice has been given shall be subject to a fine of $25 for
each and every day such operation is continued without a
permit. New.

25.— (1) In addition to all other requirements of this badfe^'"^
Act or regulations thereunder every person, company or
corporation carrying on woods operations during the close
season on Crown lands shall supply a badge to every employee

When to
be worn.

working on said operation and said badge shall bear such
information as the Minister may deem necessary. *

Permit to
travel in
forest area.

Issue

of permit.

Entering
area without
permit.

Imprison-
ment.

Information
to be given
to fire
rangers by
tourists, etc.

Closing
the forest.

Notice
of closing.

26. — (1) The Lieutenant-Governor in Council may, when-
ever he deems it necessary for the protection of any defined
forest area within any fire district of Ontario, require that
anyone wishing to enter and travel about in such area during
the close season shall previously obtain a permit.

(2) Such permit, called "travel permit" may be obtained
without charge from the fire ranger of the place or from any
other authorized person. R.S.O. 1927, c. 291, s. 21 (1, 2).

(3) No person shall travel about in such defined area with-
out having previously obtained a permit. R.S.O. 1927, c. 291,

s. 21 (3), amended.

(4) Every person who violates any of the provisions of this
section shall be guilty of an offence against this Act. R.S.O.
1927, c. 291, s. 21 (5), amended.

27. Persons using or travelling in the forest, shall upon
request, give the fire rangers or other authorized officers of the
Crown information as to name, address, routes to be followed,
location of camps and any other information pertaining to the
protection of the forest from fire, and any person who refuses
to give the information required by this section shall be
guilty of an offence against this Act. R.S.O. 1927, c. 291,
s. 22, amended.

28. — (1) Whenever in the opinion of the Minister it is
deemed necessary or expedient, owing to extreme fire hazard
conditions, to close any area and shut out therefrom all persons
except such as are specially authorized, the Minister may
make an order in writing setting out and delimiting the area
to be closed and the period during which such closure shall be
in force, and any other terms and conditions that may be
necessary, and the Minister may from time to time extend
such period and reduce or extend the area.

(2) The Minister may provide for such notice as may be
possible under the circumstances, and shall publish a notice
of such order setting out the area ck)sed and the period of such
closure in such papers as in the opinion of the Minister will
give the greatest publicity. New.

29. Every person who disobeys or refuses or neglects to Penalty.
carry out any of the provisions of this Act or any regulation

or order made thereunder shall be guilty of an offence against
this Act and shall incur a penalty of not less than $25 and
not more than $300, and in default of payment may be im-
prisoned for a term not exceeding ninety days. New.

30. Every person who violates any provision of this Act^^^^®"""
shall, in addition to the penalty otherwise provided in this

Act, be liable to imprisonment for a period not exceeding
ninety days. R.S.O. 1927, c. 291, s. 23.

31. Nothing in this Act shall affect or be held to limit or i^ie^* of

• 1 i • 1 r 1 • • • action for

mterfere with the right of any person to bring and maintain a damages not
civil action for damages occasioned by fire. R.S.O. 1927,
c. 291, s. 24.

32. The penalties imposed by this Act and the regulations ^e^naitfes! °^
shall be recoverable under The Summary Convictions Act.'^^:^^^^^^-'
R.S.O. 1927, c. 291, s. 25. °" '

33. The Forest Fires Prevention Act, being chapter 291 of ^^91^*^*"
the Revised Statutes of 1927, is repealed. repealed.

34. This Act shall come into force on the day upon which ^°™t"of"°®"
it receives the Royal Assent. Act.

3
>

0^5

Pi.
0^

c
p

re
•-t

td
r

No. 97.

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Highway Improvement Act.

Mr. Henry (East York).

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 97.

1930.

Short title.

BILL

An Act to amend The Highway Improvement Act.

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

1. This Act may be cited as The Highway Improvement

Act, 1930.

c!^54.^*^i2, 2. Subsection 4 of section 12 of The Highway Improvement
repealed -^^^ ^^ repealed and the following substituted therefor:

County

Road

Committee.

Appoint-
ment.

Term of
office.

Removal

from

office.

Vacancies.

(4) Where a county road system is established under
this Act the council shall appoint three or five per-
sons residents of the county but who need not be
members of the council, who shall constitute a
committee for the purpose of directing the work to
be done on the county road system.

(a) The members of the committee shall hold
office for a term of three years in the case
of a committee of three persons, and five
years in the case of a committee of five
persons, from the date of the by-law appoint-
ing the committee, and at the expiration of
such periods and thereafter at the expiration
of three or five years as the case may be,
new appointments may be made and any
member of the committee shall be eligible
for reappointment.

{h) A member of the committee may be removed
by a vote of two-thirds of the members of
the council present and voting thereon at
any regular meeting of the council.

{c) Where a member of the committee is so
removed or dies or resigns his office, the
council may appoint some other person to

Explanatory Note

Section 2. The present subsection 4 of section 12 merely provides for
an appointment of a committee of not more than five persons. In order
to secure continuity in policy, the terms of ofifice of members of the com-
rnittee are to be found in the new subsection and the warden is made an
ex-officio member.

'.7

Warden
ex officio
member,

fill the vacancy for the remainder of the term
for which the person so removed, dying or
resigning was appointed.

{d) The warden of the county for the time being
shall be ex-officio a member of the committee
and may sit and vote thereon.

Rev. Stat.,
c. 54, s. 22,
subs. 2,
repealed.

Aid to
bridges.

3. Subsection 2 of section 22 of The Highway Improvement
Act is repealed and the following substituted therefor:

(2) The Minister may direct the payment to the cor-
poration out of the fund of an amount equal to
forty per centum of the cost of constructing, replac-
ing or improving such bridge in accordance with
the plan approved by the Department.

Rev. Stat.,
c. 54. s. 28,
subs, 2,
amended.

Issue of

debentures

for cost of

wider

pavement,

etc.

Rev. Sfat.,
0. 233.

Rev. Stat.
c. 54, ,s. 28,
subs. 5,
amended.

Where
rebate not •
required for
expenditure
on streets.

Rev. Stat.,
c. 54, s. 28,
subs. 5,
amended.

Rebate on
road work
in towns
and villages.

4. Subsection 2 of section 28 of The Highway Improvement
Act is amended by adding at the end thereof the following
words, "and the council of the urban municipality, with the
approval of the Minister may by by-law provide for the
issue of debentures to provide for the payment of such excess
cost, and may apply the rebate payable under subsection 5,
or so much thereof as may be necessary in payment of sums
falling due from year to year on account of such debentures,
and it shall not be necessary to obtain the assent of the
electors to any such by-law nor to observe the other formalities
in relation thereto prescribed by The Municipal Act.''

5. (1) Subsection 5 of the said section 28 is amended by add-
ing at the end of clause 8 in the said subsection the words,
"provided that where the Minister is of the opinion that it is
unnecessary to expend the whole or any part of the monies
so received upon streets in the municipality, he may direct
that the whole or any portion of such monies may be applied
in payment of any outstanding debentures issued to provide
for paving streets in the municipality."

(2) Subsection 5 of the said section 28 is further amended
by adding thereto the following clauses:

(c) In determining the amount of such rebate the amount
raised by the corporation of a town or village for
the purpose of paying off its share of any debenture
debt of the county shall not be considered.

Rev. Stat.,
0. 54, s. 32,
amended.

{d) The amendment made by clause c shall have effect
as from the 1st day of January, 1926.

6. Section 32 of The Highway Improvement Act is amended
by inserting after the word "widening" in the fourth line,

Section 3. The present subsection 2 of section 22 makes the grant
forty per centum of the county expenditure in the case of a bridge of fifty
feet in span or over and thirty per centum in the case of a bridge of less
than fifty feet. The new subsection makes the grant forty per centum
in all cases.

Section 4. The object of this amendment is to enable a town or village
to capitalize the fifty per centum rebate payable by the county to local
urban municipalities by the issue of debentures to be met out of the
annual rebate, where the town desires a better class of paving or a wider
roadway than that for which the county could be held responsible.

Section 5. At present the county rebate to a town or village must be
expended upon streets in the municipality; in several towns or villages
there is no immediate necessity for such expenditure, as there are out-
standing debentures issued to pay for completed work. The amendment
is desired to enable the municipality, with the approval of the Minister
to apply the county rebate or any part of it in payment of any such out-
standing debenture debt. Subsection 2 is to make it clear that the general
county rate is not to be taken into account in estimating the amount
raised in the town or village and fixing the amount of the rebate. This
was always the intention of the section.

Section 6. This section extends the powers of expropriation of the
county for highway purposes to taking lands for road improvements or
for works for protecting roads from erosion by water,

the words "improving, protecting from erosion," so that the
section will now read as follows:

Expropria-
tory powers
of county.

Rev. Stat.,
cc. 233, 52.

Rev. Stat ,
c. 54, s. 39,
amended.

32. Where, in the exercise of its powers or in the per-
formance of its obligations under this Act, the
corporation of a county finds that it is necessary
to expropriate land for the purpose of opening up,
widening, improving, protecting from erosion, alter-
ing or diverting a county highway, the corporation
may, instead of the procedure provided by The
Municipal Act, proceed in the manner provided by
The Public Works Act in the case of lands taken by
the Minister of Public Works and Highways for the
purpose of Ontario without the consent of the owner
of such lands, and the provisions of The Public
Works Act shall mutatis mutandis apply, and the
powers and duties of the Minister of Public Works
and Highways, as set out in the said The Public
Works Act, may be exercised and performed in the
name of the corporation of the county.

7. Section 39 of The Highway Improvement Act is amended
by adding thereto the following subsections:

Issuing
city or town
debentures
for county
suburban
roads.

(3) Where it appears that the rate of one-half mill on
the dollar provided for in subsection 2 of section 37
is not sufficient to carry out permanent or extensive
work, the council of the city or town with the
approval of the Minister may raise such further
sums by the issue of debentures as may be deemed
necessary, and may apply a portion of the proceeds
of the said annual rate of one-half mill on the
dollar, on paying off such debentures.

Assent of
electors not
required.

Rev. Stat.,
0. 233.

(4) It shall not be necessary to obtain the assent of
the electors to any by-law for the issue of debentures
under this section, nor to observe the other formali-
ties in relation thereto prescribed by The Municipal
Act.

Rev. Stat.,
c. 54, s. 42,
amended.

8. Section 42 of The Highway Improvement Act is amended
by inserting after the word "member" in the third line the
words "or an official" so that the section will now read as
follows:

Member or
official of
municipal
council not
eligible as
member of
commission.

42. Notwithstanding anything contained in The Muni-
cipal Act or in any other general or special Act of
this Legislature, or in any municipal by-law, a
person who is a member or an official of a municipal
council shall not be a member of any commission
appointed under section 41.

Section 7. In the case of the smaller cities or towns where it would be
burdensome to increase the rate from the half mill on the dollar for su-
burban roads to two mills on the dollar, as may be done under the precent
section 37 of The Highway Improvement Ad, this section provides ior the
issue of debentures for the cost of the work, and as the money must be
raised and paid and the plan requires the approval of the Minister, the
section dispenses with the necessity for taking a vote of the electors.

Section 8. The present section 42 prohibits a member of the council
from being a member of a suburban road commission, the change made
includes an official of the corporation in the prohibition.

Rev. Stat.,
c. 54, s. 46,
subs. 1,
repealed.

Township

road

subsidy.

9. Subsection 1 of section 46 of The Highway Improvement
Act is repealed and the following substituted therefor:

(1) When approved by the Department the work or
expenditure of any class mentioned in the next
preceding section shall be carried out in accordance
with the regulations of the Department with regard
thereto, and upon the completion of any such work
or expenditure, the council of the township may
submit to the Department an application for a
provincial subsidy equivalent to forty per centum of
the amount of the township funds expended thereon ;
but where the Minister deems it necessary in order
to secure the development of an adequate plan of road
construction, he may recommend that there be paid
to the township such an additional amount as he
may deem requisite, but the total aid so granted in
any one year shall not exceed eighty per centum of
the amount of the township's funds so expended,
and such additional aid shall be in lieu of any other
grant to which the township may be entitled under
any other Act.

Cost of
ferry service
may be
includec'

(a) Where the township is an island, in estimating
the amount of aid to which the township may
be entitled under this Part, there may be
included the whole or such proportion as the
Minister may direct, of the cost of the estab-
lishing and maintenance of a ferry service
between the island and the mainland by the
municipal corporation of the township or its
lessee or licensee.

^^54.l!'^50 10. Section 50 of The Highway Improvement Act as re-
c^^il^'s 5) enacted by section 5 of The Highway Improvement Act, 1928,
repealed. ' ig repealed.

Rev. Stat.,
C. 54, s. 52,
subs. 2,
repealed.

11. Subsection 2 of section 52 of The Highway Improvement
Act is repealed and the following substituted therefor:

"The King's
Highway."

(2) Every highway constructed, designated and assumed
in accordance with this section shall be known as
"The King's Highway," and the words "The King's
Highway" are substituted for the words "Provincial
Highway" wherever they occur in this Act or any
other Act of the Province of Ontario.

f.^Ii^B^lb, 12. Subsection 5 of section 65 of The Highway Improvement
repealed Act \s repealed and the following substituted therefor:

Sections 9 and 10. These sections are rather a change in form for the
sake of clarity. The present subsection 1 of section 46 authorizes a
provincial subsidy of thirty per centum. The new subsection increases
this to forty per centum in accordance with the general policy of the
Department and brings over section 50 as re-enacted in 1928, and puts it
in Its proper place as part of the new subsection 1 of section 46, with some
slight change in the wording, designated to make the intent of the section
clearer.

Section 11. At present highways constructed under part five of The
Highway Improvement Act by the government are designated as "Pro-
vincial Highways." This section changes the designation to "The King's
Highway," not only in The Highway Improvement Act, but in any other
Act in which " Provincial Highways" are referred to.

Section 12. At present the agreement between the Department and an
urban municipality not separated from the county, relates to cojistruction
only. The new section adds "improvement, maintenance andrepair."

Agreement
for work on
connecting
roads for
Highway.

(5) Where it is deemed by the Minister desirable and
expedient an agreement may be entered into with
the corporation of an urban municipality not
separated from the county, for the construction,
improvement, maintenance and repair therein by
the municipality or by the Department of any
highway which is a connecting link or extension
of a provincial highway.

^^54,lubs'. 8 13. Subsection 8 of section 65 of The Highway Improvement
c'^^^iT^'s. 5), Act as enacted by section 5 of The Highway Improvement Act,
repealed. ' ^p^p^ ig repealed.

commence^-^ 14. This Act shall come into force on the day upon which
it receives the Royal Assent.

Section 13. Subsection repealed, provided that the cost of main-
tenance and repair should be paid out of the highway improvement Fund
in the first instance, and be borne and paid by the corporation of the town
or village in the a^me prcportion as the cost of construction or improve-
mant, which is cf course inconsistent with the change made in section 12
of the Bill.

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No. 97.

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Highway Improvement Act.

Mr. Henry (East York).

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 97.

1930.

BILL

Short title.

Rev. Stat.,
e. 54, s. 12,
subs. 4,
repealed.

County-
Road
Committee.

Appoint-
ment.

Term of
office.

An Act to amend The Highway Improvement Act.

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

1. This Act may be cited as The Highway Improvement
Act, 1930.

2. Subsection 4 of section 12 of The Highway Improvement
Act is repealed and the following substituted therefor:

(a) Where the committee consists of three mem-
bers, one member shall be appointed and hold
office for a term of three years; one member
shall be appointed and hold office for a term
of two years, and one member shall be
appointed and hold office for a term of one
year, and thereafter each member shall be
appointed and shall hold office for a term of
three years; and where the committee con-
sists of five members, one member shall be
appointed and hold office for a term of five
years; one member shall be appointed and
hold office for a term of four years; one
member shall be appointed and hold office for
a term of three years; one member shall be
appointed and hold office for a term of two
years and one member shall be appointed and
hold office for a term of one year, and there-
after each member shall be appointed and
shall hold office for a term of five years.

(i) A member upon the expiry of his term of
office shall be eligible for re-appointment.

(b) A member of the committee may be removed Removal

by a vote of two-thirds of the members ofom^e.
the council present and voting thereon at
any regular meeting of the council.

removed or dies or resigns his office, the
council may appoint some other person to
fill the vacancy for the remainder of the term
for which the person so removed, dying or
resigning was appointed.

(d) The warden of the county for the time being warden
shall be ex-officio a member of the committee member,
and may sit and vote thereon.

■ 3. Subsection 2 of section 22 of The Highway Improvement 'Rev. stat.,
.Act is repealed and the following substituted therefor: subs.'2,'

repealed.

(2) The Minister may direct the payment to the cor-^Mto^
poration out of the fund of an amount equal to
forty per centum of the cost of constructing, replac-
ing or improving such bridge in accordance with
the plan approved by the Department.

4. Subsection 2 of section 28 of The Highway Improvement R^^^ |ta^-
Act is amended by adding at the end thereof the following siibs,' 2,"
words, "and the council of the urban municipality, with the
approval of the Minister may by by-law provide for the
issue of debentures to provide for the payment of such excess i^sue of
cost, and may apply the rebate payable under subsection 5 , ^q^j!^®^*^'^®^^
or so much thereof as may be necessary in payment of sums wider ^^
falling due from year to year on account of such debentures, etc.
and it shall not be necessary to obtain the assent of the
electors to any such by-law nor to observe the other formalities
in relation thereto prescribed by The Municipal Act." ^ev stat.,

c. 233.

5. — (1) Subsection 5 of the said section 28 is amended by Re^^ stat^
adding at the end of clause a in the said subsection the words, subs.' 5,

,, -111 1 1 n*^. . • • r 1 • • 1 ^ -x • amended.

provided that where the Minister is of the opinion that it is
unnecessary to expend the whole or any part of the monies
so received upon streets in the municipality, he may direct where
that the whole or any portion of such monies may be applied rIquired°for
in payment of any outstanding debentures issued to provide expendUure
for paving streets in the municipality."

(2) Subsection 5 of the said section 28 is further amended ^^^^^^g^^^g-^
by adding thereto the following clause: l^lnded

Rebate on
road work
in towns
and villages.

(c) In determining the amount of such rebate payable in
the year 1931 and thereafter the amount raised by
the corporation of a town or village for the purpose
of paying off its share of any debenture debt of the
county shall not be considered.

Rev. Stat.,
c. 54, s. 32,
amended.

6. Section 32 of The Highway Improvement Act is amended
by inserting after the word "widening" in the fourth line,
the words "improving, protecting from erosion," so that the
section will now read as follows:

Expropria-
tory powers
of county.

Rev. Stat.,
cc. 23.3, '52.

Rev. Stat.,
c. 54, s. 39,
amended.

7. Section 39 of The Highway Improvement Act is amended
by adding thereto the following subsections:

Issuing
city or town
debentures
for county
suburban
roads.

(3) Where it appears that the rate of one-half mill on
the dollar provided for in subsection 2 of section 37
is not sufificient to carry out permanent or extensive
work, the council of the city or town with the
approval of the Minister may raise such further
sums by the issue of debentures as may be deemed
necessary, and may apply a portion of the proceeds
of the said annual rate, of one-half mill on the
dollar, on paying off such debentures.

Assent of
electors not
required.

Rev. Stat.
c. 233.

^^54 1*^42 ®- Section 42 of The Highway Improvement Act is amended
amended. ' j^y inserting after the word "member" in the third line the

words "or an official" so that the section will now read as
follows :

42. Notwithstanding anything contained in The Muni-^^^^-^%f''
cipal Act or in any other general or special Act of "municipal

, . T • 1 ' • • • t , , council not

this Legislature, or in any municipal by-law, a eligible as

,. i_ ' ^-.,. '.., member of

person who is a member or an official of a municipal commission.
council shall not be a member of any commission
appointed under section 41.

9. Subsection 1 of section 46 of The Highway Improvement Rev. stat.,
Act is repealed and the following substituted therefor: siibs.'i,'

repealed.

(1) When approved by the Department the work or Township
expenditure of any class mentioned in the next subsidy.
preceding section shall be carried out in accordance
with the regulations of the Department with regard
thereto, and upon the completion of any such work
or expenditure, the council of the township may
submit to the Department an application for a
provincial subsidy equivalent to forty per centum of
the amount of the township funds expended thereon ;
but where the Minister deems it necessary in order
to secure the development of an adequate plan of road
construction, he may recommend that there be paid
to the township such an additional amount as he
may deem requisite, but the total aid so granted in
any one year shall not exceed eighty per centum of
the amount of the township's funds so expended,
and such additional aid shall be in lieu of any other
grant to which the township may be entitled under
any other Act.

(a) Where the township is an island, in estimating Cost of .

, f., 1-11 1- ferry service

the amount of aid to which the township may may be
be entitled under this Part, there may be"^°"
included the whole or such proportion as the
Minister may direct, of the cost of the estab-
lishing and maintenance of a ferry service
between the island and the mainland by the
municipal corporation of the township or its
lessee or licensee.

10. Section 50 of The Highway Improvement Act as re- Rev- ^^^^v
enacted by section 5 of The Highway Improvement Act, 1928, (1928. '

I , c. 18, s. 5),

IS repealed. repealed.

11. Subsection 2 of section 52 of The Highway Improvetnent Rev stat.,
Act is repealed and the following substituted therefor: subs.'2,'

repealed.

"The King's
Highway."

(2) Every highway heretofore or hereafter constructed,
designated and assumed in accordance with this
section shall be known as "The King's Highway,"
and the words "The King's Highway" are sub-
stituted for the words "Provincial Highway"
wherever they occur in this Act or any other Act
of the Province of Ontario.

c^^54,l!^65, 12. Subsection 5 of section 65 of The Highway Improvement
repealed. ^^^ '^^ repealed and the following substituted therefor:

Agreement
for work on
connecting
roads for
Highway.

c^¥4,^ifbs'. 8 13. Subsection 8 of section 65 of The Highway Improvement
^19^29'g gj Act as enacted by section 5 of The Highway Improvement Act,
repealed. ' 1929, is repealed.

Commence- 14. fhis Act shall come into force on the day upon which

ment of Act. . . , t^ , -

it receives the Royal Assent.

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No. 98

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to incorporate the City of Sudbury.

Mr. Robb.

(PRIVATE BILL)

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 98.

1930,

Preamble.

BILL

An Act to incorporate the City of Sudbury.

WHEREAS the corporation of the town of Sudbury has,
by petition represented that the said town of Sudbury
has now a population of over twenty thousand; and whereas a
large number of citizens of the town of Sudbury and the board
of trade have urged upon the council that it is desirable to
have the town erected into a city; and whereas the said
corporation has by its petition prayed that an Act may be
passed for that purpose; and whereas it is expedient to grant
the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

Short title. 1, This Act may be cited as The City of Sudbury Act, 1930.

Incor-
poration.

Rev. Stat.
0. 233.

Composition
of council.

Proviso.

Rev. Stat.,
c. 233.

2. On and after the twenty-eighth day of July, 1930, the
town of Sudbury shall be and is hereby incorporated as a city
and shall be known as "The Corporation of the City of
Sudbury," and as such shall enjoy and possess all the rights,
powers and privileges of a city erected under the provisions
of The Municipal Act.

3. The council of the said city of Sudbury shall consist of
the mayor, who shall be the head thereof, and three aldermen
for each of the three wards subject, however, to the number
of aldermen being changed under the provisions of The
Municipal Act. Provided, that the present mayor and
council of the said town shall be the mayor and council of the
said city during the year 1930 and until their successors are
elected and organized as the council of the city as provided by
The Municipal Act, and shall exercise all the rights and
powers and perform all the duties pertaining to the office of
mayor and aldermen respectively of a city, and in the event
of the death or resignation or disqualification of the mayor or
any member of the said council, the vacancy shall be filled
in the manner provided by The Municipal Act.

City to
stand in
place of
town.

4. The city of Sudbury shall in all matters whatsoever
stand and be in the place and stead of the town of Sudbury,
and all property of every kind and all rights and interests,
assets and effects, taxes, rates, dues, revenues, contracts,
obligations and income now belonging to or accruing due to,
or which may be assessed for, by the said town, shall pass and
belong to and be the rights, property, interests, assets, effects,
taxes, revenues, contracts and obligations of the city of
Sudbury, and the city of Sudbury shall have as full power in
its name to assess for, demand, collect, sue for and receive the
same as the said town could have and the said city shall
assume and hereby assumes all bills, debts, debentures and
liabilities of any and every kind now due, or contracted or
accruing due, or for which the said town, but for the passing
of this Act, would be liable, and the same shall and may be
collected and sued for, from and against the city of Sudbury
in precisely the same manner except in the change of the
name as against the town of Sudbury, and all acts, matters
and things whatsoever, which might lawfully be done by the
town of Sudbury shall and may be done by the city of Sudbury,
and all matters begun or initiated by the said town may be
completed by the said city, the meaning and intention hereof
being that in all matters and things the said city shall be and
stand in the place of the said town.

Officers and
servants.

5. The officers and servants of the said town shall, until
superseded in or moved from office by the council of the said
city, remain the officers and servants of the said city, and the
bonds now held by the town of Sudbury, for the faithful
performance of their duties, shall continue to be in force
against them and their sureties in favour of the said city to
the same extent as they are now liable to the town.

Application 6. The provisions of The Municipal Act relating to matters

of provisions 1 ...i r .._• r • • i ^•

of Rev. Stat., consequent on the lormation ot new municipal corporations
^' ^^"^' and all the other provisions of the said Act shall, except so

far as is herein otherwise provided, apply to the corporation
of the said city of Sudbury in the same manner as if the said
town of Sudbury has been erected into a city under the pro-
visions of the said Act.

To form part
of District
of Sudbury
for judicial
purposes.

7. The city of Sudbury shall be, remain and form part of
the district of Sudbury for judicial purposes.

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No. 98

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to incorporate the City of Sudbury,

Mr. Robb.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 98.

1930.

BILL

Preamble.

An Act to incorporate the City of Sudbury.

WHEREAS the corporation of the town of Sudbury has,
by petition represented that the said town of Sudbury
has now a population of over twenty thousand ; and whereas a
large number of citizens of the town of Sudbury and the board
of trade have urged upon the council that it is desirable to
have the town erected into a city; and whereas the said
corporation has by its petition prayed that an Act may be
passed for that purpose; and whereas it is expedient to grant
the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

Short title. I This Act may be cited as The City of Sudbury Act, 1930.

Incor-
poration.

Rev. Stat.
c. 233.

Composition
of council.

Proviso.

Rev. Stat.,
c. 233.

4. The city of Sudbury shall in all matters whatsoever ^1^*^^^^*^.°^^
stand and be in the place and stead of the town of Sudbury, P^^ce of
and all property of every kind and all rights and interests,
assets and effects, taxes, rates, dues, revenues, contracts,
obligations and income now belonging to or accruing due to,

or which may be assessed for, by the said town, shall pass and
belong to and be the rights, property, interests, assets, effects,
taxes, revenues, contracts and obligations of the city of
Sudbury, and the city of Sudbury shall have as full power in
its name to assess for, demand, collect, sue for and receive the
same as the said town could have and the said city shall
assume and hereby assumes all bills, debts, debentures and
liabilities of any and every kind now due, or contracted or
accruing due, or for which the said town, but for the passing
of this Act, would be liable, and the same shall and may be
collected and sued for, from and against the city of Sudbury
in precisely the same manner except in the change of the
name as against the town of Sudbury, and all acts, matters
and things whatsoever, which might lawfully be done by the
town of Sudbury shall and may be done by the city of Sudbury,
and all matters begun or initiated by the said town may be
completed by the said city, the meaning and intention hereof
being that in all matters and things the said city shall be and
stand in the place of the said town.

5. The officers and servants of the said town shall, until 0^^°^®^^^*'^^
superseded in or moved from office by the council of the said

city, remain the officers and servants of the said city, and the
bonds now held by the town of Sudbury, for the faithful
performance of their duties, shall continue to be in force
against them and their sureties in favour of the said city to
the same extent as they are now liable to the town.

6. The provisions of The Municipal Act relating to matters Application
consequent on the formation of new municipal corporations of Rev^'ltatt.
and all the other provisions of the said Act shall, except so'^ ^^^"

far as is herein otherwise provided, apply to the corporation
of the said city of Sudbury in the same manner as if the said
town of Sudbury had been erected into a city under the pro-
visions of the said Act.

7. The city of Sudbury shall be, remain and form part of 'r°T^9rm part

1 J- • r o 11 r • • • •-*' District

the district of Sudbury for ludicial purposes. of Sudbury

■'J f f for judicial

purposes.

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No. 99

1st Session, 18th Legislature, Oistario
20 George V, 1930

BILL

An Act to amend The Municipal Act.

Mr. Macaulay.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 99. 1930.

BILL

An Act to amend The Municipal Act.

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

as follows:

^®JggStat. 1 Section 424 of The Municipal Act is amended by adding

amended. to the heading thereof the following words "and of townships

bordering on a city having a population of not less than

100,000," and by adding at the end of the section the following

clause :

(a) Where the council of a town or township has passed
a by-law under this section the by-law of the county
shall not be in force in such town or township while
the by-law of such town or township remains in
force.

Explanatory Note.

Under section 24 of the Act, counties, cities and towns have power to
pass by-laws licensing, regulating and governing dry cleaners and similar
businesses in which gasoline, benzine or inflammable liquids are used.

The Bill extends this power to townships bordering on a city over
100,000, and provides that a county by-law shall not be in force where
a town or township by-law has been passed.

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No. 100

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to authorize the City of Chatham to borrow on
debentures the sum of $200,000

Mr. C alder

(PRIVATE BILL)

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 100. 1930.

BILL

An Act to authorize the City of Chatham to borrow
on debentures the sum of $200,000.

Preamble. IITHEREAS the corporation of the city of Chatham has by
W its petition represented that the said city of Chatham
has determined to reconstruct the bridge crossing the River
Thames in the city of Chatham and commonly known as
Fifth Street Bridge, at a total estimated cost of $200,000; and
whereas the said corporation has also, by its petition, repre-
sented that it is desirous of issuing debentures of the said
corporation for a sum not exceeding $200,000, extending for
a period not exceeding 20 years from the date thereof, and at
a rate of interest not exceeding five per centum per annum,
to provide funds for the payment of the said work; and
whereas the said corporation has, by its petition, prayed that
an Act may be passed for the above mentioned purposes; and
whereas it is expedient to grant the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows: —

Short title. 1. This Act may be cited as The City of Chatham Bridge Act,
1930.

Power to 2. The corporation of the city of Chatham may pass a

$200,000 for by-law to borrow, and may borrow, a sum not exceeding

tfon'iff "^"^ $200,000 and may issue debentures therefor payable within a

Bddge.^^'^^'^^ period not exceeding 20 years from the date thereof, and at

such rate of interest, not exceeding five per centum per annum,

as the council of the corporation of the city of Chatham may

determine to provide monies to pay for the reconstruc tion of

the said bridge in the city of Chatham, without submitting

the by-law to the electors of the said city for their assent.

Non- 3. It shall not be necessary for the said corporation to

of ^ert^in"^ observe in respect of the said by-law the formalities prescribed
Re^v^^ stat^. c^ by The Municipal Act in relation to the passing of money
233. by-laws.

Irregularity 4 ^q irregularity in the form of any of the debentures

in form not a j 111

to invalidate, issued Under the authority of this Act or in any by-law author-
100

izing the issue thereof shall render the same invalid or be
allowed as a defence to any action brought against the cor-
poration of the city of Chatham for the recovery of the
amount thereof or any part thereof or the interest thereon.

Commence- 5. This Act shall come into force on the day upon which it

ment of Act. • ..u r> i a .^

receives the Royal Assent.

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No. 100

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to authorize the City of Chatham to borrow on
debentures the sum of $200,000

Mr. Calder

* TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 100.

1930.

BILL

An Act to authorize the City of Chatham to borrow
on debentures the sum of $200,000.

Preamble. ^T^ fHEREAS the corporation of the city of Chatham has by
VV its petition represented that the said city of Chatham
has determined to reconstruct the bridge crossing the River
Thames in the city of Chatham and commonly known as
Fifth Street Bridge, at a total estimated cost of $200,000; and
whereas the said corporation has also, by its petition, repre-
sented that it is desirous of issuing debentures of the said
corporation for a sum not exceeding $200,000, extending for
a period not exceeding 20 years from the date thereof, and at
a rate of interest not exceeding five per centum per annum,
to provide funds for the payment of the said work; and
whereas the said corporation has, by its petition, prayed that
an Act may be passed for the above mentioned purposes ; and
whereas it is expedient to grant the prayer of the said petition ;

Therefore, His Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts a? follows: —

Short title. 1. This Act may be cited as The City of Chatham Bridge Act,
1930.

Power to 2. The corporation of the city of Chatham may pass a

$200,000 for by-law to borrow, and may borrow, a sum not exceeding

recons^truc- <^200,000 and may issue debentures therefor payable within a

BHdge.^^'^^^* period not exceeding 20 years from the date thereof, and at

such rate of interest, not exceeding five per centum per annum,

as the council of the corporation of the city of Chatham may

determine to provide monies to pay for the reconstruction of

the said bridge in the city of Chatham, without submitting

the by-law to the electors of the said city for their assent.

Non; 3. It shall not be necessary for the said corporation to

of ^ert^in'^ observe in respect of the said by-law the formalities prescribed
Re°v!'stat. c^by The Municipal Act in relation to the passing of money
^^^- by-laws.

i^reguiar^ity 4 ^^ irregularity in the form of any of the debentures
to invalidate, issued Under the authority of this Act or in any by-law author-

100

5. This Act shall come into force on the day upon which it commence-^^
receives the Royal Assent.

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No. 101

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Vital Statistics Act.

Mr. Moore.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 101.

1930.

BILL

An Act to amend The Vital Statistics Act.

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

Short
title.

Rev. Stat.,

c. 78, s. 33,

subs, 3

(1929,

c. 26, s. 2),

amended.

1. This Act may be cited as The Vital Statistics Act, 1930.

2. Subsection 3 of section 33 of The Vital Statistics Act as
enacted by section 2 of The Vital Statistics Act, 1929, is
amended by striking out the figures "100,000" in the first
line and inserting in lieu thereof the figures "50,000," so that
the subsection will now read as follows:

Sub-
registrars, —
aopointment
of in cities
of 50,000 or
over.

Commence-
ment of Act.

(3) In a city having a population of 50,000 or over, the
division registrar may, with the approval of the
Registrar-General, appoint such sub-registrars as
may be necessary for the more convenient carrying
out of the provisions of this Act with respect to the
registration of deaths and for the issuing of burial
permits.

3. This Act shall come into force on the day upon which
it receives the Royal Assent.

101

Explanatorv Note.

By an amendment made last Session it was provided that the clerk
of the municipality, who is the division registrar of vital statistics, might
with the approval of the Registrar-General, appoint such sub-registrars
as may be necessary in order to facilitate the registration of deaths and the
issuing of burial permits. The change made by this Bill is to extend this
provision to cities of 50,000 or over.

101

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No. 101

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Vital Statistics Act.

Mr. Moore.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 101.

1930.

BILL

An Act to amend The Vital Statistics Act.

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

Short
title.

Rev. Stat.
c. 78, s. 6,
sub. 3,
repealed.

Certificate as
prima facie
evidence.

1. This Act may be cited as The Vital Statistics Act, 1930.

2. Subsection 3 of section 6 of The Vital Statistics Act, is
repealed and the following substituted therefor:

3. The certificate shall be prima facie evidence in any
court of the facts certified to be recorded.

Rev. Stat.,

c. 78, 8. 33,

subs, 3

(1929,

c. 26, 8. 2),

amended.

3. Subsection 3 of section 33 of The Vital Statistics Act as
enacted by section 2 of The Vital Statistics Act, 1929, is
amended by striking out the figures "100,000" in the first
line and inserting in lieu thereof the figures "50,000," so that
the subsection will now read as follows:

Sub-
registrars,—
appointment
of in cities
of 50,000 or
over.

Commence-
ment of Act.

4. This Act shall come into force on the day upon which
it receives the Royal Assent.

101

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No. 102

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

\n Act to amend The Public Health Act.

Mr. Moore.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 102. 1930.

BILL

An Act to amend The Public Health Act.

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

f^^l^ 1. This Act may be cited as The Public Health Act, 1930.

Rev stat.^^ 2. Section 12 of The Public Health Act is amended by adding
amended. ' thereto the following subsection:

menrof" (5) In a city one or more members of the council may

c?fy"co^um)n he appointed to be members of the local board of

^o ^ocai health for the city.

Commence- 3 j^is Act shall come into force on the day upon which

IH6n L O I Act .

it receives the Roval Assent.

102

Explanatory Note.

This is intended to remove a doubt which appears to exist in some
quarters as to the right of a city council to appoint one of its members to
the local board of health.

102

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No. 103

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Highway Traffic Act.

Mr. Robertson.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 103. 1930.

BILL

An Act to amend The Highway Traffic Act.

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

c!^25i^*s*§8 ^' Subsection 1 of section 38 of The Highway Traffic Act
subs. 1 is amended by adding thereto the following clause:

amended. ^ » ts

(a) This subsection shall extend and apply to any
animal which is led or driven on a highway by a
person on foot and to such person on foot.

2. This Act shall come into force on the day upon which
it receives the Roval Assent.

103

Explanatory Note.

Under the Act as it stands every person in charge of a motor vehicle
is required when approaching a vehicle drawn by a horse or a horse upon
which any person is riding to control his motor vehicle so as to prevent
the frightening of the horse and to insure the protection of any person
riding or driving the same.

The Bill asks that this subsection should be extended to apply to any
animal which is led or driven on the highway by a person on foot.

103

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No. 104

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Planning and Development Act.

Mr. Macaulay.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 104.

1930.

BILL

Rev. Stat.,
c. 236, s. 5,
subs. 2,
amended.

Requiring

certain

grading and

gravelling,

and

construction

of culverts

before

approval

of plan.

An Act to amend The Planning and
Development Act.

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

1. Subsection 2 of section 5 of The Planning and Develop-
ment Act is amended by adding the following subsection:

(2a) The council of any municipahty within which any
part of such land is situate may require that before
its approval is given the owner shall grade and
gravel any proposed new highways, or parts thereof,
shown on the plan, and construct certain culverts
therein as may be determined by the council and
on the execution of such work it shall be the duty
of the council to approve of the plan forthwith but
if the owner is unwilling to execute the required
work he shall have the right to appeal to the Board
for relief, and the Board may relieve the owner from
executing the work required and approve of the
plan forthwith, or may make such modifications in
the required work as it deems proper and approve
of the plan when it is proven to its satisfaction that
the work as modified has been executed. No high-
way shall be required to be gravelled to a greater
width than twelve feet or to a greater depth than
four inches or with other than pit-run gravel.

104

Explanatory Note.

This Bill explains itself and has reference to the approval of plans of
subdivisions of land within urban zones.

Under the Act as it stands there is no provision allowing the council
to require the construction of any works as a condition precedent to the
approval of the plan.

104

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No. 105

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to provide for giving Threshers a Lien in certain cases.

Mr. Smith (Essex South).

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 105.

1930.

BILL

An Act to provide for giving Threshers a Lien in
certain cases.

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

Short title. I xhis Act may be cited as The Threshers' Lien Act, 1930.

2. In this Act, unless the context otherwise requires, —

Interpre-
tation.

'Thresher.

'Grain."

'Owner."

Registration
of machines.

Fee.

(a) the expression "thresher" means the person, firm or
corporation who threshes or causes to be threshed
grain of any kind, and who is not indebted to the
person, firm or corporation for whom the threshing
is done, and who has registered in accordance with
the provisions of this Act;

(&) "grain" wherever referred to in this Act shall mean
and include vegetable products produced from the
soil which require threshing or any other machine
process to make same usable or marketable;

(c) "owner" shall mean the owner or occupant of the
premises when the threshing is being done, or any
person, firm or corporation who has any right of
ownership or title to the grain threshed.

3. Every person, firm or corporation owning or operating a
threshing machine, separator or other machinery for the
purpose of threshing grain as defined in this Act, or causing
the same to be operated, shall each year before commencing
operations register his, their or its machine or machines with
the Minister of Agriculture, and shall procure a certificate of
registration as in form "A" in the schedule hereto. Such
registration certificate shall be kept posted in a conspicuous
place upon the machine or separator by the owner or operator
during the whole of the threshing season. The fee for regis-
tration shall be $1. Upon the transfer of ownership of any

105

such machine or machinery certificate of such transfer shall
be issued in accordance with form "B" in the schedule hereto
Transfer. by the transferor upon payment of a transfer fee of fifty cents,
such transfer to be made within thirty days from the time the
ownership of any such machine or machinery is transferred.

•

^^^^^- 4. Every person, firm or corporation owning or operating

or causing to be operated, a threshing machine, separator or
other machinery for the purpose of making usable or market-
able any products of the soil, and who threshes or causes to be
threshed grain of any kind for another person, firm or corpora-
tion herein referred to as the owner, for a fixed price or rate of
remuneration, shall from the date of the commencement of
such threshing have a lien upon such grain for the purpose of
securing payment of the said price or remuneration, or such
part or portion thereof as may be earned, and may take a
sufficient quantity of such grain to secure payment of such
price or remuneration as may be earned at the date of such
taking.

Limit of 5. The quantity of grain which may be retained and

amount for i i n i • i i -n , ^

which lien removed shall be approxmiately such as will, when computed
at the market value thereof at the nearest market place where
said threshing is done, pay the total account for threshing
done that reason together with the cost of haulage, storage
and sale as hereinafter set forth :

hoM^i^ng*^ 6. Notice in writing of the retention of the grain shall be

fien^.'^ ^'^^ given to the owner during the threshing or forthwith after

the threshing is finished, setting forth in detail, —

(a) the claim of the thresher;

(b) the quantity of grain retained,

and the grain so retained shall be separated from the bulk of
the threshed grain and may be removed from the premises at
any time within thirty days from the completion of such
threshing.

grafn^heid. '^ • ^^^ thresher who exercises such right of retention and
removal may house the grain so taken and removed in his
own name, and if at the expiration of fifteen days from the
time such right of retention and removal is exercised the
price or remuneration for which the grain is held be not paid,
together with the cost of hauling and storage, such person
may sell the said grain at a fair market price, and after deduct-
ing the price or remuneration for threshing, haulage and
storage charges and other expenses incidental thereto, shall
pay the balance if any to the owner of the said grain, or his
assigns.

105

biffty^oT' ^- ^^^ thresher shall be accountable for any grain removed,

thresher. and any damage or deterioration to such grain.

ma^lmve ^- ^^ ^he alternative, the thresher may instead of removing

premises for ^^^ grain as aforesaid from the said premises where the
thirty days., threshing is being done, leave the grain upon the said premises
after being separated from the bulk of the said grain, which
may be placed in bags or receptables, and notwithstanding
the non-removal of the said grain the lien of the thresher shall
attach for a period of thirty days, or until the said grain is
sold within the time provided by this Act. This provision
shall not prevail, however, against a purchaser of said grain
for value, without knowledge that the grain is subject to the
lien provided by this Act.

which laieTo l®- I" ^11 cases grain retained under the provisions of this
take place, j!^^^ shall be sold within thirty days after the right of retention

is exercised unless the owner thereof consents in writing to the

same being unsold for a longer period.

riori y. jj ^j^^ right of retention and lien hereinbefore provided

shall prevail against and have priority over all other liens,
charges, encumbrances, conveyances, assignments and claims
whatsoever.

S^r?g"ht^to^^ 12. Should any dispute arise between the owner and the
aside grain^* thresher as to the right of the thresher to seize or remove any
such grain so threshed then the owner shall, during the
threshing or within forty-eight hours after said threshing is
completed or the said grain set aside or removed in accordance
with the provisions of this Act, serve the thresher with notice
that he disputes the right of-the thresher to seize and set aside
or remove said grain, and such dispute shall be heard and
determined in a summary way by the county court judge of
the county in which the said grain is being threshed upon
application to him by Ihe owner and upon notice to the
thresher made within four days after service of the dispute
notice, and until such application is heard the said grain shall
remain on the premises where threshed and shall not be
subject to removal or sale in the meantime.

Penalty. 13. Any owucr of grain, or other person who sells, removes,

or attempts to sell or remove, such grain which is subject to a
lien under the provisions of this Act shall be guilty of an
ofifence and shall be liable on summary conviction to a penalty
not exceeding the value of the grain so sold or removed, and
in default of payment thereof, to be committed to jail for a
period not exceeding three months with or without hard
labour unless the said penalty and all costs are sooner paid.

105

SCHEDULE

FORM A

{Section 3)
Government of the Province of Ontario
Department of Agriculture
Threshing Machine Registration Certificate No.. .

This is to certify that

oi. has duly registered his

threshing machine in accordance with the provisions of section 3 of The
Threshers' Lien Act, 1930.

Dated at Toronto, Ontario, this day of 19. . .

Minister of Agriculture.
1930, Chapter , Section

FORM B

{Section 3)

Certificate of Transfer

I hereby certify that Threshing Machine Certificate Number

is this day transferred from

of to

Dated at Toronto, Ontario, this day of 19. . .

Minister of AgricuUtrre.
1930, Chapter , Section

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No. 106

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Highway Traffic Act.

Mr. Henry (York East).

TORONTO

Printed by Herbert H, Ball,

Printer to the King's Most Excellent Majesty

No. 106.

1930.

BILL

An Act to amend The Highway Traffic Act.

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

Rev. Stat,
c. 251,
amended.

1. The Highway Traffic Act is amended by adding thereto
the following section :

Liability
for loss or
damage.

41a. The owner of a motor vehicle shall be liable for all
loss or damage sustained by any person by reason of
negligence in the operation of such motor vehicle on
a highway unless such motor vehicle was without the
owner's consent in the possession of some person
other than the owner or his chauffeur, and the driver
of a motor vehicle not being the owner shall be liable
to the same extent as such owner.

Rev. Stat.,
c. 251, s. 53,
subs. 1,
amended.

2. Subsection 1 of section 53 of The Highway Traffic Act, is
amended by adding at the end thereof the following words "or
within such further period as may be allowed by a judge of the
county or district court in which the damages occurred, or by
a judge of the Supreme Court on an ex parte application being
made to him for such purpose."

Rev. Stat.,
c. 251, s. 53,

subs. 4 ' repealed.

repealed. ^

3. Subsection 4 of section 53 of The Highway Traffic Act, is

106

Explanatory Note.

Section 1. Last Session section 41 of the Act which had been held by
the Supreme Court of Canada to make the owner of a motor vehicle civilly
responsible in damages by reason of a violation of the Act was repealed
and a section substituted making the owner liable only for the penalties
imposed by the Act, the effect being to leave his liability in damages to
be governed by the common law.

The Bill proposes to make the owner liable for damages resulting from
negligence in operation unless the vehicle was in the possession of some
other person without the owner's consent.

Section 2. Under section 53 no action can be brought against a person
for the recovery of damages caused by a motor vehicle after the expiration
of six months from the time the damages were sustained.

The Bill would give power to a judge to extend this period on application
to him.

Section 3. Repeals a subsection providing that the limitation as to
bringing an action shall not apply to one brought by a passenger in a motor
vehicle against the owner or driver of a vehicle.

106

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No. 107

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Municipal Act.

Mr. Heighington.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 107. 1930.

BILL

An Act to amend The Municipal Act.

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

c. 233, s. 329. 1. Section 329 of The Municipal Act is amended by adding
^^ ^ thereto the following subsection :

debentures.^ (^) Any debenture heretofore issued or hereafter to be

issued shall be sufficiently signed by the head of the
council if it bears the signature, as hereinbefore in
this section provided, of the person who was the head
of the council either at the date of the debenture or
at the time when it was issued.

?®2^3^t^46o, 2. Section 400 of The Municipal Act is amended by adding
amended. thereto the following paragraph:

Owner to 15. For requiring every owner of land upon which there

hfnd fn''*^^'^ is erected a building used or intended to be used for

'"*^'^^*''- commercial purposes to keep in repair any portion

of his land lying between the building and the street
line which is used by the public as part of the side-
walk or such street, and for providing that in the
event of any such owner refusing to keep same in
repair the corporation may put same in repair at the
expense of the owner, and for collecting or recovering
the expenses incurred in so doing in the manner
provided by section 512.

107

Explanatory Note.

Section 1. The object of this section is to remove any doubt as to
what person as head of the council should execute debentures.

Section 2. The object is to give to the municipality power to require
the owner to keep in repair a strip of land lying between the street line and
his building so as to save the corporation from liability for damages by
reason of its being out of repair.

107

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No. 108

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Planning and Development Act.

Mr. Moore.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 108. 1930.

BILL

An Act to amend The Planning and Development

Act.

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

Short title. 1. This Act may be cited as The Planning and Development
Act, 1Q30.

Rev. Stat., 3. Subsection 2 of section 13 of The Planning and Develop-
subs.''2^' '^^' ment Act is amended by adding thereto the following words:
amended. "and the council may appoint one or more of its members to
be members of such commission."

Commence- 3. This Act shall come into force on the day upon which it
Act. receives the Royal Assent.

108

Explanatory Note.

Under The Planning and Development Act the council of a city, town or
village may appoint a town planning commission which is to consist of the
head of the council and six persons, being ratepayers, appointed by the
council.

The object of the Bill is to remove any doubt there may be as to the
right to appoint members of the council as members of the commission.

108

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No. 109.

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Municipal Act.

Mr. Macaulay.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 109. 1930.

BILL

An Act to amend The Municipal Act.

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

J^23'3^*^429 •^" Clause b of paragraph 6 of section 429 of The Municipal
par 6' ci. b ' Act as enacted by 1929, chapter 58, section 12, is repealed and
s. 12)! ■ ' the following substituted therefor:

repealed.

{h) The by-law shall not apply to the sale of stock of a
bankrupt or an insolvent, within the meaning of any

Bankruptcy or Insolvency Act in force in Ontario, .

nor to the sale of any stock damaged by or j

by reason of fire, which is being sold or disposed of 1

within the municipality in which the business was \

being carried on at the time of the bankruptcy, j

insolvency or fire so long as no goods, wares or |

■ merchandise are added to such stock. |

109

Explanatory Note.

This Bill relates to by-laws passed for licensing, regulating and govern-
ing transient traders.

The only change made in the law by the Bill is that the by-law is not
to apply to the sale of any stock damaged by or by reason of fire.

In other respects the Bill sets out the law as it stands with the proposed
amendment.

109

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No. 110

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Travelling Shows Act.

Mr. Monteith.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 110.

1930.

BILL

An Act to amend The Travelling Shows Act.

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

Short title.

Rev. Stat.,
c, 256, s. 2,
subs. 1,
amended.

1. This Act may be cited as The Travelling Shows Act, 1930.

2. Subsection 1 of section 2 of The Travelling Shows Act
is amended by striking out all the words after the word
"Treasurer" in the sixth line and inserting in lieu thereof
the words "such sums as may be fixed by the Lieutenant-
Governor in Council," so that the subsection will now read
as follows:

License fee. (1) Every applicant for a license shall make and file

in the office of the Treasurer a statutory declaration
setting forth the number of days upon which the
show is to be exhibited in Ontario and the localities
in which the performances or exhibitions are to be
held, and for such license shall pay in advance to
the Treasurer such sums as may be fixed by the
Lieutenant-Governor in Council.

Commence-
ment of
Act.

3. This Act shall come into force on the day upon which
it receives the Royal Assent.

110

Explanatory Note.

At present the license fees under The Travelling Shows Act are fixed by
section 2 of that Act at $150 and $75 for circuses and carnival companies
and $25 for trained animal shows. The Bill proposes to leave these fees to
be fixed by regulation so as to admit of a more equitable classification.

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No. 110

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Travelling Shows Act.

Mr. Monteith.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 110.

1930.

Short title.

Rev. Stat.,
c, 256, s. 2,
subs. 1,
amended.

BILL

An Act to amend The Travelling Shows Act.

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

1. This Act may be cited as The Travelling Shows Act, 1930.

License fee. (1) Every applicant for a license shall make and file

in the office of the Treasurer a statutory declaration
setting forth the number of days upon which the
show is to be exhibited in Ontario and the localities
in which the performances or exhibitions are to be
held, and for such license shall pay in advance to
the Treasurer such sum as may be fixed by the
Lieutenant-Governor in Council,

SeKI''^^^' 3. This Act shall come into force on the day upon which
Act. j^ receives the Royal Assent.

110

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No. Ill

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Theatres and Cinematographs Act,

Mr. Monteith.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 111.

1930.

BILL

An Act to amend The Theatres and
Cinematographs Act.

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

Short title. 1. This Act may be cited as The Theatres and Cinemato-

graphs Act, 1930.

Rev.^stat 2. Section 1 of The Theatres and Cinematographs Act ic?

amended. ' amended by inserting after the word "theatres" in the sixth
line the words "public halls and buildings occupied by film
exchanges," so that the section will now read as follows:

Regu-

tions by
Lieutenant-
Governor ra
Council as
to theatres.

Rev. Stat.,
c. 285, s. 2,
amended.

1. Notwithstanding anything to the contrary in any
other Act the Lieutenant-Governor in Council may
make regulations similar or different in different
localities, or with reference to difTerent classes of
buildings, or having application to different classes
of performances or to different conditions governing
the erection, operation and safety of theatres, public
halls and buildings occupied by film exchanges,
including inspection and supervision, and shall have
every power for such purpose which shall be neces-
sary to carry into effect the terms of this section.

3. Section 2 of The Theatres and Cinematographs Act is
amended by inserting after the word "examining" in the
eleventh line the words "re-examining and grading," so that
the section will now read as follows:

Licensing
and regulat-
ing theatres,
picture
shows, etc,

2. The Lieutenant-Governor in Council may impose a
license upon and make regulations for licensing and
defining theatres and public halls and the using and
operating of cinematographs, moving picture
machines or other similar apparatus, for prescribing
terms and conditions under which such machines
shall be operated, for licensing, operating and defin-
ing film exchanges, for prohibiting or regulating

111

Explanatory Notes.

Section 2. The effect of this section is to bring public halls and film
exchanges directly under the licensing and regulating powers which are
given to the Lieutenant-Governor in Council in the case of cinematograph
exhibitions. The section is intended to enable regulations to be made
which will control the use of buildings as public halls or by film exchanges.

Section 3. Operators and apprentices are now subject to examination
before receiving licenses. This section extends the provisions of- section 2
to include re-examining and grading.

Ill

films or slides to be exchanged or exhibited, for
prescribing the terms and conditions under which
such films may be sold, leased or exchanged, provid-
ing for payment of license fee or fees on each film
displayed in Ontario, for regulating and examining,
re-examining and grading operators and apprentices,
for prohibiting or regulating the printing, exhibition
or display of pictures or advertising matter, and
fixing fees to be paid for censoring films, pictures or
advertising matter.

?®285^i^9' ^ Section 9 of The Theatres and Cinematographs Act is
amended, ' amended by striking out the word "fifteen" in the first line

and inserting in lieu thereof, the word "sixteen," so that the

section will now read as follows.

under'^16 ^- ^ child under the age of sixteen years unaccompanied

yeans of age by an adult shall not be permitted to attend any

attending i -i- • i • . ■ .

shows. exhibition by cinematograph, moving picture

machine or other similar apparatus for admission to
which a fee is charged, except on Saturday of each
week and on public and legal holidays between the
hours of 9 a.m. and 6 p.m., during which hours a
matron, to be remunerated by the exhibitor, shall be
engaged in each theatre whose duty it shall be to
supervise the conduct of such children and of adults
toward them while in such theatre, the appointment
of such matron to be sanctioned in such manner as
the Treasurer of Ontario may direct; and the
Treasurer of Ontario may at any theatre in his
discretion dispense with the attendance of a matron.

c^^^s^^^*" ■ ^- -^^^ Theatres and Cinematographs Act is amended by
amended. adding thereto the following sections:

gi|c^eUon^as 20. The Inspector of Theatres may in his discretion

refu'sing or' refuse to grant or revoke for cause, or suspend anv

licenses. license issued under this Act but any such decision

of the Inspector shall be subject to appeal to the

Treasurer of Ontario.

Fire 21. After the vSlst day of May, 1931, a license to operate a

preven ion. theatre shall be granted only when the building in

which such theatre is located is of fire resistive

construction.

ment^cff""^' ®- This Act shall come into force on the 1st dav of June,
Act. 1930.

Section 4. This raises the age at which a child may be present in a
theatre without being accompanied by an adult from fifteen to sixteen
years which agrees with the Dominion law with respect to contributing to
juvenile delinquency. ^

Section 5. The new section 20 is intended to make it clear that the
Inspector may refuse or revoke or suspend any license in his discretion
subject to an appeal to the Minister. '

Section 21 provides that a license shall not be granted hereafter to a
theatre unless the building in which it is located is of fire resistive con-

ScrUCtlOn f

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No. Ill

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Theatres and Cinematographs Act.

Mr. Monteith.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. Ill,

1930.

BILL

Short title.

An Act to amend The Theatres and
Cinematographs Act.

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

1. This Act may be cited as The Theatres and Cinemato-
graphs Act, 1930.

^ev Stat., 2. Section 1 of The Theatres and Cinematographs Act is
amended. ' amended by inserting after the word "theatres" in the sixth
line the words "public halls and buildings occupied by film
exchanges," so that the section will now read as follows:

Regu-
tions by
Lieutenant-
Governor m
Council as
to theatres.

1. Notwithstanding anything to the contrary in any
other Act the Lieutenant-Governor in Council may
make regulations similar or different in different
localities, or with reference to different classes of
buildings, or having application to different classes
of performances or to different conditions governing
the erection, operation and safety of theatres, public
halls and buildings occupied by film exchanges,
including inspection and supervision, and shall have
every power for such purpose which shall be neces-
sary to carry into effect the terms of this section.

?%^-^t^*o' 3. Section 2 of The Theatres and Cinematographs Act is
amended. amended by inserting after the word exammmg m the

eleventh line the words "re-examining and grading," so that

the section will now read as follows:

Licensing
and regulat-
ing theatres,
picture
shows, etc,

The Lieutenant-Governor in Council may impose a
license upon and make regulations for licensing and
defining theatres and public halls and the using and
operating of cinematographs, moving picture
machines or other similar apparatus, for prescribing
terms and conditions under which such machines
shall be operated, for licensing, operating and defin-
ing film exchanges, for prohibiting or regulating

111

films or slides to be exchanged or exhibited, for
prescribing the terms and conditions under which
such films may be sold, leased or exchanged, provid-
ing for payment of license fee or fees on each film
displayed in Ontario, for regulating, and examining,
re-examining and grading operators and apprentices,
for prohibiting or regulating the printing, exhibition
or display of pictures or advertising matter, and
fixing fees to be paid for censoring films, pictures or
advertising matter.

4. Section 9 of The Theatres and Cinematographs Actf^^^f^^^^'^
is amended by striking out the word "fifteen" in the first line amended, '
and inserting in lieu thereof, the word "sixteen," and after

the word "on" in the fifth line insert the word "school," so
that the section will now read as follows : —

9. A child under the age of sixteen years unaccom- ^^ji'g'^/f^
panied by an adult shall not be permitted to attend yearej^.f^age
any exhibition by cinematograph, moving picture shows,
machine or other similar apparatus for admission to
which a fee is charged, except on Saturday of each
week and on school, public and legal holidays between
the hours of 9 a.m. and 6 p.m., during which hours
a matron, to be remunerated by the exhibitor, shall
be engaged in each theatre whose duty it shall be to
supervise the conduct of such children and of adults
toward them while in such theatre, the appointment
of such matron to be sanctioned in such manner as
the Treasurer of Ontario may direct; and the Treas-
urer of Ontario may at any theatre in his discretion
dispense with the attendance of a matron.

5. The Theatres and Cinematographs Act is amended by Re^v-^stat.,
adding thereto the following sections: amended.

20. The Inspector of Theatres may in his discretion Dis^cr^eUon^as

refuse to grant or may revoke for cause, or suspend Jl^J^^j^f e or '
any license issued under this Act but any such licenses.
decision of the Inspector shall be subject to appeal
to the Treasurer of Ontario.

21. An operator or apprentice may appeal from any Appeal by
decision of the Inspector to an Appeal Board ^P^^enUca
appointed by the Treasurer of Ontario.

22.— (1) After the 31st day of May, 1931, a license toF^re^^^.^^
operate a theatre shall be granted only when the
building in which such theatre is located is of fire
resistive construction. Provided that the Treasurer

111

Apportion-
ment of cost
of alterations
between
landlord and
tenant.

may in his discretion extend the time for altering or
otherwise rendering any such building fire-resistive,
for a period not exceeding one year from such date.

(2) Where at the time this Act comes into force a theatre
is held by any person other than the owner of the
building in which it is located under a lease, sub-
. lease, or license, which does not provide for the
making from time to time of such alterations or
improvements in the building as may be necessary
to obtain or keep in force a license to use the theatre,
it shall (except as hereinafter provided) be the duty
of the owner of the building to make such alterations
or improvements as shall be necessary, and the cost
of making such alterations or improvements shall be
apportioned between the owner, the lessee, the sub-
lessee, and the licensee, in proportion to the value of
their respective interests in the said building as at
the 31st of May, 1931, or such later date as may
have been fixed by the Treasurei* of Ontario.

Arbitration.

Rev. Stat.,
c, 97.

Right of
tenant to
terminate
lease.

(3) In the event of the parties being unable to agree on
such apportionment or the cost of such alterations
or improvements, any party may have the matter
submitted to arbitration under the provisions of
The Arbitration Act.

(4) In the event of the owner not wishing to make such
alterations or improvements, or failing to make such
alterations or improvements by the 31st of May,
1931, any lessee, sub-lessee, or licensee, may at his
option terminate the lease, sub-lease, or license, held
by him, upon giving 30 days notice in writing of his
intention to do so to the person under whom he
holds, and such lease, sub-lease, or license, shall
come to an end at the expiration of such period of
30 days.

Commence-
ment of
Act.

6. This Act shall come into force on the 1st day of June,
1930.

Ill

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No. 112

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Corporations Tax Act.

Mr. Monteith.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 112.

1930.

BILL

An Act to amend The Corporations Tax Act.

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

Short title. 1, This Act may be cited as The Corporations Tax Act,

1930.

Rev. Stat.,
c. 29, s. 1,
amended.

"Finance
company."

Rev. Stat.
c. 29, s. 3,
amended.

2. Section 1 of The Corporations Tax Act is amended by
adding thereto the following clause:

(/) "Finance Company" shall mean and include a cor-
poration carrying on business in Ontario, whose
main or chief business is buying or selling and dealing
in mortgages, personal property securities, condi-
tional sale agreements, lien notes, bills or any other
similar obligations or property.

3. Section 3 of The Corporations Tax Act is amended by
adding thereto the following subsection:

Tax

on finance
company.

(22) Every finance company shall pay, —

(a) a tax of one-tenth of one per centum of the
paid-up capital thereof;

{b) an additional tax of $500 for the principal
office in Ontario.

Rev. Stat., 4. Section 12 of The Corporations Tax Act is amended by
amended. inserting after the word "Ontario" in the sixth Ime the
words "except where the shares or certificates are issued with-
out designated monetary value in which case the tax shall
be three cents for every one hundred dollars or fraction thereof
of the market value of such shares," so that the section will
now read as follows:

stamp tax
on transfer of
securities of
corporation.

12. There shall be levied a tax of three cents, payable by
the transferor in money or stamps, for every $100 or

112

Explanatory Notes.

Section 2 defines a Finance Company and section 3 imposes a tax on
such companies. The companies which it is sought to assess by this
amendment are companies dealing in second mortgages, automobile notes,
piano notes and similar lien notes and obligations.

Section 4 amends the provisions with respect to Stock Transfer Tax,
to make it clear that a Transfer Tax is payable on shares of no par value.

112

fraction thereof of the par value upon every change
of ownership consequent upon the sale, transfer or
assignment of shares, or debenture stock issued by
any corporation or company made or carried into
effect in Ontario, except where the shares or certifi-
cates are issued without designated monetary value
in which case the tax shall be three cents for every
one hundred dollars or fraction thereof of the
market value of such shares; but the first delivery
by the corporation or company of such shares, or
debenture stock, in order to effect an issue, shall not
be subject to the tax imposed by this section.

Rev. Stat., 5. Section 16 of The Corporations Tax Act is amended by
amended. ' Striking out the word "three" in the first line and inserting in
lieu thereof the word "four.'

Rev. Stat., 6. Subscction 5 of section 24 of The Corporations Tax Act
siibs.'l,^*' K? amended by striking out all the words after the word
amended, "corporation" in the third line, so that the subsection will
now read as follows:

Payment
of balance.

(5) The balance remaining at the credit of each municipal
corporation after deducting such charge shall be
forthwith paid by the Treasurer to the corporation.

7. This Act shall come into force on Ihe day upon which it

Commence-
ment of . 1 T-» 1 A

Act. receives the Koval Assent

112

Section 5 corrects an error made in the revision of the Statutes.

Section 6 corrects what appears to be inequitable in the present Act.
Over and above the allowance made to the municipalities by this section,
there is an excess of maintenance charges for indigent patients in certain
municipalities in the neighborhood of $35,000 payable principally by the
larger municipalities and it does not appear equitable that the larger
municipalities should escape their just share of charge for maintenance of
indigent patients in Ontario hospitals. This amendment should be
supplemented by an amendment to The Hospitals for the Insane Act fixing
the rate payable by municipalities at ten cents per clay for indigent patients.

112

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No. 112

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Corporations Tax Act.

Mr. Monteith.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 112.

1930.

BILL

An Act to amend The Corporations Tax Act.

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

Short title. J.. This Act may be cited as The Corporations Tax Act,
1930.

Rev. Stat.
c. 29, s. 1,
amended,

2. Section 1 of The Corporations Tax Act is amended by
adding thereto the following clause:

"Finance
company.

(/) "Finance Company" shall mean and include a cor-
poration carrying on business in Ontario, whose
main or chief business is buying or selling and dealing
in mortgages, conditional sale agreements, lien
notes, bills or any other similar obligations or
property.

Rev. Stat.
c. 29, s. 3,
amended.

3. Section 3 of The Corporations Tax Act is amended by
adding thereto the following subsection:

Tax

on finance

company.

(22) Every finance company shall pay, —

(a) a tax of one-tenth of one per centum of the
paid-up capital thereof;

{h) an additional tax of $500 for the principal
office in Ontario.

Rev. Stat.,
c. 29, s. 12,
amended.

4. Section 12 of The Corporations Tax Act is amended by
inserting after the word "Ontario" in the sixth line the
words "except where the shares or certificates are issued with-
out designated monetary value in which case the tax shall
be three cents for every one hundred dollars or fraction thereof
of the market value of such shares," so that the section will
now read as follows :

stamp tax-
on transfer of
securities o f
corporation.

12. There shall be levied a tax of three cents, payable by
the transferor in money or stamps, for every $100 or

112

fraction thereof of the par value upon every change

of ownership consequent upon the sale, transter or

assignment of shares, or debenture stock issued by

any corporation or company made or carried into

effect in Ontario, except where the shares or certih-

cates are issued without designated monetary value

in which case the tax shall be three cents for every

one hundred dollars or fraction thereof o the

• market value of 'such shares; but the first delivery

by the corporation or company of such shares, or

debenture stock, in order to effect an issue, shall not

be subject to the tax imposed by this section.

5 Section 16 of The Corporations Tax Act is amended by R^^ s^^i^e!
strTking out the word ''three'' in the first line and inserting in amended.
lieu thereof the word "four.'

6 Subsection 5 of section 24 of The Corporations Tax ^-^j^ev. stat..
ig amended by striking out all the words after the wo^dsub. 5.^_
'Wporation" in the third line, so that the subsection will

.now read as follows :

(5) The balance remaining at the credit of each municipal Jf ^'Sce.
corporation after deducting such charge shall be
forthwith paid by the Treasurer to the corporation.

1 u:^u :4- Commence-

•7. This Act shall come into force on ihe day upon which it^ent of

receives the Royal Assent.

112

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No. 113

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Municipal Act.

Mr. Raven.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 113. 1930.

BILL

An Act to amend The Municipal Act.

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

Rev. Stat. 1, Clause (o) of subsection 1 of section 53 of The Municipal

siibs. i.ci.o Act is amended by adding at the end thereof the following
amended. words: "Contract in this clause includes in cities, towns and

villages a contract with public and high school boards and

boards of education."

113

Explanatory Note.

The object of this Bill is to make it clear that a person who has a
contract with a public or high school board, or a board of education, is
disqualified from being elected as a member of the council.

113

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No. 114.

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Assessment Act.

Mr. Macaulay.

TORONTO

Printed BY Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 114.

1930.

BILL

Rev. Stat.,
c. 238, ss. 2
and 3,
amended.

Rev. Stat.
c. 233,
amended.

Power to
pa.ss by-law
exempting
income from
taxation.

An Act to amend The Assessment Act.

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

1. — (1) Sections 2 and 3 of The Assessment Act are sunended
by adding at the beginning thereof the words "Subject to
the provisions of any by-law passed under the authority of
section 41a exempting income from assessment and taxation."

, (2) The Assessment Act is amended by adding thereto the
following section:

Force

of by-law.

Repeal.

Case

of munici-
palities as-
sessing and
taxing in
different
years.

41a

— (1) The council of any municipality by a two-
thirds vote of all the members may before the first
day of November in any year pass a by-law exempt-
ing from assessment and taxation for all municipal
purposes, including school purposes, all income
which would otherwise be liable to assessm.ent and
taxation under the provisions of this Act.

(2) The by-law shall come into force on the first day
of January following its passing and shall remain
in force from year to year until it is repealed.

(3) The by-law may be repealed in any year prior to

the first day of November by a two-thirds vote of
all the members of the council and the repealing
by-law shall come into force on the first day of
January following its passing.

(4) In municipalities which make the assessment in
one year for the next succeeding year as provided
by sections 59 and 60 the by-law, including the
repealing by-law, shall for the first year following
its passing apply only to the assessment made in
that year and not to taxes levied* in that year.

114

Explanatory Note, '

Section 1. Makes a necessary amendment, if the Bill passes, to
sections 2 and 3 of The Assessment Act providing that all rates are to be
levied upon the whole assessment for real property, income and business.

The other provisions of the Bill explain themselves and give power to
pass a by-law exempting income from assessment and taxation.

114

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No. 115

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Optometry Act.

Mr. Price.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 115.

1930.

BILL

An Act to amend The Optometry Act.

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

Short title. I This Act may be cited as The Optometry Act, 1930.

^^215^*^*" ^- Section 1 of The Optometry Act is amended by adding
amended. thereto the following clauses :

Inter-
pretation
"Ophthalmic
lens."

(c) "Ophthalmic lens" shall mean any form of lens or
prism or the combination of the same, devised for
the relief or correction of any visual or muscular
error or defect of the eye.

"Opto-
metry."

{d) "Optometry" shall mean the measurement of or the
attempt to measure by any means the refractive or
muscular condition of the eye, the prescribing of any
opthalmic lens or lenses or the prescribing of any
spectacles or eye-glasses to any person for the relief
or correction of any visual or muscular error or
defect of the eve.

'Opto-
metrist."

"Optician.

(e) "Optometrist" shall mean any person who practises
optometry as herein defined.

(/) "Optician" shall mean any person who dispenses
any ophthalmic lens or lenses or spectacles or
eye-glasses devised for the relief or correction of
any visual or muscular error or defect of the eye,
or repairs the same, or fills any optometrist's or
oculist's prescription for any such lenses, spectacles
or eye-glasses.

"Prescribe." (g) Without in any way limiting the generality of the

term "prescribe" it shall in this Act also be deemed
to include the self-measurement by any person of the
refractive or muscular condition of the eye if such
measurement shall be made by means of an instru-

115

Explanatory Note

This bill follows the Bill introduced in 1929 with some few excep-
tions.

Section 2. Interpretation Section is amended by inserting some
definitions which experience has shown to be necessary in administering
the Act.

115

ment supplied or loaned for the purpose, and the
person who supplies the instrument or loans the
same, and his agent, shall be deemed to "prescribe"
within the meaning of this Act.

J'Yis^l^s; 3- — (^) Subsection 1 of section 8 of The Optometry Act is
^^^;, h ^ amended by striking out the word "found" in the third line

amendea. -^ °

thereof.

?Yi5^*B^*8, (2) The said section 8 is further amended by adding
amended. thereto the following subsections:

Powers

of Board on

inquiry.

Rev. Stat.,
c. 20.

Appeal

to Supreme

Court judge.

Rev. Stat.,
0. 215, s. 9,
repealed.

Ofifences.

(3) For the purposes of any inquiry under this section
the Board shall have and may exercise all the powers
which may be conferred upon a commission appointed
under The Public Inquiries Act including the power
to summon witnesses and compel their attendance,
to take affidavits- under oath and call for the pro-
duction of books, documents, papers and things.

(4) An appeal shall lie, by way of originating notice,

from any order or decision of the Board under this
Act to a judge of the Supreme Court who may
receive such evidence, give such directions for the
conduct of the proceedings and make such order or
decision thereon as he may deem just, and his
decision shall be final and shall not be subject to
an appeal.

4. Section 9 of The Optometry Act is repealed and the
following substituted therefor:

9. — (1) Every person, —

(a) Not being the holder of a certificate under this
Act who practises optometry or as an optician,
or appends to his name the term "optometrist"
or "optician" or any abbreviation thereof, or
wilfully or falsely pretends to be, or wilfully
or falsely takes or uses any name, title,
addition, abbreviation or description imply-
ing, or calculated to lead any person to
believe, that he is or is recognized by law as
an optometrist or optician as the case may be,
or that he is registered or possesses a certi-
ficate as an optometrist or optician under
this Act, or

(b) Whether he is the holder of a certificate under

this Act or not, who has been prohibited by
the Board from the practising as an optome-
trist or optician and disobeys such prohibition,
or

115

Section 3 gives the Board some powers which are necessary to hold
investigations into the conduct of licensees and which resemble to some
extent provision of other Acts, in which disciplinary powers are given to
the Board.

115

(c) Whether he is the holder of a certificate under
this Act or not, who practises or carries on
business as an optometrist or optician in any
other manner than from a permanent place of
business without having first obtained the
permission of and a license from the Board
to be issued upon such terms and conditions
as the regulations may from time to time
prescribe, and notwithstanding that he is the
holder of a municipal license as a peddler or
transient trader, or

{d) Whether he is the holder of a certificate under
this Act or not, who, except in cases of
replacement or duplication, sells or offers to
sell by mail, or sells or ofifers to sell through
an agent or travelling salesman, or prescribes
by mail or through an agent or travelling
salesman, any ophthalmic lens or spectacles
or eye-glasses devised for the relief or correc-
tion of any visual or muscular error or defect
of the eye, or

(e) Whether he is the holder of a certificate under
this Act or not, who causes to be printed or
published or distributed any false ormislead-
, ing advertisement with respect to the sale of
any ophthalmic lens or spectacles or eye-
glasses devised for the relief or correction of
any visual or muscular error or defect of
the eye

Penalties. shall be guilty of an offence and shall incur a penalty

of not more than $100 or less than $10 for the first
offence, and not more than $500 or less than $25
for the second offence.

ofRev^stat (2) ^^^ Summary Convictions Act shall apply to offences

c- 121; ■' under this Act.

?7i5^e''*io. 5- Section 10 of The Optometry Act is repealed and the
repealed. following substituted therefor:

So^o^pSa- 10.— (a) Nothing in this Act shall be deemed to apply to a

tionofAct. duly qualified medical practitioner registered under

the laws of the Province of Ontario, or to any person,
. firm or corporation carrying on business in the
Province of Ontario as a bona fide wholesale manufac-
turer of optical goods who does not prescribe directly
or indirectly by mail or through an agent or travel-

115

Section 4. Clause (d) is new and is aimed at what are known as Mail
Order Houses.

Section 5 exempts wholesale manufacturers as well as qualified
medical practitioners from the operation of the Act and adds a provision
protecting the unrestricted sale of coloured glasses and glasses used for
protection purposes in any industry.

115

ling salesman or otherwise in any manner whatsoever,
any ophthalmic lens or spectacles or eye-glasses
devised for the relief or correction of any visual or
muscular error or defect of the eye.

(6) Nothing in this Act shall be deemed to prevent the
unrestricted sale of protection glasses for industrial
purposes, coloured glasses not embodying an ophthal-
• mic lens or lenses, goggles or simple magnifying
glasses not sold or devised for the relief or correction
of any visual or muscular error or defect of the eye.

Commence- 6. This Act shall come into force on the day upon which

ment of . . ,. -^^ , . j r-

Act. it receives the Royal Assent.

115

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No. 116

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Legislative Assembly Act.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 116.

1930.

BILL

An Act to amend The Legislative Assembly Act.

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

Short title.

1. This Act may be cited as The Legislative Assembly Act,
1930.

Rev. Stat., 2. Section 3 of The Legislative Assembly Act is amended
ame^ncfecu' by Striking out the word "four" in the first line and inserting

in lieu thereof the word "five," so that the section will now

read as follows:

Duration
of Assembly.

Every Assembly shall continue for five years from
the fifty-fifth day after the date of the writs for the
election and no longer, subject to being sooner
dissolved by the Lieutenant-Governor.

116

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No. 116

1st Session, 18th Legislature, Ontario |^

20 George V, 1930

BILL

An Act to amend The Legislative Assembly Act.

Mr. Ferguson.

TORONTO
Printed by Herbert H. Ball,
Printer to the King's Most Excellent Majesty

No. 116.

1930.

BILL

An Act to amend The Legislative Assembly Act.

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

Short title. ^ -pjjjg ^^^ j^^y ^^ ^.j^g^ ^g j^^ ^ Legislatwe Assembly Act,
1930.

Rev. Stat.,
c. 12, s. 3,
amended.

2. Section 3 of The Legislative Assembly Act is amended
by striking out the word "four" in the first line and inserting
in lieu thereof the word "five," so that the section will now
read as follows :

Duration
of Assembly.

Every Assembly shall continue for five years from
"the fifty-fifth day after the date of the writs for the

election and no longer, subject to being sooner

dissolved by the Lieutenant-Governor.

Rev. Stat.,
c. 12, s. 76,
repealed.

3. Section 76 of The Legislative Assembly Act is repealed
and the following substituted therefor:

Special
indemnity
to Leader of
Opposition.

Retroactive
to 31st Oct.,
1929.

Commence-
ment of Act.

76. — (1) To the member recognized by the Speaker as
occupying the position of Leader of the Opposition
in the Legislative Assembly, there shall be payable
over and above the sessional indemnity mentioned
in section 70, an additional sessional indemnity of
$3,000.

(2) The amendment made by subsection 1 shall take
effect as from the 31st day of October, 1929.

4. This Act shall come into f,orce on the day upon which
it receives the Royal Assent.

116

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No. 117

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Highway Traffic Act.

Mr. Henry (East York).

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 117.

1930.

Short title.

BILL

An Act to amend The Highway Traffic Act.

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

1. This Act may be cited as The Highway Traffic Amend-
ment Act, 1930.

Rev. Stat.,

c. 251, .s. 9,

subs, 2a,

(1928,

c. 42, s. 2,

subs. 1),

repealed.

2. — (1) Subsection 2a of section 9 of The Highway Traffic
Act as enacted by subsection 1 of section 2 of The Highway
Traffic Amendment Act, 1928, is repealed and the following
substituted therefor:

Clearance
larftps re-
quired on
wide
vehicles.

Rev. Stat.,
c. 251, s. 9,
subs. 5,
repealed.

Bicycles and
tricycles.

(2a) Whenever on a highway after dusk and before dawn
every motor vehicle and every trailer having a width
at any part in excess of eighty inches shall carry in
addition to the lamps required by subsection 1 two
clearance lamps on the left side of such vehicle, one
of which shall be located at the front of the vehicle
and shall display a green light, and the other of which
shall be located at the rear of the vehicle and shall
display a red light. The Department may by regu-
lation permit a reflector, approved by the Depart-
ment, to be displayed in lieu of a clearance lamp on
the rear of a vehicle. Any lamp or reflector so used
shall be clearly visible at a distance of at least 200
feet from the front or rear as the case may be.

(2) Subsection 5 of section 9 of The HigMvay Traffic Act is
repealed and the following substituted therefor:

(5) Whenever on a highway after dusk and before dawn,
every bicycle or tricycle shall carry on the front
thereof a white or amber lighted lamp, or reflector
approved by the Department, and on the back
thereof a red lighted lamp, or reflector approved by
the Department, so placed as to be clearly visible to
drivers of other vehicles.

117

Explanatory Notes.

Section 2.— (1) The present subsection of the Act provides for use of
reflectors of a design approved by the Department both on front and rear
of vehicles having a width in excess of eighty inches.

The amendment eliminates "design" and permits of use on back of
vehicle only.

(2) The Act at the present time requires lights or reflectors on the rear
of bicycles only. The amendment will require either a light or an approved
reflector on the front as well as the rear of every bicycle.

117

(3) Clause h of subsection 18 of section 9 of The Highway
Traffic Act is amended by striking out the words "of a design"

Rev. Stat.,
c. 251, s. 9,
subs. 18,
cl. b, .

amended. m the sccond line thereof

Rev. Stat.,
c. 251, s. 10,
subs. 1, cl. a,
repealed.

Rev. Stat.,
c. 251, s. 11,
subs. 1,
repealed.

Windshield
wiper.

Mirror.

3, Clause a of subsection 1 of section 10 of The Highway
Traffic Act is repealed.

4. Subsection 1 of section 11 of The Highway Traffic Act is
repealed and the following substituted therefor:

(1) Every motor vehicle shall be equipped with, — •

(a) A device for cleaning rain, snow and other
moisture from the windshield so constructed
as to be controlled or operated by the
chauffeur or operator;

(Jb) A mirror securely attached to and placed in
such a position as to afford the chauffeur or
operator a clearly reflected view of the road-
way in the rear or of any vehicle approaching
from the rear.

Rev. Stat.,
c. 251, s. 24.
amended.

5. Section 24 of The Highway Traffic Act is amended by
adding thereto the following clause:

Persons or
property in

front seat.

(a) Driving a motor vehicle with persons or property in
the front or driver's seat so placed as to interfere
with the proper management or control of the
vehicle by the driver shall be deemed to be negligent
driving within the meaning of this section.

c^^2^i^s^3i ®' Subsection 2 of section 31 of The Highway Traffic Act
subs. 2 is repealed and the following substituted therefor:

repealed. ^ °

Weight of
load during
March and
April.

(2) During the months of March and April commercial
motor vehicles and trailers, other than public vehicles,
operated over or upon any highway not within a city
or separated town shall not be loaded in excess of the
limits prescribed hereunder without obtaining a
permit as provided by section 30:

(a) A vehicle equipped wholly or in part with
solid tires shall not be loaded in excess of
one-half the carrying capacity as registered
with the Department.

{b) A vehicle equipped wholly with pneumatic
tires, having a carrying capacity registered
with the Department of three tons and not
more than six tons, shall not be loaded in
excess of three tons.

117

(3) The present subsection of the Act provides only for the approval
of "design" of reflectors permitted to be used in lieu of lighted lamps on
certain horse-drawn vehicles. The amendment eliminates reference to
"design."

Section 3. The present sectionof the Act requires all vehicles equipped
with four-wheel brakes to display a red triangular sign.

This is now claimed to be unnecessary.

Section 4. The present section of the Act requires every commercial
vehicle only to be equipped with a mirror.

The amendment will require every motor vehicle to be equipped with a'
"windshield wiper" and also a rear vision "mirror."

Section 5. This is a new subsection limiting the persons or property
in the front or driver's seat.

Section 6. The amendment sets out more specifically than the
present Act the weight of load to be carried by commercial vehicles and
trailers during the months of March and April.

117

(c) A vehicle equipped wholly with pneumatic
tires and having a registered carrying capacity
in excess of six tons shall not be loaded in
excess of one-half the capacity registered with
the Department.

Rev. Stat., m^ /a\ c^ i

cj^25i,^s. .34, 7. — (1) Subsection 1 of section 34 of The Highway Traffic
(1928, c. 42, Act as amended by section 5 of The Highway Traffic Act, 1928
repealed. IS repealed and the following substituted therefor:

S^^'er'a^nd "^ (1) Every commercial motor vehicle and every trailer

ioTd"'t'S"bT drawn by it shall have attached to or painted on both

vehictJ®^ °^ ^^^^^ ^^ ^^^ body in a clearly visible position a sign

showing the name and address of the owner and shall
also have attached to both sides of the body a sign
issued by the Department showing the gross weight
allowed under the permit issued for the vehicle.
Provided, however, that this section shall not apply
to hearses, casket wagons, ambulances, police patrols,
public vehicles and fire apparatus.

f.%^i!''l':z4. (2) Section 34 of The Highway Traffic Act is amended by
amended. adding thereto the following subsection:

Reflector. ^j^) Every commercial motor vehicle and every trailer

shall have securely attached to the back thereof
within six inches of the left side of the body in such a
position as to reflect the light from the headlights
of a vehicle approaching from the rear a red reflector
approved by the Department.

Rev.^stat.^ 8. — (1) Subsections 1 and 2 of section 35 of The Highway
siibs. i and 2, Traffic A ct are repealed and the following substituted therefor:

repealed.

Right-of- (J) Where two persons in charge of vehicles or on horse-

back approach a crossroad or intersection, or enter
an intersection, at the same time, the person to the
right hand of the other vehicle or horseman shall
have the right-of-way.

(a) The driver or operator of a vehicle within an
intersection intending to turn to the left
across the path of any vehicle approaching
from the opposite direction may make such
left turn only after affording a reasonable
opportunity to the driver or operator of such
other vehicle to avoid a collision.

"througb^* (2) The operator or driver of every vehicle shall imme-

highway." diatcly before entering or crossing a through highway

bring the vehicle to a full stop, —

117

Section 7. — (1) The present section of the Act requires gross weight
plates to be displayed on commercial vehicles.

The amendment requires the name and address of the owner also to
be displayed.

(2) This is a new subsection requiring commercial vehicles and trailers
to have in addition to usual rear light a red reflector on back thereof.

Section 8. — (1) It is intended to repeal the present subsection of the
Act relating to right-of-way and substitute the proposed sections which
have been re-arranged.

(2) This is a new subsection to prevent two persons riding on an
ordinary bicycle.

117

(a) The driver or operator of any vehicle who has
come to a full stop as required above, upon
entering the through highway, as well as
drivers or operators of vehicles on such
through highway, shall be subject to the
usual right-of-way rule prescribed in sub-
section 1 of this section and applicable to
vehicles at intersections.

(b) "Through highway" shall mean any highway
designated as such by the Minister or by
by-law of a municipality approved by the
Department, and every such highway shall
be marked to comply with the regulations of
the Department.

Rev. Stat.,
c. 251, s. 35,
amended.

■ Persons
on bicycle.

(2) Section 35 of The Highway Traffic Act is amended by
adding thereto the following subsection:

(8a) No person riding on a bicycle designed for carrying
one person only shall carry any other person thereon.

Rev. Stat.,
0. 251, s. 54,
subs. 1,
repealed.

9. Subsection 1 of section 54 of The Highway Traffic Act is
repealed.

c^2^i^s^58 ^^- Subsection 3 of section 58 of The Highway Traffic Act
subs. 3 ig repealed and the following substituted therefor:

repealed. ^ °

Evidence.

(3) A copy of any writing, paper, or document filed in
the Department pursuant to this Act purporting to
be certified by the Deputy Minister or Registrar of
Motor Vehicles under the seal of the Department as
a true copy shall be received in evidence in all courts
without proof of the seal or signature.

c'' 251^ 8^ 61 •^•^- Section 61 of The Highway Traffic Act is amended by
amended. ' adding after the word "chauffeur" in the second line the
words "or operator."

117

Section 9. The repeal of the present subsection of the Act is necessary
in view of the transfer of the force of Traffic Officers from Department of
Highways to the Attorney-General's Department.

Section 10. The present subsection provides for the acceptance as
evidence of a certified copy of a conviction only.

• The amendment provides that a certified copy of all documents filed
in the Department may be received in evidence in all courts.

Section 1 1 . The present section dealing with penalty for any chauffeur
operating a motor vehicle while his license or permit is suspended is
amended to apply to operators as well.

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No. 117

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Highway Traffic Act.

Mr. Henry (East York).

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 117.

1930.

BILL

Short title.

Rev. Stat.,

c. 251, 8. 9,

subs, 2a,

(1928,

C. 42, s. 2,

subs. 1),

repealed.

Clearance
lamps re-
quired on
wide
vehicles.

Rev. Stat.,
c. 251, s. 9,
subs. 5,
repealed.

Bicycles and
tricycles.

An Act to amend The Highway Traffic Act.

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

1. This Act may be cited as The Highway Traffic Amend-
ment Act, 1930 {No. 2.)

(2a) Whenever on a highway after dusk and before dawn
every motor vehicle and every trailer having a width
at any part in excess of eighty inches shall carry in
addition to the lamps required by subsection 1 two
clearance lamps, one of which shall be located at the
front of the vehicle and shall display a green light,
and the other of which shall be located at the rear
of the vehicle and shall display a red light. The
Department may by regulation permit a reflector,
approved by the Department, to be displayed in
lieu of a clearance lamp on the rear of a vehicle.
Any lamp or reflector so used shall be clearly visible
at a distance of at least 200 feet from the front or
rear as the case may be, and shall be affixed within
six inches of the extreme left side of the vehicle.

(2) Subsection 5 of section 9 of The Highway Traffic Act is
repealed and the following substituted therefor:

117

(3) Clause b of subsection 18 of section 9 of The Highway '^^^^^^^^■'
Traffic Act is amended by striking out the words "of a design" subs, is, '
in the second Hne thereof. amended.

3. Clause a of subsection 1 of section 10 of The Highway f',^25i'X^ib,
Traffic Act is repealed. ' s^^s. i ci. a,

4. Subsection 1 of section 11 of The Highivay Traffic Act isRev. stat.,
repealed and the following substituted therefor: subs.^i^' ^^'

repealed.

(1) Every motor vehicle shall be equipped with, —

{a) A device for cleaning rain, snow and other Windshield
moisture from the windshield so constructed
as to be controlled or operated by the
chauffeur or operator;

(6) A mirror securely attached to and placed in^*"°''-
such a position as to afford the chauffeur or
operator a clearly reflected view of the road-
way in the rear or of any vehicle approaching
from the rear.

5. Section 24 of The Highway Traffic Act is amended by J^si^s^k
adding thereto the following clause: amended.

{a) Driving a motor vehicle with persons or property in prope?ty°fn
the front or driver's seat so placed as to interfere *"''°"* ^®^*-
with the proper management or control of the
vehicle by the driver shall be deemed to be negligent
driving within the meaning of this section.

6. Subsection 2 of section 31 of The Highway Traffic ^c/Re^. stat.,
is repealed and the following substituted therefor: siibs. 2?" '

repealed.

(2) During the months of March and April commercial weight of
motor vehicles and trailers, other than public vehicles, KcKnd^
operated over or upon any highway not within a city ^^'"*^" i
or separated town shall not be loaded in excess of the I
limits prescribed hereunder without obtaining a |
permit as provided by section 30: |

(a) A vehicle equipped wholly or in part with '\

solid tires shall not be loaded in excess of |

one-half the carrying capacity as registered |
with the Department.

{b) A vehicle equipped wholly with pneumatic i|

tires, having a carrying capacity registered %
with the Department of three tons and not

more than six tons, shall not be loaded in ■

excess of three tons, I

117

Rev. Stat., «,- /.,\ f> i ■ a r

c. 251,8.34, 7. — (1) Subsection 1 of section 34 of The Highway Traffic
(1928, c. 42, Act as amended by section 5 of The Highway Traffic Act, 1928
repealed. is repealed and the following substituted therefor:

?w^r'a^nd '^^ (1) Every commercial motor vehicle and every trailer

ioad"^to"be drawn by it shall have attached to or painted on both

disp^iayed on sides of the body in a clearly visible position a sign

showing the name and address of the owner and shall
also have attached to both sides of the body a sign
issued by the Department showing the gross weight
allowed under the permit issued for the vehicle.
Provided, however, that this section shall riot apply
to hearses, casket wagons, ambulances, police patrols,
public vehicles and fire apparatus.

Rev^stat.,^^ (2) Section 34 of The Highway Traffic Act is amended by
amended. adding thereto the following subsection:

Reflector.

(la) Every commercial motor vehicle and every trailer
shall have securely attached to the back thereof
within six inches of the left side of the body in such a
position as to reflect the light from the headlights
of a vehicle approaching from the rear a red reflector
approved by the Department.

8. — (1) Subsections 1 and 2 of section 35 of The Highway

Rev. Stat.,
C. 251, s. 35,

subs. 1 and 2, Traffic A ct are repealed and the following substituted therefor:

Right-of-
way.

(1) Where two persons in charge of vehicles or on horse-
back approach a crossroad or intersection, or enter
an intersection, at the same time, the person to the
right hand of the other vehicle or horseman shall
have the right-of-way.

Full stop at
"through
highway. "

(2) The operator or driver of every vehicle shall imme-
diately before entering or crossing a through highway
bring the vehicle to a full stop, —

117

11. Subsection 1 of section 53 of The Highway Traffic ^c^Rev. stat.,
is amended by striking out the word "six" in the fourth line, subs, i^" ^^'
and inserting in Heu thereof the word "twelve." amended.

12. Subsection 4 of section 53 of The Highway Traffic Act'^_^^r,^^^\'^
is repealed. subs. 4,'

repealed.

13. Subsection 1 of section 54 of The Highway Traffic Act is^®7.- ^tat..

11 ° •' ''J c. 251, s. 54.

repealed. subs, i,

repealed.

117

(a) The driver or operator of any vehicle who has
come to a full stop as required above, upon i
entering the through highway, as well as ;1
drivers or operators of vehicles on such j
through highway, shall be subject to the i
usual right-of-way rule prescribed in sub- I
section 1 of this section and applicable to i
vehicles at intersections. I

(b) "Through highway" shall mean any highway i
designated as such by the Minister or by

by-law of a municipality approved by the g

Department, and every such highway shall i

be marked to comply with the regulations of '\

the Department. -

(2) Section 35 of The Highway Traffic Act is amended byj^^i^^^^ I

adding thereto the following subsection: amended. ' I

(8a) No person riding on a bicycle designed for carry ing on bfcycie. *

one person only shall carry any other person thereon. '\

9. Subsection 1 of section 38 of TJie Highway Traffic Act isf^^^^f^^^ ■*
amended by adding thereto the following clause: ^iibs. i,'

° amended,

(a) This subsection shall extend and apply to any animal I

which is led or driven on a highway by a person on '

foot and to such person on foot. t

-I

10. The Higfiay Traffic Act is amended by adding thereto ^^^^ stat., !

the following section: amended.

41a. The owner of a motor vehicle shall be liable for loss ^J^Ssi^r I

or damage sustained by any person by reason of damage. |

negligence in the operation of such motor vehicle on f

a highway unless such motor vehicle was without the l

owner's consent in the possession of some person |

other than the owner or his chauffeur, and the driver I

of a motor vehicle not being the owner shall be liable I

to the same extent as such owner. |

c" 251^8* 58 ^^- Subsection 3 of section 58 of The Highway Traffic Act
subs. 3, ' is repealed and the following substituted therefor:

repealed. ^ °

Evidence. (3) A copy of any writing, paper, or document filed in

the Department pursuant to this Act purporting to
be certified by the Deputy Minister or Registrar of
Motor Vehicles under the seal of the Department as
a true copy shall be received in evidence in all courts
without proof of the seal or signature.

o'2^'i^s^6i ^^' Section 61 of The Highway Traffic Act is amended by
amended, adding after the word "chauffeur" in the second line the
words "or operator."

ment^cff^^^" ^^- '^^^^ ^^^ shdW come into force on the day upon which
Act, it receives the Royal Assent.

117

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No. 118

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Municipal Act.

Mr. Staples.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 118. 1930.

BILL

An Act to amend The Municipal Act.

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

c. 2^33, s^4ii, 1- Section 411 of The Municipal Act is amended by adding
amended. ^^ ^j^g heading thereof the words "and of towns having a
population of not less than four thousand."

Rev. Stat., 2. The first five lines of paragraph 1 of section 419 of

c. 233, s. 419, rj^i nr

par. 1 1 rie Mun

repealed. therefor:

par. W ' ' The Municipal Act are repealed and the following substituted

Licensing, J Por licensing, regulating, governing and controlling

regulating . ^ P' . , , . , , °

junk shops, the location oi junk shops, junk yards, second-

hand shops and dealers in second-hand goods and
for revoking the license.

118

Explanatory Note.

Section 1. Under section 411^of the Act by-laws may be passed by
the councils of cities for the appointment of commissioners of industries,
and prohibiting the use of buildings for livery stables, shops, factories,
laundries, etc., within defined areas.

The Bill makes this applicable to towns having a population of not
less than 4,000.

Section 2. Under section 419 of the Act councils of cities, towns and
townships bordering on a city having a population of not less than 100,000,
and Boards of Commissioners of Police for cities, have power to license,
regulate and govern junk shops, junk yards, second-hand shops, etc.

The Bill gives power to control the location of these shops and yards
and to revoke the license.

118

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No. 119

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Municipal Act.

Mr. Murphy (St. Patrick).

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 119. 1930.

BILL

An Act to amend The Municipal Act.

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

?2^'3^s^399 ^' Paragraph 43 of section 399 of The Municipal Act is
par. 48 amended by adding thereto the following clause:

amended. .

of by-law. (a) A by-law passed under the authority of this para-

graph may be made applicable only to one or more
highways or public places named therein or to any
defined area.

^2^3^8^431 '^- Paragraph 1 of section 431 of The Municipal Act is
revoking and cancelling the license."

par. i' amended by adding at the end thereof the words "and for

amended. •' °

c^®2^'3^s'^43i ^' Section 431 of The Municipal Act is amended by adding
amended. thereto the following paragraph:

"taxicab^ 5. For licensing, regulating and governing taxicab

brokers." brokers and for revoking and cancelling the license.

{a) For the purpose of this paragraph "taxicab
broker" shall mean any person occupying a
building, part of a building or place used as
a taxicab office, who receives remuneration
from owners or drivers of cabs for the use of
his office or services in securing business for
such owners or drivers.

119

Explanatory Note.

Section 1. Under paragraph 43 of section 399 councils of urban
municipalities have power to prohibit persons from importuning on the
highway or in a public place, others to go t6 hotels and boarding houses.

The Bill enables the by-law to be made applicable to one or more
highways or public places, or to any defined area.

Section 2. Under paragraph 1 of section 431 Boards of Police Com-
missioners in cities are empowered to pass by-laws licensing, regulating
and governing cab drivers, teamsters, etc.

The Bill would give them the additional power to revoke or cancel
the license.

Section 3. By this amendment Boards of Commissioners of Police
of cities are given power to license, regulate and govern taxicab brokers
and to revoke or cancel the license.

119

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No. 120.

1st Session, 18th Legislature, Ontario
20 George V, 1930

BILL

An Act to amend The Municipal Act.

Mr. Honeywell.

TORONTO

Printed by Herbert H. Ball,

Printer to the King's Most Excellent Majesty

No. 120. 1930-

BILL

An Act to amend The Municipal Act.

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

?^233^Er422 ^- Paragraph 4 of section 422 of The Municipal Act is
para. 4 amended by adding after the word "dealer" in the fourth line,

amended, -' ° .... , .

the followmg words: and for licensmg, regulatmg and

governing bakers, butchers and other persons whose place of
Licensing business is out of Ontario but who go from place to place or
bakersretc. to a particular place in Ontario to make sales or deliveries

of bread, meat or other commodities to any person other

than to a retail dealer."

120

Explanatory Note.

Section 1. The present paragraph 4 of section 422 of the Act empowers
the councils of townships in unorganized territory, all townships bordering
on a city having a population of not less than 100,000 of counties and
towns and of cities having a population of less than 100,000 and Boards of
Commissioners of Police of cities having a population of not less than
100,000 to license, regulate and govern persons, not being wholesale dealers
residing in Ontario, who go from place to place or to some particular place
to make sales or deliveries of fruits or garden produce to retail dealers.

The Bill extends this to the licensing, regulating and governing of
bakers, butchers, and other persons whose place of business is out of
Ontario but who go from place to place or to a particular place in Ontario
to make sales or deliveries of bread, meat, etc. to any person other than a
retail dealer.

120

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